II 

Calendar No. 502 

114TH CONGRESS 

2D SESSION H. R. 4909 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2016 

Received; read twice and placed on the calendar 

AN ACT 

To authorize appropriations for fiscal year 2017 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2017’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into five divi9 sions as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
2 

HR 4909 PCS

1 (1) Division A—Department of Defense Au2 thorizations. 

3 (2) Division B—Military Construction Author4 izations. 

5 (3) Division C—Department of Energy Na6 tional Security Authorizations and Other Authoriza7 tions. 

8 (4) Division D—Funding Tables. 

9 (5) Division E—Military Justice. 

10 (b) TABLE OF CONTENTS.—The table of contents for 

11 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters. 

Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black 

Hawk helicopters. 

Sec. 113. Assessment of certain capabilities of the Department of the Army. 

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

Subtitle C—Navy Programs 

Sec. 121. Procurement authority for aircraft carrier programs. 

Sec. 122. Sense of Congress on aircraft carrier procurement schedules. 

Sec. 123. Design and construction of LHA replacement ship designated LHA 

8. 

Sec. 124. Design and construction of replacement dock landing ship designated 

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

Sec. 125. Ship to shore connector program. 

Sec. 126. Limitation on availability of funds for Littoral Combat Ship or successor frigate. 

Sec. 127. Report on P–8 Poseidon aircraft. 


emcdonald on DSK3SPTVN1PROD with BILLS
3 

HR 4909 PCS

Subtitle D—Air Force Programs 

Sec. 131. Elimination of annual report on aircraft inventory. 

Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft. 

Sec. 133. Repeal of requirement to preserve certain retired F–117 aircraft. 

Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft. 

Sec. 135. Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System aircraft. 

Sec. 136. Report on cost of B–21 aircraft. 

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

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 141. Termination of quarterly reporting on use of combat mission requirements funds. 

Sec. 142. Fire suppressant and fuel containment standards for certain vehicles. 

Sec. 143. Report on Department of Defense munitions strategy for the combatant commands. 

Sec. 144. Comptroller General review of F–35 Lightning II aircraft 

sustainment support. 

Sec. 145. Briefing on acquisition strategy for Ground Mobility Vehicle. 

Sec. 146. Standardization of 5.56mm rifle ammunition. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Laboratory quality enhancement program. 

Sec. 212. Mechanisms to provide funds for defense laboratories for research 

and development of technologies for military missions. 

Sec. 213. Notification requirement for certain rapid prototyping, experimentation, and demonstration activities. 

Sec. 214. Improved biosafety for handling of select agents and toxins. 

Sec. 215. Modernization of security clearance information technology architecture. 

Sec. 216. Prohibition on availability of funds for countering weapons of mass 

destruction system Constellation. 

Sec. 217. Limitation on availability of funds for Defense Innovation Unit Experimental. 

Sec. 218. Limitation on availability of funds for Tactical Combat Training System Increment II. 

Sec. 219. Restructuring of the distributed common ground system of the Army. 

Sec. 220. Designation of Department of Defense senior official with principal 

responsibility for directed energy weapons. 

Subtitle C—Reports and Other Matters 

Sec. 231. Strategy for assured access to trusted microelectronics. 

Sec. 232. Pilot program on evaluation of commercial information technology. 

Sec. 233. Pilot program for the enhancement of the laboratories and test and 

evaluation centers of the Department of Defense. 

Sec. 234. Pilot program on modernization of electromagnetic spectrum warfare 

systems and electronic warfare systems. 


emcdonald on DSK3SPTVN1PROD with BILLS
4 

HR 4909 PCS

Sec. 235. Independent review of F/A–18 physiological episodes and corrective 

actions. 

Sec. 236. Study on helicopter crash prevention and mitigation technology. 

Sec. 237. Report on electronic warfare capabilities. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Sec. 302. Increase in funding for civil military programs. 

Subtitle B—Energy and Environment 

Sec. 311. Rule of construction regarding alternative fuel procurement requirement. 

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

Sec. 313. Alternative technologies for munitions disposal. 

Sec. 314. Sense of Congress. 

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

change. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Pilot program for inclusion of certain industrial plants in the Armament Retooling and Manufacturing Support Initiative. 

Sec. 322. Private sector port loading assessment. 

Sec. 323. Limitation on availability of funds for Defense Contract Management 

Agency. 

Subtitle D—Reports 

Sec. 331. Modification of annual Department of Defense energy management 

reports. 

Sec. 332. Report on equipment purchased from foreign entities and authority 

to adjust Army arsenal labor rates. 

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

Subtitle E—Other Matters 

Sec. 341. Explosive Ordnance Disposal Corps. 

Sec. 342. Explosive ordnance disposal program. 

Sec. 343. Expansion of definition of structures interfering with air commerce 

and national defense. 

Sec. 344. Development of personal protective equipment for female Marines and 

soldiers. 

Sec. 345. Study on space-available travel system of the Department of Defense. 

Sec. 346. Supply of specialty motors from certain manufacturers. 

Sec. 347. Limitation on use of certain funds until establishment and implementation of required process by which members of the Armed 

Forces may carry appropriate firearms on military installations. 

Sec. 348. Motor carrier safety performance and safety technology. 

Sec. 349. Briefing on well-drilling capabilities of active duty and reserve components. 

Sec. 350. Access to wireless high-speed Internet and network connections for 

certain members of the Armed Forces deployed overseas. 

Sec. 351. System for communicating availability of surplus ammunition. 


emcdonald on DSK3SPTVN1PROD with BILLS
5 

HR 4909 PCS

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for reserves on active duty in support of the reserves. 

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

Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Sec. 416. Sense of Congress on full-time support for the Army National Guard. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Number of Marine Corps general officers. 

Sec. 502. Equal consideration of officers for early retirement or discharge. 

Sec. 503. Modification of authority to drop from rolls a commissioned officer. 

Subtitle B—Reserve Component Management 

Sec. 511. Extension of removal of restrictions on the transfer of officers between the active and inactive National Guard. 

Sec. 512. Extension of temporary authority to use Air Force reserve component 

personnel to provide training and instruction regarding pilot 

training. 

Sec. 513. Limitations on ordering Selected Reserve to active duty for 

preplanned missions in support of the combatant commands. 

Sec. 514. Exemption of military technicians (dual status) from civilian employee furloughs. 

Sec. 515. Electronic tracking of operational active-duty service performed by 

members of the Ready Reserve of the Armed Forces. 

Subtitle C—General Service Authorities 

Sec. 521. Technical correction to annual authorization for personnel strengths. 

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

Sec. 523. Revision of deployability rating system and planning reform. 

Sec. 524. Expansion of authority to execute certain military instruments. 

Sec. 525. Technical correction to voluntary separation pay and benefits. 

Sec. 526. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief 

Act. 

Sec. 527. Pilot program on consolidated Army recruiting. 

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

Selective Service Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
6 

HR 4909 PCS

Sec. 529. Parental leave for members of the Armed Forces. 

Subtitle D—Military Justice, Including Sexual Assault and Domestic Violence 

Prevention and Response 

Sec. 541. Expedited reporting of child abuse and neglect to State Child Protective Services. 

Sec. 542. Extension of the requirement for annual report regarding sexual assaults and coordination with release of family advocacy report. 

Sec. 543. Requirement for annual family advocacy program report regarding 

child abuse and domestic violence. 

Sec. 544. Improved Department of Defense prevention of and response to hazing in the Armed Forces. 

Sec. 545. Burdens of proof applicable to investigations and reviews related to 

protected communications of members of the Armed Forces 

and prohibited retaliatory actions. 

Sec. 546. Improved investigation of allegations of professional retaliation. 

Sec. 547. Career military justice litigation track for judge advocates. 

Subtitle E—Member Education, Training, and Transition 

Sec. 561. Revision to quality assurance of certification programs and standards. 

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

Sec. 563. Military-to-mariner transition. 

Sec. 564. Employment authority for civilian faculty at certain military department schools. 

Sec. 565. Revision of name on military service record to reflect change in name 

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

after separation from the Armed Forces. 

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

and Reserve. 

Sec. 567. Prohibition on establishment, maintenance, or support of Senior Reserve Officers’ Training Corps units at educational institutions 

that display Confederate battle flag. 

Sec. 568. Report on composition of service academies. 

Sec. 569. Inclusion of alcohol, prescription drug, opioid, and other substance 

abuse counseling as part of required preseparation counseling. 

Sec. 569A. Inclusion of information in Transition Assistance Program. 

Sec. 569B. Report and guidance regarding Job Training, Employment Skills 

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

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

academies. 

Subtitle F—Defense Dependents’ Education and Military Family Readiness 

Matters 

Sec. 571. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 572. Support for programs providing camp experience for children of military families. 

Sec. 573. Impact Aid. 


emcdonald on DSK3SPTVN1PROD with BILLS
7 

HR 4909 PCS

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

Subtitle G—Decorations and Awards 

Sec. 581. Review regarding award of Medal of Honor to certain Asian American and Native American Pacific Islander war veterans. 

Sec. 582. Authorization for award of medals for acts of valor. 

Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose for 

acts of valor during the Vietnam War. 

Sec. 584. Authorization for award of the Medal of Honor to Charles S. Kettles 

for acts of valor during the Vietnam War. 

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

II. 

Subtitle H—Miscellaneous Reports and Other Matters 

Sec. 591. Burial of cremated remains in Arlington National Cemetery of certain 

persons whose service is deemed to be active service. 

Sec. 592. Representation from members of the Armed Forces on boards, councils, and committees making recommendations relating to military personnel issues. 

Sec. 593. Body mass index test. 

Sec. 594. Preseparation counseling regarding options for donating brain tissue 

at time of death for research. 

Sec. 595. Recognition of the expanded service opportunities available to female 

members of the Armed Forces and the long service of women 

in the Armed Forces. 

Sec. 596. Sense of Congress regarding plight of male victims of military sexual 

trauma. 

Sec. 597. Sense of Congress regarding section 504 of title 10, United States 

Code, on existing authority of the Department of Defense to 

enlist individuals, not otherwise eligible for enlistment, whose 

enlistment is vital to the national interest. 

Sec. 598. Protection of Second Amendment Rights of Military Families. 

Sec. 599. Pilot program on advanced technology for alcohol abuse prevention. 

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

military service. 

Sec. 599B. Atomic veterans service medal. 

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

borrowers. 

Sec. 599D. Exclusion of certain reimbursements of medical expenses and other 

payments from determination of annual income with respect to 

pensions for veterans and surviving spouses and children of 

veterans. 

Sec. 599E. Sense of Congress on desirability of service-wide adoption of Gold 

Star Installation Access Card. 

Sec. 599F. Servicemembers’ Group Life Insurance. 

Sec. 599G. Extension of suicide prevention and resilience program. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Annual adjustment of monthly basic pay. 


emcdonald on DSK3SPTVN1PROD with BILLS
8 

HR 4909 PCS

Sec. 602. Extension of authority to provide temporary increase in rates of basic 

allowance for housing under certain circumstances. 

Sec. 603. Prohibition on per diem allowance reductions based on the duration 

of temporary duty assignment or civilian travel . 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 

37 bonuses and special pays. 

Sec. 616. Increase in maximum amount of aviation special pays for flying duty. 

Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, 

and bonus authorities. 

Sec. 618. Technical and clerical amendments relating to 2008 consolidation of 

certain special pay authorities. 

Sec. 619. Combat-related special compensation coordinating amendment. 

Subtitle C—Disability, Retired Pay, and Survivor Benefits 

Sec. 621. Separation determinations for members participating in Thrift Savings Plan. 

Sec. 622. Continuation pay for full Thrift Savings Plan members who have 

completed 8 to 12 years of service. 

Sec. 623. Special survivor indemnity allowance. 

Sec. 624. Equal benefits under Survivor Benefit Plan for survivors of reserve 

component members who die in the line of duty during inactive-duty training. 

Sec. 625. Use of member’s current pay grade and years of service, rather than 

final retirement pay grade and years of service, in a division 

of property involving disposable retired pay. 

Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 631. Protection and enhancement of access to and savings at commissaries 

and exchanges. 

Sec. 632. Acceptance of Military Star Card at commissaries. 

Subtitle E—Travel and Transportation Allowances and Other Matters 

Sec. 641. Maximum reimbursement amount for travel expenses of members of 

the Reserves attending inactive duty training outside of normal 

commuting distances. 

Sec. 642. Statute of limitations on Department of Defense recovery of amounts 

owed to the United States by members of the uniformed services, including retired and former members. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Reform of TRICARE and Military Health System 


emcdonald on DSK3SPTVN1PROD with BILLS
9 

HR 4909 PCS

Sec. 701. TRICARE Preferred and other TRICARE reform. 

Sec. 702. Reform of administration of the Defense Health Agency and military 

medical treatment facilities. 

Sec. 703. Military medical treatment facilities. 

Sec. 704. Access to urgent care under TRICARE program. 

Sec. 705. Access to primary care clinics at military medical treatment facilities. 

Sec. 706. Incentives for value-based health under TRICARE program. 

Sec. 707. Improvements to military-civilian partnerships to increase access to 

health care and readiness. 

Sec. 708. Joint Trauma System. 

Sec. 709. Joint Trauma Education and Training Directorate. 

Sec. 710. Improvements to access to health care in military medical treatment 

facilities. 

Sec. 711. Adoption of core quality performance metrics. 

Sec. 712. Study on improving continuity of health care coverage for Reserve 

Components. 

Subtitle B—Other Health Care Benefits 

Sec. 721. Provision of hearing aids to dependents of retired members. 

Sec. 722. Extended TRICARE program coverage for certain members of the 

National Guard and dependents during certain disaster response duty. 

Subtitle C—Health Care Administration 

Sec. 731. Prospective payment of funds necessary to provide medical care for 

the Coast Guard. 

Sec. 732. Requirement to review and monitor prescribing practices at military 

treatment facilities of pharmaceutical agents for treatment of 

post-traumatic stress. 

Sec. 733. Use of mefloquine for malaria. 

Sec. 734. Applied behavior analysis. 

Subtitle D—Reports and Other Matters 

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

risk of suicide. 

Sec. 742. Research of chronic traumatic encephalopathy. 

Sec. 743. Active oscillating negative pressure treatment. 

Sec. 744. Long-term study on health of helicopter and tiltrotor pilots. 

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

TRICARE pharmacy benefits program. 

Sec. 746. Study on display of wait times at urgent care clinics, pharmacies, and 

emergency rooms of military medical treatment facilities. 

Sec. 747. Report on feasibility of including acupuncture and chiropractic services for retirees under TRICARE program. 

Sec. 748. Clarification of submission of reports on longitudinal study on traumatic brain injury. 

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

cancer. 

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

medications. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 


emcdonald on DSK3SPTVN1PROD with BILLS
10 

HR 4909 PCS

Subtitle A—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 801. Revision to authorities relating to Department of Defense Test Resource Management Center. 

Sec. 802. Amendments to restrictions on undefinitized contractual actions. 

Sec. 803. Revision to requirements relating to inventory method for Department of Defense contracts for services. 

Sec. 804. Procurement of personal protective equipment. 

Sec. 805. Revision to effective date of senior executive benchmark compensation 

for allowable cost limitations. 

Sec. 806. Amendments related to detection and avoidance of counterfeit electronic parts. 

Sec. 807. Amendments to special emergency procurement authority. 

Sec. 808. Compliance with domestic source requirements for footwear furnished 

to enlisted members of the Armed Forces upon their initial 

entry into the Armed Forces. 

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

services. 

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

contract services. 

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

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Change in date of submission to Congress of Selected Acquisition Reports. 

Sec. 812. Amendments relating to independent cost estimation and cost analysis. 

Sec. 813. Revisions to Milestone B determinations. 

Sec. 814. Review and report on sustainment planning in the acquisition process. 

Sec. 815. Revision to distribution of annual report on operational test and evaluation. 

Subtitle C—Provisions Relating to Commercial Items 

Sec. 821. Revision to definition of commercial item. 

Sec. 822. Market research for determination of price reasonableness in acquisition of commercial items. 

Sec. 823. Value analysis for the determination of price reasonableness. 

Sec. 824. Clarification of requirements relating to commercial item determinations. 

Sec. 825. Pilot program for authority to acquire innovative commercial items 

using general solicitation competitive procedures. 

Subtitle D—Other Matters 

Sec. 831. Review and report on the bid protest process. 

Sec. 832. Review and report on indefinite delivery contracts. 

Sec. 833. Review and report on contractual flow-down provisions. 

Sec. 834. Review of anti-competitive specifications in information technology acquisitions. 

Sec. 835. Coast Guard major acquisition programs. 

Sec. 836. Waiver of congressional notification for acquisition of tactical missiles 

and munitions greater than quantity specified in law. 


emcdonald on DSK3SPTVN1PROD with BILLS
11 

HR 4909 PCS

Sec. 837. Closeout of old Department of the Navy contracts. 

Sec. 838. Requirement that certain ship components be manufactured in the 

national technology and industrial base. 

Sec. 839. Department of Defense Acquisition Workforce Development Fund determination adjustment. 

Sec. 840. Amendment to prohibition on performance of non-defense audits by 

Defense Contract Audit Agency to exempt audits for National 

Nuclear Security Administration. 

Sec. 841. Selection of service providers for auditing services and audit readiness 

services. 

Sec. 842. Modifications to the justification and approval process for certain 

sole-source contracts for small business concerns. 

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

Sec. 844. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of 

certain functions to contractor performance. 

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

Congress. 

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

Sec. 847. Promotion of value-based defense procurement. 

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

women-owned businesses. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Goldwater-Nichols Reform 

Sec. 901. Sense of Congress on Goldwater-Nichols Reform. 

Sec. 902. Repeal of Defense Strategy Review. 

Sec. 903. Commission on the National Defense Strategy for the United States. 

Sec. 904. Reform of defense strategic and policy guidance. 

Sec. 905. Reform of the national military strategy. 

Sec. 906. Modification to independent study of national security strategy formulation process. 

Sec. 907. Term of office for the Chairman of the Joint Chiefs of Staff. 

Sec. 908. Responsibilities of the Chairman of the Joint Chiefs of Staff relating 

to operations. 

Sec. 909. Assigned forces within the continental United States. 

Sec. 910. Reduction in general officer and flag officer grades and positions. 

Sec. 911. Establishment of unified combatant command for cyber operations. 

Sec. 912. Revision of requirements relating to length of joint duty assignments. 

Sec. 913. Revision of definitions used for joint officer management. 

Sec. 914. Independent assessment of combatant command structure. 

Subtitle B—Other Matters 

Sec. 921. Modifications to corrosion report. 

Sec. 922. Authority to employ civilian faculty members at Joint Special Operations University. 

Sec. 923. Guidelines for conversion of functions performed by civilian or contractor personnel to performance by military personnel. 

Sec. 924. Public release by Inspectors General of reports of misconduct. 


emcdonald on DSK3SPTVN1PROD with BILLS
12 

HR 4909 PCS

Sec. 925. Modifications to requirements for accounting for members of the 

Armed Forces and Department of Defense civilian employees 

listed as missing. 

Sec. 926. Reform of National Security Council. 

Subtitle C—Department of the Navy and Marine Corps 

Sec. 931. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 932. Conforming amendments to title 10, United States Code. 

Sec. 933. Other provisions of law and other references. 

Sec. 934. Effective date. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Requirement to transfer funds from Department of Defense Acquisition Workforce Development Fund to the Treasury. 

Sec. 1003. Report on auditable financial statements. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Extension of authority to provide additional support for counterdrug activities of foreign governments. 

Sec. 1012. Secretary of Defense review of curricula and program structures of 

National Guard counterdrug schools. 

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

Sec. 1014. Unmanned aerial systems training missions. 

Sec. 1015. Funding for counter narcotics operations. 

Sec. 1016. Report on efforts of United States Southern Command Operation to 

detect and monitor drug trafficking. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Definition of short-term work with respect to overhaul, repair, or 

maintenance of naval vessels. 

Sec. 1022. Warranty requirements for shipbuilding contracts. 

Sec. 1023. National Sea-Based Deterrence Fund. 

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderogaclass cruisers or dock landing ships. 

Sec. 1025. Restrictions on the overhaul and repair of vessels in foreign shipyards. 

Subtitle D—Counterterrorism 

Sec. 1031. Frequency of counterterrorism operations briefings. 

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba 

to the United States. 

Sec. 1033. Prohibition on use of funds to construct or modify facilities in the 

United States to house detainees transferred from United 

States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1034. Prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, 

Guantanamo Bay, Cuba. 


emcdonald on DSK3SPTVN1PROD with BILLS
13 

HR 4909 PCS

Sec. 1035. Prohibition on use of funds for realignment of forces at or closure 

of United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1036. Modification of congressional notification of sensitive military operations. 

Sec. 1037. Comprehensive strategy for detention of certain individuals. 

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

Bay, Cuba. 

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

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Expanded authority for transportation by the Department of Defense of non-Department of Defense personnel and cargo. 

Sec. 1042. Limitation on retirement, deactivation, or decommissioning of mine 

countermeasures ships. 

Sec. 1043. Extension of authority of Secretary of Transportation to issue nonpremium aviation insurance. 

Sec. 1044. Evaluation of Navy alternate combination cover and unisex combination cover. 

Sec. 1045. Protection of certain Federal spectrum operations. 

Sec. 1046. Transportation on military aircraft on a space-available basis for 

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

Sec. 1047. National Guard flyovers of public events. 

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

Sec. 1049. Requirement relating to transfer of excess Department of Defense 

equipment to Federal and State agencies. 

Subtitle F—Studies and Reports 

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

requirements. 

Sec. 1062. Matters for inclusion in report on designation of countries for which 

rewards may be paid under Department of Defense rewards 

program. 

Sec. 1063. Congressional notification of biological select agent and toxin theft, 

loss, or release involving the Department of Defense. 

Sec. 1064. Report on service-provided support to United States special operations forces. 

Sec. 1065. Report on citizen security responsibilities in the Northern Triangle 

of Central America. 

Sec. 1066. Report on counterproliferation activities and programs. 

Sec. 1067. Inclusion of ballistic missile defense information in annual report on 

requirements of combatant commands. 

Sec. 1068. Reviews by Department of Defense concerning national security use 

of spectrum. 

Sec. 1069. Annual report on personnel, training, and equipment requirements 

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

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


emcdonald on DSK3SPTVN1PROD with BILLS
14 

HR 4909 PCS

Sec. 1071. Report on testing and integration of minehunting sonar systems to 

improve Littoral Combat Ship minehunting capabilities. 

Sec. 1072. Report on carrier air wing force structure. 

Sec. 1073. Quarterly reports on parachute jumps conducted at Fort Bragg and 

Pope Army Airfield and Air Force support for such jumps. 

Sec. 1074. Briefing on real property inventory. 

Sec. 1075. Report on adjustment and diversification assistance. 

Sec. 1076. Briefing on the protection of personally identifying information of 

members of the Armed Forces. 

Subtitle G—Other Matters 

Sec. 1081. Technical and clerical amendments. 

Sec. 1082. Modification to support for non-Federal development and testing of 

material for chemical agent defense. 

Sec. 1083. Increase in maximum amount available for equipment, services, and 

supplies provided for humanitarian demining assistance. 

Sec. 1084. Liquidation of unpaid credits accrued as a result of transactions 

under a cross-servicing agreement. 

Sec. 1085. Clarification of contracts covered by airlift service provision. 

Sec. 1086. National biodefense strategy. 

Sec. 1087. Global Cultural Knowledge Network. 

Sec. 1088. Modification of requirements relating to management of military 

technicians. 

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

Sec. 1090. LNG permitting certainty and transparency. 

Sec. 1091. Sense of Congress regarding the reporting of the MV–22 mishap in 

Marana, Arizona, on April 8, 2000. 

Sec. 1092. Transfer of surplus firearms to corporation for the promotion of 

rifle practice and firearms safety. 

Sec. 1093. Sense of Congress regarding the importance of Panama City, Florida, to the history and future of the armed forces. 

Sec. 1094. Protections relating to civil rights and disabilities. 

Sec. 1095. Nonapplicability of certain executive order to Department of Defense and National Nuclear Security Administration. 

Sec. 1096. Determination and disclosure of transportation costs incurred by 

Secretary of Defense for congressional trips outside the United 

States. 

Sec. 1097. Waiver of certain polygraph examination requirements. 

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

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

landmine munitions. 

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

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

Sec. 1098D. Study on military helicopter noise. 

Sec. 1098E. Maritime Occupational Safety and Health Advisory Committee. 

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

preparedness. 

Sec. 1098G. Cost of Wars. 

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

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

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


emcdonald on DSK3SPTVN1PROD with BILLS
15 

HR 4909 PCS

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

Sec. 1098L. Project management. 

Subtitle H—United States Naval Station Guantanamo Bay Preservation Act 

Sec. 1099. Short title. 

Sec. 1099A. Findings. 

Sec. 1099B. Prohibition on modification, abrogation, or other related actions 

with respect to United States jurisdiction and control over 

United States Naval Station, Guantanamo Bay, Cuba, without 

congressional action. 

Sec. 1099C. Guantanamo lease agreements defined. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Temporary direct hire authority for domestic defense industrial base 

facilities and the Major Range and Test Facilities Base. 

Sec. 1102. Temporary personnel flexibilities for domestic defense industrial 

base facilities and Major Range and Test Facilities Base civilian personnel. 

Sec. 1103. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a 

combat zone. 

Sec. 1104. Advance payments for employees relocating within the United States 

and its territories. 

Sec. 1105. Permanent authority for alternative personnel program for scientific 

and technical personnel. 

Sec. 1106. Modification to information technology personnel exchange program. 

Sec. 1107. Treatment of certain localities for calculation of per diem allowances. 

Sec. 1108. Eligibility of employees in a time-limited appointment to compete for 

a permanent appointment at any Federal agency. 

Sec. 1109. Limitation on administrative leave. 

Sec. 1110. Record of investigation of personnel action in separated employee’s 

official personnel file. 

Sec. 1111. Review of official personnel file of former Federal employees before 

rehiring. 

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

contractors. 

Sec. 1113. Public-private talent exchange. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of logistical support for coalition forces supporting certain United States military operations. 

Sec. 1202. Extension of authority for training of general purpose forces of the 

United States Armed Forces with military and other security 

forces of friendly foreign countries. 

Sec. 1203. Modification and extension of authority to conduct activities to enhance the capability of foreign countries to respond to incidents 

involving weapons of mass destruction. 

Sec. 1204. Extension of authority for support of special operations to combat 

terrorism. 


emcdonald on DSK3SPTVN1PROD with BILLS
16 

HR 4909 PCS

Sec. 1205. Modification and codification of reporting requirements relating to 

security cooperation authorities. 

Sec. 1206. Independent assessment of Department of Defense security cooperation programs. 

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

Sec. 1208. Report on the prohibition on use of funds for assistance to units of 

foreign security forces that have committed a gross violation of 

human rights. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension and modification of Commanders’ Emergency Response 

Program. 

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

military operations. 

Sec. 1213. Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan. 

Sec. 1214. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. 

Sec. 1215. Sense of Congress on United States policy and strategy in Afghanistan. 

Sec. 1216. Special immigrant status for certain Afghans. 

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

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

Sec. 1219. Report on access to financial records of the Government of Afghanistan to audit the use of funds for assistance for Afghanistan. 

Subtitle C—Matters Relating to Syria and Iraq 

Sec. 1221. Modification and extension of authority to provide assistance to the 

vetted Syrian opposition. 

Sec. 1222. Modification and extension of authority to provide assistance to 

counter the Islamic State of Iraq and the Levant. 

Sec. 1223. Extension and modification of authority to support operations and 

activities of the Office of Security Cooperation in Iraq. 

Sec. 1224. Report on prevention of future terrorist organizations in Iraq and 

Syria. 

Sec. 1225. Semiannual report on integration of political and military strategies 

against ISIL. 

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

Sec. 1227. United Nations processing center in Erbil, Iraqi Kurdistan, to assist 

internationally-displaced communities. 

Sec. 1228. Sense of Congress on business practices of the Islamic State of Iraq 

and Syria (ISIS). 

Sec. 1229. Prohibition on transfer of man-portable air defense systems to any 

entity in Syria. 

Subtitle D—Matters Relating to the Russian Federation 


emcdonald on DSK3SPTVN1PROD with BILLS
17 

HR 4909 PCS

Sec. 1231. Limitation on use of funds to approve or otherwise permit approval 

of certain requests by Russian Federation under Open Skies 

Treaty. 

Sec. 1232. Military response options to Russian Federation violation of INF 

Treaty. 

Sec. 1233. Limitation on military cooperation between the United States and 

the Russian Federation. 

Sec. 1234. Statement of policy on United States efforts in Europe to reassure 

United States partners and allies and deter aggression by the 

Government of the Russian Federation. 

Sec. 1235. Modification of Ukraine security assistance initiative. 

Sec. 1236. Prohibition on availability of funds relating to sovereignty of the 

Russian Federation over Crimea. 

Sec. 1237. Modification and extension of report on military assistance to 

Ukraine. 

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

Subtitle E—Other Matters 

Sec. 1241. Sense of Congress on malign activities of the Government of Iran. 

Sec. 1242. Modification of annual report on military and security developments 

involving the People’s Republic of China. 

Sec. 1243. Sense of Congress on trilateral cooperation between Japan, South 

Korea, and the United States. 

Sec. 1244. Sense of Congress on cooperation between Singapore and the United 

States. 

Sec. 1245. Monitoring and evaluation of overseas humanitarian, disaster, and 

civic aid programs of the Department of Defense. 

Sec. 1246. Enhancement of interagency support during contingency operations 

and transition periods. 

Sec. 1247. Two-year extension and modification of authorization of non-conventional assisted recovery capabilities. 

Sec. 1248. Authority to destroy certain specified World War II-era United 

States-origin chemical munitions located on San Jose Island, 

Republic of Panama. 

Sec. 1249. Strategy for United States defense interests in Africa. 

Sec. 1250. United States-Israel directed energy cooperation. 

Sec. 1251. Sense of Congress on support for Estonia, Latvia, and Lithuania. 

Sec. 1252. Sense of Congress on support for Georgia. 

Sec. 1253. Modification of annual report on military power of Iran. 

Sec. 1254. Sense of Congress on senior military exchanges between the United 

States and Taiwan. 

Sec. 1255. Quarterly report on freedom of navigation operations. 

Sec. 1256. Annual report on foreign military sales to Taiwan. 

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

Sec. 1258. Report on violence and cartel activity in Mexico. 

Sec. 1259. United States policy on Taiwan. 

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

Treaty. 

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

States and Cuba. 

Sec. 1259C. Global Engagement Center. 

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


emcdonald on DSK3SPTVN1PROD with BILLS
18 

HR 4909 PCS

Sec. 1259E. United States International Broadcasting Act of 1994. 

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

Sec. 1259G. Opportunities to equip certain foreign military entities. 

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

Sec. 1259I. Sense of Congress regarding the role of the United States in the 

North Atlantic Treaty Organization. 

Sec. 1259J. Authorization of United States assistance to Israel. 

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

Sec. 1259L. Measures against persons involved in activities that violate arms 

control treaties or agreements with the United States. 

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

the Russian Federation. 

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

Sec. 1259O. Report on use by the Government of Iran of commercial aircraft 

and related services for illicit military or other activities. 

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

at RIMPAC exercises. 

Sec. 1259Q. Agreements with foreign governments to develop land-based water 

resources in support of and in preparation for contingency operations. 

Sec. 1259R. Extension of reporting requirements on the use of certain Iranian 

seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers. 

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

Sec. 1259T. Sense of Congress on integrated ballistic missile defense system for 

GCC partner countries, Jordan, Egypt, and Israel. 

Sec. 1259U. Authority to provide assistance and training to increase maritime 

security and domain awareness of foreign countries bordering 

the Persian Gulf, Arabian Sea, or Mediterranean Sea. 

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

United States. 

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

Chad Basin. 

Subtitle F—Codification and Consolidation of Department of Defense Security 

Cooperation Authorities 

Sec. 1261. Enactment of new chapter for Department of Defense security cooperation authorities and transfer of certain authorities to new 

chapter. 

Sec. 1262. Enhancing defense and security cooperation with India. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction 

in People’s Republic of China. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 


emcdonald on DSK3SPTVN1PROD with BILLS
19 

HR 4909 PCS

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Sec. 1407. National Sea-Based Deterrence Fund. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile. 

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

Subtitle C—Other Matters 

Sec. 1421. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1422. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose and treatment of certain authorizations of appropriations. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1508. Defense Inspector General. 

Sec. 1509. Defense Health program. 

Sec. 1510. Counterterrorism Partnerships Fund. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Sec. 1523. Codification of Office of Management and Budget criteria. 

Subtitle C—Limitations, Reports, and Other Matters 

Sec. 1531. Afghanistan Security Forces Fund. 

Sec. 1532. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1533. Extension of authority to use Joint Improvised Explosive Device Defeat Fund for training of foreign security forces to defeat improvised explosive devices. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Rocket propulsion system to replace RD–180. 


emcdonald on DSK3SPTVN1PROD with BILLS
20 

HR 4909 PCS

Sec. 1602. Exception to the prohibition on contracting with Russian suppliers 

of rocket engines for the evolved expendable launch vehicle program. 

Sec. 1603. Analysis of alternatives for wide-band communications. 

Sec. 1604. Modification to pilot program for acquisition of commercial satellite 

communication services. 

Sec. 1605. Space-based environmental monitoring. 

Sec. 1606. Prohibition on use of certain non-allied positioning, navigation, and 

timing systems. 

Sec. 1607. Limitation of availability of funds for the Joint Space Operations 

Center Mission System. 

Sec. 1608. Space-based infrared system and advanced extremely high frequency 

program. 

Sec. 1609. Plans on transfer of acquisition and funding authority of certain 

weather missions to National Reconnaissance Office. 

Sec. 1610. Pilot program on commercial weather data. 

Sec. 1611. Organization and management of national security space activities 

of the Department of Defense. 

Sec. 1612. Review of charter of Operationally Responsive Space Program Office. 

Sec. 1613. Backup and complementary positioning, navigation, and timing capabilities of Global Positioning System. 

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

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Limitation on availability of funds for intelligence management. 

Sec. 1622. Limitations on availability of funds for United States Central Command Intelligence Fusion Center. 

Sec. 1623. Limitation on availability of funds for Joint Intelligence Analysis 

Complex. 

Subtitle C—Cyberspace-Related Matters 

Sec. 1631. Special emergency procurement authority to facilitate the defense 

against or recovery from a cyber attack. 

Sec. 1632. Change in name of National Defense University’s Information Resources Management College to College of Information and 

Cyberspace. 

Sec. 1633. Requirement to enter into agreements relating to use of cyber opposition forces. 

Sec. 1634. Limitation on availability of funds for cryptographic systems and 

key management infrastructure. 

Sec. 1635. Pilot programs on direct commissions to cyber positions. 

Sec. 1636. Report on policies for responding to malicious cyber activities carried out against the United States or United States persons by 

foreign states or non-state actors. 

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

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

Sec. 1639. Requirement for Army National Guard strategy to incorporate cyber 

protection teams into Department of Defense cyber mission 

force. 


emcdonald on DSK3SPTVN1PROD with BILLS
21 

HR 4909 PCS

Subtitle D—Nuclear Forces 

Sec. 1641. Improvements to Council on Oversight of National Leadership Command, Control, and Communications System. 

Sec. 1642. Treatment of certain sensitive information by State and local governments. 

Sec. 1643. Procurement authority for certain parts of intercontinental ballistic 

missile fuzes. 

Sec. 1644. Prohibition on availability of funds for mobile variant of groundbased strategic deterrent missile. 

Sec. 1645. Limitation on availability of funds for extension of New START 

Treaty. 

Sec. 1646. Consolidation of nuclear command, control, and communications 

functions of the Air Force. 

Sec. 1647. Report on Russian and Chinese political and military leadership survivability, command and control, and continuity of government 

programs and activities. 

Sec. 1648. Sense of Congress on importance of independent nuclear deterrent 

of United Kingdom. 

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

Sec. 1649A. Matters related to intercontinental ballistic missiles. 

Subtitle E—Missile Defense Programs 

Sec. 1651. Extensions of prohibitions relating to missile defense information 

and systems. 

Sec. 1652. Review of the missile defeat policy and strategy of the United 

States. 

Sec. 1653. Iron dome short-range rocket defense system and Israeli cooperative 

missile defense program codevelopment and coproduction. 

Sec. 1654. Maximizing Aegis Ashore capability. 

Sec. 1655. Technical authority for integrated air and missile defense activities 

and programs. 

Sec. 1656. Development and research of non-terrestrial missile defense layer. 

Sec. 1657. Hypersonic boost glide vehicle defense. 

Sec. 1658. Limitation on availability of funds for Patriot lower tier air and missile defense capability of the Army. 

Sec. 1659. Limitation on availability of funds for conventional prompt global 

strike weapons system. 

Sec. 1660. Pilot program on loss of unclassified, controlled technical information. 

Sec. 1661. Review of Missile Defense Agency budget submissions for groundbased midcourse defense and evaluation of alternative groundbased interceptor deployments. 

Sec. 1662. Declaratory policy, concept of operations, and employment guidelines for left-of-launch capability. 

Sec. 1663. Procurement of medium-range discrimination radar to improve 

homeland missile defense. 

Sec. 1664. Semiannual notifications on missile defense tests and costs. 

Sec. 1665. National missile defense policy. 

Sec. 1666. Sense of Congress on initial operating capability of phase 2 of European Phased Adaptive Approach to missile defense. 

Subtitle F—Other Matters 


emcdonald on DSK3SPTVN1PROD with BILLS
22 

HR 4909 PCS

Sec. 1671. Protection of certain facilities and assets from unmanned aircraft. 

Sec. 1672. Improvement of coordination by Department of Defense of electromagnetic spectrum usage. 

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

System. 

TITLE XVII—DEPARTMENT OF DEFENSE ACQUISITION AGILITY 

Sec. 1701. Modular open system approach in development of major weapon systems. 

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

Sec. 1703. Cost, schedule, and performance of major defense acquisition programs. 

Sec. 1704. Transparency in major defense acquisition programs. 

Sec. 1705. Amendments relating to technical data rights. 

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS 

PROCUREMENT 

Subtitle A—Improving Transparency and Clarity for Small Businesses 

Sec. 1801. Plain language rewrite of requirements for small business procurements. 

Sec. 1802. Improving reporting on small business goals. 

Sec. 1803. Transparency in small business goals. 

Sec. 1804. Uniformity in procurement terminology. 

Subtitle B—Clarifying the Roles of Small Business Advocates 

Sec. 1811. Scope of review by procurement center representatives. 

Sec. 1812. Responsibilities of Commercial Market Representatives. 

Sec. 1813. Duties of the Office of Small and Disadvantaged Business Utilization. 

Sec. 1814. Improving contractor compliance. 

Sec. 1815. Responsibilities of Business Opportunity Specialists. 

Subtitle C—Strengthening Opportunities for Competition in Subcontracting 

Sec. 1821. Good faith in subcontracting. 

Sec. 1822. Pilot program to provide opportunities for qualified subcontractors 

to obtain past performance ratings. 

Subtitle D—Mentor-Protege Programs 

Sec. 1831. Amendments to the Mentor-Protege Program of the Department of 

Defense. 

Sec. 1832. Improving cooperation between the mentor-protege programs of the 

Small Business Administration and the Department of Defense. 

Subtitle E—Women’s Business Programs 

Sec. 1841. Office of Women’s Business Ownership. 

Sec. 1842. Women’s Business Center Program. 

Sec. 1843. Matching requirements under Women’s Business Center Program. 

Subtitle F—SCORE Program 


emcdonald on DSK3SPTVN1PROD with BILLS
23 

HR 4909 PCS

Sec. 1851. SCORE Reauthorization. 

Sec. 1852. SCORE program. 

Sec. 1853. Online component. 

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

Sec. 1855. Technical and conforming amendments. 

Subtitle G—Miscellaneous Provisions 

Sec. 1861. Improving education on small business regulations. 

Sec. 1862. Protecting task order competition. 

Sec. 1863. Improvements to size standards for small agricultural producers. 

Sec. 1864. Uniformity in service-disabled veteran definitions. 

Sec. 1865. Required reports pertaining to capital planning and investment control. 

Sec. 1866. Office of Hearings and Appeals. 

Sec. 1867. Issuance of guidance on small business matters. 

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

preparedness. 

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

centers. 

Sec. 1869A. Cybersecurity outreach for small business development centers. 

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

business development center cyber strategy. 

Sec. 1869C. Prohibition on additional funds. 

Subtitle H—Small Business Development Centers Improvements 

Sec. 1871. Short title. 

Sec. 1872. Use of authorized entrepreneurial development programs. 

Sec. 1873. Marketing of services. 

Sec. 1874. Data collection. 

Sec. 1875. Fees from private partnerships and cosponsorships. 

Sec. 1876. Equity for small business development centers. 

Sec. 1877. Confidentiality requirements. 

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

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Modification of authority to carry out certain fiscal year 2014 

project. 

Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects. 

Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 


emcdonald on DSK3SPTVN1PROD with BILLS
24 

HR 4909 PCS

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2014 

project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects. 

Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects. 

Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2016 

project. 

Sec. 2306. Extension of authorization of certain fiscal year 2013 project. 

Sec. 2307. Extension of authorization of certain fiscal year 2014 project. 

Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2014 

project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects. 

Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Modification of authority to carry out certain fiscal year 2014 

project. 


emcdonald on DSK3SPTVN1PROD with BILLS
25 

HR 4909 PCS

Sec. 2612. Modification of authority to carry out certain fiscal year 2015 

project. 

Sec. 2613. Modification of authority to carry out certain fiscal year 2016 

project. 

Sec. 2614. Extension of authorization of certain fiscal year 2013 project. 

Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. 

Sec. 2702. Prohibition on conducting additional Base Realignment and Closure 

(BRAC) round. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Sec. 2801. Modification of criteria for treatment of laboratory revitalization 

projects as minor military construction projects. 

Sec. 2802. Classification of facility conversion projects as repair projects. 

Sec. 2803. Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United 

States. 

Sec. 2804. Extension of temporary authority for acceptance and use of contributions for certain construction, maintenance, and repair 

projects mutually beneficial to the Department of Defense and 

Kuwait military forces. 

Sec. 2805. Notice and reporting requirements for energy conservation construction projects. 

Sec. 2806. Additional entities eligible for participation in defense laboratory 

modernization pilot program. 

Sec. 2807. Sense of Congress on maximizing number of veterans employed on 

military construction projects. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Congressional notification for in-kind contributions for overseas military construction projects. 

Sec. 2812. Prohibition on use of military installations to house unaccompanied 

alien children. 

Sec. 2813. Allotment of space and provision of services to WIC offices operating on military installations. 

Sec. 2814. Sense of Congress regarding need to consult with State and local 

officials prior to acquisitions of real property. 

Sec. 2815. Sense of Congress regarding inclusion of stormwater systems and 

components within the meaning of ‘‘wastewater system’’ under 

the Department of Defense authority for conveyance of utility 

systems. 

Sec. 2816. Assessment of public schools on Department of Defense installations. 

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

property located overseas. 

Subtitle C—Provision Related to Asia-Pacific Military Realignment 


emcdonald on DSK3SPTVN1PROD with BILLS
26 

HR 4909 PCS

Sec. 2821. Limited exceptions to restriction on development of public infrastructure in connection with realignment of Marine Corps 

forces in Asia-Pacific region. 

Subtitle D—Land Conveyances 

Sec. 2831. Land conveyances, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska. 

Sec. 2832. Land conveyance, Campion Air Force Radar Station, Galena, Alaska. 

Sec. 2833. Exchange of property interests, San Diego Unified Port District, 

California. 

Sec. 2834. Release of property interests retained in connection with land conveyance, Eglin Air Force Base, Florida. 

Sec. 2835. Land exchange, Fort Hood, Texas. 

Sec. 2836. Land conveyance, P-36 Warehouse, Colbern United States Army 

Reserve Center, Laredo, Texas. 

Sec. 2837. Land conveyance, St. George National Guard Armory, St. George, 

Utah. 

Sec. 2838. Release of restrictions, Richland Innovation Center, Richland, Washington. 

Sec. 2839. Modification of land conveyance, Rocky Mountain Arsenal National 

Wildlife Refuge. 

Sec. 2839A. Closure of St. Marys Airport. 

Sec. 2839B. Prohibition on transfer of administrative jurisdiction, portion of 

Organ Mountains Area, Fillmore Canyon, New Mexico. 

Subtitle E—Military Land Withdrawals 

Sec. 2841. Bureau of Land Management withdrawn military lands under Military Lands Withdrawal Act of 1999. 

Sec. 2842. Permanent withdrawal or transfer of administrative jurisdiction of 

public land, Naval Air Weapons Station China Lake, California. 

Subtitle F—Military Memorials, Monuments, and Museums 

Sec. 2851. Cyber Center for Education and Innovation–Home of the National 

Cryptologic Museum. 

Sec. 2852. Renaming site of the Dayton Aviation Heritage National Historical 

Park, Ohio. 

Sec. 2853. Support for military service memorials and museums highlighting 

role of women in the military. 

Sec. 2854. Petersburg National Battlefield boundary modification. 

Sec. 2855. Amendments to the National Historic Preservation Act. 

Sec. 2856. Recognition of the National Museum of World War II Aviation. 

Sec. 2857. Battleship preservation grant program. 

Subtitle G—Designations and Other Matters 

Sec. 2861. Designation of portion of Moffett Federal Airfield, California, as 

Moffett Air National Guard Base. 

Sec. 2862. Redesignation of Mike O’Callaghan Federal Medical Center. 

Sec. 2863. Transfer of certain items of the Omar Bradley Foundation to the 

descendants of General Omar Bradley. 

Sec. 2864. Protection and recovery of Greater Sage Grouse. 


emcdonald on DSK3SPTVN1PROD with BILLS
27 

HR 4909 PCS

Sec. 2865. Implementation of lesser prairie-chicken range-wide conservation 

plan and other conservation measures. 

Sec. 2866. Removal of endangered species status for American burying beetle. 

Sec. 2867. Report on documentation for acquisition of certain properties along 

Columbia River, Washington, by Corps of Engineers. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Sec. 2901. Authorized Navy construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition projects. 

Sec. 2903. Authorization of appropriations. 

TITLE XXX—UTAH TEST AND TRAINING RANGE ENCROACHMENT 

PREVENTION AND TEMPORARY CLOSURE AUTHORITIES 

Sec. 3001. Findings and definitions. 

Subtitle A—Utah Test and Training Range 

Sec. 3011. Management of BLM land. 

Sec. 3012. Temporary closures. 

Sec. 3013. Community resource group. 

Sec. 3014. Liability. 

Sec. 3015. Effects of subtitle. 

Subtitle B—Land Exchange 

Sec. 3021. Findings and purpose. 

Sec. 3022. Definitions. 

Sec. 3023. Exchange of Federal land and non-Federal land. 

Sec. 3024. Status and management of non-Federal land after exchange. 

Sec. 3025. Hazardous materials. 

Subtitle C—Highway Rights-of-way 

Sec. 3031. Recognition and transfer of certain highway rights-of-way. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Independent acquisition project reviews of capital assets acquisition 

projects. 

Sec. 3112. Research and development of advanced naval nuclear fuel system 

based on low-enriched uranium. 

Sec. 3113. Disposition of weapons-usable plutonium. 

Sec. 3114. Design basis threat. 


emcdonald on DSK3SPTVN1PROD with BILLS
28 

HR 4909 PCS

Sec. 3115. Prohibition on availability of funds for provision of certain assistance to Russian Federation. 

Sec. 3116. Limitation on availability of funds for Federal salaries and expenses. 

Sec. 3117. Limitation on availability of funds for defense environmental cleanup program direction. 

Sec. 3118. Limitation on availability of funds for acceleration of nuclear weapons dismantlement. 

Sec. 3119. Annual certification of shipments to Waste Isolation Pilot Plant. 

Sec. 3119A. Limitation on availability of funds for the Department of Energy. 

Sec. 3119B. Sense of Congress regarding accounting practices by laboratory 

operating contractors and plant or site managers of National 

Nuclear Security Administration facilities. 

Sec. 3119C. Protection of certain nuclear facilities from unmanned aircraft. 

Subtitle C—Plans and Reports 

Sec. 3121. Clarification of annual report and certification on status of security 

of atomic energy defense facilities. 

Sec. 3122. Annual report on service support contracts of the National Nuclear 

Security Administration. 

Sec. 3123. Repeal of certain reporting requirements. 

Sec. 3124. Independent assessment of technology development under defense 

environmental cleanup program. 

Sec. 3125. Updated plan for verification and monitoring of proliferation of nuclear weapons and fissile material. 

Sec. 3126. Briefing on the information-interchange of low-enriched uranium. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NUCLEAR ENERGY INNOVATION CAPABILITIES 

Sec. 3301. Short title. 

Sec. 3302. Nuclear energy. 

Sec. 3303. Nuclear energy research programs. 

Sec. 3304. Advanced fuel cycle initiative. 

Sec. 3305. University nuclear science and engineering support. 

Sec. 3306. Department of Energy civilian nuclear infrastructure and facilities. 

Sec. 3307. Security of nuclear facilities. 

Sec. 3308. High-performance computation and supportive research. 

Sec. 3309. Enabling nuclear energy innovation. 

Sec. 3310. Budget plan. 

Sec. 3311. Conforming amendments. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of the Maritime Administration. 

Sec. 3502. Authority to make pro rata annual payments under operating agreements for vessels participating in Maritime Security Fleet. 

Sec. 3503. Authority to extend certain age restrictions relating to vessels in the 

Maritime Security Fleet. 


emcdonald on DSK3SPTVN1PROD with BILLS
29 

HR 4909 PCS

Sec. 3504. Corrections to provisions enacted by Coast Guard Authorization 

Acts. 

Sec. 3505. Status of National Defense Reserve Fleet vessels. 

Sec. 3506. NDRF national security multi-mission vessel. 

Sec. 3507. United States Merchant Marine Academy. 

Sec. 3508. Use of National Defense Reserve Fleet scrapping proceeds. 

Sec. 3509. Floating dry docks. 

Sec. 3510. Expedited processing of applications for transportation security 

cards for separating members of the Armed Forces and veterans. 

Sec. 3511. Training under Transition Assistance Program on employment opportunities associated with transportation security cards. 

Sec. 3512. Application of law. 

TITLE XXXVI—BALLAST WATER 

Sec. 3601. Short title. 

Sec. 3602. Definitions. 

Sec. 3603. Regulation and enforcement. 

Sec. 3604. Uniform national standards and requirements for the regulation of 

discharges incidental to the normal operation of a vessel. 

Sec. 3605. Treatment technology certification. 

Sec. 3606. Exemptions. 

Sec. 3607. Alternative compliance program. 

Sec. 3608. Judicial review. 

Sec. 3609. Effect on State authority. 

Sec. 3610. Application with other statutes. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

Sec. 4103. Procurement for overseas contingency operations for base requirements. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency 

operations. 

Sec. 4203. Research, development, test, and evaluation for overseas contingency 

operations for base requirements. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

Sec. 4303. Operation and maintenance for overseas contingency operations for 

base requirements. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 


emcdonald on DSK3SPTVN1PROD with BILLS
30 

HR 4909 PCS

Sec. 4402. Military personnel for overseas contingency operations. 

Sec. 4403. Military personnel for overseas contingency operations for base requirements. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

Sec. 4503. Other authorizations for overseas contingency operations for base 

requirements. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

Sec. 4603. Military construction for overseas contingency operations for base 

requirements. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

DIVISION E—MILITARY JUSTICE 

Sec. 6000. Short title. 

TITLE LX—GENERAL PROVISIONS 

Sec. 6001. Definitions. 

Sec. 6002. Clarification of persons subject to UCMJ while on inactive-duty 

training. 

Sec. 6003. Staff judge advocate disqualification due to prior involvement in 

case. 

Sec. 6004. Conforming amendment relating to military magistrates. 

Sec. 6005. Rights of victim. 

TITLE LXI—APPREHENSION AND RESTRAINT 

Sec. 6101. Restraint of persons charged. 

Sec. 6102. Modification of prohibition of confinement of armed forces members 

with enemy prisoners and certain others. 

TITLE LXII—NON-JUDICIAL PUNISHMENT 

Sec. 6201. Modification of confinement as non-judicial punishment. 

TITLE LXIII—COURT-MARTIAL JURISDICTION 

Sec. 6301. Courts-martial classified. 

Sec. 6302. Jurisdiction of general courts-martial. 

Sec. 6303. Jurisdiction of special courts-martial. 

Sec. 6304. Summary court-martial as non-criminal forum. 

TITLE LXIV—COMPOSITION OF COURTS-MARTIAL 

Sec. 6401. Technical amendment relating to persons authorized to convene general courts-martial. 

Sec. 6402. Who may serve on courts-martial; detail of members. 


emcdonald on DSK3SPTVN1PROD with BILLS
31 

HR 4909 PCS

Sec. 6403. Number of court-martial members in capital cases. 

Sec. 6404. Detailing, qualifications, etc. of military judges. 

Sec. 6405. Qualifications of trial counsel and defense counsel. 

Sec. 6406. Assembly and impaneling of members; detail of new members and 

military judges. 

Sec. 6407. Military magistrates. 

TITLE LXV—PRE-TRIAL PROCEDURE 

Sec. 6501. Charges and specifications. 

Sec. 6502. Preliminary hearing required before referral to general court-martial. 

Sec. 6503. Disposition guidance. 

Sec. 6504. Advice to convening authority before referral for trial. 

Sec. 6505. Service of charges and commencement of trial. 

TITLE LXVI—TRIAL PROCEDURE 

Sec. 6601. Duties of assistant defense counsel. 

Sec. 6602. Sessions. 

Sec. 6603. Technical amendment relating to continuances. 

Sec. 6604. Conforming amendments relating to challenges. 

Sec. 6605. Statute of limitations. 

Sec. 6606. Former jeopardy. 

Sec. 6607. Pleas of the accused. 

Sec. 6608. Contempt. 

Sec. 6609. Depositions. 

Sec. 6610. Admissibility of sworn testimony by audiotape or videotape from 

records of courts of inquiry. 

Sec. 6611. Conforming amendment relating to defense of lack of mental responsibility. 

Sec. 6612. Voting and rulings. 

Sec. 6613. Votes required for conviction, sentencing, and other matters. 

Sec. 6614. Plea agreements. 

Sec. 6615. Record of trial. 

TITLE LXVII—SENTENCES 

Sec. 6701. Sentencing. 

Sec. 6701A. Minimum confinement period required for conviction of certain 

sex-related offenses committed by members of the Armed 

Forces. 

Sec. 6702. Effective date of sentences. 

Sec. 6703. Sentence of reduction in enlisted grade. 

TITLE LXVIII—POST-TRIAL PROCEDURE AND REVIEW OF 

COURTS-MARTIAL 

Sec. 6801. Post-trial processing in general and special courts-martial. 

Sec. 6802. Limited authority to act on sentence in specified post-trial circumstances. 

Sec. 6803. Post-trial actions in summary courts-martial and certain general 

and special courts-martial. 

Sec. 6804. Entry of judgment. 

Sec. 6805. Waiver of right to appeal and withdrawal of appeal. 

Sec. 6806. Appeal by the United States. 

Sec. 6807. Rehearings. 


emcdonald on DSK3SPTVN1PROD with BILLS
32 

HR 4909 PCS

Sec. 6808. Judge advocate review of finding of guilty in summary court-martial. 

Sec. 6809. Transmittal and review of records. 

Sec. 6810. Courts of criminal appeals. 

Sec. 6811. Review by court of appeals for the armed forces. 

Sec. 6812. Supreme Court review. 

Sec. 6813. Review by Judge Advocate General. 

Sec. 6814. Appellate defense counsel in death penalty cases. 

Sec. 6815. Authority for hearing on vacation of suspension of sentence to be 

conducted by qualified judge advocate. 

Sec. 6816. Extension of time for petition for new trial. 

Sec. 6817. Restoration. 

Sec. 6818. Leave requirements pending review of certain court-martial convictions. 

TITLE LXIX—PUNITIVE ARTICLES 

Sec. 6901. Reorganization of punitive articles. 

Sec. 6902. Conviction of offense charged, lesser included offenses, and attempts. 

Sec. 6903. Soliciting commission of offenses. 

Sec. 6904. Malingering. 

Sec. 6905. Breach of medical quarantine. 

Sec. 6906. Missing movement; jumping from vessel. 

Sec. 6907. Offenses against correctional custody and restriction. 

Sec. 6908. Disrespect toward superior commissioned officer; assault of superior 

commissioned officer. 

Sec. 6909. Willfully disobeying superior commissioned officer. 

Sec. 6910. Prohibited activities with military recruit or trainee by person in position of special trust. 

Sec. 6911. Offenses by sentinel or lookout. 

Sec. 6912. Disrespect toward sentinel or lookout. 

Sec. 6913. Release of prisoner without authority; drinking with prisoner. 

Sec. 6914. Penalty for acting as a spy. 

Sec. 6915. Public records offenses. 

Sec. 6916. False or unauthorized pass offenses. 

Sec. 6917. Impersonation offenses. 

Sec. 6918. Insignia offenses. 

Sec. 6919. False official statements; false swearing. 

Sec. 6920. Parole violation. 

Sec. 6921. Wrongful taking, opening, etc. of mail matter. 

Sec. 6922. Improper hazarding of vessel or aircraft. 

Sec. 6923. Leaving scene of vehicle accident. 

Sec. 6924. Drunkenness and other incapacitation offenses. 

Sec. 6925. Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel. 

Sec. 6926. Endangerment offenses. 

Sec. 6927. Communicating threats. 

Sec. 6928. Technical amendment relating to murder. 

Sec. 6929. Child endangerment. 

Sec. 6930. Deposit of obscene matter in the mail. 

Sec. 6931. Fraudulent use of credit cards, debit cards, and other access devices. 

Sec. 6932. False pretenses to obtain services. 

Sec. 6933. Robbery. 


emcdonald on DSK3SPTVN1PROD with BILLS
33 

HR 4909 PCS

Sec. 6934. Receiving stolen property. 

Sec. 6935. Offenses concerning government computers. 

Sec. 6936. Bribery. 

Sec. 6937. Graft. 

Sec. 6938. Kidnapping. 

Sec. 6939. Arson; burning property with intent to defraud. 

Sec. 6940. Assault. 

Sec. 6941. Burglary and unlawful entry. 

Sec. 6942. Stalking. 

Sec. 6943. Subornation of perjury. 

Sec. 6944. Obstructing justice. 

Sec. 6945. Misprision of serious offense. 

Sec. 6946. Wrongful refusal to testify. 

Sec. 6947. Prevention of authorized seizure of property. 

Sec. 6948. Wrongful interference with adverse administrative proceeding. 

Sec. 6949. Retaliation. 

Sec. 6950. Extraterritorial application of certain offenses. 

Sec. 6951. Table of sections. 

TITLE LXX—MISCELLANEOUS PROVISIONS 

Sec. 7001. Technical amendment relating to courts of inquiry. 

Sec. 7002. Technical amendment to article 136. 

Sec. 7003. Articles of Uniform Code of Military Justice to be explained to officers upon commissioning. 

Sec. 7004. Military justice case management; data collection and accessibility. 

Sec. 7005. Return of Certain Lands At Fort Wingate to The Original Inhabitants Act. 

TITLE LXXI—MILITARY JUSTICE REVIEW PANEL AND ANNUAL 

REPORTS 

Sec. 7101. Military justice review panel. 

Sec. 7102. Annual reports. 

TITLE LXXII—CONFORMING AMENDMENTS AND EFFECTIVE 

DATES 

Sec. 7201. Amendments to UCMJ subchapter tables of sections. 

Sec. 7202. Effective dates. 

TITLE LXXIII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 

Sec. 7301. Short title. 

Sec. 7302. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 7303. Guam World War II Claims Fund. 

Sec. 7304. Payments for Guam World War II claims. 

Sec. 7305. Adjudication. 

Sec. 7306. Grants program to memorialize the occupation of Guam during 

World War II. 

Sec. 7307. Authorization of appropriations. 


emcdonald on DSK3SPTVN1PROD with BILLS
34 

HR 4909 PCS

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 

4 101(a)(16) of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2017 for procurement for the Army, the Navy 

13 and the Marine Corps, the Air Force, and Defense-wide 

14 activities, as specified in the funding table in section 4101. 

15 Subtitle B—Army Programs 

16 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH– 

17 64E APACHE HELICOPTERS. 

18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

19 Subject to section 2306b of title 10, United States Code, 

20 the Secretary of the Army may enter into one or more 

21 multiyear contracts, beginning with the fiscal year 2017 

22 program year, for the procurement of AH–64E Apache 

23 helicopters. 

24 (b) CONDITION FOR OUT-YEAR CONTRACT PAY25 MENTS.—A contract entered into under subsection (a) 

26 shall provide that any obligation of the United States to 


emcdonald on DSK3SPTVN1PROD with BILLS
35 

HR 4909 PCS

1 make a payment under the contract for a fiscal year after 

2 fiscal year 2017 is subject to the availability of appropria3 tions for that purpose for such later fiscal year. 

4 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH– 

5 60M AND HH–60M BLACK HAWK HELI6 COPTERS. 

7 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

8 Subject to section 2306b of title 10, United States Code, 

9 the Secretary of the Army may enter into one or more 

10 multiyear contracts, beginning with the fiscal year 2017 

11 program year, for the procurement of UH–60M and HH– 

12 60M Black Hawk helicopters. 

13 (b) CONDITION FOR OUT-YEAR CONTRACT PAY14 MENTS.—A contract entered into under subsection (a) 

15 shall provide that any obligation of the United States to 

16 make a payment under the contract for a fiscal year after 

17 fiscal year 2017 is subject to the availability of appropria18 tions for that purpose for such later fiscal year. 

19 SEC. 113. ASSESSMENT OF CERTAIN CAPABILITIES OF THE 

20 DEPARTMENT OF THE ARMY. 

21 (a) ASSESSMENT.—The Secretary of Defense, in con22 sultation with the Secretary of the Army and the Chief 

23 of Staff of the Army, shall conduct an assessment of the 

24 following capabilities with respect to the Department of 

25 the Army: 


emcdonald on DSK3SPTVN1PROD with BILLS
36 

HR 4909 PCS

1 (1) The capacity of AH–64 Apache-equipped at2 tack reconnaissance battalions to meet future needs. 

3 (2) Air defense artillery capacity and respon4 siveness, including— 

5 (A) the capacity of short-range air defense 

6 artillery to address existing and emerging 

7 threats, including threats posed by unmanned 

8 aerial systems, cruise missiles, and manned air9 craft; and 

10 (B) the potential for commercial off-the11 shelf solutions. 

12 (3) Chemical, biological, radiological, and nu13 clear capabilities and modernization needs. 

14 (4) Field artillery capabilities, including— 

15 (A) modernization needs; 

16 (B) munitions inventory shortfalls; and 

17 (C) changes in doctrine and war plans con18 sistent with the Memorandum of the Secretary 

19 of Defense dated June 19, 2008, regarding the 

20 Department of Defense policy on cluster muni21 tions and unintended harm to civilians. 

22 (5) Fuel distribution and water purification ca23 pacity and responsiveness. 

24 (6) Watercraft and port-opening capabilities 

25 and responsiveness. 


emcdonald on DSK3SPTVN1PROD with BILLS
37 

HR 4909 PCS

1 (7) Transportation capacity and responsiveness, 

2 particularly with respect to the transportation of 

3 fuel, water, and cargo. 

4 (8) Military police capacity. 

5 (9) Tactical mobility and tactical wheeled vehi6 cle capacity, including heavy equipment prime mov7 ers. 

8 (b) REPORT.—Not later than April 1, 2017, the Sec9 retary of Defense shall submit to the congressional defense 

10 committees a report containing— 

11 (1) the assessment conducted under subsection 

12 (a); 

13 (2) recommendations for reducing or elimi14 nating shortfalls in responsiveness and capacity with 

15 respect to each of the capabilities described in such 

16 subsection; and 

17 (3) an estimate of the costs of implementing 

18 such recommendations. 

19 (c) FORM.—The report under subsection (b) shall be 

20 submitted in unclassified form, but may include a classi21 fied annex. 

22 SEC. 114. FUNDING FOR SURFACE-TO-AIR MISSILE SYSTEM. 

23 (a) INCREASE.—Notwithstanding the amounts set 

24 forth in the funding tables in division D, the amount au25 thorized to be appropriated for procurement, as specified 


emcdonald on DSK3SPTVN1PROD with BILLS
38 

HR 4909 PCS

1 in the corresponding funding table in section 4101, for 

2 missile procurement, Army, surface-to-air missile system, 

3 MSE missile (Line 002) is hereby increased by 

4 $82,400,000. 

5 (b) OFFSET.—Notwithstanding the amounts set forth 

6 in the funding tables in division D, the amount authorized 

7 to be appropriated for Department of Energy national se8 curity programs, as specified in the corresponding funding 

9 table in section 4701, for Defense Nuclear Nonprolifera10 tion, Defense Nuclear Nonproliferation Programs, De11 fense Nuclear Nonproliferation R&D, Material manage12 ment and minimization is hereby reduced by $82,400,000. 

13 Subtitle C—Navy Programs 

14 SEC. 121. PROCUREMENT AUTHORITY FOR AIRCRAFT CAR15 RIER PROGRAMS. 

16 (a) PROCUREMENT AUTHORITY IN SUPPORT OF CON17 STRUCTION OF FORD CLASS AIRCRAFT CARRIERS.— 

18 (1) AUTHORITY FOR ECONOMIC ORDER QUAN19 TITY.—The Secretary of the Navy may procure ma20 teriel and equipment in support of the construction 

21 of the Ford class aircraft carriers designated CVN– 

22 80 and CVN–81 in economic order quantities when 

23 cost savings are achievable. 

24 (2) LIABILITY.—Any contract entered into 

25 under paragraph (1) shall provide that any obligaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
39 

HR 4909 PCS

1 tion of the United States to make a payment under 

2 the contract is subject to the availability of appro3 priations for that purpose, and that total liability to 

4 the Government for termination of any contract en5 tered into shall be limited to the total amount of 

6 funding obligated at time of termination. 

7 (b) REFUELING AND COMPLEX OVERHAUL OF NIM8 ITZ CLASS AIRCRAFT CARRIERS.— 

9 (1) IN GENERAL.—The Secretary of the Navy 

10 may carry out the nuclear refueling and complex 

11 overhaul of each of the following Nimitz class air12 craft carriers: 

13 (A) U.S.S. George Washington (CVN–73). 

14 (B) U.S.S. John C. Stennis (CVN–74). 

15 (C) U.S.S. Harry S. Truman (CVN–75). 

16 (D) U.S.S. Ronald Reagan (CVN–76). 

17 (E) U.S.S. George H.W. Bush (CVN–77). 

18 (2) USE OF INCREMENTAL FUNDING.—With re19 spect to any contract entered into under paragraph 

20 (1) for the nuclear refueling and complex overhaul 

21 of a Nimitz class aircraft carrier, the Secretary may 

22 use incremental funding for a period not to exceed 

23 six years after advance procurement funds for such 

24 nuclear refueling and complex overhaul effort are 

25 first obligated. 


emcdonald on DSK3SPTVN1PROD with BILLS
40 

HR 4909 PCS

1 (3) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—Any contract entered into under paragraph 

3 (1) shall provide that any obligation of the United 

4 States to make a payment under the contract for a 

5 fiscal year after fiscal year 2017 is subject to the 

6 availability of appropriations for that purpose for 

7 that later fiscal year. 

8 SEC. 122. SENSE OF CONGRESS ON AIRCRAFT CARRIER 

9 PROCUREMENT SCHEDULES. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) In a report submitted to Congress on March 

12 17, 2015, the Secretary of the Navy indicated the 

13 Department of the Navy has a requirement of 11 

14 aircraft carriers. 

15 (2) In the Congressional Budget Office report 

16 titled ‘‘An Analysis of the Navy’s Fiscal Year 2016 

17 Shipbuilding Plan’’, the Office stated as follows: ‘‘To 

18 prevent the carrier force from declining to 10 ships 

19 in the 2040s, 1 short of its inventory goal of 11, the 

20 Navy could accelerate purchases after 2018 to 1 

21 every four years, rather than 1 every five years’’. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the plan of the Department of the Navy to 

25 schedule the procurement of one aircraft carrier 


emcdonald on DSK3SPTVN1PROD with BILLS
41 

HR 4909 PCS

1 every five years will reduce the overall aircraft car2 rier inventory to 10 aircraft carriers, a level insuffi3 cient to meet peacetime and war plan requirements; 

4 and 

5 (2) to accommodate the required aircraft car6 rier force structure, the Department of the Navy 

7 should— 

8 (A) begin to program construction for the 

9 Ford class aircraft carrier designated CVN–81 

10 in fiscal year 2022; and 

11 (B) program the required advance procure12 ment activities to accommodate the construction 

13 of such carrier. 

14 SEC. 123. DESIGN AND CONSTRUCTION OF LHA REPLACE15 MENT SHIP DESIGNATED LHA 8. 

16 (a) IN GENERAL.—The Secretary of the Navy may 

17 enter into a contract, beginning with the fiscal year 2017 

18 program year, for the design and construction of the LHA 

19 Replacement ship designated LHA 8 using amounts au20 thorized to be appropriated for the Department of Defense 

21 for Shipbuilding and Conversion, Navy. 

22 (b) USE OF INCREMENTAL FUNDING.—With respect 

23 to the contract entered into under subsection (a), the Sec24 retary may use incremental funding to make payments 

25 under the contract. 


emcdonald on DSK3SPTVN1PROD with BILLS
42 

HR 4909 PCS

1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—The contract entered into under subsection (a) 

3 shall provide that any obligation of the United States to 

4 make a payment under such contract for any fiscal year 

5 after fiscal year 2017 is subject to the availability of ap6 propriations for that purpose for such fiscal year. 

7 SEC. 124. DESIGN AND CONSTRUCTION OF REPLACEMENT 

8 DOCK LANDING SHIP DESIGNATED LX(R) OR 

9 AMPHIBIOUS TRANSPORT DOCK DESIGNATED 

10 LPD–29. 

11 (a) IN GENERAL.—The Secretary of the Navy may 

12 enter into a contract, beginning with the fiscal year 2017 

13 program year, for the design and construction of the re14 placement dock landing ship designated LX(R) or the am15 phibious transport dock designated LPD–29 using 

16 amounts authorized to be appropriated for the Depart17 ment of Defense for Shipbuilding and Conversion, Navy. 

18 (b) USE OF INCREMENTAL FUNDING.—With respect 

19 to the contract entered into under subsection (a), the Sec20 retary may use incremental funding to make payments 

21 under the contract. 

22 (c) CONDITION FOR OUT-YEAR CONTRACT PAY23 MENTS.—The contract entered into under subsection (a) 

24 shall provide that any obligation of the United States to 

25 make a payment under such contract for any fiscal year 


emcdonald on DSK3SPTVN1PROD with BILLS
43 

HR 4909 PCS

1 after fiscal year 2017 is subject to the availability of ap2 propriations for that purpose for such fiscal year. 

3 SEC. 125. SHIP TO SHORE CONNECTOR PROGRAM. 

4 (a) CONTRACT AUTHORITY.—Notwithstanding sec5 tion 2306b of title 10, United States Code, the Secretary 

6 of the Navy may enter into a contract to procure up to 

7 45 Ship to Shore Connector craft. 

8 (b) LIABILITY.—Any contract entered into under 

9 subsection (a) shall provide that any obligation of the 

10 United States to make a payment under the contract is 

11 subject to the availability of appropriations for that pur12 pose, and that the total liability to the Government for 

13 termination of any contract entered into shall be limited 

14 to the total amount of funding obligated at time of termi15 nation. 

16 SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR 

17 LITTORAL COMBAT SHIP OR SUCCESSOR 

18 FRIGATE. 

19 None of the funds authorized to be appropriated by 

20 this Act or otherwise made available for fiscal year 2017 

21 for the Navy shall be used to select only a single con22 tractor for the construction of the Littoral Combat Ship 

23 or any successor frigate class ship program until the Sec24 retary of the Navy certifies to the congressional defense 


emcdonald on DSK3SPTVN1PROD with BILLS
44 

HR 4909 PCS

1 committees that such selection of a single contractor will 

2 be conducted— 

3 (1) using competitive procedures; and 

4 (2) for the limited purpose of awarding a con5 tract for— 

6 (A) an engineering change proposal for a 

7 frigate class ship; or 

8 (B) the construction of a frigate class ship. 

9 SEC. 127. REPORT ON P–8 POSEIDON AIRCRAFT. 

10 (a) REPORT REQUIRED.—Not later than October 1, 

11 2017, the Secretary of the Navy shall submit to the con12 gressional defense committees a report regarding future 

13 capabilities for the P–8 Poseidon aircraft. 

14 (b) ELEMENTS.—The report under subsection (a) 

15 shall include, with respect to the P–8 Poseidon aircraft, 

16 the following: 

17 (1) A review of possible upgrades by the Navy 

18 to the sensors onboard the aircraft, including intel19 ligence, surveillance, and reconnaissance sensors cur20 rently being fielded on Air Force platforms. 

21 (2) An assessment of the ability of the Navy to 

22 use long-range multispectral imaging systems on23 board the aircraft. 


emcdonald on DSK3SPTVN1PROD with BILLS
45 

HR 4909 PCS

1 Subtitle D—Air Force Programs 

2 SEC. 131. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT 

3 INVENTORY. 

4 Section 231a of title 10, United States Code, is 

5 amended— 

6 (1) by striking subsection (e); and 

7 (2) by redesignating subsection (f) as sub8 section (e). 

9 SEC. 132. REPEAL OF REQUIREMENT TO PRESERVE CER10 TAIN RETIRED C–5 AIRCRAFT. 

11 Section 141 of the National Defense Authorization 

12 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

13 1659) is amended by striking subsection (d). 

14 SEC. 133. REPEAL OF REQUIREMENT TO PRESERVE CER15 TAIN RETIRED F–117 AIRCRAFT. 

16 Section 136 of the National Defense Authorization 

17 Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 

18 2114) is amended by striking subsection (b). 

19 SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

20 RETIREMENT OF A–10 AIRCRAFT. 

21 (a) PROHIBITION ON AVAILABILITY OF FUNDS FOR

22 RETIREMENT.—None of the funds authorized to be appro23 priated by this Act or otherwise made available for fiscal 

24 year 2017 for the Air Force may be obligated or expended 


emcdonald on DSK3SPTVN1PROD with BILLS
46 

HR 4909 PCS

1 to retire, prepare to retire, or place in storage or on 

2 backup aircraft inventory status any A–10 aircraft. 

3 (b) ADDITIONAL LIMITATION ON RETIREMENT.—In 

4 addition to the prohibition in subsection (a), the Secretary 

5 of the Air Force may not retire, prepare to retire, or place 

6 in storage or on backup aircraft inventory status any A– 

7 10 aircraft until a period of 90 days has elapsed following 

8 the date on which the Secretary submits to the congres9 sional defense committees the report under subsection 

10 (e)(2). 

11 (c) PROHIBITION ON SIGNIFICANT REDUCTIONS IN

12 MANNING LEVELS.—None of the funds authorized to be 

13 appropriated by this Act or otherwise made available for 

14 fiscal year 2017 for the Air Force may be obligated or 

15 expended to make significant reductions to manning levels 

16 with respect to any A–10 aircraft squadrons or divisions. 

17 (d) MINIMUM INVENTORY REQUIREMENT.—The Sec18 retary of the Air Force shall ensure the Air Force main19 tains a minimum of 171 A–10 aircraft designated as pri20 mary mission aircraft inventory until a period of 90 days 

21 has elapsed following the date on which the Secretary sub22 mits to the congressional defense committees the report 

23 under subsection (e)(2). 

24 (e) REPORTS REQUIRED.— 


emcdonald on DSK3SPTVN1PROD with BILLS
47 

HR 4909 PCS

1 (1) The Director of Operational Test and Eval2 uation shall submit to the congressional defense 

3 committees a report that includes— 

4 (A) the results and findings of the initial 

5 operational test and evaluation of the F–35 air6 craft program; and 

7 (B) a comparison test and evaluation that 

8 examines the capabilities of the F–35A and A– 

9 10C aircraft in conducting close air support, 

10 combat search and rescue, and forward air con11 troller airborne missions. 

12 (2) Not later than 180 days after the date of 

13 the submission of the report under paragraph (1), 

14 the Secretary of the Air Force shall submit to the 

15 congressional defense committees a report that in16 cludes— 

17 (A) the views of the Secretary with respect 

18 to the results of the initial operational test and 

19 evaluation of the F–35 aircraft program as 

20 summarized in the report under paragraph (1), 

21 including any issues or concerns of the Sec22 retary with respect to such results; 

23 (B) a plan for addressing any deficiencies 

24 and carrying out any corrective actions identi25 fied in such report; and 


emcdonald on DSK3SPTVN1PROD with BILLS
48 

HR 4909 PCS

1 (C) short-term and long-term strategies for 

2 preserving the capability of the Air Force to 

3 conduct close air support, combat search and 

4 rescue, and forward air controller airborne mis5 sions. 

6 (f) SPECIAL RULE.— 

7 (1) Subject to paragraph (2), the Secretary of 

8 the Air Force may carry out the transition of the A– 

9 10 unit at Fort Wayne Air National Guard Base, 

10 Indiana, to an F–16 unit as described by the Sec11 retary in the Force Structure Actions map sub12 mitted in support of the budget of the President for 

13 fiscal year 2017 (as submitted to Congress under 

14 section 1105(a) of title 31, United States Code). 

15 (2) Subsections (a) through (e) shall apply with 

16 respect to any A–10 aircraft affected by the transi17 tion described in paragraph (1). 

18 SEC. 135. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

19 RETIREMENT OF JOINT SURVEILLANCE TAR20 GET ATTACK RADAR SYSTEM AIRCRAFT. 

21 (a) PROHIBITION.—Except as provided by subsection 

22 (b) and in addition to the prohibition under section 144 

23 of the National Defense Authorization Act for Fiscal Year 

24 2016 (Public Law 114–92; 129 Stat. 758) none of the 

25 funds authorized to be appropriated or otherwise made 


emcdonald on DSK3SPTVN1PROD with BILLS
49 

HR 4909 PCS

1 available for fiscal year 2018 for the Air Force may be 

2 obligated or expended to retire, or prepare to retire, any 

3 Joint Surveillance Target Attack Radar System aircraft. 

4 (b) EXCEPTION.—The prohibition in subsection (a) 

5 shall not apply to individual Joint Surveillance Target At6 tack Radar System aircraft that the Secretary of the Air 

7 Force determines, on a case-by-case basis, to be non-oper8 ational because of mishaps, other damage, or being uneco9 nomical to repair. 

10 SEC. 136. REPORT ON COST OF B–21 AIRCRAFT. 

11 Not later than 180 days after the date of the enact12 ment of this Act, the Secretary of Defense shall submit 

13 to the congressional defense committees a report on the 

14 cost of the B–21 aircraft. The report shall include an esti15 mate of the total cost of research, production, and mainte16 nance for the aircraft expressed in constant base-year dol17 lars and in current dollars. 

18 SEC. 137. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

19 RETIREMENT OF U–2 AIRCRAFT. 

20 None of the funds authorized to be appropriated by 

21 this Act or otherwise made available for the Air Force may 

22 be obligated or expended to retire, prepare to retire, or 

23 place in storage or on backup aircraft inventory status any 

24 U–2 aircraft. 


emcdonald on DSK3SPTVN1PROD with BILLS
50 

HR 4909 PCS

1 Subtitle E—Defense-wide, Joint, 

2 and Multiservice Matters 

3 SEC. 141. TERMINATION OF QUARTERLY REPORTING ON 

4 USE OF COMBAT MISSION REQUIREMENTS 

5 FUNDS. 

6 Section 123(a)(1) of the Ike Skelton National De7 fense Authorization Act for Fiscal Year 2011 (Public Law 

8 111–383; 124 Stat. 4158; 10 U.S.C. 167 note.) is amend9 ed by inserting ‘‘ending on or before September 30, 2018’’ 

10 after ‘‘each fiscal quarter’’. 

11 SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT 

12 STANDARDS FOR CERTAIN VEHICLES. 

13 (a) GUIDANCE REQUIRED.— 

14 (1) The Secretary of the Army shall issue guid15 ance regarding fire suppressant and fuel contain16 ment standards for covered vehicles of the Army. 

17 (2) The Secretary of the Navy shall issue guid18 ance regarding fire suppressant and fuel contain19 ment standards for covered vehicles of the Marine 

20 Corps. 

21 (b) ELEMENTS.—The guidance regarding fire sup22 pressant and fuel containment standards issued pursuant 

23 to subsection (a) shall— 

24 (1) meet the survivability requirements applica25 ble to each class of covered vehicles; 


emcdonald on DSK3SPTVN1PROD with BILLS
51 

HR 4909 PCS

1 (2) include standards for vehicle armor, vehicle 

2 fire suppression systems, and fuel containment tech3 nologies in covered vehicles; and 

4 (3) balance cost, survivability, and mobility. 

5 (c) REPORT TO CONGRESS.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of the Army and the Secretary of the Navy shall each sub8 mit to the congressional defense committees a report that 

9 includes— 

10 (1) the policy guidance established pursuant to 

11 subsection (a), set forth separately for each class of 

12 covered vehicle; and 

13 (2) any other information the Secretaries deter14 mine to be appropriate. 

15 (d) COVERED VEHICLES.—In this section, the term 

16 ‘‘covered vehicles’’ means ground vehicles acquired on or 

17 after October 1, 2018, under a major defense acquisition 

18 program (as such term is defined in section 2430 of title 

19 10, United States Code), including light tactical vehicles, 

20 medium tactical vehicles, heavy tactical vehicles, and 

21 ground combat vehicles. 


emcdonald on DSK3SPTVN1PROD with BILLS
52 

HR 4909 PCS

1 SEC. 143. REPORT ON DEPARTMENT OF DEFENSE MUNI2 TIONS STRATEGY FOR THE COMBATANT COM3 MANDS. 

4 (a) REPORT REQUIRED.—Not later than April 1, 

5 2017, the Secretary of Defense shall submit to the con6 gressional defense committees a report on the munitions 

7 strategy for the combatant commands, including an identi8 fication of munitions requirements, an assessment of mu9 nitions gaps and shortfalls, and necessary munitions in10 vestments. Such strategy shall cover the 10-year period 

11 beginning with 2016. 

12 (b) ELEMENTS.—The report on munitions strategy 

13 required by subsection (a) shall include the following: 

14 (1) An identification of current and projected 

15 munitions requirements, by class or type. 

16 (2) An assessment of munitions gaps and short17 falls, including a census of current munitions capa18 bilities and programs, not including ammunition. 

19 (3) A description of current and planned muni20 tions programs, including with respect to procure21 ment; research, development, test, and evaluation; 

22 and deployment activities. 

23 (4) Schedules, estimated costs, and budget 

24 plans for current and planned munitions programs. 

25 (5) Identification of opportunities and limita26 tions within the associated industrial base. 


emcdonald on DSK3SPTVN1PROD with BILLS
53 

HR 4909 PCS

1 (6) Identification and evaluation of technology 

2 needs and applicable emerging technologies. 

3 (7) An assessment of how current and planned 

4 munitions programs, and promising technologies, 

5 may affect existing operational concepts and capa6 bilities of the military departments or lead to new 

7 operational concepts and capabilities. 

8 (8) An assessment of programs and capabilities 

9 by other countries to counter the munitions pro10 grams and capabilities of the Armed Forces, not in11 cluding with respect to ammunition, and how such 

12 assessment affects the munitions strategy of each 

13 military department. 

14 (9) An assessment of how munitions capability 

15 and capacity may be affected by changes consistent 

16 with the Memorandum of the Secretary of Defense 

17 dated June 19, 2008, regarding the Department of 

18 Defense policy on cluster munitions and unintended 

19 harm to civilians. 

20 (10) Any other matters the Secretary deter21 mines appropriate. 

22 (c) FORM.—The report under subsection (a) may be 

23 submitted in classified or unclassified form. 


emcdonald on DSK3SPTVN1PROD with BILLS
54 

HR 4909 PCS

1 SEC. 144. COMPTROLLER GENERAL REVIEW OF F–35 LIGHT2 NING II AIRCRAFT SUSTAINMENT SUPPORT. 

3 (a) REVIEW.—Not later than September 30, 2017, 

4 the Comptroller General of the United States shall submit 

5 to the congressional defense committees a report on the 

6 sustainment support structure for the F–35 Lightning II 

7 aircraft program. 

8 (b) ELEMENTS.—The review under subsection (a) 

9 shall include, with respect to the F–35 Lightning II air10 craft program, the following: 

11 (1) The status of the sustainment support 

12 strategy for the program, including goals for per13 sonnel training, required infrastructure, and fleet 

14 readiness. 

15 (2) Approaches, including performance-based 

16 logistics, considered in developing the sustainment 

17 support strategy for the program. 

18 (3) Other information regarding sustainment 

19 and logistics support for the program that the 

20 Comptroller General determines to be of critical im21 portance to the long-term viability of the program. 

22 SEC. 145. BRIEFING ON ACQUISITION STRATEGY FOR 

23 GROUND MOBILITY VEHICLE. 

24 (a) BRIEFING REQUIRED.—Not later than 180 days 

25 after the date of the enactment of this Act, the Under 

26 Secretary of Defense for Acquisition, Technology, and LoVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
55 

HR 4909 PCS

1 gistics, in consultation with the Secretary of the Army, 

2 shall present to the congressional defense committees a 

3 briefing on the acquisition strategy for the Ground Mobil4 ity Vehicle for use with the Global Response Force. 

5 (b) ELEMENTS.—The briefing under subsection (a) 

6 shall include an assessment of— 

7 (1) whether the Ground Mobility Vehicle is a 

8 suitable candidate for solutions that would utilize 

9 militarized commercial off-the-shelf platforms 

10 leveraging existing global automotive supply chains 

11 to satisfy requirements and reduce the life-cycle cost 

12 of the program; 

13 (2) whether the acquisition strategy meets the 

14 focus areas specified in the Better Buying Power ini15 tiative of the Secretary of Defense; and 

16 (3) whether including an active safety system 

17 like electronic stability control in the Ground Mobil18 ity Vehicle, as such system is used on the Joint 

19 Light Tactical Vehicle, is expected to reduce the risk 

20 of vehicle rollover. 

21 SEC. 146. STANDARDIZATION OF 5.56MM RIFLE AMMUNI22 TION. 

23 (a) REPORT.—If, on the date that is 180 days after 

24 the date of the enactment of this Act, the Army and the 

25 Marine Corps are each using different variants of 5.56mm 


emcdonald on DSK3SPTVN1PROD with BILLS
56 

HR 4909 PCS

1 rifle ammunition, the Secretary of Defense shall, on such 

2 date, submit to the congressional defense committees a re3 port explaining the reasons that the Army and the Marine 

4 Corps are using different variants of such ammunition. 

5 (b) STANDARDIZATION REQUIREMENT.—Not later 

6 than one year after the date of the enactment of this Act, 

7 the Secretary of Defense shall ensure that the Army and 

8 the Marine Corps are using the same variant of 5.56mm 

9 rifle ammunition. 

10 (c) EXCEPTION.—Subsection (b) shall not apply in 

11 a case in which the Secretary of Defense— 

12 (1) determines that a state of emergency re13 quires the Army and the Marine Corps to use dif14 ferent variants of 5.56mm rifle ammunition; and 

15 (2) certifies to the congressional defense com16 mittees that such a determination has been made. 

17 TITLE II—RESEARCH, DEVELOP18 MENT, TEST, AND EVALUA19 TION 

20 Subtitle A—Authorization of 

21 Appropriations 

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2017 for the use of the Department of Defense 


emcdonald on DSK3SPTVN1PROD with BILLS
57 

HR 4909 PCS

1 for research, development, test, and evaluation, as speci2 fied in the funding table in section 4201. 

3 Subtitle B—Program Require4 ments, Restrictions, and Limita5 tions 

6 SEC. 211. LABORATORY QUALITY ENHANCEMENT PRO7 GRAM. 

8 (a) IN GENERAL.—The Secretary of Defense, acting 

9 through the Assistant Secretary of Defense for Research 

10 and Engineering, shall carry out a Program to be known 

11 as the ‘‘Laboratory Quality Enhancement Program’’ 

12 under which the Secretary shall establish the panels de13 scribed in subsection (b) and direct such panels— 

14 (1) to review and make recommendations to the 

15 Secretary with respect to— 

16 (A) existing policies and practices affecting 

17 the science and technology reinvention labora18 tories to improve the research output of such 

19 laboratories; and 

20 (B) new initiatives proposed by the science 

21 and technology reinvention laboratories; 

22 (2) to support implementation of current and 

23 future initiatives affecting the science and tech24 nology reinvention laboratories; and 


emcdonald on DSK3SPTVN1PROD with BILLS
58 

HR 4909 PCS

1 (3) to conduct assessments or data analysis on 

2 such other issues as the Secretary determines to be 

3 appropriate. 

4 (b) PANELS.—The panels described in this subsection 

5 are: 

6 (1) A panel on personnel, workforce develop7 ment, and talent management. 

8 (2) A panel on facilities and infrastructure. 

9 (3) A panel on research strategy, technology 

10 transfer, and industry partnerships. 

11 (4) A panel on oversight, administrative, and 

12 regulatory processes. 

13 (c) COMPOSITION OF PANELS.— 

14 (1) Each panel described in subsection (b) shall 

15 be composed of not less than 4 members. 

16 (2) Each panel described in paragraphs (1) 

17 through (3) of subsection (b) shall be composed of 

18 subject matter and technical management experts 

19 from— 

20 (A) laboratories and research centers of 

21 the Army, Navy and Air Force; 

22 (B) appropriate Defense Agencies; 

23 (C) the Office of the Assistant Secretary of 

24 Defense for Research and Engineering; and 


emcdonald on DSK3SPTVN1PROD with BILLS
59 

HR 4909 PCS

1 (D) such other entities of the Department 

2 of Defense as the Secretary determines to be 

3 appropriate. 

4 (3) The panel described in subsection (b)(4) 

5 shall be composed of— 

6 (A) the Director of the Army Research 

7 Laboratory; 

8 (B) the Director of the Air Force Research 

9 Laboratory; 

10 (C) the Director of the Naval Research 

11 Laboratory; and 

12 (D) such other members as the Secretary 

13 determines to be appropriate. 

14 (d) GOVERNANCE OF PANELS.— 

15 (1) The chairperson of each panel shall be se16 lected by its members. 

17 (2) The panel described in subsection (b)(4) 

18 shall— 

19 (A) oversee the activities of the panels de20 scribed in paragraphs (1) through (3) of sub21 section (b); 

22 (B) determine the subject matter to be 

23 considered by the panels; and 

24 (C) provide the recommendations of the 

25 panels to the Secretary. 


emcdonald on DSK3SPTVN1PROD with BILLS
60 

HR 4909 PCS

1 (e) PERSONNEL DEMONSTRATION PROJECT AU2 THORITY.—Section 342(b) of the National Defense Au3 thorization Act for Fiscal Year 1995 (Public Law 103– 

4 337; 108 Stat. 2721) (as amended by section 

5 1114(a)(2)(C) of the National Defense Authorization Act 

6 for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 

7 1654A–315)) is amended by adding at the end the fol8 lowing new paragraph: 

9 ‘‘(4) In carrying out this subsection, the Sec10 retary shall act through the Assistant Secretary of 

11 Defense for Research and Engineering.’’. 

12 (f) SCIENCE AND TECHNOLOGY REINVENTION LAB13 ORATORY DEFINED.—In this section, the term ‘‘science 

14 and technology reinvention laboratory’’ means a science 

15 and technology reinvention laboratory designated under 

16 section 1105 of the National Defense Authorization Act 

17 for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 

18 2358 note). 

19 SEC. 212. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE 

20 LABORATORIES FOR RESEARCH AND DEVEL21 OPMENT OF TECHNOLOGIES FOR MILITARY 

22 MISSIONS. 

23 Section 219 of the Duncan Hunter National Defense 

24 Authorization Act for Fiscal Year 2009 (Public Law 110– 

25 417; 10 U.S.C. 2358 note), as most recently amended by 


emcdonald on DSK3SPTVN1PROD with BILLS
61 

HR 4909 PCS

1 section 262 of the National Defense Authorization Act for 

2 Fiscal Year 2014 (Public Law 113–66), is amended— 

3 (1) in subsection (a)(1), by striking ‘‘not more 

4 than’’; and 

5 (2) by amending subsection (d) to read as fol6 lows: 

7 ‘‘(d) SPECIAL RULE.—For purposes of this section, 

8 a federally funded research and development center shall 

9 be considered a defense laboratory if the center is spon10 sored by the Department of Defense.’’. 

11 SEC. 213. NOTIFICATION REQUIREMENT FOR CERTAIN 

12 RAPID PROTOTYPING, EXPERIMENTATION, 

13 AND DEMONSTRATION ACTIVITIES. 

14 (a) NOTICE REQUIRED.—The Secretary of the Navy 

15 shall not initiate a covered activity until a period of 10 

16 business days has elapsed following the date on which the 

17 Secretary submits to the congressional defense committees 

18 the notice described in subsection (b) with respect to such 

19 activity. 

20 (b) ELEMENTS OF NOTICE.—The notice described in 

21 this subsection is a written notice of the intention of the 

22 Secretary to initiate a covered activity. Each such notice 

23 shall include the following: 

24 (1) A description of the activity. 


emcdonald on DSK3SPTVN1PROD with BILLS
62 

HR 4909 PCS

1 (2) Estimated costs and funding sources for the 

2 activity, including a description of any cost-sharing 

3 or in-kind support arrangements with other partici4 pants. 

5 (3) A description of any transition agreement, 

6 including the identity of any partner organization 

7 that may receive the results of the covered activity 

8 under such an agreement. 

9 (4) Identification of major milestones and the 

10 anticipated date of completion of the activity. 

11 (c) COVERED ACTIVITY.—In this section, the term 

12 ‘‘covered activity’’ means a rapid prototyping, experimen13 tation, or demonstration activity carried out under pro14 gram element 0603382N. 

15 (d) SUNSET.—The requirements of this section shall 

16 terminate 5 years after the date of the enactment of this 

17 Act. 

18 SEC. 214. IMPROVED BIOSAFETY FOR HANDLING OF SE19 LECT AGENTS AND TOXINS. 

20 (a) QUALITY CONTROL AND QUALITY ASSURANCE

21 PROGRAM.—The Secretary of Defense, acting through the 

22 executive agent for the biological select agent and toxin 

23 biosafety program of the Department of Defense, shall 

24 carry out a program to implement certain quality control 

25 and quality assurance measures at each covered facility. 


emcdonald on DSK3SPTVN1PROD with BILLS
63 

HR 4909 PCS

1 (b) QUALITY CONTROL AND QUALITY ASSURANCE

2 MEASURES.—Subject to subsection (c), the quality control 

3 and quality assurance measures implemented at each cov4 ered facility under subsection (a) shall include the fol5 lowing: 

6 (1) Designation of an external manager to over7 see quality assurance and quality control. 

8 (2) Environmental sampling and inspection. 

9 (3) Production procedures that prohibit oper10 ations where live biological select agents and toxins 

11 are used in the same laboratory where viability test12 ing is conducted. 

13 (4) Production procedures that prohibit work 

14 on multiple organisms or multiple strains of one or15 ganism within the same biosafety cabinet. 

16 (5) A video surveillance program that uses 

17 video monitoring as a tool to improve laboratory 

18 practices in accordance with regulatory require19 ments. 

20 (6) Formal, recurring data reviews of produc21 tion in an effort to identify data trends and non22 conformance issues before such issues affect end 

23 products. 


emcdonald on DSK3SPTVN1PROD with BILLS
64 

HR 4909 PCS

1 (7) Validated protocols for production processes 

2 to ensure that process deviations are adequately vet3 ted prior to implementation. 

4 (8) Maintenance and calibration procedures and 

5 schedules for all tools, equipment, and irradiators. 

6 (c) WAIVER.—In carrying out the program under 

7 subsection (a), the Secretary may waive any of the quality 

8 control and quality assurance measures required under 

9 subsection (b) in the interest of national defense. 

10 (d) STUDY AND REPORT REQUIRED.— 

11 (1) The Secretary of Defense shall carry out a 

12 study to evaluate— 

13 (A) the feasibility of consolidating covered 

14 facilities within a unified command to minimize 

15 risk; 

16 (B) opportunities to partner with industry 

17 for the production of biological select agents 

18 and toxins and related services in lieu of main19 taining such capabilities within the Department 

20 of the Army; and 

21 (C) whether operations under the biological 

22 select agent and toxin production program 

23 should be transferred to another government or 

24 commercial laboratory that may be better suited 


emcdonald on DSK3SPTVN1PROD with BILLS
65 

HR 4909 PCS

1 to execute production for non-Department of 

2 Defense customers. 

3 (2) Not later than February 1, 2017, the Sec4 retary shall submit to the congressional defense com5 mittees a report on the results of the study under 

6 paragraph (1). 

7 (e) COMPTROLLER GENERAL REVIEW.—Not later 

8 than September 1, 2017, the Comptroller General of the 

9 United States shall submit to the congressional defense 

10 committees a report that includes the following: 

11 (1) A review of— 

12 (A) the actions taken by the Department 

13 of Defense to address the findings and rec14 ommendations of the report of the Department 

15 of the Army titled ‘‘Individual and Institutional 

16 Accountability for the Shipment of Viable Bacil17 lus Anthracis from Dugway Proving Grounds’’, 

18 dated December 15, 2015, including any ac19 tions taken to address the culture of compla20 cency in the biological select agent and toxin 

21 production program identified in such report; 

22 and 

23 (B) the progress of the Secretary in car24 rying out the program under subsection (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
66 

HR 4909 PCS

1 (2) An analysis of the study and report under 

2 subsection (d). 

3 (f) DEFINITIONS.—In this section: 

4 (1) The term ‘‘covered facility’’ means any fa5 cility of the Department of Defense that produces 

6 biological select agents and toxins. 

7 (2) The term ‘‘biological select agent and toxin’’ 

8 means any agent or toxin identified under— 

9 (A) section 331.3 of title 7, Code of Fed10 eral Regulations; 

11 (B) section 121.3 or section 121.4 of title 

12 9, Code of Federal Regulations; or 

13 (C) section 73.3 or section 73.4 of title 42, 

14 Code of Federal Regulations. 

15 SEC. 215. MODERNIZATION OF SECURITY CLEARANCE IN16 FORMATION TECHNOLOGY ARCHITECTURE. 

17 (a) IN GENERAL.—The Secretary of Defense, in con18 sultation with the Director of National Intelligence and 

19 the Director of the Office of Personnel Management, shall 

20 develop and implement an information technology system 

21 (in this section referred to as the ‘‘System’’) to— 

22 (1) modernize and sustain the security clear23 ance information architecture of the National Back24 ground Investigations Bureau and the Department 

25 of Defense; 


emcdonald on DSK3SPTVN1PROD with BILLS
67 

HR 4909 PCS

1 (2) support decision-making processes for the 

2 evaluation and granting of personnel security clear3 ances; 

4 (3) improve cyber security capabilities with re5 spect to sensitive security clearance data and proc6 esses; 

7 (4) reduce the complexity and cost of the secu8 rity clearance process; 

9 (5) provide information to managers on the fi10 nancial and administrative costs of the security 

11 clearance process; 

12 (6) strengthen the ties between counterintel13 ligence and personnel security communities; and 

14 (7) improve system standardization in the secu15 rity clearance process. 

16 (b) GUIDANCE REQUIRED.—Not later than 180 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense, in consultation with the Director of National 

19 Intelligence and the Director of the Office of Personnel 

20 Management, shall issue guidance establishing the respec21 tive roles, responsibilities, and obligations of the Secretary 

22 and Directors with respect to the development and imple23 mentation of the System. 

24 (c) ELEMENTS OF SYSTEM.—In developing the Sys25 tem under subsection (a), the Secretary shall— 


emcdonald on DSK3SPTVN1PROD with BILLS
68 

HR 4909 PCS

1 (1) conduct a review of security clearance busi2 ness processes and, to the extent practicable, modify 

3 such processes to maximize compatibility with the 

4 security clearance information technology architec5 ture to minimize the need for customization of the 

6 System; 

7 (2) conduct business process mapping (as such 

8 term is defined in section 2222(i) of title 10, United 

9 States Code) of the business processes described in 

10 paragraph (1); 

11 (3) use spiral development and incremental ac12 quisition practices to rapidly deploy the System, in13 cluding through the use of prototyping and open ar14 chitecture principles; 

15 (4) establish a process to identify and limit 

16 interfaces with legacy systems and to limit 

17 customization of any commercial information tech18 nology tools used; 

19 (5) establish automated processes for meas20 uring the performance goals of the System; and 

21 (6) incorporate capabilities for the continuous 

22 monitoring of network security and the mitigation of 

23 insider threats to the System. 


emcdonald on DSK3SPTVN1PROD with BILLS
69 

HR 4909 PCS

1 (d) COMPLETION DATE.—The Secretary shall com2 plete the development and implementation of the System 

3 by not later than September 30, 2019. 

4 (e) BRIEFING.—Beginning on December 1, 2016, 

5 and on a quarterly basis thereafter until the completion 

6 date of the System under subsection (d), the Secretary of 

7 Defense shall provide a briefing to the Committees on 

8 Armed Services of the Senate and House of Representa9 tives (and other appropriate congressional committees on 

10 request) on the progress of the Secretary in developing 

11 and implementing the System. 

12 (f) REVIEW OF APPLICABLE LAWS.—The Secretary 

13 shall review laws, regulations, and executive orders relat14 ing to the maintenance of personnel security clearance in15 formation by the Federal Government. Not later than 90 

16 days after the date of the enactment of this Act, the Sec17 retary shall provide to the Committees on Armed Services 

18 of the Senate and House of Representatives (and other 

19 appropriate congressional committees on request) a brief20 ing that includes— 

21 (1) the results of the review; and 

22 (2) recommendations, if any, for consolidating 

23 and clarifying laws, regulations, and executive orders 

24 relating to the maintenance of personnel security 

25 clearance information by the Federal Government. 


emcdonald on DSK3SPTVN1PROD with BILLS
70 

HR 4909 PCS

1 (g) APPROPRIATE CONGRESSIONAL COMMITTEES

2 DEFINED.—In this section, the term ‘‘appropriate con3 gressional committees’’ means— 

4 (1) the Select Committee on Intelligence, the 

5 Committee on Homeland Security and Governmental 

6 Affairs, and the Committee on Appropriations of the 

7 Senate; and 

8 (2) the Permanent Select Committee on Intel9 ligence, the Committee on Oversight and Govern10 ment Reform, and the Committee on Appropriations 

11 of the House of Representatives. 

12 SEC. 216. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

13 COUNTERING WEAPONS OF MASS DESTRUC14 TION SYSTEM CONSTELLATION. 

15 (a) PROHIBITIONS.—None of the funds authorized to 

16 be appropriated by this Act or otherwise made available 

17 for fiscal year 2017 for the countering weapons of mass 

18 destruction situational awareness information system com19 monly known as ‘‘Constellation’’ may be obligated or ex20 pended for research, development, or prototyping for such 

21 system. 

22 (b) REVIEW.—The Chief Information Officer of the 

23 Department of Defense, in consultation with the Director 

24 of the Defense Information Systems Agency, shall review 


emcdonald on DSK3SPTVN1PROD with BILLS
71 

HR 4909 PCS

1 the requirements and program plan for research, develop2 ment, and prototyping for the Constellation system. 

3 (c) REPORT REQUIRED.—Not later than February 1, 

4 2017, the Chief Information Officer of the Department of 

5 Defense, in consultation with the Director of the Defense 

6 Information Systems Agency, shall submit to the congres7 sional defense committees a report on the review under 

8 subsection (b). Such report shall include the following, 

9 with respect to the Constellation system: 

10 (1) A review of the major software components 

11 of the system and an explanation of the require12 ments of the Department of Defense with respect to 

13 each such component. 

14 (2) Identification of elements and applications 

15 of the system that cannot be implemented using the 

16 existing technical infrastructure and tools of the De17 partment of Defense or the infrastructure and tools 

18 in development. 

19 (3) A description of major developmental mile20 stones and decision points for additional prototypes 

21 needed to establish the full capabilities of the sys22 tem, including a timeline and detailed metrics and 

23 criteria for each such milestone and decision point. 

24 (4) An overview of a security plan to achieve an 

25 accredited cross-domain solution system, including 


emcdonald on DSK3SPTVN1PROD with BILLS
72 

HR 4909 PCS

1 security milestones and proposed security architec2 ture to mitigate both insider and outsider threats. 

3 (5) Identification of the planned categories of 

4 end-users of the system, linked to organizations, 

5 mission requirements, and concept of operations, the 

6 expected total number of end-users, and the associ7 ated permissions granted to such users. 

8 (6) A cost estimate for the full life-cycle cost to 

9 complete the Constellation system. 

10 SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR DE11 FENSE INNOVATION UNIT EXPERIMENTAL. 

12 (a) LIMITATION.—Of the funds specified in sub13 section (c), not more than 80 percent may be obligated 

14 or expended until the date on which the Secretary of De15 fense submits to the congressional defense committees the 

16 report under subsection (b). 

17 (b) REPORT REQUIRED.—The Secretary of Defense 

18 shall submit to the congressional defense committees a re19 port on the Defense Innovation Unit Experimental. Such 

20 report shall include the following: 

21 (1) The charter and mission statement of the 

22 Unit. 

23 (2) A description of— 

24 (A) the governance structure of the Unit; 


emcdonald on DSK3SPTVN1PROD with BILLS
73 

HR 4909 PCS

1 (B) the metrics used to measure the effec2 tiveness of the Unit; 

3 (C) the process for coordinating and 

4 deconflicting the activities of the Unit with 

5 similar activities of the military departments, 

6 Defense Agencies, and other departments and 

7 agencies of the Federal Government, including 

8 activities carried out by In-Q-Tel, the Defense 

9 Advanced Research Projects Agency, and De10 partment of Defense laboratories; 

11 (D) the direct staffing requirements of the 

12 Unit, including a description of the desired 

13 skills and expertise of such staff; 

14 (E) the number of civilian and military 

15 personnel provided by the military departments 

16 and Defense Agencies to support the Unit; 

17 (F) any planned expansion to new sites, 

18 the metrics used to identify such sites, and an 

19 explanation of how such expansion will provide 

20 access to innovations of nontraditional defense 

21 contractors (as such term is defined in section 

22 2302 of title 10, United States Code) that are 

23 not otherwise accessible; 

24 (G) how compliance with Department of 

25 Defense requirements could affect the ability of 


emcdonald on DSK3SPTVN1PROD with BILLS
74 

HR 4909 PCS

1 such nontraditional defense contractors to mar2 ket products and obtain funding; and 

3 (H) how to treat intellectual property that 

4 has been developed with little or no government 

5 funding. 

6 (3) Any other information the Secretary deter7 mines to be appropriate. 

8 (c) FUNDS SPECIFIED.—The funds specified in this 

9 subsection are as follows: 

10 (1) Funds authorized to be appropriated by this 

11 Act or otherwise made available for fiscal year 2017 

12 for operation and maintenance, Defense-wide, for 

13 the Defense Innovation Unit Experimental. 

14 (2) Funds authorized to be appropriated by this 

15 Act or otherwise made available for fiscal year 2017 

16 for research, development, test, and evaluation, De17 fense-wide, for the Defense Innovation Unit Experi18 mental. 

19 SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR 

20 TACTICAL COMBAT TRAINING SYSTEM IN21 CREMENT II. 

22 Of the funds authorized to be appropriated by this 

23 Act or otherwise made available for fiscal year 2017 for 

24 the Tactical Combat Training System Increment II of the 

25 Navy, not more than 80 percent may be obligated or exVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
75 

HR 4909 PCS

1 pended until the Secretary of the Navy and the Secretary 

2 of the Air Force submit to the congressional defense com3 mittees the report required by section 235 of the National 

4 Defense Authorization Act for Fiscal Year 2016 (Public 

5 Law 114-92; 129 Stat. 780). 

6 SEC. 219. RESTRUCTURING OF THE DISTRIBUTED COMMON 

7 GROUND SYSTEM OF THE ARMY. 

8 (a) IN GENERAL.—Not later than April 1, 2017, the 

9 Secretary of the Army shall restructure versions of the dis10 tributed common ground system of the Army after Incre11 ment 1— 

12 (1) by discontinuing development of any compo13 nent of the system for which there is commercial 

14 software that is capable of fulfilling at least 80 per15 cent of the system requirements applicable to such 

16 component; and 

17 (2) by conducting a review of the acquisition 

18 strategy of the program to ensure that procurement 

19 of commercial software is the preferred method of 

20 meeting program requirements. 

21 (b) LIMITATION.—The Secretary of the Army shall 

22 not award any contract for the development of any capa23 bility for the distributed common ground system of the 

24 Army if such a capability is available for purchase on the 

25 commercial market, except for minor capabilities that are 


emcdonald on DSK3SPTVN1PROD with BILLS
76 

HR 4909 PCS

1 incidental to and necessary for the proper functioning of 

2 a major component of the system. 

3 SEC. 220. DESIGNATION OF DEPARTMENT OF DEFENSE 

4 SENIOR OFFICIAL WITH PRINCIPAL RESPON5 SIBILITY FOR DIRECTED ENERGY WEAPONS. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of Defense shall— 

8 (1) designate a senior official already serving 

9 within the Department of Defense as the official 

10 with principal responsibility for the development and 

11 demonstration of directed energy weapons for the 

12 Department; and 

13 (2) set forth the responsibilities of that senior 

14 official with respect to such programs. 

15 Subtitle C—Reports and Other 

16 Matters 

17 SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED 

18 MICROELECTRONICS. 

19 (a) STRATEGY.—The Secretary of Defense shall de20 velop a strategy to ensure that the Department of Defense 

21 has assured access to trusted microelectronics by not later 

22 than September 30, 2020. 

23 (b) ELEMENTS.—The strategy under subsection (a) 

24 shall include the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
77 

HR 4909 PCS

1 (1) Definitions of the various levels of trust re2 quired by classes of Department of Defense systems. 

3 (2) Means of classifying systems of the Depart4 ment of Defense based on the level of trust such sys5 tems are required to maintain with respect to micro6 electronics. 

7 (3) Means by which trust in microelectronics 

8 can be assured. 

9 (4) Means to increase the supplier base for as10 sured microelectronics to ensure multiple supply 

11 pathways. 

12 (5) An assessment of the microelectronics needs 

13 of the Department of Defense in future years, in14 cluding the need for trusted, radiation-hardened 

15 microelectronics. 

16 (6) An assessment of the microelectronic needs 

17 of the Department of Defense that may not be ful18 filled by entities outside the Department of Defense. 

19 (7) The resources required to assure access to 

20 trusted microelectronics, including infrastructure 

21 and investments in science and technology. 

22 (c) SUBMISSION.—Not later than one year after the 

23 date of the enactment of this Act, the Secretary shall sub24 mit to the congressional defense committees the strategy 

25 developed under subsection (a). The strategy shall be subVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
78 

HR 4909 PCS

1 mitted in unclassified form, but may include a classified 

2 annex. 

3 (d) DIRECTIVE REQUIRED.—Not later than Sep4 tember 30, 2020, the Secretary of Defense shall issue a 

5 directive for the Department of Defense describing how 

6 Department of Defense entities may access assured and 

7 trusted microelectronics supply chains for Department of 

8 Defense systems. 

9 (e) CERTIFICATION.—Not later than September 30, 

10 2020, the Secretary of the Defense shall certify to the con11 gressional defense committees that— 

12 (1) the strategy developed under subsection (a) 

13 has been implemented; and 

14 (2) the Department of Defense has an assured 

15 means for accessing a sufficient supply of trusted 

16 microelectronics, as required by the strategy devel17 oped under subsection (a). 

18 (f) DEFINITION.—In this section, the terms ‘‘trust’’ 

19 and ‘‘trusted’’ refer, with respect to microelectronics, to 

20 the ability of the Department of Defense to have con21 fidence that the microelectronics function as intended and 

22 are free of exploitable vulnerabilities, either intentionally 

23 or unintentionally designed or inserted as part of the sys24 tem at any time during its life cycle. 


emcdonald on DSK3SPTVN1PROD with BILLS
79 

HR 4909 PCS

1 SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMER2 CIAL INFORMATION TECHNOLOGY. 

3 (a) PILOT PROGRAM.—The Director of the Defense 

4 Information Systems Agency shall carry out a pilot pro5 gram to evaluate commercially available information tech6 nology tools to better understand the potential impact of 

7 such tools on networks and computing environments of the 

8 Department of Defense. 

9 (b) ACTIVITIES.—Activities under the pilot program 

10 may include the following: 

11 (1) Prototyping, experimentation, operational 

12 demonstration, military user assessments, and other 

13 means of obtaining quantitative and qualitative feed14 back on the commercial information technology 

15 products. 

16 (2) Engagement with the commercial informa17 tion technology industry to— 

18 (A) forecast military requirements and 

19 technology needs; and 

20 (B) support the development of market 

21 strategies and program requirements before fi22 nalizing acquisition decisions and strategies. 

23 (3) Assessment of novel or innovative commer24 cial technology for use by the Department of De25 fense. 


emcdonald on DSK3SPTVN1PROD with BILLS
80 

HR 4909 PCS

1 (4) Assessment of novel or innovative con2 tracting mechanisms to speed delivery of capabilities 

3 to the Armed Forces. 

4 (5) Solicitation of operational user input to 

5 shape future information technology requirements of 

6 the Department of Defense. 

7 (c) LIMITATION ON AVAILABILITY OF FUNDS.—Of 

8 the amounts authorized to be appropriated for research, 

9 development, test, and evaluation, Defense-wide, for each 

10 of fiscal years 2017 through 2022, not more than 

11 $15,000,000 may be expended on the pilot program in any 

12 such fiscal year. 

13 SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF 

14 THE LABORATORIES AND TEST AND EVALUA15 TION CENTERS OF THE DEPARTMENT OF DE16 FENSE. 

17 (a) IN GENERAL.—The Assistant Secretaries shall 

18 jointly carry out a pilot program to demonstrate methods 

19 for the more effective development of research, develop20 ment, test, and evaluation functions. 

21 (b) SELECTION AND PRIORITY.—The Assistant Sec22 retaries shall jointly select not more than one laboratory 

23 and one test and evaluation center from each of the mili24 tary services to participate in the pilot program under sub25 section (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
81 

HR 4909 PCS

1 (c) PARTICIPATION IN PROGRAM.— 

2 (1) IN GENERAL.—Subject to paragraph (2), 

3 the director of a laboratory or test and evaluation 

4 center selected under subsection (b) shall propose 

5 and implement alternative and innovative methods of 

6 rapid project delivery, support, experimentation, 

7 prototyping, and partnership with universities and 

8 private sector entities to— 

9 (A) generate greater value and efficiencies 

10 in research and development activities per dol11 lar of cost; and 

12 (B) enable more rapid deployment of 

13 warfighter capabilities. 

14 (2) IMPLEMENTATION.—The director shall im15 plement each method proposed under paragraph (1) 

16 unless such method is disapproved by the Assistant 

17 Secretary concerned. 

18 (d) WAIVER AUTHORITY FOR DEMONSTRATION AND

19 IMPLEMENTATION.—Until the termination of the pilot 

20 program under subsection (f), the director of a laboratory 

21 or test and evaluation center selected under subsection (b) 

22 may waive any restriction or departmental instruction that 

23 would affect the implementation of a method proposed 

24 under subsection (c), unless such implementation would 

25 be prohibited by Federal law. 


emcdonald on DSK3SPTVN1PROD with BILLS
82 

HR 4909 PCS

1 (e) MINIMUM PARTICIPATION REQUIREMENT.—Each 

2 laboratory or test and evaluation center selected under 

3 subsection (b) shall participate in the pilot program under 

4 subsection (a) for a period of not fewer than six years be5 ginning not later than 180 days after the date of the en6 actment of this Act. 

7 (f) TERMINATION.—The pilot program under sub8 section (a) shall terminate on the date determined appro9 priate by the Secretary of Defense that is on or after the 

10 end of the six-year period described in subsection (e). 

11 (g) ASSISTANT SECRETARY DEFINED.—In this sec12 tion, the term ‘‘Assistant Secretary’’ means— 

13 (1) the Assistant Secretary of the Air Force for 

14 Acquisition, with respect to a working capital fund 

15 institution of the Air Force; 

16 (2) the Assistant Secretary of the Army for Ac17 quisition, Technology, and Logistics, with respect to 

18 a working capital fund institution of the Army; and 

19 (3) the Assistant Secretary of the Navy for Re20 search, Development, and Acquisition, with respect 

21 to a working capital fund institution of the Navy. 

22 SEC. 234. PILOT PROGRAM ON MODERNIZATION OF ELEC23 TROMAGNETIC SPECTRUM WARFARE SYS24 TEMS AND ELECTRONIC WARFARE SYSTEMS. 

25 (a) PILOT PROGRAM.— 


emcdonald on DSK3SPTVN1PROD with BILLS
83 

HR 4909 PCS

1 (1) IN GENERAL.—The Secretary of Defense 

2 may carry out a pilot program on the modernization 

3 of electromagnetic spectrum warfare systems and 

4 electronic warfare systems. 

5 (2) SELECTION.—If the Secretary carries out 

6 the pilot program under paragraph (1), the Elec7 tronic Warfare Executive Committee shall select 

8 from the list described in section 237(b)(4) a total 

9 of five electromagnetic spectrum warfare systems 

10 and electronic warfare systems across at least two 

11 military departments that are currently in 

12 sustainment for modernization under the pilot pro13 gram. 

14 (b) DEFINITIONS.—In this section: 

15 (1) The term ‘‘electromagnetic spectrum war16 fare’’ means electronic warfare that encompasses 

17 military communications and sensing operations that 

18 occur in the electromagnetic operational domain. 

19 (2) The term ‘‘electronic warfare’’ means mili20 tary action involving the use of electromagnetic and 

21 directed energy to control the electromagnetic spec22 trum or to attack the enemy. 


emcdonald on DSK3SPTVN1PROD with BILLS
84 

HR 4909 PCS

1 SEC. 235. INDEPENDENT REVIEW OF F/A–18 PHYSIO2 LOGICAL EPISODES AND CORRECTIVE AC3 TIONS. 

4 (a) INDEPENDENT REVIEW REQUIRED.—The Sec5 retary of the Navy shall conduct an independent review 

6 of the plans, programs, and research of the Department 

7 of the Navy with respect to— 

8 (1) physiological events affecting aircrew of the 

9 F/A–18 Hornet and the F/A–18 Super Hornet air10 craft during the covered period; and 

11 (2) the efforts of the Navy and Marine Corps 

12 to prevent and mitigate the affects of such physio13 logical events. 

14 (b) CONDUCT OF REVIEW.—In conducting the review 

15 under subsection (a), the Secretary of the Navy shall— 

16 (1) designate an appropriate senior official in 

17 the Office of the Secretary of the Navy to oversee 

18 the review; and 

19 (2) consult experts from outside the Depart20 ment of Defense in appropriate technical and med21 ical fields. 

22 (c) REVIEW ELEMENTS.—The review under sub23 section (a) shall include an evaluation of— 

24 (1) any data of the Department of the Navy re25 lating to the increased frequency of physiological 

26 events affecting aircrew of the F/A–18 Hornet and 


emcdonald on DSK3SPTVN1PROD with BILLS
85 

HR 4909 PCS

1 the F/A–18 Super Hornet aircraft during the cov2 ered period; 

3 (2) aircraft mishaps potentially related to such 

4 physiological events; 

5 (3) the cost and effectiveness of all material, 

6 operational, maintenance, and other measures car7 ried out by the Department of the Navy to mitigate 

8 such physiological events during the covered period; 

9 (4) material, operational, maintenance, or other 

10 measures that may reduce the rate of such physio11 logical events in the future; and 

12 (5) the performance of— 

13 (A) the onboard oxygen generation system 

14 in the F/A–18 Super Hornet; 

15 (B) the overall environmental control sys16 tem in the F/A–18 Hornet and F/A–18 Super 

17 Hornet; and 

18 (C) other relevant subsystems of the F/A– 

19 18 Hornet and F/A–18 Super Hornet, as deter20 mined by the Secretary. 

21 (d) REPORT REQUIRED.—Not later than December 

22 1, 2017, the Secretary of Navy shall submit to the con23 gressional defense committees a report that includes the 

24 results of the review under subsection (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
86 

HR 4909 PCS

1 (e) COVERED PERIOD.—In this section, the term 

2 ‘‘covered period’’ means the period beginning on January 

3 1, 2009, and ending on the date of the submission of the 

4 report under subsection (d). 

5 SEC. 236. STUDY ON HELICOPTER CRASH PREVENTION AND 

6 MITIGATION TECHNOLOGY. 

7 (a) STUDY REQUIRED.—The Secretary of Defense 

8 shall seek to enter into a contract with a federally funded 

9 research and development center to conduct a study on 

10 technologies with the potential to prevent and mitigate 

11 helicopter crashes. 

12 (b) ELEMENTS.—The study required under sub13 section (a) shall include the following: 

14 (1) Identification of technologies with the po15 tential— 

16 (A) to prevent helicopter crashes (such as 

17 collision avoidance technologies and battle space 

18 and terrain situational awareness technologies); 

19 and 

20 (B) to improve survivability among individ21 uals involved in such crashes (such as adaptive 

22 flight control technologies and improved energy 

23 absorbing technologies). 

24 (2) A cost-benefit analysis of each technology 

25 identified under paragraph (1) that takes into acVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
87 

HR 4909 PCS

1 count the cost of developing and deploying the tech2 nology compared to the potential of the technology 

3 to prevent casualties or injuries. 

4 (3) A list that ranks the technologies identified 

5 under paragraph (1) based on— 

6 (A) the results of the cost-benefit analysis 

7 under paragraph (2); and 

8 (B) the readiness level of each technology. 

9 (4) An analysis of helicopter crashes that— 

10 (A) compares the casualty rates of cockpit 

11 occupants to the casualty rates of occupants of 

12 cargo compartments and troop seats; and 

13 (B) identifies the root causes of the casual14 ties described in subparagraph (A). 

15 (c) BRIEFING.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary shall pro17 vide to the Committees on Armed Services of the Senate 

18 and House of Representatives (and other congressional de19 fense committees on request) a briefing that includes— 

20 (1) the results of the study required under sub21 section (a); and 

22 (2) the list described in subsection (b)(3). 


emcdonald on DSK3SPTVN1PROD with BILLS
88 

HR 4909 PCS

1 SEC. 237. REPORT ON ELECTRONIC WARFARE CAPABILI2 TIES. 

3 (a) REPORT REQUIRED.—Not later than April 1, 

4 2017, the Under Secretary of Defense for Acquisition, 

5 Technology, and Logistics, acting through the Electronic 

6 Warfare Executive Committee, shall submit to the con7 gressional defense committees a report on the electronic 

8 warfare capabilities of the Department of Defense. 

9 (b) ELEMENTS.—The report under subsection (a) 

10 shall include the following: 

11 (1) A strategy for advancing and accelerating 

12 research, development, test, and evaluation, and 

13 fielding, of electronic warfare capabilities to meet 

14 current and projected requirements, including rec15 ommendations for streamlining acquisition processes 

16 with respect to such capabilities. 

17 (2) A methodology for synchronizing and over18 seeing electronic warfare strategies, operational con19 cepts, and programs across the Department of De20 fense, including electronic warfare programs that 

21 support or enable cyber operations. 

22 (3) The training and operational support re23 quired for fielding and sustaining current and 

24 planned investments in electronic warfare capabili25 ties. 


emcdonald on DSK3SPTVN1PROD with BILLS
89 

HR 4909 PCS

1 (4) A comprehensive list of investments of the 

2 Department of Defense in electronic warfare capa3 bilities, including the capabilities to be developed, 

4 procured, or sustained in— 

5 (A) the budget of the President for fiscal 

6 year 2018 submitted to Congress under section 

7 1105(a) of title 31, United States Code; and 

8 (B) the future-years defense program sub9 mitted to Congress under section 221 of title 

10 10, United States Code, for that fiscal year. 

11 (5) Progress on increasing innovative electro12 magnetic spectrum warfighting methods and oper13 ational concepts that provide advantages within the 

14 electromagnetic spectrum operational domain. 

15 (6) Specific attributes needed in future elec16 tronic warfare capabilities, such as networking, 

17 adaptability, agility, multifunctionality, and minia18 turization, and progress toward incorporating such 

19 attributes in new electronic warfare systems. 

20 (7) Capability gaps with respect to asymmetric 

21 and near-peer adversaries identified pursuant to a 

22 capability gap assessment. 

23 (8) A joint strategy on achieving near real-time 

24 system adaption to rapidly advancing modern digital 

25 electronics. 


emcdonald on DSK3SPTVN1PROD with BILLS
90 

HR 4909 PCS

1 (9) Any other information the Secretary deter2 mines to be appropriate. 

3 (c) FORM.—The report under subsection (a) shall be 

4 submitted in unclassified form, but may include a classi5 fied annex. 

6 TITLE III—OPERATION AND 

7 MAINTENANCE 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2017 for the use of the Armed Forces and other 

13 activities and agencies of the Department of Defense for 

14 expenses, not otherwise provided for, for operation and 

15 maintenance, as specified in the funding table in section 

16 4301. 

17 SEC. 302. INCREASE IN FUNDING FOR CIVIL MILITARY PRO18 GRAMS. 

19 (a) INCREASE.—Notwithstanding the amounts set 

20 forth in the funding tables in division D, the amount au21 thorized to be appropriated for operation and mainte22 nance, Defense-wide, as specified in the corresponding 

23 funding table in section 4301, for Civil Military Programs 

24 is hereby increased by $15,000,000 (to be used in support 

25 of the National Guard Youth Challenge Program). 


emcdonald on DSK3SPTVN1PROD with BILLS
91 

HR 4909 PCS

1 (b) OFFSET.—Notwithstanding the amounts set forth 

2 in the funding tables in division D, the amount authorized 

3 to be appropriated for operation and maintenance, De4 fense-wide, as specified in the corresponding funding table 

5 in section 4301, for Operation and Maintenance, Defense6 wide is hereby reduced by $15,000,000. 

7 Subtitle B—Energy and 

8 Environment 

9 SEC. 311. RULE OF CONSTRUCTION REGARDING ALTER10 NATIVE FUEL PROCUREMENT REQUIRE11 MENT. 

12 Section 526 of the Energy Independence and Security 

13 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

14 amended by adding at the end the following: ‘‘This provi15 sion shall not be construed as a constraint on any conven16 tional or unconventional fuel procurement necessary for 

17 military operations, including for test and certification 

18 purposes.’’. 

19 SEC. 312. PRODUCTION AND USE OF NATURAL GAS AT 

20 FORT KNOX. 

21 (a) PRODUCTION AND USE OF NATURAL GAS AT

22 FORT KNOX.—Chapter 449 of title 10, United States 

23 Code, is amended by adding at the end the following new 

24 section: 


emcdonald on DSK3SPTVN1PROD with BILLS
92 

HR 4909 PCS

1 ‘‘§ 4781. Natural gas: production, treatment, manage2 ment, and use at Fort Knox, Kentucky 

3 ‘‘(a) AUTHORITY.—(1) The Secretary of the Army 

4 may provide for the production, treatment, management, 

5 and use of natural gas located under Fort Knox, Ken6 tucky, without regard to section 3 of the Mineral Leasing 

7 Act for Acquired Lands (30 U.S.C. 352). 

8 ‘‘(2) The Secretary is authorized to enter into a con9 tract with an appropriate entity to carry out paragraph 

10 (1). 

11 ‘‘(b) LIMITATION ON USES.—Any natural gas pro12 duced under subsection (a) may be used only to support 

13 activities and operations at Fort Knox and may not be 

14 sold for use elsewhere. 

15 ‘‘(c) OWNERSHIP OF FACILITIES.—The Secretary of 

16 the Army may take ownership of any gas production and 

17 treatment equipment and facilities and associated infra18 structure from an entity with which the Secretary has en19 tered into a contract under subsection (a) in accordance 

20 with the terms of the contract. 

21 ‘‘(d) APPLICABILITY.—The authority of the Sec22 retary of the Army under this section is effective as of 

23 August 2, 2007.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by adding 

26 at the end the following new item: 


emcdonald on DSK3SPTVN1PROD with BILLS
93 

HR 4909 PCS

‘‘4781. Natural gas: production, treatment, management, and use at Fort Knox, 

Kentucky.’’. 

1 SEC. 313. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS 

2 DISPOSAL. 

3 In carrying out the disposal of munitions in the stock4 pile of conventional ammunition awaiting demilitarization 

5 and disposal (commonly referred to as munitions in the 

6 ‘‘B5A account’’) the Secretary of the Army shall consider 

7 using cost-competitive technologies that minimize waste 

8 generation and air emissions as alternatives to disposal by 

9 open burning, open detonation, direct contact combustion, 

10 and incineration. 

11 SEC. 314. SENSE OF CONGRESS. 

12 It is the Sense of Congress that the Department of 

13 Defense should work with State and local health officials 

14 to prevent human exposure to perfluorinated chemicals. 

15 SEC. 315. PROHIBITION ON CARRYING OUT CERTAIN AU16 THORITIES RELATING TO CLIMATE CHANGE. 

17 (a) IN GENERAL.—None of the funds authorized to 

18 be appropriated by this Act or otherwise made available 

19 for fiscal year 2017 for the Department of Defense may 

20 be obligated or expended to carry out the provisions de21 scribed in subsection (b). 

22 (b) PROVISIONS.—The provisions described in this 

23 subsection are the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
94 

HR 4909 PCS

1 (1) Sections 2, 3, 4, 5, 6(b)(iii), and 6(c) of Ex2 ecutive Order 13653 (78 Fed. Reg. 66817, relating 

3 to preparing the United States for the impacts of 

4 climate change). 

5 (2) Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 

6 and 15(b) of Executive Order 13693 (80 Fed. Reg. 

7 15869, relating to planning for Federal sustain8 ability in the next decade). 

9 Subtitle C—Logistics and 

10 Sustainment 

11 SEC. 321. PILOT PROGRAM FOR INCLUSION OF CERTAIN IN12 DUSTRIAL PLANTS IN THE ARMAMENT RE13 TOOLING AND MANUFACTURING SUPPORT 

14 INITIATIVE. 

15 During the five-year period beginning on the date of 

16 the enactment of this Act, the Secretary of Defense shall 

17 treat a Government-owned, contractor-operated industrial 

18 plant of the Department of the Army as an eligible facility 

19 under section 4551(2) of title 10, United States Code. 

20 SEC. 322. PRIVATE SECTOR PORT LOADING ASSESSMENT. 

21 (a) ASSESSMENTS REQUIRED.—During the period 

22 beginning on the date of the enactment of this Act and 

23 ending on the date of the final briefing under subsection 

24 (d), the Secretary of the Navy shall conduct quarterly as25 sessments of Naval ship maintenance and loading activiVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
95 

HR 4909 PCS

1 ties carried out by private sector entities at each covered 

2 port. 

3 (b) ELEMENTS OF ASSESSMENTS.—Each assessment 

4 under subsection (a) shall include, with respect to each 

5 covered port, the following: 

6 (1) Resources per day, including daily ship 

7 availabilities and the workforce available to carry out 

8 maintenance and loading activities, for the fiscal 

9 year preceding the quarter covered by the assess10 ment through the end of such quarter. 

11 (2) Projected resources per day, including daily 

12 ship availabilities and the workforce available to 

13 carry out maintenance and loading activities, 

14 through the end of the second fiscal year beginning 

15 after the quarter covered by the assessment. 

16 (3) A description of the methods by which the 

17 Secretary communicates projected workloads to pri18 vate sector entities engaged in ship maintenance ac19 tivities and ship loading activities. 

20 (4) A description of any processes that have 

21 been implemented to allow for timely feedback from 

22 private sector entities engaged in ship maintenance 

23 activities and ship loading activities. 

24 (c) SENSE OF CONGRESS.—It is the Sense of Con25 gress that the Secretary should implement measures to 


emcdonald on DSK3SPTVN1PROD with BILLS
96 

HR 4909 PCS

1 minimize workload fluctuations at covered ports to sta2 bilize the private sector workforce and reduce the cost of 

3 maintenance availabilities. 

4 (d) BRIEFINGS REQUIRED.—Not later than October 

5 1, 2016, and on a quarterly basis thereafter until Sep6 tember 30, 2021, the Secretary shall provide to the Com7 mittees on Armed Services of the Senate and House of 

8 Representatives (and other congressional defense commit9 tees on request)— 

10 (1) a briefing on the results of the assessments 

11 conducted under subsection (a); and 

12 (2) a chart depicting the information described 

13 in paragraphs (1) and (2) of subsection (b) with re14 spect to each covered port. 

15 (e) COVERED PORTS.—In this section, the term ‘‘cov16 ered ports’’ means port facilities used by the Department 

17 of Defense in each of the following locations: 

18 (1) Mayport, Florida. 

19 (2) Norfolk, Virginia. 

20 (3) Pearl Harbor, Hawaii. 

21 (4) Puget Sound, Washington. 

22 (5) San Diego, California. 


emcdonald on DSK3SPTVN1PROD with BILLS
97 

HR 4909 PCS

1 SEC. 323. LIMITATION ON AVAILABILITY OF FUNDS FOR DE2 FENSE CONTRACT MANAGEMENT AGENCY. 

3 (a) LIMITATION.—Of the funds authorized to be ap4 propriated by this Act or otherwise made available for fis5 cal year 2017 for the operation of the Defense Contract 

6 Management Agency, not more than 90 percent may be 

7 obligated or expended in fiscal year 2017 until the Direc8 tor of the agency provides to the congressional defense 

9 committees the briefing under subsection (b). 

10 (b) BRIEFING.—The Director of the Defense Con11 tract Management Agency shall provide to the Committees 

12 on Armed Services of the Senate and House of Represent13 atives (and other congressional defense committees on re14 quest) a briefing that includes the following: 

15 (1) A plan describing how the agency will foster 

16 the adoption, implementation, and verification of 

17 item-unique identification standards for tangible per18 sonal property across the Department of Defense 

19 and the defense industrial base (as prescribed under 

20 Department of Defense Instruction 8320.04). 

21 (2) A description of the policies, procedures, 

22 staff training, and equipment needed to— 

23 (A) ensure contract compliance with item24 unique identification standards for all items 

25 that require unique item-level traceability at 

26 any time in their life cycle; 


emcdonald on DSK3SPTVN1PROD with BILLS
98 

HR 4909 PCS

1 (B) support counterfeit material risk re2 duction; and 

3 (C) provide for the systematic assessment 

4 and accuracy of item-unique identification 

5 marks. 

6 Subtitle D—Reports 

7 SEC. 331. MODIFICATION OF ANNUAL DEPARTMENT OF DE8 FENSE ENERGY MANAGEMENT REPORTS. 

9 (a) MODIFICATION OF ANNUAL REPORT RELATED

10 TO INSTALLATIONS ENERGY MANAGEMENT.—Subsection 

11 (a) of section 2925 of title 10, United States Code, is 

12 amended to read as follows: 

13 ‘‘(a) ANNUAL REPORT RELATED TO INSTALLATIONS

14 ENERGY MANAGEMENT.—Not later than 120 days after 

15 the end of each fiscal year ending before January 31, 

16 2021, the Secretary of Defense shall submit to the con17 gressional defense committees an installation energy re18 port detailing the fulfillment during that fiscal year of the 

19 energy performance goals for the Department of Defense 

20 under section 2911 of this title. Each report shall contain 

21 the following: 

22 ‘‘(1) The energy performance goals for the De23 partment of Defense with respect to transportation 

24 systems, support systems, utilities, and infrastruc25 ture and facilities for the fiscal year covered by the 


emcdonald on DSK3SPTVN1PROD with BILLS
99 

HR 4909 PCS

1 report and the next 5, 10, and 20 fiscal years, in2 cluding any changes to such energy performance 

3 goals since the submission of the previous report 

4 under this section. 

5 ‘‘(2) A master plan for the achievement of the 

6 energy performance goals of the Department of De7 fense, as such goals are set forth in any laws, regu8 lations, executive orders, or Department of Defense 

9 policies, including— 

10 ‘‘(A) a separate plan for each military de11 partment and Defense Agency; 

12 ‘‘(B) a standard for the measurement of 

13 energy consumed by transportation systems, 

14 support systems, utilities, and facilities and in15 frastructure, applied consistently across the 

16 military departments; 

17 ‘‘(C) a methodology for measuring reduc18 tions in energy consumption that accounts for 

19 changes— 

20 ‘‘(i) in the sizes of fleets; and 

21 ‘‘(ii) in the number and overall square 

22 footage of facility plants; 

23 ‘‘(D) standards to track annual progress in 

24 meeting energy performance goals; 


emcdonald on DSK3SPTVN1PROD with BILLS
100 

HR 4909 PCS

1 ‘‘(E) a description of any requirements and 

2 proposed investments relating to energy per3 formance goals included in the materials sub4 mitted in support of the budget of the Presi5 dent (as submitted to Congress under section 

6 1105(a) of title 31) for the fiscal year covered 

7 by the report; and 

8 ‘‘(F) a description of any energy savings 

9 resulting from the implementation of the mas10 ter plan or any other energy performance meas11 ures. 

12 ‘‘(3) A table listing all energy projects financed 

13 through third party financing mechanisms (including 

14 energy savings performance contracts, enhanced use 

15 leases, utility energy service contracts, utility privat16 ization agreements, and other contractual mecha17 nisms), including— 

18 ‘‘(A) the duration of each such mechanism, 

19 an estimate of the financial obligation incurred 

20 through the duration of each such mechanism, 

21 whether the project incorporates energy security 

22 into its design, and the estimated payback pe23 riod for each such mechanism; and 

24 ‘‘(B) any renewable energy certificates re25 lating to the project, including the purchasing 


emcdonald on DSK3SPTVN1PROD with BILLS
101 

HR 4909 PCS

1 authority for the certificates, the price of the 

2 certificates, and whether the certificates were 

3 bundled or unbundled. 

4 ‘‘(4) A description of the types and quantities 

5 of energy consumed by the Department of Defense 

6 and by members of the armed forces and civilian 

7 personnel residing or working on military installa8 tions during the fiscal year covered by the report, in9 cluding a breakdown of energy consumption by— 

10 ‘‘(A) user group; 

11 ‘‘(B) the type of energy consumed, includ12 ing the quantities of any renewable energy con13 sumed that was produced or procured by the 

14 Department of Defense; and 

15 ‘‘(C) the cost of the energy consumed. 

16 ‘‘(5) A description of the types and amount of 

17 financial incentives received under section 2913 of 

18 this title during the preceding fiscal year and the ap19 propriation account or accounts to which the incen20 tives were credited. 

21 ‘‘(6) A description and estimate of the progress 

22 made by the military departments in meeting the 

23 certification requirements for sustainable green24 building standards in construction and major ren25 ovations as required by section 433 of the Energy 


emcdonald on DSK3SPTVN1PROD with BILLS
102 

HR 4909 PCS

1 Independence and Security Act of 2007 (Public Law 

2 110–140; 121 Stat. 1612). 

3 ‘‘(7) Details of utility outages at military instal4 lations, including the total number and locations of 

5 outages, the financial impact of the outages, and 

6 measures taken to mitigate outages in the future at 

7 the affected locations and across the Department of 

8 Defense. 

9 ‘‘(8) A description of any other issues and 

10 strategies the Secretary determines relevant to a 

11 comprehensive and renewable energy policy.’’. 

12 (b) MODIFICATION OF ANNUAL REPORT RELATED

13 TO OPERATIONAL ENERGY.—Subsection (b) of section 

14 2925 of title 10, United States Code, is amended— 

15 (1) in paragraph (1), by striking ‘‘138c of this 

16 title’’ and inserting ‘‘2926(b) of this title’’; and 

17 (2) in paragraph (2), by adding at the end the 

18 following new subparagraph: 

19 ‘‘(H) The comments and recommendations of 

20 the Assistant Secretary under section 2926(c) of this 

21 title, including the certification required under para22 graph (3) of such section.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the date of the enactment 

25 of this Act and shall apply with respect to reports required 


emcdonald on DSK3SPTVN1PROD with BILLS
103 

HR 4909 PCS

1 to be submitted under section 2925 of title 10, United 

2 States Code, after such date. 

3 SEC. 332. REPORT ON EQUIPMENT PURCHASED FROM FOR4 EIGN ENTITIES AND AUTHORITY TO ADJUST 

5 ARMY ARSENAL LABOR RATES. 

6 (a) REPORT REQUIRED.—Not later than 30 days 

7 after the date on which the budget of the President for 

8 fiscal year 2018 is submitted to Congress pursuant to sec9 tion 1105 of title 31, Unites States Code, the Secretary 

10 of Defense shall submit to the congressional defense com11 mittees a report on the equipment, weapons, weapons sys12 tems, components, subcomponents, and end-items pur13 chased from foreign entities that identifies those items 

14 which could be manufactured in the military arsenals of 

15 the United States or the military depots of the United 

16 States to meet the goals of this section or section 2464 

17 of title 10, United States Code, as well as a plan for mov18 ing that workload into such arsenals or depots. 

19 (b) ELEMENTS.—The report under subsection (a) 

20 shall include each of the following: 

21 (1) A list of items identified in the report re22 quired under section 333 of the National Defense 

23 Authorization Act for Fiscal Year 2016 (Public Law 

24 114–92; 129 Stat. 792) and a list of any items purVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
104 

HR 4909 PCS

1 chased from foreign manufacturers after the date of 

2 the submission of such report that are— 

3 (A) described in section 8302(a)(1) of title 

4 41, United States Code, and purchased from a 

5 foreign manufacturer by reason of an exception 

6 under section 8302(a)(2)(A) or section 

7 8302(a)(2)(B) of such title; 

8 (B) described in section 2533b(a)(1) of 

9 title 10, United States Code, and purchased 

10 from a foreign manufacturer by reason of an 

11 exception under section 2533b(b); and 

12 (C) described in section 2534(a) of such 

13 title and purchased from a foreign manufac14 turer by reason of a waiver exercised under 

15 paragraph (1), (2), (4), or (5) of section 

16 2534(d) of such title. 

17 (2) An assessment of the skills required to 

18 manufacture the items described in paragraph (1) 

19 and a comparison of those skills with skills required 

20 to meet the critical capabilities identified in the re21 port of the Army to Congress on Critical Manufac22 turing Capabilities and Capacities, dated August 

23 2013, and the core logistics capabilities identified by 

24 each military service pursuant to section 2464 of 


emcdonald on DSK3SPTVN1PROD with BILLS
105 

HR 4909 PCS

1 title 10, United States Code, as of the date of the 

2 enactment of this Act. 

3 (3) An identification of the tooling, equipment, 

4 and facilities upgrades necessary for a military arse5 nal or depot to manufacture items described in para6 graph (1). 

7 (4) An identification of items described in para8 graph (1) most appropriate for transfer to military 

9 arsenals or depots to meet the goals of this section 

10 or the requirements of section 2464 of title 10, 

11 United States Code. 

12 (5) An explanation of the rationale for con13 tinuing to sole-source the manufacturing of items 

14 described in paragraph (1) from a foreign source 

15 rather than a military arsenal, depot, or other or16 ganic facility. 

17 (6) Such other information the Secretary deter18 mines to be appropriate. 

19 (c) AUTHORITY TO ADJUST LABOR RATES TO RE20 FLECT WORK PRODUCTION.— 

21 (1) IN GENERAL.—Not later than March 1, 

22 2017, the Secretary of Defense shall establish a two23 year pilot program for the purpose of permitting the 

24 Army arsenals to adjust periodically, throughout the 


emcdonald on DSK3SPTVN1PROD with BILLS
106 

HR 4909 PCS

1 year, their labor rates charged to customers based 

2 upon changes in workload and other factors. 

3 (2) BRIEFING.—Not later than May 1, 2019, 

4 the Secretary of Defense shall provide to the Com5 mittees on Armed Services of the Senate and the 

6 House of Representatives a briefing that assesses— 

7 (A) each Army arsenal’s changes in labor 

8 rates throughout the previous year; 

9 (B) the ability of each arsenal to meet the 

10 costs of their working-capital funds; and 

11 (C) the effect on arsenal workloads of 

12 labor rate changes. 

13 SEC. 333. REPORT ON AVERAGE TRAVEL COSTS OF MEM14 BERS OF THE RESERVE COMPONENTS. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary of Defense shall submit 

17 to Congress a report on the travel expenses of members 

18 of reserve components associated with performing active 

19 duty service, active service, full-time National Guard duty, 

20 active Guard and Reserve duty, and inactive-duty training, 

21 as such terms are defined in section 101(d) of title 10, 

22 United States Code. Such report shall include the average 

23 annual cost for all travel expenses for a member of a re24 serve component. 


emcdonald on DSK3SPTVN1PROD with BILLS
107 

HR 4909 PCS

1 Subtitle E—Other Matters 

2 SEC. 341. EXPLOSIVE ORDNANCE DISPOSAL CORPS. 

3 Section 3063 of title 10, United States Code, is 

4 amended— 

5 (1) in paragraph (12), by striking ‘‘and’’ at the 

6 end; 

7 (2) by redesignating paragraph (13) as para8 graph (14); and 

9 (3) by inserting after paragraph (12) the fol10 lowing new paragraph (13): 

11 ‘‘(13) Explosive Ordnance Disposal Corps; 

12 and’’. 

13 SEC. 342. EXPLOSIVE ORDNANCE DISPOSAL PROGRAM. 

14 (a) IN GENERAL.—Chapter 136 of title 10, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 2283. Explosive ordnance disposal program 

18 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

19 carry out a program to be known as the ‘Explosive Ord20 nance Disposal Program’ (in this section referred to as 

21 the ‘Program’) under which the Secretary shall ensure 

22 close and continuous coordination between the military de23 partments on matters relating to explosive ordnance dis24 posal. 


emcdonald on DSK3SPTVN1PROD with BILLS
108 

HR 4909 PCS

1 ‘‘(b) ROLES, RESPONSIBILITIES, AND AUTHORI2 TIES.—In carrying out the Program under subsection 

3 (a)— 

4 ‘‘(1) the Secretary of Defense shall— 

5 ‘‘(A) assign responsibility for the coordina6 tion and integration of explosive ordnance dis7 posal to a single office or entity in the Office 

8 of the Secretary of Defense; 

9 ‘‘(B) designate the Secretary of the Navy, 

10 or a designee of the Secretary’s choice, as the 

11 executive agent for the Department of Defense 

12 to coordinate and integrate research, develop13 ment, test, and evaluation activities and pro14 curement activities of the military departments 

15 with respect to explosive ordnance disposal; and 

16 ‘‘(C) exercise oversight over explosive ord17 nance disposal through the Defense Acquisition 

18 Board process; and 

19 ‘‘(2) the Secretary of each military department 

20 shall assess the needs of the military department 

21 concerned with respect to explosive ordnance dis22 posal and may carry out research, development, test, 

23 and evaluation activities and procurement activities 

24 to address such needs. 


emcdonald on DSK3SPTVN1PROD with BILLS
109 

HR 4909 PCS

1 ‘‘(c) ANNUAL BUDGET JUSTIFICATION DOCU2 MENTS.— (1) The Secretary of Defense shall submit to 

3 Congress, as a part of the defense budget materials for 

4 each fiscal year after fiscal year 2017, a consolidated 

5 budget justification display, in classified and unclassified 

6 form, that covers all activities of Department of Defense 

7 relating to the Program. 

8 ‘‘(2) The budget display under paragraph (1) for a 

9 fiscal year shall include a single program element for each 

10 of the following: 

11 ‘‘(A) Research, development, test, and evalua12 tion. 

13 ‘‘(B) Procurement. 

14 ‘‘(C) Military construction. 

15 ‘‘(d) MANAGEMENT REVIEW.—(1) The Secretary of 

16 Defense, acting through the Office of the Secretary of De17 fense assigned responsibility for the coordination and inte18 gration of explosive ordnance disposal under subsection 

19 (b)(1)(A), shall conduct a review of the management 

20 structure of the Program, including— 

21 ‘‘(A) research, development, test, and evalua22 tion; 

23 ‘‘(B) procurement; 

24 ‘‘(C) doctrine development; 

25 ‘‘(D) policy; 


emcdonald on DSK3SPTVN1PROD with BILLS
110 

HR 4909 PCS

1 ‘‘(E) training; 

2 ‘‘(F) development of requirements; 

3 ‘‘(G) readiness; and 

4 ‘‘(H) risk assessment. 

5 ‘‘(2) Not later than May 1, 2018, the Secretary shall 

6 provide to the Committees on Armed Services of the Sen7 ate and the House of Representatives a briefing that in8 cludes— 

9 ‘‘(A) the results of the review described in para10 graph (1); and 

11 ‘‘(B) a description of any measures undertaken 

12 to improve joint coordination and oversight of the 

13 Program and ensure a coherent and effective ap14 proach to its management. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘explosive ordnance’ means any 

17 munition containing explosives, nuclear fission or fu18 sion materials, or biological or chemical agents, in19 cluding— 

20 ‘‘(A) bombs and warheads; 

21 ‘‘(B) guided and ballistic missiles; 

22 ‘‘(C) artillery, mortar, rocket, and 

23 small arms munitions; 

24 ‘‘(D) mines, torpedoes, and depth 

25 charges; 


emcdonald on DSK3SPTVN1PROD with BILLS
111 

HR 4909 PCS

1 ‘‘(E) demolition charges; 

2 ‘‘(F) pyrotechnics; 

3 ‘‘(G) clusters and dispensers; 

4 ‘‘(H) cartridge and propellant actu5 ated devices; 

6 ‘‘(I) electro-explosive devices; and 

7 ‘‘(J) clandestine and improvised explo8 sive devices. 

9 ‘‘(2) The term ‘disposal’ means, with respect to 

10 explosive ordnance, the detection, identification, field 

11 evaluation, defeat, disablement, or rendering safe, 

12 recovery and exploitation, and final disposition of 

13 the ordnance.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter is amended by adding 

16 at the end the following new item: 

‘‘2283. Explosive ordnance disposal program.’’. 

17 SEC. 343. EXPANSION OF DEFINITION OF STRUCTURES 

18 INTERFERING WITH AIR COMMERCE AND NA19 TIONAL DEFENSE. 

20 (a) NOTICE.—Section 44718(a) of title 49, United 

21 States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (2), by striking the period at 

25 the end and inserting ‘‘; or’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
112 

HR 4909 PCS

1 (3) by adding at the end the following: 

2 ‘‘(3) the interests of national security, as deter3 mined by the Secretary of Defense.’’. 

4 (b) STUDIES.—Section 44718(b) of title 49, United 

5 States Code, is amended to read as follows: 

6 ‘‘(b) STUDIES.— 

7 ‘‘(1) IN GENERAL.—Under regulations pre8 scribed by the Secretary, if the Secretary decides 

9 that constructing or altering a structure may result 

10 in an obstruction of the navigable airspace, an inter11 ference with air navigation facilities and equipment 

12 or the navigable airspace, or, after consultation with 

13 the Secretary of Defense, an unacceptable risk to 

14 the national security of the United States, the Sec15 retary shall conduct an aeronautical study to decide 

16 the extent of such impacts on the safe and efficient 

17 use of the airspace, facilities, or equipment. In con18 ducting the study, the Secretary shall— 

19 ‘‘(A) consider factors relevant to the effi20 cient and effective use of the navigable airspace, 

21 including— 

22 ‘‘(i) the impact on arrival, departure, 

23 and en route procedures for aircraft oper24 ating under visual flight rules; 


emcdonald on DSK3SPTVN1PROD with BILLS
113 

HR 4909 PCS

1 ‘‘(ii) the impact on arrival, departure, 

2 and en route procedures for aircraft oper3 ating under instrument flight rules; 

4 ‘‘(iii) the impact on existing public-use 

5 airports and aeronautical facilities; 

6 ‘‘(iv) the impact on planned public-use 

7 airports and aeronautical facilities; 

8 ‘‘(v) the cumulative impact resulting 

9 from the proposed construction or alter10 ation of a structure when combined with 

11 the impact of other existing or proposed 

12 structures; and 

13 ‘‘(vi) other factors relevant to the effi14 cient and effective use of navigable air15 space; and 

16 ‘‘(B) include the finding made by the Sec17 retary of Defense under subsection (f). 

18 ‘‘(2) REPORT.—On completing the study, the 

19 Secretary shall issue a report disclosing the extent of 

20 the— 

21 ‘‘(A) adverse impact on the safe and effi22 cient use of the navigable airspace that the Sec23 retary finds will result from constructing or al24 tering the structure; and 


emcdonald on DSK3SPTVN1PROD with BILLS
114 

HR 4909 PCS

1 ‘‘(B) unacceptable risk to the national se2 curity of the United States, as determined by 

3 the Secretary of Defense under subsection (f).’’. 

4 (c) NATIONAL SECURITY FINDING; DEFINITION.— 

5 Section 44718 of title 49, United States Code, is amended 

6 by adding at the end the following: 

7 ‘‘(f) NATIONAL SECURITY FINDING.—As part of an 

8 aeronautical study conducted under subsection (b), the 

9 Secretary of Defense shall— 

10 ‘‘(1) make a finding on whether the construc11 tion, alteration, establishment, or expansion of a 

12 structure or sanitary landfill included in the study 

13 would result in an unacceptable risk to the national 

14 security of the United States; and 

15 ‘‘(2) transmit the finding to the Secretary of 

16 Transportation for inclusion in the report required 

17 under subsection (b)(2). 

18 ‘‘(g) UNACCEPTABLE RISK TO NATIONAL SECURITY

19 OF UNITED STATES DEFINED.—In this section, the term 

20 ‘unacceptable risk to the national security of the United 

21 States’ has the meaning given the term in section 211.3 

22 of title 32, Code of Federal Regulations, as in effect on 

23 January 6, 2014.’’. 

24 (d) CONFORMING AMENDMENTS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
115 

HR 4909 PCS

1 (1) SECTION HEADING.—Section 44718 of title 

2 49, United States Code, is amended in the section 

3 heading by inserting ‘‘or national security’’ 

4 after ‘‘air commerce’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 447 of title 49, 

7 United States Code, is amended by striking the item 

8 relating to section 44718 and inserting the fol9 lowing: 

‘‘44718. Structures interfering with air commerce or national security.’’. 

10 SEC. 344. DEVELOPMENT OF PERSONAL PROTECTIVE 

11 EQUIPMENT FOR FEMALE MARINES AND SOL12 DIERS. 

13 The Secretary of the Navy and the Commandant of 

14 the Marine Corps shall work in coordination with the Sec15 retary of the Army to develop, not later than April 1, 

16 2017, a joint acquisition strategy to provide more effective 

17 personal protective equipment and organizational clothing 

18 and equipment to meet the specific and unique require19 ments for female Marines and soldiers. 

20 SEC. 345. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF 

21 THE DEPARTMENT OF DEFENSE. 

22 (a) STUDY REQUIRED.—Not later than 90 days after 

23 the date of the enactment of this Act, the Secretary of 

24 Defense shall seek to enter into a contract with a federally 

25 funded research and development center to conduct an 


emcdonald on DSK3SPTVN1PROD with BILLS
116 

HR 4909 PCS

1 independent study on the space-available travel system of 

2 the Department of Defense. 

3 (b) REPORT REQUIRED.—Not later than 180 days 

4 after entering into a contract with a federally funded re5 search and development center under subsection (a), the 

6 Secretary shall submit to the congressional defense com7 mittees a report summarizing the results of the study con8 ducted under such subsection. 

9 (c) ELEMENTS.—The report under subsection (b) 

10 shall include, with respect to the space-available travel sys11 tem, the following: 

12 (1) A determination of— 

13 (A) the capacity of the system as of the 

14 date of the enactment of this Act; 

15 (B) the projected capacity of the system 

16 for the 10-year period following such date of 

17 enactment; and 

18 (C) the projected number of reserve retir19 ees, active duty retirees, and dependents of 

20 such retirees that will exist by the end of such 

21 10-year period. 

22 (2) Estimates of system capacity based the pro23 jections described in paragraph (1). 

24 (3) A discussion of the efficiency of the system 

25 and data regarding the use of available space with 


emcdonald on DSK3SPTVN1PROD with BILLS
117 

HR 4909 PCS

1 respect to each category of passengers eligible for 

2 space-available travel under existing regulations. 

3 (4) A description of the effect on system capac4 ity if eligibility for space-available travel is extended 

5 to— 

6 (A) drilling reserve component personnel 

7 and dependents of such personnel on inter8 national flights; 

9 (B) dependents of reserve component retir10 ees who are less than 60 years of age; 

11 (C) retirees who are less than 60 years of 

12 age on international flights; and 

13 (D) drilling reserve component personnel 

14 traveling to drilling locations. 

15 (5) A discussion of logistical and management 

16 problems, including congestion at terminals, waiting 

17 times, lodging availability, and personal hardships 

18 experienced by travelers. 

19 (6) An evaluation of the cost of the system and 

20 whether space-available travel is and can remain 

21 cost-neutral. 

22 (7) An evaluation of the feasibility of expanding 

23 the categories of passengers eligible for space-avail24 able travel to include— 


emcdonald on DSK3SPTVN1PROD with BILLS
118 

HR 4909 PCS

1 (A) in the case of overseas travel, retired 

2 members of an active or reserve component, in3 cluding retired members of reserve components, 

4 who, but for being under the eligibility age ap5 plicable to the member under section 12731 of 

6 title 10, United States Code, would be eligible 

7 for retired pay under chapter 1223 of such 

8 title; and 

9 (B) unremarried widows and widowers of 

10 active or reserve component members of the 

11 Armed Forces. 

12 (8) Such other factors relating to the efficiency 

13 and cost of the system as the Secretary determines 

14 to be appropriate. 

15 (d) ADDITIONAL RESPONSIBILITIES.—In addition to 

16 carrying out subsections (a) through (c), the Secretary of 

17 Defense shall— 

18 (1) analyze the methods used to prioritize 

19 among the categories of individuals eligible for 

20 space-available travel and make recommendations 

21 for— 

22 (A) re-ordering the priority of such cat23 egories; and 

24 (B) adding additional categories of eligible 

25 individuals; and 


emcdonald on DSK3SPTVN1PROD with BILLS
119 

HR 4909 PCS

1 (2) collect data on travelers who request but do 

2 not obtain available travel spaces under the space3 available travel system. 

4 SEC. 346. SUPPLY OF SPECIALTY MOTORS FROM CERTAIN 

5 MANUFACTURERS. 

6 To ensure that an adequate, competitive supply of 

7 custom designed motors is available to the Department of 

8 Defense, particularly to meet its replacement motor re9 quirements for older equipment, and to protect small busi10 nesses that supply such motors to the Department of De11 fense, the requirements of section 431.25 of title 10, Code 

12 of Federal Regulations, shall not be enforced against man13 ufacturers of specialty motors, whether characterized by 

14 the Department as special purpose or definite purpose mo15 tors, provided that such manufacturers qualify as small 

16 businesses and provided further that such manufacturers 

17 do not also manufacture general purpose motors and pro18 vided further that such manufacturers were in the busi19 ness of manufacturing such motors on June 1, 2016. 


emcdonald on DSK3SPTVN1PROD with BILLS
120 

HR 4909 PCS

1 SEC. 347. LIMITATION ON USE OF CERTAIN FUNDS UNTIL 

2 ESTABLISHMENT AND IMPLEMENTATION OF 

3 REQUIRED PROCESS BY WHICH MEMBERS OF 

4 THE ARMED FORCES MAY CARRY APPRO5 PRIATE FIREARMS ON MILITARY INSTALLA6 TIONS. 

7 Of the amounts authorized to be appropriated for Op8 eration and Maintenance, Defense-Wide, for the Office of 

9 the Under Secretary of Defense for Policy, for fiscal year 

10 2017, not more than 85 percent of such amounts may be 

11 obligated or expended until the Secretary of Defense es12 tablishes and implements the process by which members 

13 of the Armed Forces may carry an appropriate firearm 

14 on a military installation, as required by section 526 of 

15 the National Defense Authorization Act for Fiscal Year 

16 2016 (Public Law 114–92; 129 Stat. 813; 10 U.S.C. 2672 

17 note). 

18 SEC. 348. MOTOR CARRIER SAFETY PERFORMANCE AND 

19 SAFETY TECHNOLOGY. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that the Secretary of Defense, acting through the 

22 commander of the United States Transportation Com23 mand, should reassess the guidelines for the evaluation of 

24 motor carrier safety performance under the Transpor25 tation Protective Services program taking into consider26 ation the Government Accountability Office report numVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
121 

HR 4909 PCS

1 bered GAO-16-82 and titled ‘‘Defense Transportation; 

2 DoD Needs to Improve the Evaluation of Safety and Per3 formance Information for Carriers Transporting Security4 Sensitive Materials’’. 

5 (b) EVALUATION OF SAFETY TECHNOLOGY.—To 

6 avoid catastrophic accidents and exposure of material, the 

7 Secretary shall evaluate the need for proven safety tech8 nology in vehicles transporting Transportation Protective 

9 Services shipments, such as electronic logging devices, roll 

10 stability control, forward collision avoidance, lane depar11 ture warning systems, and speed limiters. 

12 SEC. 349. BRIEFING ON WELL-DRILLING CAPABILITIES OF 

13 ACTIVE DUTY AND RESERVE COMPONENTS. 

14 (a) BRIEFING REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall provide to the Committees on Armed 

17 Services of the Senate and the House of Representatives 

18 (and other congressional defense committees on request) 

19 a briefing on the well-drilling capabilities of the active and 

20 reserve components. 

21 (b) ELEMENTS.—The briefing under subsection (a) 

22 shall include a description of— 

23 (1) the training requirements of active and re24 serve units with well-drilling capabilities; 


emcdonald on DSK3SPTVN1PROD with BILLS
122 

HR 4909 PCS

1 (2) the locations at which such units conduct 

2 training relating to well-drilling; and 

3 (3) the cost and feasibility of rotating the train4 ing locations of such units to areas in the United 

5 States that are affected by drought conditions. 

6 SEC. 350. ACCESS TO WIRELESS HIGH-SPEED INTERNET 

7 AND NETWORK CONNECTIONS FOR CERTAIN 

8 MEMBERS OF THE ARMED FORCES DE9 PLOYED OVERSEAS. 

10 Consistent with section 2492a of title 10, United 

11 States Code, the Secretary of Defense is encouraged to 

12 enter into contracts with third-party vendors in order to 

13 provide members of the Armed Forces who are deployed 

14 overseas at any United States military facility, at which 

15 wireless high-speed Internet and network connections are 

16 otherwise available, with access to such Internet and net17 work connections without charge. 

18 SEC. 351. SYSTEM FOR COMMUNICATING AVAILABILITY OF 

19 SURPLUS AMMUNITION. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of Defense shall implement 

22 a formal process to provide Government agencies outside 

23 the Department of Defense with information on the avail24 ability of surplus, serviceable ammunition for the purpose 


emcdonald on DSK3SPTVN1PROD with BILLS
123 

HR 4909 PCS

1 of reducing the overall storage and disposal costs related 

2 to such ammunition. 

3 SEC. 352. INCREASE IN FUNDING FOR NATIONAL GUARD 

4 COUNTER-DRUG PROGRAMS. 

5 (a) INCREASE.—Notwithstanding the amounts set 

6 forth in the funding tables in division D, the amount au7 thorized to be appropriated in section 1404 for drug inter8 diction and counter-drug activities, as specified in the cor9 responding funding table in section 4501, for drug inter10 diction and counter-drug activities, Defense-wide is hereby 

11 increased by $30,000,000 (to be used in support of the 

12 National Guard counter-drug programs). 

13 (b) OFFSET.—Notwithstanding the amounts set forth 

14 in the funding tables in division D— 

15 (1) the amount authorized to be appropriated 

16 for in section 101 for procurement, as specified in 

17 the corresponding funding table in section 4101, for 

18 Aircraft Procurement, Navy, for Common Ground 

19 Equipment (Line 064), is hereby reduced by 

20 $20,000,000; and 

21 (2) the amount authorized to be appropriated in 

22 section 201 for research, development, test, and 

23 evaluation, as specified in the corresponding funding 

24 table in section 4201, for advanced component devel25 opment and prototypes, Advanced Innovative TechVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
124 

HR 4909 PCS

1 nologies (Line 095) is hereby reduced by 

2 $10,000,000. 

3 TITLE IV—MILITARY 

4 PERSONNEL AUTHORIZATIONS 

5 Subtitle A—Active Forces 

6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

7 The Armed Forces are authorized strengths for active 

8 duty personnel as of September 30, 2017, as follows: 

9 (1) The Army, 480,000. 

10 (2) The Navy, 324,615. 

11 (3) The Marine Corps, 185,000. 

12 (4) The Air Force, 321,000. 

13 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 

14 STRENGTH MINIMUM LEVELS. 

15 Section 691(b) of title 10, United States Code, is 

16 amended by striking paragraphs (1) through (4) and in17 serting the following new paragraphs: 

18 ‘‘(1) For the Army, 480,000. 

19 ‘‘(2) For the Navy, 324,615. 

20 ‘‘(3) For the Marine Corps, 185,000. 

21 ‘‘(4) For the Air Force, 321,000.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
125 

HR 4909 PCS

1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2017, as follows: 

6 (1) The Army National Guard of the United 

7 States, 350,000. 

8 (2) The Army Reserve, 205,000. 

9 (3) The Navy Reserve, 58,000. 

10 (4) The Marine Corps Reserve, 38,500. 

11 (5) The Air National Guard of the United 

12 States, 105,700. 

13 (6) The Air Force Reserve, 69,000. 

14 (7) The Coast Guard Reserve, 7,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 


emcdonald on DSK3SPTVN1PROD with BILLS
126 

HR 4909 PCS

1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve for any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2017, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 30,155. 

23 (2) The Army Reserve, 16,261. 

24 (3) The Navy Reserve, 9,955. 

25 (4) The Marine Corps Reserve, 2,261. 


emcdonald on DSK3SPTVN1PROD with BILLS
127 

HR 4909 PCS

1 (5) The Air National Guard of the United 

2 States, 14,764. 

3 (6) The Air Force Reserve, 2,955. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2017 for the re8 serve components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

11 (1) For the Army National Guard of the United 

12 States, 25,507. 

13 (2) For the Army Reserve, 7,570. 

14 (3) For the Air National Guard of the United 

15 States, 22,103. 

16 (4) For the Air Force Reserve, 10,061. 

17 SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.— 

20 (1) NATIONAL GUARD.—Within the limitation 

21 provided in section 10217(c)(2) of title 10, United 

22 States Code, the number of non-dual status techni23 cians employed by the National Guard as of Sep24 tember 30, 2017, may not exceed the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
128 

HR 4909 PCS

1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2017, may not exceed 420. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2017, may not exceed 

11 90. 

12 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

13 this section, the term ‘‘non-dual status technician’’ has the 

14 meaning given that term in section 10217(a) of title 10, 

15 United States Code. 

16 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU17 THORIZED TO BE ON ACTIVE DUTY FOR 

18 OPERATIONAL SUPPORT. 

19 During fiscal year 2017, the maximum number of 

20 members of the reserve components of the Armed Forces 

21 who may be serving at any time on full-time operational 

22 support duty under section 115(b) of title 10, United 

23 States Code, is the following: 

24 (1) The Army National Guard of the United 

25 States, 17,000. 


emcdonald on DSK3SPTVN1PROD with BILLS
129 

HR 4909 PCS

1 (2) The Army Reserve, 13,000. 

2 (3) The Navy Reserve, 6,200. 

3 (4) The Marine Corps Reserve, 3,000. 

4 (5) The Air National Guard of the United 

5 States, 16,000. 

6 (6) The Air Force Reserve, 14,000. 

7 SEC. 416. SENSE OF CONGRESS ON FULL-TIME SUPPORT 

8 FOR THE ARMY NATIONAL GUARD. 

9 It is the sense of Congress that— 

10 (1) an adequately supported, full-time support 

11 force consisting of active and reserve personnel and 

12 military technicians for the Army National Guard is 

13 essential to maintaining the readiness of the Army 

14 National Guard; 

15 (2) the full-time support force for the Army 

16 National Guard is the primary mechanism through 

17 which the programs of the Army and the Depart18 ment of Defense are delivered to all 350,000 soldiers 

19 of the Army National Guard; 

20 (3) reductions in active and reserve personnel 

21 and military technicians since 2014, totaling 2401, 

22 have adversely impacted the readiness of the Army 

23 National Guard; 

24 (4) the growth in the full-time support force for 

25 the Army National Guard since 2014 is due solely 


emcdonald on DSK3SPTVN1PROD with BILLS
130 

HR 4909 PCS

1 to validated requirements originating before Sep2 tember 11, 2001, and not war-time growth; 

3 (5) funding for the full-time support force for 

4 the Army National Guard has never exceeded 72 

5 percent of the validated requirement of the head6 quarters of the Department of the Army; 

7 (6) the current size of the full-time support 

8 force for the Army National Guard is the minimum 

9 required to maintain foundational readiness require10 ments; and 

11 (7) further reducing the size of the full-time 

12 support force for the Army National Guard will have 

13 adverse and long-lasting impacts on readiness. 

14 Subtitle C—Authorization of 

15 Appropriations 

16 SEC. 421. MILITARY PERSONNEL. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal year 

19 2017 for the use of the Armed Forces and other activities 

20 and agencies of the Department of Defense for expenses, 

21 not otherwise provided for, for military personnel, as spec22 ified in the funding table in section 4401. 

23 (b) CONSTRUCTION OF AUTHORIZATION.—The au24 thorization of appropriations in subsection (a) supersedes 


emcdonald on DSK3SPTVN1PROD with BILLS
131 

HR 4909 PCS

1 any other authorization of appropriations (definite or in2 definite) for such purpose for fiscal year 2017. 

3 TITLE V—MILITARY PERSONNEL 

4 POLICY 

5 Subtitle A—Officer Personnel 

6 Policy 

7 SEC. 501. NUMBER OF MARINE CORPS GENERAL OFFICERS. 

8 (a) DISTRIBUTION OF COMMISSIONED OFFICERS ON

9 ACTIVE DUTY IN GENERAL OFFICER AND FLAG OFFICER

10 GRADES.—Section 525(a)(4) of title 10, United States 

11 Code, is amended— 

12 (1) in subparagraph (B), by striking ‘‘15’’ and 

13 inserting ‘‘17’’; and 

14 (2) in subparagraph (C), by striking ‘‘23’’ and 

15 inserting ‘‘22’’. 

16 (b) GENERAL AND FLAG OFFICERS ON ACTIVE

17 DUTY.—Section 526(a)(4) of such title is amended by 

18 striking ‘‘61’’ and inserting ‘‘62’’. 

19 (c) DEPUTY COMMANDANTS.—Section 5045 of such 

20 title is amended by striking ‘‘six’’ and inserting ‘‘seven’’. 

21 SEC. 502. EQUAL CONSIDERATION OF OFFICERS FOR 

22 EARLY RETIREMENT OR DISCHARGE. 

23 Section 638a of title 10, United States Code, is 

24 amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
132 

HR 4909 PCS

1 (1) in subsection (b), by adding at the end the 

2 following new paragraph: 

3 ‘‘(4) Convening selection boards under section 

4 611(b) of this title to consider for early retirement 

5 or discharge regular officers on the active-duty list 

6 in a grade below lieutenant colonel or commander— 

7 ‘‘(A) who have served at least one year of 

8 active duty in the grade currently held; and 

9 ‘‘(B) whose names are not on a list of offi10 cers recommended for promotion.’’; 

11 (2) by redesignating subsection (e) as sub12 section (f); and 

13 (3) by inserting after subsection (d) the fol14 lowing new subsection (e): 

15 ‘‘(e)(1) In the case of action under subsection (b)(4), 

16 the Secretary of the military department concerned shall 

17 specify the total number of officers described in that sub18 section that a selection board convened under section 

19 611(b) of this title pursuant to the authority of that sub20 section may recommend for early retirement or discharge. 

21 Officers who are eligible, or are within two years of becom22 ing eligible, to be retired under any provision of law (other 

23 than by reason of eligibility pursuant to section 4403 of 

24 the National Defense Authorization Act for Fiscal Year 

25 1993 (Public Law 102–484)), if selected by the board, 


emcdonald on DSK3SPTVN1PROD with BILLS
133 

HR 4909 PCS

1 shall be retired or retained until becoming eligible to retire 

2 under sections 3911, 6323, or 8911 of this title, and those 

3 officers who are otherwise ineligible to retire under any 

4 provision of law shall, if selected by the board, be dis5 charged. 

6 ‘‘(2) In the case of action under subsection (b)(4), 

7 the Secretary of the military department concerned may 

8 submit to a selection board convened pursuant to that sub9 section— 

10 ‘‘(A) the names of all eligible officers described 

11 in that subsection, whether or not they are eligible 

12 to be retired under any provision of law, in a par13 ticular grade and competitive category; or 

14 ‘‘(B) the names of all eligible officers described 

15 in that subsection in a particular grade and competi16 tive category, whether or not they are eligible to be 

17 retired under any provision of law, who are also in 

18 particular year groups, specialties, or retirement cat19 egories, or any combination thereof, with that com20 petitive category. 

21 ‘‘(3) The number of officers specified under para22 graph (1) may not be more than 30 percent of the number 

23 of officers considered. 

24 ‘‘(4) An officer who is recommended for discharge by 

25 a selection board convened pursuant to the authority of 


emcdonald on DSK3SPTVN1PROD with BILLS
134 

HR 4909 PCS

1 subsection (b)(4) and whose discharge is approved by the 

2 Secretary concerned shall be discharged on a date speci3 fied by the Secretary concerned. 

4 ‘‘(5) Selection of officers for discharge under this 

5 subsection shall be based on the needs of the service.’’. 

6 SEC. 503. MODIFICATION OF AUTHORITY TO DROP FROM 

7 ROLLS A COMMISSIONED OFFICER. 

8 Section 1161(b) of title 10, United States Code, is 

9 amended by inserting ‘‘or the Secretary of Defense, or in 

10 the case of a commissioned officer of the Coast Guard, 

11 the Secretary of the department in which the Coast Guard 

12 is operating when it is not operating in the Navy,’’ after 

13 ‘‘President’’. 

14 Subtitle B—Reserve Component 

15 Management 

16 SEC. 511. EXTENSION OF REMOVAL OF RESTRICTIONS ON 

17 THE TRANSFER OF OFFICERS BETWEEN THE 

18 ACTIVE AND INACTIVE NATIONAL GUARD. 

19 Section 512 of the National Defense Authorization 

20 Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 

21 752; 32 U.S.C. prec. 301 note) is amended— 

22 (1) in subsection (a) in the matter preceding 

23 paragraph (1), by striking ‘‘December 31, 2016’’ 

24 and inserting ‘‘December 31, 2019’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
135 

HR 4909 PCS

1 (2) in subsection (b) in the matter preceding 

2 paragraph (1), by striking ‘‘December 31, 2016’’ 

3 and inserting ‘‘December 31, 2019’’. 

4 SEC. 512. EXTENSION OF TEMPORARY AUTHORITY TO USE 

5 AIR FORCE RESERVE COMPONENT PER6 SONNEL TO PROVIDE TRAINING AND IN7 STRUCTION REGARDING PILOT TRAINING. 

8 Section 514(a)(1) of the National Defense Authoriza9 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

10 Stat. 810) is amended by inserting ‘‘and fiscal year 2017’’ 

11 after ‘‘During fiscal year 2016’’. 

12 SEC. 513. LIMITATIONS ON ORDERING SELECTED RESERVE 

13 TO ACTIVE DUTY FOR PREPLANNED MIS14 SIONS IN SUPPORT OF THE COMBATANT 

15 COMMANDS. 

16 Section 12304b(b) of title 10, United States Code, 

17 is amended— 

18 (1) in paragraph (1), by striking ‘‘only’’ in the 

19 matter preceding subparagraph (A); 

20 (2) by redesignating paragraph (2) as para21 graph (3); and 

22 (3) by inserting after paragraph (1) the fol23 lowing new paragraph: 

24 ‘‘(2) In lieu of paragraph (1), units may be ordered 

25 to active duty under this section if— 


emcdonald on DSK3SPTVN1PROD with BILLS
136 

HR 4909 PCS

1 ‘‘(A) the manpower and associated costs of such 

2 active duty has been identified by the Secretary con3 cerned as an emerging requirement in the year of 

4 execution; and 

5 ‘‘(B) the Secretary concerned provides 30-day 

6 advance notification to the congressional defense 

7 committees that identifies the funds required to sup8 port the order, a description of the mission for which 

9 the units will be ordered to active duty, and the an10 ticipated length of time of the order of such units 

11 to active duty on an involuntary basis.’’. 

12 SEC. 514. EXEMPTION OF MILITARY TECHNICIANS (DUAL 

13 STATUS) FROM CIVILIAN EMPLOYEE FUR14 LOUGHS. 

15 Section 10216(b)(3) of title 10, United States Code, 

16 is amended by inserting after ‘‘reductions’’ the following: 

17 ‘‘(including temporary reductions by furlough or other18 wise)’’. 

19 SEC. 515. ELECTRONIC TRACKING OF OPERATIONAL AC20 TIVE-DUTY SERVICE PERFORMED BY MEM21 BERS OF THE READY RESERVE OF THE 

22 ARMED FORCES. 

23 The Secretary of Defense shall establish an electronic 

24 means by which members of the Ready Reserve of the 

25 Armed Forces can track their operational active-duty servVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
137 

HR 4909 PCS

1 ice performed after January 28, 2008, under section 

2 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 

3 10, United States Code. The tour calculator shall specify 

4 early retirement credit authorized for each qualifying tour 

5 of active duty, as well as cumulative early reserve retire6 ment credit authorized to date under section 12731(f) of 

7 such title. 

8 Subtitle C—General Service 

9 Authorities 

10 SEC. 521. TECHNICAL CORRECTION TO ANNUAL AUTHOR11 IZATION FOR PERSONNEL STRENGTHS. 

12 Section 115 of title 10, United States Code, is 

13 amended— 

14 (1) in subsection (b)(1)— 

15 (A) in subparagraph (B), by striking 

16 ‘‘502(f)(2)’’ and inserting ‘‘502(f)(1)(B)’’; and 

17 (B) in subparagraph (C), by striking 

18 ‘‘502(f)(2)’’ and inserting ‘‘502(f)(1)(B)’’; and 

19 (2) in subsection (i)(7), by striking ‘‘502(f)(1)’’ 

20 and inserting ‘‘502(f)(1)(A)’’. 

21 SEC. 522. ENTITLEMENT TO LEAVE FOR ADOPTION OF 

22 CHILD BY DUAL MILITARY COUPLES. 

23 Section 701(i) of title 10, United States Code, is 

24 amended by striking paragraph (3) and inserting the fol25 lowing new paragraph: 


emcdonald on DSK3SPTVN1PROD with BILLS
138 

HR 4909 PCS

1

2 ‘‘(3) In the event that two members of the armed 

3 forces who are married to each other adopt a child in a 

4 qualifying child adoption, the two members shall be al5 lowed a total of at least 36 days of leave under this sub6 section, to be shared between the two members. The Sec7 retary concerned shall permit the transfer of such leave 

8 between the two members to accommodate individual fam9 ily circumstances.’’. 

10 SEC. 523. REVISION OF DEPLOYABILITY RATING SYSTEM 

11 AND PLANNING REFORM. 

12 (a) DEPLOYMENT PRIORITIZATION AND READI13 NESS.— 

14 (1) IN GENERAL.—Chapter 1003 of title 10, 

15 United States Code, is amended by inserting after 

16 section 10102 the following new section: 

17 ‘‘§ 10102a. Deployment prioritization and readiness of 

18 army components 

19 ‘‘(a) DEPLOYMENT PRIORITIZATION.—The Secretary 

20 of the Army shall maintain a system for identifying the 

21 priority of deployment for units of all components of the 

22 Army. 

23 ‘‘(b) DEPLOYABILITY READINESS RATING.—The 

24 Secretary of the Army shall maintain a readiness rating 

25 system for units of all components of the Army that proVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
139 

HR 4909 PCS

1 vides an accurate assessment of the deployability of a unit 

2 and those shortfalls of a unit that require the provision 

3 of additional resources. The system shall ensure— 

4 ‘‘(1) that the personnel readiness rating of a 

5 unit reflects— 

6 ‘‘(A) both the percentage of the overall 

7 personnel requirement of the unit that is 

8 manned and deployable and the fill and 

9 deployability rate for critical occupational spe10 cialties necessary for the unit to carry out its 

11 basic mission requirements; and 

12 ‘‘(B) the number of personnel in the unit 

13 who are qualified in their primary military oc14 cupational specialty; and 

15 ‘‘(2) that the equipment readiness assessment 

16 of a unit— 

17 ‘‘(A) documents all equipment required for 

18 deployment; 

19 ‘‘(B) reflects only that equipment that is 

20 directly possessed by the unit; 

21 ‘‘(C) specifies the effect of substitute 

22 items; and 

23 ‘‘(D) assesses the effect of missing compo24 nents and sets on the readiness of major equip25 ment items.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
140 

HR 4909 PCS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 1003 of such title 

3 is amended by inserting after the item relating to 

4 section 10102 the following new item: 

‘‘10102a. Deployment prioritization and readiness of Army components.’’. 

5 (b) REPEAL OF SUPERSEDED PROVISIONS OF

6 LAW.—Sections 1121 and 1135 of the Army National 

7 Guard Combat Readiness Reform Act of 1992 (title XI 

8 of Public Law 102-484; 10 U.S.C. 10105 note) are re9 pealed. 

10 SEC. 524. EXPANSION OF AUTHORITY TO EXECUTE CER11 TAIN MILITARY INSTRUMENTS. 

12 (a) EXPANSION OF AUTHORITY TO EXECUTE MILI13 TARY TESTAMENTARY INSTRUMENTS.— 

14 (1) IN GENERAL.—Paragraph (2) of section 

15 1044d(c) of title 10, United States Code, is amended 

16 to read as follows: 

17 ‘‘(2) the execution of the instrument is nota18 rized by— 

19 ‘‘(A) a military legal assistance counsel; 

20 ‘‘(B) a person who is authorized to act as 

21 a notary under section 1044a of this title 

22 who— 

23 ‘‘(i) is not an attorney; and 

24 ‘‘(ii) is supervised by a military legal 

25 assistance counsel; or 


emcdonald on DSK3SPTVN1PROD with BILLS
141 

HR 4909 PCS

1 ‘‘(C) a State-licensed notary employed by a 

2 military department or the Coast Guard who is 

3 supervised by a military legal assistance coun4 sel;’’. 

5 (2) CLARIFICATION.—Paragraph (3) of such 

6 section is amended by striking ‘‘presiding attorney’’ 

7 and inserting ‘‘person notarizing the instrument in 

8 accordance with paragraph (2)’’. 

9 (b) EXPANSION OF AUTHORITY TO NOTARIZE DOCU10 MENTS TO CIVILIANS SERVING IN MILITARY LEGAL AS11 SISTANCE OFFICES.— 

12 (1) IN GENERAL.—Subsection (b) of section 

13 1044a of title 10, United States Code, is amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(6) All civilian paralegals serving at military 

16 legal assistance offices, supervised by a military legal 

17 assistance counsel (as defined in section 1044d(g) of 

18 this title).’’. 

19 SEC. 525. TECHNICAL CORRECTION TO VOLUNTARY SEPA20 RATION PAY AND BENEFITS. 

21 Section 1175a(j) of title 10, United States Code, is 

22 amended— 

23 (1) in paragraph (2)— 

24 (A) by striking ‘‘or 12304’’ and inserting 

25 ‘‘12304, 12304a, or 12304b’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
142 

HR 4909 PCS

1 (B) by striking ‘‘502(f)(1)’’ and inserting 

2 ‘‘502(f)(1)(A)’’; and 

3 (2) in paragraph (3), by striking ‘‘502(f)(2)’’ 

4 and inserting ‘‘502(f)(1)(B)’’. 

5 SEC. 526. ANNUAL NOTICE TO MEMBERS OF THE ARMED 

6 FORCES REGARDING CHILD CUSTODY PRO7 TECTIONS GUARANTEED BY THE 

8 SERVICEMEMBERS CIVIL RELIEF ACT. 

9 The Secretaries of each of the military departments 

10 shall ensure that each member of the Armed Forces with 

11 dependents receives annually, and prior to each deploy12 ment, notice of the child custody protections afforded to 

13 members of the Armed Forces under the Servicemembers 

14 Civil Relief Act (50 U.S.C. 3901 et seq.). 

15 SEC. 527. PILOT PROGRAM ON CONSOLIDATED ARMY RE16 CRUITING. 

17 (a) PILOT PROGRAM.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary of the Army shall carry out a pilot program 

21 to consolidate the recruiting efforts of the Regular 

22 Army, Army Reserve, and Army National Guard 

23 under which a recruiter in one of the components 

24 participating in the pilot program may recruit indi25 viduals to enlist in any of the components regardless 


emcdonald on DSK3SPTVN1PROD with BILLS
143 

HR 4909 PCS

1 of the funding source of the recruiting activity. 

2 Under the pilot program, the recruiter shall receive 

3 credit toward periodic enlistment goals for each en4 listment regardless of the component in which the 

5 individual enlists. 

6 (2) DURATION.—The Secretary shall carry out 

7 the pilot program for a period of not less than three 

8 years. 

9 (b) REPORTS.— 

10 (1) INTERIM REPORT.— 

11 (A) IN GENERAL.—Not later than one year 

12 after the date on which the pilot program under 

13 subsection (a) commences, the Secretary shall 

14 submit to the Committee on Armed Services of 

15 the House of Representatives a report on the 

16 pilot program. 

17 (B) ELEMENTS.—The report under sub18 paragraph (A) shall include each of the fol19 lowing: 

20 (i) An analysis of the effects that con21 solidated recruiting efforts has on the over22 all ability of recruiters to attract and place 

23 qualified candidates. 


emcdonald on DSK3SPTVN1PROD with BILLS
144 

HR 4909 PCS

1 (ii) A determination of the extent to 

2 which consolidating recruiting efforts af3 fects efficiency and recruiting costs. 

4 (iii) An analysis of any challenges as5 sociated with a recruiter working to recruit 

6 individuals to enlist in a component in 

7 which the recruiter has not served. 

8 (iv) An analysis of the satisfaction of 

9 recruiters and the component recruiting 

10 commands with the pilot program. 

11 (2) FINAL REPORT.—Not later than 180 days 

12 after the date on which the pilot program under sub13 section (a) is completed, the Secretary shall submit 

14 to the committees specified in paragraph (1)(A) a 

15 final report on the pilot program. Such final report 

16 shall include any recommendations of the Secretary 

17 with respect to extending or making permanent the 

18 pilot program and a description of any related legis19 lative actions that the Secretary considers appro20 priate. 

21 SEC. 528. REPORT ON PURPOSE AND UTILITY OF REG22 ISTRATION SYSTEM UNDER MILITARY SELEC23 TIVE SERVICE ACT. 

24 (a) REPORT REQUIRED.—Not later than July 1, 

25 2017, the Secretary of Defense shall— 


emcdonald on DSK3SPTVN1PROD with BILLS
145 

HR 4909 PCS

1 (1) submit to the Committees on Armed Serv2 ices of the Senate and the House of Representatives 

3 a report on the current and future need for a cen4 tralized registration system under the Military Selec5 tive Service Act (50 U.S.C. 3801 et seq.); and 

6 (2) provide a briefing on the results of the re7 port. 

8 (b) ELEMENTS OF REPORT.—The report required by 

9 subsection (a) shall include the following: 

10 (1) A detailed analysis of the current benefits 

11 derived, both directly and indirectly, from the Mili12 tary Selective Service System, including— 

13 (A) the extent to which mandatory reg14 istration benefits military recruiting; 

15 (B) the extent to which a national registra16 tion capability serves as a deterrent to potential 

17 enemies of the United States; and 

18 (C) the extent to which expanding registra19 tion to include women would impact these bene20 fits. 

21 (2) An analysis of the functions currently per22 formed by the Selective Service System that would 

23 be assumed by the Department of Defense in the ab24 sence of a national registration capability. 


emcdonald on DSK3SPTVN1PROD with BILLS
146 

HR 4909 PCS

1 (3) An analysis of the systems, manpower, and 

2 facilities that would be needed by the Department to 

3 physically mobilize inductees in the absence of the 

4 Selective Service System. 

5 (4) An analysis of the feasibility and utility of 

6 eliminating the current focus on mass mobilization 

7 of primarily combat troops in favor of a system that 

8 focuses on mobilization of all military occupational 

9 specialties, and the extent to which such a change 

10 would impact the need for both male and female in11 ductees. 

12 (5) A detailed analysis of the Department’s per13 sonnel needs in the event of an emergency requiring 

14 mass mobilization, including— 

15 (A) a detailed timeline, along with the fac16 tors considered in arriving at this timeline, of 

17 when the Department would require— 

18 (i) the first inductees to report for 

19 service; 

20 (ii) the first 100,000 inductees to re21 port for service; and 

22 (iii) the first medical personnel to re23 port for service; and 

24 (B) an analysis of any additional critical 

25 skills that would be needed in the event of a naVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
147 

HR 4909 PCS

1 tional emergency, and a timeline for when the 

2 Department would require the first inductees to 

3 report for service. 

4 (6) A list of the assumptions used by the De5 partment when conducting its analysis in preparing 

6 the report. 

7 (c) COMPTROLLER GENERAL REVIEW.—Not later 

8 than December 1, 2017, the Comptroller General of the 

9 United States shall submit to the Committees on Armed 

10 Services of the Senate and the House of Representatives 

11 a review of the procedures used by the Department of De12 fense in evaluating selective service requirements. 

13 SEC. 529. PARENTAL LEAVE FOR MEMBERS OF THE ARMED 

14 FORCES. 

15 (a) ADDITIONAL PARENTAL LEAVE AUTHORITY.— 

16 (1) AVAILABILITY OF PARENTAL LEAVE.— 

17 Chapter 40 of title 10, United States Code, is 

18 amended by inserting after section 701 the following 

19 new section: 

20 ‘‘§ 701a. Parental leave 

21 ‘‘(a) LEAVE AUTHORIZED.—A member of the armed 

22 forces who is performing active service may be allowed 

23 leave under this section for each instance in which the 

24 member becomes a parent as a result of the member’s 

25 spouse giving birth. 


emcdonald on DSK3SPTVN1PROD with BILLS
148 

HR 4909 PCS

1 ‘‘(b) AMOUNT OF LEAVE.—Leave under this section 

2 shall be at least 14 days, under regulations prescribed 

3 under this section by the Secretary concerned. 

4 ‘‘(c) DURATION OF AVAILABILITY OF LEAVE.—Leave 

5 under this section is lost as follows: 

6 ‘‘(1) If not used within one year of the date of 

7 the birth giving rise to the leave. 

8 ‘‘(2) If the member having the leave becomes 

9 entitled to leave under this section with respect to a 

10 different child. 

11 ‘‘(3) If not used before separation from active 

12 service. 

13 ‘‘(d) COORDINATION WITH OTHER LEAVE AUTHORI14 TIES.—Leave under this section is in addition to any other 

15 leave and may not be deducted or charged against other 

16 leave authorized by this chapter. 

17 ‘‘(e) REGULATIONS.—This section shall be carried 

18 out under regulations prescribed by the Secretary con19 cerned. Regulations prescribed under this section by the 

20 Secretaries of the military departments shall be as uni21 form as practicable and shall be subject to approval by 

22 the Secretary of Defense.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 40 of title 10, 

25 United States Code, is amended by inserting after 


emcdonald on DSK3SPTVN1PROD with BILLS
149 

HR 4909 PCS

1 the item relating to section 701 the following new 

2 item: 

‘‘701a. Parental leave.’’. 

3 (3) CONFORMING AMENDMENT.—Subsection (j) 

4 of section 701 of title 10, United States Code, is re5 pealed. 

6 (b) COVERAGE OF COMMISSIONED OFFICERS OF THE

7 PUBLIC HEALTH SERVICE.—Section 221(a) of the Public 

8 Health Service Act (42 U.S.C. 213a(a)) is amended by 

9 adding at the end the following new paragraph: 

10 ‘‘(19) Section 701(i) and 701a, Adoption Leave 

11 and Parental Leave.’’. 

12 Subtitle D—Military Justice, In13 cluding Sexual Assault and Do14 mestic Violence Prevention and 

15 Response 

16 SEC. 541. EXPEDITED REPORTING OF CHILD ABUSE AND 

17 NEGLECT TO STATE CHILD PROTECTIVE 

18 SERVICES. 

19 (a) REPORTING BY MILITARY AND CIVILIAN PER20 SONNEL OF THE DEPARTMENT OF DEFENSE.—Section 

21 1787 of title 10, United States Code, is amended— 

22 (1) by redesignating subsections (a) and (b) as 

23 subsections (c) and (d), respectively; and 

24 (2) by inserting before subsection (c), as so re25 designated, the following new subsections: 


emcdonald on DSK3SPTVN1PROD with BILLS
150 

HR 4909 PCS

1 ‘‘(a) REPORTING BY MILITARY AND CIVILIAN PER2 SONNEL.—A member of the armed forces, civilian em3 ployee of the Department of Defense, or contractor em4 ployee working on a military installation who is mandated 

5 by Federal regulation or State law to report known or sus6 pected instances of child abuse and neglect shall provide 

7 the report directly to State Child Protective Services or 

8 another appropriate State agency in addition to the mem9 ber’s or employee’s chain of command or any designated 

10 Department point of contact. 

11 ‘‘(b) TRAINING FOR MANDATED REPORTERS.—The 

12 Secretary of Defense shall ensure that individuals referred 

13 to in subsection (a) who are mandated by State law to 

14 report known or suspected instances of child abuse and 

15 neglect receive appropriate training, in accordance with 

16 State guidelines, intended to improve their— 

17 ‘‘(1) ability to recognize evidence of child abuse 

18 and neglect; and 

19 ‘‘(2) understanding of the mandatory reporting 

20 requirements imposed by law.’’. 

21 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

22 Section 1787 of title 10, United States Code, is further 

23 amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
151 

HR 4909 PCS

1 (1) in subsection (c), as redesignated by sub2 section (a)(1), by striking ‘‘IN GENERAL.—’’ and in3 serting ‘‘REPORTING BY STATES.—’’; and 

4 (2) in subsection (d), as redesignated by sub5 section (a)(1)— 

6 (A) by striking ‘‘(d) DEFINITION.—In this 

7 section, the term’’ and inserting the following: 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) The term’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The term ‘State’ includes the District of 

13 Columbia, the Commonwealth of Puerto Rico, the 

14 Commonwealth of the Northern Mariana Islands, 

15 Guam, the Virgin Islands, American Samoa, the 

16 Federated States of Micronesia, the Republic of the 

17 Marshall Islands, and the Republic of Palau.’’. 

18 SEC. 542. EXTENSION OF THE REQUIREMENT FOR ANNUAL 

19 REPORT REGARDING SEXUAL ASSAULTS AND 

20 COORDINATION WITH RELEASE OF FAMILY 

21 ADVOCACY REPORT. 

22 Section 1631 of the Ike Skelton National Defense 

23 Authorization Act for Fiscal Year 2011 (Public Law 111– 

24 383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
152 

HR 4909 PCS

1 (1) in subsection (a) by striking ‘‘March 1, 

2 2017’’ and inserting ‘‘January 31, 2021’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(g) COORDINATION OF RELEASE DATE BETWEEN

6 ANNUAL REPORT REGARDING SEXUAL ASSAULTS AND

7 FAMILY ADVOCACY REPORT.—The Secretary of Defense 

8 shall ensure that the report required under subsection (a) 

9 for a year is delivered to the Committees on Armed Serv10 ices of the Senate and House of Representatives simulta11 neously with the Department of Defense Family Advocacy 

12 Report for that year required by section 543 of the Na13 tional Defense Authorization Act for Fiscal Year 2017.’’. 

14 SEC. 543. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY 

15 PROGRAM REPORT REGARDING CHILD 

16 ABUSE AND DOMESTIC VIOLENCE. 

17 (a) ANNUAL REPORT ON CHILD ABUSE AND DOMES18 TIC VIOLENCE.—Not later than January 31, 2017, and 

19 annually thereafter through January 31, 2021, the Sec20 retary of Defense shall submit to the Committees on 

21 Armed Services of the House of Representatives and the 

22 Senate a report on the child abuse and domestic abuse 

23 incident data from the Department of Defense Family Ad24 vocacy Program central registry of child abuse and domes25 tic abuse incidents for the preceding calendar year. 


emcdonald on DSK3SPTVN1PROD with BILLS
153 

HR 4909 PCS

1 (b) CONTENTS.—The report shall contain each of the 

2 following: 

3 (1) The number of incidents reported during 

4 the year covered by the report involving— 

5 (A) spouse physical or sexual abuse; 

6 (B) intimate partner physical or sexual 

7 abuse; 

8 (C) child physical or sexual abuse; and 

9 (D) child or domestic abuse resulting in a 

10 fatality. 

11 (2) An analysis of the number of such incidents 

12 that met the criteria for substantiation. 

13 (3) An analysis of— 

14 (A) the types of abuse reported; 

15 (B) for cases involving children as the re16 ported victims of the abuse, the ages of the 

17 abused children; and 

18 (C) other relevant characteristics of the re19 ported victims. 

20 (4) An analysis of the military status, sex, and 

21 pay grade of the alleged perpetrator of the child or 

22 domestic abuse. 

23 (5) An analysis of the effectiveness of the Fam24 ily Advocacy Program. 


emcdonald on DSK3SPTVN1PROD with BILLS
154 

HR 4909 PCS

1 (c) COORDINATION OF RELEASE DATE BETWEEN

2 ANNUAL REPORT REGARDING SEXUAL ASSAULTS AND

3 FAMILY ADVOCACY PROGRAM REPORT.—The Secretary of 

4 Defense shall ensure that the sexual assault report re5 quired under section 1631 of the Ike Skelton National De6 fense Authorization Act for Fiscal Year 2011 (Public Law 

7 111–383; 10 U.S.C. 1561 note) is delivered to the Com8 mittees on Armed Services of the House of Representa9 tives and the Senate simultaneously with the report re10 quired under this section. 

11 SEC. 544. IMPROVED DEPARTMENT OF DEFENSE PREVEN12 TION OF AND RESPONSE TO HAZING IN THE 

13 ARMED FORCES. 

14 (a) ANTI-HAZING DATABASE.—The Secretary of De15 fense shall provide for the establishment and use of a com16 prehensive and consistent data-collection system for the 

17 collection of reports, including anonymous reports, of inci18 dents of hazing involving a member of the Armed Forces. 

19 The Secretary shall issue department-wide guidance re20 garding the availability and use of the database, including 

21 information on protected classes, such as race and reli22 gion, who are often the victims of hazing. 

23 (b) IMPROVED TRAINING.—The Secretary of each 

24 military department, in consultation with the Chief of 

25 Staff of each Armed Force under the jurisdiction of such 


emcdonald on DSK3SPTVN1PROD with BILLS
155 

HR 4909 PCS

1 Secretary, shall seek to improve training to assist mem2 bers of the Armed Forces better recognize, prevent, and 

3 respond to hazing at all command levels. 

4 (c) ANNUAL SURVEY.—The Secretary of each mili5 tary department, in consultation with the Chief of Staff 

6 of each Armed Force under the jurisdiction of such Sec7 retary, shall conduct an annual survey among members 

8 of each Armed Force under the jurisdiction of such Sec9 retary to determine the following: 

10 (1) The prevalence of hazing in the Armed 

11 Force. 

12 (2) The effectiveness of training provided mem13 bers of the Armed Force to recognize and prevent 

14 hazing. 

15 (3) The extent to which members of the Armed 

16 Force report, including anonymously report, inci17 dents of hazing. 

18 (d) ANNUAL REPORTS ON HAZING.— 

19 (1) REPORT REQUIRED.—Not later than Janu20 ary 31 of each year through January 31, 2021, the 

21 Secretary of each military department, in consulta22 tion with the Chief of Staff of each Armed Force 

23 under the jurisdiction of such Secretary, shall sub24 mit to the Committees on Armed Services of the 

25 Senate and the House of Representatives a report 


emcdonald on DSK3SPTVN1PROD with BILLS
156 

HR 4909 PCS

1 containing a description of efforts during the pre2 vious year— 

3 (A) to prevent and to respond to incidents 

4 of hazing involving members of the Armed 

5 Forces; 

6 (B) to track and encourage reporting, in7 cluding reporting anonymously, incidents of 

8 hazing in the Armed Force; and 

9 (C) to ensure the consistent implementa10 tion of anti-hazing policies. 

11 (2) ADDITIONAL ELEMENTS.—Each report re12 quired by this subsection also shall address the same 

13 elements originally addressed in the anti-hazing re14 ports required by section 534 of the National De15 fense Authorization Act for Fiscal Year 2013 (Pub16 lic Law 112–239; 126 Stat. 1726). 

17 SEC. 545. BURDENS OF PROOF APPLICABLE TO INVESTIGA18 TIONS AND REVIEWS RELATED TO PRO19 TECTED COMMUNICATIONS OF MEMBERS OF 

20 THE ARMED FORCES AND PROHIBITED RE21 TALIATORY ACTIONS. 

22 (a) BURDENS OF PROOF.—Section 1034 of title 10, 

23 United States Code, is amended— 

24 (1) by redesignating subsections (i) and (j) as 

25 subsections (j) and (k), respectively; and 


emcdonald on DSK3SPTVN1PROD with BILLS
157 

HR 4909 PCS

1 (2) by inserting after subsection (h) the fol2 lowing new subsection (i): 

3 ‘‘(i) BURDENS OF PROOF.—The burdens of proof 

4 specified in section 1221(e) of title 5 shall apply in any 

5 investigation conducted by an Inspector General under 

6 subsection (c) or (d), any review performed by a board 

7 for the correction of military records under subsection (g), 

8 and any review conducted by the Secretary of Defense 

9 under subsection (h).’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the date that is 30 days 

12 after the date of the enactment of this Act, and shall apply 

13 with respect to allegations pending or submitted under 

14 section 1034 of title 10, United States Code, on or after 

15 that date. 

16 SEC. 546. IMPROVED INVESTIGATION OF ALLEGATIONS OF 

17 PROFESSIONAL RETALIATION. 

18 Section 1034(c)(4) of title 10, United States Code, 

19 is amended by adding at the end the following new sub20 paragraph: 

21 ‘‘(F) The Secretary concerned shall ensure that any 

22 individual investigating an allegation as described in para23 graph (1) must have training in the definition and charac24 teristics of retaliation. In addition, if the investigation in25 volves alleged retaliation in response to a communication 


emcdonald on DSK3SPTVN1PROD with BILLS
158 

HR 4909 PCS

1 regarding a violation of a law or regulation prohibiting 

2 rape, sexual assault, or other sexual misconduct in viola3 tion of sections 920 through 920c of this title (articles 

4 120 through 120c of the Uniform Code of Military Jus5 tice), the training shall include specific instruction regard6 ing such violations.’’. 

7 SEC. 547. CAREER MILITARY JUSTICE LITIGATION TRACK 

8 FOR JUDGE ADVOCATES. 

9 (a) CAREER LITIGATION TRACK REQUIRED.— 

10 (1) IN GENERAL.—The Secretary of each mili11 tary department shall establish a career military jus12 tice litigation track for judge advocates in the 

13 Armed Forces under the jurisdiction of the Sec14 retary. 

15 (2) CONSULTATION.—The Secretary of the 

16 Army and the Secretary of the Air Force shall estab17 lish the litigation track required by this section in 

18 consultation with the Judge Advocate General of the 

19 Army and the Judge Advocate General of the Air 

20 Force, respectively. The Secretary of the Navy shall 

21 establish the litigation track in consultation with the 

22 Judge Advocate General of the Navy and the Staff 

23 Judge Advocate to the Commandant of the Marine 

24 Corps. 


emcdonald on DSK3SPTVN1PROD with BILLS
159 

HR 4909 PCS

1 (b) ELEMENTS.—Each career litigation track under 

2 this section shall provide for the following: 

3 (1) Assignment and advancement of qualified 

4 judge advocates in and through assignments and bil5 lets relating to the practice of military justice under 

6 chapter 47 of title 10, United States Code (the Uni7 form Code of Military Justice). 

8 (2) Establishing for each Armed Force the as9 signments and billets covered by paragraph (1), 

10 which shall include trial counsel, defense counsel, 

11 military trial judge, military appellate judge, aca12 demic instructor, all positions within criminal law of13 fices or divisions of such Armed Force, Special Vic14 tims Prosecutor, Victims’ Legal Counsel, Special 

15 Victims’ Counsel, and such other positions as the 

16 Secretary of the military department concerned shall 

17 specify. 

18 (3) For judge advocates participating in such 

19 litigation track, mechanisms as follows: 

20 (A) To prohibit a judge advocate from 

21 more than a total of four years of duty or as22 signments outside such litigation track. 

23 (B) To prohibit any adverse assessment of 

24 a judge advocate so participating by reason of 

25 such participation in the promotion of officers 


emcdonald on DSK3SPTVN1PROD with BILLS
160 

HR 4909 PCS

1 through grade O–6 (or such higher grade as the 

2 Secretary of the military department concerned 

3 shall specify for purposes of such litigation 

4 track). 

5 (4) Such additional requirements and qualifica6 tions for the litigation track as the Secretary of the 

7 military department concerned considers appro8 priate, including requirements and qualifications 

9 that take into account the unique personnel needs 

10 and requirement of an Armed Force. 

11 (c) IMPLEMENTATION DEADLINE.—Each Secretary 

12 of a military department shall implement the career litiga13 tion track required by this section for the Armed Forces 

14 under the jurisdiction of such Secretary by not later than 

15 18 months after the date of the enactment of this Act. 

16 (d) REPORT.—Not later than one year after the date 

17 of the enactment of this Act, each Secretary of a military 

18 department shall submit to the Committees on Armed 

19 Services of the Senate and the House of Representatives 

20 a report on the progress of such Secretary in imple21 menting the career litigation track required under this sec22 tion for the Armed Forces under the jurisdiction of such 

23 Secretary. 


emcdonald on DSK3SPTVN1PROD with BILLS
161 

HR 4909 PCS

1 Subtitle E—Member Education, 

2 Training, and Transition 

3 SEC. 561. REVISION TO QUALITY ASSURANCE OF CERTIFI4 CATION PROGRAMS AND STANDARDS. 

5 Section 2015(c) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘is accredited 

8 by an accreditation body that’’ and all that follows 

9 and inserting ‘‘meets one of the requirements speci10 fied in paragraph (2).’’; and 

11 (2) by striking paragraph (2) and inserting the 

12 following new paragraph: 

13 ‘‘(2) The requirements for a credentialing pro14 gram specified in this paragraph are that the 

15 credentialing program— 

16 ‘‘(A) is accredited by a nationally-recog17 nized third-party personnel certification pro18 gram accreditor; 

19 ‘‘(B)(i) is sought or accepted by employers 

20 within the industry or sector involved as a rec21 ognized, preferred, or required credential for re22 cruitment, screening, hiring, retention, or ad23 vancement purposes; and 

24 ‘‘(ii) where appropriate, is endorsed by a 

25 nationally-recognized trade association or orgaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
162 

HR 4909 PCS

1 nization representing a significant part of the 

2 industry or sector; 

3 ‘‘(C) grants licenses that are recognized by 

4 the Federal Government or a State government; 

5 or 

6 ‘‘(D) meets credential standards of a Fed7 eral agency.’’. 

8 SEC. 562. ESTABLISHMENT OF ROTC CYBER INSTITUTES AT 

9 SENIOR MILITARY COLLEGES. 

10 (a) IN GENERAL.—Chapter 103 of title 10, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 2111c. Senior military colleges: ROTC cyber insti14 tutes 

15 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of De16 fense may establish cyber institutes at each of the senior 

17 military colleges and each of the Reserve Officer Training 

18 Corps institutions selected for partnership by the cyber in19 stitutes at the individual service academies for the purpose 

20 of accelerating the development of foundational expertise 

21 in critical cyber operational skills for future military and 

22 civilian leaders of the armed forces and the Department 

23 of Defense, including such leaders of the reserve compo24 nents. 


emcdonald on DSK3SPTVN1PROD with BILLS
163 

HR 4909 PCS

1 ‘‘(b) ELEMENTS.—Each cyber institute established 

2 under this section shall include each of the following: 

3 ‘‘(1) Training for members of the program who 

4 possess cyber operational expertise from beginning 

5 through advanced skill levels, including instruction 

6 and practical experiences that lead to cyber certifi7 cations recognized in the field. 

8 ‘‘(2) Training in targeted strategic foreign lan9 guage proficiency designed to significantly enhance 

10 critical cyber operational capabilities and tailored to 

11 current and anticipated readiness requirements. 

12 ‘‘(3) Training related to mathematical founda13 tions of cryptography and cryptographic theory and 

14 practice designed to complement and reinforce cyber 

15 education along with the strategic language pro16 grams critical to cyber operations. 

17 ‘‘(4) Training designed to expand the pool of 

18 qualified cyber instructors necessary to support 

19 cyber education in regional school systems. 

20 ‘‘(c) PARTNERSHIPS WITH DEPARTMENT OF DE21 FENSE AND THE ARMED FORCES.—Any cyber institute 

22 established under this section may enter into a partnership 

23 with any active or reserve component of the armed forces 

24 or any agency of the Department of Defense to facilitate 

25 the development of critical cyber skills. 


emcdonald on DSK3SPTVN1PROD with BILLS
164 

HR 4909 PCS

1 ‘‘(d) PARTNERSHIPS WITH OTHER SCHOOLS.—Any 

2 cyber institute established under this section may enter 

3 into a partnership with one or more local educational 

4 agencies to facilitate the development of critical cyber 

5 skills under the program among students attending the 

6 elementary and secondary schools of such agencies who 

7 may pursue a military career. The cyber institute may 

8 place a special emphasis on entering into a partnership 

9 under this subsection with a local educational agency lo10 cated in a rural, underserved, or underrepresented com11 munity. 

12 ‘‘(e) SENIOR MILITARY COLLEGES.—The senior mili13 tary colleges are the senior military colleges in section 

14 2111a(f) of this title.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

‘‘2111c. Senior military colleges: ROTC cyber institutes.’’. 

18 SEC. 563. MILITARY-TO-MARINER TRANSITION. 

19 (a) REPORT.—Not later than 180 days after the date 

20 of the enactment of this Act, the Secretary of Defense and 

21 the Secretary of the department in which the Coast Guard 

22 is operating shall jointly report to the Committee on 

23 Armed Services and the Committee on Transportation and 

24 Infrastructure of the House of Representatives and the 

25 Committee on Armed Services and the Committee on 


emcdonald on DSK3SPTVN1PROD with BILLS
165 

HR 4909 PCS

1 Commerce, Science, and Transportation of the Senate on 

2 steps the Departments of Defense and Homeland Security 

3 have taken or intend to take to— 

4 (1) maximize the extent to which United States 

5 armed forces service, training, and qualifications are 

6 creditable toward meeting the laws and regulations 

7 governing United States merchant mariner license, 

8 certification, and document laws and the Inter9 national Convention on Standards of Training, Cer10 tification and Watchkeeping for Seafarers, 1978, in11 cluding steps to enhance interdepartmental coordina12 tion; and 

13 (2) to promote better awareness among armed 

14 forces personnel who serve in vessel operating posi15 tions of the requirements for post-service use of 

16 armed forces training, education, and practical expe17 rience in satisfaction of requirements for merchant 

18 mariner credentials under section 11.213 of title 46, 

19 Code of Federal Regulation, and the need to docu20 ment such service in a manner suitable for post-serv21 ice use. 

22 (b) LIST OF TRAINING PROGRAMS.—The report 

23 under subsection (a) shall include a list of Army, Navy, 

24 and Coast Guard training programs open to Army, Navy, 


emcdonald on DSK3SPTVN1PROD with BILLS
166 

HR 4909 PCS

1 and Coast Guard vessel operators, respectively, that 

2 shows— 

3 (1) which programs have been approved for 

4 credit toward merchant mariner credentials; 

5 (2) which programs are under review for such 

6 approval; 

7 (3) which programs are not relevant to the 

8 training needed for merchant mariner credentials; 

9 and 

10 (4) which programs could become eligible for 

11 credit toward merchant mariner credentials with 

12 minor changes. 

13 SEC. 564. EMPLOYMENT AUTHORITY FOR CIVILIAN FAC14 ULTY AT CERTAIN MILITARY DEPARTMENT 

15 SCHOOLS. 

16 (a) ADDITION OF ARMY UNIVERSITY AND ADDI17 TIONAL FACULTY.— 

18 (1) IN GENERAL.—Section 4021 of title 10, 

19 United States Code, is amended— 

20 (A) by striking subsection (a) and insert21 ing the following new subsection: 

22 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of 

23 the Army may employ as many civilians as professors, in24 structors, lecturers, researchers, and administrative fac25 ulty at the Army War College, the United States Army 


emcdonald on DSK3SPTVN1PROD with BILLS
167 

HR 4909 PCS

1 Command and General Staff College, and the Army Uni2 versity as the Secretary considers necessary.’’; and 

3 (B) by striking subsection (c). 

4 (2) CLERICAL AMENDMENT.—The heading of 

5 such section is amended to read as follows: 

6 ‘‘§ 4021. Army War College, United States Army Com7 mand and General Staff College, and 

8 Army University: civilian faculty mem9 bers’’. 

10 (b) NAVAL WAR COLLEGE AND MARINE CORPS UNI11 VERSITY.—Section 7478 of title 10, United States Code, 

12 is amended— 

13 (1) by striking subsection (a) and inserting the 

14 following new subsection: 

15 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of 

16 the Navy may employ as many civilians as professors, in17 structors, lecturers, researchers, and administrative fac18 ulty at a school of the Naval War College or of the Marine 

19 Corps University as the Secretary considers necessary.’’; 

20 and 

21 (2) by striking subsection (c). 

22 (c) AIR UNIVERSITY.—Section 9021 of title 10, 

23 United States Code, is amended— 

24 (1) by striking subsection (a) and inserting the 

25 following new subsection: 


emcdonald on DSK3SPTVN1PROD with BILLS
168 

HR 4909 PCS

1 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of 

2 the Air Force may employ as many civilians as professors, 

3 instructors, lecturers, researchers, and administrative fac4 ulty at a school of the Air University as the Secretary con5 siders necessary.’’; and 

6 (2) by striking subsection (c). 

7 SEC. 565. REVISION OF NAME ON MILITARY SERVICE 

8 RECORD TO REFLECT CHANGE IN NAME OF A 

9 MEMBER OF THE ARMY, NAVY, AIR FORCE, 

10 OR MARINE CORPS, AFTER SEPARATION 

11 FROM THE ARMED FORCES. 

12 (a) REVISION REQUIRED.—Section 1551 of title 10, 

13 United States Code, is amended— 

14 (1) by inserting ‘‘(a) SERVICE UNDER AS15 SUMED NAME.—’’ before ‘‘The Secretary’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b) EFFECT OF CHANGE IN NAME.—The Secretary 

19 of the military department concerned shall reissue a cer20 tificate of discharge or an order of acceptance of resigna21 tion in the new name of any person who, after separation 

22 from an armed force under the jurisdiction of that Sec23 retary, legally changes the person’s name to reflect the 

24 person’s gender identity.’’. 

25 (b) CLERICAL AMENDMENTS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
169 

HR 4909 PCS

1 (1) SECTION HEADING.—The heading of section 

2 1551 of title 10, United States Code, is amended to 

3 read as follows: 

4 ‘‘§ 1551. Correction of name after separation from 

5 service’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 at the beginning of chapter 79 of title 10, United 

8 States Code, is amended by striking the item relat9 ing to section 1551 and inserting the following new 

10 item: 

‘‘1551. Correction of name after separation from service.’’. 

11 SEC. 566. DIRECT EMPLOYMENT PILOT PROGRAM FOR 

12 MEMBERS OF THE NATIONAL GUARD AND RE13 SERVE. 

14 (a) PROGRAM AUTHORITY.—The Secretary of De15 fense may carry out a pilot program to enhance the efforts 

16 of the Department of Defense to provide job placement 

17 assistance and related employment services directly to 

18 members in the National Guard and Reserves. 

19 (b) ADMINISTRATION.—The pilot program shall be 

20 offered to, and administered by, the adjutants general ap21 pointed under section 314 of title 32, United States Code. 

22 (c) COST-SHARING REQUIREMENT.—As a condition 

23 on the provision of funds under this section to a State 

24 to support the operation of the pilot program in the State, 

25 the State must agree to contribute an amount, derived 


emcdonald on DSK3SPTVN1PROD with BILLS
170 

HR 4909 PCS

1 from non-Federal sources, equal to at least 30 percent of 

2 the funds provided by the Secretary of Defense under this 

3 section. 

4 (d) DIRECT EMPLOYMENT PROGRAM MODEL.—The 

5 pilot program should follow a job placement program 

6 model that focuses on working one-on-one with a member 

7 of a reserve component to cost-effectively provide job 

8 placement services, including services such as identifying 

9 unemployed and under employed members, job matching 

10 services, resume editing, interview preparation, and post11 employment follow up. Development of the pilot program 

12 should be informed by State direct employment programs 

13 for members of the reserve components, such as the pro14 grams conducted in California and South Carolina. 

15 (e) EVALUATION.—The Secretary of Defense shall 

16 develop outcome measurements to evaluate the success of 

17 the pilot program. 

18 (f) REPORTING REQUIREMENTS.— 

19 (1) REPORT REQUIRED.—Not later than Janu20 ary 31, 2021, the Secretary of Defense shall submit 

21 to the Committees on Armed Services of the Senate 

22 and the House of Representatives a report describ23 ing the results of the pilot program. The Secretary 

24 shall prepare the report in coordination with the 

25 Chief of the National Guard Bureau. 


emcdonald on DSK3SPTVN1PROD with BILLS
171 

HR 4909 PCS

1 (2) ELEMENTS OF REPORT.—A report under 

2 paragraph (1) shall include the following: 

3 (A) A description and assessment of the ef4 fectiveness and achievements of the pilot pro5 gram, including the number of members of the 

6 reserve components hired and the cost-per7 placement of participating members. 

8 (B) An assessment of the impact of the 

9 pilot program and increased reserve component 

10 employment levels on the readiness of members 

11 of the reserve components. 

12 (C) A comparison of the pilot program to 

13 other programs conducted by the Department 

14 of Defense and Department of Veterans Affairs 

15 to provide unemployment and underemployment 

16 support to members of the reserve components 

17 and veterans. 

18 (D) Any other matters considered appro19 priate by the Secretary. 

20 (g) DURATION OF AUTHORITY.— 

21 (1) IN GENERAL.—The authority to carry out 

22 the pilot program expires September 30, 2019. 

23 (2) EXTENSION.—Upon the expiration of the 

24 authority under paragraph (1), the Secretary of DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
172 

HR 4909 PCS

1 fense may extend the pilot program for not more 

2 than two additional fiscal years. 

3 SEC. 567. PROHIBITION ON ESTABLISHMENT, MAINTE4 NANCE, OR SUPPORT OF SENIOR RESERVE 

5 OFFICERS’ TRAINING CORPS UNITS AT EDU6 CATIONAL INSTITUTIONS THAT DISPLAY 

7 CONFEDERATE BATTLE FLAG. 

8 (a) PROHIBITION.—Section 2102 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(e) PROHIBITION RELATED TO DISPLAY OF CON12 FEDERATE BATTLE FLAG.—(1) The Secretary of a mili13 tary department may not establish, maintain, or support 

14 a unit of the program at any educational institution, in15 cluding any senior military college specified in section 

16 2111a of this title, that displays, in a location other than 

17 in a museum exhibit, the Confederate battle flag. 

18 ‘‘(2)(A) Upon making a determination under para19 graph (1) that an educational institution displays, in a lo20 cation other than in a museum exhibit, the Confederate 

21 battle flag, the Secretary of the military department con22 cerned shall terminate, in accordance with subparagraph 

23 (B), any unit of the program at that educational institu24 tion in existence as of the date of the determination. 


emcdonald on DSK3SPTVN1PROD with BILLS
173 

HR 4909 PCS

1 ‘‘(B) The termination of a unit of the program at 

2 an educational institution pursuant to this paragraph shall 

3 take effect on the date on which— 

4 ‘‘(i) each member of the program who, as of the 

5 date of the determination, is enrolled in the edu6 cational institution is no longer so enrolled; and 

7 ‘‘(ii) each student who, as of the date of the de8 termination, is enrolled in the educational institution 

9 but not yet a member of the program, is no longer 

10 so enrolled. 

11 ‘‘(3) Not later than January 31, 2017, and each Jan12 uary 31 thereafter through January 31, 2021, the Sec13 retary of Defense shall submit to the congressional defense 

14 committees a report— 

15 ‘‘(A) identifying each unit of the program lo16 cated at an educational institution that displays, in 

17 a location other than in a museum exhibit, the Con18 federate battle flag; and 

19 ‘‘(B) describing the implementation of this sub20 section with respect to that educational institution. 

21 ‘‘(4) In this subsection, the term ‘Confederate battle 

22 flag’ means the battle flag of the Army of Northern Vir23 ginia, the battle flag of the Army of Tennessee, the battle 

24 flag of Forrest’s Cavalry Corps, the Second Confederate 


emcdonald on DSK3SPTVN1PROD with BILLS
174 

HR 4909 PCS

1 Navy Jack, the Second Confederate Navy Ensign, or other 

2 flag with a like design.’’. 

3 (b) CONFORMING AMENDMENTS.—(1) Section 

4 2102(d) of title 10, United States Code, is amended by 

5 striking ‘‘The President’’ and inserting ‘‘Subject to sub6 section (e), the President’’. 

7 (2) Section 2111a of title 10, United States Code, 

8 is amended— 

9 (A) in subsection (d), by striking ‘‘The Sec10 retary’’ and inserting ‘‘Except as provided in section 

11 2102(e) of this title, the Secretary’’; and 

12 (B) in subsection (e)(1), by striking ‘‘The Sec13 retary’’ and inserting ‘‘Except in the case of a senior 

14 miliary college at which a unit of the program is ter15 minated pursuant to section 2102(e) of this title, the 

16 Secretary’’. 

17 (c) EXCEPTION.—Section 2102 of title 10, United 

18 States Code, is further amended by adding at the end the 

19 following: 

20 ‘‘(f) EXCEPTION.—The prohibition under subsection 

21 (e) shall not apply to an educational institution if the 

22 board of visitors of such institution has voted to take down 

23 the flag described in such subsection.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
175 

HR 4909 PCS

1 SEC. 568. REPORT ON COMPOSITION OF SERVICE ACAD2 EMIES. 

3 (a) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, the Comptroller General of 

5 the United States shall submit to the Committee on 

6 Armed Services of the House of Representatives and the 

7 Committee on Armed Services of the Senate a report on 

8 the demographic composition of service academies that in9 cludes— 

10 (1) an analysis of— 

11 (A) the demographic composition of each 

12 service academy’s— 

13 (i) recruits; 

14 (ii) nominees; 

15 (iii) applicants; 

16 (iv) qualified applicants; 

17 (v) admits; 

18 (vi) enrollees; 

19 (vii) graduates; and 

20 (viii) graduate occupation placement; 

21 (B) how such composition compares to the 

22 demographic composition of— 

23 (i) the United States; 

24 (ii) enlisted members of the Armed 

25 Forces; 

26 (iii) officers of the Armed Forces; and 


emcdonald on DSK3SPTVN1PROD with BILLS
176 

HR 4909 PCS

1 (iv) other institutions of higher edu2 cation (as defined in section 101(a) of the 

3 Higher Education Act of 1965 (20 U.S.C. 

4 1001(a)); and 

5 (C) the demographic composition of each 

6 quintile of academic ranking for each service 

7 academy’s graduating class; 

8 (2) a description of the considerations given to 

9 demographic composition in each service acad10 emy’s— 

11 (A) recruitment efforts (including funding 

12 decisions made to further such efforts); 

13 (B) qualification decisions; and 

14 (C) admissions decisions; and 

15 (3) recommendations for best— 

16 (A) recruitment practices; 

17 (B) nominating practices; 

18 (C) qualification decision practices; and 

19 (D) admissions practices. 

20 (b) DEFINITION.—In this section the term ‘‘service 

21 academy’’ means each of the following: 

22 (1) The United States Military Academy. 

23 (2) The United States Naval Academy. 

24 (3) The United States Air Force Academy. 

25 (4) The United States Coast Guard Academy. 


emcdonald on DSK3SPTVN1PROD with BILLS
177 

HR 4909 PCS

1 (5) The United States Merchant Marine Acad2 emy. 

3 (c) SCOPE OF REPORT.—The report required by this 

4 section shall examine each service academy class admitted 

5 following the date of enactment of section 543 of the Na6 tional Defense Authorization Act for Fiscal Year 1994 

7 (Public Law 103–160). 

8 SEC. 569. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, 

9 OPIOID, AND OTHER SUBSTANCE ABUSE 

10 COUNSELING AS PART OF REQUIRED 

11 PRESEPARATION COUNSELING. 

12 Section 1142(b)(11) of title 10, United States Code, 

13 is amended by inserting before the period the following: 

14 ‘‘and information concerning the availability of treatment 

15 options and resources to address substance abuse, includ16 ing alcohol, prescription drug, and opioid abuse’’. 

17 SEC. 569A. INCLUSION OF INFORMATION IN TRANSITION 

18 ASSISTANCE PROGRAM. 

19 Section 1144(b) of title 10, United States Code, is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(10) Provide information regarding the deduc23 tion of disability compensation paid by the Secretary 

24 of Veterans Affairs pursuant to section 1175a(h) of 


emcdonald on DSK3SPTVN1PROD with BILLS
178 

HR 4909 PCS

1 this title by reason of voluntary separation pay re2 ceived by the member.’’. 

3 SEC. 569B. REPORT AND GUIDANCE REGARDING JOB 

4 TRAINING, EMPLOYMENT SKILLS TRAINING, 

5 APPRENTICESHIPS, AND INTERNSHIPS AND 

6 SKILLBRIDGE INITIATIVES FOR MEMBERS OF 

7 THE ARMED FORCES WHO ARE BEING SEPA8 RATED. 

9 (a) REPORT REQUIRED.—Not later than 90 days 

10 after the date of the enactment of this Act, the Under 

11 Secretary of Defense for Personnel and Readiness shall 

12 submit to the Committees on Armed Services of the Sen13 ate and the House of Representatives, and make available 

14 to the public, a report evaluating the success of the Job 

15 Training, Employment Skills Training, Apprenticeships, 

16 and Internships (known as JTEST–AI) and SkillBridge 

17 initiatives, under which civilian businesses and companies 

18 make available to members of the Armed Forces who are 

19 being separated from the Armed Forces training or intern20 ship opportunities that offer a high probability of employ21 ment for the members after their separation. 

22 (b) ELEMENTS OF REPORT.—In preparing the report 

23 required by subsection (a), the Under Secretary of De24 fense for Personnel and Readiness shall use the effective25 ness metrics described in Enclosure 5 of Department of 


emcdonald on DSK3SPTVN1PROD with BILLS
179 

HR 4909 PCS

1 Defense Instruction No. 1322.29. The report shall in2 clude, at a minimum, the following: 

3 (1) An assessment of the successes of the 

4 JTEST–AI and SkillBridge initiatives. 

5 (2) Recommendations by the Under Secretary 

6 regarding ways in which the administration of the 

7 JTEST–AI and SkillBridge initiatives could be im8 proved. 

9 (3) Recommendations by civilian companies 

10 participating in the initiatives regarding ways in 

11 which the administration of the JTEST–AI and 

12 SkillBridge initiatives could be improved. 

13 (4) Testimony from a sample of members of the 

14 Armed Forces who are participating in a JTEST– 

15 AI or SkillBridge initiative regarding the effective16 ness of the initiatives and the members’ support for 

17 the initiatives. 

18 (5) Testimony from a sample of recently sepa19 rated members of the Armed Forces who partici20 pated in a JTEST–AI or SkillBridge initiative re21 garding the effectiveness of the initiatives and the 

22 members’ support for the initiatives. 

23 (c) ISSUANCE OF GUIDANCE.—Not later than 180 

24 days after the submission of the report required by sub25 section (a), the Under Secretary of Defense for Personnel 


emcdonald on DSK3SPTVN1PROD with BILLS
180 

HR 4909 PCS

1 and Readiness shall issue guidance to commanders of 

2 units of the Armed Forces for the purpose of encouraging 

3 commanders, consistent with unit readiness, to allow 

4 members of the Armed Forces under their command who 

5 are being separated from the Armed Forces to participate 

6 in a JTEST–AI or SkillBridge initiative. 

7 SEC. 569C. CONGRESSIONAL NOTIFICATION IN ADVANCE 

8 OF APPOINTMENTS TO SERVICE ACADEMIES. 

9 (a) UNITED STATES MILITARY ACADEMY.—Section 

10 4342(a) of title 10, United States Code, is amended in 

11 the matter after paragraph (10) by adding at the end the 

12 following new sentence: ‘‘When a nominee of a Senator, 

13 Representative, or Delegate is selected for appointment as 

14 a cadet, the Senator, Representative, or Delegate shall be 

15 notified at least 48 hours before the official notification 

16 or announcement of the appointment is made.’’. 

17 (b) UNITED STATES NAVAL ACADEMY.—Section 

18 6954(a) of title 10, United States Code, is amended in 

19 the matter after paragraph (10) by adding at the end the 

20 following new sentence: ‘‘When a nominee of a Senator, 

21 Representative, or Delegate is selected for appointment as 

22 a midshipman, the Senator, Representative, or Delegate 

23 shall be notified at least 48 hours before the official notifi24 cation or announcement of the appointment is made.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
181 

HR 4909 PCS

1 (c) UNITED STATES AIR FORCE ACADEMY.—Section 

2 9342(a) of title 10, United States Code, is amended in 

3 the matter after paragraph (10) by adding at the end the 

4 following new sentence: ‘‘When a nominee of a Senator, 

5 Representative, or Delegate is selected for appointment as 

6 a cadet, the Senator, Representative, or Delegate shall be 

7 notified at least 48 hours before the official notification 

8 or announcement of the appointment is made.’’. 

9 (d) UNITED STATES MERCHANT MARINE ACAD10 EMY.—Section 51302 of title 46, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(e) CONGRESSIONAL NOTIFICATION IN ADVANCE OF

13 APPOINTMENTS.—When a nominee of a Senator, Rep14 resentative, or Delegate is selected for appointment as a 

15 cadet, the Senator, Representative, or Delegate shall be 

16 notified at least 48 hours before the official notification 

17 or announcement of the appointment is made’’. 

18 (e) APPLICATION OF AMENDMENTS.—The amend19 ments made by this section shall apply with respect to the 

20 appointment of cadets and midshipmen to the United 

21 States Military Academy, the United States Naval Acad22 emy, the United States Air Force Academy, and United 

23 States Merchant Marine Academy for classes entering 

24 these service academies after January 1, 2018. 


emcdonald on DSK3SPTVN1PROD with BILLS
182 

HR 4909 PCS

1 Subtitle F—Defense Dependents’ 

2 Education and Military Family 

3 Readiness Matters 

4 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

5 EDUCATIONAL AGENCIES THAT BENEFIT DE6 PENDENTS OF MEMBERS OF THE ARMED 

7 FORCES AND DEPARTMENT OF DEFENSE CI8 VILIAN EMPLOYEES. 

9 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

10 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

11 amount authorized to be appropriated for fiscal year 2017 

12 by section 301 and available for operation and mainte13 nance for Defense-wide activities as specified in the fund14 ing table in division D, $30,000,000 shall be available only 

15 for the purpose of providing assistance to local educational 

16 agencies under subsection (a) of section 572 of the Na17 tional Defense Authorization Act for Fiscal Year 2006 

18 (Public Law 109–163; 20 U.S.C. 7703b). 

19 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

20 this section, the term ‘‘local educational agency’’ has the 

21 meaning given that term in section 8013(9) of the Ele22 mentary and Secondary Education Act of 1965 (20 U.S.C. 

23 7713(9)). 


emcdonald on DSK3SPTVN1PROD with BILLS
183 

HR 4909 PCS

1 SEC. 572. SUPPORT FOR PROGRAMS PROVIDING CAMP EX2 PERIENCE FOR CHILDREN OF MILITARY FAM3 ILIES. 

4 (a) IN GENERAL.—The Secretary of Defense may 

5 provide financial or non-monetary support to qualified 

6 nonprofit organizations in order to assist such organiza7 tions in carrying out programs to support the attendance 

8 at a camp or camp-like setting of children of military fami9 lies who have experienced the death of a family member 

10 or other loved one or who have another family member 

11 living with a substance use disorder or post-traumatic 

12 stress disorder. 

13 (b) APPLICATION FOR SUPPORT.— 

14 (1) IN GENERAL.—Each organization seeking 

15 support pursuant to subsection (a) shall submit to 

16 the Secretary an application therefor containing 

17 such information as the Secretary shall specify for 

18 purposes of this section. 

19 (2) CONTENTS.—Each application submitted 

20 under paragraph (1) shall include the following: 

21 (A) A description of the program for which 

22 support is being sought, including the location 

23 of the setting or settings under the program, 

24 the duration of such setting or setting, any 

25 local partners participating in or contributing to 

26 the program, and the ratio of counselors, 


emcdonald on DSK3SPTVN1PROD with BILLS
184 

HR 4909 PCS

1 trained volunteers, or both to children at such 

2 setting or settings. 

3 (B) An estimate of the number of children 

4 of military families to be supported using the 

5 support sought. 

6 (C) A description of the type of activities 

7 that will be conducted using the support 

8 sought, including the manner in which activities 

9 are particularly supportive to children of mili10 tary families described in subsection (a). 

11 (D) A description of the outreach con12 ducted or to be conducted by the organization 

13 to military families regarding the program. 

14 (c) PREFERENCE IN APPROVAL OF APPLICATIONS.— 

15 The Secretary shall accord a preference in the approval 

16 of applications submitted pursuant to subsection (b) to ap17 plications submitted by organizations that— 

18 (1) provide a traditional camp or camp-like en19 vironment setting that is hosted by an accredited 

20 service provider or facility; 

21 (2) offer activities in that setting that— 

22 (A) includes a continued care model; 

23 (B) is tailored to the needs of children and 

24 uses recognized best practices; 


emcdonald on DSK3SPTVN1PROD with BILLS
185 

HR 4909 PCS

1 (C) exhibits an adequate understanding 

2 and recognition of appropriate military culture 

3 and traditions; and 

4 (D) places a focus on peer-to-peer support 

5 and activities; 

6 (3) offers post-camp and continuing bereave7 ment or addiction-prevention support, as applicable; 

8 (4) offer support services for children and fami9 lies; and 

10 (5) provides for evaluations of the camp experi11 ence by children and their families after camp. 

12 (d) USE OF SUPPORT.—Support provided by the Sec13 retary to an organization pursuant to subsection (a) shall 

14 be used by the organization to support attendance at a 

15 camp or camp-like setting of children of military families 

16 described in subsection (a). 

17 SEC. 573. IMPACT AID. 

18 Notwithstanding section 5(d) of the Every Student 

19 Succeeds Act (Public Law 114–95; 129 Stat. 1806), the 

20 amendment made by section 7004(1) of such Act (Public 

21 Law 114–95; 129 Stat. 2077)— 

22 (1) for fiscal year 2016, shall— 

23 (A) be applied as if amending section 

24 8003(a)(5)(A) of the Elementary and Sec25 ondary Education Act of 1965, as in effect on 


emcdonald on DSK3SPTVN1PROD with BILLS
186 

HR 4909 PCS

1 the day before the date of enactment of the 

2 Every Student Succeeds Act (Public Law 114– 

3 95; 129 Stat. 1802); and 

4 (B) be in effect with respect to appropria5 tions for use under title VIII of the Elementary 

6 and Secondary Education Act of 1965, as in ef7 fect on the day before the date of enactment of 

8 the Every Student Succeeds Act; and 

9 (2) for fiscal year 2017 and each succeeding fis10 cal year, shall be in effect with respect to appropria11 tions for use under title VII of the Elementary and 

12 Secondary Education Act of 1965, as amended by 

13 the Every Student Succeeds Act (Public Law 114– 

14 95; 129 Stat. 1802). 

15 SEC. 574. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITA16 TION FOR NONCOMPETITIVE APPOINTMENT 

17 OF SPOUSES OF MEMBERS OF THE ARMED 

18 FORCES. 

19 Section 3330d(c) of title 5, United States Code, is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(3) NO TIME LIMITATION ON APPOINTMENT.— 

23 A relocating spouse of a member of the Armed 

24 Forces remains eligible for noncompetitive appoint25 ment under this section for the duration of the 


emcdonald on DSK3SPTVN1PROD with BILLS
187 

HR 4909 PCS

1 spouse’s relocation to the permanent duty station of 

2 the member.’’. 

3 Subtitle G—Decorations and 

4 Awards 

5 SEC. 581. REVIEW REGARDING AWARD OF MEDAL OF 

6 HONOR TO CERTAIN ASIAN AMERICAN AND 

7 NATIVE AMERICAN PACIFIC ISLANDER WAR 

8 VETERANS. 

9 (a) REVIEW REQUIRED.—The Secretary of each mili10 tary department shall review the service records of each 

11 Asian American and Native American Pacific Islander war 

12 veteran described in subsection (b) to determine whether 

13 that veteran should be awarded the Medal of Honor. 

14 (b) COVERED VETERANS.—The Asian American and 

15 Native American Pacific Islander war veterans whose serv16 ice records are to be reviewed under subsection (a) are 

17 the following: 

18 (1) Any Asian American or Native American 

19 Pacific Islander war veteran who was awarded the 

20 Distinguished-Service Cross, the Navy Cross, or the 

21 Air Force Cross during the Korean War or the Viet22 nam War. 

23 (2) Any other Asian American or Native Amer24 ican Pacific Islander war veteran whose name is sub25 mitted to the Secretary concerned for such purpose 


emcdonald on DSK3SPTVN1PROD with BILLS
188 

HR 4909 PCS

1 before the end of the one-year period beginning on 

2 the date of the enactment of this Act. 

3 (c) CONSULTATIONS.—In carrying out the review 

4 under subsection (a), the Secretary of each military de5 partment shall consult with such veterans service organi6 zations as the Secretary considers appropriate. 

7 (d) RECOMMENDATIONS BASED ON REVIEW.—If the 

8 Secretary concerned determines, based upon the review 

9 under subsection (a) of the service records of any Asian 

10 American or Native American Pacific Islander war vet11 eran, that the award of the Medal of Honor to that veteran 

12 is warranted, the Secretary shall submit to the President 

13 a recommendation that the President award the Medal of 

14 Honor to that veteran. 

15 (e) AUTHORITY TO AWARD MEDAL OF HONOR.—A 

16 Medal of Honor may be awarded to an Asian American 

17 or Native American Pacific Islander war veteran in ac18 cordance with a recommendation of the Secretary con19 cerned under subsection (d). 

20 (f) CONGRESSIONAL NOTIFICATION.—No Medal of 

21 Honor may be awarded pursuant to subsection (e) until 

22 the Secretary of Defense submits to the Committee on 

23 Armed Services of the Senate and House of Representa24 tives notice of the recommendations under subsection (d), 

25 including the name of each Asian American or Native 


emcdonald on DSK3SPTVN1PROD with BILLS
189 

HR 4909 PCS

1 American Pacific Islander war veteran recommended to be 

2 awarded a Medal of Honor and the rationale for such rec3 ommendation. 

4 (g) WAIVER OF TIME LIMITATIONS.—An award of 

5 the Medal of Honor may be made under subsection (e) 

6 without regard to— 

7 (1) section 3744, 6248, or 8744 of title 10, 

8 United States Code, as applicable; and 

9 (2) any regulation or other administrative re10 striction on— 

11 (A) the time for awarding the Medal of 

12 Honor; or 

13 (B) the awarding of the Medal of Honor 

14 for service for which a Distinguished-Service 

15 Cross, Navy Cross, or Air Force Cross has been 

16 awarded. 

17 (h) DEFINITION.—In this section the term ‘‘Native 

18 American Pacific Islander’’ means a Native Hawaiian or 

19 Native American Pacific Islander, as those terms are de20 fined in section 815 of the Native American Programs Act 

21 of 1974 (42 U.S.C. 2992c). 

22 SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR 

23 ACTS OF VALOR. 

24 (a) AUTHORIZATION.—Notwithstanding the time lim25 itations specified in sections 3744, 6248, 8744 of title 10, 


emcdonald on DSK3SPTVN1PROD with BILLS
190 

HR 4909 PCS

1 United States Code, or any other time limitation with re2 spect to the awarding of certain medals to persons who 

3 served in the United States Armed Forces, the President 

4 may award a medal referred to in subsection (c) to a mem5 ber or former member of the United States Armed Forces 

6 identified as warranting award of that medal pursuant to 

7 the review of valor award nominations for Operation En8 during Freedom, Operation Iraqi Freedom, Operation 

9 New Dawn, Operation Freedom’s Sentinel, and Operation 

10 Inherent Resolve that was directed by the Secretary of De11 fense on January 7, 2016. 

12 (b) AWARD OF MEDAL OF HONOR.—If, pursuant to 

13 the review referred to in subsection (a), the President de14 cides to award to a member or former member of the 

15 Armed Forces the Medal of Honor, the medal may only 

16 be awarded after the Secretary of Defense submits to the 

17 Committee on Armed Services of the Senate and the Com18 mittee on Armed Services of the House of Representatives 

19 a letter identifying the intended recipient of the Medal of 

20 Honor and the rationale for awarding the medal of honor 

21 to such intended recipient. 

22 (c) MEDALS.—The medals referred to in this sub23 section are any of the following: 

24 (1) The Medal of Honor under section 3741, 

25 6241, or 8741 of title 10, United States Code; 


emcdonald on DSK3SPTVN1PROD with BILLS
191 

HR 4909 PCS

1 (2) The Distinguished-Service Cross under sec2 tion 3742 of title 10, United States Code. 

3 (3) The Navy Cross under section 6242 of title 

4 10, United States Code. 

5 (4) The Air Force Cross under section 8742 of 

6 title 10, United States Code. 

7 (5) The Silver Star under section 3746, 6244, 

8 or 8746 of title 10, United States Code. 

9 (d) TERMINATION.—No medal may be awarded 

10 under this section after December 31, 2019. 

11 SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF 

12 HONOR TO GARY M. ROSE FOR ACTS OF 

13 VALOR DURING THE VIETNAM WAR. 

14 (a) AUTHORIZATION.—Notwithstanding the time lim15 itations specified in section 3744 of title 10, United States 

16 Code, or any other time limitation with respect to the 

17 awarding of certain medals to persons who served in the 

18 Armed Forces, the President is authorized to award the 

19 Medal of Honor under section 3741 of such title to Gary 

20 M. Rose for the acts of valor described in subsection (b). 

21 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

22 referred to in subsection (a) are the actions of Gary M. 

23 Rose in Laos from September 11 through 14, 1970, dur24 ing the Vietnam War while a member of the United States 


emcdonald on DSK3SPTVN1PROD with BILLS
192 

HR 4909 PCS

1 Army, Military Assistance Command Vietnam-Studies and 

2 Observation Group (MACVSOG). 

3 SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF 

4 HONOR TO CHARLES S. KETTLES FOR ACTS 

5 OF VALOR DURING THE VIETNAM WAR. 

6 (a) WAIVER OF TIME LIMITATIONS.—Notwith7 standing the time limitations specified in section 3744 of 

8 title 10, United States Code, or any other time limitation 

9 with respect to the awarding of certain medals to persons 

10 who served in the Armed Forces, the President may award 

11 the Medal of Honor under section 3741 of such title to 

12 Charles S. Kettles for the acts of valor during the Vietnam 

13 War described in subsection (b). 

14 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

15 referred to in subsection (a) are the actions of Charles 

16 S. Kettles during combat operations on May 15, 1967, 

17 while serving as Flight Commander, 176th Aviation Com18 pany, 14th Aviation Battalion, Task Force Oregon, Re19 public of Vietnam, for which he was previously awarded 

20 the Distinguished-Service Cross. 


emcdonald on DSK3SPTVN1PROD with BILLS
193 

HR 4909 PCS

1 SEC. 585. AUTHORIZATION FOR AWARD OF DISTINGUISHED2 SERVICE CROSS TO FIRST LIEUTENANT MEL3 VIN M. SPRUIELL FOR ACTS OF VALOR DUR4 ING WORLD WAR II. 

5 (a) WAIVER OF TIME LIMITATIONS.—Notwith6 standing the time limitations specified in section 3744 of 

7 title 10, United States Code, or any other time limitation 

8 with respect to the awarding of certain medals to persons 

9 who served in the Armed Forces, the Secretary of the 

10 Army may award the Distinguished-Service Cross under 

11 section 3742 of such title to First Lieutenant Melvin M. 

12 Spruiell of the Army for the acts of valor during World 

13 War II described in subsection (b). 

14 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

15 referred to in subsection (a) are the actions of First Lieu16 tenant Melvin M. Spruiell on June 10 and 11, 1944, as 

17 a member of the Army serving in France with the 377th 

18 Parachute Field Artillery, 101st Airborne Division. 


emcdonald on DSK3SPTVN1PROD with BILLS
194 

HR 4909 PCS

1 Subtitle H—Miscellaneous Reports 

2 and Other Matters 

3 SEC. 591. BURIAL OF CREMATED REMAINS IN ARLINGTON 

4 NATIONAL CEMETERY OF CERTAIN PERSONS 

5 WHOSE SERVICE IS DEEMED TO BE ACTIVE 

6 SERVICE. 

7 (a) IN GENERAL.—Section 2410 of title 38, United 

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(c)(1) The Secretary of the Army shall ensure that 

11 under such regulations as the Secretary may prescribe, the 

12 cremated remains of any person described in paragraph 

13 (2) are eligible for inurnment in Arlington National Ceme14 tery with military honors in accordance with section 1491 

15 of title 10. 

16 ‘‘(2) A person described in this paragraph is a person 

17 whose service has been determined to be active duty serv18 ice pursuant to section 401 of the GI Bill Improvement 

19 Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) 

20 as of the date of the enactment of this paragraph.’’. 

21 (b) APPLICABILITY.— 

22 (1) IN GENERAL.—The amendment made by 

23 subsection (a) shall apply with respect to— 


emcdonald on DSK3SPTVN1PROD with BILLS
195 

HR 4909 PCS

1 (A) the remains of a person that are not 

2 formally interred or inurned as of the date of 

3 the enactment of this Act; and 

4 (B) a person who dies on or after the date 

5 of the enactment of this Act. 

6 (2) FORMALLY INTERRED OR INURNED DE7 FINED.—In this subsection, the term ‘‘formally in8 terred or inurned’’ means interred or inurned in a 

9 cemetery, crypt, mausoleum, columbarium, niche, or 

10 other similar formal location. 

11 (c) REPORT ON CAPACITY OF ARLINGTON NATIONAL

12 CEMETERY.—Not later than 180 days after the date of 

13 the enactment of this Act, the Secretary of the Army shall 

14 submit to the Committees on Veterans’ Affairs and the 

15 Committees on Armed Services of the House of Represent16 atives and the Senate a report on the interment and 

17 inurnment capacity of Arlington National Cemetery, in18 cluding— 

19 (1) the estimated date that the Secretary deter20 mines the cemetery will reach maximum interment 

21 and inurnment capacity; and 

22 (2) in light of the unique and iconic meaning of 

23 the cemetery to the United States, recommendations 

24 for legislative actions and nonlegislative options that 

25 the Secretary determines necessary to ensure that 


emcdonald on DSK3SPTVN1PROD with BILLS
196 

HR 4909 PCS

1 the maximum interment and inurnment capacity of 

2 the cemetery is not reached until well into the fu3 ture, including such actions and options with respect 

4 to— 

5 (A) redefining eligibility criteria for inter6 ment and inurnment in the cemetery; and 

7 (B) considerations for additional expansion 

8 opportunities beyond the current boundaries of 

9 the cemetery. 

10 SEC. 592. REPRESENTATION FROM MEMBERS OF THE 

11 ARMED FORCES ON BOARDS, COUNCILS, AND 

12 COMMITTEES MAKING RECOMMENDATIONS 

13 RELATING TO MILITARY PERSONNEL ISSUES. 

14 (a) IN GENERAL.—Chapter 7 of title 10, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 190. Representation on boards, councils, and com18 mittees making recommendations relat19 ing to military personnel issues 

20 ‘‘(a) REPRESENTATION REQUIRED.—Notwith21 standing any other provision of law, any board, council, 

22 or committee established under this chapter that is re23 sponsible for making any recommendation relating to any 

24 military personnel issue affecting enlisted members of the 

25 armed forces shall include representation on the board, 


emcdonald on DSK3SPTVN1PROD with BILLS
197 

HR 4909 PCS

1 council, or committee from enlisted members of the armed 

2 forces or retired enlisted members of the armed forces. 

3 ‘‘(b) MILITARY PERSONNEL ISSUES.—For purposes 

4 of this section, military personnel issues include issues re5 lating to health care, retirement benefits, pay, direct and 

6 indirect compensation, and entitlements for members of 

7 the armed forces.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘190. Representation on boards, councils, and committees making recommendations relating to military personnel issues.’’. 

11 SEC. 593. BODY MASS INDEX TEST. 

12 (a) REVIEW.—The Secretary of Defense shall re13 view— 

14 (1) the current body mass index test procedure 

15 used by the Armed Forces; and 

16 (2) other methods to measure body fat with a 

17 more holistic health and wellness approach. 

18 (b) ELEMENTS.—The review under subsection (a) 

19 shall— 

20 (1) address nutrition counseling; 

21 (2) determine the best methods to be used by 

22 the Armed Forces to assess body fat percentages; 

23 and 


emcdonald on DSK3SPTVN1PROD with BILLS
198 

HR 4909 PCS

1 (3) improve the accuracy of body fat measure2 ments. 

3 SEC. 594. PRESEPARATION COUNSELING REGARDING OP4 TIONS FOR DONATING BRAIN TISSUE AT 

5 TIME OF DEATH FOR RESEARCH. 

6 Section 1142(b)(11) of title 10, United States Code, 

7 is amended by inserting before the period at the end the 

8 following: ‘‘, and information concerning options available 

9 to the member for registering at or following separation 

10 to donate brain tissue at time of the member’s death for 

11 research regarding traumatic brain injury and chronic 

12 traumatic encephalopathy’’. 

13 SEC. 595. RECOGNITION OF THE EXPANDED SERVICE OP14 PORTUNITIES AVAILABLE TO FEMALE MEM15 BERS OF THE ARMED FORCES AND THE LONG 

16 SERVICE OF WOMEN IN THE ARMED FORCES. 

17 Congress— 

18 (1) honors women who have served, and who 

19 are currently serving, as members of the Armed 

20 Forces; 

21 (2) commends female members of the Armed 

22 Forces who have sacrificed their lives in defense of 

23 the United States; 


emcdonald on DSK3SPTVN1PROD with BILLS
199 

HR 4909 PCS

1 (3) recognizes that female members of the 

2 Armed Forces are an integral and invaluable part of 

3 the Armed Forces; 

4 (4) urges the Secretary of Defense to ensure 

5 that female members of the Armed Forces receive 

6 adequate, well-fitted equipment in order to ensure 

7 optimal safety and protection; 

8 (5) urges the Secretary of Defense to ensure 

9 that female members of the Armed Forces have ac10 cess to adequate health services that fully address 

11 their specific medical needs; 

12 (6) encourages the Secretary of Defense to de13 velop new initiatives focused on recruiting and re14 taining more women in the officer corps; and 

15 (7) recognizes that the United States must con16 tinue to encourage and support female members of 

17 the Armed Forces as they fight for and defend the 

18 United States. 

19 SEC. 596. SENSE OF CONGRESS REGARDING PLIGHT OF 

20 MALE VICTIMS OF MILITARY SEXUAL TRAU21 MA. 

22 (a) FINDING.—Congress finds that the plight of male 

23 victims of military sexual trauma remains in the shadows 

24 due a lack of social awareness on the issue of male victim25 ization. 


emcdonald on DSK3SPTVN1PROD with BILLS
200 

HR 4909 PCS

1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of Defense should— 

3 (1) enhance victims’ access to intensive medical 

4 and mental health treatment for military sexual 

5 trauma treatment; 

6 (2) look for opportunities to utilize male sur7 vivors of sexual assault as presenters during annual 

8 Sexual Assault Preventions and Response training; 

9 and 

10 (3) ensure Department of Defense medical and 

11 mental health providers are adequately trained to 

12 meet the needs of male survivors of military sexual 

13 trauma. 

14 SEC. 597. SENSE OF CONGRESS REGARDING SECTION 504 

15 OF TITLE 10, UNITED STATES CODE, ON EX16 ISTING AUTHORITY OF THE DEPARTMENT OF 

17 DEFENSE TO ENLIST INDIVIDUALS, NOT OTH18 ERWISE ELIGIBLE FOR ENLISTMENT, WHOSE 

19 ENLISTMENT IS VITAL TO THE NATIONAL IN20 TEREST. 

21 It is the sense of Congress that a statute currently 

22 exists, specifically paragraph (2) of section 504(b) of title 

23 10, United States Code, which states that ‘‘the Secretary 

24 concerned may authorize the enlistment of a person not 

25 described in paragraph (1) [of that section] if the SecVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
201 

HR 4909 PCS

1 retary determines that such enlistment is vital to the na2 tional interest’’. 

3 SEC. 598. PROTECTION OF SECOND AMENDMENT RIGHTS 

4 OF MILITARY FAMILIES. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Protect Our Military Families’ 2nd Amendment Rights 

7 Act’’. 

8 (b) RESIDENCY OF SPOUSES OF MEMBERS OF THE

9 ARMED FORCES TO BE DETERMINED ON THE SAME

10 BASIS AS THE RESIDENCY OF SUCH MEMBERS FOR PUR11 POSES OF FEDERAL FIREARMS LAWS.—Section 921(b) of 

12 title 18, United States Code, is amended to read as fol13 lows: 

14 ‘‘(b) For purposes of this chapter: 

15 ‘‘(1) A member of the Armed Forces on active 

16 duty and the spouse of such a member are residents 

17 of the State in which the permanent duty station of 

18 the member is located. 

19 ‘‘(2) The spouse of such a member may satisfy 

20 the identification document requirements of this 

21 chapter by presenting— 

22 ‘‘(A) the military identification card issued 

23 to the spouse; and 

24 ‘‘(B) the official Permanent Change of 

25 Station Orders annotating the spouse as being 


emcdonald on DSK3SPTVN1PROD with BILLS
202 

HR 4909 PCS

1 authorized for collocation, or an official letter 

2 from the commanding officer of the member 

3 verifying that the member and the spouse are 

4 collocated at the permanent duty station of the 

5 member.’’. 

6 (c) EFFECTIVE DATE.—The amendment made by 

7 subsection (b) shall apply to conduct engaged in after the 

8 6-month period that begins with the date of the enactment 

9 of this Act. 

10 SEC. 599. PILOT PROGRAM ON ADVANCED TECHNOLOGY 

11 FOR ALCOHOL ABUSE PREVENTION. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of the enactment of this Act, the Secretary of De14 fense, in consultation with the Secretaries of the military 

15 departments, shall establish a pilot program to dem16 onstrate the feasibility of using portable, disposable alco17 hol breathalyzers and a cloud based server platform to col18 lect data and monitor the progress of alcohol abuse pre19 vention programs through the use of digital applications. 

20 (b) ELEMENTS.—In carrying out the pilot program 

21 under subsection (a), the Secretary shall— 

22 (1) select at least three locations at which to 

23 carry out the program, including at least one mili24 tary service initial training location; 


emcdonald on DSK3SPTVN1PROD with BILLS
203 

HR 4909 PCS

1 (2) at each location selected under paragraph 

2 (1), include at least one active duty unit with no less 

3 than 300 personnel and one reserve unit with no less 

4 than 300 personnel; and 

5 (3) offer participation in the pilot program on 

6 a voluntary basis. 

7 (c) DURATION.—The pilot program under subsection 

8 (a) shall be operational for a minimum of 6 months and 

9 shall terminate not later than September 30, 2018. 

10 (d) REPORTS REQUIRED.—The Secretary of Defense 

11 shall submit to the Committees on Armed Services of the 

12 Senate and the House of Representatives— 

13 (1) not later than 120 days after the date of 

14 the implementation of the pilot program under sub15 section (a), a report on the implementation of the 

16 program; and 

17 (2) not later than one year after the date of the 

18 implementation of the program, a report on the pro19 gram, including findings and recommendations of 

20 the Secretary with respect to the benefits of using 

21 advanced technology as part of alcohol abuse preven22 tion efforts within the military services. 

23 (e) FUNDING.—The Secretary of Defense may carry 

24 out the pilot program under subsection (a) using amounts 

25 authorized to be appropriated for Alcohol Abuse PrevenVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
204 

HR 4909 PCS

1 tion Programs as specified in the funding tables in division 

2 D. 

3 SEC. 599A. REPORT ON AVAILABILITY OF COLLEGE CREDIT 

4 FOR SKILLS ACQUIRED DURING MILITARY 

5 SERVICE. 

6 (a) IN GENERAL.—Not later than 60 days after the 

7 date of the enactment of this Act, the Secretary of De8 fense, in consultation with the Secretaries of Veterans Af9 fairs, Education, and Labor, shall submit to Congress a 

10 report on the transfer of skills into equivalent college cred11 its or technical certifications for members of the Armed 

12 Forces leaving the military. Such report shall describe 

13 each the following: 

14 (1) Each skill that may be acquired during mili15 tary service that is eligible for transfer into an 

16 equivalent college credit or technical certification. 

17 (2) The academic level of the equivalent college 

18 credit or technical certification for which each such 

19 skill is eligible. 

20 (3) Each academic institution that awards an 

21 equivalent college credit or technical certification for 

22 such skills, including— 

23 (A) whether each such academic institution 

24 is public or private and whether such institution 

25 is for profit; and 


emcdonald on DSK3SPTVN1PROD with BILLS
205 

HR 4909 PCS

1 (B) the number of veterans that applied to 

2 such academic institutions who were able to re3 ceive equivalent college credits or technical cer4 tifications in the last fiscal year, and the aca5 demic level of the credits or certifications. 

6 (4) The number of members of the Armed 

7 Forces who left the military in the last fiscal year 

8 and the number of those individuals who met with 

9 an academic or technical training advisor as part of 

10 their participation in the Transition Assistance Pro11 gram. 

12 SEC. 599B. ATOMIC VETERANS SERVICE MEDAL. 

13 (a) SERVICE MEDAL REQUIRED.—The Secretary of 

14 Defense shall design and produce a military service medal, 

15 to be known as the ‘‘Atomic Veterans Service Medal’’, to 

16 honor retired and former members of the Armed Forces 

17 who are radiation-exposed veterans (as such term is de18 fined in section 1112(c)(3) of title 38, United States 

19 Code). 

20 (b) DISTRIBUTION OF MEDAL.— 

21 (1) ISSUANCE TO RETIRED AND FORMER MEM22 BERS.—At the request of a radiation-exposed vet23 eran, the Secretary of Defense shall issue the Atom24 ic Veterans Service Medal to the veteran. 


emcdonald on DSK3SPTVN1PROD with BILLS
206 

HR 4909 PCS

1 (2) ISSUANCE TO NEXT-OF-KIN.—In the case of 

2 a radiation-exposed veteran who is deceased, the 

3 Secretary may provide for issuance of the Atomic 

4 Veterans Service Medal to the next-of-kin of the per5 son. 

6 (3) APPLICATION.—The Secretary shall prepare 

7 and disseminate as appropriate an application by 

8 which radiation-exposed veterans and their next-of9 kin may apply to receive the Atomic Veterans Serv10 ice Medal. 

11 SEC. 599C. REPORT ON EXTENDING PROTECTIONS FOR 

12 STUDENT LOANS FOR ACTIVE DUTY BOR13 ROWERS. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Secretary of De16 fense, in consultation with the Secretary of Education, 

17 shall submit to the appropriate congressional committees 

18 a report detailing the information, assistance, and efforts 

19 to support and inform active duty members of the Armed 

20 Forces with respect to the rights and resources available 

21 under the Servicemembers Civil Relief Act (50 U.S.C. 

22 3901 et seq.) regarding student loans. The report shall 

23 include, at a minimum, the following: 

24 (1) A description of the coordination and infor25 mation sharing between the Secretary of Defense 


emcdonald on DSK3SPTVN1PROD with BILLS
207 

HR 4909 PCS

1 and the Secretary of Education regarding the eligi2 bility of members, and requests by members, to 

3 apply the interest rate limitation under the 

4 Servicemembers Civil Relief Act with respect to ex5 isting Federal and private student loans. 

6 (2) The number of such members with student 

7 loans who elect to have the maximum interest rates 

8 set in accordance with such Act. 

9 (3) The number of such members whose stu10 dent loans have an interest rate that exceeds such 

11 maximum rate. 

12 (4) Methods by which the Secretary of Defense 

13 and the Secretary of Education can automate the 

14 process by which members with student loans elect 

15 to have the maximum interest rates set in accord16 ance with such Act. 

17 (5) A discussion of the effectiveness of such Act 

18 in providing protection to members of the Armed 

19 Forces with respect to student loans. 

20 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

21 DEFINED.—In this section, the term ‘‘appropriate con22 gressional committees’’ means the following: 

23 (1) The congressional defense committees. 

24 (2) The Committee on Education and the 

25 Workforce of the House of Representatives and the 


emcdonald on DSK3SPTVN1PROD with BILLS
208 

HR 4909 PCS

1 Committee on Health, Education, Labor, and Pen2 sions of the Senate. 

3 SEC. 599D. EXCLUSION OF CERTAIN REIMBURSEMENTS OF 

4 MEDICAL EXPENSES AND OTHER PAYMENTS 

5 FROM DETERMINATION OF ANNUAL INCOME 

6 WITH RESPECT TO PENSIONS FOR VETERANS 

7 AND SURVIVING SPOUSES AND CHILDREN OF 

8 VETERANS. 

9 (a) IN GENERAL.—Section 1503(a) of title 38, 

10 United States Code, is amended— 

11 (1) by redesignating paragraphs (6) through 

12 (12) as paragraphs (7) through (13), respectively; 

13 and 

14 (2) by inserting after paragraph (5) the fol15 lowing new paragraph (6): 

16 ‘‘(6) payments regarding reimbursements of 

17 any kind (including insurance settlement payments) 

18 for medical expenses resulting from any accident, 

19 theft, loss, or casualty loss (as defined by the Sec20 retary), but the amount excluded under this clause 

21 shall not exceed the costs of medical care provided 

22 to the victim of the accident, theft, loss, or casualty 

23 loss.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
209 

HR 4909 PCS

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date that is 180 

3 days after the date of the enactment of this Act. 

4 SEC. 599E. SENSE OF CONGRESS ON DESIRABILITY OF 

5 SERVICE-WIDE ADOPTION OF GOLD STAR IN6 STALLATION ACCESS CARD. 

7 It is the sense of Congress that the Secretary of each 

8 military department and the Secretary of the Department 

9 in which the Coast Guard is operating should— 

10 (1) provide for the issuance of a Gold Star In11 stallation Access Card to Gold Star family members 

12 who are the survivors of deceased members of the 

13 Armed Forces in order to expedite the ability of a 

14 Gold Star family member to gain unescorted access 

15 to military installations for the purpose of obtaining 

16 the on-base services and benefits for which the Gold 

17 Star family member is entitled or eligible; 

18 (2) work jointly to ensure that a Gold Star In19 stallation Access Card issued to a Gold Star family 

20 member by one Armed Force is accepted for access 

21 to military installations of another Armed Force; 

22 and 

23 (3) in developing, issuing, and accepting the 

24 Gold Star Installation Access Card— 


emcdonald on DSK3SPTVN1PROD with BILLS
210 

HR 4909 PCS

1 (A) prevent fraud in the procurement or 

2 use of the Gold Star Installation Access Card; 

3 (B) limit installation access to those areas 

4 that provide the services and benefits for which 

5 the Gold Star family member is entitled or eli6 gible; and 

7 (C) ensure that the availability and use of 

8 the Gold Star Installation Access Card does not 

9 adversely affect military installation security. 

10 SEC. 599F. SERVICEMEMBERS’ GROUP LIFE INSURANCE. 

11 Section 1967(f)(4) of title 38, United States Code, 

12 is amended by striking the second sentence. 

13 SEC. 599G. EXTENSION OF SUICIDE PREVENTION AND RE14 SILIENCE PROGRAM. 

15 Section 10219(g) of title 10, United States Code, is 

16 amended by striking ‘‘October 1, 2017’’ and inserting 

17 ‘‘October 1, 2018’’. 

18 TITLE VI—COMPENSATION AND 

19 OTHER PERSONNEL BENEFITS 

20 Subtitle A—Pay and Allowances 

21 SEC. 601. ANNUAL ADJUSTMENT OF MONTHLY BASIC PAY. 

22 The adjustment in the rates of monthly basic pay re23 quired by subsection (a) of section 1009 of title 37, United 

24 States Code, to be made on January 1, 2017, shall take 

25 effect, notwithstanding any determination made by the 


emcdonald on DSK3SPTVN1PROD with BILLS
211 

HR 4909 PCS

1 President under subsection (e) of such section with respect 

2 to an alternative pay adjustment to be made on such date. 

3 SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEM4 PORARY INCREASE IN RATES OF BASIC AL5 LOWANCE FOR HOUSING UNDER CERTAIN 

6 CIRCUMSTANCES. 

7 Section 403(b)(7)(E) of title 37, United States Code, 

8 is amended by striking ‘‘December 31, 2016’’ and insert9 ing ‘‘December 31, 2017’’. 

10 SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUC11 TIONS BASED ON THE DURATION OF TEM12 PORARY DUTY ASSIGNMENT OR CIVILIAN 

13 TRAVEL. 

14 (a) MEMBERS.—Section 474(d)(3) of title 37, United 

15 States Code, is amended by adding at the end the fol16 lowing new sentence: ‘‘The Secretary of a military depart17 ment shall not alter the amount of the per diem allowance, 

18 or the maximum amount of reimbursement, for a locality 

19 based on the duration of the temporary duty assignment 

20 in the locality of a member of the armed forces under the 

21 jurisdiction of the Secretary.’’. 

22 (b) CIVILIAN EMPLOYEES.—Section 5702(a)(2) of 

23 title 5, United States Code, is amended by adding at the 

24 end the following new sentence: ‘‘The Secretary of Defense 

25 shall not alter the amount of the per diem allowance, or 


emcdonald on DSK3SPTVN1PROD with BILLS
212 

HR 4909 PCS

1 the maximum amount of reimbursement, for a locality 

2 based on the duration of the travel in the locality of an 

3 employee of the Department.’’. 

4 (c) REPEAL OF POLICY AND REGULATIONS.—The 

5 policy, and any regulations issued pursuant to such policy, 

6 implemented by the Secretary of Defense on November 1, 

7 2014, with respect to reductions in per diem allowances 

8 based on duration of temporary duty assignment or civil9 ian travel shall have no force or effect. 

10 Subtitle B—Bonuses and Special 

11 and Incentive Pays 

12 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

13 SPECIAL PAY AUTHORITIES FOR RESERVE 

14 FORCES. 

15 The following sections of title 37, United States 

16 Code, are amended by striking ‘‘December 31, 2016’’ and 

17 inserting ‘‘December 31, 2017’’: 

18 (1) Section 308b(g), relating to Selected Re19 serve reenlistment bonus. 

20 (2) Section 308c(i), relating to Selected Reserve 

21 affiliation or enlistment bonus. 

22 (3) Section 308d(c), relating to special pay for 

23 enlisted members assigned to certain high-priority 

24 units. 


emcdonald on DSK3SPTVN1PROD with BILLS
213 

HR 4909 PCS

1 (4) Section 308g(f)(2), relating to Ready Re2 serve enlistment bonus for persons without prior 

3 service. 

4 (5) Section 308h(e), relating to Ready Reserve 

5 enlistment and reenlistment bonus for persons with 

6 prior service. 

7 (6) Section 308i(f), relating to Selected Reserve 

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (7) Section 478a(e), relating to reimbursement 

11 of travel expenses for inactive-duty training outside 

12 of normal commuting distance. 

13 (8) Section 910(g), relating to income replace14 ment payments for reserve component members ex15 periencing extended and frequent mobilization for 

16 active duty service. 

17 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

18 SPECIAL PAY AUTHORITIES FOR HEALTH 

19 CARE PROFESSIONALS. 

20 (a) TITLE 10 AUTHORITIES.—The following sections 

21 of title 10, United States Code, are amended by striking 

22 ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

23 2017’’: 

24 (1) Section 2130a(a)(1), relating to nurse offi25 cer candidate accession program. 


emcdonald on DSK3SPTVN1PROD with BILLS
214 

HR 4909 PCS

1 (2) Section 16302(d), relating to repayment of 

2 education loans for certain health professionals who 

3 serve in the Selected Reserve. 

4 (b) TITLE 37 AUTHORITIES.—The following sections 

5 of title 37, United States Code, are amended by striking 

6 ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

7 2017’’: 

8 (1) Section 302c-1(f), relating to accession and 

9 retention bonuses for psychologists. 

10 (2) Section 302d(a)(1), relating to accession 

11 bonus for registered nurses. 

12 (3) Section 302e(a)(1), relating to incentive 

13 special pay for nurse anesthetists. 

14 (4) Section 302g(e), relating to special pay for 

15 Selected Reserve health professionals in critically 

16 short wartime specialties. 

17 (5) Section 302h(a)(1), relating to accession 

18 bonus for dental officers. 

19 (6) Section 302j(a), relating to accession bonus 

20 for pharmacy officers. 

21 (7) Section 302k(f), relating to accession bonus 

22 for medical officers in critically short wartime spe23 cialties. 


emcdonald on DSK3SPTVN1PROD with BILLS
215 

HR 4909 PCS

1 (8) Section 302l(g), relating to accession bonus 

2 for dental specialist officers in critically short war3 time specialties. 

4 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

5 BONUS AUTHORITIES FOR NUCLEAR OFFI6 CERS. 

7 The following sections of title 37, United States 

8 Code, are amended by striking ‘‘December 31, 2016’’ and 

9 inserting ‘‘December 31, 2017’’: 

10 (1) Section 312(f), relating to special pay for 

11 nuclear-qualified officers extending period of active 

12 service. 

13 (2) Section 312b(c), relating to nuclear career 

14 accession bonus. 

15 (3) Section 312c(d), relating to nuclear career 

16 annual incentive bonus. 

17 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT18 ING TO TITLE 37 CONSOLIDATED SPECIAL 

19 PAY, INCENTIVE PAY, AND BONUS AUTHORI20 TIES. 

21 The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2016’’ and 

23 inserting ‘‘December 31, 2017’’: 

24 (1) Section 331(h), relating to general bonus 

25 authority for enlisted members. 


emcdonald on DSK3SPTVN1PROD with BILLS
216 

HR 4909 PCS

1 (2) Section 332(g), relating to general bonus 

2 authority for officers. 

3 (3) Section 333(i), relating to special bonus and 

4 incentive pay authorities for nuclear officers. 

5 (4) Section 334(i), relating to special aviation 

6 incentive pay and bonus authorities for officers. 

7 (5) Section 335(k), relating to special bonus 

8 and incentive pay authorities for officers in health 

9 professions. 

10 (6) Section 336(g), relating to contracting 

11 bonus for cadets and midshipmen enrolled in the 

12 Senior Reserve Officers’ Training Corps. 

13 (7) Section 351(h), relating to hazardous duty 

14 pay. 

15 (8) Section 352(g), relating to assignment pay 

16 or special duty pay. 

17 (9) Section 353(i), relating to skill incentive 

18 pay or proficiency bonus. 

19 (10) Section 355(h), relating to retention incen20 tives for members qualified in critical military skills 

21 or assigned to high priority units. 


emcdonald on DSK3SPTVN1PROD with BILLS
217 

HR 4909 PCS

1 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO PAYMENT OF OTHER TITLE 37 BO3 NUSES AND SPECIAL PAYS. 

4 The following sections of title 37, United States 

5 Code, are amended by striking ‘‘December 31, 2016’’ and 

6 inserting ‘‘December 31, 2017’’: 

7 (1) Section 301b(a), relating to aviation officer 

8 retention bonus. 

9 (2) Section 307a(g), relating to assignment in10 centive pay. 

11 (3) Section 308(g), relating to reenlistment 

12 bonus for active members. 

13 (4) Section 309(e), relating to enlistment 

14 bonus. 

15 (5) Section 316a(g), relating to incentive pay 

16 for members of precommissioning programs pur17 suing foreign language proficiency. 

18 (6) Section 324(g), relating to accession bonus 

19 for new officers in critical skills. 

20 (7) Section 326(g), relating to incentive bonus 

21 for conversion to military occupational specialty to 

22 ease personnel shortage. 

23 (8) Section 327(h), relating to incentive bonus 

24 for transfer between Armed Forces. 

25 (9) Section 330(f), relating to accession bonus 

26 for officer candidates. 


emcdonald on DSK3SPTVN1PROD with BILLS
218 

HR 4909 PCS

1 SEC. 616. INCREASE IN MAXIMUM AMOUNT OF AVIATION 

2 SPECIAL PAYS FOR FLYING DUTY. 

3 Section 334(c)(1) of title 37, United States Code, is 

4 amended by striking subparagraphs (A) and (B) and in5 serting the following new subparagraphs: 

6 ‘‘(A) aviation incentive pay under sub7 section (a) shall be paid at a monthly rate not 

8 to exceed $1,000 per month; and 

9 ‘‘(B) an aviation bonus under subsection 

10 (b) may not exceed $60,000 for each 12-month 

11 period of obligated service agreed to under sub12 section (d).’’. 

13 SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION 

14 OF SPECIAL PAY, INCENTIVE PAY, AND 

15 BONUS AUTHORITIES. 

16 Section 332(c)(1)(B) of title 37, United States Code, 

17 is amended by striking ‘‘$12,000’’ and inserting 

18 ‘‘$20,000’’. 

19 SEC. 618. TECHNICAL AND CLERICAL AMENDMENTS RELAT20 ING TO 2008 CONSOLIDATION OF CERTAIN 

21 SPECIAL PAY AUTHORITIES. 

22 (a) FAMILY CARE PLANS.—Section 586 of the Na23 tional Defense Authorization Act for Fiscal Year 2008 

24 (Public Law 110–181; 10 U.S.C. 991 note) is amended 

25 by inserting ‘‘or 351’’ after ‘‘section 310’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
219 

HR 4909 PCS

1 (b) DEPENDENTS’ MEDICAL CARE.—Section 

2 1079(g)(1) of title 10, United States Code, is amended 

3 by inserting ‘‘or 351’’ after ‘‘section 310’’. 

4 (c) RETENTION ON ACTIVE DUTY DURING DIS5 ABILITY EVALUATION PROCESS.—Section 1218(d)(1) of 

6 title 10, United States Code, is amended by inserting ‘‘or 

7 351’’ after ‘‘section 310’’. 

8 (d) STORAGE SPACE.—Section 362(1) of the John 

9 Warner National Defense Authorization Act for Fiscal 

10 Year 2007 (Public Law 109–364; 10 U.S.C. 2825 note) 

11 is amended by inserting ‘‘, or paragraph (1) or (3) of sec12 tion 351(a),’’ after ‘‘section 310’’. 

13 (e) STUDENT ASSISTANCE PROGRAMS.—Sections 

14 455(o)(3)(B) and 465(a)(2)(D) of the Higher Education 

15 Act of 1965 (20 U.S.C. 1087e(o)(3)(B), 1087ee(a)(2)(D)) 

16 are amended by inserting ‘‘or paragraph (1) or (3) of sec17 tion 351(a).’’ after ‘‘section 310’’. 

18 (f) ARMED FORCES RETIREMENT HOME.—Section 

19 1512(a)(3)(A) of the Armed Forces Retirement Home Act 

20 of 1991 (24 U.S.C. 412(a)(3)(A)) is amended by inserting 

21 ‘‘or 351’’ after ‘‘section 310’’. 

22 (g) VETERANS OF FOREIGN WARS MEMBERSHIP.— 

23 Section 230103(3) of title 36, United States Code, is 

24 amended by inserting ‘‘or 351’’ after ‘‘section 310’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
220 

HR 4909 PCS

1 (h) MILITARY PAY AND ALLOWANCES.—Title 37, 

2 United States Code, is amended— 

3 (1) in section 212(a), by inserting ‘‘, or para4 graph (1) or (3) of section 351(a),’’ after ‘‘section 

5 310’’; 

6 (2) in section 402a(b)(3)(B), by inserting ‘‘or 

7 351’’ after ‘‘section 310’’; 

8 (3) in section 481a(a), by inserting ‘‘or 351’’ 

9 after ‘‘section 310’’; 

10 (4) in section 907(d)(1)(H), by inserting ‘‘or 

11 351’’ after ‘‘section 310’’; and 

12 (5) in section 910(b)(2)(B), by inserting ‘‘, or 

13 paragraph (1) or (3) of section 351(a),’’ after ‘‘sec14 tion 310’’. 

15 (i) EXCLUSIONS FROM INCOME FOR PURPOSE OF

16 SUPPLEMENTAL SECURITY INCOME.—Section 

17 1612(b)(20) of the Social Security Act (42 U.S.C. 

18 1382a(b)(20)) is amended by inserting ‘‘, or paragraph 

19 (1) or (3) of section 351(a),’’ after ‘‘section 310’’. 

20 (j) EXCLUSIONS FROM INCOME FOR PURPOSE OF

21 HEAD START PROGRAM.—Section 645(a)(3)(B)(i) of the 

22 Head Start Act (42 U.S.C. 9840(a)(3)(B)(i)) is amended 

23 by inserting ‘‘or 351’’ after ‘‘section 310’’. 

24 (k) EXCLUSIONS FROM GROSS INCOME FOR FED25 ERAL INCOME TAX PURPOSES.—Section 112(c)(5)(B) of 


emcdonald on DSK3SPTVN1PROD with BILLS
221 

HR 4909 PCS

1 the Internal Revenue Code of 1986 is amended by insert2 ing ‘‘, or paragraph (1) or (3) of section 351(a),’’ after 

3 ‘‘section 310’’. 

4 SEC. 619. COMBAT-RELATED SPECIAL COMPENSATION CO5 ORDINATING AMENDMENT. 

6 Subparagraph (B) of section 1413a(b)(3) of title 10, 

7 United States Code, is amended by striking ‘‘the amount 

8 equal to’’ and all that follows through ‘‘creditable service 

9 multiplied’’ and inserting the following: ‘‘the amount equal 

10 to the retired pay multiplier determined for the member 

11 under section 1409 of this title multiplied’’. 

12 Subtitle C—Disability, Retired Pay, 

13 and Survivor Benefits 

14 SEC. 621. SEPARATION DETERMINATIONS FOR MEMBERS 

15 PARTICIPATING IN THRIFT SAVINGS PLAN. 

16 The amendment to be made by section 632(c)(2) of 

17 the National Defense Authorization Act for Fiscal Year 

18 2016 (Public Law 114–92; 129 Stat. 847) shall not take 

19 effect. 

20 SEC. 622. CONTINUATION PAY FOR FULL THRIFT SAVINGS 

21 PLAN MEMBERS WHO HAVE COMPLETED 8 TO 

22 12 YEARS OF SERVICE. 

23 (a) CONTINUATION PAY.—Section 356 of title 37, 

24 United States Code, which shall take effect on January 

25 1, 2018, pursuant to section 635 of the National Defense 


emcdonald on DSK3SPTVN1PROD with BILLS
222 

HR 4909 PCS

1 Authorization Act for Fiscal Year 2016 (Public Law 114– 

2 92; 129 Stat. 851), is amended— 

3 (1) in the heading, by striking ‘‘12 years’’ 

4 and inserting ‘‘8 to 12 years’’; 

5 (2) in subsection (a)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

8 ‘‘(1) has completed not less than 8 and not 

9 more than 12 years of service in a uniformed serv10 ice; and’’; and 

11 (B) in paragraph (2), by striking ‘‘an addi12 tional 4 years’’ and inserting ‘‘not less than 3 

13 additional years’’; 

14 (3) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) PAYMENT AMOUNT.—The Secretary concerned 

17 shall determine the payment amount under this section 

18 as a multiple of a full TSP member’s monthly basic pay 

19 but shall not be less than 2.5 times the member’s monthly 

20 basic pay. The maximum amount the Secretary concerned 

21 may pay the member under this section is— 

22 ‘‘(1) in the case of a member of a regular com23 ponent or in a reserve component if the member is 

24 performing active Guard and Reserve duty (as de25 fined in section 101(d)(6) of title 10), 13 times the 


emcdonald on DSK3SPTVN1PROD with BILLS
223 

HR 4909 PCS

1 amount of the monthly basic pay payable to the 

2 member for the month during which the agreement 

3 under subsection (a)(2) is entered into; and 

4 ‘‘(2) in the case of any member not covered by 

5 paragraph (1), 6 times the amount of monthly basic 

6 pay to which the member would be entitled for the 

7 month during which the agreement under subsection 

8 (a)(2) is entered into if the member were serving on 

9 active duty at the time the agreement is entered 

10 into.’’; and 

11 (4) by amending subsection (d) to read as fol12 lows: 

13 ‘‘(d) TIMING OF PAYMENT.—The Secretary con14 cerned shall pay continuation pay under subsection (a) to 

15 a full TSP member when the member has completed not 

16 less than 8 and not more than 12 years of service in a 

17 uniformed service.’’. 

18 (b) CLERICAL AMENDMENT.—The item relating to 

19 section 356 in the table of sections at the beginning of 

20 chapter 5 of title 37, United States Code, which shall take 

21 effect on January 1, 2018, pursuant to section 635 of the 

22 National Defense Authorization Act for Fiscal Year 2016 

23 (Public Law 114–92; 129 Stat. 851), is amended by strik24 ing ‘‘12 years’’ and inserting ‘‘8 to 12 years’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
224 

HR 4909 PCS

1 SEC. 623. SPECIAL SURVIVOR INDEMNITY ALLOWANCE. 

2 (a) PAYMENT AMOUNT PER FISCAL YEAR.—Para3 graph (2)(I) of section 1450(m) of title 10, United States 

4 Code, is amended by striking ‘‘fiscal year 2017’’ and in5 serting ‘‘each of fiscal years 2017 and 2018’’. 

6 (b) DURATION.—Paragraph (6) of such section is 

7 amended— 

8 (1) by striking ‘‘September 30, 2017’’ and in9 serting ‘‘September 30, 2018’’; and 

10 (2) by striking ‘‘October 1, 2017’’ both places 

11 it appears and inserting ‘‘October 1, 2018’’. 

12 (c) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the Secretary of Defense 

14 shall submit to the congressional defense committees a re15 port on the dependency and indemnity compensation offset 

16 under sections 1450(c) of title 10, United States Code. 

17 The report shall include the following: 

18 (1) The total number of individuals affected by 

19 such offset. 

20 (2) Of the number of individuals covered under 

21 paragraph (1), the number who are covered by sec22 tion 1448(d) of title 10, United States Code, listed 

23 by the rank of the deceased member and the current 

24 age of the individual. 

25 (3) Of the number of individuals under para26 graph (1), the number who are not covered by secVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
225 

HR 4909 PCS

1 tion 1448(d) of title 10, United States Code, listed 

2 by the rank of the deceased member and the current 

3 age of the individual. 

4 (4) The average amount of money that is af5 fected by such offset, including the average amounts 

6 with respect to— 

7 (A) individuals described in paragraph (2); 

8 and 

9 (B) individuals described in paragraph (3). 

10 (5) The number of recipients for the special 

11 survivor indemnity allowance under section 1450(m) 

12 of title 10, United States Code. 

13 SEC. 624. EQUAL BENEFITS UNDER SURVIVOR BENEFIT 

14 PLAN FOR SURVIVORS OF RESERVE COMPO15 NENT MEMBERS WHO DIE IN THE LINE OF 

16 DUTY DURING INACTIVE-DUTY TRAINING. 

17 (a) TREATMENT OF INACTIVE-DUTY TRAINING IN

18 SAME MANNER AS ACTIVE DUTY.—Section 1451(c)(1)(A) 

19 of title 10, United States Code, is amended— 

20 (1) in clause (i)— 

21 (A) by inserting ‘‘or 1448(f)’’ after ‘‘sec22 tion 1448(d)’’; and 

23 (B) by inserting ‘‘or (iii)’’ after ‘‘clause 

24 (ii)’’; and 

25 (2) in clause (iii)— 


emcdonald on DSK3SPTVN1PROD with BILLS
226 

HR 4909 PCS

1 (A) by striking ‘‘section 1448(f) of this 

2 title’’ and inserting ‘‘section 1448(f)(1)(A) of 

3 this title by reason of the death of a member 

4 or former member not in line of duty’’; and 

5 (B) by striking ‘‘active service’’ and insert6 ing ‘‘service’’. 

7 (b) CONSISTENT TREATMENT OF DEPENDENT CHIL8 DREN.—Paragraph (2) of section 1448(f) of title 10, 

9 United States Code, is amended to read as follows: 

10 ‘‘(2) DEPENDENT CHILDREN ANNUITY.— 

11 ‘‘(A) ANNUITY WHEN NO ELIGIBLE SUR12 VIVING SPOUSE.—In the case of a person de13 scribed in paragraph (1), the Secretary con14 cerned shall pay an annuity under this sub15 chapter to the dependent children of that per16 son under section 1450(a)(2) of this title as ap17 plicable. 

18 ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS

19 AN ELIGIBLE SURVIVING SPOUSE.—The Sec20 retary may pay an annuity under this sub21 chapter to the dependent children of a person 

22 described in paragraph (1) under section 

23 1450(a)(3) of this title, if applicable, instead of 

24 paying an annuity to the surviving spouse 

25 under paragraph (1), if the Secretary conVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
227 

HR 4909 PCS

1 cerned, in consultation with the surviving 

2 spouse, determines it appropriate to provide an 

3 annuity for the dependent children under this 

4 paragraph instead of an annuity for the sur5 viving spouse under paragraph (1).’’. 

6 (c) DEEMED ELECTIONS.—Section 1448(f) of title 

7 10, United States Code, is further amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(5) DEEMED ELECTION TO PROVIDE AN AN10 NUITY FOR DEPENDENT.—Paragraph (6) of sub11 section (d) shall apply in the case of a member de12 scribed in paragraph (1) who dies after November 

13 23, 2003, when no other annuity is payable on be14 half of the member under this subchapter.’’. 

15 (d) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY

16 ALLOWANCE.—Section 1450(m)(1)(B) of title 10, United 

17 States Code, is amended by inserting ‘‘or (f)’’ after ‘‘sub18 section (d)’’. 

19 (e) APPLICATION OF AMENDMENTS.— 

20 (1) PAYMENT.—No annuity benefit under sub21 chapter II of chapter 73 of title 10, United States 

22 Code, shall accrue to any person by reason of the 

23 amendments made by this section for any period be24 fore the date of the enactment of this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
228 

HR 4909 PCS

1 (2) ELECTIONS.—For any death that occurred 

2 before the date of the enactment of this Act with re3 spect to which an annuity under such subchapter is 

4 being paid (or could be paid) to a surviving spouse, 

5 the Secretary concerned may, within six months of 

6 that date and in consultation with the surviving 

7 spouse, determine it appropriate to provide an annu8 ity for the dependent children of the decedent under 

9 paragraph 1448(f)(2)(B) of title 10, as added by 

10 subsection (b)(1), instead of an annuity for the sur11 viving spouse. Any such determination and resulting 

12 change in beneficiary shall be effective as of the first 

13 day of the first month following the date of the de14 termination. 

15 SEC. 625. USE OF MEMBER’S CURRENT PAY GRADE AND 

16 YEARS OF SERVICE, RATHER THAN FINAL RE17 TIREMENT PAY GRADE AND YEARS OF SERV18 ICE, IN A DIVISION OF PROPERTY INVOLVING 

19 DISPOSABLE RETIRED PAY. 

20 (a) USE OF CURRENT PAY GRADE REQUIRED.—Sec21 tion 1408(a)(4) of title 10, United States Code, is amend22 ed in the matter preceding subparagraph (A) by inserting 

23 after ‘‘member is entitled’’ the following: ‘‘(to be deter24 mined using the member’s pay grade and years of service 

25 at the time of the court order, rather than the member’s 


emcdonald on DSK3SPTVN1PROD with BILLS
229 

HR 4909 PCS

1 pay grade and years of service at the time of retirement, 

2 unless the same)’’. 

3 (b) APPLICATION OF AMENDMENT.—The amendment 

4 made by subsection (a) shall apply with respect to any 

5 division of property as part of a final decree of divorce, 

6 dissolution, annulment, or legal separation involving a 

7 member of the Armed Forces to which section 1408 of 

8 title 10, United States Code, applies that becomes final 

9 after the date of the enactment of this Act. 

10 Subtitle D—Commissary and Non11 appropriated Fund Instrumen12 tality Benefits and Operations 

13 SEC. 631. PROTECTION AND ENHANCEMENT OF ACCESS TO 

14 AND SAVINGS AT COMMISSARIES AND EX15 CHANGES. 

16 (a) OPTIMIZATION STRATEGY.—Section 2481(c) of 

17 title 10, United States Code, is amended by adding at the 

18 end the following paragraph: 

19 ‘‘(3)(A) The Secretary of Defense shall develop and 

20 implement a comprehensive strategy to optimize manage21 ment practices across the defense commissary system and 

22 the exchange system that reduce reliance of those systems 

23 on appropriated funding without reducing benefits to the 

24 patrons of those systems or the revenue generated by non25 appropriated fund entities or instrumentalities of the DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
230 

HR 4909 PCS

1 partment of Defense for the morale, welfare, and recre2 ation of members of the armed forces. 

3 ‘‘(B) The Secretary shall ensure that savings gen4 erated due to such optimization practices are shared by 

5 the defense commissary system and the exchange system 

6 through contracts or agreements that appropriately reflect 

7 the participation of the systems in the development and 

8 implementation of such practices. 

9 ‘‘(C) If the Secretary determines that the reduced re10 liance on appropriated funding pursuant to subparagraph 

11 (A) is insufficient to maintain the benefits to the patrons 

12 of the defense commissary system, and if the Secretary 

13 converts the defense commissary system to a non14 appropriated fund entity or instrumentality pursuant to 

15 paragraph (1) of section 2484(j) of this title, the Secretary 

16 shall transfer appropriated funds pursuant to paragraph 

17 (2) of such section to ensure the maintenance of such ben18 efits. 

19 ‘‘(4) On not less than a quarterly basis, the Secretary 

20 shall provide to the congressional defense committees a 

21 briefing on the defense commissary system, including— 

22 ‘‘(A) an assessment of the savings the system 

23 provides patrons; 

24 ‘‘(B) the status of implementing section 2484(i) 

25 of this title; 


emcdonald on DSK3SPTVN1PROD with BILLS
231 

HR 4909 PCS

1 ‘‘(C) the status of implementing section 

2 2484(j), including whether the system requires any 

3 appropriated funds pursuant to paragraph (2) of 

4 such section; 

5 ‘‘(D) the status of carrying out a program for 

6 such system to sell private label merchandise; and 

7 ‘‘(E) any other matters the Secretary considers 

8 appropriate.’’. 

9 (b) AUTHORIZATION TO SUPPLEMENT APPROPRIA10 TIONS THROUGH BUSINESS OPTIMIZATION.—Section 

11 2483(c) of such title is amended by adding at the end the 

12 following new sentence: ‘‘Such appropriated amounts may 

13 also be supplemented with additional funds derived from 

14 improved management practices implemented pursuant to 

15 sections 2481(c)(3) and 2487(c) of this title and the vari16 able pricing program implemented pursuant to section 

17 2484(i) of this title.’’. 

18 (c) VARIABLE PRICING PILOT PROGRAM.—Section 

19 2484 of such title is amended by adding at the end the 

20 following new subsections: 

21 ‘‘(i) VARIABLE PRICING PROGRAM.—(1) Notwith22 standing subsection (e), and subject to subsection (k), the 

23 Secretary may establish a variable pricing program pursu24 ant to which prices may be established in response to mar25 ket conditions and customer demand, in accordance with 


emcdonald on DSK3SPTVN1PROD with BILLS
232 

HR 4909 PCS

1 the requirements of this subsection. Notwithstanding the 

2 amount of the uniform surcharge assessed in subsection 

3 (d), the Secretary may provide for an alternative sur4 charge of not more than five percent of sales proceeds 

5 under such variable pricing program to be made available 

6 for the purposes specified in subsection (h). 

7 ‘‘(2) Subject to subsection (k), before establishing a 

8 variable pricing program under this subsection, the Sec9 retary shall establish the following: 

10 ‘‘(A) Specific, measurable benchmarks for suc11 cess in the provision of high quality grocery mer12 chandise, discount savings to patrons, and levels of 

13 customer satisfaction while achieving savings for the 

14 Department of Defense. 

15 ‘‘(B) A baseline of overall savings to patrons 

16 achieved by commissary stores prior to the initiation 

17 of the variable pricing program, based on a compari18 son of prices charged by those stores on a regional 

19 basis with prices charged by relevant local competi20 tors for a representative market basket of goods. 

21 ‘‘(3) The Secretary shall ensure that the defense com22 missary system implements the variable pricing program 

23 by conducting price comparisons using the methodology 

24 established for paragraph (2)(B) and adjusting pricing as 

25 necessary to ensure that pricing in the variable pricing 


emcdonald on DSK3SPTVN1PROD with BILLS
233 

HR 4909 PCS

1 program achieves overall savings to patrons that are con2 sistent with the baseline savings established for the rel3 evant region pursuant to such paragraph. 

4 ‘‘(j) CONVERSION TO NONAPPROPRIATED FUND EN5 TITY OR INSTRUMENTALITY.—(1) Subject to subsection 

6 (k), if the Secretary determines that the variable pricing 

7 program has met the benchmarks for success established 

8 pursuant to paragraph (2)(A) of subsection (i) and the 

9 savings requirements established pursuant to paragraph 

10 (3) of such subsection over a period of at least six months, 

11 the Secretary may convert the defense commissary system 

12 to a nonappropriated fund entity or instrumentality, with 

13 operating expenses financed in whole or in part by receipts 

14 from the sale of products and the sale of services. Upon 

15 such conversion, appropriated funds shall be transferred 

16 to the defense commissary system only in accordance with 

17 paragraph (2) or section 2491 of this title. The require18 ments of section 2483 shall not apply to the defense com19 missary system operating as a nonappropriated fund enti20 ty or instrumentality. 

21 ‘‘(2) If the Secretary determines that the defense 

22 commissary system operating as a nonappropriated fund 

23 entity or instrumentality is likely to incur a loss in any 

24 fiscal year as a result of compliance with the savings re25 quirement established in subsection (i), the Secretary shall 


emcdonald on DSK3SPTVN1PROD with BILLS
234 

HR 4909 PCS

1 authorize a transfer of appropriated funds available for 

2 such purpose to the commissary system in an amount suf3 ficient to offset the anticipated loss. Any funds so trans4 ferred shall be considered to be nonappropriated funds for 

5 such purpose. 

6 ‘‘(3)(A) The Secretary of Defense may identify posi7 tions of employees in the defense commissary system who 

8 are paid with appropriated funds whose status may be 

9 converted to the status of an employee of a non10 appropriated fund entity or instrumentality. 

11 ‘‘(B) The status and conversion of employees in a po12 sition identified by the Secretary under subparagraph (A) 

13 shall be addressed as provided in section 2491(c) for em14 ployees in morale, welfare, and recreation programs, in15 cluding with respect to requiring the consent of such em16 ployee to be so converted. 

17 ‘‘(C) No individual who is an employee of the defense 

18 commissary system as of the date of the enactment of this 

19 subsection shall suffer any loss of or decrease in pay as 

20 a result of a conversion made under this paragraph. 

21 ‘‘(k) OVERSIGHT REQUIRED TO ENSURE CONTINUED

22 BENEFIT TO PATRONS.—(1) With respect to each action 

23 described in paragraph (2), the Secretary may not carry 

24 out such action until— 


emcdonald on DSK3SPTVN1PROD with BILLS
235 

HR 4909 PCS

1 ‘‘(A) the Secretary provides to the congressional 

2 defense committees a briefing on such action, includ3 ing a justification for such action; and 

4 ‘‘(B) a period of 30 days has elapsed following 

5 such briefing. 

6 ‘‘(2) The actions described in this paragraph are the 

7 following: 

8 ‘‘(A) Establishing the representative market 

9 basket of goods pursuant to subsection (i)(2)(B). 

10 ‘‘(B) Establishing the variable pricing program 

11 under subsection (i)(1). 

12 ‘‘(C) Converting the defense commissary system 

13 to a nonappropriated fund entity or instrumentality 

14 under subsection (j)(1).’’. 

15 (d) ESTABLISHMENT OF COMMON BUSINESS PRAC16 TICES.—Section 2487 of such title is amended— 

17 (1) by redesignating subsection (c) as sub18 section (d); and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsection (c): 

21 ‘‘(c) COMMON BUSINESS PRACTICES.—(1) Notwith22 standing subsections (a) and (b), the Secretary of Defense 

23 may establish common business processes, practices, and 

24 systems— 


emcdonald on DSK3SPTVN1PROD with BILLS
236 

HR 4909 PCS

1 ‘‘(A) to exploit synergies between the defense 

2 commissary system and the exchange system; and 

3 ‘‘(B) to optimize the operations of the defense 

4 retail systems as a whole and the benefits provided 

5 by the commissaries and exchanges. 

6 ‘‘(2) The Secretary may authorize the defense com7 missary system and the exchange system to enter into con8 tracts or other agreements— 

9 ‘‘(A) for products and services that are shared 

10 by the defense commissary system and the exchange 

11 system; and 

12 ‘‘(B) for the acquisition of supplies, resale 

13 goods, and services on behalf of both the defense 

14 commissary system and the exchange system. 

15 ‘‘(3) For the purpose of a contract or agreement au16 thorized under paragraph (2), the Secretary may— 

17 ‘‘(A) use funds appropriated pursuant to sec18 tion 2483 of this title to reimburse a non19 appropriated fund entity or instrumentality for the 

20 portion of the cost of a contract or agreement en21 tered by the nonappropriated fund entity or instru22 mentality that is attributable to the defense com23 missary system; and 

24 ‘‘(B) authorize the defense commissary system 

25 to accept reimbursement from a nonappropriated 


emcdonald on DSK3SPTVN1PROD with BILLS
237 

HR 4909 PCS

1 fund entity or instrumentality for the portion of the 

2 cost of a contract or agreement entered by the de3 fense commissary system that is attributable to the 

4 nonappropriated fund entity or instrumentality.’’. 

5 (e) AUTHORITY FOR EXPERT COMMERCIAL AD6 VICE.—Section 2485 of such title is amended by adding 

7 at the end the following new subsection: 

8 ‘‘(h) EXPERT COMMERCIAL ADVICE.—The Secretary 

9 of Defense may enter into a contract with an entity to 

10 obtain expert commercial advice, commercial assistance, or 

11 other similar services not otherwise carried out by the De12 fense Commissary Agency, to implement section 2481(c), 

13 subsections (i) and (j) of section 2484, and section 

14 2487(c) of this title.’’. 

15 (f) CLARIFICATION OF REFERENCES TO ‘‘THE EX16 CHANGE SYSTEM’’.—Section 2481(a) of title 10, United 

17 States Code, is amended by adding at the end the fol18 lowing new sentence: ‘‘Any reference in this chapter to ‘the 

19 exchange system’ shall be treated as referring to each sep20 arate administrative entity within the Department of De21 fense through which the Secretary of Defense has imple22 mented the requirement under this subsection for a world23 wide system of exchange stores.’’. 

24 (g) OPERATION OF DEFENSE COMMISSARY SYSTEM

25 AS A NONAPPROPRIATED FUND ENTITY.—In the event 


emcdonald on DSK3SPTVN1PROD with BILLS
238 

HR 4909 PCS

1 that the defense commissary system is converted to a non2 appropriated fund entity or instrumentality as authorized 

3 by section 2484(j)(1) of title 10, United States Code, as 

4 added by subsection (c) of this section, the Secretary 

5 may— 

6 (1) provide for the transfer of commissary as7 sets, including inventory and available funds, to the 

8 nonappropriated fund entity or instrumentality; and 

9 (2) ensure that revenues accruing to the de10 fense commissary system are appropriately credited 

11 to the nonappropriated fund entity or instrumen12 tality. 

13 (h) CONFORMING CHANGE.—Section 2643(b) of such 

14 title is amended by adding at the end the following new 

15 sentence: ‘‘Such appropriated funds may be supplemented 

16 with additional funds derived from improved management 

17 practices implemented pursuant to sections 2481(c)(3) 

18 and 2487(c) of this title.’’. 

19 SEC. 632. ACCEPTANCE OF MILITARY STAR CARD AT COM20 MISSARIES. 

21 (a) IN GENERAL.—The Secretary of Defense shall 

22 ensure that— 

23 (1) commissary stores accept as payment the 

24 Military Star Card; and 


emcdonald on DSK3SPTVN1PROD with BILLS
239 

HR 4909 PCS

1 (2) any financial liability of the United States 

2 relating to such acceptance as payment be assumed 

3 by the Army and Air Force Exchange Service. 

4 (b) MILITARY STAR CARD DEFINED.—In this sec5 tion, the term ‘‘Military Star Card’’ means a credit card 

6 administered under the Exchange Credit Program by the 

7 Army and Air Force Exchange Service. 

8 Subtitle E—Travel and Transpor9 tation Allowances and Other 

10 Matters 

11 SEC. 641. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAV12 EL EXPENSES OF MEMBERS OF THE RE13 SERVES ATTENDING INACTIVE DUTY TRAIN14 ING OUTSIDE OF NORMAL COMMUTING DIS15 TANCES. 

16 Section 478a(c) of title 37, United States Code, is 

17 amended— 

18 (1) by striking ‘‘The amount’’ and inserting the 

19 following: ‘‘(1) Except as provided by paragraph (2), 

20 the amount’’; and 

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) The Secretary concerned may authorize, on a 

24 case-by-case basis, a higher reimbursement amount for a 

25 member under subsection (a) when the member— 


emcdonald on DSK3SPTVN1PROD with BILLS
240 

HR 4909 PCS

1 ‘‘(A) resides— 

2 ‘‘(i) in the same State as the training loca3 tion; and 

4 ‘‘(ii) outside of an urbanized area with a 

5 population of 50,000 or more, as determined by 

6 the Bureau of the Census; and 

7 ‘‘(B) is required to commute to a training loca8 tion— 

9 ‘‘(i) using an aircraft or boat on account of 

10 limited or nonexistent vehicular routes to the 

11 training location or other geographical chal12 lenges; or 

13 ‘‘(ii) from a permanent residence located 

14 more than 75 miles from the training loca15 tion.’’. 

16 SEC. 642. STATUTE OF LIMITATIONS ON DEPARTMENT OF 

17 DEFENSE RECOVERY OF AMOUNTS OWED TO 

18 THE UNITED STATES BY MEMBERS OF THE 

19 UNIFORMED SERVICES, INCLUDING RETIRED 

20 AND FORMER MEMBERS. 

21 Section 1007(c)(3) of title 37, United States Code, 

22 is amended by adding at the end the following new sub23 paragraphs: 

24 ‘‘(C)(i) In accordance with clause (ii), if the indebted25 ness of a member of the uniformed services to the United 


emcdonald on DSK3SPTVN1PROD with BILLS
241 

HR 4909 PCS

1 States occurs, through no fault of the member, as a result 

2 of the overpayment of pay or allowances to the member 

3 or upon the settlement of the member’s accounts, the Sec4 retary concerned may not recover the indebtedness from 

5 the member, including a retired or former member, using 

6 deductions from the pay of the member, deductions from 

7 retired or separation pay, or any other collection method 

8 unless recovery of the indebtedness commences before the 

9 end of the 10-year period beginning on the date on which 

10 the indebtedness was incurred. 

11 ‘‘(ii) Clause (i) applies with respect to cases of indebt12 edness that incur on or after October 1, 2027. 

13 ‘‘(D)(i) Not later than January 1 of each of years 

14 2017 through 2027, the Director of the Defense Finance 

15 and Accounting Service shall review all cases occurring 

16 during the 10-year period prior to the date of the review 

17 of indebtedness of a member of the uniformed services, 

18 including a retired or former member, to the United 

19 States in which— 

20 ‘‘(I) the recovery of the indebtedness com21 menced after the end of the 10-year period begin22 ning on the date on which the indebtedness was in23 curred; or 


emcdonald on DSK3SPTVN1PROD with BILLS
242 

HR 4909 PCS

1 ‘‘(II) the Director did not otherwise notify the 

2 member of such indebtedness during such 10-year 

3 period. 

4 ‘‘(ii) The Director shall submit to the congressional 

5 defense committees and the Committees on Veterans’ Af6 fairs of the House of Representatives and the Senate each 

7 review conducted under clause (i), including the amounts 

8 owed to the United States by the members included in 

9 such review.’’. 

10 TITLE VII—HEALTH CARE 

11 PROVISIONS 

12 Subtitle A—Reform of TRICARE 

13 and Military Health System 

14 SEC. 701. TRICARE PREFERRED AND OTHER TRICARE RE15 FORM. 

16 (a) ESTABLISHMENT.— 

17 (1) TRICARE PREFERRED.—Chapter 55 of 

18 title 10, United States Code, is amended by insert19 ing after section 1074n the following new section: 

20 ‘‘§ 1075. TRICARE Preferred 

21 ‘‘(a) ESTABLISHMENT.—(1) Not later than January 

22 1, 2018, the Secretary of Defense shall establish a self23 managed, preferred-provider network option under the 

24 TRICARE program. Such option shall be known as 

25 ‘TRICARE Preferred’. 


emcdonald on DSK3SPTVN1PROD with BILLS
243 

HR 4909 PCS

1 ‘‘(2) The Secretary shall establish TRICARE Pre2 ferred in all areas. Under TRICARE Preferred, eligible 

3 beneficiaries will not have restrictions on the freedom of 

4 choice of the beneficiary with respect to health care pro5 viders. 

6 ‘‘(b) ENROLLMENT ELIGIBILITY.—(1) The bene7 ficiary categories for purposes of eligibility to enroll in 

8 TRICARE Preferred and cost sharing requirements appli9 cable to such category are as follows: 

10 ‘‘(A) An ‘active-duty family member’ category 

11 that consists of beneficiaries who are covered by sec12 tion 1079 of this title (as dependents of active duty 

13 members). 

14 ‘‘(B) A ‘retired’ category that consists of bene15 ficiaries covered by subsection (c) of section 1086 of 

16 this title, other than Medicare-eligible beneficiaries 

17 described in subsection (d)(2) of such section. 

18 ‘‘(C) A ‘reserve and young adult’ category that 

19 consists of beneficiaries who are covered by— 

20 ‘‘(i) section 1076d of this title; 

21 ‘‘(ii) section 1076e; or 

22 ‘‘(iii) section 1110b. 

23 ‘‘(2) A covered beneficiary who elects to participate 

24 in TRICARE Preferred shall enroll in such option under 

25 section 1099 of this title. 


emcdonald on DSK3SPTVN1PROD with BILLS
244 

HR 4909 PCS

1 ‘‘(c) COST-SHARING REQUIREMENTS.—The cost 

2 sharing requirements under TRICARE Preferred are as 

3 follows: 

4 ‘‘(1) With respect to beneficiaries in the active5 duty family member category or the retired category 

6 by reason of being a member or former member of 

7 the uniformed services who originally enlists or is 

8 appointed in the uniformed services on or after Jan9 uary 1, 2018, or by reason of being a dependent of 

10 such a member, the cost sharing requirements shall 

11 be calculated pursuant to subsection (d)(1). 

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

13 with respect to beneficiaries described in subpara14 graph (B) in the active-duty family member category 

15 or the retired category, the cost sharing require16 ments shall be calculated as if the beneficiary were 

17 enrolled in TRICARE Extra or TRICARE Standard 

18 as if TRICARE Extra or TRICARE Standard, as 

19 the case may be, were still being carried out by the 

20 Secretary. 

21 ‘‘(B) Beneficiaries described in this subpara22 graph are beneficiaries who are eligible to enroll in 

23 the TRICARE program by reason of being a mem24 ber or former member of the uniformed services who 

25 originally enlists or is appointed in the uniformed 


emcdonald on DSK3SPTVN1PROD with BILLS
245 

HR 4909 PCS

1 services before January 1, 2018, or by reason of 

2 being a dependent of such a member. 

3 ‘‘(3) With respect to beneficiaries in the reserve 

4 and young adult category, the cost sharing require5 ments shall be calculated pursuant to subsection 

6 (d)(1) as if the beneficiary were in the active-duty 

7 family member category or the retired category, as 

8 applicable, except that the premiums calculated pur9 suant to sections 1076d, 1076e, or 1110b of this 

10 title, as the case may be, shall apply instead of any 

11 enrollment fee required under this section. 

12 ‘‘(d) COST-SHARING AMOUNTS FOR CERTAIN BENE13 FICIARIES.—(1) Beneficiaries described in subsection 

14 (c)(1) enrolled in TRICARE Preferred shall be subject to 

15 cost-sharing requirements in accordance with the amounts 

16 and percentages under the following table during calendar 

17 year 2018 and as such amounts are adjusted under para18 graph (2) for subsequent years: 

‘‘TRICARE Preferred 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Annual Enrollment $300 / $600 $425 / $850 

Annual deductible $0 $0 

Annual catastrophic cap $1,000 $3,000 

Outpatient visit 

civilian network 

$15 primary care $25 primary care 

$25 specialty care $40 specialty care 


emcdonald on DSK3SPTVN1PROD with BILLS
246 

HR 4909 PCS

‘‘TRICARE Preferred 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Out of network: 20% 25% of out of network 

ER visit civilian 

network 

$40 network $60 network 

20% out of network 

Urgent care civilian network $20 network $40 network 

20% out of network 25% out of network 

Ambulatory surgery civilian network $40 network $80 network 

20% out of network 25% out of network 

Ambulance civilian network $15 $25 

Durable medical 

equipment civilian network 

10% 20% 

Inpatient visit civilian network $60 per network admission $125 per admission network 

20% out of network 25% out of net work 

Inpatient skilled 

nursing/rehab civilian 

$20 per day network $50 per day network 

$50 per day out of network $300 per day or 20% of 

billed charges out of 

network 

1 ‘‘(2) Each dollar amount expressed as a fixed dollar 

2 amount in the table set forth in paragraph (1), and the 

3 amounts determined under subsection (e), shall be annu4 ally indexed to the amount by which retired pay is in5 creased under section 1401a of this title, rounded to the 

6 next lower multiple of $1. The remaining amount above 

7 such multiple of $1 shall be carried over to, and accumu8 lated with, the amount of the increase for the subsequent 

9 year or years and made when the aggregate amount of 


emcdonald on DSK3SPTVN1PROD with BILLS
247 

HR 4909 PCS

1 increases carried over under this clause for a year is $1 

2 or more. 

3 ‘‘(3) Enrollment fees, deductible amounts, and cata4 strophic caps under this section are on a calendar-year 

5 basis. 

6 ‘‘(e) EXCEPTIONS TO CERTAIN COST-SHARING

7 AMOUNTS FOR CERTAIN BENEFICIARIES ELIGIBLE PRIOR

8 TO 2018.—(1) Subject to paragraph (3), and in accord9 ance with subsection (d)(2), the Secretary shall establish 

10 an annual enrollment fee for beneficiaries described in 

11 subsection (c)(2)(B) in the retired category who enroll in 

12 TRICARE Preferred (other than such beneficiaries cov13 ered by paragraph (2)). Such enrollment fee shall be $100 

14 for an individual and $200 for a family. 

15 ‘‘(2) The enrollment fee established pursuant to para16 graph (1) for beneficiaries described in subsection 

17 (c)(2)(B) in the retired category shall not apply with re18 spect to the following beneficiaries: 

19 ‘‘(A) Retired members and the family members 

20 of such members covered by paragraph (1) of section 

21 1086(c) of this title by reason of being retired under 

22 chapter 61 of this title or being a dependent of such 

23 a member. 

24 ‘‘(B) Survivors covered by paragraph (2) of 

25 such section 1086(c). 


emcdonald on DSK3SPTVN1PROD with BILLS
248 

HR 4909 PCS

1 ‘‘(3) The Secretary may not establish an annual en2 rollment fee under paragraph (1) until 90 days has 

3 elapsed following the date on which the Comptroller Gen4 eral of the United States is required to submit the review 

5 under paragraph (4). 

6 ‘‘(4) Not later than February 1, 2020, the Comp7 troller General of the United States shall submit to the 

8 Committees on Armed Services of the House of Represent9 atives and the Senate a review of the following: 

10 ‘‘(A) Whether health care coverage for covered 

11 beneficiaries has changed since the enactment of this 

12 section. 

13 ‘‘(B) Whether covered beneficiaries are able to 

14 obtain appointments for health care according to the 

15 access standards established by the Secretary of De16 fense. 

17 ‘‘(C) The percent of network providers that ac18 cept new patients under the TRICARE program. 

19 ‘‘(D) The satisfaction of beneficiaries under 

20 TRICARE Preferred. 

21 ‘‘(f) PUBLICATION OF MEASURES.—As part of the 

22 administration of TRICARE Prime and TRICARE Pre23 ferred, the Secretary shall publish on a publically available 

24 Internet website of the Department of Defense data on 

25 all measures required by section 711 of the National DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
249 

HR 4909 PCS

1 fense Authorization Act for Fiscal Year 2017. The pub2 lished measures shall be updated not less frequently than 

3 quarterly. 

4 ‘‘(g) CONSTRUCTION.—Nothing in this section may 

5 be construed as affecting the availability of TRICARE 

6 Prime and TRICARE for Life. 

7 ‘‘(h) DEFINITIONS.—In this section, terms ‘active8 duty family member category’, ‘retired category’, and ‘re9 serve and young adult category’ mean the respective cat10 egories of TRICARE Preferred enrollment described in 

11 subsection (b).’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 55 of title 10, 

14 United States Code, is amended by inserting after 

15 the item relating to section 1074n, the following new 

16 item: 

‘‘1075. TRICARE Preferred.’’. 

17 (b) TRICARE PRIME COST SHARING.— 

18 (1) IN GENERAL.—Chapter 55 of title 10, 

19 United States Code, is amended by inserting after 

20 section 1075, as added by subsection (a), the fol21 lowing new section: 

22 ‘‘§ 1075a. TRICARE Prime: cost sharing 

23 ‘‘(a) COST-SHARING REQUIREMENTS.—The cost 

24 sharing requirements under TRICARE Prime are as fol25 lows: 


emcdonald on DSK3SPTVN1PROD with BILLS
250 

HR 4909 PCS

1 ‘‘(1) There are no cost-sharing requirements for 

2 beneficiaries who are covered by section 1074(a) of 

3 this title. 

4 ‘‘(2) With respect to beneficiaries in the active5 duty family member category or the retired category 

6 (as described in section 1075(b)(1) of this title) by 

7 reason of being a member or former member of the 

8 uniformed services who originally enlists or is ap9 pointed in the uniformed services on or after Janu10 ary 1, 2018, or by reason of being a dependent of 

11 such a member, the cost-sharing requirements shall 

12 be calculated pursuant to subsection (b)(1). 

13 ‘‘(3)(A) With respect to beneficiaries described 

14 in subparagraph (B) in the active-duty family mem15 ber category or the retired category (as described in 

16 section 1075(b)(1) of this title), the cost-sharing re17 quirements shall be calculated in accordance with 

18 the other provisions of this chapter without regard 

19 to subsection (b). 

20 ‘‘(B) Beneficiaries described in this subpara21 graph are beneficiaries who are eligible to enroll in 

22 the TRICARE program by reason of being a mem23 ber or former member of the uniformed services who 

24 originally enlists or is appointed in the uniformed 


emcdonald on DSK3SPTVN1PROD with BILLS
251 

HR 4909 PCS

1 services before January 1, 2018, or by reason of 

2 being a dependent of such a member. 

3 ‘‘(b) COST-SHARING AMOUNTS.—(1) Beneficiaries 

4 described in subsection (a)(2) enrolled in TRICARE 

5 Prime shall be subject to cost-sharing requirements in ac6 cordance with the amounts and percentages under the fol7 lowing table during calendar year 2018 and as such 

8 amounts are adjusted under paragraph (2) for subsequent 

9 years: 

‘‘TRICARE Prime 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Annual Enrollment $180 / $360 $325 / $650 

Annual deductible No1 No1

Annual catastrophic 

cap 

$1,000 $3,000 per family 

Outpatient visit civilian network $0 with authorization $20 primary care 

$30 specialty care 

ER visit civilian network $0 $50 network 

Urgent care civilian 

network 

$0 $30 network 

Ambulatory surgery civilian network $0 with authorization $60 network with authorization 

Ambulance civilian 

network 

$0 $20 

Durable medical 

equipment civilian 

network 

$0 with authorization 20% 

Inpatient visit civilian 

network 

$0 with authorization $100 network per admission with authorization 


emcdonald on DSK3SPTVN1PROD with BILLS
252 

HR 4909 PCS

‘‘TRICARE Prime 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Inpatient skilled nursing/rehab civilian $0 with authorization $30 per day network 

with authorization 

1: Deductibles and cost-sharing does apply to TRICARE Prime beneficiaries 

that seek care in the civilian network care through the point-of-service option 

(without a referral). Annual deductible is $300 individual and $600 family. 

Cost-sharing for covered inpatient and outpatient services are 50% of the 

TRICARE allowable charges. 

1 ‘‘(2) Each dollar amount expressed as a fixed dollar 

2 amount in the table set forth in paragraph (1) shall be 

3 annually indexed to the amount by which retired pay is 

4 increased under section 1401a of this title, rounded to the 

5 next lower multiple of $1. The remaining amount above 

6 such multiple of $1 shall be carried over to, and accumu7 lated with, the amount of the increase for the subsequent 

8 year or years and made when the aggregate amount of 

9 increases carried over under this clause for a year is $1 

10 or more. 

11 ‘‘(3) Enrollment fees, deductible amounts, and cata12 strophic caps under this section are on a calendar-year 

13 basis.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 55 of title 10, 

16 United States Code, is amended by inserting after 

17 the item relating to section 1075, as added by sub18 section (a), the following new item: 

‘‘1075a. TRICARE Prime: cost sharing.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
253 

HR 4909 PCS

1 (c) PORTABILITY.—Section 1073 of title 10, United 

2 States Code, is amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(c) PORTABILITY IN PROGRAM.—The Secretary of 

5 Defense shall ensure that the enrollment status of covered 

6 beneficiaries is portable between or among TRICARE pro7 gram regions of the United States and that effective pro8 cedures are in place for automatic electronic transfer of 

9 information between or among contractors responsible for 

10 administration in such regions and prompt communication 

11 with such beneficiaries. Each covered beneficiary enrolled 

12 in TRICARE Prime who has relocated the beneficiary’s 

13 primary residence to a new area in which enrollment in 

14 TRICARE Prime is available shall be able to obtain a new 

15 primary health care manager or provider within 10 days 

16 of the relocation and associated request for such manager 

17 or provider.’’. 

18 (d) TERMINATION OF TRICARE STANDARD AND

19 TRICARE EXTRA.—Beginning on January 1, 2018, the 

20 Secretary of Defense may not carry out TRICARE Stand21 ard and TRICARE Extra under the TRICARE program. 

22 The Secretary shall ensure that any individual who is cov23 ered under TRICARE Standard or TRICARE Extra as 

24 of December 31, 2017, enrolls in TRICARE Prime, 

25 TRICARE Preferred, or TRICARE for Life, as the case 


emcdonald on DSK3SPTVN1PROD with BILLS
254 

HR 4909 PCS

1 may be, as of January 1, 2018, for the individual to con2 tinue coverage under the TRICARE program. 

3 (e) IMPLEMENTATION PLAN.— 

4 (1) IN GENERAL.—Not later than June 1, 

5 2017, the Secretary of Defense shall submit to the 

6 Committees on Armed Services of the House of Rep7 resentatives and the Senate an implementation plan 

8 to improve access to health care for TRICARE bene9 ficiaries pursuant to the amendments made by this 

10 section. 

11 (2) ELEMENTS.—The plan under paragraph (1) 

12 shall— 

13 (A) ensure that at least 85 percent of the 

14 beneficiary population under TRICARE Pre15 ferred is covered by the network by January 1, 

16 2018; 

17 (B) establish access standards for appoint18 ments for health care; 

19 (C) establish mechanisms for monitoring 

20 compliance with access standards; 

21 (D) establish health care provider-to-bene22 ficiary ratios; 

23 (E) monitor on a monthly basis complaints 

24 by beneficiaries with respect to network adeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
255 

HR 4909 PCS

1 quacy and the availability of health care pro2 viders; 

3 (F) establish requirements for mechanisms 

4 to monitor the responses to complaints by bene5 ficiaries; 

6 (G) mechanisms to evaluate the quality 

7 metrics of the network providers established 

8 under section 711; 

9 (H) any recommendations for legislative 

10 action the Secretary determines necessary to 

11 carry out the plan; and 

12 (I) any other elements the Secretary deter13 mines appropriate. 

14 (f) GAO REVIEWS.— 

15 (1) IMPLEMENTATION PLAN.—Not later than 

16 December 1, 2017, the Comptroller General of the 

17 United States shall submit to the Committees on 

18 Armed Services of the House of Representatives and 

19 the Senate a review of the implementation plan of 

20 the Secretary under paragraph (1) of subsection (e), 

21 including an assessment of the adequacy of the plan 

22 in meeting the elements specified in paragraph (2) 

23 of such subsection. 

24 (2) NETWORK.—Not later than September 1, 

25 2017, the Comptroller General shall submit to the 


emcdonald on DSK3SPTVN1PROD with BILLS
256 

HR 4909 PCS

1 Committees on Armed Services of the House of Rep2 resentatives and the Senate a review of the network 

3 established under TRICARE Extra, including the 

4 following: 

5 (A) An identification of the percent of 

6 beneficiaries who are covered by the network. 

7 (B) An assessment of the extent to which 

8 beneficiaries are able to obtain appointments 

9 under TRICARE extra. 

10 (C) The percent of network providers 

11 under TRICARE Extra that accept new pa12 tients under the TRICARE program. 

13 (D) An assessment of the satisfaction of 

14 beneficiaries under TRICARE Extra. 

15 (g) DEFINITIONS.—In this section: 

16 (1) The terms ‘‘uniformed services’’, ‘‘covered 

17 beneficiary’’, ‘‘TRICARE Extra’’, ‘‘TRICARE for 

18 Life’’, ‘‘TRICARE Prime’’, and ‘‘TRICARE Stand19 ard’’ have the meaning given those terms in section 

20 1072 of title 10, United States Code, as amended by 

21 subsection (h). 

22 (2) The term ‘‘TRICARE Preferred’’ means the 

23 self-managed, preferred-provider network option 

24 under the TRICARE program established by section 

25 1075 of such title, as added by subsection (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
257 

HR 4909 PCS

1 (h) CONFORMING AMENDMENTS.— 

2 (1) IN GENERAL.—Title 10, United States 

3 Code, is amended as follows: 

4 (A) Section 1072 is amended— 

5 (i) by striking paragraph (7) and in6 serting the following: 

7 ‘‘(7) The term ‘TRICARE program’ means the 

8 various programs carried out by the Secretary of 

9 Defense under this chapter and any other provision 

10 of law providing for the furnishing of medical and 

11 dental care and health benefits to members and 

12 former members of the uniformed services and their 

13 dependents, including the following health plan op14 tions: 

15 ‘‘(A) TRICARE Prime. 

16 ‘‘(B) TRICARE Preferred. 

17 ‘‘(C) TRICARE for Life.’’; and 

18 (ii) by adding at the end the following 

19 new paragraphs: 

20 ‘‘(11) The term ‘TRICARE Extra’ means the 

21 preferred provider option of the TRICARE program 

22 made available prior to January 1, 2018, under 

23 which TRICARE Standard beneficiaries may obtain 

24 discounts on cost-sharing as a result of using 

25 TRICARE network providers. 


emcdonald on DSK3SPTVN1PROD with BILLS
258 

HR 4909 PCS

1 ‘‘(12) The term ‘TRICARE Preferred’ the self2 managed, preferred-provider network option under 

3 the TRICARE program established by section 1075 

4 of this title. 

5 ‘‘(13) The term ‘TRICARE for Life’ means the 

6 Medicare wraparound coverage option of the 

7 TRICARE program made available to the bene8 ficiary by reason of section 1086(d) of this title. 

9 ‘‘(14) The term ‘TRICARE Prime’ means the 

10 managed care option of the TRICARE program. 

11 ‘‘(15) The term ‘TRICARE Standard’ means 

12 the TRICARE program made available prior to Jan13 uary 1, 2018, covering— 

14 ‘‘(A) medical care to which a dependent 

15 described in section 1076(a)(2) of this title is 

16 entitled; and 

17 ‘‘(B) health benefits contracted for under 

18 the authority of section 1079(a) of this title and 

19 subject to the same rates and conditions as 

20 apply to persons covered under that section.’’. 

21 (B) Section 1076d is amended— 

22 (i) in subsection (d)(1), by inserting 

23 after ‘‘coverage.’’ the following: ‘‘Such pre24 mium shall apply instead of any enrollment 


emcdonald on DSK3SPTVN1PROD with BILLS
259 

HR 4909 PCS

1 fees required under section 1075 of this 

2 section.’’; and 

3 (ii) in subsection (f), by striking para4 graph (2) and inserting the following new 

5 paragraph: 

6 ‘‘(2) The term ‘TRICARE Reserve Select’ 

7 means the TRICARE Preferred self-managed, pre8 ferred-provider network option under section 1075 

9 made available to beneficiaries by reason of this sec10 tion and in accordance with subsection (d)(1).’’; and 

11 (iii) by striking ‘‘TRICARE Stand12 ard’’ each place it appears (including in 

13 the heading of such section) and inserting 

14 ‘‘TRICARE Reserve Select’’. 

15 (C) Section 1076e is amended— 

16 (i) in subsection (d)(1), by inserting 

17 after ‘‘coverage.’’ the following: ‘‘Such pre18 mium shall apply instead of any enrollment 

19 fees required under section 1075 of this 

20 section.’’; and 

21 (ii) in subsection (f), by striking para22 graph (2) and inserting the following new 

23 paragraph: 

24 ‘‘(2) The term ‘TRICARE Retired Reserve’ 

25 means the TRICARE Preferred self-managed, preVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
260 

HR 4909 PCS

1 ferred-provider network option under section 1075 

2 made available to beneficiaries by reason of this sec3 tion and in accordance with subsection (d)(1).’’; 

4 (iii) in subsection (b), by striking 

5 ‘‘TRICARE Standard coverage at’’ and in6 serting ‘‘TRICARE coverage at’’; and 

7 (iv) by striking ‘‘TRICARE Stand8 ard’’ each place it appears (including in 

9 the heading of such section) and inserting 

10 ‘‘TRICARE Retired Reserve’’. 

11 (D) Section 1079a is amended— 

12 (i) in the section heading, by striking 

13 ‘‘CHAMPUS’’ and inserting 

14 ‘‘TRICARE program’’; and 

15 (ii) by striking ‘‘the Civilian Health 

16 and Medical Program of the Uniformed 

17 Services’’ and inserting ‘‘the TRICARE 

18 program’’. 

19 (E) Section 1099(c) is amended by strik20 ing paragraph (2) and inserting the following 

21 new paragraph: 

22 ‘‘(2) A plan under the TRICARE program.’’. 

23 (F) Section 1110b(c)(1) is amended by in24 serting after ‘‘(b).’’ the following: ‘‘Such preVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
261 

HR 4909 PCS

1 mium shall apply instead of any enrollment fees 

2 required under section 1075 of this section.’’. 

3 (2) CLERICAL AMENDMENTS.—The table of sec4 tions at the beginning of chapter 55 of title 10, 

5 United States Code, is further amended— 

6 (A) in the item relating to section 1076d, 

7 by striking ‘‘TRICARE Standard’’ and insert8 ing ‘‘TRICARE Reserve Select’’; 

9 (B) in the item relating to section 1076e, 

10 by striking ‘‘TRICARE Standard’’ and insert11 ing ‘‘TRICARE Retired Reserve’’; and 

12 (C) in the item relating to section 1079a, 

13 by striking ‘‘CHAMPUS’’ and inserting 

14 ‘‘TRICARE program’’. 

15 (3) CONFORMING STYLE.—Any new language 

16 inserted or added to title 10, United States Code, by 

17 an amendment made by this subsection shall con18 form to the typeface and typestyle of the matter in 

19 which the language is so inserted or added. 

20 (i) APPLICATION.—The amendments made by this 

21 section shall apply with respect to the provision of health 

22 care under the TRICARE program beginning on January 

23 1, 2018. 


emcdonald on DSK3SPTVN1PROD with BILLS
262 

HR 4909 PCS

1 SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE 

2 HEALTH AGENCY AND MILITARY MEDICAL 

3 TREATMENT FACILITIES. 

4 (a) ADMINISTRATION.— 

5 (1) IN GENERAL.—Chapter 55 of title 10, 

6 United States Code, is amended by inserting after 

7 section 1073b the following new section: 

8 ‘‘§ 1073c. Administration of Defense Health Agency 

9 and military medical treatment facilities 

10 ‘‘(a) ADMINISTRATION OF MILITARY MEDICAL

11 TREATMENT FACILITIES.—(1) Beginning October 1, 

12 2018, the Director of the Defense Health Agency shall be 

13 responsible for the administration of each military medical 

14 treatment facility, including with respect to— 

15 ‘‘(A) budgetary matters; 

16 ‘‘(B) information technology; 

17 ‘‘(C) health care administration and manage18 ment; 

19 ‘‘(D) administrative policy and procedure; and 

20 ‘‘(E) any other matters the Secretary of De21 fense determines appropriate. 

22 ‘‘(2) The commander of each military medical treat23 ment facility shall be responsible for— 

24 ‘‘(A) ensuring the readiness of the members of 

25 the armed forces and civilian employees at such fa26 cility; and 


emcdonald on DSK3SPTVN1PROD with BILLS
263 

HR 4909 PCS

1 ‘‘(B) furnishing the health care and medical 

2 treatment provided at such facility. 

3 ‘‘(3) The Secretary of Defense shall establish within 

4 the Defense Health Agency a professional staff serving in 

5 senior executive service positions to carry out this sub6 section. The Secretary may carry out this paragraph by 

7 appointing the positions specified in subsections (b) and 

8 (c). 

9 ‘‘(b) DHA ASSISTANT DIRECTOR.—(1) The Sec10 retary of Defense may establish in the Defense Health 

11 Agency an Assistant Director for Health Care Administra12 tion. If so established, the Assistant Director shall— 

13 ‘‘(A) be a career appointee within the senior ex14 ecutive service of the Department; and 

15 ‘‘(B) report directly to the Director of the De16 fense Health Agency. 

17 ‘‘(2) If established under paragraph (1), the Assist18 ant Director shall be appointed from among individuals 

19 who have equivalent education and experience as a chief 

20 executive officer leading a large, civilian health care sys21 tem. 

22 ‘‘(3) If established under paragraph (1), the Assist23 ant Director shall be responsible for the following: 

24 ‘‘(A) Establishing priorities for health care ad25 ministration and management. 


emcdonald on DSK3SPTVN1PROD with BILLS
264 

HR 4909 PCS

1 ‘‘(B) Establishing policies and procedures for 

2 the provision of direct care at military medical treat3 ment facilities. 

4 ‘‘(C) Establishing priorities for budgeting mat5 ters with respect to the provision of direct care at 

6 military medical treatment facilities. 

7 ‘‘(D) Establishing policies and procedures for 

8 clinic management and operations at military med9 ical treatment facilities. 

10 ‘‘(E) Establishing priorities for information 

11 technology at and between the military medical 

12 treatment facilities. 

13 ‘‘(c) DHA DEPUTY ASSISTANT DIRECTORS.—(1)(A) 

14 The Secretary of Defense may establish in the Defense 

15 Health Agency a Deputy Assistant Director for Informa16 tion Operations. 

17 ‘‘(B) If established under subparagraph (A), the Dep18 uty Assistant Director for Information Operations shall be 

19 responsible for management and execution of information 

20 technology operations at and between the military medical 

21 treatment facilities. 

22 ‘‘(2)(A) The Secretary of Defense may establish in 

23 the Defense Health Agency a Deputy Assistant Director 

24 for Financial Operations. 


emcdonald on DSK3SPTVN1PROD with BILLS
265 

HR 4909 PCS

1 ‘‘(B) If established under subparagraph (A), the Dep2 uty Assistant Director for Financial Operations shall be 

3 responsible for the management and execution of budg4 eting matters and financial management with respect to 

5 the provision of direct care at military medical treatment 

6 facilities. 

7 ‘‘(3)(A) The Secretary of Defense may establish in 

8 the Defense Health Agency a Deputy Assistant Director 

9 for Health Care Operations. 

10 ‘‘(B) If established under subparagraph (A), the Dep11 uty Assistant Director for Health Care Operations shall 

12 be responsible for the execution of health care administra13 tion and management in the military medical treatment 

14 facilities. 

15 ‘‘(4)(A) The Secretary of Defense may establish in 

16 the Defense Health Agency a Deputy Assistant Director 

17 for Medical Affairs. 

18 ‘‘(B) If established under subparagraph (A), the Dep19 uty Assistant Director for Medical Affairs shall be respon20 sible for the management and leadership of clinical quality 

21 and process improvement, patient safety, infection control, 

22 graduate medical education, clinical integration, utiliza23 tion review, risk management, patient experience, and ci24 vilian physician recruiting. 


emcdonald on DSK3SPTVN1PROD with BILLS
266 

HR 4909 PCS

1 ‘‘(5) Each Deputy Assistant Director appointed 

2 under paragraphs (1) through (4) shall— 

3 ‘‘(A) be a career appointee within the senior ex4 ecutive service of the Department; and 

5 ‘‘(B) report directly to the Assistant Director 

6 for Health Care Administration. 

7 ‘‘(d) DHA DEPUTY DIRECTOR.—(1) In addition to 

8 the other duties of the Joint Staff Surgeon, the Joint Staff 

9 Surgeon shall serve as the Deputy Director for Combat 

10 Support of the Defense Health Agency. 

11 ‘‘(2) The responsibilities of the Deputy Director shall 

12 include the following: 

13 ‘‘(A) Ensuring that the Defense Health Agency 

14 meets the operational needs of the commanders of 

15 the combatant commands. 

16 ‘‘(B) Coordinating with the military depart17 ments to ensure that the staffing at the military 

18 medical treatment facilities support readiness re19 quirements for members of the armed forces and 

20 health care personnel. 

21 ‘‘(C) Serving as the link between the com22 manders of the combatant commands and the De23 fense Health Agency. 

24 ‘‘(e) APPOINTMENTS.—In carrying out subsection 

25 (a)(3), including with respect to establishing positions 


emcdonald on DSK3SPTVN1PROD with BILLS
267 

HR 4909 PCS

1 under subsections (b) and (c), the Secretary shall make 

2 appointments under such subsections— 

3 ‘‘(1) by not later than October 1, 2018; and 

4 ‘‘(2) by not increasing the number of full-time 

5 equivalent employees of the Defense Health Agency. 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘career appointee’ has the mean8 ing given that term in section 3132(a)(4) of title 5. 

9 ‘‘(2) The term ‘Defense Health Agency’ means 

10 the Defense Agency established pursuant to Depart11 ment of Defense Directive 5136.13, or such suc12 cessor Defense Agency. 

13 ‘‘(3) The term ‘senior executive service’ has the 

14 meaning given that term in section 2101a of title 

15 5.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended 

18 by inserting after the item relating to section 1073b 

19 the following new item: 

‘‘1073c. Administration of Defense Health Agency and military medical treatment facilities.’’. 

20 (b) IMPLEMENTATION PLAN.— 

21 (1) IN GENERAL.—The Secretary of Defense 

22 shall develop a plan to implement section 1073c of 

23 title 10, United States Code, as added by subsection 

24 (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
268 

HR 4909 PCS

1 (2) ELEMENTS.—The plan developed under 

2 paragraph (1) shall include the following: 

3 (A) How the Secretary will carry out sub4 section (a) of such section 1073c. 

5 (B) Efforts to minimize potentially dupli6 cative activities carried out by the elements of 

7 the Defense Health Agency. 

8 (C) Efforts to maximize efficiencies in the 

9 activities carried out by the Defense Health 

10 Agency. 

11 (D) How the Secretary will implement 

12 such section 1073 in a manner that does not in13 crease the number of full-time equivalent em14 ployees of the headquarters activities of the 

15 military health system as of the date of the en16 actment of this Act. 

17 (c) REPORTS.— 

18 (1) INTERIM REPORT.—Not later than March 

19 1, 2017, the Secretary shall submit to the congres20 sional defense committees a report containing— 

21 (A) a preliminary draft of the plan devel22 oped under subsection (b)(1); and 

23 (B) any recommendations for legislative 

24 actions the Secretary determines necessary to 

25 carry out the plan. 


emcdonald on DSK3SPTVN1PROD with BILLS
269 

HR 4909 PCS

1 (2) FINAL REPORT.—Not later than March 1, 

2 2018, the Secretary shall submit to the congres3 sional defense committees a report containing the 

4 final version of the plan developed under subsection 

5 (b)(1). 

6 (3) COMPTROLLER GENERAL REVIEWS.— 

7 (A) The Comptroller General of the United 

8 States shall submit to the congressional defense 

9 committees— 

10 (i) a review of the preliminary draft of 

11 the plan submitted under paragraph (1) by 

12 not later than September 1, 2017; and 

13 (ii) a review of the final version of the 

14 plan submitted under paragraph (2) by not 

15 later than September 1, 2018. 

16 (B) Each review of the plan conducted 

17 under paragraph (A) shall determine whether 

18 the Secretary has addressed the required ele19 ments for the plan under subsection (b)(2). 

20 SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES. 

21 (a) ADMINISTRATION.— 

22 (1) IN GENERAL.—Chapter 55 of title 10, 

23 United States Code, as amended by section 702, is 

24 further amended by inserting after section 1073c the 

25 following new section: 


emcdonald on DSK3SPTVN1PROD with BILLS
270 

HR 4909 PCS

1 ‘‘§ 1073d. Military medical treatment facilities 

2 ‘‘(a) IN GENERAL.—To support the medical readi3 ness of the armed forces and the readiness of medical per4 sonnel, the Secretary of Defense, in consultation with the 

5 Secretaries of the military departments, shall maintain the 

6 military medical treatment facilities described in sub7 sections (b), (c), and (d). 

8 ‘‘(b) MEDICAL CENTERS.—(1) The Secretary of De9 fense shall maintain medical centers in areas with a large 

10 population of members of the armed forces and covered 

11 beneficiaries. 

12 ‘‘(2) Medical centers shall serve as referral facilities 

13 for members and covered beneficiaries who require com14 prehensive health care services that support medical readi15 ness. 

16 ‘‘(3) Medical centers shall consist of the following: 

17 ‘‘(A) Inpatient and outpatient tertiary care fa18 cilities that incorporate specialty and subspecialty 

19 care. 

20 ‘‘(B) Graduate medical education programs. 

21 ‘‘(C) Residency training programs. 

22 ‘‘(D) Level one or level two trauma care capa23 bilities. 

24 ‘‘(c) HOSPITALS.—(1) The Secretary of Defense shall 

25 maintain hospitals in areas where civilian health care faVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
271 

HR 4909 PCS

1 cilities are unable to support the health care needs of 

2 members of the armed forces and covered beneficiaries. 

3 ‘‘(2) Hospitals shall provide— 

4 ‘‘(A) inpatient and outpatient health services to 

5 maintain medical readiness; and 

6 ‘‘(B) such other programs and functions as the 

7 Secretary determines appropriate. 

8 ‘‘(3) Hospitals shall consist of inpatient and out9 patient care facilities with limited specialty care that the 

10 Secretary determines— 

11 ‘‘(A) is cost effective; or 

12 ‘‘(B) is not available at civilian health care fa13 cilities in the area of the hospital. 

14 ‘‘(d) AMBULATORY CARE CENTERS.—(1) The Sec15 retary of Defense shall maintain ambulatory care centers 

16 in areas where civilian health care facilities are able to 

17 support the health care needs of members of the armed 

18 forces and covered beneficiaries. 

19 ‘‘(2) Ambulatory care centers shall provide the out20 patient health services required to maintain medical readi21 ness, including with respect to partnerships established 

22 pursuant to section 707 of the National Defense Author23 ization Act for Fiscal Year 2017. 


emcdonald on DSK3SPTVN1PROD with BILLS
272 

HR 4909 PCS

1 ‘‘(3) Ambulatory care centers shall consist of out2 patient care facilities with limited specialty care that the 

3 Secretary determines— 

4 ‘‘(A) is cost effective; or 

5 ‘‘(B) is not available at civilian health care fa6 cilities in the area of the ambulatory care center.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter, as amended 

9 by section 702, is further amended by inserting after 

10 the item relating to section 1073c the following new 

11 item: 

‘‘1073d. Military medical treatment facilities.’’. 

12 (b) UPDATE OF STUDY.— 

13 (1) IN GENERAL.—The Secretary of Defense, in 

14 collaboration with the Secretaries of the military de15 partments, shall update the report described in para16 graph (2) to address the restructuring or realign17 ment of military medical treatment facilities pursu18 ant to section 1073d of title 10, United States Code, 

19 as added by subsection (a), including with respect to 

20 any expansions or consolidations of such facilities. 

21 (2) REPORT DESCRIBED.—The report described 

22 in this paragraph is the Military Health System 

23 Modernization Study dated May 29th, 2015, re24 quired by section 713(a)(2) of the Carl Levin and 

25 Howard P. ‘‘Buck’’ McKeon National Defense AuVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
273 

HR 4909 PCS

1 thorization Act for Fiscal Year 2015 (Public Law 

2 113–291; 128 Stat. 3414). 

3 (3) SUBMISSION.—Not later than 270 days 

4 after the date of the enactment of this Act, the Sec5 retary of Defense shall submit to the congressional 

6 defense committees the updated report under para7 graph (1). 

8 (c) IMPLEMENTATION PLAN.— 

9 (1) IN GENERAL.—Not later than two years 

10 after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to the congressional 

12 defense committees an implementation plan to re13 structure or realign the military medical treatment 

14 facilities pursuant to section 1073d of title 10, 

15 United States Code, as added by subsection (a). 

16 (2) ELEMENTS.—The implementation plan 

17 under paragraph (1) shall include the following: 

18 (A) With respect to each military medical 

19 treatment facility— 

20 (i) whether the facility will be re21 aligned or restructured under the plan; 

22 (ii) whether the functions of such fa23 cility will be expanded or consolidated; 

24 (iii) the costs of such realignment or 

25 restructuring; 


emcdonald on DSK3SPTVN1PROD with BILLS
274 

HR 4909 PCS

1 (iv) a description of any changes to 

2 the military and civilian personnel assigned 

3 to such facility as of the date of the plan; 

4 (v) a timeline for such realignment or 

5 restructuring; and 

6 (vi) the justifications for such realign7 ment or restructuring, including an assess8 ment of the capacity of the civilian health 

9 care facilities located near such facility. 

10 (B) A description of the relocation of the 

11 graduate medical education programs and the 

12 residency programs. 

13 SEC. 704. ACCESS TO URGENT CARE UNDER TRICARE PRO14 GRAM. 

15 (a) IN GENERAL.—Chapter 55 of title 10, United 

16 States Code, is amended by inserting after section 1077 

17 the following new section: 

18 ‘‘§ 1077a. Access to military medical treatment facili19 ties and other facilities 

20 ‘‘(a) URGENT CARE.—(1) Beginning not later than 

21 one year after the date of the enactment of this section, 

22 the Secretary of Defense shall ensure that military medical 

23 treatment facilities, at locations the Secretary determines 

24 appropriate, provide urgent care services for members of 


emcdonald on DSK3SPTVN1PROD with BILLS
275 

HR 4909 PCS

1 the armed forces and covered beneficiaries until 11:00 p.m 

2 each day. 

3 ‘‘(2) With respect to areas in which a military med4 ical treatment facility covered by paragraph (1) is not lo5 cated, the Secretary shall ensure that members of the 

6 armed forces and covered beneficiaries may access urgent 

7 care clinics that are open during the hours specified in 

8 such paragraph through the health care provider network 

9 under the TRICARE program. 

10 ‘‘(3) A covered beneficiary may access urgent care 

11 services without the need for preauthorization for such 

12 services. 

13 ‘‘(4) The Secretary shall— 

14 ‘‘(A) publish information about changes in ac15 cess to urgent care under the TRICARE program— 

16 ‘‘(i) on the primary publicly available 

17 Internet website of the Department; and 

18 ‘‘(ii) on the primary publicly available 

19 website of each military treatment facility; and 

20 ‘‘(B) ensure that such information is made 

21 available on the publically available Internet website 

22 of each current managed care contractor that has 

23 established a health care provider network under the 

24 TRICARE program. 


emcdonald on DSK3SPTVN1PROD with BILLS
276 

HR 4909 PCS

1 ‘‘(b) NURSE ADVICE LINE.—The Secretary shall en2 sure that the nurse advice line of the Department directs 

3 covered beneficiaries seeking access to care to the source 

4 of the most appropriate level of health care required to 

5 treat the medical conditions of the beneficiaries, including 

6 urgent care services described in subsection (a).’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by inserting 

9 after the item relating to section 1077 the following new 

10 item: 

‘‘1077a. Access to military medical treatment facilities and other facilities’’. 

11 SEC. 705. ACCESS TO PRIMARY CARE CLINICS AT MILITARY 

12 MEDICAL TREATMENT FACILITIES. 

13 (a) IN GENERAL.—Section 1077a of title 10, United 

14 States Code, as added by section 704, is amended by add15 ing at the end the following new subsection: 

16 ‘‘(c) PRIMARY CARE CLINICS.—(1) The Secretary 

17 shall ensure that primary care clinics at military medical 

18 treatment facilities are available for members of the armed 

19 forces and covered beneficiaries between the hours deter20 mined appropriate under paragraph (2), including with re21 spect to expanded hours described in subparagraph (B) 

22 of such paragraph. 

23 ‘‘(2)(A) The Secretary shall determine the hours that 

24 each primary care clinic at a military medical treatment 


emcdonald on DSK3SPTVN1PROD with BILLS
277 

HR 4909 PCS

1 facility is available for members of the armed forces and 

2 covered beneficiaries based on— 

3 ‘‘(i) the needs of the military treatment facility 

4 to meet the access standards under the TRICARE 

5 Prime program; and 

6 ‘‘(ii) the primary care usage patterns of mem7 bers and covered beneficiaries at such military med8 ical treatment facility. 

9 ‘‘(B) The primary care clinic hours at a military med10 ical treatment facility determined under subparagraph (A) 

11 shall include expanded hours beyond regular business 

12 hours during weekdays and the weekend if the Secretary 

13 determines under such subparagraph that sufficient de14 mand exists at the military medical treatment facility for 

15 such expanded primary care clinic hours.’’. 

16 (b) IMPLEMENTATION.—The Secretary of Defense 

17 shall implement subsection (c) of section 1077a of title 

18 10, United States Code, as added by subsection (a), by 

19 not later than 180 days after the date of the enactment 

20 of this Act. 

21 SEC. 706. INCENTIVES FOR VALUE-BASED HEALTH UNDER 

22 TRICARE PROGRAM. 

23 (a) IN GENERAL.—Chapter 55 of title 10, United 

24 States Code, is amended by inserting after section 1095g 

25 the following new section: 


emcdonald on DSK3SPTVN1PROD with BILLS
278 

HR 4909 PCS

1 ‘‘§ 1095h. TRICARE program: value-based health care 

2 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

3 develop and implement value-based incentive programs as 

4 part of any contract awarded under this chapter for the 

5 provision of health care services to covered beneficiaries 

6 to encourage health care providers under the TRICARE 

7 program (including physicians, hospitals, and other per8 sons and facilities involved in providing such health care 

9 services) to improve the following: 

10 ‘‘(1) The quality of health care provided to cov11 ered beneficiaries under the TRICARE program. 

12 ‘‘(2) The experience of covered beneficiaries in 

13 receiving health care under the TRICARE program. 

14 ‘‘(3) The health of covered beneficiaries. 

15 ‘‘(b) VALUE-BASED INCENTIVE PROGRAMS.—(1) In 

16 developing value-based incentive programs under sub17 section (a), the Secretary shall— 

18 ‘‘(A) link payments to health care providers 

19 under the TRICARE program to improved perform20 ance with respect to quality, cost, and reducing the 

21 provision of inappropriate care; 

22 ‘‘(B) consider the characteristics of the popu23 lation of covered beneficiaries affected by the value24 based incentive program; 

25 ‘‘(C) consider how the value-based incentive 

26 program would affect the receipt of health care 


emcdonald on DSK3SPTVN1PROD with BILLS
279 

HR 4909 PCS

1 under the TRICARE program by such covered bene2 ficiaries; 

3 ‘‘(D) establish or maintain an assurance that 

4 such covered beneficiaries will have timely access to 

5 health care during the operation of the value-based 

6 incentive program; 

7 ‘‘(E) ensure that such covered beneficiaries do 

8 not incur any additional costs by reason of the 

9 value-based incentive program; and 

10 ‘‘(F) consider such other factors as the Sec11 retary considers appropriate. 

12 ‘‘(2) With respect to a value-based incentive program 

13 developed and implemented under subsection (a), the Sec14 retary shall ensure that— 

15 ‘‘(A) the size, scope, and duration of the value16 based incentive program is reasonable in relation to 

17 the purpose of the value-based incentive program; 

18 and 

19 ‘‘(B) the value-based incentive program relies 

20 on the core quality performance metrics pursuant to 

21 section 711 of the National Defense Authorization 

22 Act for Fiscal Year 2017. 

23 ‘‘(c) USE OF EXISTING MODELS.—In developing a 

24 value-based incentive program under subsection (a), the 

25 Secretary may adapt a value-based incentive program conVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
280 

HR 4909 PCS

1 ducted by a TRICARE managed care support contractor, 

2 the Centers for Medicare & Medicaid Services, or any 

3 other governmental or commercial health care program.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by inserting 

6 after the item relating to section 1095g the following new 

7 item: 

‘‘1095h. TRICARE program: value-based health care.’’. 

8 (c) BRIEFINGS.— 

9 (1) PRIOR TO CERTAIN CONTRACT MODIFICA10 TIONS.—Not later than 60 days before the date on 

11 which the Secretary of Defense modifies a contract 

12 awarded under chapter 55 of title 10, United States 

13 Code, to implement a value-based incentive program 

14 under section 1095h of such title, as added by sub15 section (a), the Secretary shall provide to the Com16 mittees on Armed Services of the House of Rep17 resentatives and the Senate (and any other appro18 priate congressional committee upon request) a 

19 briefing on any implementation plan of the Secretary 

20 with respect to such a value-based incentive pro21 gram. 

22 (2) ANNUAL BRIEFING.—Not later than one 

23 year after the date of the enactment of this Act, and 

24 annually thereafter through 2022, the Secretary 

25 shall provide to the Committees on Armed Services 


emcdonald on DSK3SPTVN1PROD with BILLS
281 

HR 4909 PCS

1 of the House of Representatives and the Senate (and 

2 any other appropriate congressional committee upon 

3 request) a briefing on the quality performance 

4 metrics and expenditures relating to a value-based 

5 incentive program developed and implemented under 

6 section 1095h of title 10, United States Code, as 

7 added by subsection (a). 

8 (3) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—In this subsection, the term ‘‘appropriate 

10 congressional committees’’ means— 

11 (A) the congressional defense committees; 

12 and 

13 (B) the Committee on Transportation and 

14 Infrastructure of the House of Representatives 

15 and the Committee on Commerce, Science, and 

16 Transportation of the Senate. 

17 SEC. 707. IMPROVEMENTS TO MILITARY-CIVILIAN PART18 NERSHIPS TO INCREASE ACCESS TO HEALTH 

19 CARE AND READINESS. 

20 (a) PARTNERSHIP AGREEMENTS.—Subsection (a) of 

21 section 1096 of title 10, United States Code, is amended 

22 to read as follows: 

23 ‘‘(a) PARTNERSHIP AGREEMENTS.—The Secretary of 

24 Defense may enter into a partnership agreement between 

25 facilities of the uniformed services and local or regional 


emcdonald on DSK3SPTVN1PROD with BILLS
282 

HR 4909 PCS

1 health care systems if the Secretary determines that such 

2 an agreement would— 

3 ‘‘(1) result in the delivery of health care to 

4 which covered beneficiaries are entitled under this 

5 chapter— 

6 ‘‘(A) in a more effective, efficient, or eco7 nomical manner; and 

8 ‘‘(B) at a level of quality at least com9 parable to the quality of services beneficiaries 

10 would receive from a military medical treatment 

11 facility; or 

12 ‘‘(2) provide members of the armed forces with 

13 additional training opportunities to maintain readi14 ness requirements.’’. 

15 (b) IN GENERAL.—Such section 1096 is further 

16 amended— 

17 (1) by redesignating subsections (c) and (d) as 

18 subsections (f) and (g), respectively; and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsections: 

21 ‘‘(c) CRITERIA.—In entering into an agreement 

22 under subsection (a) between a facility of the uniformed 

23 services and a local or regional health care system, the 

24 Secretary shall— 

25 ‘‘(1) identify and analyze— 


emcdonald on DSK3SPTVN1PROD with BILLS
283 

HR 4909 PCS

1 ‘‘(A) the health care delivery options pro2 vided by the local or regional health care sys3 tem; and 

4 ‘‘(B) the health care services provided by 

5 the facility; 

6 ‘‘(2) assess— 

7 ‘‘(A) how such agreement affects the deliv8 ery of health care at the facility and the readi9 ness of the members of the uniformed services; 

10 ‘‘(B) the viability of the agreement with re11 spect to succeeding on a long-term basis in the 

12 local community of the facility; and 

13 ‘‘(C) the cost efficiency and effectiveness of 

14 the agreement; and 

15 ‘‘(3) consult with— 

16 ‘‘(A) the Secretary concerned; 

17 ‘‘(B) representatives from such facility, in18 cluding the leadership of the installation at 

19 which the facility is located, the leadership of 

20 the facility, and covered beneficiaries at such 

21 installation; 

22 ‘‘(C) the TRICARE managed care support 

23 contractor with responsibility for such facility; 

24 ‘‘(D) officials of the Federal, State, and 

25 local governments, as appropriate; and 


emcdonald on DSK3SPTVN1PROD with BILLS
284 

HR 4909 PCS

1 ‘‘(E) representatives from the local or re2 gional health care system. 

3 ‘‘(d) LOCAL CONSORTIUM.—The Secretary shall en4 sure that an agreement entered into under subsection (a) 

5 between a facility of the uniformed services and a local 

6 or regional health care system is developed by a consor7 tium representing the community of the facility and such 

8 health care system. 

9 ‘‘(e) BIENNIAL EVALUATION.—The Secretary of De10 fense shall evaluate each agreement entered into under 

11 subsection (a) on a biennial basis to— 

12 ‘‘(1) assess whether the agreement provides in13 creased access to health care for covered bene14 ficiaries; 

15 ‘‘(2) assess the training opportunities to main16 tain readiness requirements provided pursuant to 

17 such agreement; and 

18 ‘‘(3) determine whether such agreement should 

19 continue.’’. 

20 (c) REMOVAL OF REIMBURSEMENT LIMIT FOR LI21 CENSING FEES.—Subsection (g) of such section 1096, as 

22 redesignated by subsection (a), is amended by striking ‘‘up 

23 to $500 of’’. 

24 SEC. 708. JOINT TRAUMA SYSTEM. 

25 (a) PLAN.— 


emcdonald on DSK3SPTVN1PROD with BILLS
285 

HR 4909 PCS

1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to the Committees on 

4 Armed Services of the House of Representatives and 

5 the Senate an implementation plan to establish a 

6 Joint Trauma System within the Defense Health 

7 Agency that promotes improved trauma care to 

8 members of the Armed Forces and other individuals 

9 who are eligible to be treated for trauma at a mili10 tary medical treatment facility. 

11 (2) IMPLEMENTATION.—The Secretary shall 

12 implement the plan under paragraph (1) after a 90- 

13 day period has elapsed following the date on which 

14 the Comptroller General of the United States is re15 quired to submit to the Committees on Armed Serv16 ices of the House of Representatives and the Senate 

17 the review under subsection (c). In implementing 

18 such plan, the Secretary shall take into account any 

19 recommendation made by the Comptroller General 

20 under such review. 

21 (b) ELEMENTS.—The Joint Trauma System de22 scribed in subsection (a)(1) shall include the following ele23 ments: 

24 (1) Serve as the reference body for all trauma 

25 care provided across the military health system. 


emcdonald on DSK3SPTVN1PROD with BILLS
286 

HR 4909 PCS

1 (2) Establish standards of care for trauma 

2 services provided at military medical treatment fa3 cilities. 

4 (3) Coordinate the translation of research from 

5 the centers of excellence of the Department of De6 fense into standards of clinical trauma care. 

7 (4) Coordinate the incorporation of lessons 

8 learned from the trauma education and training 

9 partnerships pursuant to section 709 into clinical 

10 practice. 

11 (c) REVIEW.—Not later than 120 days after the date 

12 on which the Secretary submits to the Committees on 

13 Armed Services of the House of Representatives and the 

14 Senate the implementation plan under subsection (a)(1), 

15 the Comptroller General of the United States shall submit 

16 to such committees a review of such plan to determine if 

17 each element under subsection (b) is included in such plan. 

18 (d) REVIEW OF MILITARY TRAUMA SYSTEM.—In es19 tablishing a Joint Trauma System, the Secretary of De20 fense may seek to enter into an agreement with a non21 governmental entity with subject matter experts to— 

22 (1) conduct a system-wide review of the military 

23 trauma system; and 


emcdonald on DSK3SPTVN1PROD with BILLS
287 

HR 4909 PCS

1 (2) make publicly available a report containing 

2 such review and recommendations to establish a 

3 comprehensive trauma system for the Armed Forces. 

4 SEC. 709. JOINT TRAUMA EDUCATION AND TRAINING DI5 RECTORATE. 

6 (a) ESTABLISHMENT.—The Secretary of Defense 

7 shall establish a Joint Trauma Education and Training 

8 Directorate (in this section referred to as the ‘‘Direc9 torate’’) to ensure that the traumatologists of the Armed 

10 Forces maintain readiness and are able to be rapidly de11 ployed for future armed conflicts. The Secretary shall 

12 carry out this section in collaboration with the Secretaries 

13 of the military departments. 

14 (b) DUTIES.—The duties of the Directorate are as 

15 follows: 

16 (1) To enter into and coordinate the partner17 ships under subsection (c). 

18 (2) To establish the goals of such partnerships 

19 necessary for trauma combat casualty care teams led 

20 by traumatologists to maintain professional com21 petency in trauma care. 

22 (3) To establish metrics for measuring the per23 formance of such partnerships in achieving such 

24 goals. 


emcdonald on DSK3SPTVN1PROD with BILLS
288 

HR 4909 PCS

1 (4) To develop methods of data collection and 

2 analysis for carrying out paragraph (3). 

3 (5) To communicate and coordinate lessons 

4 learned from such partnerships with the Joint Trau5 ma System established under section 708. 

6 (c) PARTNERSHIPS.— 

7 (1) IN GENERAL.—The Secretary shall enter 

8 into partnerships with civilian academic medical cen9 ters and large metropolitan teaching hospitals that 

10 have level I civilian trauma centers. 

11 (2) TRAUMA COMBAT CASUALTY CARE

12 TEAMS.—Under the partnerships entered into with 

13 civilian academic medical centers and large metro14 politan teaching hospitals under paragraph (1), 

15 trauma combat casualty care teams of the Armed 

16 Forces led by traumatologists of the Armed Forces 

17 shall embed within the trauma centers of the med18 ical centers and hospitals on an enduring basis. 

19 (3) SELECTION.—The Secretary shall select ci20 vilian academic medical centers and large metropoli21 tan teaching hospitals to enter into partnerships 

22 under paragraph (1) based on patient volume, acu23 ity, and other factors the Secretary determines nec24 essary to ensure that the traumatologists of the 

25 Armed Forces and the associated clinical support 


emcdonald on DSK3SPTVN1PROD with BILLS
289 

HR 4909 PCS

1 teams have adequate and continuous exposure to 

2 critically injured patients. 

3 (4) CONSIDERATION.—In entering into partner4 ships under paragraph (1), the Secretary may con5 sider the experiences and lessons learned by the mili6 tary departments that have entered into memoranda 

7 of understanding with civilian medical centers for 

8 trauma care. 

9 (d) ANALYSIS.—The Secretary of Defense shall con10 duct an analysis to determine the number of 

11 traumatologists of the Armed Forces, by specialty, that 

12 must be maintained within the Department of Defense to 

13 meet the requirements of the combatant commands. 

14 (e) IMPLEMENTATION PLAN.—Not later than July 1, 

15 2017, the Secretary shall submit to the Committees on 

16 Armed Services of the House of Representatives and the 

17 Senate an implementation plan for establishing the Joint 

18 Trauma Education and Training Directorate under sub19 section (a) and entering into partnerships under sub20 section (c). 

21 (f) LEVEL I CIVILIAN TRAUMA CENTER DEFINED.— 

22 In this section, the term ‘‘level I civilian trauma center’’ 

23 means a comprehensive regional resource that is a tertiary 

24 care facility central to the trauma system and is capable 


emcdonald on DSK3SPTVN1PROD with BILLS
290 

HR 4909 PCS

1 of providing total care for every aspect of injury from pre2 vention through rehabilitation. 

3 SEC. 710. IMPROVEMENTS TO ACCESS TO HEALTH CARE IN 

4 MILITARY MEDICAL TREATMENT FACILITIES. 

5 (a) FIRST CALL RESOLUTION.— 

6 (1) IN GENERAL.—The Secretary of Defense 

7 shall implement standard processes to ensure that, 

8 in the case of a beneficiary contacting a military 

9 medical treatment facility over the telephone for, at 

10 a minimum, scheduling an appointment, requesting 

11 a prescription drug refill, and other matters deter12 mined appropriate by the Secretary, the needs of the 

13 beneficiary are met during the first such telephone 

14 call. 

15 (2) METRICS.—The Secretary shall— 

16 (A) develop metrics, collect data, and 

17 evaluate the performance of the processes im18 plemented under paragraph (1); and 

19 (B) carry out satisfaction surveys to mon20 itor the satisfaction of beneficiaries with such 

21 processes, including with respect to the satisfac22 tion regarding access to appointments and pa23 tient care. 

24 (b) APPOINTMENT SCHEDULING.— 


emcdonald on DSK3SPTVN1PROD with BILLS
291 

HR 4909 PCS

1 (1) IN GENERAL.—The Secretary shall imple2 ment standard processes to schedule beneficiaries for 

3 appointments at military medical treatment facili4 ties. 

5 (2) ELEMENTS.—The standard processes imple6 mented under paragraph (1) shall include the fol7 lowing: 

8 (A) Requiring clinics at military medical 

9 treatment facilities to allow a beneficiary to 

10 schedule an appointment for wellness visits or 

11 follow-up appointments during the six-month or 

12 longer period beginning on the date of the re13 quest for the appointment. 

14 (B) A process to remind a beneficiary of 

15 future appointments in a manner that the bene16 ficiary prefers, which may include sending post17 cards to the beneficiary prior to appointments 

18 and making reminder telephone calls, emails, or 

19 cellular text messages to the beneficiary at 

20 specified intervals prior to appointments. 

21 (c) APPOINTMENT SUPPLY AND DEMAND.— 

22 (1) PRODUCTIVITY.—The Secretary shall imple23 ment standards for the productivity of health care 

24 providers at military medical treatment facilities. In 

25 developing such standards, the Secretary shall conVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
292 

HR 4909 PCS

1 sider civilian benchmarks for measuring the produc2 tivity of health care providers, the optimal number 

3 of appointments (patient contact hours) required to 

4 maintain access according to the standards devel5 oped by the Secretary, and readiness requirements. 

6 (2) MANAGING USE OF FACE-TO-FACE APPOINT7 MENTS.—The Secretary shall implement strategies 

8 for managing the use of face-to-face appointments at 

9 military medical treatment facilities. Such strategies 

10 may include— 

11 (A) maximizing the use of telehealth and 

12 virtual appointments for beneficiaries at the 

13 discretion of the health care provider and the 

14 beneficiary; 

15 (B) the implementation of remote patient 

16 monitoring of chronic conditions to improve 

17 outcomes and reduce the number of follow-up 

18 appointments for beneficiaries; and 

19 (C) maximizing the use of secure mes20 saging between health care providers and bene21 ficiaries to improve the access of beneficiaries 

22 to health care and reduce the number of visits 

23 for health care needs. 


emcdonald on DSK3SPTVN1PROD with BILLS
293 

HR 4909 PCS

1 (d) IMPLEMENTATION.—The Secretary shall imple2 ment subsections (a), (b), and (c) by not later than Feb3 ruary 1, 2017. 

4 (e) BRIEFING.—Not later than March 1, 2017, the 

5 Secretary shall provide the Committees on Armed Services 

6 of the House of Representatives and the Senate a briefing 

7 on the implementation of subsections (a), (b), and (c). 

8 (f) BENEFICIARIES DEFINED.—In this section, the 

9 term ‘‘beneficiaries’’ means members of the Armed Forces 

10 and covered beneficiaries (as defined in section 1072(5) 

11 of title 10, United States Code). 

12 SEC. 711. ADOPTION OF CORE QUALITY PERFORMANCE 

13 METRICS. 

14 (a) ADOPTION.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary of Defense shall adopt the core quality per18 formance metrics agreed upon by the Core Quality 

19 Measures Collaborative for use by the military 

20 health system and in contracts awarded to carry out 

21 the TRICARE program. 

22 (2) CORE MEASURES.—The core quality per23 formance metrics described in paragraph (1) shall 

24 include the following sets: 


emcdonald on DSK3SPTVN1PROD with BILLS
294 

HR 4909 PCS

1 (A) Accountable care organizations, patient 

2 centered medical homes and primary care. 

3 (B) Cardiology. 

4 (C) Gastroenterology. 

5 (D) HIV and hepatitis C. 

6 (E) Medical oncology. 

7 (F) Obstetrics and gynecology. 

8 (G) Orthopedics. 

9 (b) DEFINITIONS.—In this section: 

10 (1) The term ‘‘Core Quality Measures Collabo11 rative’’ means the collaboration between the Centers 

12 for Medicare & Medicaid Services, major health in13 surance companies, national physician organizations, 

14 and other entities to reach consensus on core per15 formance measures reported by health care pro16 viders. 

17 (2) The term ‘‘TRICARE program’’ has the 

18 meaning given that term in section 1072 of title 10, 

19 United States Code. 

20 SEC. 712. STUDY ON IMPROVING CONTINUITY OF HEALTH 

21 CARE COVERAGE FOR RESERVE COMPO22 NENTS. 

23 (a) STUDY.—The Secretary of Defense shall conduct 

24 a study of options for providing health care coverage that 

25 improves the continuity of health care provided to current 


emcdonald on DSK3SPTVN1PROD with BILLS
295 

HR 4909 PCS

1 and former members of the Selected Reserve of the Ready 

2 Reserve who are not— 

3 (1) serving on active duty; 

4 (2) eligible for the Transitional Assistance Man5 agement Program under section 1145 of title 10, 

6 United States Code; or 

7 (3) eligible for the Federal Employees Health 

8 Benefit Program under chapter 89 of title 5. 

9 (b) ELEMENTS.—The study under subsection (a) 

10 shall address the following: 

11 (1) Whether to allow current and former mem12 bers of the Selected Reserve to participate in the 

13 Federal Employees Health Benefit Program under 

14 chapter 89 of title 5. 

15 (2) Whether to pay a stipend to current and 

16 former members to continue coverage in a health 

17 plan obtained by the member. 

18 (3) Whether to allow current and former mem19 bers to participate in the TRICARE program under 

20 section 1076d of title 10, United States Code. 

21 (4) Whether to allow members of the National 

22 Guard assigned to Homeland Response Force Units 

23 mobilized for a State emergency pursuant to chapter 

24 9 of title 32, United States Code, to remain eligible 

25 for the TRICARE program. 


emcdonald on DSK3SPTVN1PROD with BILLS
296 

HR 4909 PCS

1 (5) Any other options for providing health care 

2 coverage to current and former members of the Se3 lected Reserve the Secretary considers appropriate. 

4 (c) CONSULTATION.—In carrying out the study under 

5 subsection (a), the Secretary shall consult with, and obtain 

6 the opinions of, current and former members of the Se7 lected Reserve, including the leadership of the Selected 

8 Reserve. 

9 (d) SUBMISSION.— 

10 (1) REPORT.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary 

12 shall submit to the congressional defense committees 

13 a report on the study under subsection (a). 

14 (2) MATTERS INCLUDED.—The report under 

15 paragraph (1) shall include the following: 

16 (A) A description of the health care cov17 erage options addressed by the Secretary under 

18 subsection (b). 

19 (B) Identification of such health care cov20 erage option that the Secretary recommends as 

21 the best option. 

22 (C) The justifications for such rec23 ommended best option. 

24 (D) The number and proportion of the cur25 rent and former members of the Selected ReVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
297 

HR 4909 PCS

1 serve projected to participate in such rec2 ommended best option. 

3 (E) A determination of the appropriate 

4 cost sharing for such recommended best option 

5 with respect to the percentage contribution as a 

6 monthly premium for current members of the 

7 Selected Reserve. 

8 (F) An estimate of the cost of imple9 menting such recommended best option. 

10 (G) Any legislative language required to 

11 implement such recommended best option. 

12 Subtitle B—Other Health Care 

13 Benefits 

14 SEC. 721. PROVISION OF HEARING AIDS TO DEPENDENTS 

15 OF RETIRED MEMBERS. 

16 Section 1077 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a)(16), by striking ‘‘A hear19 ing aid’’ and inserting ‘‘Except as provided by sub20 section (g), a hearing aid’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(g) In addition to the authority to provide a hearing 

24 aid under subsection (a)(16), hearing aids may be sold 


emcdonald on DSK3SPTVN1PROD with BILLS
298 

HR 4909 PCS

1 under this section to dependents of former members of 

2 the uniformed services at cost to the United States.’’. 

3 SEC. 722. EXTENDED TRICARE PROGRAM COVERAGE FOR 

4 CERTAIN MEMBERS OF THE NATIONAL 

5 GUARD AND DEPENDENTS DURING CERTAIN 

6 DISASTER RESPONSE DUTY. 

7 (a) IN GENERAL.—Chapter 55 of title 10, United 

8 States Code, is amended by inserting after section 1076e 

9 the following new section: 

10 ‘‘§ 1076f. TRICARE program: extension of coverage 

11 for certain members of the National 

12 Guard and dependents during certain 

13 disaster response duty 

14 ‘‘(a) EXTENDED COVERAGE.—During a period in 

15 which a member of the National Guard is performing dis16 aster response duty, the member shall be treated as being 

17 on active duty for a period of more than 30 days for pur18 poses of the eligibility of the member and dependents of 

19 the member for health care benefits under the TRICARE 

20 program if such period immediately follows a period in 

21 which the member served on full-time National Guard 

22 duty under section 502(f) of title 32, including pursuant 

23 to chapter 9 of such title, unless the Governor of the State 

24 (or, with respect to the District of Columbia, the mayor 

25 of the District of Columbia) determines that such exVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
299 

HR 4909 PCS

1 tended eligibility is not in the best interest of the member 

2 or the State. 

3 ‘‘(b) CONTRIBUTION BY STATE.—(1) The Secretary 

4 may charge a State for the costs of providing coverage 

5 under the TRICARE program to members of the National 

6 Guard of the State and the dependents of the members 

7 pursuant to subsection (a). Such charges shall be paid 

8 from the funds of the State or from any other non-Federal 

9 funds. 

10 ‘‘(2) Any amounts received by the Secretary under 

11 paragraph (1) shall be credited to the appropriation avail12 able for the Defense Health Program Account under sec13 tion 1100 of this title, shall be merged with sums in such 

14 Account that are available for the fiscal year in which col15 lected, and shall be available under subsection (b) of such 

16 section, including to carry out subsection (a) of this sec17 tion. 

18 ‘‘(c) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘disaster response duty’ means 

20 duty performed by a member of the National Guard 

21 in State status pursuant to an emergency declara22 tion by the Governor of the State (or, with respect 

23 to the District of Columbia, the mayor of the Dis24 trict of Columbia) in response to a disaster or in 

25 preparation for an imminent disaster. 


emcdonald on DSK3SPTVN1PROD with BILLS
300 

HR 4909 PCS

1 ‘‘(2) The term ‘State’ means each of the several 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, and any territory or possession of 

4 the United States.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by inserting 

7 after the item relating to section 1076e the following new 

8 item: 

‘‘1076f. TRICARE program: extension of coverage for certain members of the 

National Guard and dependents during certain disaster response duty.’’. 

9 Subtitle C—Health Care 

10 Administration 

11 SEC. 731. PROSPECTIVE PAYMENT OF FUNDS NECESSARY 

12 TO PROVIDE MEDICAL CARE FOR THE COAST 

13 GUARD. 

14 (a) IN GENERAL.—Chapter 13 of title 14, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 519. Prospective payment of funds necessary to 

18 provide medical care 

19 ‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In lieu of 

20 the reimbursement required under section 1085 of title 10, 

21 the Secretary of Homeland Security shall make a prospec22 tive payment to the Secretary of Defense of an amount 

23 that represents the actuarial valuation of treatment or 

24 care— 


emcdonald on DSK3SPTVN1PROD with BILLS
301 

HR 4909 PCS

1 ‘‘(1) that the Department of Defense shall pro2 vide to members of the Coast Guard, former mem3 bers of the Coast Guard, and dependents of such 

4 members and former members (other than former 

5 members and dependents of former members who 

6 are a Medicare-eligible beneficiary or for whom the 

7 payment for treatment or care is made from the 

8 Medicare-Eligible Retiree Health Care Fund) at fa9 cilities under the jurisdiction of the Department of 

10 Defense or a military department; and 

11 ‘‘(2) for which a reimbursement would other12 wise be made under section 1085. 

13 ‘‘(b) AMOUNT.—The amount of the prospective pay14 ment under subsection (a) shall be— 

15 ‘‘(1) in the case of treatment or care to be pro16 vided to members of the Coast Guard and their de17 pendents, derived from amounts appropriated for the 

18 operating expenses of the Coast Guard; 

19 ‘‘(2) in the case of treatment or care to be pro20 vided former members of the Coast Guard and their 

21 dependents, derived from amounts appropriated for 

22 retired pay; 

23 ‘‘(3) determined under procedures established 

24 by the Secretary of Defense; 


emcdonald on DSK3SPTVN1PROD with BILLS
302 

HR 4909 PCS

1 ‘‘(4) paid during the fiscal year in which treat2 ment or care is provided; and 

3 ‘‘(5) subject to adjustment or reconciliation as 

4 the Secretaries determine appropriate during or 

5 promptly after such fiscal year in cases in which the 

6 prospective payment is determined excessive or in7 sufficient based on the services actually provided. 

8 ‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERVICE IN

9 NAVY.—No prospective payment shall be made under this 

10 section for any period during which the Coast Guard oper11 ates as a service in the Navy. 

12 ‘‘(d) RELATIONSHIP TO TRICARE.—This section 

13 shall not be construed to require a payment for, or the 

14 prospective payment of an amount that represents the 

15 value of, treatment or care provided under any TRICARE 

16 program.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 13 of title 14, United States Code, is amended by add19 ing at the end the following: 

‘‘519. Prospective payment of funds necessary to provide medical care.’’. 

20 (c) REPEAL.—Section 217 of the Coast Guard Au21 thorization Act of 2016 (Public Law 114–120), as amend22 ed by section 3504, and the item relating to that section 

23 in the table of contents in section 2 of such Act, are re24 pealed. 


emcdonald on DSK3SPTVN1PROD with BILLS
303 

HR 4909 PCS

1 SEC. 732. REQUIREMENT TO REVIEW AND MONITOR PRE2 SCRIBING PRACTICES AT MILITARY TREAT3 MENT FACILITIES OF PHARMACEUTICAL 

4 AGENTS FOR TREATMENT OF POST-TRAU5 MATIC STRESS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary of Defense 

8 shall— 

9 (1) conduct a comprehensive review of the pre10 scribing practices at military treatment facilities of 

11 pharmaceutical agents for the treatment of post12 traumatic stress; 

13 (2) implement a process or processes to monitor 

14 the prescribing practices at military treatment facili15 ties of pharmaceutical agents that are discouraged 

16 from use under the VA/DOD Clinical Practice 

17 Guideline for Management of Post-Traumatic 

18 Stress; and 

19 (3) implement a plan to address any deviations 

20 from such guideline in prescribing practices of phar21 maceutical agents for management of post-traumatic 

22 stress at such facilities. 

23 (b) PHARMACEUTICAL AGENT DEFINED.—In this 

24 section, the term ‘‘pharmaceutical agent’’ has the meaning 

25 given that term in section 1074g(g) of title 10, United 

26 States Code. 


emcdonald on DSK3SPTVN1PROD with BILLS
304 

HR 4909 PCS

1 SEC. 733. USE OF MEFLOQUINE FOR MALARIA. 

2 (a) MEFLOQUINE.—In providing health care to mem3 bers of the Armed Forces, the Secretary of Defense shall 

4 require— 

5 (1) that the use of mefloquine for the prophy6 laxis of malaria be limited to members with intoler7 ance or contraindications to other chemoprophylaxis; 

8 (2) that mefloquine be prescribed by a licensed 

9 medical provider on an individual basis, and 

10 (3) that members prescribed mefloquine for ma11 laria prophylaxis be counseled by the medical pro12 vider about the potential side effects of the drug and 

13 be provided the Food and Drug Administration-re14 quired patient information handouts. 

15 (b) PROCESS AND REVIEW.— 

16 (1) PROCESS.—Not later than 180 days after 

17 the date of the enactment of this Act, in providing 

18 health care to members of the Armed Forces, the 

19 Secretary shall develop a standardized process to 

20 document the screening for contraindications and 

21 patient education, including a prior authorization 

22 form, to be used by all medical providers prescribing 

23 mefloquine for malaria prophylaxis. 

24 (2) ANNUAL REVIEW.—The Secretary shall con25 duct an annual review of each mefloquine prescrip26 tion at all military medical treatment facilities to 


emcdonald on DSK3SPTVN1PROD with BILLS
305 

HR 4909 PCS

1 evaluate the documentation of the assessment for 

2 contraindications, justification for not using other 

3 chemoprophylaxis, and patient education for the safe 

4 use of mefloquine and its side effects. 

5 (c) ADVERSE HEALTH EFFECTS OF MEFLOQUINE.— 

6 The Secretary of Defense shall expand the missions of the 

7 Hearing Center of Excellence, the Vision Center of Excel8 lence, the Defense Centers of Excellence for Psychological 

9 Health and Traumatic Brain Injury (including the De10 ployment Health Clinical Center), and the Center for De11 ployment Health Research to include, as appropriate, im12 proving the clinical evaluation, diagnosis, management, 

13 and epidemiological study of adverse health effects among 

14 members of the Armed Forces following exposure to 

15 mefloquine. 

16 SEC. 734. APPLIED BEHAVIOR ANALYSIS. 

17 (a) RATES OF REIMBURSEMENT.— 

18 (1) IN GENERAL.—In furnishing applied behav19 ior analysis under the TRICARE program to indi20 viduals described in paragraph (2) during the period 

21 beginning on the date of the enactment of this Act, 

22 and ending on December 31, 2018, the Secretary of 

23 Defense shall ensure that the reimbursement rates 

24 for providers of applied behavior analysis are not 


emcdonald on DSK3SPTVN1PROD with BILLS
306 

HR 4909 PCS

1 less than the rates that were in effect on March 31, 

2 2016. 

3 (2) INDIVIDUALS DESCRIBED.—Individuals de4 scribed in this paragraph are individuals who are 

5 covered beneficiaries (as defined in section 1072 of 

6 title 10, United States Code) by reason of being a 

7 member or former member of the Army, Navy, Air 

8 Force, or Marine Corps, including the reserve com9 ponents thereof, or a dependent of such a member 

10 or former member. 

11 (b) ANALYSIS.— 

12 (1) IN GENERAL.—Upon the completion of the 

13 Department of Defense Comprehensive Autism Care 

14 Demonstration, the Assistant Secretary of Defense 

15 for Health Affairs shall conduct an analysis to— 

16 (A) use data gathered during the dem17 onstration to set future reimbursement rates for 

18 providers of applied behavior analysis under the 

19 TRICARE program; and 

20 (B) review comparative commercial insur21 ance claims for purposes of setting such future 

22 rates, including by— 

23 (i) conducting an analysis of the com24 parative total of commercial insurance 


emcdonald on DSK3SPTVN1PROD with BILLS
307 

HR 4909 PCS

1 claims billed for applied behavior analysis; 

2 and 

3 (ii) reviewing any covered beneficiary 

4 limitations on access to applied behavior 

5 analysis services at various military instal6 lations throughout the United States. 

7 (2) SUBMISSION.—The Assistant Secretary 

8 shall submit to the congressional defense committees 

9 the analysis conducted under paragraph (1). 

10 (c) FUNDING.— 

11 (1) INCREASE.—Notwithstanding the amounts 

12 set forth in the funding tables in division D, the 

13 amount authorized to be appropriated in section 

14 1405 for the Defense Health Program, as specified 

15 in the corresponding funding table in section 4501, 

16 for Private Sector Care is hereby increased by 

17 $32,000,000. 

18 (2) OFFSET.—Notwithstanding the amounts set 

19 forth in the funding tables in division D, the amount 

20 authorized to be appropriated in section 4301 for 

21 operation and maintenance, as specified in the cor22 responding funding table in section 4301, for the Of23 fice of the Secretary of Defense (Line 300) is hereby 

24 reduced by $32,000,000. 


emcdonald on DSK3SPTVN1PROD with BILLS
308 

HR 4909 PCS

1 (d) SENSE OF CONGRESS.—It is the sense of Con2 gress that amounts should be appropriated for behavioral 

3 health treatment of TRICARE beneficiaries, including 

4 pursuant to this section, in a manner to ensure the appro5 priate and equitable access to such treatment by all such 

6 beneficiaries. 

7 Subtitle D—Reports and Other 

8 Matters 

9 SEC. 741. MENTAL HEALTH RESOURCES FOR MEMBERS OF 

10 THE MILITARY SERVICES AT HIGH RISK OF 

11 SUICIDE. 

12 (a) IN GENERAL.—The Secretary of Defense shall 

13 develop a methodology that identifies which members and 

14 units of the military services are at high risk of suicide. 

15 (b) MENTAL HEALTH RESOURCES.— 

16 (1) HIGH RISK MEMBERS OF THE MILITARY

17 SERVICES.—The Secretary of Defense shall use the 

18 results under subsection (c) to— 

19 (A) identify which units have a dispropor20 tionately high rate of suicide and suicide at21 tempts; and 

22 (B) provide additional preventative and 

23 treatment resources for mental health for mem24 bers of the military services who were deployed 


emcdonald on DSK3SPTVN1PROD with BILLS
309 

HR 4909 PCS

1 with the units identified under subparagraph 

2 (A). 

3 (2) PREVENTATIVE MENTAL HEALTH CARE.— 

4 The Secretary of Defense shall use the results under 

5 subsection (c) to— 

6 (A) identify the circumstances of deploy7 ments associated with increased vulnerability to 

8 suicide, including the length of deployment, the 

9 region and area of deployment, and the nature 

10 and extent to which there was contact with 

11 enemy forces; and 

12 (B) provide additional preventative mental 

13 health care to units who currently are, or will 

14 be, deployed under circumstances similar to 

15 those of subparagraph (A). 

16 (3) HIGH RISK VETERANS.—The Secretary of 

17 Veterans Affairs shall use the results under sub18 section (c) to provide outreach regarding the avail19 able preventative and treatment resources for mental 

20 health for enrolled veterans who were deployed with 

21 the units identified under this subsection. 

22 (c) METHODOLOGY.—Not later than 180 days after 

23 the date of the enactment of this Act, the Secretary of 

24 Defense shall develop a methodology to assess the rate of 

25 suicide and suicide attempts of members of the military 


emcdonald on DSK3SPTVN1PROD with BILLS
310 

HR 4909 PCS

1 services of units that have been deployed in support of 

2 a contingency operation after September 11, 2001. 

3 (d) REPORTS.—Not later than September 30, 2017, 

4 the Secretary of Defense and the Secretary of Veterans 

5 Affairs shall submit to the Committee on Armed Services 

6 and the Committee on Veterans’ Affairs of the House of 

7 Representatives and the Committee on Armed Services 

8 and the Committee on Veterans’ Affairs of the Senate a 

9 report on the activities carried out under this section and 

10 the effectiveness of such activities. 

11 (e) RESTRICTION ON USE OF INFORMATION.—Infor12 mation disclosed or obtained pursuant to the provisions 

13 of this section may be used by officers, employees, and 

14 contractors of the Department of Defense only for the 

15 purposes of, and to the extent necessary in, carrying out 

16 this section. 

17 (f) DEFINITIONS.—In this section: 

18 (1) MILITARY SERVICES.—The term ‘‘military 

19 services’’ means the Army, Navy, Air Force, and the 

20 Marine Corps, including the reserve components 

21 thereof. 

22 (2) ENROLLED VETERAN.—The term ‘‘enrolled 

23 veteran’’ means a veteran enrolled in the health care 

24 system of the Department of Veterans Affairs. 


emcdonald on DSK3SPTVN1PROD with BILLS
311 

HR 4909 PCS

1 SEC. 742. RESEARCH OF CHRONIC TRAUMATIC 

2 ENCEPHALOPATHY. 

3 Of the funds authorized to be appropriated by this 

4 Act or otherwise made available for fiscal year 2017 for 

5 advanced development for research, development, test, and 

6 evaluation for the Defense Health Program, not more than 

7 $25,000,000 may be used to award grants to medical re8 searchers and universities to support research into early 

9 detection of chronic traumatic encephalopathy. 

10 SEC. 743. ACTIVE OSCILLATING NEGATIVE PRESSURE 

11 TREATMENT. 

12 In furnishing health care and medical treatment to 

13 members of the Armed Forces who have incurred injuries 

14 from improvised explosive devices and other blast-related 

15 events, the Secretary of Defense shall consider using non16 invasive technologies that increase blood flow to areas of 

17 reduced circulation, including through the use of active os18 cillating negative pressure treatment. 

19 SEC. 744. LONG-TERM STUDY ON HEALTH OF HELICOPTER 

20 AND TILTROTOR PILOTS. 

21 (a) STUDY REQUIRED.—The Secretary of Defense 

22 shall carry out a long-term study of career helicopter and 

23 tiltrotor pilots to assess potential links between the oper24 ation of helicopter and tiltrotor aircraft and acute and 

25 chronic medical conditions experienced by such pilots. 


emcdonald on DSK3SPTVN1PROD with BILLS
312 

HR 4909 PCS

1 (b) ELEMENTS.—The study under subsection (a) 

2 shall include the following: 

3 (1) A study of career helicopter and tiltrotor pi4 lots compared to a control population that— 

5 (A) takes into account the amount of time 

6 such pilots operated aircraft; 

7 (B) examines the severity and rates of 

8 acute and chronic injuries experienced by such 

9 pilots; and 

10 (C) determines whether such pilots experi11 ence a higher degree of acute and chronic med12 ical conditions than the control population. 

13 (2) If a higher degree of acute and chronic 

14 medical conditions is observed among such pilots, an 

15 explanation of— 

16 (A) the specific causes of the conditions 

17 (such as whole body vibration, seat and cockpit 

18 ergonomics, landing loads, hard impacts, and 

19 pilot-worn gear); and 

20 (B) any costs associated with treating the 

21 conditions if the causes are not mitigated. 

22 (3) A review of relevant scientific literature and 

23 prior research. 

24 (4) Such other information as the Secretary de25 termines to be appropriate. 


emcdonald on DSK3SPTVN1PROD with BILLS
313 

HR 4909 PCS

1 (c) DURATION.—The duration of the study under 

2 subsection (a) shall be not more than 2 years. 

3 (d) BRIEFING.—Not later than June 6, 2017, the 

4 Secretary shall provide to the Committees on Armed Serv5 ices of the Senate and House of Representatives (and 

6 other congressional defense committees on request) a 

7 briefing on the progress of the Secretary in carrying out 

8 the study under subsection (a). 

9 SEC. 745. PILOT PROGRAM FOR PRESCRIPTION DRUG AC10 QUISITION COST PARITY IN THE TRICARE 

11 PHARMACY BENEFITS PROGRAM. 

12 (a) AUTHORITY TO ESTABLISH PILOT PROGRAM.— 

13 The Secretary of Defense may conduct a pilot program 

14 to evaluate whether, in carrying out the TRICARE phar15 macy benefits program under section 1074g of title 10, 

16 United States Code, extending additional discounts for 

17 prescription drugs filled at retail pharmacies will maintain 

18 or reduce prescription drug costs for the Department of 

19 Defense. 

20 (b) ELEMENTS OF PILOT PROGRAM.—In carrying 

21 out the pilot program under subsection (a), the Secretary 

22 shall require that for prescription medications, including 

23 but not limited to non-generic maintenance medications, 

24 that are dispensed to retired TRICARE beneficiaries that 

25 are not Medicare eligible, through any TRICARE particiVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
314 

HR 4909 PCS

1 pating retail pharmacy, including small business phar2 macies, manufacturers shall pay rebates such that those 

3 medications are available to the Department at the lowest 

4 rate available. In addition to utilizing the authority under 

5 section 1074g(f) of title 10, United States Code, the Sec6 retary shall have the authority to enter into a purchase 

7 blanket agreement with prescription drug manufactures 

8 for supplemental discounts for prescription drugs dis9 pensed in the pilot to be paid in the form of manufactures 

10 rebates. 

11 (c) CONSULTATION.—The Secretary shall develop the 

12 pilot program in consultation with— 

13 (1) the Secretaries of the military departments, 

14 including Army, Navy and Air Force; 

15 (2) the Chief, Pharmacy Operations Division, of 

16 the Defense Health Agency; and 

17 (3) stakeholders, including TRICARE bene18 ficiaries and retail pharmacies. 

19 (d) DURATION OF PILOT PROGRAM.—If the Sec20 retary carries out the pilot program under subsection (a), 

21 the Secretary shall commence such pilot program no later 

22 than October 1, 2017, and may terminate such program 

23 no later than September 30, 2018. 

24 (e) REPORTS.—If the Secretary carries out the pilot 

25 program under subsection (a), the Secretary of Defense 


emcdonald on DSK3SPTVN1PROD with BILLS
315 

HR 4909 PCS

1 shall submit to the congressional defense committees, in2 cluding the House and Senate Committees on Armed 

3 Services, reports on the pilot program as follows: 

4 (1) Not later than 90 days after the date of the 

5 enactment of this Act, a report containing an imple6 mentation plan for the pilot program. 

7 (2) Not later than 180 days after the date on 

8 which the pilot program commences, an interim re9 port on the pilot program. 

10 (3) Not later than 90 days after the date on 

11 which the pilot program terminates, a final report 

12 describing the results of the pilot program, including 

13 any recommendations of the Secretary to expand 

14 such program. The final report will include— 

15 (A) an analysis of the changes in prescrip16 tion drug costs for the Department related to 

17 the pilot program; 

18 (B) an analysis of the impact on bene19 ficiary access to prescription drugs; 

20 (C) a survey of beneficiary satisfaction 

21 with the pilot program; 

22 (D) a summary of any fraud and abuse ac23 tivities related to the pilot and actions taken in 

24 response by the Department; and 


emcdonald on DSK3SPTVN1PROD with BILLS
316 

HR 4909 PCS

1 (E) a comparison of immunization rates 

2 for beneficiaries participating in the pilot and 

3 those outside of the pilot. 

4 SEC. 746. STUDY ON DISPLAY OF WAIT TIMES AT URGENT 

5 CARE CLINICS, PHARMACIES, AND EMER6 GENCY ROOMS OF MILITARY MEDICAL 

7 TREATMENT FACILITIES. 

8 (a) STUDY.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 shall conduct a study on the feasibility of placing in 

11 a conspicuous location at each urgent care clinic of 

12 a military medical treatment facility, pharmacy of 

13 such a facility, and emergency room of such a facil14 ity an electronic sign that displays the current aver15 age wait time for a patient to be seen by a qualified 

16 medical professional or to receive a filled prescrip17 tion, as the case may be. 

18 (2) DETERMINATION OF CERTAIN WAIT

19 TIMES.—For purposes of conducting the study under 

20 paragraph (1) with respect to urgent care clinics and 

21 emergency rooms, the average wait time that would 

22 be displayed shall be— 

23 (A) determined by calculating, for the 

24 four-hour period preceding the calculation, the 

25 average length of time beginning at the time of 


emcdonald on DSK3SPTVN1PROD with BILLS
317 

HR 4909 PCS

1 the arrival of a patient and ending at the time 

2 at which the patient is first seen by a doctor of 

3 medicine, a doctor of osteopathy, a physician 

4 assistant, or an advanced registered nurse prac5 titioner; and 

6 (B) updated every 30 minutes. 

7 (b) REPORT.—Not later than March 1, 2017, the 

8 Secretary shall submit to the Committees on Armed Serv9 ices of the House of Representatives and the Senate a re10 port on the study conducted under subsection (a)(1), in11 cluding the estimated costs for displaying the wait times 

12 as described in such subsection. 

13 SEC. 747. REPORT ON FEASIBILITY OF INCLUDING ACU14 PUNCTURE AND CHIROPRACTIC SERVICES 

15 FOR RETIREES UNDER TRICARE PROGRAM. 

16 Not later than November 1, 2016, the Secretary of 

17 Defense shall submit to the congressional defense commit18 tees a report on the feasibility of furnishing acupuncture 

19 services and chiropractic services under the TRICARE 

20 program to beneficiaries who are retired members of the 

21 uniformed services (not including any dependent of such 

22 a retired member). 


emcdonald on DSK3SPTVN1PROD with BILLS
318 

HR 4909 PCS

1 SEC. 748. CLARIFICATION OF SUBMISSION OF REPORTS ON 

2 LONGITUDINAL STUDY ON TRAUMATIC 

3 BRAIN INJURY. 

4 Section 1080 of the National Defense Authorization 

5 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

6 1000; 10 U.S.C. 111 note) shall not apply to reports sub7 mitted by the Secretary of Defense to Congress under sec8 tion 721 of the John Warner National Defense Authoriza9 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

10 Stat. 2294). 

11 SEC. 749. INCREASED COLLABORATION WITH NIH TO COM12 BAT TRIPLE NEGATIVE BREAST CANCER. 

13 The Office of Health of the Department of Defense 

14 shall work in collaboration with the National Institutes of 

15 Health to— 

16 (1) identify specific genetic and molecular tar17 gets and biomarkers for triple negative breast can18 cer; and 

19 (2) provide information useful in biomarker se20 lection, drug discovery, and clinical trials design that 

21 will enable both— 

22 (A) triple negative breast cancer patients 

23 to be identified earlier in the progression of 

24 their disease; and 

25 (B) the development of multiple targeted 

26 therapies for the disease. 


emcdonald on DSK3SPTVN1PROD with BILLS
319 

HR 4909 PCS

1 SEC. 750. DEPARTMENT OF DEFENSE STUDIES ON PRE2 VENTING THE DIVERSION OF OPIOID MEDI3 CATIONS. 

4 (a) STUDIES.—With respect to programs of the De5 partment of Defense that dispense drugs to patients, the 

6 Secretary of Defense (referred to in this section as the 

7 ‘‘Secretary’’) shall study the feasibility, the effectiveness 

8 in preventing the diversion of opioid medications, and the 

9 cost-effectiveness of— 

10 (1) requiring that such programs, in appro11 priate cases, dispense opioid medications in vials 

12 using affordable technologies designed to prevent ac13 cess to the medications by anyone other than the in14 tended patient, such as a vial with a locking-cap clo15 sure mechanism; and 

16 (2) the Secretary providing education on the 

17 risks of opioid medications to individuals for whom 

18 such medications are prescribed, and to their fami19 lies, with special consideration given to raising 

20 awareness among adolescents on such risks. 

21 (b) FEEDBACK.—In conducting the studies under 

22 subsection (a), the Secretary shall seek feedback (on a 

23 confidential basis when appropriate) from the individuals 

24 and entities involved in the studies. 

25 (c) REPORT TO CONGRESS.—Not later than one year 

26 after the date of the enactment of this Act, the Secretary 


emcdonald on DSK3SPTVN1PROD with BILLS
320 

HR 4909 PCS

1 shall submit to the Congress a report on the results of 

2 the studies conducted under subsection (a). 

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS 

7 Subtitle A—Amendments to Gen8 eral Contracting Authorities, 

9 Procedures, and Limitations 

10 SEC. 801. REVISION TO AUTHORITIES RELATING TO DE11 PARTMENT OF DEFENSE TEST RESOURCE 

12 MANAGEMENT CENTER. 

13 Section 196 of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (c)(1)(B), by striking ‘‘of the 

16 Major Range and Test Facility Base, including with 

17 respect to the expansion, divestment, consolidation, 

18 or curtailment of activities,’’ and inserting the fol19 lowing: ‘‘that comprise the Major Range and Test 

20 Facility Base and other facilities and resources used 

21 to support the acquisition programs of the Depart22 ment of Defense’’; 

23 (2) in subsection (d)(2)(E)— 

24 (A) by striking ‘‘plans and business case 

25 analyses supporting any significant modification 


emcdonald on DSK3SPTVN1PROD with BILLS
321 

HR 4909 PCS

1 of’’ and inserting ‘‘implementation plans and 

2 analyses supporting any significant change to’’; 

3 and 

4 (B) by striking ‘‘including with respect to 

5 the expansion, divestment, consolidation, or cur6 tailment of activities’’; 

7 (3) in subsection (f)— 

8 (A) in the subsection heading, by striking 

9 ‘‘MODIFICATIONS’’ and inserting ‘‘CHANGES’’; 

10 (B) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘modification of the 

13 test’’ and all that follows through ‘‘activi14 ties,’’ and inserting ‘‘change of the test 

15 and evaluation facilities and resources that 

16 comprise the Major Range and Test Facil17 ity Base and other facilities and resources 

18 used to support the acquisition programs 

19 of the Department of Defense’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘a business case analysis for such modi22 fication’’ and inserting ‘‘an implementation 

23 plan and analysis, including an analysis of 

24 cost considerations, that supports such a 

25 change’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
322 

HR 4909 PCS

1 (iii) in subparagraph (B), by striking 

2 ‘‘analysis and approves such modification’’ 

3 and inserts ‘‘plan and analysis and ap4 proves such change’’; and 

5 (C) in paragraph (2), by striking ‘‘business 

6 case’’ and inserting ‘‘implementation plan and’’; 

7 and 

8 (4) in subsection (i)— 

9 (A) by striking ‘‘In this section, the term’’ 

10 and inserting ‘‘In this section: 

11 ‘‘(1) The term’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) The term ‘significant change’ means— 

15 ‘‘(A) any action that will limit or preclude 

16 a test and evaluation capability from fully per17 forming its intended purpose; 

18 ‘‘(B) any action that affects the ability of 

19 the Department of Defense to conduct test and 

20 evaluation in a timely or cost-effective manner; 

21 or 

22 ‘‘(C) any expansion or addition that devel23 ops a new significant test capability.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
323 

HR 4909 PCS

1 SEC. 802. AMENDMENTS TO RESTRICTIONS ON 

2 UNDEFINITIZED CONTRACTUAL ACTIONS. 

3 (a) ALLOWABLE PROFIT.—Section 2326(e) of title 

4 10, United States Code, is amended— 

5 (1) by redesignating paragraphs (1) and (2) as 

6 subparagraphs (A) and (B); 

7 (2) by inserting ‘‘(1)’’ before ‘‘The head’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) If a contractor submits a qualifying proposal to 

11 definitize an undefinitized contractual action and the con12 tracting officer for such action definitized the contract 

13 after the end of the 180-day period beginning on the date 

14 on which the contractor submitted the qualifying proposal, 

15 the head of the agency concerned shall ensure that the 

16 profit allowed on the contract accurately reflects the cost 

17 risk of the contractor as it existed on the date the con18 tractor submitted the qualifying proposal.’’. 

19 (b) FOREIGN MILITARY SALES.—Section 2326 of 

20 such title is further amended— 

21 (1) by redesignating subsections (f) and (g) as 

22 subsections (g) and (h), respectively; 

23 (2) by inserting after subsection (e) the fol24 lowing new subsection (f): 

25 ‘‘(f) FOREIGN MILITARY SALES.—A contracting offi26 cer of the Department of Defense may not enter into an 


emcdonald on DSK3SPTVN1PROD with BILLS
324 

HR 4909 PCS

1 undefinitized contractual action for a foreign military sale 

2 unless the contractual action provides for agreement upon 

3 contractual terms, specifications, and price by the end of 

4 the 180-day period beginning on the date on which the 

5 contractor submits a qualifying proposal to definitize such 

6 terms, specifications, and price. This subsection may be 

7 waived in the same manner as subsection (b) may be 

8 waived under subsection (b)(4).’’. 

9 (c) DEFINITIONS.—Subsection (h) of such section, as 

10 redesignated by subsection (b), is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking subparagraph (A); and 

13 (B) by redesignating subparagraphs (B), 

14 (C), and (D) as subparagraphs (A), (B), and 

15 (C), respectively; and 

16 (2) in paragraph (2), by striking ‘‘complete and 

17 meaningful audits’’ and all that follows through the 

18 period and inserting ‘‘a meaningful audit of the in19 formation contained in the proposal.’’. 

20 SEC. 803. REVISION TO REQUIREMENTS RELATING TO IN21 VENTORY METHOD FOR DEPARTMENT OF DE22 FENSE CONTRACTS FOR SERVICES. 

23 (a) REVISION TO CURRENT REQUIREMENTS.—Sec24 tion 2330a of title 10, United States Code, is amended— 

25 (1) by striking subsections (c), (d), (f), and (g); 


emcdonald on DSK3SPTVN1PROD with BILLS
325 

HR 4909 PCS

1 (2) by redesignating subsections (e), (h), (i), 

2 and (j) as subsections (d), (e), (f), and (g), respec3 tively; and 

4 (3) by inserting after subsection (b) the fol5 lowing new subsection (c): 

6 ‘‘(c) INVENTORY.—(1) The Secretary of Defense 

7 shall implement a method for inventory of Department of 

8 Defense contracts for services. The method implemented 

9 under this subsection shall provide the capability to— 

10 ‘‘(A) make appropriate comparisons of con11 tractor and Government civilian full-time equivalent 

12 employees for the purpose of informing sourcing de13 cisions and workforce planning in compliance with 

14 section 129a of this title; 

15 ‘‘(B) distinguish between different types of 

16 services contracts, including contracts for labor or 

17 staff augmentation and other types of services con18 tracts; 

19 ‘‘(C) provide qualitative information such as the 

20 nature of the work performed, the place where the 

21 work is actually performed (on-site or off-site), and 

22 the entity for which the work is performed; and 

23 ‘‘(D) identify the number of contractor employ24 ees, expressed as full-time equivalents for direct 


emcdonald on DSK3SPTVN1PROD with BILLS
326 

HR 4909 PCS

1 labor, using direct labor hours and associated cost 

2 data collected from contractors. 

3 ‘‘(2) The Secretary shall ensure that the method im4 plemented under this subsection is auditable at minimal 

5 cost.’’. 

6 (b) IMPLEMENTATION OF INVENTORY METHOD.— 

7 Not later than 90 days after the date of the enactment 

8 of this Act, the Secretary of Defense shall implement a 

9 method for inventory of Department of Defense contracts 

10 for services, as required by subsection (c) of section 

11 2330a, as amended by subsection (a). In implementing the 

12 method, the Secretary shall use methods and systems, in13 cluding time-and-attendance systems, or combinations of 

14 methods and systems, in existence as of the date of the 

15 enactment of this Act, as determined appropriate by the 

16 Secretary. 

17 (c) SUBMISSION TO CONGRESS.—Not later than the 

18 end of the third quarter of each fiscal year, through fiscal 

19 year 2021, the Secretary of Defense shall submit to Con20 gress a summary of the inventory reporting activities per21 formed by each military department, each combatant com22 mand, and each Defense Agency, during the preceding fis23 cal year pursuant to contracts for services (and pursuant 

24 to contracts for goods to the extent services are a signifi25 cant component of performance as identified in a separate 


emcdonald on DSK3SPTVN1PROD with BILLS
327 

HR 4909 PCS

1 line item of a contract) for or on behalf of the Department 

2 of Defense. 

3 (d) CONFORMING AMENDMENTS.— 

4 (1) Section 2330a of title 10, United States 

5 Code, is further amended— 

6 (A) in subsection (d), as redesignated by 

7 subsection (a)(2) of this section, by striking 

8 ‘‘Within 90 days after the date on which an in9 ventory is submitted under subsection (c),’’ and 

10 inserting ‘‘Not later than the end of each fiscal 

11 year,’’; and 

12 (B) in subsection (e), as so redesignated— 

13 (i) by striking ‘‘2014 and ending with 

14 2016’’ and inserting ‘‘2017 and ending 

15 with 2018’’; and 

16 (ii) by striking ‘‘subsections (e) and 

17 (f)’’ and inserting ‘‘subsection (c)’’. 

18 (2) Section 235(b) of such title is amended— 

19 (A) by striking ‘‘and separately’’ and all 

20 the follows through ‘‘amount requested’’ and in21 serting ‘‘and separately identify the amount re22 quested and the number of full-time contractor 

23 employees (or the equivalent of full-time in the 

24 case of part-time contractor employees)’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
328 

HR 4909 PCS

1 (B) by striking ‘‘; and’’ and inserting a pe2 riod; and 

3 (C) by striking paragraph (2). 

4 SEC. 804. PROCUREMENT OF PERSONAL PROTECTIVE 

5 EQUIPMENT. 

6 Section 884 of the National Defense Authorization 

7 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

8 948; 10 U.S.C. 2302 note) is amended— 

9 (1) by inserting ‘‘(a) REQUIREMENT.—’’ before 

10 ‘‘The Secretary of Defense’’; 

11 (2) by striking ‘‘that is predominately’’ and all 

12 that follows through ‘‘price’’ and inserting ‘‘de13 scribed in subsection (b)’’; and 

14 (3) by adding at the end the following new sub15 section: 

16 ‘‘(b) SOURCE SELECTION CRITERIA DESCRIBED.— 

17 For purposes of subsection (a), the source selection cri18 teria described in this subsection are criteria— 

19 ‘‘(1) that are predominately based on technical 

20 qualifications of the item and not predominately 

21 based on price; 

22 ‘‘(2) that do not use reverse auction or lowest 

23 price technically acceptable contracting methods; and 

24 ‘‘(3) that reflect a preference for best value 

25 source selection methods.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
329 

HR 4909 PCS

1 SEC. 805. REVISION TO EFFECTIVE DATE OF SENIOR EXEC2 UTIVE BENCHMARK COMPENSATION FOR AL3 LOWABLE COST LIMITATIONS. 

4 (a) REPEAL OF RETROACTIVE APPLICABILITY.—Sec5 tion 803(c) of the National Defense Authorization Act for 

6 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1485; 

7 10 U.S.C. 2324 note) is amended by striking ‘‘amend8 ments made by’’ and all that follows and inserting 

9 ‘‘amendments made by this section shall apply with re10 spect to costs of compensation incurred after January 1, 

11 2012, under contracts entered into on or after December 

12 31, 2011.’’. 

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) shall take effect as of December 31, 2011, and 

15 shall apply as if included in the National Defense Author16 ization Act for Fiscal Year 2012 as enacted. 

17 SEC. 806. AMENDMENTS RELATED TO DETECTION AND 

18 AVOIDANCE OF COUNTERFEIT ELECTRONIC 

19 PARTS. 

20 Section 818 of the National Defense Authorization 

21 Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 

22 2302 note) is amended— 

23 (1) in paragraph (3) of subsection (c)— 

24 (A) by striking the heading and inserting 

25 ‘‘SUPPLIERS MEETING ANTICOUNTERFEITING

26 REQUIREMENTS.—’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
330 

HR 4909 PCS

1 (B) in subparagraph (A)(i), by striking 

2 ‘‘trusted suppliers in accordance with regula3 tions issued pursuant to subparagraph (C) or 

4 (D) who’’ and inserting ‘‘suppliers that meet 

5 anticounterfeiting requirements in accordance 

6 with regulations issued pursuant to subpara7 graph (C) or (D) and that’’; 

8 (C) in subparagraphs (A)(ii) and (A)(iii), 

9 by striking ‘‘trusted suppliers’’ each place it ap10 pears and inserting ‘‘suppliers that meet 

11 anticounterfeiting requirements’’; 

12 (D) in subparagraph (C), by striking ‘‘as 

13 trusted suppliers those’’ and inserting ‘‘sup14 pliers’’; 

15 (E) in subparagraph (D) in the matter 

16 preceding clause (i), by striking ‘‘trusted sup17 pliers’’ and inserting ‘‘suppliers that meet 

18 anticounterfeiting requirements’’; and 

19 (F) in subparagraphs (D)(i) and (D)(iii), 

20 by striking ‘‘trusted’’ each place it appears; and 

21 (2) in subsection (e)(2)(A)(v), by striking ‘‘use 

22 of trusted suppliers’’ and inserting ‘‘the use of sup23 pliers that meet applicable anticounterfeiting re24 quirements’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
331 

HR 4909 PCS

1 SEC. 807. AMENDMENTS TO SPECIAL EMERGENCY PRO2 CUREMENT AUTHORITY. 

3 Section 1903(a) of title 41, United States Code, is 

4 amended— 

5 (1) by striking ‘‘or’’ at the end of paragraph 

6 (1); 

7 (2) by striking the period at the end of para8 graph (2) and inserting a semicolon; and 

9 (3) by adding after paragraph (2) the following 

10 new paragraphs: 

11 ‘‘(3) in support of a request from the Secretary 

12 of State or the Administrator of the United States 

13 Agency for International Development to facilitate 

14 the provision of international disaster assistance 

15 pursuant to chapter 9 of part I of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2292 et seq.); or 

17 ‘‘(4) in support of an emergency or major dis18 aster (as those terms are defined in section 102 of 

19 the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5122)).’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
332 

HR 4909 PCS

1 SEC. 808. COMPLIANCE WITH DOMESTIC SOURCE REQUIRE2 MENTS FOR FOOTWEAR FURNISHED TO EN3 LISTED MEMBERS OF THE ARMED FORCES 

4 UPON THEIR INITIAL ENTRY INTO THE 

5 ARMED FORCES. 

6 Section 418 of title 37, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(d)(1) In the case of athletic footwear needed by 

10 members of the Army, Navy, Air Force, or Marine Corps 

11 upon their initial entry into the armed forces, the Sec12 retary of Defense shall furnish such footwear directly to 

13 the members instead of providing a cash allowance to the 

14 members for the purchase of such footwear. 

15 ‘‘(2) In procuring athletic footwear to comply with 

16 paragraph (1), the Secretary of Defense shall comply with 

17 the requirements of section 2533a of title 10, without re18 gard to the applicability of any simplified acquisition 

19 threshold under chapter 137 of title 10 (or any other pro20 vision of law). 

21 ‘‘(3) This subsection does not prohibit the provision 

22 of a cash allowance to a member described in paragraph 

23 (1) for the purchase of athletic footwear if such foot24 wear— 

25 ‘‘(A) is medically required to meet unique phys26 iological needs of the member; and 


emcdonald on DSK3SPTVN1PROD with BILLS
333 

HR 4909 PCS

1 ‘‘(B) cannot be met with athletic footwear that 

2 complies with the requirements of this subsection.’’. 

3 SEC. 809. REQUIREMENT FOR POLICIES AND STANDARD 

4 CHECKLIST IN PROCUREMENT OF SERVICES. 

5 (a) REQUIREMENT.—Section 2330a of title 10, 

6 United States Code, as amended by section 803, is further 

7 amended by adding by adding at the end the following new 

8 subsection: 

9 ‘‘(h) REQUEST FOR SERVICES CONTRACT AP10 PROVAL.—(1) The Under Secretary of Defense for Per11 sonnel and Readiness shall— 

12 ‘‘(A) ensure that Department of Defense In13 struction 1100.22, Guidance for Manpower Mix, is 

14 modified to incorporate policies establishing a stand15 ard checklist to be completed ensuring the appro16 priate alignment of workload to the private sector 

17 prior to the issuance of a solicitation for any new 

18 contract for services or exercising an option under 

19 an existing contract for services, including services 

20 provided under a contract for goods; and 

21 ‘‘(B) in coordination with the Under Secretary 

22 of Defense for Acquisition, Technology, and Logis23 tics, ensure that such policies and checklist are in24 corporated by reference or otherwise into the Service 

25 Requirements Review Board processes established 


emcdonald on DSK3SPTVN1PROD with BILLS
334 

HR 4909 PCS

1 under Department of Defense Instruction 5000.74 

2 and into the pre-solicitation requirements of the De3 fense Federal Acquisition Regulation Supplement. 

4 ‘‘(2) Such checklist shall, at minimum, consolidate 

5 and address workforce management and sourcing consid6 erations established under sections 129, 129a, 2461, and 

7 2463 of this title as well as Office of Federal Procurement 

8 Policy Letter 11–01.’’. 

9 (b) ARMY MODEL.—In implementing section 

10 2330a(g) of title 10, United States Code, as added by sub11 section (a), the Under Secretary of Defense for Personnel 

12 and Readiness shall model, to the maximum extent prac13 ticable, its policies and checklist on the policies and check14 list relating to services contract approval established and 

15 in use by the Department of the Army (as set forth in 

16 the request for services contract approval form updated 

17 as of August 2012, or any successor form). 

18 (c) DEADLINE.—The policies required under such 

19 section 2230a(g) of such title, as so added, shall be issued 

20 within one year after the date of the enactment of this 

21 Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
335 

HR 4909 PCS

1 SEC. 809A. EXTENSION OF LIMITATION ON AGGREGATE AN2 NUAL AMOUNT AVAILABLE FOR CONTRACT 

3 SERVICES. 

4 Section 808 of the National Defense Authorization 

5 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

6 1489), as most recently amended by section 813 of the 

7 National Defense Authorization Act for Fiscal Year 2015 

8 (Public Law 113–291; 128 Stat. 3429) is further amend9 ed— 

10 (1) in subsections (a) and (b), by striking ‘‘or 

11 2015’’ and inserting ‘‘2015, 2016, or 2017’’; 

12 (2) in subsection (c)(3), by striking ‘‘and 2015’’ 

13 and inserting ‘‘2015, 2016, and 2017’’; 

14 (3) in subsection (d)(4), by striking ‘‘or 2015’’ 

15 and inserting ‘‘2015, 2016, or 2017’’; and 

16 (4) in subsection (e), by striking ‘‘2015’’ and 

17 inserting ‘‘2017’’. 

18 SEC. 809B. EXTENSION OF AUTHORITY FOR ENHANCED 

19 TRANSFER OF TECHNOLOGY DEVELOPED AT 

20 DEPARTMENT OF DEFENSE LABORATORIES. 

21 Section 801(e) of the National Defense Authorization 

22 Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 

23 804; 10 U.S.C. 2514 note) is amended by striking ‘‘2017’’ 

24 and inserting ‘‘2021’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
336 

HR 4909 PCS

1 Subtitle B—Provisions Relating to 

2 Major Defense Acquisition Pro3 grams 

4 SEC. 811. CHANGE IN DATE OF SUBMISSION TO CONGRESS 

5 OF SELECTED ACQUISITION REPORTS. 

6 Section 2432(f) of title 10, United States Code, is 

7 amended by striking ‘‘45’’ the first place it occurs and 

8 inserting ‘‘10’’. 

9 SEC. 812. AMENDMENTS RELATING TO INDEPENDENT COST 

10 ESTIMATION AND COST ANALYSIS. 

11 (a) AMENDMENTS.—Section 2334 of title 10, United 

12 States Code, is amended— 

13 (1) in subsection (a)(3), by striking ‘‘selection 

14 of confidence levels’’ both places it appears and in15 serting ‘‘discussion of risk’’; 

16 (2) in subsection (a)(6)— 

17 (A) by inserting ‘‘or approve’’ after ‘‘con18 duct’’; 

19 (B) by striking ‘‘major defense acquisition 

20 programs’’ and all that follows through ‘‘Au21 thority—’’ and inserting ‘‘all major defense ac22 quisition programs, major automated informa23 tion system programs, and major subpro24 grams—’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
337 

HR 4909 PCS

1 (C) in subparagraph (B), by striking ‘‘or 

2 upon the request’’ and all that follows through 

3 the semicolon at the end and inserting ‘‘, upon 

4 the request of the Under Secretary of Defense 

5 for Acquisition, Technology, and Logistics, or 

6 upon the request of the milestone decision au7 thority;’’ 

8 (3) by redesignating subsections (b), (c), (d), 

9 (e), and (f) as subsections (c), (d), (e), (f), and (h), 

10 respectively; 

11 (4) by inserting after subsection (a) the fol12 lowing new subsection (b): 

13 ‘‘(b) INDEPENDENT COST ESTIMATE REQUIRED BE14 FORE APPROVAL.—(1) A milestone decision authority may 

15 not approve the system development and demonstration, 

16 or production and deployment, of a major defense acquisi17 tion program, major automated information system pro18 gram, or major subprogram unless an independent cost 

19 estimate of the full life-cycle cost of the program or sub20 program has been conducted or approved by the Director 

21 of Cost Assessment and Program Evaluation and consid22 ered by the milestone decision authority. 

23 ‘‘(2) The regulations governing the content and sub24 mission of independent cost estimates required by sub25 section (a) shall require that the independent cost estimate 


emcdonald on DSK3SPTVN1PROD with BILLS
338 

HR 4909 PCS

1 of the full life-cycle cost of a program or subprogram in2 clude— 

3 ‘‘(A) all costs of development, procurement, 

4 military construction, operations and support, and 

5 trained manpower to operate, maintain, and support 

6 the program or subprogram upon full operational de7 ployment, without regard to funding source or man8 agement control; and 

9 ‘‘(B) an analysis to support decision making 

10 that identifies and evaluates alternative courses of 

11 action that may reduce cost, reduce risk, and result 

12 in more affordable programs.’’; 

13 (5) in subsection (d), as so redesignated, in 

14 paragraph (3), by striking ‘‘confidence level’’ and in15 serting ‘‘discussion of risk’’; 

16 (6) in subsection (e), as so redesignated— 

17 (A) by amending the subsection heading to 

18 read as follows: ‘‘DISCUSSION OF RISK IN COST

19 ESTIMATES.—’’; 

20 (B) by amending paragraph (1) to read as 

21 follows: 

22 ‘‘(1) issue guidance requiring a discussion of 

23 risk, the potential impacts of risk on program costs, 

24 and approaches to mitigate risk in cost estimates for 

25 major defense acquisition programs, major autoVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
339 

HR 4909 PCS

1 mated information system programs, and major sub2 programs;’’; 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘such confidence level 

5 provides’’ and inserting ‘‘cost estimates 

6 provide’’; and 

7 (ii) by inserting ‘‘or subprogram’’ 

8 after ‘‘the program’’; and 

9 (D) in paragraph (3), by striking ‘‘disclo10 sure required by paragraph (1)’’ and inserting 

11 ‘‘information required in the guidance under 

12 paragraph (1)’’; and 

13 (7) by inserting after subsection (f), as so re14 designated, the following new subsection: 

15 ‘‘(g) GUIDELINES AND COLLECTION OF COST

16 DATA.—(1) The Director of Cost Assessment and Pro17 gram Evaluation shall, in consultation with the Under 

18 Secretary of Defense for Acquisition, Technology, and Lo19 gistics, develop policies, procedures, guidance, and a col20 lection method to ensure that acquisition cost data are col21 lected in a standardized format that facilitates cost esti22 mation and comparison across acquisition programs. 

23 ‘‘(2) The program manager and contracting officer 

24 for each major defense acquisition program, major auto25 mated information system program, and major subproVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
340 

HR 4909 PCS

1 gram, in consultation with the cost estimating component 

2 of the relevant military department or Defense Agency, 

3 shall ensure that cost data are collected in accordance with 

4 the requirements of paragraph (1) for any acquisition pro5 gram in an amount greater than $100,000,000. 

6 ‘‘(3) The requirement under paragraph (1) may be 

7 waived only by the Director of Cost Assessment and Pro8 gram Evaluation.’’. 

9 (b) CONFORMING AMENDMENTS TO ADD SUBPRO10 GRAMS.—Section 2334 of such title is further amended— 

11 (1) in subsection (a)(2), by inserting ‘‘or major 

12 subprogram’’ before ‘‘under chapter 144’’; 

13 (2) in paragraphs (3), (4), and (5) of sub14 section (a) and in subsection (c)(1) (as redesignated 

15 by subsection (a) of this section), by striking ‘‘major 

16 defense acquisition programs and major automated 

17 information system programs’’ and inserting ‘‘major 

18 defense acquisition programs, major automated in19 formation system programs, and major subpro20 grams’’ each place it appears; 

21 (3) in paragraphs (1) and (2) of subsection (d) 

22 (as so redesignated), and in subsection (f)(4) (as so 

23 redesignated), by striking ‘‘major defense acquisition 

24 program or major automated information system 

25 program’’ and inserting ‘‘major defense acquisition 


emcdonald on DSK3SPTVN1PROD with BILLS
341 

HR 4909 PCS

1 program, major automated information system pro2 gram, or major subprogram’’ each place it appears; 

3 (4) in subsection (d)(4) (as so redesignated), by 

4 inserting before the period ‘‘or major subprogram’’; 

5 (5) in subsection (e)(3)(B) (as so redesignated), 

6 by inserting ‘‘or major subprogram’’ after ‘‘major 

7 defense acquisition program’’; and 

8 (6) in subsection (f)(3) (as so redesignated), by 

9 striking ‘‘major defense acquisition program and 

10 major automated information system program’’ and 

11 inserting ‘‘major defense acquisition program, major 

12 automated information system program, and major 

13 subprogram’’. 

14 (c) REPEAL.—Chapter 144 of such title is amend15 ed— 

16 (1) by striking section 2434; and 

17 (2) in the table of sections at the beginning of 

18 such chapter, by striking the item relating to such 

19 section. 

20 SEC. 813. REVISIONS TO MILESTONE B DETERMINATIONS. 

21 Section 2366b(a)(3) of title 10, United States Code, 

22 is amended— 

23 (1) in subparagraph (B), by striking ‘‘acquisi24 tion cost in’’ and all that follows through the semi25 colon, and inserting ‘‘life-cycle cost;’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
342 

HR 4909 PCS

1 (2) in subparagraph (D), by striking ‘‘funding 

2 is’’ and all that follows through ‘‘made,’’ and insert3 ing ‘‘funding is expected to be available to execute 

4 the product development and production plan for the 

5 program,’’. 

6 SEC. 814. REVIEW AND REPORT ON SUSTAINMENT PLAN7 NING IN THE ACQUISITION PROCESS. 

8 (a) REQUIREMENT FOR REVIEW.—The Secretary of 

9 Defense shall conduct a review of the extent to which 

10 sustainment matters are considered in decisions related to 

11 the requirements, acquisition, cost estimating, and pro12 gramming and budgeting processes for major defense ac13 quisition programs. The review shall include the following: 

14 (1) A determination of whether information re15 lated to the operation and sustainment of major de16 fense acquisition programs, including cost data, is 

17 available to inform decisions made during those 

18 processes. 

19 (2) If such information exists, an evaluation of 

20 the completeness, timeliness, quality, and suitability 

21 of the information for aiding in decisions made dur22 ing those processes. 

23 (3) A determination of whether information re24 lated to the operation and sustainment of existing 

25 major weapon systems is used to forecast the operVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
343 

HR 4909 PCS

1 ation and sustainment needs of major weapon sys2 tems proposed for or under development. 

3 (4) A description of the potential benefits from 

4 improved completeness, timeliness, quality, and suit5 ability of data on operation and support costs and 

6 increased consideration of such data. 

7 (5) Recommendations for improving access to 

8 and consideration of operation and support cost 

9 data. 

10 (6) An assessment of product support strategies 

11 for major weapon systems required by section 2337 

12 of title 10, United States Code, or other similar life13 cycle sustainment strategies, including an evaluation 

14 of— 

15 (A) the stage at which such strategies are 

16 developed during the life of a major weapon 

17 system; 

18 (B) the content and completeness of such 

19 strategies; 

20 (C) the extent to which such strategies in21 fluence the planning for major defense acquisi22 tion programs; and 

23 (D) the extent to which such strategies in24 fluence decisions related to the life-cycle manVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
344 

HR 4909 PCS

1 agement and product support of major weapon 

2 systems. 

3 (7) An assessment of how effectively the mili4 tary departments consider sustainment matters at 

5 key decision points for acquisition and life-cycle 

6 management in accordance with the requirements of 

7 sections 2431a, 2366a, 2366b, and 2337 of title 10, 

8 United States Code and section 832 of the National 

9 Defense Authorization Act for Fiscal Year 2012 

10 (Public Law 112–81; 10 U.S.C. 2430 note). 

11 (8) Recommendations for improving the consid12 eration of sustainment during the requirements, ac13 quisition, cost estimating, programming and budg14 eting processes. 

15 (b) CONTRACT WITH INDEPENDENT ENTITY.—Not 

16 later than 30 days after the date of the enactment of this 

17 Act, the Secretary shall enter into a contract with an inde18 pendent entity with appropriate expertise to conduct the 

19 review required by subsection (a). The contract also shall 

20 require the entity to provide to the Secretary a report on 

21 the findings of the entity. 

22 (c) BRIEFING.—Not later than March 1, 2017, the 

23 Secretary shall provide a briefing to the Committees on 

24 Armed Services of the Senate and House of Representa25 tives on the preliminary findings of the independent entity. 


emcdonald on DSK3SPTVN1PROD with BILLS
345 

HR 4909 PCS

1 (d) SUBMISSION TO CONGRESS.—Not later than Au2 gust 1, 2017, the Secretary shall submit to the congres3 sional defense committees a copy of the report of the inde4 pendent entity, along with comments on the report, pro5 posed revisions or clarifications to laws related to life-cycle 

6 management or sustainment planning for major weapon 

7 systems, and a description of any actions the Secretary 

8 may take to revise or clarify regulations related to life9 cycle management or sustainment planning for major 

10 weapon systems. 

11 SEC. 815. REVISION TO DISTRIBUTION OF ANNUAL REPORT 

12 ON OPERATIONAL TEST AND EVALUATION. 

13 Section 139(h) of title 10, United States Code, is 

14 amended— 

15 (1) in paragraph (2)— 

16 (A) by inserting ‘‘the Secretaries of the 

17 military departments,’’ after ‘‘Logistics,’’; and 

18 (B) by striking ‘‘10 days’’ and all that fol19 lows through ‘‘title 31’’ and inserting ‘‘January 

20 31 of each year, through January 31, 2021’’; 

21 and 

22 (2) in paragraph (5), by inserting after ‘‘Sec23 retary’’ the following: ‘‘of Defense and the Secre24 taries of the military departments’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
346 

HR 4909 PCS

1 Subtitle C—Provisions Relating to 

2 Commercial Items 

3 SEC. 821. REVISION TO DEFINITION OF COMMERCIAL ITEM. 

4 (a) IN GENERAL.—Section 103(8) of title 41, United 

5 States Code, is amended by striking ‘‘to multiple State 

6 and local governments’’ and inserting ‘‘to State, local, or 

7 foreign governments’’. 

8 (b) EFFECT ON SECTION 2464.—Nothing in this sec9 tion or the amendment made by this section shall affect 

10 the meaning of the term ‘‘commercial item’’ under section 

11 (a)(5) of section 2464 of title 10, United States Code, or 

12 any requirement under subsection (a)(3) or subsection (c) 

13 of such section. 

14 SEC. 822. MARKET RESEARCH FOR DETERMINATION OF 

15 PRICE REASONABLENESS IN ACQUISITION OF 

16 COMMERCIAL ITEMS. 

17 Section 2377 of title 10, United States Code, is 

18 amended— 

19 (1) by redesignating subsection (d) as sub20 section (e), and in that subsection by striking ‘‘sub21 section (c)’’ and inserting ‘‘subsections (c) and (d)’’; 

22 and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection (d): 


emcdonald on DSK3SPTVN1PROD with BILLS
347 

HR 4909 PCS

1 ‘‘(d) MARKET RESEARCH FOR PRICE ANALYSIS.— 

2 The Secretary of Defense shall ensure that procurement 

3 officials in the Department of Defense conduct or obtain 

4 market research to support the determination of the rea5 sonableness of price for commercial items contained in any 

6 bid or offer submitted in response to an agency solicita7 tion. To the extent necessary to support such market re8 search, the procurement official for the solicitation— 

9 ‘‘(1) in the case of items acquired under section 

10 2379 of this title, shall use information submitted 

11 under subsection (d) of that section; and 

12 ‘‘(2) in the case of other items, may require the 

13 offeror to submit relevant information.’’. 

14 SEC. 823. VALUE ANALYSIS FOR THE DETERMINATION OF 

15 PRICE REASONABLENESS. 

16 Subsection 2379(d) of title 10, United States Code, 

17 is amended— 

18 (1) by redesignating paragraph (2) as para19 graph (3); and 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph (2): 

22 ‘‘(2) An offeror may submit information or analysis 

23 relating to the value of a commercial item to aid in the 

24 determination of the reasonableness of the price of such 

25 item. A contracting officer may consider such information 


emcdonald on DSK3SPTVN1PROD with BILLS
348 

HR 4909 PCS

1 or analysis in addition to the information submitted pur2 suant to paragraphs (1)(A) and (1)(B).’’. 

3 SEC. 824. CLARIFICATION OF REQUIREMENTS RELATING 

4 TO COMMERCIAL ITEM DETERMINATIONS. 

5 Paragraphs (1) and (2) of section 2380 of title 10, 

6 United States Code, are amended to read as follows: 

7 ‘‘(1) establish and maintain a centralized capa8 bility with necessary expertise and resources to pro9 vide assistance to the military departments and De10 fense Agencies in making commercial item deter11 minations, conducting market research, and per12 forming analysis of price reasonableness for the pur13 poses of procurements by the Department of De14 fense; and 

15 ‘‘(2) provide to officials of the Department of 

16 Defense access to previous Department of Defense 

17 commercial item determinations, market research, 

18 and analysis used to determine the reasonableness of 

19 price for the purposes of procurements by the De20 partment of Defense.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
349 

HR 4909 PCS

1 SEC. 825. PILOT PROGRAM FOR AUTHORITY TO ACQUIRE 

2 INNOVATIVE COMMERCIAL ITEMS USING 

3 GENERAL SOLICITATION COMPETITIVE PRO4 CEDURES. 

5 (a) AUTHORITY.—The Secretary of Defense may 

6 carry out a pilot program, to be known as a ‘‘commercial 

7 solutions opening pilot program’’, under which innovative 

8 commercial items may be acquired through a competitive 

9 selection of proposals resulting from a general solicitation 

10 and the peer review of such proposals. 

11 (b) TREATMENT AS COMPETITIVE PROCEDURES.— 

12 Use of general solicitation competitive procedures for the 

13 pilot program under subsection (a) shall be considered to 

14 be use of competitive procedures for purposes of chapter 

15 137 of title 10, United States Code. 

16 (c) LIMITATIONS ON FUNDING.— 

17 (1) LIMITATION ON INDIVIDUAL CONTRACT

18 AMOUNT.—The Secretary may not enter into a con19 tract under the pilot program for an amount in ex20 cess of $10,000,000. 

21 (2) ANNUAL LIMITATION.—The total amount 

22 that may be obligated or expended under the pilot 

23 program for a fiscal year may not exceed 

24 $75,000,000. 

25 (d) LIMITATION RELATING TO MAJOR DEFENSE AC26 QUISITION PROGRAM SYSTEMS.—The Secretary may not 


emcdonald on DSK3SPTVN1PROD with BILLS
350 

HR 4909 PCS

1 acquire innovative commercial items under the pilot pro2 gram to replace a system under a major defense acquisi3 tion program in its entirety. 

4 (e) GUIDANCE.—The Secretary shall issue guidance 

5 for the implementation of the pilot program under this 

6 section within the Department of Defense. Such guidance 

7 shall be issued in consultation with the Office of Manage8 ment and Budget and shall be posted for access by the 

9 public. 

10 (f) REPORTS REQUIRED.— 

11 (1) IN GENERAL.—Not later than six months 

12 after the initiation of the pilot program, and every 

13 six months thereafter, the Secretary shall submit to 

14 the Committees on Armed Services of the Senate 

15 and House of Representatives a report on the activi16 ties the Department of Defense carried out under 

17 the pilot program. 

18 (2) ELEMENTS OF REPORT.—The report under 

19 this subsection shall include the following: 

20 (A) An assessment of the impact of the 

21 pilot program on competition. 

22 (B) An assessment of the ability under the 

23 pilot program to attract proposals from non24 traditional defense contractors (as defined in 


emcdonald on DSK3SPTVN1PROD with BILLS
351 

HR 4909 PCS

1 section 2302(9) of title 10, United States 

2 Code). 

3 (C) A comparison of acquisition timelines 

4 for— 

5 (i) procurements made using the pilot 

6 program; and 

7 (ii) procurements made using other 

8 competitive procedures that do not use 

9 general solicitations. 

10 (D) A recommendation on whether the au11 thority for the pilot program should be made 

12 permanent. 

13 (3) TERMINATION OF REPORT REQUIRE14 MENT.—The requirement to submit a report under 

15 this subsection shall terminate on the date occurring 

16 five years after the date of the enactment of this 

17 Act. 

18 (g) DEFINITION.—In this section, the term ‘‘innova19 tive’’ means— 

20 (1) any new technology, process, or method, 

21 able to be used to improve or replace existing infor22 mation system applications, programs, or networks, 

23 or used to improve research and development of in24 formation technology advancements; or 


emcdonald on DSK3SPTVN1PROD with BILLS
352 

HR 4909 PCS

1 (2) any new application of an existing tech2 nology, process, or method. 

3 (h) TERMINATION.—The authority to enter into a 

4 contract under a pilot program under this section termi5 nates on the date occurring five years after the date of 

6 the enactment of this Act. 

7 Subtitle D—Other Matters 

8 SEC. 831. REVIEW AND REPORT ON THE BID PROTEST 

9 PROCESS. 

10 (a) REVIEW.—The Secretary of Defense shall con11 duct a review of the bid protest processes related to major 

12 defense acquisition programs. The review shall examine 

13 the extent to which— 

14 (1) the incidence and duration of bid protests 

15 have increased or decreased during the previous dec16 ade; 

17 (2) bid protests have delayed procurement of 

18 items or services; 

19 (3) there are differences in the incidence and 

20 outcomes of bid protests filed by incumbent and 

21 non-incumbent contractors; 

22 (4) protests filed by incumbent contractors re23 sult in extension of the period of performance of a 

24 contract, and whether there are benefits (monetary 


emcdonald on DSK3SPTVN1PROD with BILLS
353 

HR 4909 PCS

1 or non-monetary) to incumbent contractors under 

2 such circumstances; and 

3 (5) there are alternative actions or authorities 

4 that could give the Government more flexibility in 

5 managing contracts if a bid protest is filed. 

6 (b) CONTRACT WITH INDEPENDENT ENTITY.—Not 

7 later than 30 days after the date of the enactment of this 

8 Act, the Secretary of Defense shall enter into a contract 

9 with an independent entity with appropriate expertise to 

10 conduct the review required in subsection (a). 

11 (c) BRIEFING.—Not later than March 1, 2017, the 

12 Secretary, or his designee, shall brief the Committees on 

13 Armed Services of the Senate and House of Representa14 tives on interim findings of the independent entity. 

15 (d) REPORT.—Not later than July 1, 2017, the Sec16 retary shall submit to the congressional defense commit17 tees a report on the findings of the independent entity, 

18 along with a description of any actions that the Secretary 

19 proposes to address the findings of the independent entity. 

20 SEC. 832. REVIEW AND REPORT ON INDEFINITE DELIVERY 

21 CONTRACTS. 

22 (a) REPORT.—The Comptroller General of the 

23 United States shall deliver, not later than March 31, 

24 2018, a report to Congress on the use by the Department 


emcdonald on DSK3SPTVN1PROD with BILLS
354 

HR 4909 PCS

1 of Defense of indefinite delivery contracts entered into 

2 during fiscal years 2015, 2016, and 2017. 

3 (b) ELEMENTS.—The report under subsection (a) 

4 shall address, at a minimum, the following: 

5 (1) A review of Department of Defense policies 

6 for using indefinite delivery contracts, including re7 quirements for competition. 

8 (2) The number and value of all indefinite de9 livery contracts entered into by the Department of 

10 Defense. 

11 (3) An assessment of the number and value of 

12 indefinite delivery contracts entered into by the De13 partment of Defense that included competition be14 tween multiple vendors. 

15 (4) Selected case studies of indefinite delivery 

16 contracts, including an assessment of whether any 

17 such contracts may have limited future opportunities 

18 for competition for the services or items required. 

19 (5) Recommendations for potential changes to 

20 current law or Department of Defense acquisition 

21 regulations to promote competition with respect to 

22 indefinite delivery contracts. 


emcdonald on DSK3SPTVN1PROD with BILLS
355 

HR 4909 PCS

1 SEC. 833. REVIEW AND REPORT ON CONTRACTUAL FLOW2 DOWN PROVISIONS. 

3 (a) REVIEW REQUIRED.—The Secretary of Defense 

4 shall conduct a review of contractual flow-down provisions 

5 related to major defense acquisition programs. The review 

6 shall— 

7 (1) identify the flow-down provisions that exist 

8 in the Federal Acquisition Regulation and the De9 fense Federal Acquisition Regulation Supplement; 

10 (2) identify the flow-down provisions that are 

11 critical for national security; 

12 (3) examine the extent to which clauses in con13 tracts with the Department of Defense are being ap14 plied inappropriately in subcontracts under the con15 tracts; 

16 (4) assess the applicability of flow-down provi17 sions for the purchase of commodity items that are 

18 acquired in bulk for multiple acquisition programs; 

19 (5) determine the unnecessary costs or burdens, 

20 if any, of flow-down provisions on the supply chain; 

21 and 

22 (6) determine the effect, if any, of flow-down 

23 provisions on the participation rate of small busi24 nesses and non-traditional defense contractors in de25 fense procurements. 


emcdonald on DSK3SPTVN1PROD with BILLS
356 

HR 4909 PCS

1 (b) CONTRACT.—Not later than 30 days after the 

2 date of the enactment of this Act, the Secretary of Defense 

3 shall enter into a contract with an independent entity with 

4 appropriate expertise to conduct the review required by 

5 subsection (a). 

6 (c) BRIEFING.—Not later than March 1, 2017, the 

7 Secretary, or his designee, shall brief the Committees on 

8 Armed Services of the Senate and the House of Represent9 atives on interim findings of the independent entity as well 

10 as initial recommendations of the entity on how to modify 

11 or eliminate contractual flow-down requirements that the 

12 entity considers burdensome or unnecessary. 

13 (d) REPORT.—Not later than August 1, 2017, the 

14 Secretary shall submit to the congressional defense com15 mittees a report on the findings of the independent entity, 

16 along with a description of any actions that the Secretary 

17 proposes to address the findings of the independent entity. 

18 SEC. 834. REVIEW OF ANTI-COMPETITIVE SPECIFICATIONS 

19 IN INFORMATION TECHNOLOGY ACQUISI20 TIONS. 

21 (a) REVIEW REQUIRED.—Not later than 180 days 

22 after the date of the enactment of this Act, the Under 

23 Secretary of Defense for Acquisition, Technology, and Lo24 gistics shall conduct a review of the policy, guidance, regu25 lations, and training related to specifications included in 


emcdonald on DSK3SPTVN1PROD with BILLS
357 

HR 4909 PCS

1 information technology acquisitions to ensure current poli2 cies eliminate the unjustified use of potentially anti-com3 petitive specifications. In conducting the review, the Under 

4 Secretary shall examine the use of brand names or propri5 etary specifications or standards in solicitations for pro6 curements of goods and services, as well as the current 

7 acquisition training curriculum related to those areas. 

8 (b) BRIEFING REQUIRED.—Not later than 270 days 

9 after the date of the enactment of this Act, the Under 

10 Secretary shall provide a briefing to the Committees on 

11 Armed Services of the Senate and House of Representa12 tives on the results of the review required by subsection 

13 (a). 

14 (c) ADDITIONAL GUIDANCE.—Not later than one 

15 year after the date of the enactment of this Act, the Under 

16 Secretary shall revise policies, guidance, and training to 

17 incorporate such recommendations as the Under Secretary 

18 considers appropriate from the review required by sub19 section (a). 

20 SEC. 835. COAST GUARD MAJOR ACQUISITION PROGRAMS. 

21 (a) FUNCTIONS OF CHIEF ACQUISITION OFFICER.— 

22 Section 56(c) of title 14, United States Code, is amended 

23 by striking ‘‘and’’ after the semicolon at the end of para24 graph (8), striking the period at the end of paragraph (9) 

25 and inserting ‘‘; and’’, and adding at the end the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
358 

HR 4909 PCS

1 ‘‘(10)(A) keeping the Commandant informed of 

2 the progress of major acquisition programs (as that 

3 term is defined in section 581); 

4 ‘‘(B) informing the Commandant on a con5 tinuing basis of any developments on such programs 

6 that may require new or revisited trade-offs among 

7 cost, schedule, technical feasibility, and performance, 

8 including— 

9 ‘‘(i) significant cost growth or schedule 

10 slippage; and 

11 ‘‘(ii) requirements creep (as that term is 

12 defined in section 2547(c)(1) of title 10); and 

13 ‘‘(C) ensuring that the views of the Com14 mandant regarding such programs on cost, schedule, 

15 technical feasibility, and performance trade-offs are 

16 strongly considered by program managers and pro17 gram executive officers in all phases of the acquisi18 tion process.’’. 

19 (b) CUSTOMER SERVICE MISSION OF DIREC20 TORATE.— 

21 (1) IN GENERAL.—Chapter 15 of title 14, 

22 United States Code, is amended— 

23 (A) in section 561(b)— 

24 (i) in paragraph (1), by striking ‘‘; 

25 and’’ and inserting a semicolon; 


emcdonald on DSK3SPTVN1PROD with BILLS
359 

HR 4909 PCS

1 (ii) in paragraph (2), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(3) to meet the needs of customers of major 

6 acquisition programs in the most cost-effective man7 ner practicable.’’; 

8 (B) in section 562, by repealing subsection 

9 (b) and redesignating subsections (c) through 

10 (g) as subsections (b) through (f), respectively; 

11 (C) in section 563, by striking ‘‘Not later 

12 than 180 days after the date of enactment of 

13 the Coast Guard Authorization Act of 2010, the 

14 Commandant shall commence implementation 

15 of’’ and inserting ‘‘The Commandant shall 

16 maintain’’; 

17 (D) by adding at the end of section 564 

18 the following: 

19 ‘‘(c) ACQUISITION OF UNMANNED AERIAL SYS20 TEMS.— 

21 ‘‘(1) IN GENERAL.—The Commandant— 

22 ‘‘(A) may not award a contract for design 

23 of an unmanned aerial system for use by the 

24 Coast Guard; and 


emcdonald on DSK3SPTVN1PROD with BILLS
360 

HR 4909 PCS

1 ‘‘(B) may acquire an unmanned aerial sys2 tem only— 

3 ‘‘(i) if such a system has been ac4 quired or has been used by the Depart5 ment of Defense or the Department of 

6 Homeland Security, or a component there7 of, before the date on which the Com8 mandant acquires the system; and 

9 ‘‘(ii) through an agreement with such 

10 department or component, unless the un11 manned aerial system can be obtained at 

12 less cost through independent contract ac13 tion. 

14 ‘‘(2) LIMITATION ON APPLICATION.—The limi15 tations of paragraph (1)(B) shall not apply to any 

16 small unmanned aerial system that consists of— 

17 ‘‘(A) an unmanned aircraft weighing less 

18 than 55 pounds on takeoff, including all compo19 nents and equipment on board or otherwise at20 tached to the aircraft; and 

21 ‘‘(B) associated elements (including com22 munication links and the components that con23 trol such aircraft) that are required for the safe 

24 and efficient operation of such aircraft.’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
361 

HR 4909 PCS

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

2 the following: 

3 ‘‘§ 578. Role of Vice Commandant in major acquisi4 tion programs 

5 ‘‘The Vice Commandant— 

6 ‘‘(1) shall represent the customer of a major ac7 quisition program with regard to trade-offs made 

8 among cost, schedule, technical feasibility, and per9 formance with respect to such program; and 

10 ‘‘(2) shall advise the Commandant in decisions 

11 regarding the balancing of resources against prior12 ities, and associated trade-offs referred to in para13 graph (1), on behalf of the customer of a major ac14 quisition program. 

15 ‘‘§ 579. Extension of major acquisition program con16 tracts 

17 ‘‘(a) IN GENERAL.—Notwithstanding section 

18 564(a)(2) of this title and section 2304 of title 10, and 

19 subject to subsections (b) and (c) of this section, the Sec20 retary may acquire additional units procured under a 

21 Coast Guard major acquisition program contract, by ex22 tension of such contract without competition, if the Comp23 troller General of the United States determines that the 

24 costs that would be saved through award of a new contract 


emcdonald on DSK3SPTVN1PROD with BILLS
362 

HR 4909 PCS

1 in accordance with such sections would not exceed the 

2 costs of such an award. 

3 ‘‘(b) LIMITATION ON NUMBER OF ADDITIONAL

4 UNITS.—The number of additional units acquired under 

5 a contract extension under this section may not exceed the 

6 number of additional units for which such determination 

7 is made. 

8 ‘‘(c) DETERMINATION OF COSTS UPON REQUEST.— 

9 The Comptroller General shall, at the request of the Sec10 retary, determine for purposes of this section— 

11 ‘‘(1) the costs that would be saved through 

12 award of a new major acquisition program contract 

13 in accordance with section 564(a)(2) for the acquisi14 tion of a number of additional units specified by the 

15 Secretary; and 

16 ‘‘(2) the costs of such award, including the 

17 costs that would be incurred due to acquisition 

18 schedule delays and asset design changes associated 

19 with such award. 

20 ‘‘(d) NUMBER OF EXTENSIONS.—A contract may be 

21 extended under this section more than once.’’; and 

22 (F) in section 581— 

23 (i) by redesignating paragraphs (7) 

24 through (10) as paragraphs (9) through 

25 (12), respectively, and by redesignating 


emcdonald on DSK3SPTVN1PROD with BILLS
363 

HR 4909 PCS

1 paragraphs (3) through (6) as paragraphs 

2 (4) through (7), respectively; 

3 (ii) by inserting after paragraph (2) 

4 the following: 

5 ‘‘(3) CUSTOMER OF A MAJOR ACQUISITION PRO6 GRAM.—The term ‘customer of a major acquisition 

7 program’ means the operating field unit of the Coast 

8 Guard that will field the system or systems acquired 

9 under a major acquisition program.’’; and 

10 (iii) by inserting after paragraph (7), 

11 as so redesignated, the following: 

12 ‘‘(8) MAJOR ACQUISITION PROGRAM.—The term 

13 ‘major acquisition program’ means an ongoing ac14 quisition undertaken by the Coast Guard with a life15 cycle cost estimate greater than or equal to 

16 $300,000,000.’’. 

17 (2) CONFORMING AMENDMENT.—Section 569a 

18 of such title is amended by striking subsection (e). 

19 (3) CLERICAL AMENDMENT.—The analysis at 

20 the beginning of such chapter is amended by adding 

21 at the end of the items relating to subchapter II the 

22 following: 

‘‘578. Role of Vice Commandant in major acquisition programs. 

‘‘579. Extension of major acquisition program contracts.’’. 

23 (c) REVIEW REQUIRED.— 


emcdonald on DSK3SPTVN1PROD with BILLS
364 

HR 4909 PCS

1 (1) REQUIREMENT.—The Commandant of the 

2 Coast Guard shall conduct a review of— 

3 (A) the authorities provided to the Com4 mandant in chapter 15 of title 14, United 

5 States Code, and other relevant statutes and 

6 regulations related to Coast Guard acquisitions, 

7 including developing recommendations to ensure 

8 that the Commandant plays an appropriate role 

9 in the development of requirements, acquisition 

10 processes, and the associated budget practices; 

11 (B) implementation of the strategy pre12 pared in accordance with section 562(b)(2) of 

13 title 14, United States Code, as in effect before 

14 the enactment of the National Defense Author15 ization Act for Fiscal Year 2017; and 

16 (C) acquisition policies, directives, and reg17 ulations of the Coast Guard to ensure such poli18 cies, directives, and regulations establish a cus19 tomer-oriented acquisition system. 

20 (2) REPORT.—Not later than March 1, 2017, 

21 the Commandant shall submit to the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a report 

25 containing, at a minimum, the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
365 

HR 4909 PCS

1 (A) The recommendations developed by the 

2 Commandant under paragraph (1) and other 

3 results of the review conducted under such 

4 paragraph. 

5 (B) The actions the Commandant is tak6 ing, if any, within the Commandant’s existing 

7 authority to implement such recommendations. 

8 (3) MODIFICATION OF POLICIES, DIRECTIVES, 

9 AND REGULATIONS.—Not later than one year after 

10 the date of the enactment of this Act, the Com11 mandant of the Coast Guard shall modify the acqui12 sition policies, directives, and regulations of the 

13 Coast Guard as necessary to ensure the development 

14 and implementation of a customer-oriented acquisi15 tion system, pursuant to the review under paragraph 

16 (1)(C). 

17 (d) ANALYSIS OF USING MULTIYEAR CON18 TRACTING.— 

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

20 the date of the enactment of this Act, the Secretary 

21 of the department in which the Coast Guard is oper22 ating shall submit to the Committee on Transpor23 tation and Infrastructure of the House of Represent24 atives and the Committee on Commerce, Science, 

25 and Transportation of the Senate an analysis of the 


emcdonald on DSK3SPTVN1PROD with BILLS
366 

HR 4909 PCS

1 use of multiyear contracting, including procurement 

2 authority provided under section 2306b of title 10, 

3 United States Code, and authority similar to that 

4 granted to the Navy under section 121(b) of the Na5 tional Defense Authorization Act for Fiscal Year 

6 1998 (Public Law 105–85; 111 Stat. 1648) and sec7 tion 150 of the Continuing Appropriations Act, 2011 

8 (Public Law 111–242; 124 Stat. 3519), to acquire 

9 any combination of at least five— 

10 (A) Fast Response Cutters, beginning with 

11 hull 43; and 

12 (B) Offshore Patrol Cutters, beginning 

13 with hull 5. 

14 (2) CONTENTS.—The analysis under paragraph 

15 (1) shall include the costs and benefits of using 

16 multiyear contracting, the impact of multiyear con17 tracting on delivery timelines, and whether the ac18 quisitions examined would meet the tests for the use 

19 of multiyear procurement authorities. 

20 SEC. 836. WAIVER OF CONGRESSIONAL NOTIFICATION FOR 

21 ACQUISITION OF TACTICAL MISSILES AND 

22 MUNITIONS GREATER THAN QUANTITY SPEC23 IFIED IN LAW. 

24 Section 2308(c) of title 10, United States Code, is 

25 amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
367 

HR 4909 PCS

1 (1) by inserting ‘‘(1)’’ before ‘‘The head’’; 

2 (2) by inserting ‘‘, except as provided in para3 graph (2),’’ after ‘‘but’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) A notification is not required under paragraph 

7 (1) if the end item being acquired in a higher quantity 

8 is an end item under a tactical missile program or a muni9 tion program.’’. 

10 SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY 

11 CONTRACTS. 

12 (a) AUTHORITY.—Notwithstanding any other provi13 sion of law, the Secretary of the Navy may close out the 

14 contracts described in subsection (b) through the issuance 

15 of one or more modifications to such contracts without 

16 completing further reconciliation audits or corrective ac17 tions other than those described in this section. To accom18 plish closeout of such contracts— 

19 (1) remaining contract balances may be offset 

20 with balances in other contract line items within a 

21 contract regardless of the year or type of appropria22 tion obligated to fund each contract line item and 

23 regardless of whether the appropriations for such 

24 contract line items have closed; and 


emcdonald on DSK3SPTVN1PROD with BILLS
368 

HR 4909 PCS

1 (2) remaining contract balances may be offset 

2 with balances on other contracts regardless of the 

3 year or type of appropriation obligated to fund each 

4 contract and regardless of whether the appropria5 tions for such contract line item have closed. 

6 (b) CONTRACTS COVERED.—The contracts covered 

7 by this section are a group of contracts that are with one 

8 contractor and identified by the Secretary, each one of 

9 which is a contract— 

10 (1) to design, construct, repair, or support the 

11 construction or repair of Navy submarines that— 

12 (A) was entered into between fiscal years 

13 1974 and 1998; and 

14 (B) has no further supply or services 

15 deliverables due under the terms and conditions 

16 of the contract; 

17 (2) with respect to which the Secretary of the 

18 Navy has established the total final contract value; 

19 and 

20 (3) with respect to which the Secretary of the 

21 Navy has determined that the final allowable cost 

22 may have a negative or positive unliquidated obliga23 tion balance for which it would be difficult to deter24 mine the year or type of appropriation because— 


emcdonald on DSK3SPTVN1PROD with BILLS
369 

HR 4909 PCS

1 (A) the records for the contract have been 

2 destroyed or lost; or 

3 (B) the records for the contract are avail4 able but the contracting officer, in collaboration 

5 with the certifying official, has determined that 

6 a discrepancy is of such a minimal value that 

7 the time and effort required to determine the 

8 cause of an out-of-balance condition is dis9 proportionate to the amount of the discrepancy. 

10 (c) CLOSEOUT.—The contracts described in sub11 section (b) may be closed out— 

12 (1) upon receipt of $581,803 from the con13 tractor, to be deposited into the Treasury as mis14 cellaneous receipts; and 

15 (2) without seeking further amounts from the 

16 contractor, and without payment to the contractor of 

17 any amounts that may be due under such contracts. 

18 (d) ADJUSTMENT AND CLOSURE OF RECORDS.— 

19 After closeout of any contract described in subsection (b) 

20 using the authority of this section, the payment or ac21 counting offices concerned may adjust and close any open 

22 finance and accounting records relating to the contract. 


emcdonald on DSK3SPTVN1PROD with BILLS
370 

HR 4909 PCS

1 SEC. 838. REQUIREMENT THAT CERTAIN SHIP COMPO2 NENTS BE MANUFACTURED IN THE NA3 TIONAL TECHNOLOGY AND INDUSTRIAL 

4 BASE. 

5 (a) ADDITIONAL PROCUREMENT LIMITATION.—Sec6 tion 2534(a) of title 10, United States Code, is amended 

7 by adding at the end the following new paragraph: 

8 ‘‘(6) COMPONENTS FOR AUXILIARY SHIPS.— 

9 Subject to subsection (k), the following components: 

10 ‘‘(A) Auxiliary equipment, including 

11 pumps, for all shipboard services. 

12 ‘‘(B) Propulsion system components, in13 cluding engines, reduction gears, and propellers. 

14 ‘‘(C) Shipboard cranes. 

15 ‘‘(D) Spreaders for shipboard cranes.’’. 

16 (b) IMPLEMENTATION.—Such section is further 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO20 NENT LIMITATION.—Subsection (a)(6) applies only with 

21 respect to contracts awarded by the Secretary of a military 

22 department for new construction of an auxiliary ship after 

23 the date of the enactment of the National Defense Author24 ization Act for Fiscal Year 2017 using funds available for 

25 National Defense Sealift Fund programs or Shipbuilding 

26 and Conversion, Navy.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
371 

HR 4909 PCS

1 SEC. 839. DEPARTMENT OF DEFENSE ACQUISITION WORK2 FORCE DEVELOPMENT FUND DETERMINA3 TION ADJUSTMENT. 

4 Subsection (d)(2)(D) of section 1705 of title 10, 

5 United States Code, is amended by inserting after 

6 ‘‘$400,000,000’’ the following: ‘‘except that, in the case 

7 of fiscal year 2017, the Secretary may reduce the amount 

8 to $0’’. 

9 SEC. 840. AMENDMENT TO PROHIBITION ON PERFORM10 ANCE OF NON-DEFENSE AUDITS BY DEFENSE 

11 CONTRACT AUDIT AGENCY TO EXEMPT AU12 DITS FOR NATIONAL NUCLEAR SECURITY AD13 MINISTRATION. 

14 Section 893(a) of the National Defense Authorization 

15 Act for Fiscal Year 2016 (Public Law 114–92; Stat. 952) 

16 is amended— 

17 (1) in paragraph (1), by striking ‘‘Effective’’ 

18 and inserting ‘‘Except as provided in paragraph (3), 

19 effective’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) EXCEPTION.—In this subsection, the term 

23 ‘non-Defense Agencies’ does not include the National 

24 Nuclear Security Administration.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
372 

HR 4909 PCS

1 SEC. 841. SELECTION OF SERVICE PROVIDERS FOR AUDIT2 ING SERVICES AND AUDIT READINESS SERV3 ICES. 

4 The Department of Defense shall select service pro5 viders for auditing services and audit readiness services 

6 based on the best value to the Department, as determined 

7 by the resource sponsor for an auditing contract, rather 

8 than based on the lowest price technically acceptable serv9 ice provider. 

10 SEC. 842. MODIFICATIONS TO THE JUSTIFICATION AND AP11 PROVAL PROCESS FOR CERTAIN SOLE12 SOURCE CONTRACTS FOR SMALL BUSINESS 

13 CONCERNS. 

14 (a) REPEAL OF SIMPLIFIED JUSTIFICATION AND AP15 PROVAL PROCESS.—Section 811 of the National Defense 

16 Authorization Act for Fiscal Year 2010 (Public Law 111– 

17 84; 123 Stat. 2405; 41 U.S.C. 3304 note) is repealed. 

18 (b) REQUIREMENTS FOR JUSTIFICATION AND AP19 PROVAL PROCESS.— 

20 (1) DEFENSE PROCUREMENTS.—Section 

21 2304(f)(2)(D)(ii) of title 10, United States Code, is 

22 amended by inserting ‘‘only if such procurement is 

23 for property or services in an amount less than 

24 $20,000,000’’ before the semicolon at the end. 


emcdonald on DSK3SPTVN1PROD with BILLS
373 

HR 4909 PCS

1 (2) CIVILIAN PROCUREMENTS.—Section 

2 3304(e)(4) of title 41, United States Code, is 

3 amended— 

4 (A) in subparagraph (C), by striking ‘‘or’’ 

5 at the end; 

6 (B) in subparagraph (D), by striking ‘‘or 

7 section 8(a) of the Small Business Act (15 

8 U.S.C. 637(a)).’’ and inserting ‘‘; or’’; and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(E) the procurement is for property or 

12 services in an amount less than $20,000,000 

13 and is conducted under section 8(a) of the 

14 Small Business Act (15 U.S.C. 637(a)).’’. 

15 SEC. 843. BRIEFING ON DESIGN-BUILD CONSTRUCTION 

16 PROCESS FOR DEFENSE CONTRACTS. 

17 Not later than February 1, 2017, the Secretary of 

18 Defense shall provide to the Committee on Armed Services 

19 of the House of Representatives a briefing on the use and 

20 implementation of the two-phase design-build selection 

21 procedures. The briefing shall address the following: 

22 (1) How the Department of Defense continues 

23 to implement the updates to the Federal Acquisition 

24 Regulation that implemented the 2015 amendments 

25 to section 2305a, title 10, United States Code. 


emcdonald on DSK3SPTVN1PROD with BILLS
374 

HR 4909 PCS

1 (2) A list of instances in which the Department 

2 awarded a design-build contract pursuant to section 

3 2305a of title 10, United States Code, that had 

4 more than five finalists for phase-two requests for 

5 proposals during fiscal year 2016, and the list of de6 sign-build requests for proposals that used a one7 step process. 

8 (3) Any feedback the Department has received 

9 from industry. 

10 (4) Any challenges to the implementation of the 

11 statute. 

12 (5) Any additional criteria identified by the 

13 Secretary. 

14 SEC. 844. ASSESSMENT OF OUTREACH FOR SMALL BUSI15 NESS CONCERNS OWNED AND CONTROLLED 

16 BY WOMEN AND MINORITIES REQUIRED BE17 FORE CONVERSION OF CERTAIN FUNCTIONS 

18 TO CONTRACTOR PERFORMANCE. 

19 No Department of Defense function that is per20 formed by Department of Defense civilian employees and 

21 is tied to a certain military base may be converted to per22 formance by a contractor until the Secretary of Defense 

23 conducts an assessment to determine if the Department 

24 of Defense has carried out sufficient outreach programs 

25 to assist small business concerns owned and controlled by 


emcdonald on DSK3SPTVN1PROD with BILLS
375 

HR 4909 PCS

1 women (as such term is defined in section 8(d)(3)(D) of 

2 the Small Business Act (15 U.S.C. 637(d)(3)(D))) and 

3 small business concerns owned and controlled by socially 

4 and economically disadvantaged individuals (as such term 

5 is defined in section 8(d)(3)(C) of the Small Business Act 

6 (15 U.S.C. 637(d)(3)(C))) that are located in the geo7 graphic area near the military base. 

8 SEC. 845. INCLUSION OF INFORMATION ON COMMON 

9 GROUNDS FOR SUSTAINING BID PROTESTS IN 

10 ANNUAL GOVERNMENT ACCOUNTABILITY OF11 FICE REPORTS TO CONGRESS. 

12 The Comptroller General of the United States shall 

13 include in the annual report to Congress on the Govern14 ment Accountability Office each year a list of the most 

15 common grounds for sustaining protests relating to bids 

16 for contracts during such year. 

17 SEC. 846. REVISION OF EFFECTIVE DATE FOR AMEND18 MENTS RELATING TO UNDER SECRETARY OF 

19 DEFENSE FOR BUSINESS MANAGEMENT AND 

20 INFORMATION. 

21 Section 901(a)(1) of the Carl Levin and Howard P. 

22 ‘‘Buck’’ Mckeon National Defense Authorization Act for 

23 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3462; 

24 10 U.S.C. 132a note) is amended by striking ‘‘February 

25 1, 2017’’ and inserting ‘‘February 1, 2018’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
376 

HR 4909 PCS

1 SEC. 847. PROMOTION OF VALUE-BASED DEFENSE PRO2 CUREMENT. 

3 (a) STATEMENT OF POLICY.—It shall be the policy 

4 of the Department of Defense to avoid using lowest price 

5 technically acceptable source selection criteria in inappro6 priate circumstances that potentially deny the Department 

7 the benefits of cost and technical tradeoffs in the source 

8 selection process. 

9 (b) REQUIREMENT FOR SOLICITATIONS.—For new 

10 solicitations issued on or after the date that is 120 days 

11 after the date of the enactment of this Act, lowest price 

12 technically acceptable source selection criteria shall be 

13 used only in situations in which— 

14 (1) the Department of Defense is able to com15 prehensively and clearly describe the minimum re16 quirements expressed in term of performance objec17 tives, measures, and standards that will be used to 

18 determine acceptability of offers; 

19 (2) the Department would realize no, or mini20 mal, value from a contract proposal exceeding the 

21 minimum technical or performance requirements set 

22 forth in the request for proposal; 

23 (3) the proposed technical approaches will re24 quire no, or minimal, subjective judgment by the 

25 source selection authority as to the desirability of 

26 one offeror’s proposal versus a competing proposal; 


emcdonald on DSK3SPTVN1PROD with BILLS
377 

HR 4909 PCS

1 (4) a review of technical proposals of offerors 

2 other than the lowest bidder would result in no, or 

3 minimal, benefit to the Department; and 

4 (5) the contracting officer has included a jus5 tification for the use of a lowest price technically ac6 ceptable evaluation methodology in the contract file, 

7 if the contract to be awarded is predominately for 

8 the acquisition of information technology services, 

9 systems engineering and technical assistance serv10 ices, or other knowledge-based professional services. 

11 (c) AVOIDANCE OF USE OF LOWEST PRICE TECH12 NICALLY ACCEPTABLE SOURCE SELECTION CRITERIA IN

13 PROCUREMENTS OF INFORMATION TECHNOLOGY AND

14 AUDITING.—To the maximum extent practicable, the use 

15 of lowest price technically acceptable source selection cri16 teria shall be avoided when the procurement is predomi17 nately for the acquisition of information technology serv18 ices, systems engineering and technical assistance services, 

19 audit or audit readiness services, or other knowledge-based 

20 professional services. 

21 (d) REPORTING.—Not later than 180 days after the 

22 date of the enactment of this Act, and annually thereafter 

23 for 3 years, the Secretary of Defense shall submit to the 

24 congressional defense committees a report on the number 

25 of instances in which lowest-price technically acceptable 


emcdonald on DSK3SPTVN1PROD with BILLS
378 

HR 4909 PCS

1 source selection criteria is used, including an explanation 

2 of how the criteria was considered when making a deter3 mination to use lowest price technically acceptable source 

4 selection criteria. 

5 SEC. 848. STUDY AND REPORT ON CONTRACTS AWARDED 

6 TO MINORITY-OWNED AND WOMEN-OWNED 

7 BUSINESSES. 

8 (a) STUDY.—The Comptroller General of the United 

9 States shall carry out a study on the number and types 

10 of contracts for the procurement of goods or services for 

11 the Department of Defense awarded to minority-owned 

12 and women-owned businesses during fiscal years 2010 

13 through 2015. In conducting the study, the Comptroller 

14 General shall identify minority-owned businesses accord15 ing to the categories identified in the Federal procurement 

16 data system (described in section 1122(a)(4)(A) of title 

17 41, United States Code). 

18 (b) REPORT.—Not later than 1 year after the date 

19 of the enactment of this Act, the Comptroller General shall 

20 submit to the congressional defense committees a report 

21 on the results of the study under subsection (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
379 

HR 4909 PCS

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Goldwater-Nichols 

5 Reform 

6 SEC. 901. SENSE OF CONGRESS ON GOLDWATER-NICHOLS 

7 REFORM. 

8 It is the sense of Congress that the following prin9 ciples should be adhered to in any reform of the Gold10 water-Nichols Department of Defense Reorganization Act 

11 of 1986: 

12 (1) Civilian control of the military and the civil13 ian chain of command must be preserved. 

14 (2) The role of the Chairman of the Joint 

15 Chiefs of Staff in providing independent military ad16 vice, as the principal military advisor to the Presi17 dent and the Secretary of Defense, must be pre18 served. 

19 (3) Any changes to the Goldwater-Nichols Act 

20 of 1986 should be rooted in a clear identification 

21 and understanding of the issues and the objectives 

22 and ramifications of any changes. 

23 (4) Any changes to the Goldwater-Nichols Act 

24 of 1986 should enhance the capabilities of the 

25 United States Armed Forces. 


emcdonald on DSK3SPTVN1PROD with BILLS
380 

HR 4909 PCS

1 (5) Each Geographical Unified Command has 

2 its own distinct area of emphasis and expertise, as 

3 well as requirements and responsibilities. Combining 

4 Northern Command and Southern Command, or 

5 combining European Command and Africa Com6 mand, would severely degrade mission effectiveness, 

7 but would provide only marginal increased efficiency. 

8 Additionally, consolidating Geographic Unified Com9 mands would cause unacceptable risk to both global 

10 strategic influence as well as regional capability, and 

11 would exacerbate already significant capacity chal12 lenges. 

13 (6) The emphasis on strategy and planning in 

14 the Goldwater-Nichols Act must be sustained. 

15 (7) Complex security challenges will become in16 creasingly transregional, multi-domain, and multi17 functional. 

18 (8) Therefore, the Department of Defense, in19 cluding streamlined headquarters staffs, must be 

20 more agile and adaptive. 

21 SEC. 902. REPEAL OF DEFENSE STRATEGY REVIEW. 

22 (a) REPEAL.—Section 118 of title 10, United States 

23 Code, is repealed. 


emcdonald on DSK3SPTVN1PROD with BILLS
381 

HR 4909 PCS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 2 of such title is amended by 

3 striking the item relating to section 118. 

4 SEC. 903. COMMISSION ON THE NATIONAL DEFENSE STRAT5 EGY FOR THE UNITED STATES. 

6 (a) ESTABLISHMENT.—There is hereby established a 

7 commission to be known as the ‘‘Commission on the Na8 tional Defense Strategy for the United States’’. The pur9 pose of the commission is to examine and make rec10 ommendations with respect to national defense strategy 

11 for the United States. 

12 (b) COMPOSITION.— 

13 (1) MEMBERSHIP.—The commission shall be 

14 composed of 12 members appointed as follows: 

15 (A) Three members appointed by the chair 

16 of the Committee on Armed Services of the 

17 House of Representatives. 

18 (B) Three members appointed by the rank19 ing minority member of the Committee on 

20 Armed Services of the House of Representa21 tives. 

22 (C) Three members appointed by the chair 

23 of the Committee on Armed Services of the 

24 Senate. 


emcdonald on DSK3SPTVN1PROD with BILLS
382 

HR 4909 PCS

1 (D) Three members appointed by the rank2 ing minority member of the Committee on 

3 Armed Services of the Senate. 

4 (2) CHAIR; VICE CHAIR.— 

5 (A) CHAIR.—The chair of the Committee 

6 on Armed Services of the House of Representa7 tive and the chair of the Committee on Armed 

8 Services of the Senate shall jointly designate 

9 one member of the commission to serve as chair 

10 of the commission. 

11 (B) VICE CHAIR.—The ranking minority 

12 member of the Committee on Armed Services of 

13 the House of Representative and the ranking 

14 minority member of the Committee on Armed 

15 Services of the Senate shall jointly designate 

16 one member of the commission to serve as vice 

17 chair of the commission. 

18 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

19 Members shall be appointed for the life of the com20 mission. Any vacancy in the commission shall be 

21 filled in the same manner as the original appoint22 ment. 

23 (c) DUTIES.— 

24 (1) REVIEW.—The commission shall review the 

25 current national defense strategy of the United 


emcdonald on DSK3SPTVN1PROD with BILLS
383 

HR 4909 PCS

1 States, including the assumptions, missions, force 

2 posture and capabilities, and strategic and military 

3 risks associated with the strategy. 

4 (2) ASSESSMENT AND RECOMMENDATIONS.— 

5 The commission shall conduct a comprehensive as6 sessment of the strategic environment, the size and 

7 shape of the force, the readiness of the force, the 

8 posture and capabilities of the force, the allocation 

9 of resources, and strategic and military risks to pro10 vide recommendations on national defense strategy 

11 for the United States. 

12 (d) COOPERATION FROM GOVERNMENT.— 

13 (1) COOPERATION.—In carrying out its duties, 

14 the commission shall receive the full and timely co15 operation of the Secretary of Defense in providing 

16 the commission with analysis, briefings, and other 

17 information necessary for the fulfillment of its re18 sponsibilities. 

19 (2) LIAISON.—The Secretary of Defense shall 

20 designate at least one officer or employee of the De21 partment of Defense to serve as a liaison officer be22 tween the Department and the commission. 

23 (e) REPORT.— 

24 (1) FINAL REPORT.—Not later than December 

25 1, 2017, the commission shall submit to the PresiVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
384 

HR 4909 PCS

1 dent, the Secretary of Defense, the Committee on 

2 Armed Services of the House of Representatives, 

3 and the Committee on Armed Services of the Senate 

4 a report on the commission’s findings, conclusions, 

5 and recommendations. The report shall address, but 

6 not be limited to, each of the following: 

7 (A) The strategic environment, including 

8 security challenges, and the national security 

9 interests of the United States. 

10 (B) The military missions for which the 

11 Department of Defense should prepare and the 

12 force planning construct. 

13 (C) The roles and missions of the Armed 

14 Forces to carry out those missions and the roles 

15 and capabilities provided by other United States 

16 Government agencies and by allies and inter17 national partners. 

18 (D) The force size and shape, posture and 

19 capabilities, readiness, infrastructure, organiza20 tion, personnel, and other elements of the de21 fense program necessary to support the strat22 egy. 

23 (E) The resources necessary to support the 

24 strategy, including budget recommendations. 


emcdonald on DSK3SPTVN1PROD with BILLS
385 

HR 4909 PCS

1 (F) The strategic and military risks associ2 ated with the strategy, including the relation3 ships and tradeoffs between missions, risks, and 

4 resources. 

5 (2) INTERIM BRIEFING.—Not later than June 

6 1, 2017, the commission shall provide to the Com7 mittee on Armed Services of the House of Rep8 resentatives, and the Committee on Armed Services 

9 of the Senate a briefing on the status of its review 

10 and assessment, and include a discussion of any in11 terim recommendations. 

12 (f) FUNDING.—Of the amounts authorized to be ap13 propriated or otherwise made available pursuant to this 

14 Act to the Department of Defense, $5,000,000 is available 

15 to fund the activities of the commission. 

16 (g) TERMINATION.—The commission shall terminate 

17 6 months after the date on which it submits the report 

18 required by subsection (e). 

19 SEC. 904. REFORM OF DEFENSE STRATEGIC AND POLICY 

20 GUIDANCE. 

21 Subsection (g) of section 113 of title 10, United 

22 States Code, is amended to read as follows: 

23 ‘‘(g) DEFENSE STRATEGIC AND POLICY GUID24 ANCE.— 


emcdonald on DSK3SPTVN1PROD with BILLS
386 

HR 4909 PCS

1 ‘‘(1) DEFENSE STRATEGIC GUIDANCE.—The 

2 Secretary of Defense, with the advice and assistance 

3 of the Chairman of the Joint Chiefs of Staff, shall 

4 provide every four years to the heads of the military 

5 departments, the unified and specified combatant 

6 commands, all other Defense Agencies and Depart7 ment of Defense Field Activities, and any other ele8 ments of the Department of Defense named in para9 graphs (1) to (10) of section 111(b) of this title, 

10 written strategic guidance expressing the national 

11 defense strategy of the United States. The strategic 

12 guidance shall— 

13 ‘‘(A) support the most recent national se14 curity strategy report of the President under 

15 section 108 of the National Security Act of 

16 1947 (50 U.S.C. 3043); 

17 ‘‘(B) be a mechanism for— 

18 ‘‘(i) setting priorities for sizing and 

19 shaping the force, guiding the development 

20 and sustainment of capabilities, allocating 

21 resources, and adjusting the organization 

22 of the Department of Defense to respond 

23 to changes in the strategic environment; 

24 ‘‘(ii) monitoring, assessing, and hold25 ing accountable agencies within the DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
387 

HR 4909 PCS

1 partment of Defense for the development 

2 of policies and programs that support the 

3 national defense strategy; 

4 ‘‘(iii) integrating and supporting other 

5 national and related interagency security 

6 policies and strategies with other Depart7 ment of Defense guidance, plans, and ac8 tivities; and 

9 ‘‘(iv) communicating such national de10 fense strategy to the American public, 

11 Congress, relevant United States Govern12 ment agencies, and allies and international 

13 partners; 

14 ‘‘(C) provide a comprehensive discussion 

15 of— 

16 ‘‘(i) the assumed strategic environ17 ment, including security challenges, and 

18 the assumed or defined prioritized national 

19 security interests and objectives of the 

20 United States; 

21 ‘‘(ii) the prioritized military missions 

22 for which the Department of Defense must 

23 prepare and the assumed force planning 

24 scenarios and constructs; 


emcdonald on DSK3SPTVN1PROD with BILLS
388 

HR 4909 PCS

1 ‘‘(iii) the roles and missions of the 

2 armed forces to carry out those missions, 

3 and the assumed roles and capabilities pro4 vided by other United States Government 

5 agencies and by allies and international 

6 partners; 

7 ‘‘(iv) the force size and shape, pos8 ture, capabilities, readiness, infrastructure, 

9 organization, personnel, and other ele10 ments of the defense program necessary to 

11 support the strategy; 

12 ‘‘(v) the resources necessary to sup13 port the strategy, including an estimated 

14 budget plan; and 

15 ‘‘(vi) the strategic and military risks 

16 associated with the strategy, including the 

17 relationships and tradeoffs between mis18 sions, risks, and resources; and 

19 ‘‘(D) include any additional or alternative 

20 views of the Chairman of the Joint Chiefs of 

21 Staff, including any military assessment of 

22 risks associated with the defense strategy. 

23 ‘‘(2) POLICY GUIDANCE ON DEVELOPMENT OF

24 FORCES.—In implementing the guidance in para25 graph (1), the Secretary of Defense, with the advice 


emcdonald on DSK3SPTVN1PROD with BILLS
389 

HR 4909 PCS

1 and assistance of the Chairman of the Joint Chiefs 

2 of Staff, shall provide annually to the heads of the 

3 military departments, the unified and specified com4 batant commands, all other Defense Agencies and 

5 Department of Defense Field Activities, and any 

6 other elements of the Department of Defense named 

7 in paragraphs (1) to (10) of section 111(b) of this 

8 title, written policy guidance for the preparation and 

9 review of the program recommendations and budget 

10 proposals of their respective components to guide the 

11 development of forces. Such guidance shall include— 

12 ‘‘(A) the prioritized national security inter13 ests and objectives; 

14 ‘‘(B) the prioritized military missions of 

15 the Department of Defense, including the as16 sumed force planning scenarios and constructs; 

17 ‘‘(C) the force size and shape, posture, ca18 pabilities, readiness, infrastructure, organiza19 tion, personnel, and other elements of the de20 fense program necessary to support the strat21 egy; 

22 ‘‘(D) the resource levels projected to be 

23 available for the period of time for which such 

24 recommendations and proposals are to be effec25 tive; and 


emcdonald on DSK3SPTVN1PROD with BILLS
390 

HR 4909 PCS

1 ‘‘(E) a discussion of any changes in the de2 fense strategy and assumptions underpinning 

3 the strategy, as required by paragraph (1). 

4 ‘‘(3) POLICY GUIDANCE ON CONTINGENCY

5 PLANNING.—In implementing the guidance in para6 graph (1), the Secretary of Defense, with the ap7 proval of the President and after consultation with 

8 the Chairman of the Joint Chiefs of Staff, shall pro9 vide, every two years or more frequently as needed, 

10 to the Chairman written policy guidance for the 

11 preparation and review of contingency plans, includ12 ing plans for providing support to civil authorities in 

13 an incident of national significance or a catastrophic 

14 incident, for homeland defense, and for military sup15 port to civil authorities. Such guidance shall include 

16 guidance on the employment of forces, including spe17 cific force levels and specific supporting resource lev18 els projected to be available for the period of time 

19 for which such plans are to be effective. 

20 ‘‘(4) SUBMISSION TO CONGRESS.—(A) Not later 

21 than February 15th in any calendar year in which 

22 any of the written guidance in paragraphs (1), (2), 

23 and (3) is required, the Secretary of Defense shall 

24 submit to the congressional defense committees a 


emcdonald on DSK3SPTVN1PROD with BILLS
391 

HR 4909 PCS

1 copy of such guidance developed under such para2 graphs. 

3 ‘‘(B) In addition, not later than February 15th 

4 in any calendar year in which the written guidance 

5 in paragraph (1) is required, the Secretary of De6 fense shall submit to the congressional defense com7 mittees a detailed summary of any classified aspects 

8 of the strategic guidance, including assumptions re9 garding the strategic environment; military missions; 

10 force planning scenarios and constructs; force size, 

11 shape, posture, capabilities, and readiness; and any 

12 additional or alternative views of the Chairman of 

13 the Joint Chiefs of Staff.’’. 

14 SEC. 905. REFORM OF THE NATIONAL MILITARY STRATEGY. 

15 Paragraph (1) of section 153(b) of title 10, United 

16 States Code, is amended to read as follows: 

17 ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The 

18 Chairman shall determine each even-numbered year 

19 whether to prepare a new National Military Strategy 

20 in accordance with this subparagraph or to update 

21 a strategy previously prepared in accordance with 

22 this subsection. The Chairman shall provide such 

23 National Military Strategy or update to the Sec24 retary of Defense in time for transmittal to Con25 gress pursuant to paragraph (3), including in time 


emcdonald on DSK3SPTVN1PROD with BILLS
392 

HR 4909 PCS

1 for inclusion of the report of the Secretary of De2 fense, if any, under paragraph (4). 

3 ‘‘(B) Each National Military Strategy (or up4 date) under this paragraph shall be based on a com5 prehensive review conducted by the Chairman in 

6 conjunction with the other members of the Joint 

7 Chiefs of Staff and the commanders of the unified 

8 and specified combatant commands. Each update 

9 shall address only those parts of the most recent Na10 tional Military Strategy for which the Chairman de11 termines, on the basis of this review, that a modi12 fication is needed. 

13 ‘‘(C) Each National Military Strategy (or up14 date) submitted under this paragraph shall describe 

15 how the military will support the objectives of the 

16 United States as articulated in— 

17 ‘‘(i) the most recent National Security 

18 Strategy prescribed by the President pursuant 

19 to section 108 of the National Security Act of 

20 1947 (50 U.S.C. 3043); 

21 ‘‘(ii) the most recent annual report of the 

22 Secretary of Defense submitted to the President 

23 and Congress pursuant to section 113 of this 

24 title; 


emcdonald on DSK3SPTVN1PROD with BILLS
393 

HR 4909 PCS

1 ‘‘(iii) the most recent defense strategic 

2 guidance provided by the Secretary of Defense 

3 pursuant to section 113 of this title; and 

4 ‘‘(iv) any other national security or defense 

5 strategic guidance issued by the President or 

6 the Secretary of Defense. 

7 ‘‘(D) At a minimum, each National Military 

8 Strategy (or update) submitted under this para9 graph shall be a mechanism for— 

10 ‘‘(i) developing military ends, ways, and 

11 means to support the objectives referred to in 

12 subparagraph (C); 

13 ‘‘(ii) assessing strategic and military risks, 

14 and developing risk mitigation options; 

15 ‘‘(iii) establishing a strategic framework 

16 for the development of operational and contin17 gency plans; 

18 ‘‘(iv) prioritizing joint force capabilities, 

19 capacities, and resources; and 

20 ‘‘(v) establishing military guidance for the 

21 development of the joint force.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
394 

HR 4909 PCS

1 SEC. 906. MODIFICATION TO INDEPENDENT STUDY OF NA2 TIONAL SECURITY STRATEGY FORMULATION 

3 PROCESS. 

4 Section 1064(b)(2) of the National Defense Author5 ization Act for Fiscal Year 2016 (Public Law 114–92; 129 

6 Stat. 989) is amended— 

7 (1) in subparagraph (D), by inserting ‘‘, includ8 ing Congress,’’ after ‘‘Federal Government’’; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(E) The capabilities and limitations of 

12 the Department of Defense workforce respon13 sible for conducting strategic planning, includ14 ing recommendations for improving the work15 force through training, education, and career 

16 management.’’. 

17 SEC. 907. TERM OF OFFICE FOR THE CHAIRMAN OF THE 

18 JOINT CHIEFS OF STAFF. 

19 (a) AMENDMENTS.—Section 152(a) of title 10, 

20 United States Code, is amended— 

21 (1) in paragraph (1), by striking ‘‘a term of two 

22 years’’ and all that follows through the end and in23 serting the following: ‘‘a term of four years, begin24 ning on October 1 of a year that is three years fol25 lowing a year evenly divisible by four. The limitation 


emcdonald on DSK3SPTVN1PROD with BILLS
395 

HR 4909 PCS

1 of this paragraph on the length of term does not 

2 apply in time of war.’’; and 

3 (2) in paragraph (3), by striking ‘‘exceeds six 

4 years’’ and all that follows through the end and in5 serting the following: ‘‘exceeds eight years. The limi6 tation of this paragraph does not apply in time of 

7 war.’’. 

8 (b) DELAYED EFFECTIVE DATE.—The amendments 

9 made by this section shall take effect on October 1, 2019. 

10 SEC. 908. RESPONSIBILITIES OF THE CHAIRMAN OF THE 

11 JOINT CHIEFS OF STAFF RELATING TO OPER12 ATIONS. 

13 Section 153(a) of title 10, United States Code, is 

14 amended— 

15 (1) by redesignating paragraphs (4), (5), and 

16 (6) as paragraphs (5), (6), and (7), respectively; 

17 (2) by inserting after paragraph (3) the fol18 lowing new paragraph (4): 

19 ‘‘(4) ADVICE ON OPERATIONS.—Advising— 

20 ‘‘(A) the President and the Secretary of 

21 Defense on ongoing military operations; and 

22 ‘‘(B) the Secretary on the allocation and 

23 transfer of forces among geographic and func24 tional combatant commands, as necessary, to 


emcdonald on DSK3SPTVN1PROD with BILLS
396 

HR 4909 PCS

1 address transregional, multi-domain, and multi2 functional threats.’’. 

3 SEC. 909. ASSIGNED FORCES WITHIN THE CONTINENTAL 

4 UNITED STATES. 

5 Section 162(a) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (2), by inserting after ‘‘of this 

8 title’’ the following: ‘‘, other forces within the conti9 nental United States that are directed by the Sec10 retary of Defense to be assigned to a military de11 partment,’’; and 

12 (2) in paragraph (4), by inserting after ‘‘unified 

13 combatant command’’ the following: ‘‘, other than 

14 forces within the continental United States that are 

15 directed by the Secretary to be assigned to a mili16 tary department,’’. 

17 SEC. 910. REDUCTION IN GENERAL OFFICER AND FLAG OF18 FICER GRADES AND POSITIONS. 

19 (a) GRADE OF SERVICE OR FUNCTIONAL COMPO20 NENT COMMANDER.—Section 164(e) of title 10, United 

21 States Code, is amended by adding after paragraph (4) 

22 the following new paragraph: 

23 ‘‘(5) The grade of an officer serving as a com24 mander of a service or functional component com25 mand under a commander of a combatant command 


emcdonald on DSK3SPTVN1PROD with BILLS
397 

HR 4909 PCS

1 shall be no higher than lieutenant general or vice ad2 miral.’’. 

3 (b) DEFINITIONS.—Section 164 of such title is fur4 ther amended by adding at the end the following new sub5 section: 

6 ‘‘(h) DEFINITIONS.—For purposes of this section— 

7 ‘‘(1) a service component command is subordi8 nate to the commander of a unified command and 

9 consists of the service component commander and 

10 the service forces (such as individuals, units, detach11 ments, and organizations, including the support 

12 forces), as assigned by the Secretary of Defense, 

13 that have been assigned to that combatant com14 mander; and 

15 ‘‘(2) a functional component command is a 

16 command normally, but not necessarily, composed of 

17 forces of two or more military departments which 

18 may be established across the range of military oper19 ations to perform particular operational missions 

20 that may be of short duration or may extend over 

21 a period of time.’’. 

22 (c) REDUCTION IN POSITIONS.— 

23 (1) REDUCTION.—The Secretary of Defense 

24 shall reduce the total number of officers in the grade 


emcdonald on DSK3SPTVN1PROD with BILLS
398 

HR 4909 PCS

1 of general or admiral on active duty by five posi2 tions. 

3 (2) REPORT.—The Secretary of Defense shall 

4 submit to the congressional defense committees a re5 port on how the Department of Defense plans to im6 plement the reductions required by paragraph (1), 

7 including how to balance and reduce the total num8 ber of general officers and flag officers in accordance 

9 with sections 525 and 526 of title 10, United States 

10 Code. 

11 (d) TREATMENT OF CURRENT COMMANDERS.—An 

12 officer serving on the date of the enactment of this Act 

13 as a commander of a service or functional component com14 mand under a commander of a combatant command shall 

15 serve in that position until the appointment of another of16 ficer in accordance with the amendment made by sub17 section (a). 

18 SEC. 911. ESTABLISHMENT OF UNIFIED COMBATANT COM19 MAND FOR CYBER OPERATIONS. 

20 (a) ESTABLISHMENT OF CYBER COMMAND.—Chap21 ter 6 of title 10, United States Code, is amended by add22 ing at the end the following new section: 


emcdonald on DSK3SPTVN1PROD with BILLS
399 

HR 4909 PCS

1 ‘‘§ 169. Unified combatant command for cyber oper2 ations 

3 ‘‘(a) ESTABLISHMENT.—With the advice and assist4 ance of the Chairman of the Joint Chiefs of Staff, the 

5 President, through the Secretary of Defense, shall estab6 lish under section 161 of this title a unified combatant 

7 command for cyber operations forces (hereinafter in this 

8 section referred to as the ‘cyber command’). The principal 

9 function of the command is to prepare cyber operations 

10 forces to carry out assigned missions. 

11 ‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise di12 rected by the Secretary of Defense, all active and reserve 

13 cyber operations forces of the armed forces stationed in 

14 the United States shall be assigned to the cyber command. 

15 ‘‘(c) GRADE OF COMMANDER.—The commander of 

16 the cyber operations command shall hold the grade of gen17 eral or, in the case of an officer of the Navy, admiral while 

18 serving in that position, without vacating his permanent 

19 grade. The commander of such command shall be ap20 pointed to that grade by the President, by and with the 

21 advice and consent of the Senate, for service in that posi22 tion. 

23 ‘‘(d) COMMAND OF ACTIVITY OR MISSION.—(1) Un24 less otherwise directed by the President or the Secretary 

25 of Defense, a cyber operations activity or mission shall be 

26 conducted in coordination with the command of the comVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
400 

HR 4909 PCS

1 mander of the unified combatant command in whose geo2 graphic area the activity or mission is to be conducted. 

3 ‘‘(2) The commander of the cyber command shall ex4 ercise command of a selected cyber operations mission if 

5 directed to do so by the President or the Secretary of De6 fense. 

7 ‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) 

8 In addition to the authority prescribed in section 164(c) 

9 of this title, the commander of the cyber command shall 

10 be responsible for, and shall have the authority to conduct, 

11 all affairs of such command relating to cyber operations 

12 activities. 

13 ‘‘(2) The commander of such command shall be re14 sponsible for, and shall have the authority to conduct, the 

15 following functions relating to cyber operations activities 

16 (whether or not relating to the cyber command): 

17 ‘‘(A) Developing strategy, doctrine, and tactics. 

18 ‘‘(B) Preparing and submitting to the Secretary 

19 of Defense program recommendations and budget 

20 proposals for cyber operations forces and for other 

21 forces assigned to the cyber command. 

22 ‘‘(C) Exercising authority, direction, and con23 trol over the expenditure of funds— 

24 ‘‘(i) for forces assigned directly to the 

25 cyber command; and 


emcdonald on DSK3SPTVN1PROD with BILLS
401 

HR 4909 PCS

1 ‘‘(ii) for cyber operations forces assigned to 

2 unified combatant commands other than the 

3 cyber command, with respect to all matters cov4 ered by section 807 of the National Defense 

5 Authorization Act for Fiscal Year 2014 (Public 

6 Law 114–92; 129 Stat. 886; 10 U.S.C. 2224 

7 note) and, with respect to a matter not covered 

8 by such section, to the extent directed by the 

9 Secretary of Defense. 

10 ‘‘(D) Training assigned forces. 

11 ‘‘(E) Conducting specialized courses of instruc12 tion for commissioned and noncommissioned officers. 

13 ‘‘(F) Validating requirements. 

14 ‘‘(G) Establishing priorities for requirements. 

15 ‘‘(H) Ensuring the interoperability of equip16 ment and forces. 

17 ‘‘(I) Formulating and submitting requirements 

18 for intelligence support. 

19 ‘‘(J) Monitoring the promotions, assignments, 

20 retention, training, and professional military edu21 cation of cyber operations forces officers. 

22 ‘‘(3) The commander of the cyber command shall be 

23 responsible for— 

24 ‘‘(A) ensuring the combat readiness of forces 

25 assigned to the cyber command; and 


emcdonald on DSK3SPTVN1PROD with BILLS
402 

HR 4909 PCS

1 ‘‘(B) monitoring the preparedness to carry out 

2 assigned missions of cyber forces assigned to unified 

3 combatant commands other than the cyber com4 mand. 

5 ‘‘(C) The staff of the commander shall include 

6 an inspector general who shall conduct internal au7 dits and inspections of purchasing and contracting 

8 actions through the cyber operations command and 

9 such other inspector general functions as may be as10 signed. 

11 ‘‘(f) INTELLIGENCE AND SPECIAL ACTIVITIES.—This 

12 section does not constitute authority to conduct any activ13 ity which, if carried out as an intelligence activity by the 

14 Department of Defense, would require a notice to the Se15 lect Committee on Intelligence of the Senate and the Per16 manent Select Committee on Intelligence of the House of 

17 Representatives under title V of the National Security Act 

18 of 1947 (50 U.S.C. 3091 et seq.).’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item: 

‘‘169. Unified combatant command for cyber operations.’’. 

22 SEC. 912. REVISION OF REQUIREMENTS RELATING TO 

23 LENGTH OF JOINT DUTY ASSIGNMENTS. 

24 (a) MINIMUM LENGTH OF ASSIGNMENT.—Section 

25 664(a) of title 10, United States Code, is amended by 


emcdonald on DSK3SPTVN1PROD with BILLS
403 

HR 4909 PCS

1 striking ‘‘assignment—’’ and paragraphs (1) and (2) and 

2 inserting ‘‘ assignment shall not be less than two years.’’. 

3 (b) REPEAL OF REQUIREMENTS RELATING TO INI4 TIAL ASSIGNMENT OF CERTAIN OFFICERS AND AVERAGE

5 TOUR LENGTHS.—Section 664 of title 10, United States 

6 Code, is amended by striking subsections (c) and (e). 

7 (c) EXCLUSIONS FROM TOUR LENGTH.—Section 

8 664(d) of title 10, United States Code, is amended— 

9 (1) in paragraph (1), by striking in subpara10 graph (D) and inserting the following new subpara11 graph: 

12 ‘‘(D) a qualifying reassignment from a 

13 joint duty assignment as prescribed by the Sec14 retary of Defense by regulation.’’; 

15 (2) by striking paragraph (2); and 

16 (3) by redesignating paragraph (3) as para17 graph (2). 

18 (d) FULL TOUR OF DUTY.—Section 664(f) of title 

19 10, United States Code, is amended— 

20 (1) in paragraph (1), by striking ‘‘prescribed 

21 in’’ and inserting ‘‘prescribed under’’; 

22 (2) by striking paragraphs (2) and (4); 

23 (3) by redesignating paragraphs (3) and (5) as 

24 paragraphs (2) and (3), respectively; and 


emcdonald on DSK3SPTVN1PROD with BILLS
404 

HR 4909 PCS

1 (4) by redesignating paragraph (6) as para2 graph (4), and in that paragraph, by striking ‘‘, but 

3 not less than two years’’. 

4 (e) CONSTRUCTIVE CREDIT.—Section 664(h) of title 

5 10, United States Code, is amended— 

6 (1) by striking ‘‘(1) The Secretary of Defense 

7 may accord’’ and inserting ‘‘The Secretary of De8 fense may award’’; and 

9 (2) by striking paragraph (2). 

10 (f) CLERICAL AND CONFORMING AMENDMENTS.— 

11 Section 664 of title 10, United States Code, is further 

12 amended— 

13 (1) by redesignating subsections (d), (f), (g), 

14 and (h) as subsections (c), (d), (e), and (f), respec15 tively; 

16 (2) in subsection (c), as redesignated, by strik17 ing ‘‘subsection (f)(3)’’ and inserting ‘‘subsection 

18 (d)(2)’’; 

19 (3) in subsection (d), as redesignated, by strik20 ing ‘‘subsection (g)’’ and inserting ‘‘subsection (e)’’; 

21 (4) in subsection (e), as redesignated, by strik22 ing ‘‘ subsection (f)(3)’’ and inserting ‘‘ subsection 

23 (d)(2)’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
405 

HR 4909 PCS

1 (5) in subsection (f), as redesignated, by strik2 ing ‘‘paragraphs (1), (2), and (4) of subsection (f)’’ 

3 and inserting ‘‘subsection (d)(1)’’. 

4 SEC. 913. REVISION OF DEFINITIONS USED FOR JOINT OF5 FICER MANAGEMENT. 

6 (a) DEFINITION OF JOINT MATTERS.—Paragraph 

7 (1) of section 668(a) of title 10, United States Code, is 

8 amended to read as follows: 

9 ‘‘(1) In this chapter, the term ‘joint matters’ means 

10 matters related to any of the following: 

11 ‘‘(A) The development or achievement of stra12 tegic objectives through the synchronization, coordi13 nation, and organization of integrated forces in oper14 ations conducted across domains, such as land, sea, 

15 or air, in space, or in the information environment, 

16 including matters relating to any of the following: 

17 ‘‘(i) National military strategy. 

18 ‘‘(ii) Strategic planning and contingency 

19 planning. 

20 ‘‘(iii) Command and control, intelligence, 

21 fires, movement and maneuver, protection or 

22 sustainment of operations under unified com23 mand. 

24 ‘‘(iv) National security planning with other 

25 departments and agencies of the United States. 


emcdonald on DSK3SPTVN1PROD with BILLS
406 

HR 4909 PCS

1 ‘‘(v) Combined operations with military 

2 forces of allied nations. 

3 ‘‘(B) Acquisition matters conducted by mem4 bers of the armed forces and covered under chapter 

5 87 of this title involved in developing, testing, con6 tracting, producing, or fielding of multi-service pro7 grams or systems. 

8 ‘‘(C) Other matters designated in regulation by 

9 the Secretary of Defense in consultation with the 

10 Chairman of the Joint Chiefs of Staff.’’. 

11 (b) DEFINITION OF INTEGRATED FORCES.—Section 

12 668(a)(2) of title 10, United States Code, is amended in 

13 the matter preceding subparagraph (A)— 

14 (1) by striking ‘‘integrated military forces’’ and 

15 inserting ‘‘integrated forces’’; and 

16 (2) by striking ‘‘the planning or execution (or 

17 both) of operations involving’’ and inserting ‘‘achiev18 ing unified action with’’. 

19 (c) DEFINITION OF JOINT DUTY ASSIGNMENT.—Sec20 tion 668(b)(1) of title 10, United States Code, is amended 

21 by striking subparagraph (A) and inserting the following 

22 new subparagraph: 

23 ‘‘(A) shall be limited to assignments in which— 

24 ‘‘(i) the preponderance of the duties of the 

25 officer involve joint matters and 


emcdonald on DSK3SPTVN1PROD with BILLS
407 

HR 4909 PCS

1 ‘‘(ii) the officer gains significant experience 

2 in joint matters; and’’. 

3 (d) REPEAL OF DEFINITION OF CRITICAL OCCUPA4 TIONAL SPECIALITY.—Section 668 of title 10, United 

5 States Code, is amended by striking subsection (d). 

6 SEC. 914. INDEPENDENT ASSESSMENT OF COMBATANT 

7 COMMAND STRUCTURE. 

8 (a) ASSESSMENT REQUIRED.—Not later than 30 

9 days after the date of the enactment of this Act, the Sec10 retary of Defense shall enter into a contract with an inde11 pendent entity with appropriate expertise to conduct an 

12 assessment on combatant command structure, and to pro13 vide recommendations for improving the overall effective14 ness of combatant command structures. 

15 (b) ELEMENTS.—The assessment shall include an ex16 amination of the following: 

17 (1) The evolution of combatant command re18 quirements and resources over the last 15 years of 

19 conflict. 

20 (2) The organization, composition, and size of 

21 combatant commands. 

22 (3) The resources of combatant commands, in23 cluding the degree to which combatant commands 

24 are adequately resourced and the degree to which 


emcdonald on DSK3SPTVN1PROD with BILLS
408 

HR 4909 PCS

1 combatant command requirements for forces are 

2 met. 

3 (4) The benefits, drawbacks, and resource im4 plications of eliminating, consolidating, or altering 

5 the structure of combatant commands. 

6 (5) A comparison of combatant command struc7 tures with alternative structures, including Joint 

8 Task Force or task-organized forces below the com9 batant command level. 

10 (c) REPORT.—Not later than March 1, 2017, the 

11 Secretary of Defense shall submit to the congressional de12 fense committees a report on the findings and rec13 ommendations of the independent entity. 

14 Subtitle B—Other Matters 

15 SEC. 921. MODIFICATIONS TO CORROSION REPORT. 

16 (a) MODIFICATIONS TO REPORT TO CONGRESS.— 

17 Section 2228(e)(1) of title 10, United States Code, is 

18 amended— 

19 (1) in the matter preceding subparagraph (A), 

20 by inserting after ‘‘2009’’ the following: ‘‘and ending 

21 with the budget submitted on or before January 31, 

22 2021’’; 

23 (2) by amending subparagraph (B) to read as 

24 follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
409 

HR 4909 PCS

1 ‘‘(B) The estimated composite return on invest2 ment achieved by implementing the strategy, and 

3 documented in the assessments by the Department 

4 of Defense of completed corrosion projects and ac5 tivities.’’; 

6 (3) by amending subparagraph (D) to read as 

7 follows: 

8 ‘‘(D) If the full amount of funding require9 ments is not requested in the budget, the reasons for 

10 not including the full amount and a description of 

11 the impact on readiness, logistics, and safety of not 

12 fully funding required corrosion prevention and miti13 gation activities’’; and 

14 (4) in subparagraph (F), by striking ‘‘pilot’’. 

15 (b) REPORT TO DIRECTOR OF CORROSION POLICY

16 AND OVERSIGHT.—Section 2228(e)(2) of such title is 

17 amended— 

18 (1) by inserting ‘‘(A)’’ before ‘‘Each report’’; 

19 (2) by striking ‘‘a copy of’’ and all that follows 

20 through the period and inserting ‘‘a summary of the 

21 most recent report required by subparagraph (B)’’; 

22 and 

23 (3) by adding at the end the following new sub24 paragraph: 


emcdonald on DSK3SPTVN1PROD with BILLS
410 

HR 4909 PCS

1 ‘‘(B) Not later than December 31 of each year, 

2 through December 31, 2020, the corrosion control and 

3 prevention executive of a military department shall submit 

4 to the Director of Corrosion Policy and Oversight a report 

5 containing recommendations pertaining to the corrosion 

6 control and prevention program of the military depart7 ment. Such report shall include recommendations for the 

8 funding levels necessary for the executive to carry out the 

9 duties of the executive under this section. The report re10 quired under this subparagraph shall— 

11 ‘‘(i) provide a summary of key accomplish12 ments, goals, and objectives of the corrosion control 

13 and prevention program of the military department; 

14 and 

15 ‘‘(ii) include the performance measures used to 

16 ensure that the corrosion control and prevention pro17 gram achieved the goals and objectives described in 

18 clause (i).’’. 

19 (c) CONFORMING REPEAL.—Section 903(b) of Public 

20 Law 110–417 (10 U.S.C. 2228 note) is amended by strik21 ing paragraph (5). 


emcdonald on DSK3SPTVN1PROD with BILLS
411 

HR 4909 PCS

1 SEC. 922. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEM2 BERS AT JOINT SPECIAL OPERATIONS UNI3 VERSITY. 

4 Section 1595(c) of title 10, United States Code, is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(5) The Joint Special Operations University.’’. 

8 SEC. 923. GUIDELINES FOR CONVERSION OF FUNCTIONS 

9 PERFORMED BY CIVILIAN OR CONTRACTOR 

10 PERSONNEL TO PERFORMANCE BY MILITARY 

11 PERSONNEL. 

12 Section 129a of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(g) GUIDELINES FOR PERFORMANCE OF CERTAIN

16 FUNCTIONS BY MILITARY PERSONNEL.—(1) Except as 

17 provided in paragraph (2), no functions performed by ci18 vilian personnel or contractors may be converted to per19 formance by military personnel unless— 

20 ‘‘(A) there is a direct link between the functions 

21 to be performed and a military occupational spe22 cialty; and 

23 ‘‘(B) the conversion to performance by military 

24 personnel is cost effective, based on Department of 

25 Defense instruction 7041.04 (or any successor ad26 ministrative regulation, directive, or policy). 


emcdonald on DSK3SPTVN1PROD with BILLS
412 

HR 4909 PCS

1 ‘‘(2) Paragraph (1) shall not apply to the following 

2 functions: 

3 ‘‘(A) Functions required by law or regulation to 

4 be performed by military personnel. 

5 ‘‘(B) Functions related to— 

6 ‘‘(i) missions involving operation risks and 

7 combatant status under the Law of War; 

8 ‘‘(ii) specialized collective and individual 

9 training requiring military-unique knowledge 

10 and skills based on recent operational experi11 ence; 

12 ‘‘(iii) independent advice to senior civilian 

13 leadership in the Department of Defense requir14 ing military-unique knowledge and skills based 

15 on recent operational experience; and 

16 ‘‘(iv) command and control arrangements 

17 under chapter 47 of this title (the Uniform 

18 Code of Military Justice).’’. 

19 SEC. 924. PUBLIC RELEASE BY INSPECTORS GENERAL OF 

20 REPORTS OF MISCONDUCT. 

21 (a) RELEASE OF INSPECTOR GENERAL OF THE DE22 PARTMENT OF DEFENSE ADMINISTRATIVE MISCONDUCT

23 REPORTS.—Section 141 of title 10, United States Code, 

24 is amended by adding at the end the following new sub25 section: 


emcdonald on DSK3SPTVN1PROD with BILLS
413 

HR 4909 PCS

1 ‘‘(c) Within 60 days after issuing a final report, the 

2 Inspector General of the Department of Defense shall pub3 licly release any reports of administrative investigations 

4 that confirm misconduct, including violations of Federal 

5 law and violations of policies of the Department of De6 fense, of members of the Senior Executive Service, individ7 uals who are employed in positions of a confidential or 

8 policy-determining character under schedule C of subpart 

9 C of part 213 of title 5 of the Code of Federal Regula10 tions, or commissioned officers in the Armed Forces in 

11 pay grades O–6 promotable and above. In releasing the 

12 reports, the Inspector General shall ensure that informa13 tion that would be protected under section 552 of title 5 

14 (commonly known as the ‘Freedom of Information Act’), 

15 section 552a of title 5 (commonly known as the ‘Privacy 

16 Act of 1974’), or section 6103 of the Internal Revenue 

17 Code of 1986 is not disclosed.’’. 

18 (b) RELEASE OF INSPECTOR GENERAL OF THE ARMY

19 ADMINISTRATIVE MISCONDUCT REPORTS.—Section 3020 

20 of such title is amended by adding at the end the following 

21 new subsection: 

22 ‘‘(f) Within 60 days after issuing a final report, the 

23 Inspector General of the Army shall publicly release any 

24 reports of administrative investigations that confirm mis25 conduct, including violations of Federal law and violations 


emcdonald on DSK3SPTVN1PROD with BILLS
414 

HR 4909 PCS

1 of policies of the Department of Defense, of members of 

2 the Senior Executive Service, individuals who are em3 ployed in positions of a confidential or policy-determining 

4 character under schedule C of subpart C of part 213 of 

5 title 5 of the Code of Federal Regulations, or commis6 sioned officers in the Armed Forces in pay grades O–6 

7 promotable and above. In releasing the reports, the In8 spector General shall ensure that information that would 

9 be protected under section 552 of title 5 (commonly known 

10 as the ‘Freedom of Information Act’), section 552a of title 

11 5 (commonly known as the ‘Privacy Act of 1974’), or sec12 tion 6103 of the Internal Revenue Code of 1986 is not 

13 disclosed.’’. 

14 (c) RELEASE OF NAVAL INSPECTOR GENERAL AD15 MINISTRATIVE MISCONDUCT REPORTS.—Section 5020 of 

16 such title is amended by adding at the end the following 

17 new subsection: 

18 ‘‘(e) Within 60 days after issuing a final report, the 

19 Naval Inspector General shall publicly release any reports 

20 of administrative investigations that confirm misconduct, 

21 including violations of Federal law and violations of poli22 cies of the Department of Defense, of members of the Sen23 ior Executive Service, individuals who are employed in po24 sitions of a confidential or policy-determining character 

25 under schedule C of subpart C of part 213 of title 5 of 


emcdonald on DSK3SPTVN1PROD with BILLS
415 

HR 4909 PCS

1 the Code of Federal Regulations, or commissioned officers 

2 in the Armed Forces in pay grades O–6 promotable and 

3 above. In releasing the reports, the Naval Inspector Gen4 eral shall ensure that information that would be protected 

5 under section 552 of title 5 (commonly known as the 

6 ‘Freedom of Information Act’), section 552a of title 5 

7 (commonly known as the ‘Privacy Act of 1974’), or section 

8 6103 of the Internal Revenue Code of 1986 is not dis9 closed.’’. 

10 (d) RELEASE OF INSPECTOR GENERAL OF THE AIR

11 FORCE ADMINISTRATIVE MISCONDUCT REPORTS.—Sec12 tion 8020 of such title is amended by adding at the end 

13 the following new subsection: 

14 ‘‘(f) Within 60 days after issuing a final report, the 

15 Inspector General of the Air Force shall publicly release 

16 any reports of administrative investigations that confirm 

17 misconduct, including violations of Federal law and viola18 tions of policies of the Department of Defense, of members 

19 of the Senior Executive Service, individuals who are em20 ployed in positions of a confidential or policy-determining 

21 character under schedule C of subpart C of part 213 of 

22 title 5 of the Code of Federal Regulations, or commis23 sioned officers in the Armed Forces in pay grades O–6 

24 promotable and above. In releasing the reports, the In25 spector General shall ensure that information that would 


emcdonald on DSK3SPTVN1PROD with BILLS
416 

HR 4909 PCS

1 be protected under section 552 of title 5 (commonly known 

2 as the ‘Freedom of Information Act’), section 552a of title 

3 5 (commonly known as the ‘Privacy Act of 1974’), or sec4 tion 6103 of the Internal Revenue Code of 1986 is not 

5 disclosed.’’. 

6 SEC. 925. MODIFICATIONS TO REQUIREMENTS FOR AC7 COUNTING FOR MEMBERS OF THE ARMED 

8 FORCES AND DEPARTMENT OF DEFENSE CI9 VILIAN EMPLOYEES LISTED AS MISSING. 

10 (a) LIMITATION OF DEFENSE POW/MIA ACCOUNT11 ING AGENCY TO MISSING PERSONS FROM PAST CON12 FLICTS.—Section 1501(a) of title 10, United States Code, 

13 is amended— 

14 (1) in paragraph (1)(A), by inserting ‘‘from 

15 past conflicts’’ after ‘‘matters relating to missing 

16 persons’’; 

17 (2) in paragraph (2)— 

18 (A) by striking subparagraph (A); 

19 (B) by redesignating subparagraphs (B), 

20 (C), (D), (E), and (F) as subparagraphs (A), 

21 (B), (C), (D), and (E), respectively; and 

22 (C) by inserting ‘‘from past conflicts’’ after 

23 ‘‘missing persons’’ each place it appears; 

24 (3) in paragraph (4)— 


emcdonald on DSK3SPTVN1PROD with BILLS
417 

HR 4909 PCS

1 (A) by striking ‘‘for personal recovery (in2 cluding search, rescue, escape, and evasion) 

3 and’’; and 

4 (B) by inserting ‘‘from past conflicts’’ 

5 after ‘‘missing persons’’; and 

6 (4) by striking paragraph (5). 

7 (b) ACTION UPON DISCOVERY OR RECEIPT OF IN8 FORMATION.—Section 1505(c) of such title is amended by 

9 striking ‘‘designated Agency Director’’ in paragraphs (1), 

10 (2), and (3) and inserting ‘‘Secretary of Defense’’. 

11 (c) DEFINITION OF ‘‘ACCOUNTED FOR’’.—Section 

12 1513(3)(B) of such title is amended by inserting ‘‘to the 

13 extent practicable’’ after ‘‘are recovered’’. 

14 SEC. 926. REFORM OF NATIONAL SECURITY COUNCIL. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The National Security Council has increas17 ingly micromanaged military operations and central18 ized decisionmaking within the staff of the National 

19 Security Council. The size of the staff has contrib20 uted this problem. 

21 (2) As stated by former Secretary of Defense 

22 Robert M. Gates, ‘‘It was the operational micro23 management that drove me nuts of White House 

24 and [National Security Council] staffers calling sen25 ior commanders out in the field and asking them 


emcdonald on DSK3SPTVN1PROD with BILLS
418 

HR 4909 PCS

1 questions, second guessing commanders’’, and by an2 other former Secretary of Defense Leon Panetta, 

3 ‘‘[B]ecause of that centralization of that authority at 

4 the White House, there are too few voices being 

5 heard in terms of the ability to make decisions and 

6 that includes members of the cabinet.’’. 

7 (3) Gates stated, ‘‘You have 25 people working 

8 on a single military problem... They are going to be 

9 doing things they shouldn’t be doing,’’ and Panetta 

10 noted, ‘‘The National Security Council has grown 

11 enormously, which means you have a lot more staff 

12 people running around at the White House on these 

13 foreign policy issues.’’. 

14 (4) Press reports indicate that National Secu15 rity Council micromanagement has included select16 ing targets in ongoing military operations, specifying 

17 detailed parameters and limitations on military oper18 ations, and managing military planning and the exe19 cution of plans. 

20 (5) As stated in section 101(a) of the National 

21 Security Act of 1947 (50 U.S.C. 3021(a)), the 

22 ‘‘function of the Council shall be to advise the Presi23 dent with respect to the integration of domestic, for24 eign, and military policies relating to the national se25 curity so as to enable the military services and the 


emcdonald on DSK3SPTVN1PROD with BILLS
419 

HR 4909 PCS

1 other departments and agencies of the Government 

2 to cooperate more effectively in matters involving the 

3 national security’’. 

4 (6) As stated in the November 1961 staff re5 ports and recommendations on ‘‘Organizing for Na6 tional Security’’ submitted to the Committee on Gov7 ernment Operations of the Senate by the Sub8 committee on National Policy Machinery, ‘‘The 

9 Council is an interagency committee: It can inform, 

10 debate, review, adjust, and validate... The Council is 

11 not a decisionmaking body; it does not itself make 

12 policy. It serves only in an advisory capacity to the 

13 President, helping him arrive at decisions which he 

14 alone can make.’’. 

15 (7) As noted in the 1987 Report of the Presi16 dent’s Special Review Board (commonly known as 

17 the ‘‘Tower Commission Report’’), ‘‘As a general 

18 matter, the [National Security Council] staff should 

19 not engage in the implementation of policy or the 

20 conduct of operations. This compromises their over21 sight role and usurps the responsibilities of the de22 partments and agencies.’’. 

23 (8) As noted in the ‘‘Addendum on Structure 

24 and Process Analyses: Volume II – Executive Office 

25 of the President,’’ accompanying the February 2001 


emcdonald on DSK3SPTVN1PROD with BILLS
420 

HR 4909 PCS

1 U.S. Commission on National Security/21st Century 

2 (commonly known as the ‘‘Hart-Rudman Commis3 sion’’), ‘‘[T]he degree to which the [National Secu4 rity Council] gets involved in operational issues 

5 raises a question of congressional oversight. Today 

6 there is limited congressional oversight of the [Na7 tional Security Council]... Assigning the [National 

8 Security Council] greater operational responsibility 

9 would likely result in calls for more congressional 

10 oversight and legislative control...’’. 

11 (9) According to analysis from the Brookings 

12 Institution’s National Security Council Project, the 

13 size of the National Security Council staff from the 

14 early 1960s to the mid-1990s remained consistently 

15 under 60 personnel. Since then, it has grown signifi16 cantly in size. 

17 (10) As former National Security Advisor, 

18 Zbigniew Brzezinski, wrote in ‘‘The NSC’s Midlife 

19 Crisis’’ in Foreign Policy, Winter 1987–1988, 

20 ‘‘There is no magic number, but it would appear 

21 that for successful strategic planning and policy co22 ordination 30-40 senior staff members are probably 

23 adequate. However, to ensure effective supervision 

24 over policy implementation as well, the size of the 

25 staff should be somewhat larger. An optimal figure 


emcdonald on DSK3SPTVN1PROD with BILLS
421 

HR 4909 PCS

1 for the senior staff probably would be about 50 sen2 ior staff members.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the function of the National Security Coun6 cil, consistent with the National Security Act of 

7 1947 (50 U.S.C. 3001 et seq.), is to advise the 

8 President as an independent honest broker on na9 tional security matters, to coordinate national secu10 rity activities across departments and agencies, and 

11 to make recommendations to the President regard12 ing national security objectives and policy, and the 

13 size of the staff of the National Security Council 

14 should be appropriately aligned to this function; 

15 (2) the President is entitled to privacy in the 

16 Office of the President and to a confidential rela17 tionship with the National Security Advisor and the 

18 National Security Council; and 

19 (3) however, a National Security Council, en20 abled by a large staff, that assumes a central policy21 making or operational role is no longer advisory and 

22 should be publicly accountable to the American peo23 ple through Senate confirmation of its leadership 

24 and the activities of the Council subject to direct 

25 oversight by Congress. 


emcdonald on DSK3SPTVN1PROD with BILLS
422 

HR 4909 PCS

1 (c) AMENDMENTS TO NATIONAL SECURITY ACT OF

2 1947.—Section 101 of the National Security Act of 1947 

3 (50 U.S.C. 3021), is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (5), by striking ‘‘and’’; 

6 (B) in paragraph (6), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding after paragraph (6) the fol9 lowing new paragraph: 

10 ‘‘(7) the Assistant to the President for National 

11 Security Affairs.’’; 

12 (2) in subsection (c), by striking ‘‘shall receive 

13 compensation at the rate of $10,000 a year.’’ and 

14 inserting ‘‘shall report to, and be under the general 

15 supervision of, the Assistant to the President for 

16 National Security Affairs.’’; 

17 (3) by redesignating subsections (d) through (l) 

18 as subsections (e) through (m), respectively; and 

19 (4) by inserting after subsection (c) the fol20 lowing new subsection: 

21 ‘‘(d)(1)(A) Except as provided by subparagraph (B), 

22 the Assistant to the President for National Security Af23 fairs shall be appointed by the President. 

24 ‘‘(B) If the staff of the Council exceeds 100 covered 

25 employees at any point during a term of the President, 


emcdonald on DSK3SPTVN1PROD with BILLS
423 

HR 4909 PCS

1 and for the duration of such term (without regard to any 

2 changes to the number of such covered employees), the 

3 Assistant to the President for National Security Affairs 

4 shall be appointed by the President, by and with the advice 

5 and consent of the Senate. 

6 ‘‘(2)(A) Beginning on the date on which the staff of 

7 the Council exceeds 100 covered employees, the person ap8 pointed as the Assistant under paragraph (1)(A), the per9 son nominated by the President to be appointed the As10 sistant under paragraph (1)(B), or any other person des11 ignated by the President to serve as the Assistant in an 

12 acting capacity, may serve in an acting capacity for no 

13 longer than 210 days. 

14 ‘‘(B) If the person nominated by the President to be 

15 appointed the Assistant under paragraph (1)(B) is re16 jected by the Senate, withdrawn, or returned to the Presi17 dent by the Senate, the President shall nominate another 

18 person and the person serving as the acting Assistant may 

19 continue to serve— 

20 ‘‘(i) until the second nomination is confirmed; 

21 or 

22 ‘‘(ii) for no more than 210 days after the sec23 ond nomination is rejected, withdrawn, or returned. 


emcdonald on DSK3SPTVN1PROD with BILLS
424 

HR 4909 PCS

1 ‘‘(3) The President shall notify Congress in writing 

2 not more than seven days after the date on which the staff 

3 of the Council exceeds 100 covered employees. 

4 ‘‘(4) In this subsection, the term ‘covered employees’ 

5 means each of the following officers and employees (count6 ed without regard to full-time equivalent basis): 

7 ‘‘(A) Officers and employees occupying a posi8 tion funded by the Executive Office of the President 

9 performing a function of the Council. 

10 ‘‘(B) Officers, employees, and members of the 

11 Armed Forces from any department, agency, or 

12 independent establishment of the executive branch of 

13 the Government that are on detail to the Council 

14 performing a function of the Council.’’. 

15 (d) CONFORMING AMENDMENT.—Section 3(12) of 

16 the International Religious Freedom Act of 1998 (22 

17 U.S.C. 6402(12)) is amended by striking ‘‘section 101(i)’’ 

18 and inserting ‘‘section 101(l)’’. 

19 Subtitle C—Department of the 

20 Navy and Marine Corps 

21 SEC. 931. REDESIGNATION OF THE DEPARTMENT OF THE 

22 NAVY AS THE DEPARTMENT OF THE NAVY 

23 AND MARINE CORPS. 

24 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

25 The military department designated as the Department of 


emcdonald on DSK3SPTVN1PROD with BILLS
425 

HR 4909 PCS

1 the Navy is redesignated as the Department of the Navy 

2 and Marine Corps. 

3 (b) REDESIGNATION OF SECRETARY AND OTHER

4 STATUTORY OFFICES.— 

5 (1) SECRETARY.—The position of the Secretary 

6 of the Navy is redesignated as the Secretary of the 

7 Navy and Marine Corps. 

8 (2) OTHER STATUTORY OFFICES.—The posi9 tions of the Under Secretary of the Navy, the four 

10 Assistant Secretaries of the Navy, and the General 

11 Counsel of the Department of the Navy are redesig12 nated as the Under Secretary of the Navy and Ma13 rine Corps, the Assistant Secretaries of the Navy 

14 and Marine Corps, and the General Counsel of the 

15 Department of the Navy and Marine Corps, respec16 tively. 

17 SEC. 932. CONFORMING AMENDMENTS TO TITLE 10, UNITED 

18 STATES CODE. 

19 (a) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

20 Paragraph (8) of section 101(a) of title 10, United States 

21 Code, is amended to read as follows: 

22 ‘‘(8) The term ‘military department’ means the 

23 Department of the Army, the Department of the 

24 Navy and Marine Corps, and the Department of the 

25 Air Force.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
426 

HR 4909 PCS

1 (b) ORGANIZATION OF DEPARTMENT.—The text of 

2 section 5011 of such title is amended to read as follows: 

3 ‘‘The Department of the Navy and Marine Corps is sepa4 rately organized under the Secretary of the Navy and Ma5 rine Corps.’’. 

6 (c) POSITION OF SECRETARY.—Section 5013(a)(1) of 

7 such title is amended by striking ‘‘There is a Secretary 

8 of the Navy’’ and inserting ‘‘There is a Secretary of the 

9 Navy and Marine Corps’’. 

10 (d) CHAPTER HEADINGS.— 

11 (1) The heading of chapter 503 of such title is 

12 amended to read as follows: 

13 ‘‘CHAPTER 503—DEPARTMENT OF THE 

14 NAVY AND MARINE CORPS’’. 

15 (2) The heading of chapter 507 of such title is 

16 amended to read as follows: 

17 ‘‘CHAPTER 507—COMPOSITION OF THE DE18 PARTMENT OF THE NAVY AND MARINE 

19 CORPS’’. 

20 (e) OTHER AMENDMENTS.— 

21 (1) Title 10, United States Code, is amended by 

22 striking ‘‘Department of the Navy’’ and ‘‘Secretary 

23 of the Navy’’ each place they appear other than as 

24 specified in subsections (a), (b), (c), and (d) (includ25 ing in section headings, subsection captions, tables 


emcdonald on DSK3SPTVN1PROD with BILLS
427 

HR 4909 PCS

1 of chapters, and tables of sections) and inserting 

2 ‘‘Department of the Navy and Marine Corps’’ and 

3 ‘‘Secretary of the Navy and Marine Corps’’, respec4 tively, in each case with the matter inserted to be in 

5 the same typeface and typestyle as the matter strick6 en. 

7 (2)(A) Sections 5013(f), 5014(b)(2), 5016(a), 

8 5017(2), 5032(a), and 5042(a) of such title are 

9 amended by striking ‘‘Assistant Secretaries of the 

10 Navy’’ and inserting ‘‘Assistant Secretaries of the 

11 Navy and Marine Corps’’. 

12 (B) The heading of section 5016 of such title, 

13 and the item relating to such section in the table of 

14 sections at the beginning of chapter 503 of such 

15 title, are each amended by inserting ‘‘and Marine 

16 Corps’’ after ‘‘of the Navy’’, with the matter in17 serted in each case to be in the same typeface and 

18 typestyle as the matter amended. 

19 SEC. 933. OTHER PROVISIONS OF LAW AND OTHER REF20 ERENCES. 

21 (a) TITLE 37, UNITED STATES CODE.—Title 37, 

22 United States Code, is amended by striking ‘‘Department 

23 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

24 appear and inserting ‘‘Department of the Navy and MaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
428 

HR 4909 PCS

1 rine Corps’’ and ‘‘Secretary of the Navy and Marine 

2 Corps’’, respectively. 

3 (b) OTHER REFERENCES.—Any reference in any law 

4 other than in title 10 or title 37, United States Code, or 

5 in any regulation, document, record, or other paper of the 

6 United States, to the Department of the Navy shall be 

7 considered to be a reference to the Department of the 

8 Navy and Marine Corps. Any such reference to an office 

9 specified in section 2(b) shall be considered to be a ref10 erence to that officer as redesignated by that section. 

11 SEC. 934. EFFECTIVE DATE. 

12 This subtitle and the amendments made by this sub13 title shall take effect on the first day of the first month 

14 beginning more than 60 days after the date of the enact15 ment of this Act. 

16 TITLE X—GENERAL PROVISIONS 

17 Subtitle A—Financial Matters 

18 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

19 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

20 (1) AUTHORITY.—Upon determination by the 

21 Secretary of Defense that such action is necessary in 

22 the national interest, the Secretary may transfer 

23 amounts of authorizations made available to the De24 partment of Defense in this division for fiscal year 

25 2017 between any such authorizations for that fiscal 


emcdonald on DSK3SPTVN1PROD with BILLS
429 

HR 4909 PCS

1 year (or any subdivisions thereof). Amounts of au2 thorizations so transferred shall be merged with and 

3 be available for the same purposes as the authoriza4 tion to which transferred. 

5 (2) LIMITATION.—Except as provided in para6 graph (3), the total amount of authorizations that 

7 the Secretary may transfer under the authority of 

8 this section may not exceed $5,000,000,000. 

9 (3) EXCEPTION FOR TRANSFERS BETWEEN

10 MILITARY PERSONNEL AUTHORIZATIONS.—A trans11 fer of funds between military personnel authoriza12 tions under title IV shall not be counted toward the 

13 dollar limitation in paragraph (2). 

14 (b) LIMITATIONS.—The authority provided by sub15 section (a) to transfer authorizations— 

16 (1) may only be used to provide authority for 

17 items that have a higher priority than the items 

18 from which authority is transferred; and 

19 (2) may not be used to provide authority for an 

20 item that has been denied authorization by Con21 gress. 

22 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

23 transfer made from one account to another under the au24 thority of this section shall be deemed to increase the 

25 amount authorized for the account to which the amount 


emcdonald on DSK3SPTVN1PROD with BILLS
430 

HR 4909 PCS

1 is transferred by an amount equal to the amount trans2 ferred. 

3 (d) NOTICE TO CONGRESS.—The Secretary shall 

4 promptly notify Congress of each transfer made under 

5 subsection (a). 

6 SEC. 1002. REQUIREMENT TO TRANSFER FUNDS FROM DE7 PARTMENT OF DEFENSE ACQUISITION WORK8 FORCE DEVELOPMENT FUND TO THE TREAS9 URY. 

10 (a) TRANSFER REQUIRED.—During fiscal year 2017, 

11 the Secretary of Defense shall transfer, from amounts 

12 available in the Department of Defense Acquisition Work13 force Development Fund from amounts credited to the 

14 Fund pursuant to section 1705(d)(2) of title 10, United 

15 States Code, $475,000,000 to the Secretary of the Treas16 ury for deposit in the general fund of the Treasury. 

17 (b) ADDITIONAL AUTHORITY.—The transfer author18 ity provided by this section is in addition to any other 

19 transfer authority contained in this Act. 

20 SEC. 1003. REPORT ON AUDITABLE FINANCIAL STATE21 MENTS. 

22 Not later than 30 days after the date of the enact23 ment of this Act, the Secretary of Defense shall submit 

24 to the congressional defense committees a report ranking 

25 all military departments and Defense Agencies in order 


emcdonald on DSK3SPTVN1PROD with BILLS
431 

HR 4909 PCS

1 of how advanced they are in achieving auditable financial 

2 statements as required by law. The report should not in3 clude information otherwise available in other reports to 

4 Congress. 

5 Subtitle B—Counter-Drug 

6 Activities 

7 SEC. 1011. EXTENSION OF AUTHORITY TO PROVIDE ADDI8 TIONAL SUPPORT FOR COUNTER-DRUG AC9 TIVITIES OF FOREIGN GOVERNMENTS. 

10 Section 1033(a)(2) of the National Defense Author11 ization Act for Fiscal Year 1998 (Public Law 105–85; 111 

12 Stat. 1881), as most recently amended by section 1012 

13 of the National Defense Authorization Act for Fiscal Year 

14 2016 (Public Law 114–92; 129 Stat. 963), is further 

15 amended by striking ‘‘September 30, 2017’’ and inserting 

16 ‘‘September 30, 2019’’. 

17 SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CUR18 RICULA AND PROGRAM STRUCTURES OF NA19 TIONAL GUARD COUNTERDRUG SCHOOLS. 

20 (a) IN GENERAL.—Section 901 of the Office of Na21 tional Drug Control Policy Reauthorization Act of 2006 

22 (Public Law 109–469; 32 U.S.C. 112 note) is amended— 

23 (1) by redesignating subsections (e) through (g) 

24 as subsections (f) through (h), respectively; and 


emcdonald on DSK3SPTVN1PROD with BILLS
432 

HR 4909 PCS

1 (2) by inserting after subsection (d) the fol2 lowing new subsection (e): 

3 ‘‘(e) CURRICULUM REVIEW.—The Secretary of De4 fense may review and approve the curriculum and program 

5 structure of each school established under this section.’’. 

6 (b) TECHNICAL AMENDMENT.—Subsection (d)(1) of 

7 such section is amended by striking ‘‘section 112(b) of 

8 that title 32’’ and inserting ‘‘section 112(b) of title 32’’. 

9 SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI10 FIED COUNTERDRUG AND COUNTERTER11 RORISM CAMPAIGN IN COLOMBIA. 

12 Section 1021 of the Ronald W. Reagan National De13 fense Authorization Act for Fiscal Year 2005 (Public Law 

14 108–375; 118 Stat. 2042), as most recently amended by 

15 section 1011(a) of the National Defense Authorization Act 

16 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 962), 

17 is further amended— 

18 (1) in subsection (a), by striking ‘‘2017’’ and 

19 inserting ‘‘2018’’; and 

20 (2) in subsection (c), by striking ‘‘2017’’ and 

21 inserting ‘‘2018’’. 

22 SEC. 1014. UNMANNED AERIAL SYSTEMS TRAINING MIS23 SIONS. 

24 The Secretary of Defense shall coordinate unmanned 

25 aerial systems training missions along the southern border 


emcdonald on DSK3SPTVN1PROD with BILLS
433 

HR 4909 PCS

1 of the United States in order to support the Department 

2 of Homeland Security’s counter-narcotic trafficking ef3 forts. 

4 SEC. 1015. FUNDING FOR COUNTER NARCOTICS OPER5 ATIONS. 

6 (a) INCREASE.—Notwithstanding the amounts set 

7 forth in the funding tables in division D, the amount au8 thorized to be appropriated for drug interdiction and 

9 counterdrug activities, Defense-wide, as specified in the 

10 corresponding funding table in section 4501 is hereby in11 creased by $3,000,000. 

12 (b) OFFSET.—Notwithstanding the amounts set forth 

13 in the funding tables in division D, the amount authorized 

14 to be appropriated for operation and maintenance, as 

15 specified in the corresponding funding table in section 

16 4301, for administration and servicewide activities, De17 fense Logistics Agency (Line 160) is hereby reduced by 

18 $3,000,000. 

19 SEC. 1016. REPORT ON EFFORTS OF UNITED STATES 

20 SOUTHERN COMMAND OPERATION TO DE21 TECT AND MONITOR DRUG TRAFFICKING. 

22 The Secretary of Defense shall submit to Congress 

23 a report on the effectiveness of the United States South24 ern Command Operation to limit threats to the national 


emcdonald on DSK3SPTVN1PROD with BILLS
434 

HR 4909 PCS

1 security of the United States by detecting and monitoring 

2 drug trafficking, specifically heroin and fentanyl. 

3 Subtitle C—Naval Vessels and 

4 Shipyards 

5 SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RE6 SPECT TO OVERHAUL, REPAIR, OR MAINTE7 NANCE OF NAVAL VESSELS. 

8 Section 7299a(c)(4) of title 10, United States Code, 

9 is amended by striking ‘‘six months’’ and inserting ‘‘10 

10 months’’. 

11 SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING 

12 CONTRACTS. 

13 (a) IN GENERAL.—Chapter 633 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 7318. Warranty requirements for shipbuilding con17 tracts 

18 ‘‘(a) REQUIREMENT.—A contracting officer for a 

19 contract for which funds are expended from the Ship20 building and Conversion, Navy account shall require, as 

21 a condition of the contract, that the work performed under 

22 the contract is covered by a warranty for a period of at 

23 least one year. 

24 ‘‘(b) WAIVER.—If the contracting officer for a con25 tract covered by the requirement under subsection (a) deVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
435 

HR 4909 PCS

1 termines that a limited liability of warranted work is in 

2 the best interest of the Government, the contracting offi3 cer may agree to limit the liability of the work performed 

4 under the contract to a level that the contracting officer 

5 determines is sufficient to protect the interests of the Gov6 ernment and in keeping with historical levels of warranted 

7 work on similar vessels.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘7318. Warranty requirements for shipbuilding contracts.’’. 

11 SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND. 

12 (a) TRANSFER AUTHORITY.—Section 1022(b)(1) of 

13 the National Defense Authorization Act for Fiscal Year 

14 2015 (Public Law 113–291; 128 Stat. 3487), as amended 

15 by section 1022(b) of the National Defense Authorization 

16 Act for Fiscal Year 2016 (Public Law 114–92), is further 

17 amended by striking ‘‘or 2017’’ and inserting ‘‘2017, or 

18 2018’’. 

19 (b) AUTHORITY FOR MULTIYEAR PROCUREMENT OF

20 CRITICAL COMPONENTS TO SUPPORT CONTINUOUS PRO21 DUCTION.—Section 2218a of title 10, United States Code, 

22 is amended— 

23 (1) by redesignating subsections (i) and (j) as 

24 subsections (j) and (k), respectively; and 


emcdonald on DSK3SPTVN1PROD with BILLS
436 

HR 4909 PCS

1 (2) by inserting after subsection (h) the fol2 lowing new subsection (i): 

3 ‘‘(i) AUTHORITY FOR MULTIYEAR PROCUREMENT OF

4 CRITICAL COMPONENTS TO SUPPORT CONTINUOUS PRO5 DUCTION.—(1) To implement the continuous production 

6 of critical components, the Secretary of the Navy may use 

7 funds deposited in the Fund, in conjunction with funds 

8 appropriated for the procurement of other nuclear-pow9 ered vessels, to enter into one or more multiyear contracts 

10 (including economic ordering quantity contracts), for the 

11 procurement of critical contractor-furnished and Govern12 ment-furnished components for national sea-based deter13 rence vessels. The authority under this subsection extends 

14 to the procurement of equivalent critical parts, compo15 nents, systems, and subsystems common with and re16 quired for other nuclear-powered vessels. 

17 ‘‘(2) Any contract entered into pursuant to para18 graph (1) shall provide that any obligation of the United 

19 States to make a payment under the contract is subject 

20 to the availability of appropriations for that purpose and 

21 that the total liability to the Government for the termi22 nation of the contract shall be limited to the total amount 

23 of funding obligated for the contract as of the date of the 

24 termination.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
437 

HR 4909 PCS

1 (c) DEFINITION OF NATIONAL SEA-BASED DETER2 RENCE VESSEL.—Subsection (k)(2) of such section, as re3 designated by subsection (b), is amended— 

4 (1) by striking ‘‘any vessel’’ and inserting ‘‘any 

5 submersible vessel constructed or purchased after 

6 fiscal year 2016 that is’’; and 

7 (2) by inserting ‘‘and’’ before ‘‘that carries’’. 

8 SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR 

9 INACTIVATION OF TICONDEROGA-CLASS 

10 CRUISERS OR DOCK LANDING SHIPS. 

11 (a) LIMITATION ON RETIREMENT OR INACTIVA12 TION.—None of the funds authorized to be appropriated 

13 by this Act or otherwise made available for the Depart14 ment of Defense for fiscal year 2017 may be obligated or 

15 expended— 

16 (1) to retire, prepare to retire, or inactivate a 

17 cruiser or dock landing ship; or 

18 (2) to place in a modernization status more 

19 than six cruisers and one dock landing ship identi20 fied in section 1026(a)(2) of the Carl Levin and 

21 Howard P. ‘‘Buck’’ McKeon National Defense Au22 thorization Act for Fiscal Year 2015 (Public Law 

23 113–291; 128 Stat. 3490). 

24 (b) HULL, MECHANICAL, AND ELECTRICAL MOD25 ERNIZATION.—Not more than 75 percent of the funds 


emcdonald on DSK3SPTVN1PROD with BILLS
438 

HR 4909 PCS

1 made available for the Office of the Secretary of Defense 

2 for fiscal year 2017 may be obligated until the Secretary 

3 of the Navy— 

4 (1) enters into a contract for the modernization 

5 industrial period associated with four cruisers and 

6 one dock landing ship referred to in section 

7 1026(a)(2) of the Carl Levin and Howard P. 

8 ‘‘Buck’’ McKeon National Defense Authorization 

9 Act for Fiscal Year 2015 (Public Law 113–291; 128 

10 Stat. 3490); and 

11 (2) enters into a contract for the procurement 

12 of combat systems upgrades associated with six such 

13 cruisers and one such dock landing ship. 

14 SEC. 1025. RESTRICTIONS ON THE OVERHAUL AND REPAIR 

15 OF VESSELS IN FOREIGN SHIPYARDS. 

16 (a) IN GENERAL.—Section 7310(b)(1) of title 10, 

17 United States Code, is amended— 

18 (1) by striking ‘‘In the case’’ and inserting ‘‘(A) 

19 Except as provided in subparagraph (B), in the 

20 case’’; 

21 (2) by striking ‘‘during the 15-month’’ and all 

22 that follows through ‘‘United States)’’; 

23 (3) by inserting before the period at the end the 

24 following: ‘‘, other than in the case of voyage re25 pairs’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
439 

HR 4909 PCS

1 (4) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) The Secretary of the Navy may waive the appli4 cation of subparagraph (A) to a contract award if the Sec5 retary determines that the waiver is essential to the na6 tional security interests of the United States.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall take effect on the later of the following 

9 dates: 

10 (1) The date of the enactment of the National 

11 Defense Authorization Act for Fiscal Year 2018. 

12 (2) October 1, 2017. 

13 Subtitle D—Counterterrorism 

14 SEC. 1031. FREQUENCY OF COUNTERTERRORISM OPER15 ATIONS BRIEFINGS. 

16 (a) IN GENERAL.—Subsection (a) of section 485 of 

17 title 10, United States Code is amended by striking ‘‘quar18 terly’’ and inserting ‘‘monthly’’. 

19 (b) SECTION HEADING.—The section heading for 

20 such section is amended by striking ‘‘Quarterly’’ and 

21 inserting ‘‘Monthly’’. 

22 (c) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 23 of such title is amended 

24 by striking the item relating to section 485 and inserting 

25 the following new item: 

‘‘485. Monthly counterterrorism operations briefings.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
440 

HR 4909 PCS

1 SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER 

2 OR RELEASE OF INDIVIDUALS DETAINED AT 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA TO THE UNITED STATES. 

5 No amounts authorized to be appropriated or other6 wise made available for the Department of Defense may 

7 be used during the period beginning on the date of the 

8 enactment of this Act and ending on December 31, 2017, 

9 to transfer, release, or assist in the transfer or release to 

10 or within the United States, its territories, or possessions 

11 of Khalid Sheikh Mohammed or any other detainee who— 

12 (1) is not a United States citizen or a member 

13 of the Armed Forces of the United States; and 

14 (2) is or was held on or after January 20, 

15 2009, at United States Naval Station, Guantanamo 

16 Bay, Cuba, by the Department of Defense. 

17 SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

18 OR MODIFY FACILITIES IN THE UNITED 

19 STATES TO HOUSE DETAINEES TRANS20 FERRED FROM UNITED STATES NAVAL STA21 TION, GUANTANAMO BAY, CUBA. 

22 (a) IN GENERAL.—No amounts authorized to be ap23 propriated or otherwise made available to the Department 

24 of Defense may be used during the period beginning on 

25 the date of the enactment of this Act and ending on De26 cember 31, 2017, to construct or modify any facility in 


emcdonald on DSK3SPTVN1PROD with BILLS
441 

HR 4909 PCS

1 the United States, its territories, or possessions to house 

2 any individual detained at Guantanamo for the purposes 

3 of detention or imprisonment in the custody or under the 

4 control of the Department of Defense unless authorized 

5 by Congress. 

6 (b) EXCEPTION.—The prohibition in subsection (a) 

7 shall not apply to any modification of facilities at United 

8 States Naval Station, Guantanamo Bay, Cuba. 

9 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE10 FINED.—In this section, the term ‘‘individual detained at 

11 Guantanamo’’ has the meaning given that term in section 

12 1034(f)(2) of the National Defense Authorization Act for 

13 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 

14 U.S. C. 801 note). 

15 SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER 

16 OR RELEASE TO CERTAIN COUNTRIES OF IN17 DIVIDUALS DETAINED AT UNITED STATES 

18 NAVAL STATION, GUANTANAMO BAY, CUBA. 

19 No amounts authorized to be appropriated or other20 wise made available for the Department of Defense may 

21 be used during the period beginning on the date of the 

22 enactment of this Act and ending on December 31, 2017, 

23 to transfer, release, or assist in the transfer or release of 

24 any individual detained in the custody or under the control 

25 of the Department of Defense at United States Naval StaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
442 

HR 4909 PCS

1 tion, Guantanamo Bay, Cuba, to the custody or control 

2 of any country, or any entity within such country, as fol3 lows: 

4 (1) Libya. 

5 (2) Somalia. 

6 (3) Syria. 

7 (4) Yemen. 

8 SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGN9 MENT OF FORCES AT OR CLOSURE OF 

10 UNITED STATES NAVAL STATION, GUANTA11 NAMO BAY, CUBA. 

12 No amounts authorized to be appropriated or other13 wise made available for the Department of Defense for 

14 fiscal year 2017 may be used— 

15 (1) to close or abandon United States Naval 

16 Station, Guantanamo Bay, Cuba; 

17 (2) to relinquish control of Guantanamo Bay to 

18 the Republic of Cuba; or 

19 (3) to implement a material modification to the 

20 Treaty Between the United States of America and 

21 Cuba signed at Washington, D.C. on May 29, 1934, 

22 that constructively closes United States Naval Sta23 tion, Guantanamo Bay. 


emcdonald on DSK3SPTVN1PROD with BILLS
443 

HR 4909 PCS

1 SEC. 1036. MODIFICATION OF CONGRESSIONAL NOTIFICA2 TION OF SENSITIVE MILITARY OPERATIONS. 

3 Section 130f of title 10, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in the first sentence, by inserting ‘‘no 

7 later than 48 hours’’ after ‘‘under this title’’; 

8 and 

9 (B) in the second sentence, by inserting 

10 ‘‘and the National Defense Authorization Act 

11 for Fiscal Year 2017’’ before the period at the 

12 end; and 

13 (2) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) SENSITIVE MILITARY OPERATION DEFINED.— 

16 In this section, the term ‘sensitive military operation’ 

17 means an operation— 

18 ‘‘(1) conducted by the United States armed 

19 forces outside the United States, whether conducted 

20 by the United States acting alone or cooperatively; 

21 ‘‘(2) conducted pursuant to— 

22 ‘‘(A) the Authorization for the Use of Mili23 tary Force (Public Law 107–40; 50 U.S.C. 

24 1541); or 

25 ‘‘(B) any other authority except— 

26 ‘‘(i) a declaration of war; or 


emcdonald on DSK3SPTVN1PROD with BILLS
444 

HR 4909 PCS

1 ‘‘(ii) a specific statutory authorization 

2 for the use of force other than the author3 ization referred to in subparagraph (A); 

4 ‘‘(3) conducted outside a theater of major hos5 tilities; and 

6 ‘‘(4) that is either— 

7 ‘‘(A) a lethal operation; 

8 ‘‘(B) a capture operation; or 

9 ‘‘(C) an activity of self-defense, collective 

10 self defense, or in defense of a foreign partner 

11 during a cooperative operation.’’. 

12 SEC. 1037. COMPREHENSIVE STRATEGY FOR DETENTION 

13 OF CERTAIN INDIVIDUALS. 

14 (a) IN GENERAL.—Not later than July 19, 2017, the 

15 Secretary of Defense shall, in consultation with the Attor16 ney General and the Director of National Intelligence, 

17 submit to the appropriate congressional committees a re18 port setting forth the details of a comprehensive strategy 

19 for the detention of current and future individuals cap20 tured and held pursuant to the Authorization for Use of 

21 Military Force (Public Law 107–40) pending the end of 

22 hostilities. 

23 (b) COMPREHENSIVE STRATEGY.—The comprehen24 sive detention strategy required by subsection (a) shall 

25 contain the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
445 

HR 4909 PCS

1 (1) A policy and plan applicable to individuals 

2 lawfully detained under the effective control of the 

3 United States. 

4 (2) A description of how intelligence informa5 tion is currently gathered from individuals captured 

6 in theaters of combat operation. 

7 (3) A plan for the disposition of individuals 

8 captured in the future. 

9 (4) A description of how the United States will 

10 acquire intelligence information in the future. 

11 (5) A plan for the disposition of individuals 

12 held pursuant to the Authorization for Use of Mili13 tary Force who are currently detained at the United 

14 States Naval Base, Guantanamo Bay, Cuba. 

15 (c) FORM.—The comprehensive detention strategy re16 quired under subsection (b) shall be submitted in unclassi17 fied form, but may include a classified annex. 

18 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

19 In this section, the term ‘‘appropriate congressional com20 mittees’’ means— 

21 (1) the congressional defense committees; 

22 (2) the Permanent Select Committee on Intel23 ligence of the House of Representatives and the Se24 lect Committee on Intelligence of the Senate; and 


emcdonald on DSK3SPTVN1PROD with BILLS
446 

HR 4909 PCS

1 (3) the Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on 

3 Foreign Relations of the Senate. 

4 SEC. 1038. DECLASSIFICATION OF INFORMATION ON PAST 

5 TERRORIST ACTIVITIES OF DETAINEES 

6 TRANSFERRED FROM UNITED STATES NAVAL 

7 STATION, GUANTANAMO BAY, CUBA. 

8 (a) IN GENERAL.—Not later than 120 days after the 

9 date of the enactment of this Act, the Director of National 

10 Intelligence shall— 

11 (1) complete a declassification review of intel12 ligence reports prepared by the National Counterter13 rorism Center prior to Periodic Review Board ses14 sions or detainee transfers on the past terrorist ac15 tivities of individuals detained at United States 

16 Naval Station, Guantanamo Bay, Cuba, who were 

17 transferred or released from United States Naval 

18 Station, Guantanamo Bay; 

19 (2) make available to the public any informa20 tion declassified as a result of the declassification re21 view; and 

22 (3) submit to the appropriate congressional 

23 committees, consistent with the protection of sources 

24 and methods, a report setting forth— 


emcdonald on DSK3SPTVN1PROD with BILLS
447 

HR 4909 PCS

1 (A) the results of the declassification re2 view; and 

3 (B) if any information covered by the de4 classification review was not declassified pursu5 ant to the review, a justification for the deter6 mination not to declassify such information. 

7 (b) PAST TERRORIST ACTIVITIES.—For purposes of 

8 this section, the past terrorist activities of an individual 

9 shall include the terrorist activities conducted by the indi10 vidual before the transfer of the individual to the detention 

11 facility at United States Naval Station, Guantanamo Bay, 

12 including, at a minimum, the following: 

13 (1) The terrorist organization, if any, with 

14 which affiliated. 

15 (2) The terrorist training, if any, received. 

16 (3) The role in past terrorist attacks against 

17 the interests or allies of the United States. 

18 (4) The direct responsibility, if any, for the 

19 death of citizens of the United States or members of 

20 the Armed Forces. 

21 (5) Any admission of any matter specified in 

22 paragraphs (1) through (4). 

23 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 


emcdonald on DSK3SPTVN1PROD with BILLS
448 

HR 4909 PCS

1 (1) the congressional defense committees; 

2 (2) the Committee on Foreign Affairs of the 

3 House of Representatives; 

4 (3) the Committee on Foreign Relations of the 

5 Senate; 

6 (4) the Permanent Committee on Intelligence of 

7 the House of Representatives; and 

8 (5) the Select Committee on Intelligence of the 

9 Senate. 

10 SEC. 1039. PROHIBITION ON ENFORCEMENT OF MILITARY 

11 COMMISSION RULINGS PREVENTING MEM12 BERS OF THE ARMED FORCES FROM CAR13 RYING OUT OTHERWISE LAWFUL DUTIES 

14 BASED ON MEMBER GENDER. 

15 (a) PROHIBITION.—No order, ruling, finding, or 

16 other determination of a military commission may be con17 strued or implemented to prohibit or restrict a member 

18 of the Armed Forces from carrying out duties otherwise 

19 lawfully assigned to such member to the extent that the 

20 basis for such prohibition or restriction is the gender of 

21 such member. 

22 (b) APPLICABILITY TO PRIOR ORDERS, ETC.—In the 

23 case of an order, ruling, finding, or other determination 

24 described in subsection (a) that was issued before the date 

25 of the enactment of this Act in a military commission and 


emcdonald on DSK3SPTVN1PROD with BILLS
449 

HR 4909 PCS

1 is still effective as of the date of the enactment of this 

2 Act, such order, ruling, finding, or determination shall be 

3 deemed to be vacated and null and void only to the extent 

4 of any prohibition or restriction on the duties of members 

5 of the Armed Forces that is based on the gender of mem6 bers. 

7 (c) MILITARY COMMISSION DEFINED.—In this sec8 tion, the term ‘‘military commission’’ means a military 

9 commission established under chapter 47A of title 10, 

10 United States Code, and any military commission other11 wise established or convened by law. 

12 Subtitle E—Miscellaneous 

13 Authorities and Limitations 

14 SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION 

15 BY THE DEPARTMENT OF DEFENSE OF NON16 DEPARTMENT OF DEFENSE PERSONNEL AND 

17 CARGO. 

18 (a) TRANSPORTATION OF ALLIED AND CIVILIAN

19 PERSONNEL AND CARGO.—Subsection (c) of section 2649 

20 of title 10, United States Code, is amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘PERSONNEL’’ and inserting ‘‘AND CIVILIAN PER23 SONNEL AND CARGO’’; 

24 (2) by striking ‘‘Until January 6, 2016, when’’ 

25 and inserting ‘‘When’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
450 

HR 4909 PCS

1 (3) by striking ‘‘allied forces or civilians’’, and 

2 inserting ‘‘allied and civilian personnel and cargo’’. 

3 (b) COMMERCIAL INSURANCE.—Such section is fur4 ther amended by adding at the end the following new sub5 section: 

6 ‘‘(d) COMMERCIAL INSURANCE.—The Secretary may 

7 enter into a contract or other arrangement with one or 

8 more commercial providers to make insurance products 

9 available to non-Department of Defense shippers using the 

10 Defense Transportation System to insure against the loss 

11 or damage of the shipper’s cargo. Any such contract or 

12 arrangement shall provide that— 

13 ‘‘(1) any insurance premium is collected by the 

14 commercial provider; 

15 ‘‘(2) any claim for loss or damage is processed 

16 and paid by the commercial provider; 

17 ‘‘(3) the commercial provider agrees to hold the 

18 United States harmless and waive any recourse 

19 against the United States for amounts paid to an in20 sured as a result of a claim; and 

21 ‘‘(4) the contract between the commercial pro22 vider and the insured shall contain a provision 

23 whereby the insured waives any claim against the 

24 United States for loss or damage that is within the 


emcdonald on DSK3SPTVN1PROD with BILLS
451 

HR 4909 PCS

1 scope of enumerated risks covered by the insurance 

2 product.’’. 

3 (c) CONFORMING CROSS-REFERENCE AMEND4 MENTS.—Subsection (b) of such section is amended by 

5 striking ‘‘this section’’ both places it appears and inserting 

6 ‘‘subsection (a)’’. 

7 SEC. 1042. LIMITATION ON RETIREMENT, DEACTIVATION, 

8 OR DECOMMISSIONING OF MINE COUNTER9 MEASURES SHIPS. 

10 Section 1090 of the National Defense Authorization 

11 Act for Fiscal Year 2016 (Public Law 111–92; 129 Stat. 

12 1016) is amended by striking subsection (b) and inserting 

13 the following: 

14 ‘‘(b) LIMITATION ON RETIREMENT OF MCM 

15 SHIPS.— 

16 ‘‘(1) IN GENERAL.—None of the funds author17 ized to be appropriated by this Act or otherwise 

18 made available for the Department of the Navy for 

19 fiscal year 2017 may be obligated or expended to re20 tire, deactivate, decommission, to prepare to retire, 

21 deactivate, decommission, or to place in storage 

22 backup inventory or reduced operating status any 

23 MCM-1 class ship. 

24 ‘‘(2) WAIVER AUTHORITY.— 


emcdonald on DSK3SPTVN1PROD with BILLS
452 

HR 4909 PCS

1 ‘‘(A) IN GENERAL.—The Secretary of the 

2 Navy may waive the limitation under paragraph 

3 (1) with respect to any MCM-1 class ship if the 

4 Secretary provides to the congressional defense 

5 committees certification that the operational 

6 test and evaluation for replacement capabilities 

7 for the ship is complete and such capabilities 

8 are available in sufficient quantities to ensure 

9 sufficient mine countermeasures capacity is 

10 available to meet requirements as set forth in 

11 the Join Strategic Capabilities Plan, the cam12 paign plans of the combatant commanders, and 

13 the Navy’s Force Structure Assessment. 

14 ‘‘(B) REPORT.—The first time the Sec15 retary of the Navy exercises the waiver author16 ity under subparagraph (A), the Secretary shall 

17 submit to the congressional defense committees 

18 a report that includes— 

19 ‘‘(i) the recommendations of the Sec20 retary regarding MCM force structure; 

21 ‘‘(ii) the recommendations of the Sec22 retary regarding how to ensure the oper23 ational effectiveness of the surface MCM 

24 force through 2025 based on current capa25 bilities and capacity, replacement schedVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
453 

HR 4909 PCS

1 ules, and service life extensions or retire2 ment schedules; 

3 ‘‘(iii) an assessment of the MCM ves4 sels, including the decommissioned MCM-1 

5 and MCM-2 ships and the potential of 

6 such ships for reserve operating status; 

7 and 

8 ‘‘(iv) an assessment of the Littoral 

9 Combat Ship MCM mission package incre10 ment one performance against the initial 

11 operational test and evaluation criteria.’’. 

12 SEC. 1043. EXTENSION OF AUTHORITY OF SECRETARY OF 

13 TRANSPORTATION TO ISSUE NON-PREMIUM 

14 AVIATION INSURANCE. 

15 Section 44310(b) of title 49, United States Code, is 

16 amended by striking ‘‘December 31, 2018’’ and inserting 

17 ‘‘December 31, 2019’’. 

18 SEC. 1044. EVALUATION OF NAVY ALTERNATE COMBINA19 TION COVER AND UNISEX COMBINATION 

20 COVER. 

21 (a) MANDATORY POSSESSION OR WEAR DATE.—The 

22 Secretary of the Navy shall change the mandatory posses23 sion or wear date of the alternate combination cover or 

24 the unisex combination cover from October 31, 2016, to 

25 October 31, 2020. 


emcdonald on DSK3SPTVN1PROD with BILLS
454 

HR 4909 PCS

1 (b) EVALUATION AND REPORT.—The Secretary of 

2 the Navy may not implement or enforce any change to 

3 Navy female service dress uniforms until the Secretary 

4 submits to the Committees on Armed Services of the Sen5 ate and House of Representatives a report on the evalua6 tion of the Navy female service dress uniforms. Such eval7 uation shall include each of the following: 

8 (1) An identification of the operational need ad9 dressed by the alternate combination cover or the 

10 unisex combination cover. 

11 (2) An assessment of the individual cost of 

12 service dress uniform items to members of the 

13 Armed Forces as a percentage of their monthly pay. 

14 (3) The composition of each uniform item’s 

15 wear test group. 

16 (4) An identification of the costs to the Navy 

17 and to individual members of the Armed Forces for 

18 uniform changes identified in the Navy administra19 tive message 236/15 dated October 9, 2015. 

20 (5) The opinions of female members of the 

21 Navy active and reserve components. 


emcdonald on DSK3SPTVN1PROD with BILLS
455 

HR 4909 PCS

1 SEC. 1045. PROTECTION OF CERTAIN FEDERAL SPECTRUM 

2 OPERATIONS. 

3 Section 1004 of the Bipartisan Budget Act of 2015 

4 (Public Law 114–74; 47 U.S.C. 921 note) is amended by 

5 adding at the end the following: 

6 ‘‘(d) PROTECTION OF CERTAIN FEDERAL SPECTRUM

7 OPERATIONS.—If the report required by subsection (a) de8 termines that reallocation and auction of the spectrum de9 scribed in the report would harm national security by im10 pacting existing terrestrial Federal spectrum operations at 

11 the Nevada Test and Training Range, the Commission, 

12 in coordination with the Secretary shall, prior to the auc13 tion described in subsection (c)(1)(B), establish rules for 

14 licensees in such spectrum sufficient to mitigate harmful 

15 interference to such operations. 

16 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to affect any requirement under 

18 section 1062(b) of the National Defense Authorization Act 

19 for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law 

20 106–65).’’. 

21 SEC. 1046. TRANSPORTATION ON MILITARY AIRCRAFT ON A 

22 SPACE-AVAILABLE BASIS FOR MEMBERS AND 

23 FORMER MEMBERS OF THE ARMED FORCES 

24 WITH DISABILITIES RATED AS TOTAL. 

25 (a) AVAILABILITY OF TRANSPORTATION.—Section 

26 2641b of title 10, United States Code, is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
456 

HR 4909 PCS

1 (1) by redesignating subsection (f) as sub2 section (g); and 

3 (2) by inserting after subsection (e) the fol4 lowing new subsection (f): 

5 ‘‘(f) SPECIAL PRIORITY FOR CERTAIN DISABLED

6 VETERANS.—(1) The Secretary of Defense shall provide 

7 transportation on scheduled and unscheduled military 

8 flights within the continental United States and on sched9 uled overseas flights operated by the Air Mobility Com10 mand on a space-available basis for any member or former 

11 member of the armed forces with a disability rated as total 

12 on the same basis as such transportation is provided to 

13 members of the armed forces entitled to retired or retainer 

14 pay. 

15 ‘‘(2) The transportation priority required by para16 graph (1) for veterans described in such paragraph applies 

17 whether or not the Secretary establishes the travel pro18 gram authorized by this section. 

19 ‘‘(3) In this subsection, the term ‘disability rated as 

20 total’ has the meanings given that term in section 

21 1414(e)(3) of this title.’’. 

22 (b) EFFECTIVE DATE.—Subsection (f) of section 

23 2641b of title 10, United States Code, as added by sub24 section (a), shall take effect at the end of the 90-day pe25 riod beginning on the date of the enactment of this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
457 

HR 4909 PCS

1 SEC. 1047. NATIONAL GUARD FLYOVERS OF PUBLIC 

2 EVENTS. 

3 (a) STATEMENT OF POLICY.—It shall be the policy 

4 of the Department of Defense that flyovers of public 

5 events in support of community relations activities may 

6 only be flown as part of an approved training mission at 

7 no additional expense to the Federal Government. 

8 (b) NATIONAL GUARD FLYOVER APPROVAL PROC9 ESS.—The Adjutant General of a State in which an Army 

10 National Guard or Air National Guard unit is based will 

11 be the approval authority for all Air National Guard and 

12 Army National Guard flyovers in that State, including any 

13 request for a flyover in any civilian domain at a nonavia14 tion related event. 

15 (c) FLYOVER RECORD MAINTENANCE; REPORT.— 

16 (1) RECORD MAINTENANCE.—The Secretary of 

17 Defense shall keep and maintain records of flyover 

18 requests, approvals, and the total costs of all flyover 

19 missions, including the costs of fuel, maintenance, 

20 and manpower, in a publicly accessible database that 

21 is updated annually. 

22 (2) GAO REPORT.—Not later than one year 

23 after the date of the enactment of this Act, the 

24 Comptroller General of the United States shall sub25 mit to the Committee on Armed Services of the 

26 House of Representatives and the Committee on 


emcdonald on DSK3SPTVN1PROD with BILLS
458 

HR 4909 PCS

1 Armed Services of the Senate a report on flyovers 

2 and the process whereby flyover requests are made 

3 and evaluated, including— 

4 (A) whether there is any cost to taxpayers 

5 associated with flyovers; 

6 (B) whether there is any appreciable public 

7 relations or recruitment value that comes from 

8 flyovers; and 

9 (C) the impact flyovers have to aviator 

10 training and readiness. 

11 (d) FLYOVER DEFINED.—In this section, the term 

12 ‘‘flyover’’ means aviation support— 

13 (1) in which a straight and level flight limited 

14 to one pass by a single military aircraft, or by a sin15 gle formation of four or fewer military aircraft of 

16 the same type, from the same military department 

17 over a predetermined point on the ground at a spe18 cific time; 

19 (2) that does not involve aerobatics or dem20 onstrations; and 

21 (3) uses bank angles of up to 90 degrees if re22 quired to improve the spectator visibility of the air23 craft. 

24 (e) STATE DEFINED.—In this section, the term 

25 ‘‘State’’ includes the District of Columbia, the CommonVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
459 

HR 4909 PCS

1 wealth of Puerto Rico, Guam, the Commonwealth of the 

2 Northern Mariana Islands, and any territory or possession 

3 of the United States. 

4 SEC. 1048. APPLICATION OF THE FREEDOM OF INFORMA5 TION ACT TO THE NATIONAL SECURITY 

6 COUNCIL. 

7 (a) IN GENERAL.—Section 552(f)(1) of title 5, 

8 United States Code (commonly referred to as the Freedom 

9 of Information Act), is amended by inserting ‘‘and the Na10 tional Security Council’’ after ‘‘the Executive Office of the 

11 President’’. 

12 (b) EFFECTIVE DATE; APPLICATION.— 

13 (1) EFFECTIVE DATE.—The amendment made 

14 by subsection (a) shall take effect on the date on 

15 which the first Assistant to the President for Na16 tional Security Affairs is appointed by the President, 

17 by and with the advice and consent of the Senate, 

18 pursuant to section 101(d)(1)(B) of the National Se19 curity Act of 1947 (50 U.S.C. 3021(d)(1)(B)), as 

20 added by title IX of this Act. 

21 (2) APPLICATION.—The amendment made by 

22 subsection (a) shall apply with respect to any record 

23 created by the National Security Council on or after 

24 the date specified in paragraph (1). 


emcdonald on DSK3SPTVN1PROD with BILLS
460 

HR 4909 PCS

1 SEC. 1049. REQUIREMENT RELATING TO TRANSFER OF EX2 CESS DEPARTMENT OF DEFENSE EQUIPMENT 

3 TO FEDERAL AND STATE AGENCIES. 

4 Section 2576a of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(g) PREFERENCE FOR BORDER SECURITY PUR8 POSES.—(1) In transferring the personal property de9 scribed in paragraph (2) under this section, the Secretary 

10 of Defense may give first preference to the Department 

11 of Homeland Security and then to Federal and State 

12 agencies that agree to use the property primarily for the 

13 purpose of strengthening border security along the south14 ern border of the United States. 

15 ‘‘(2) The personal property described in this section 

16 is— 

17 ‘‘(A) unmanned aerial vehicles; 

18 ‘‘(B) the Aerostat radar system; 

19 ‘‘(C) night-vision goggles; and 

20 ‘‘(D) high mobility multi-purpose wheel vehicles 

21 (commonly known as ‘humvees’).’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
461 

HR 4909 PCS

1 Subtitle F—Studies and Reports 

2 SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DE3 PARTMENT OF DEFENSE REPORTING RE4 QUIREMENTS. 

5 (a) EXCEPTIONS TO REPORTS TERMINATION PROVI6 SION.—Section 1080 of the National Defense Authoriza7 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

8 Stat. 1000; 10 U.S.C. 111 note) does not apply to any 

9 report required to be submitted to Congress by the De10 partment of Defense, or by any officer, official, compo11 nent, or element of the Department, pursuant to a provi12 sion of law specified in this section, notwithstanding the 

13 enactment of the reporting requirement by an annual na14 tional defense authorization Act or the inclusion of the re15 port in the list of reports prepared by the Secretary of 

16 Defense pursuant to subsection (c) of such section 1080. 

17 (b) FINAL TERMINATION DATE FOR SUBMITTAL OF

18 EXEMPTED REPORTS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), each report required pursuant to a provi21 sion of law specified in this section that is still re22 quired to be submitted to Congress as of January 

23 31, 2021, shall no longer be required to be sub24 mitted to Congress after that date. 


emcdonald on DSK3SPTVN1PROD with BILLS
462 

HR 4909 PCS

1 (2) REPORTS EXEMPTED FROM TERMI2 NATION.—The termination dates specified in para3 graph (1) and section 1080 of the National Defense 

4 Authorization Act for Fiscal Year 2016 do not apply 

5 to the following: 

6 (A) The submission of the reports on the 

7 National Military Strategy and Risk Assess8 ment under section 153(b)(3) of title 10, 

9 United States Code. 

10 (B) The submission of the future-years de11 fense program (including associated annexes) 

12 under section 221 of title 10, United States 

13 Code. 

14 (C) The submission of the future-years 

15 mission budget for the military programs of the 

16 Department of Defense under section 221 of 

17 such title. 

18 (D) The submission of audits of con19 tracting compliance by the Inspector General of 

20 the Department of Defense under section 

21 1601(b) of the National Defense Authorization 

22 Act for Fiscal Year 2014 (Public Law 113–66; 

23 10 U.S.C. 2533a note). 

24 (c) REPORTS REQUIRED BY TITLE 10, UNITED

25 STATES CODE.—Subject to subsection (b), subsection (a) 


emcdonald on DSK3SPTVN1PROD with BILLS
463 

HR 4909 PCS

1 applies to reporting requirements contained in the fol2 lowing sections of title 10, United States Code: 

3 (1) Section 127b(f), relating to a report on the 

4 administration of Department of Defense rewards 

5 program against international terrorism. 

6 (2) Section 127d(d), relating to a report on 

7 provision of logistic support, supplies, and services 

8 to allied forces participating in combined operations. 

9 (3) Section 139(h), relating to a report on oper10 ational test and evaluation activities of the Depart11 ment of Defense, including the report component re12 quired by section 2399(g) on operational test and 

13 evaluation of defense acquisition programs. 

14 (4) Section 139b(d), relating to a report on ac15 tivities of the Deputy Assistant Secretary of Defense 

16 for Developmental Test and Evaluation. 

17 (5) Sections 153(c), relating to a report on the 

18 requirements of the combatant commands. 

19 (6) Section 179(f), relating to reports and as20 sessments regarding nuclear stockpile and stockpile 

21 stewardship program. 

22 (7) Section 196(d), relating to a report on the 

23 strategic plan reflecting the needs of the Depart24 ment of Defense with respect to test and evaluation 

25 facilities and resources. 


emcdonald on DSK3SPTVN1PROD with BILLS
464 

HR 4909 PCS

1 (8) Section 229, relating to submission of budg2 et information regarding Department of Defense 

3 programs for combating terrorism. 

4 (9) Section 231, relating to submission of naval 

5 vessel construction plan and related certification. 

6 (10) Section 238, relating to submission of a 

7 budget justification display regarding cyber mission 

8 forces. 

9 (11) Section 401(d), relating to a report on the 

10 provision of humanitarian and civic assistance in 

11 conjunction with military operations. 

12 (12) Section 494(b), relating to a report on the 

13 nuclear weapons stockpile of the United States. 

14 (13) Section 526(j), relating to a report on gen15 eral officer and flag officer numbers. 

16 (14) Section 981(c), relating to a report on en17 listed aide numbers. 

18 (15) Section 1557(e), relating to a report on 

19 any failure to achieve timeliness standard for dis20 position of applications before Corrections Boards. 

21 (16) Section 2011(e), relating to a report on 

22 training of special operations forces with friendly 

23 foreign forces. 


emcdonald on DSK3SPTVN1PROD with BILLS
465 

HR 4909 PCS

1 (17) Section 2166(i), relating to a report on the 

2 activities of the Western Hemisphere Institute for 

3 Security Cooperation. 

4 (18) Section 2218(h), relating to submission of 

5 budget requests for the National Defense Sealift 

6 Fund. 

7 (19) Section 2228(e), relating to a report on 

8 the long-term strategy and related matters regarding 

9 reducing corrosion and its effects on military equip10 ment and infrastructure. 

11 (20) Section 2229a, relating to a report on the 

12 status of materiel in the prepositioned stocks. 

13 (21) Section 2249c(c), relating to a report on 

14 the administration of the Regional Defense Com15 bating Terrorism Fellowship Program. 

16 (22) Section 2275, relating to reports on major 

17 satellite acquisition programs, including report up18 dates under subsection (f) of such section. 

19 (23) Section 2276(e), relating to a report on 

20 the funds, services, and equipment accepted and 

21 used in connection with commercial space launch co22 operation. 

23 (24) Section 2445b, relating to submission of 

24 budget justification documents regarding major 


emcdonald on DSK3SPTVN1PROD with BILLS
466 

HR 4909 PCS

1 automated information system programs and other 

2 major information technology investment programs. 

3 (25) Section 2464(d), relating to a report on 

4 core depot-level maintenance and repair capabilities. 

5 (26) Section 2466(d), relating to a report on 

6 expenditures for performance of depot-level mainte7 nance and repair workloads. 

8 (27) Section 2561(c), relating to a report on 

9 the use of humanitarian assistance for providing 

10 transportation of humanitarian relief and for other 

11 humanitarian purposes. 

12 (28) Section 2684a(g), relating to a report on 

13 projects undertaken under agreements to limit en14 croachments and other constraints on military train15 ing, testing, and operations. 

16 (29) Section 2687a, relating to reports on the 

17 status of overseas closures and realignments and 

18 master plans, expenditures from the Department of 

19 Defense Overseas Facility Investment Recovery Ac20 count, and agreement of settlement with host coun21 tries regarding the release of facility improvements 

22 made by the United States. 

23 (30) Section 2711, relating to a report on de24 fense environmental programs. 


emcdonald on DSK3SPTVN1PROD with BILLS
467 

HR 4909 PCS

1 (31) Sections 2831(e) and 2884(b)(4), relating 

2 to reports on quarters for general or flag officers. 

3 (32) Sections 2884(b) and (c), relating to re4 ports on the Department of Defense Housing Funds, 

5 provision of a basic allowance for housing to mem6 bers of the Armed Forces living in military 

7 privatized housing, plans for housing privatization 

8 activities, and the status of oversight and account9 ability measures for military housing privatization 

10 projects. 

11 (33) Section 2912(d), relating to a statement of 

12 the energy cost savings available for obligation. 

13 (34) Section 2925, relating to reports on De14 partment of Defense energy management and oper15 ational energy. 

16 (35) Section 4721(e), relating to submission of 

17 a budget request and related materials regarding 

18 Army National Military Cemeteries. 

19 (36) Section 7310(c), relating to a report on re20 pairs and maintenance performed on certain naval 

21 vessels in a foreign shipyard. 

22 (37) Section 10541, relating to a report on 

23 equipment of the National Guard and other reserve 

24 components. 


emcdonald on DSK3SPTVN1PROD with BILLS
468 

HR 4909 PCS

1 (38) Section 10543, relating to a component of 

2 the future-years defense program regarding National 

3 Guard and other reserve components equipment pro4 curement and military construction funding and as5 sociated annexes and report. 

6 (d) REPORTS REQUIRED BY NATIONAL DEFENSE

7 AUTHORIZATION ACT FOR FISCAL YEAR 2015.—Subject 

8 to subsection (b), subsection (a) applies to reporting re9 quirements contained in the following sections of the Carl 

10 Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

11 Authorization Act for Fiscal Year 2015 (Public Law 113– 

12 291): 

13 (1) Section 232(e) (10 U.S.C. 2358 note), re14 lating to a report on the pilot program on assign15 ment to the Defense Advanced Research Projects 

16 Agency of certain private sector personnel. 

17 (2) Section 546(d) (10 U.S.C. 1561 note), re18 lating to a report on activities of the Defense Advi19 sory Committee on Investigation, Prosecution, and 

20 Defense of Sexual Assault in the Armed Forces. 

21 (3) Section 1003 (10 U.S.C. 221 note), relating 

22 to reporting of balances carried forward by the De23 partment of Defense at the end of each fiscal year. 


emcdonald on DSK3SPTVN1PROD with BILLS
469 

HR 4909 PCS

1 (4) Section 1026(d) (128 Stat. 3490), relating 

2 to a report on the status of the modernization of Ti3 conderoga-class cruisers and dock landing ships. 

4 (5) Section 1055 (128 Stat. 3498), relating to 

5 a report on the Air Force response to the rec6 ommendations of the National Commission on the 

7 Structure of the Air Force. 

8 (6) Section 1204(b) (10 U.S.C. 2249e note), re9 lating to a report on administration of section 2249e 

10 of title 10, United States Code. 

11 (7) Section 1205(e) (128 Stat. 3537), relating 

12 to a report on the assessment of programs carried 

13 out under section 2282(f) of title 10, United States 

14 Code. 

15 (8) Section 1206(e) (10 U.S.C. 2282 note), re16 lating to a report on the training of security forces 

17 and associated security ministries of foreign coun18 tries to promote respect for the rule of law and 

19 human rights. 

20 (9) Section 1207(d) (10 U.S.C. 2342 note), re21 lating to a report on loan of personnel protection 

22 and personnel survivability equipment to military 

23 forces of foreign nations. 

24 (10) Section 1211 (128 Stat. 3544), relating to 

25 a report on programs carried out by the Department 


emcdonald on DSK3SPTVN1PROD with BILLS
470 

HR 4909 PCS

1 of Defense to provide training, equipment, or other 

2 assistance or reimbursement to foreign security 

3 forces. 

4 (11) Section 1225 (128 Stat. 3550), relating to 

5 a report on enhancing security and stability in Af6 ghanistan. 

7 (12) Section 1245 (128 Stat. 3566), relating to 

8 a report on military and security developments in9 volving the Russian Federation. 

10 (13) Section 2821(a)(3) (10 U.S.C. 2687 note), 

11 relating to notice of any adjustment to the funding 

12 limitation on implementation of the Record of Deci13 sion for the relocation of Marine Corps forces to 

14 Guam. 

15 (e) REPORTS REQUIRED BY NATIONAL DEFENSE

16 AUTHORIZATION ACT FOR FISCAL YEAR 2014.—Subject 

17 to subsection (b), subsection (a) applies to reporting re18 quirements contained in the following sections of the Na19 tional Defense Authorization Act for Fiscal Year 2014 

20 (Public Law 113–66): 

21 (1) Section 704(e) (10 U.S.C. 1074 note), re22 lating to a report on the pilot program on investiga23 tional treatment of members of the Armed Forces 

24 for traumatic brain injury and post-traumatic stress 

25 disorder. 


emcdonald on DSK3SPTVN1PROD with BILLS
471 

HR 4909 PCS

1 (2) Sections 713(f), (g), and (h) (10 U.S.C. 

2 1071 note), relating to providing a financial sum3 mary of efforts to develop interoperable electronic 

4 health records, updates on the progress of data shar5 ing, and information on executive committee activi6 ties. 

7 (f) REPORTS REQUIRED BY NATIONAL DEFENSE AU8 THORIZATION ACT FOR FISCAL YEAR 2013.—Subject to 

9 subsection (b), subsection (a) applies to reporting require10 ments contained in the following sections of the National 

11 Defense Authorization Act for Fiscal Year 2013 (Public 

12 Law 112–239): 

13 (1) Section 1009 (126 Stat. 1906), relating to 

14 a report on the use of funds in the Drug Interdic15 tion and Counter-Drug Activities, Defense-wide ac16 count. 

17 (2) Section 1023 (126 Stat. 1911), relating to 

18 a report on recidivism of individuals who have been 

19 detained at United States Naval Station, Guanta20 namo Bay, Cuba. 

21 (g) REPORTS REQUIRED BY NATIONAL DEFENSE

22 AUTHORIZATION ACT FOR FISCAL YEAR 2011.—Subject 

23 to subsection (b), subsection (a) applies to reporting re24 quirements contained in the following sections of the Ike 


emcdonald on DSK3SPTVN1PROD with BILLS
472 

HR 4909 PCS

1 Skelton National Defense Authorization Act for Fiscal 

2 Year 2011 (Public Law 111–383): 

3 (1) Section 123 (10 U.S.C. 167 note), relating 

4 to a report on use of combat mission requirements 

5 funds. 

6 (2) Section 1631(d) (10 U.S.C. 1561 note), re7 lating to a report on sexual assaults involving mem8 bers of the Armed Forces and improvement to sex9 ual assault prevention and response program. 

10 (h) REPORTS REQUIRED BY NATIONAL DEFENSE

11 AUTHORIZATION ACT FOR FISCAL YEAR 2010.—Subject 

12 to subsection (b), subsection (a) applies to reporting re13 quirements contained in the following sections of the Na14 tional Defense Authorization Act for Fiscal Year 2010 

15 (Public Law 111–84): 

16 (1) Section 711(d) (10 U.S.C. 1071 note), re17 lating to a report on the comprehensive policy on 

18 pain management by the Military Health Care Sys19 tem. 

20 (2) Section 1003(b) (10 U.S.C. 2222 note), re21 lating to a report on implementation by the Depart22 ment of Defense of the Financial Improvement and 

23 Audit Readiness Plan. 

24 (3) Section 1245 (123 Stat. 2542), relating to 

25 a report on military power of Iran. 


emcdonald on DSK3SPTVN1PROD with BILLS
473 

HR 4909 PCS

1 (i) REPORTS REQUIRED BY OTHER LAWS.—Subject 

2 to subsection (b), subsection (a) applies to reporting re3 quirements contained in the following provisions of law: 

4 (1) Section 717(c) of the National Defense Au5 thorization Act for Fiscal Year 1996 (Public Law 

6 104–106; 10 U.S.C. 1073 note), relating to a report 

7 on TRICARE Program effectiveness. 

8 (2) Section 1202 of the National Defense Au9 thorization Act for Fiscal Year 2000 (Public Law 

10 106–65; 10 U.S.C. 113 note), relating to a report on 

11 military and security developments involving the 

12 People’s Republic of China. 

13 (3) Section 1208(f) of the Ronald W. Reagan 

14 National Defense Authorization Act for Fiscal Year 

15 2005 (Public Law 108–375; 118 Stat. 2086), relat16 ing to a report on the provision of support for spe17 cial operations to combat terrorism. 

18 (4) Section 1405(d) of the National Defense 

19 Authorization Act for Fiscal Year 2006 (Public Law 

20 109–163; 10 U.S.C. 801 note), relating to a report 

21 on any modification made to the procedures for sta22 tus review of detainees outside the United States. 

23 (5) Section 1017(e) of the John Warner Na24 tional Defense Authorization Act for Fiscal Year 

25 2007 (Public Law 109–364; 10 U.S.C. 2631 note), 


emcdonald on DSK3SPTVN1PROD with BILLS
474 

HR 4909 PCS

1 relating to a report regarding overhaul, repair, and 

2 maintenance performed on certain vessels in the 

3 United States. 

4 (6) Section 1034(d) of the National Defense 

5 Authorization Act for Fiscal Year 2008 (Public Law 

6 110–181; 122 Stat. 309), relating to a report on the 

7 provision of support for non-Federal development 

8 and testing of material for chemical agent defense. 

9 (7) Section 1236 of the National Defense Au10 thorization Act for Fiscal Year 2012 (Public Law 

11 112–81; 125 Stat. 1641), relating to a report on 

12 military and security developments involving the 

13 Democratic People’s Republic of Korea. 

14 (8) Section 103A(b)(3) of the Sikes Act (16 

15 U.S.C. 670c–1(b)(3)), relating to a report on the 

16 disposition of certain appropriated funds provided 

17 under cooperative and interagency agreements for 

18 land management on installations. 

19 (9) Section 1511(h) of the Armed Forces Re20 tirement Home Act of 1991 (24 U.S.C. 411(h)), re21 lating to a report on the financial and other affairs 

22 of the Armed Forces Retirement Home. 

23 (10) Section 901(f) of the Office of National 

24 Drug Control Policy Reauthorization Act of 2006 

25 (Public Law 109–469; 32 U.S.C. 112 note), as 


emcdonald on DSK3SPTVN1PROD with BILLS
475 

HR 4909 PCS

1 added by section 1008 of the National Defense Au2 thorization Act for Fiscal Year 2013 (Public Law 

3 112–239), relating to a report on the activities of 

4 the National Guard counterdrug schools. 

5 (11) Section 14 of the Strategic and Critical 

6 Materials Stock Piling Act (50 U.S.C. 98h–5), relat7 ing to a report on the requirements of the National 

8 Defense Stockpile. 

9 (12) Sections 1412(i) and (j) of the National 

10 Defense Authorization Act, 1986 (50 U.S.C. 1521), 

11 as amended by section 1421 of the Ike Skelton Na12 tional Defense Authorization Act for Fiscal Year 

13 2011 (Public Law 111–383), relating to reports on 

14 destruction of existing stockpile of lethal chemical 

15 agents and munitions, including implementation by 

16 the United States of its chemical weapons destruc17 tion obligations under the Chemical Weapons Con18 vention. 

19 (13) Section 1703 of the National Defense Au20 thorization Act for Fiscal Year 1994 (50 U.S.C. 

21 1523), relating to a report on chemical and biologi22 cal warfare defense. 

23 (14) Section 234 of the National Defense Au24 thorization Act for Fiscal Year 1998 (50 U.S.C. 

25 2367), relating to a report on acquisition of techVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
476 

HR 4909 PCS

1 nology relating to weapons of mass destruction and 

2 their threat. 

3 (15) Section 105A(b) of the Uniformed and 

4 Overseas Citizens Absentee Voting Act (52 U.S.C. 

5 20308(b)), as added by section 586 of the National 

6 Defense Authorization Act for Fiscal Year 2010 

7 (Public Law 111–84), relating to a report on effec8 tiveness of activities and utilization of certain proce9 dures under Federal Voting Assistance Program. 

10 (j) CONFORMING AMENDMENT.—Section 1080(a) of 

11 the National Defense Authorization Act for Fiscal Year 

12 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 

13 note) is amended— 

14 (1) by striking ‘‘on the date that is two years 

15 after the date of the enactment of this Act’’ and in16 serting ‘‘November 25, 2017’’; and 

17 (2) by striking ‘‘effective’’. 

18 SEC. 1062. MATTERS FOR INCLUSION IN REPORT ON DES19 IGNATION OF COUNTRIES FOR WHICH RE20 WARDS MAY BE PAID UNDER DEPARTMENT 

21 OF DEFENSE REWARDS PROGRAM. 

22 Section 127b(h) of title 10, United States Code, is 

23 amended— 

24 (1) in paragraph (2), by inserting ‘‘and jus25 tification’’ after ‘‘reason’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
477 

HR 4909 PCS

1 (2) by amending paragraph (3) to read as fol2 lows: 

3 ‘‘(3) An estimate of the amount or value of the 

4 rewards to be paid as monetary payment or pay5 ment-in-kind under this section.’’. 

6 SEC. 1063. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL 

7 SELECT AGENT AND TOXIN THEFT, LOSS, OR 

8 RELEASE INVOLVING THE DEPARTMENT OF 

9 DEFENSE. 

10 (a) NOTIFICATION REQUIREMENT.—Not later than 

11 15 days after notice of any theft, loss, or release of a bio12 logical select agent or toxin involving the Department of 

13 Defense is provided to the Centers for Disease Control and 

14 Prevention or the Animal and Plant Health Inspection 

15 Service, as specified by section 331.19 of part 7 of the 

16 Code of Federal Regulations, the Secretary of Defense 

17 shall provide to the congressional defense committees no18 tice of such theft, loss, or release. 

19 (b) ELEMENTS.—Notice of a theft, loss, or release 

20 of a biological select agent or toxin under subsection (a) 

21 shall include each of the following: 

22 (1) The name of the agent or toxin and any 

23 identifying information, including the strain or other 

24 relevant characterization information. 


emcdonald on DSK3SPTVN1PROD with BILLS
478 

HR 4909 PCS

1 (2) An estimate of the quantity of the agent or 

2 toxin stolen, lost, or released. 

3 (3) The location or facility from which the 

4 theft, loss, or release occurred. 

5 (4) In the case of a release, any hazards posed 

6 by the release and the number of individuals poten7 tially exposed to the agent or toxin. 

8 (5) Actions taken to respond to the theft, loss, 

9 or release. 

10 SEC. 1064. REPORT ON SERVICE-PROVIDED SUPPORT TO 

11 UNITED STATES SPECIAL OPERATIONS 

12 FORCES. 

13 (a) REPORT REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, the Secretary 

15 of Defense shall submit to the congressional defense com16 mittees a written report on common service support con17 tributed from each of the military services toward special 

18 operations forces. Such report shall include— 

19 (1) detailed information about the resources al20 located by each military service for combat support, 

21 combat service support, and base operating support 

22 for special operations forces; and 

23 (2) an assessment of the specific effects that fu24 ture manpower and force structure changes are like25 ly to have on the capability of each of the military 


emcdonald on DSK3SPTVN1PROD with BILLS
479 

HR 4909 PCS

1 services to provide common service support to special 

2 operations forces. 

3 (b) ANNUAL UPDATES.—For each of fiscal years 

4 2018 through 2020, the Secretary of Defense shall submit 

5 to the congressional defense committees an update to the 

6 report required under subsection (a). 

7 (c) FORM OF REPORT.—The report required under 

8 subsection (a) and each update provided under subsection 

9 (b) shall be submitted in unclassified form, but may con10 tain a classified annex. 

11 SEC. 1065. REPORT ON CITIZEN SECURITY RESPONSIBIL12 ITIES IN THE NORTHERN TRIANGLE OF CEN13 TRAL AMERICA. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Secretary of Defense 

16 and the Secretary of State shall jointly prepare and sub17 mit to the appropriate congressional committees a report 

18 on military units that have been assigned to policing or 

19 citizen security responsibilities in Guatemala, Honduras, 

20 and El Salvador. 

21 (b) MATTERS TO BE INCLUDED.—The report re22 quired by subsection (a) shall include each of the fol23 lowing: 

24 (1) The following information, as of the date of 

25 the enactment of this Act, with respect to military 


emcdonald on DSK3SPTVN1PROD with BILLS
480 

HR 4909 PCS

1 units assigned to policing or citizen security respon2 sibilities in each of Guatemala, Honduras, and El 

3 Salvador: 

4 (A) The proportion of individuals in each 

5 such country’s military who participate in polic6 ing or citizen security activities relative to the 

7 total number of individuals in that country’s 

8 military. 

9 (B) Of the military units assigned to polic10 ing or citizen security responsibilities, the types 

11 of units conducting police activities. 

12 (C) The role of the Department of Defense 

13 and the Department of State in training indi14 viduals for purposes of participation in such 

15 military units. 

16 (D) The number of individuals who partici17 pated in such military units who received train18 ing by the Department of Defense, and the 

19 types of training they received. 

20 (2) Any other information that the Secretary of 

21 Defense or the Secretary of State determines to be 

22 necessary to help better understand the relationships 

23 of the militaries of Guatemala, Honduras, and El 

24 Salvador to public security in such countries. 


emcdonald on DSK3SPTVN1PROD with BILLS
481 

HR 4909 PCS

1 (3) A description of the plan of the United 

2 States to assist the militaries of Guatemala, Hon3 duras, and El Salvador to carry out their respon4 sibilities in a manner that adheres to democratic 

5 principles. 

6 (c) FORM.—The report required by subsection (a) 

7 shall be submitted in unclassified form, but may contain 

8 a classified annex. 

9 (d) PUBLIC AVAILABILITY.—The unclassified matter 

10 of the report required by subsection (a) shall be posted 

11 on a publicly available Internet website of the Department 

12 of Defense and a publicly available Internet website of the 

13 Department of State. 

14 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

15 In this section, the term ‘‘appropriate congressional com16 mittees’’ means the Committee on Armed Services and the 

17 Committee on Foreign Affairs of the House of Representa18 tives and the Committee on Armed Services and the Com19 mittee on Foreign Relations of the Senate. 

20 SEC. 1066. REPORT ON COUNTERPROLIFERATION ACTIVI21 TIES AND PROGRAMS. 

22 (a) IN GENERAL.—The Secretary of Defense shall 

23 submit to the congressional defense committees a biennial 

24 report on the counterproliferation activities and programs 


emcdonald on DSK3SPTVN1PROD with BILLS
482 

HR 4909 PCS

1 of the Department of Defense. The Secretary shall submit 

2 the first such report by not later than May 1, 2017. 

3 (b) MATTERS INCLUDED.—Each report required 

4 under subsection (a) shall include each of the following: 

5 (1) A complete list and assessment of existing 

6 and proposed capabilities and technologies for sup7 port of United States nonproliferation policy and 

8 counterproliferation policy, with regard to— 

9 (A) interdiction; 

10 (B) elimination; 

11 (C) threat reduction cooperation; 

12 (D) passive defenses; 

13 (E) security cooperation and partner ac14 tivities; 

15 (F) offensive operations; 

16 (G) active defenses; and 

17 (H) weapons of mass destruction con18 sequence management. 

19 (2) For the existing and proposed capabilities 

20 and technologies identified under paragraph (1), an 

21 identification of goals, a description of ongoing ef22 forts, and recommendations for further enhance23 ments. 

24 (3) A complete description of requirements and 

25 priorities for the development and deployment of 


emcdonald on DSK3SPTVN1PROD with BILLS
483 

HR 4909 PCS

1 highly effective capabilities and technologies, includ2 ing identifying areas for capability enhancement and 

3 deficiencies in existing capabilities and technologies. 

4 (4) A comprehensive discussion of the near5 term, mid-term, and long-term programmatic op6 tions for meeting requirements and eliminating defi7 ciencies, including the annual funding requirements 

8 and completion dates established for each such op9 tion. 

10 (5) An outline of interagency activities and ini11 tiatives. 

12 (6) Any other matters the Secretary considers 

13 appropriate. 

14 (c) FORMS OF REPORT.—Each report under sub15 section (a) shall be submitted in unclassified form, but 

16 may contain a classified annex. 

17 (d) TERMINATION OF REQUIREMENT.—No report 

18 shall be required to be submitted under this section after 

19 January 31, 2021. 

20 SEC. 1067. INCLUSION OF BALLISTIC MISSILE DEFENSE IN21 FORMATION IN ANNUAL REPORT ON RE22 QUIREMENTS OF COMBATANT COMMANDS. 

23 (a) IN GENERAL.—Paragraph (2)(A) of section 

24 153(c) of title 10, United States Code, is amended by in25 serting before the period the following: ‘‘, including the 


emcdonald on DSK3SPTVN1PROD with BILLS
484 

HR 4909 PCS

1 integrated priorities list requirements for ballistic missile 

2 defense by the geographic combatant commands and the 

3 prioritized capabilities list for ballistic missile defense de4 veloped by the Commander of the United States Strategic 

5 Command’’. 

6 (b) REPORT DURATION.—Paragraph (1) of such sec7 tion is amended by striking ‘‘At or about’’ and inserting 

8 ‘‘During the period preceding January 31, 2021, at or 

9 about’’. 

10 SEC. 1068. REVIEWS BY DEPARTMENT OF DEFENSE CON11 CERNING NATIONAL SECURITY USE OF SPEC12 TRUM. 

13 (a) REVIEW AND REPORT TO THE CONGRESSIONAL

14 DEFENSE COMMITTEES.—Not later than one year after 

15 the date of the enactment of this Act, and every two years 

16 thereafter until January 31, 2021, the Secretary of De17 fense and the Chairman of the Joint Chiefs of Staff shall 

18 submit to the congressional defense committees a report 

19 containing the results of a comprehensive review con20 ducted by the Secretary and the Chairman of all uses by 

21 the Department of Defense of spectrum. Such review shall 

22 include the use of spectrum in military plans, training, 

23 test, and in military capabilities that are in development 

24 or have been fielded for any known or potential impacts 

25 of sharing or repurposing of spectrum used or allocated 


emcdonald on DSK3SPTVN1PROD with BILLS
485 

HR 4909 PCS

1 to be used by the Department of Defense that may be 

2 reallocated or shared pursuant to a spectrum auction, 

3 sharing arrangement, or other arrangement, or that is 

4 otherwise identified as part of the 10-year plan developed 

5 by the National Telecommunications and Information Ad6 ministration, and whether there are known or possible 

7 mitigations in the event of reallocation or sharing that 

8 they recommend, including exclusion zones, equipment 

9 modifications, development or procurement of new tech10 nology, or any other mitigation they believe will protect 

11 Department of Defense use of such spectrum, including 

12 projected or estimated potential costs of the same, and 

13 whether such costs will be borne out of Defense of Defense 

14 total obligation authority. 

15 (b) CERTIFICATION.—At the time of the submission 

16 of the report required under subsection (a), the Secretary 

17 and the Chairman shall both certify that they understand 

18 any potential impacts to Department of Defense use of 

19 spectrum that could result from a spectrum auction, re20 allocation, or sharing arrangement as of that date, and 

21 submit such certification to the congressional defense com22 mittees. 

23 (c) REPORT OF NON-CONCURRENCE OR VETO.—The 

24 Secretary of Defense shall notify the congressional defense 

25 committees as to whether the Secretary has not concurred 


emcdonald on DSK3SPTVN1PROD with BILLS
486 

HR 4909 PCS

1 with or otherwise objected to the most recent version of 

2 the 10-year plan developed by the National Telecommuni3 cations and Information Administration not later than 30 

4 days after the date of such non-concurrence or other objec5 tion. 

6 (d) FUNDING WITHHELD.—The Secretary of Defense 

7 and the Chairman of the Joint Chiefs of Staff may not 

8 obligate more than 95 percent of the funding authorized 

9 to be appropriated to the Department of Defense for fiscal 

10 year 2017 for operation and maintenance for headquarters 

11 operations before the date that is 30 days after the date 

12 on which the report required by subsection (a) and the 

13 certification required under subsection (b) are submitted 

14 to the congressional defense committees. 

15 SEC. 1069. ANNUAL REPORT ON PERSONNEL, TRAINING, 

16 AND EQUIPMENT REQUIREMENTS FOR THE 

17 NON-FEDERALIZED NATIONAL GUARD TO 

18 SUPPORT CIVILIAN AUTHORITIES IN PRE19 VENTION AND RESPONSE TO DOMESTIC DIS20 ASTERS. 

21 (a) ANNUAL REPORT REQUIRED.—Section 10504 of 

22 title 10, United States Code, is amended— 

23 (1) in subsection (a), by striking ‘‘REPORT.—’’ 

24 and inserting ‘‘REPORT ON STATE OF THE NA25 TIONAL GUARD.—(1)’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
487 

HR 4909 PCS

1 (2) by striking ‘‘(b) SUBMISSION OF REPORT

2 TO CONGRESS.—’’ and inserting ‘‘(2)’’; 

3 (3) by striking ‘‘annual report of the Chief of 

4 the National Guard Bureau’’ and inserting ‘‘annual 

5 report required by paragraph (1)’’; and 

6 (4) by adding at the end the following new sub7 section (b): 

8 ‘‘(b) ANNUAL REPORT ON NON-FEDERALIZED SERV9 ICE NATIONAL GUARD PERSONNEL, TRAINING, AND

10 EQUIPMENT REQUIREMENTS.—(1) Not later than Janu11 ary 31 of each of calendar years 2017 through 2021, the 

12 Chief of the National Guard Bureau shall submit to the 

13 congressional defense committees and the officials speci14 fied in paragraph (5) a report setting forth the personnel, 

15 training, and equipment required by the National Guard 

16 during the next fiscal year to carry out its mission, while 

17 not Federalized, to provide prevention, protection mitiga18 tion, response, and recovery activities in support of civilian 

19 authorities in connection with natural and man-made dis20 asters. 

21 ‘‘(2) To determine the annual personnel, training, 

22 and equipment requirements of the National Guard re23 ferred to in paragraph (1), the Chief of the National 

24 Guard Bureau shall take into account, at a minimum, the 

25 following: 


emcdonald on DSK3SPTVN1PROD with BILLS
488 

HR 4909 PCS

1 ‘‘(A) Core civilian capabilities gaps for the pre2 vention, protection, mitigation, response, and recov3 ery activities in connection with natural and man4 made disasters, as collected by the Department of 

5 Homeland Security from the States. 

6 ‘‘(B) Threat and hazard identifications and risk 

7 assessments of the Department of Defense, the De8 partment of Homeland Security, and the States. 

9 ‘‘(3) Personnel, training, and equipment require10 ments shall be collected from the States, validated by the 

11 Chief of the National Guard Bureau, and be categorized 

12 in the report required by paragraph (1) by each of the 

13 following: 

14 ‘‘(A) Emergency support functions of the Na15 tional Response Framework. 

16 ‘‘(B) Federal Emergency Management Agency 

17 regions. 

18 ‘‘(4) The annual report required by paragraph (1) 

19 shall be prepared in consultation with the chief executive 

20 of each State, other appropriate civilian authorities, and 

21 the Council of Governors. 

22 ‘‘(5) In addition to the congressional defense commit23 tees, the annual report required by paragraph (1) shall 

24 be submitted to the following officials: 

25 ‘‘(A) The Secretary of Defense. 


emcdonald on DSK3SPTVN1PROD with BILLS
489 

HR 4909 PCS

1 ‘‘(B) The Secretary of Homeland Security. 

2 ‘‘(C) The Council of Governors. 

3 ‘‘(D) The Secretary of the Army. 

4 ‘‘(E) The Secretary of the Air Force. 

5 ‘‘(F) The Commander of the United States 

6 Northern Command. 

7 ‘‘(G) The Commander of the United States 

8 Cyber Command.’’. 

9 (b) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such 

11 section is amended to read as follows: 

12 ‘‘§ 10504. Chief of the National Guard Bureau: annual 

13 reports’’. 

14 (2) TABLE OF CONTENTS.—The table of sec15 tions at the beginning of chapter 1011 of title 10, 

16 United States Code, is amended by striking the item 

17 relating to section 10504 and inserting the following 

18 new section: 

‘‘10504. Chief of the National Guard Bureau: annual reports.’’. 

19 SEC. 1070. BRIEFING ON CRITERIA FOR DETERMINING LO20 CATIONS OF AIR FORCE INSTALLATION AND 

21 MISSION SUPPORT CENTER HEADQUARTERS. 

22 (a) BRIEFING.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary of the 

24 Air Force shall provide a briefing to the Committee on 

25 Armed Services of the House of Representatives on the 


emcdonald on DSK3SPTVN1PROD with BILLS
490 

HR 4909 PCS

1 Department of the Air Force’s process and reasoning for 

2 using proximity to primary medium commercial hub air3 ports as part of the mission criteria for the Air Force In4 stallation and Mission Support Center headquarters stra5 tegic basing process. 

6 (b) CONTENTS OF BRIEFING.—The briefing under 

7 subsection (a) will specifically address the rationale behind 

8 the distance categories used to allocate points under this 

9 mission criteria referred to in subsection (a), and shall 

10 provide references to any existing government guidance 

11 that supports use of these distance categories. In addition, 

12 the briefing shall include an analysis regarding the reasons 

13 why the Department did not consider commuting times 

14 as a more equitable way of determining proximity to com15 mercial hub airports that would account for the impact 

16 of different traffic conditions across the candidate loca17 tions. 

18 SEC. 1071. REPORT ON TESTING AND INTEGRATION OF 

19 MINEHUNTING SONAR SYSTEMS TO IMPROVE 

20 LITTORAL COMBAT SHIP MINEHUNTING CA21 PABILITIES. 

22 (a) REPORT TO CONGRESS.—Not later than April 1, 

23 2018, the Secretary of the Navy shall submit to the con24 gressional defense committees a report that contains the 

25 findings of an assessment of all operational minehunting 


emcdonald on DSK3SPTVN1PROD with BILLS
491 

HR 4909 PCS

1 Synthetic Aperture Sonar (hereinafter referred to as 

2 ‘‘SAS’’) technologies suitable to meet the requirements for 

3 use on the Littoral Combat Ship Mine Countermeasures 

4 Mission Package. 

5 (b) ELEMENTS.—The report required by subsection 

6 (a) shall include— 

7 (1) an explanation of the future acquisition 

8 strategy for the minehunting mission package; 

9 (2) specific details regarding the capabilities of 

10 all in-production SAS systems available for integra11 tion into the Littoral Combat Ship Mine Counter12 measure Mission Package; 

13 (3) an assessment of key performance param14 eters for the Littoral Combat Ship Mine Counter15 measures Mission Package with each of the assessed 

16 SAS technologies; and 

17 (4) a review of the Department of the Navy’s 

18 efforts to evaluate SAS technologies in operation 

19 with allied Navies for future use on the Littoral 

20 Combat Ship Mine Countermeasures Mission Pack21 age. 

22 (c) SYSTEM TESTING.—The Secretary of the Navy 

23 is encouraged to perform at-sea testing and experimen24 tation of sonar systems in order to provide data in support 

25 of the assessment required by subsection (a). 


emcdonald on DSK3SPTVN1PROD with BILLS
492 

HR 4909 PCS

1 SEC. 1072. REPORT ON CARRIER AIR WING FORCE STRUC2 TURE. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Secretary of Defense shall submit 

5 to Congress a report on the impact of changes to existing 

6 carrier air wing force structure and the impact a potential 

7 reduction to 9 carrier air wings would have on overall fleet 

8 readiness if aircraft and personnel were to be distributed 

9 throughout the remaining 9 air wings. 

10 SEC. 1073. QUARTERLY REPORTS ON PARACHUTE JUMPS 

11 CONDUCTED AT FORT BRAGG AND POPE 

12 ARMY AIRFIELD AND AIR FORCE SUPPORT 

13 FOR SUCH JUMPS. 

14 (a) REPORT REQUIRED.—Until January 31, 2020, 

15 the Secretary of the Air Force and the Secretary of the 

16 Army shall submit to the Committees on Armed Services 

17 of the House of Representatives and the Senate quarterly 

18 reports— 

19 (1) specifying the number of parachute jumps 

20 conducted at Fort Bragg and Pope Army Airfield, 

21 North Carolina, during the three-month period cov22 ered by the report; and 

23 (2) describing and evaluating the level of air 

24 support provided by the Air Force for those jumps. 

25 (b) JOINT AIRBORNE AIR TRANSPORTABILITY

26 TRAINING CONTRACTS.—As part of each report submitted 


emcdonald on DSK3SPTVN1PROD with BILLS
493 

HR 4909 PCS

1 under subsection (a), the Secretaries shall specifically pro2 vide the following: 

3 (1) The number of Joint Airborne Air Trans4 portability Training contracts requested during the 

5 three-month period covered by the report by all units 

6 located at Fort Bragg and Pope Army Airfield. 

7 (2) The number of Joint Airborne Air Trans8 portability Training contracts validated during the 

9 three-month period covered by the report for units 

10 located at Fort Bragg and Pope Army Airfield. 

11 (3) The number of Joint Airborne Air Trans12 portability Training contracts not validated during 

13 the three-month period covered by the report for 

14 units located at Fort Bragg and Pope Army Airfield. 

15 (4) In the case of each Joint Airborne Air 

16 Transportability Training contract identified pursu17 ant to paragraph (3), the reason the contract was 

18 not validated. 

19 SEC. 1074. BRIEFING ON REAL PROPERTY INVENTORY. 

20 (a) BRIEFING REQUIRED.—Not later than 180 days 

21 after the date of the enactment of this Act, the Secretary 

22 of Defense shall brief the Committee on Armed Services 

23 of the House of Representatives on the status of the In24 stallation Geospatial Information and Services of the De25 partment of Defense as it relates to the real property inVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
494 

HR 4909 PCS

1 ventory of the Department, and the extent to which the 

2 Department has made use of the cadastral geographic in3 formation systems-based real property inventory. 

4 (b) MATTERS COVERED.—The briefing required by 

5 subsection (a) shall, at a minimum, cover the following: 

6 (1) The status of current policies of the Depart7 ment governing real property inventories and the use 

8 of geospatial information systems, the status of real 

9 property inventory in relation to the financial im10 provement and audit readiness efforts of the Depart11 ment, and the status of implementation of Depart12 ment of Defense Instruction 8130.01, Installation 

13 Geospatial Information and Services (IGI&S). 

14 (2) The extent to which the Department is co15 ordinating with the Federal Geographic Data Com16 mittee, other Federal agencies, and State and local 

17 governments, and how existing Department stand18 ards and common protocols ensure that the inter19 operability of geospatial information complies with 

20 section 216 of the E-Government Act of 2002 (Pub21 lic Law 107–347; 44 U.S.C. 3501 note) and Execu22 tive Orders 12906 and 13327. 

23 (3) The existing real property inventories sys24 tems or any components of any cadastre currently 

25 authorized by law or conducted by the Department 


emcdonald on DSK3SPTVN1PROD with BILLS
495 

HR 4909 PCS

1 of Defense, the statutory authorization for such in2 ventories or components, and the amount expended 

3 by the Federal Government for each such activity in 

4 fiscal year 2015. 

5 (4) A discussion of the Department’s ability to 

6 make this information publicly available on the 

7 Internet in a graphically geo-enabled and searchable 

8 format, and how the Department plans to prevent 

9 the disclosure of any parcel or parcels of land, any 

10 buildings or facilities on any such parcel, or any in11 formation related to any such parcel, building, or fa12 cility, if such disclosure would impair or jeopardize 

13 the national security or homeland defense of the 

14 United States. 

15 (5) Any additional topics identified by the Sec16 retary. 

17 SEC. 1075. REPORT ON ADJUSTMENT AND DIVERSIFICA18 TION ASSISTANCE. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary of Defense shall provide 

21 to the Committee on Armed Services of the House of Rep22 resentatives a briefing on the adjustment and diversifica23 tion assistance authorized by subsections (b) and (c) of 

24 section 2391 of title 10, United States Code. Such briefing 

25 shall include each of the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
496 

HR 4909 PCS

1 (1) A description of the activities and programs 

2 currently being conducted under subsections (b)(1) 

3 and (c) of such section, including a list of the recipi4 ents of grants, and amount received by each recipi5 ent, of such activities and programs in each of the 

6 five most recent fiscal years. 

7 (2) For each of the five fiscal years preceding 

8 the fiscal year during which the briefing is con9 ducted, separate estimates of the funding the De10 partment of Defense has directed to activities under 

11 each of clauses (A) through (E) of paragraph (1) of 

12 subsection (b) and under subsection (c) of such sec13 tion and the recipients of such funding. 

14 SEC. 1076. BRIEFING ON THE PROTECTION OF PERSON15 ALLY IDENTIFYING INFORMATION OF MEM16 BERS OF THE ARMED FORCES. 

17 Not later than 90 days after the date of the enact18 ment of this Act, the Secretary of Defense shall provide 

19 to the congressional defense committees a briefing on the 

20 efforts of the Department of Defense to protect the per21 sonally identifiable information of members of the Armed 

22 Forces and their families, and of employees of the Depart23 ment of Defense, which shall include— 

24 (1) current and planned initiatives to protect 

25 the personally identifying information of members of 


emcdonald on DSK3SPTVN1PROD with BILLS
497 

HR 4909 PCS

1 the Armed Forces and their families, and employees 

2 of the Department of Defense; 

3 (2) the challenges encountered in carrying out 

4 the activities described in paragraph (1); and 

5 (3) any trends related to fraudulent activity 

6 that targets the personally identifying information of 

7 members of the Armed Forces or their families, or 

8 employees of the Department of Defense. 

9 Subtitle G—Other Matters 

10 SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS. 

11 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

12 United States Code, is amended as follows: 

13 (1) Section 130h is amended by striking ‘‘sub14 section (a) and (b)’’ both places it appears and in15 serting ‘‘subsections (a) and (b)’’. 

16 (2) Section 187(a)(2)(C) is amended by striking 

17 ‘‘Acquisition, Logistics, and Technology’’ and insert18 ing ‘‘Acquisition, Technology, and Logistics’’. 

19 (3) Section 196(c)(1)(A)(ii) is amended by 

20 striking ‘‘section 139(i)’’ and inserting ‘‘section 

21 139(j)’’. 

22 (4) Subsection (b)(1)(B) of section 1415, to be 

23 added by section 633(a)(1) of the National Defense 

24 Authorization Act for Fiscal Year 2016 (Public Law 


emcdonald on DSK3SPTVN1PROD with BILLS
498 

HR 4909 PCS

1 114–92; 129 Stat. 848), is amended by adding a pe2 riod at the end of clause (ii). 

3 (5) Section 1705(g)(1) is amended by striking 

4 ‘‘of of’’ and inserting ‘‘of’’. 

5 (6) Section 2222 is amended— 

6 (A) in subsection (d)(1)(B), by inserting 

7 ‘‘to’’ before ‘‘eliminate’’; 

8 (B) in subsection (g)(1)(E) by inserting 

9 ‘‘the system’’ before ‘‘is in compliance’’; and 

10 (C) in subsection (i)(5), by striking ‘‘PRO11 GRAM’’ in the heading. 

12 (b) AMENDMENTS RELATED TO ELIMINATION OF

13 TITLE 50 APPENDIX.— 

14 (1) MILITARY SELECTIVE SERVICE ACT CITA15 TION CHANGES.— 

16 (A) TITLE 10, UNITED STATES CODE.— 

17 Title 10, United States Code, is amended as 

18 follows: 

19 (i) Section 101(d)(6)(B)(v) is amend20 ed by striking ‘‘(50 U.S.C. App. 

21 460(b)(2))’’ and inserting ‘‘(50 U.S.C. 

22 3809(b)(2))’’. 

23 (ii) Section 513(c) is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
499 

HR 4909 PCS

1 (I) by striking ‘‘(50 U.S.C. App. 

2 451 et seq.)’’ and inserting ‘‘(50 

3 U.S.C. 3801 et seq.)’’; and 

4 (II) by inserting ‘‘(50 U.S.C. 

5 3806(c)(2)(A))’’ after ‘‘of that Act’’. 

6 (iii) Section 523(b)(7) is amended by 

7 striking ‘‘(50 U.S.C. App. 460(b)(2))’’ and 

8 inserting ‘‘(50 U.S.C. 3809(b)(2))’’. 

9 (iv) Section 651(a) is amended by 

10 striking ‘‘(50 U.S.C. App. 456(d)(1))’’ and 

11 inserting ‘‘(50 U.S.C. 3806(d)(1))’’. 

12 (v) Section 671(c)(1) is amended by 

13 striking ‘‘(50 U.S.C. App. 454(a))’’ and in14 serting ‘‘(50 U.S.C. 3803(a))’’. 

15 (vi) Section 1475(a)(5)(B) is amended 

16 by striking ‘‘(50 U.S.C. App. 451 et seq.)’’ 

17 and inserting ‘‘(50 U.S.C. 3801 et seq.)’’. 

18 (vii) Section 12103 is amended— 

19 (I) in subsections (b) and (d), by 

20 striking ‘‘(50 U.S.C. App. 451 et 

21 seq.)’’ both places it appears and in22 serting ‘‘(50 U.S.C. 3801 et seq.)’’; 

23 and 

24 (II) in subsection (d), by striking 

25 ‘‘section 6(c)(2)(A)(ii) and (iii) of 


emcdonald on DSK3SPTVN1PROD with BILLS
500 

HR 4909 PCS

1 such Act’’ and inserting ‘‘clauses (ii) 

2 and (iii) of section 6(c)(2)(A) of such 

3 Act (50 U.S.C. 3806(c)(2)(A))’’. 

4 (viii) Section 12104(a) is amended by 

5 striking ‘‘(50 U.S.C. App. 451 et seq.)’’ 

6 both places it appears and inserting ‘‘(50 

7 U.S.C. 3801 et seq.)’’. 

8 (ix) Section 12208(a) is amended by 

9 striking ‘‘(50 U.S.C. App. 451 et seq.)’’ 

10 both places it appears and inserting ‘‘(50 

11 U.S.C. 3801 et seq.)’’. 

12 (B) TITLE 37, UNITED STATES CODE.— 

13 Section 209(a)(1) of title 37, United States 

14 Code is amended by striking ‘‘(50 U.S.C. App. 

15 456(d)(1))’’ and inserting ‘‘(50 U.S.C. 

16 3806(d)(1))’’. 

17 (2) SERVICEMEMBERS CIVIL RELIEF ACT CITA18 TION CHANGES.—Title 10, United States Code, is 

19 amended as follows: 

20 (A) Section 987 is amended— 

21 (i) in subsection (e)(2), by inserting 

22 ‘‘(50 U.S.C. 3901 et seq.)’’ before the 

23 semicolon; and 


emcdonald on DSK3SPTVN1PROD with BILLS
501 

HR 4909 PCS

1 (ii) in subsection (g), by striking ‘‘(50 

2 U.S.C. App. 527)’’ and inserting ‘‘(50 

3 U.S.C. 3937)’’. 

4 (B) Section 1408(b)(1)(D) is amended by 

5 striking ‘‘(50 U.S.C. App. 501 et seq.)’’ and in6 serting ‘‘(50 U.S.C. 3901 et seq.)’’. 

7 (3) EXPORT ADMINISTRATION ACT OF 1979 CI8 TATION CHANGES.—Title 10, United States Code, is 

9 amended as follows: 

10 (A) Section 130(a) is amended by striking 

11 ‘‘(50 U.S.C. App. 2401–2420)’’ and inserting 

12 ‘‘(50 U.S.C. 4601 et seq.)’’. 

13 (B) Section 2249a(a)(1) is amended by 

14 striking ‘‘(50 U.S.C. App. 2405(j)(1)(A))’’ and 

15 inserting ‘‘(50 U.S.C. 4605(j)(1)(A))’’. 

16 (C) Section 2327 is amended— 

17 (i) in subsection (a), by striking ‘‘(50 

18 U.S.C. App. 2405(j)(1)(A))’’ and inserting 

19 ‘‘(50 U.S.C. 4605(j)(1)(A))’’; and 

20 (ii) in subsection (b)(2), by striking 

21 ‘‘(50 U.S.C. App. 2405(j)(1)(A))’’ and in22 serting ‘‘(50 U.S.C. 4605(j)(1)(A))’’. 

23 (D) Section 2410i(a) is amended by strik24 ing ‘‘(50 U.S.C. App. 2402(5)(A))’’ and insert25 ing ‘‘(50 U.S.C. 4602(5)(A))’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
502 

HR 4909 PCS

1 (E) Section 7430(e) is amended by strik2 ing ‘‘(50 U.S.C. App. 2401 et seq.)’’ and insert3 ing ‘‘(50 U.S.C. 4601 et seq.)’’. 

4 (4) DEFENSE PRODUCTION ACT OF 1950 CITA5 TION CHANGES.—Title 10, United States Code, is 

6 amended as follows: 

7 (A) Section 139c of title 10, United States 

8 Code, is amended— 

9 (i) in subsection (b)— 

10 (I) in paragraph (11), by striking 

11 ‘‘(50 U.S.C. App. 2171)’’ and insert12 ing ‘‘(50 U.S.C. 4567)’’; and 

13 (II) in paragraph (12)— 

14 (aa) by striking ‘‘(50 U.S.C. 

15 App. 2062(b))’’ and inserting 

16 ‘‘(50 U.S.C. 4502(b))’’; and 

17 (bb) by striking ‘‘(50 U.S.C. 

18 App. 2061 et seq.)’’ and inserting 

19 ‘‘(50 U.S.C. 4501 et seq.)’’; and 

20 (ii) in subsection (c), by striking ‘‘(50 

21 U.S.C. App. 2170(k))’’ and inserting ‘‘(50 

22 U.S.C. 4565(k))’’. 

23 (B) Section 2537(c) is amended by strik24 ing ‘‘(50 U.S.C. App. 2170(a))’’ and inserting 

25 ‘‘(50 U.S.C. 4565(a))’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
503 

HR 4909 PCS

1 (C) Section 9511(6) is amended by strik2 ing ‘‘(50 U.S.C. App. 2071)’’ and inserting 

3 ‘‘(50 U.S.C. 4511)’’. 

4 (D) Section 9513(e) is amended by strik5 ing ‘‘(50 U.S.C. App. 2071)’’ and inserting 

6 ‘‘(50 U.S.C. 4511)’’. 

7 (5) MERCHANT SHIP SALES ACT OF 1946 CITA8 TION CHANGES.—Section 2218 of title 10, United 

9 States Code, is amended— 

10 (A) in subsection (c)(1)(E), by striking 

11 ‘‘(50 U.S.C. App. 1744)’’ and inserting ‘‘(50 

12 U.S.C. 4405)’’; and 

13 (B) in subsection (k)(3)(B), by striking 

14 ‘‘(50 U.S.C. App. 1744)’’ and inserting ‘‘(50 

15 U.S.C. 4405)’’. 

16 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

17 FISCAL YEAR 2016.—Effective as of November 25, 2015, 

18 and as if included therein as enacted, the National De19 fense Authorization Act for Fiscal Year 2016 (Public Law 

20 114–92) is amended as follows: 

21 (1) Section 563(a) is amended by striking ‘‘Sec22 tion 5(c)(5)’’ and inserting ‘‘Section 5(c)(2)’’. 

23 (2) Section 883(a)(2) (129 Stat. 947) is 

24 amended by striking ‘‘such chapter’’ and inserting 

25 ‘‘chapter 131 of such title’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
504 

HR 4909 PCS

1 (3) Section 883 (129 Stat. 942) is amended by 

2 adding at the end the following new subsection: 

3 ‘‘(f) CONFORMING AMENDMENTS.— 

4 ‘‘(1) Effective on the effective date specified in 

5 subsection (a)(1) of section 901 of the Carl Levin 

6 and Howard P. ‘Buck’ McKeon National Defense 

7 Authorization Act for Fiscal Year 2015 (Public Law 

8 113–291; 128 Stat. 3462; 10 U.S.C. 132a note), 

9 section 2222 of title 10, United States Code, is 

10 amended— 

11 ‘‘(A) by striking ‘Deputy Chief Manage12 ment Officer of the Department of Defense’ 

13 each place it appears in subsections (c)(2), 

14 (e)(1), (g)(2)(A), (g)(2)(B)(ii), and (i)(5)(B) 

15 and inserting ‘Under Secretary of Defense for 

16 Business Management and Information’; and 

17 ‘‘(B) by striking ‘Deputy Chief Manage18 ment Officer’ in subsection (f)(1) and inserting 

19 ‘Under Secretary of Defense for Business Man20 agement and Information’. 

21 ‘‘(2) The second paragraph (3) of section 

22 901(k) of such Act (Public Law 113–291; 128 Stat. 

23 3468; 10 U.S.C. 2222 note) is repealed.’’. 

24 (4) Section 1079(a) is amended to read as fol25 lows: 


emcdonald on DSK3SPTVN1PROD with BILLS
505 

HR 4909 PCS

1 ‘‘(a) ANNUAL REPORT ON PRIZES FOR ADVANCED

2 TECHNOLOGY ACHIEVEMENTS.—Section 2374a of title 

3 10, United States Code, is amended— 

4 ‘‘(1) by striking subsection (f); and 

5 ‘‘(2) by redesignating subsection (g) as sub6 section (f).’’. 

7 (5) Section 1086(f)(11)(A) is amended by strik8 ing ‘‘Not later than\ one year’’ and inserting ‘‘Not 

9 later than one year’’. 

10 (d) COORDINATION WITH OTHER AMENDMENTS

11 MADE BY THIS ACT.—For purposes of applying amend12 ments made by provisions of this Act other than this sec13 tion, the amendments made by this section shall be treated 

14 as having been enacted immediately before any such 

15 amendments by other provisions of this Act. 

16 SEC. 1082. MODIFICATION TO SUPPORT FOR NON-FEDERAL 

17 DEVELOPMENT AND TESTING OF MATERIAL 

18 FOR CHEMICAL AGENT DEFENSE. 

19 Section 1034 of the National Defense Authorization 

20 Act for Fiscal Year 2008 (Public Law 110–181) is amend21 ed— 

22 (1) in subsection (d)— 

23 (A) by striking ‘‘report on the use of the 

24 authority under subsection (a)’’ and all that fol25 lows and inserting ‘‘report that includes—’’ 


emcdonald on DSK3SPTVN1PROD with BILLS
506 

HR 4909 PCS

1 ‘‘(A) a description of— 

2 ‘‘(i) each use of the authority under 

3 subsection (a); and 

4 ‘‘(ii) for each such use, the specific 

5 material made available and to whom it 

6 was made available; and 

7 ‘‘(B) a description of— 

8 ‘‘(i) any instance in which the Depart9 ment of Defense made available to a State, 

10 a unit of local government, or a private en11 tity any biological select agent or toxin for 

12 the development or testing of any bio13 defense technology; and 

14 ‘‘(ii) for each such instance, the spe15 cific material made available and to whom 

16 it was made available.’’; and 

17 (B) by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) The requirement to submit a report under 

20 paragraph (1) shall terminate on January 31, 

21 2021.’’; and 

22 (2) in subsection (e), by striking ‘‘this section’’ 

23 and all that follows and inserting ‘‘this section:’’ 

24 ‘‘(1) The terms ‘precursor’, ‘protective pur25 poses’, and ‘toxic chemical’ have the meanings given 


emcdonald on DSK3SPTVN1PROD with BILLS
507 

HR 4909 PCS

1 those terms in the convention referred to in sub2 section (c), in paragraph 2, paragraph 9(b), and 

3 paragraph 1, respectively, of article II of that con4 vention. 

5 ‘‘(2) The term ‘biological select agent or toxin’ 

6 means any agent or toxin identified under any of the 

7 following: 

8 ‘‘(A) Section 331.3 of title 7, Code of Fed9 eral Regulations. 

10 ‘‘(B) Section 121.3 or section 121.4 of title 

11 9, Code of Federal Regulations. 

12 ‘‘(C) Section 73.3 or section 73.4 of title 

13 42, Code of Federal Regulations.’’. 

14 SEC. 1083. INCREASE IN MAXIMUM AMOUNT AVAILABLE 

15 FOR EQUIPMENT, SERVICES, AND SUPPLIES 

16 PROVIDED FOR HUMANITARIAN DEMINING 

17 ASSISTANCE. 

18 Section 407(c)(3) of title 10, United States Code, is 

19 amended by striking ‘‘$10,000,000’’ and inserting 

20 ‘‘$15,000,000’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
508 

HR 4909 PCS

1 SEC. 1084. LIQUIDATION OF UNPAID CREDITS ACCRUED AS 

2 A RESULT OF TRANSACTIONS UNDER A 

3 CROSS-SERVICING AGREEMENT. 

4 (a) LIQUIDATION OF UNPAID CREDITS.—Section 

5 2345 of title 10, United States Code, is amended by add6 ing at the end the following new subsection: 

7 ‘‘(c)(1) Any credits of the United States accrued as 

8 a result of the provision of logistic support, supplies, and 

9 services under the authority of this subchapter that re10 main unliquidated more than 18 months after the date 

11 of delivery of the logistic support, supplies, or services 

12 may, at the option of the Secretary of Defense, with the 

13 concurrence of the Secretary of State, be liquidated by off14 setting the credits against any amount owed by the De15 partment of Defense, pursuant to a transaction or trans16 actions concluded under the authority of this subchapter, 

17 to the government or international organization to which 

18 the logistic support, supplies, or services were provided by 

19 the United States. 

20 ‘‘(2) The amount of any credits offset pursuant to 

21 paragraph (1) shall be credited as specified in section 

22 2346 of this title as if it were a receipt of the United 

23 States.’’. 

24 (b) EFFECTIVE DATE.—Subsection (c) of section 

25 2345 of title 10, United States Code, as added by subVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
509 

HR 4909 PCS

1 section (a), shall apply with respect to credits accrued by 

2 the United States that— 

3 (1) were accrued prior to, and remain unpaid as 

4 of, the date of the enactment of this Act; or 

5 (2) are accrued after the date of the enactment 

6 of this Act. 

7 SEC. 1085. CLARIFICATION OF CONTRACTS COVERED BY 

8 AIRLIFT SERVICE PROVISION. 

9 Section 9516 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(f) CONTRACT FOR AIRLIFT SERVICE DEFINED.— 

13 In this section, the term ‘contract for airlift service’ 

14 means— 

15 ‘‘(1) a contract with the Department of Defense 

16 for airlift service; 

17 ‘‘(2) any contract with the Department of De18 fense other than a contract described in paragraph 

19 (1), if transportation services are used in the per20 formance of the contract; or 

21 ‘‘(3) any subcontract (at any tier) under a con22 tract described in paragraph (1) or (2) if the sub23 contract is for airlift service or if transportation 

24 services are used in the performance of the sub25 contract.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
510 

HR 4909 PCS

1 SEC. 1086. NATIONAL BIODEFENSE STRATEGY. 

2 (a) STRATEGY AND IMPLEMENTATION PLAN RE3 QUIRED.—The Secretary of Defense, the Secretary of 

4 Health and Human Services, the Secretary of Homeland 

5 Security, and the Secretary of Agriculture shall jointly de6 velop a national biodefense strategy and associated imple7 mentation plan, which shall include a review and assess8 ment of biodefense policies, practices, programs and initia9 tives. Such Secretaries shall review and, as appropriate, 

10 revise the strategy biennially. 

11 (b) ELEMENTS.—The strategy and associated imple12 mentation plan required under subsection (a) shall include 

13 each of the following: 

14 (1) An inventory and assessment of all existing 

15 strategies, plans, policies, laws, and interagency 

16 agreements related to biodefense, including preven17 tion, deterrence, preparedness, detection, response, 

18 attribution, recovery, and mitigation. 

19 (2) A description of the biological threats, in20 cluding biological warfare, bioterrorism, naturally oc21 curring infectious diseases, and accidental exposures. 

22 (3) A description of the current programs, ef23 forts, or activities of the United States Government 

24 with respect to preventing the acquisition, prolifera25 tion, and use of a biological weapon, preventing an 


emcdonald on DSK3SPTVN1PROD with BILLS
511 

HR 4909 PCS

1 accidental or naturally occurring biological outbreak, 

2 and mitigating the effects of a biological epidemic. 

3 (4) A description of the roles and responsibil4 ities of the Executive Agencies, including internal 

5 and external coordination procedures, in identifying 

6 and sharing information related to, warning of, and 

7 protection against, acts of terrorism using biological 

8 agents and weapons and accidental or naturally oc9 curring biological outbreaks. 

10 (5) An articulation of related or required inter11 agency capabilities and whole-of-Government activi12 ties required to support the national biodefense 

13 strategy. 

14 (6) Recommendations for strengthening and im15 proving the current biodefense capabilities, authori16 ties, and command structures of the United States 

17 Government. 

18 (7) Recommendations for improving and for19 malizing interagency coordination and support mech20 anisms with respect to providing a robust national 

21 biodefense. 

22 (8) Any other matters the Secretary of Defense, 

23 the Secretary of Health and Human Services, the 

24 Secretary of Homeland Security, and the Secretary 

25 of Agriculture determine necessary. 


emcdonald on DSK3SPTVN1PROD with BILLS
512 

HR 4909 PCS

1 (c) SUBMITTAL TO CONGRESS.—Not later than 275 

2 days after the date of the enactment of this Act, the Sec3 retary of Defense, the Secretary of Health and Human 

4 Services, the Secretary of Homeland Security, and the 

5 Secretary of Agriculture shall submit to the appropriate 

6 congressional committees the strategy and associated im7 plementation plan required by subsection (a). The strategy 

8 and implementation plan shall be submitted in unclassified 

9 form, but may include a classified annex. 

10 (d) BRIEFINGS.—Not later than March 1, 2017, and 

11 annually thereafter until March 1, 2019, the Secretary of 

12 Defense, the Secretary of Health and Human Services, the 

13 Secretary of Homeland Security, and the Secretary of Ag14 riculture shall provide to the Committee on Armed Serv15 ices of the House of Representatives, the Committee on 

16 Energy and Commerce of the House of Representatives, 

17 the Committee on Homeland Security of the House of 

18 Representatives, and the Committee on Agriculture of the 

19 House of Representatives a joint briefing on the strategy 

20 developed under subsection (a) and the status of the im21 plementation of such strategy. 

22 (e) GAO REVIEW.—Not later than 180 days after the 

23 date of the submittal of the strategy and implementation 

24 plan under subsection (c), the Comptroller General of the 

25 United States shall conduct a review of the strategy and 


emcdonald on DSK3SPTVN1PROD with BILLS
513 

HR 4909 PCS

1 implementation plan to analyze gaps and resources 

2 mapped against the requirements of the National Bio3 defense Strategy and existing United States biodefense 

4 policy documents. 

5 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE6 FINED.—In this section, the term ‘‘appropriate congres7 sional committees’’ means the following: 

8 (1) The congressional defense committees. 

9 (2) The Committee on Energy and Commerce 

10 of the House of Representatives and the Committee 

11 on Health, Education, Labor, and Pensions of the 

12 Senate. 

13 (3) The Committee on Homeland Security of 

14 the House of Representatives and the Committee on 

15 Homeland Security and Governmental Affairs of the 

16 Senate. 

17 (4) The Committee on Agriculture of the House 

18 of Representatives and the Committee on Agri19 culture, Nutrition, and Forestry of the Senate. 

20 SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK. 

21 (a) PROGRAM AUTHORIZED.—The Secretary of the 

22 Army shall carry out a program to support the socio-cul23 tural understanding needs of the Department of the Army, 

24 to be known as the Global Cultural Knowledge Network. 


emcdonald on DSK3SPTVN1PROD with BILLS
514 

HR 4909 PCS

1 (b) GOALS.—The Global Cultural Knowledge Net2 work shall support the following goals: 

3 (1) Provide socio-cultural analysis support to 

4 any unit deployed, or preparing to deploy, to an ex5 ercise or operation in the assigned region of respon6 sibility of the unit being supported. 

7 (2) Make recommendations or support policy 

8 development to increase the social science expertise 

9 of military and civilian personnel of the Department 

10 of the Army. 

11 (3) Provide reimbursable support to other mili12 tary departments or Federal agencies if requested 

13 through an operational needs request process. 

14 (c) ELEMENTS OF THE PROGRAM.—The Global Cul15 tural Knowledge Network shall include the following ele16 ments: 

17 (1) A center in the continental United States 

18 (referred to in this section as a ‘‘reach-back center’’) 

19 to support requests for information and analysis. 

20 (2) Outreach to academic institutions and other 

21 Federal agencies involved in social science research 

22 to increase the network of resources for the reach23 back center. 


emcdonald on DSK3SPTVN1PROD with BILLS
515 

HR 4909 PCS

1 (3) Training with operational units during an2 nual training exercises or during pre-deployment 

3 training. 

4 (4) The training, contracting, and human re5 sources capacity to rapidly respond to contingencies 

6 in which social science expertise is requested by 

7 operational commanders through an operational 

8 needs request process. 

9 (d) DIRECTIVE REQUIRED.—The Secretary of the 

10 Army shall issue a directive within one year after the date 

11 of the enactment of this Act for the governance of the 

12 Global Cultural Knowledge Network, including oversight 

13 and process controls for auditing the activities of per14 sonnel of the Network, the employment of the Global Cul15 tural Knowledge Network by operation forces, and proc16 esses for requesting support by operational Army units 

17 and other Department of Defense and Federal entities. 

18 (e) PROHIBITION ON DEPLOYMENTS UNDER GLOBAL

19 CULTURAL KNOWLEDGE NETWORK.— 

20 (1) PROHIBITION.—The Secretary of the Army 

21 may not deploy social scientists in a conflict zone. 

22 (2) WAIVER.—The Secretary of the Army may 

23 waive the prohibition in paragraph (1) if the Sec24 retary submits, at least 10 days before the deployVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
516 

HR 4909 PCS

1 ment, to the Committees on Armed Services of the 

2 House of Representatives and the Senate— 

3 (A) notice of the waiver; and 

4 (B) a certification that there is a compel5 ling national security interest for the deploy6 ment or there will be a benefit to the safety and 

7 welfare of members of the Armed Forces from 

8 the deployment. 

9 (3) ELEMENTS OF WAIVER NOTICE.—A waiver 

10 notice under this subsection also shall include the 

11 following: 

12 (A) The operational unit, or units, request13 ing support, including the location or locations 

14 where the social scientists are to be deployed. 

15 (B) The number of Global Cultural Knowl16 edge Network personnel to be deployed and the 

17 anticipated duration of such deployments. 

18 (C) The anticipated resource needs for 

19 such deployment. 

20 SEC. 1088. MODIFICATION OF REQUIREMENTS RELATING 

21 TO MANAGEMENT OF MILITARY TECHNI22 CIANS. 

23 (a) CONVERSION OF CERTAIN MILITARY TECHNI24 CIAN (DUAL STATUS) POSITIONS.—Subsection (a) of sec25 tion 1053 of the National Defense Authorization Act for 


emcdonald on DSK3SPTVN1PROD with BILLS
517 

HR 4909 PCS

1 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 981; 10 

2 U.S.C. 10216 note) is amended— 

3 (1) by striking paragraph (1) and inserting the 

4 following new paragraph (1): 

5 ‘‘(1) IN GENERAL.—By not later than October 

6 1, 2017, the Secretary of Defense shall convert not 

7 fewer than 20 percent of all military technician posi8 tions to positions filled by individuals who are em9 ployed under section 3101 of title 5, United States 

10 Code, or section 1601 of title 10, United States 

11 Code, or serving under section 328 of title 32, 

12 United States Code, and are not military techni13 cians. The positions to be converted are described in 

14 paragraph (2).’’; 

15 (2) in paragraph (2), by striking ‘‘in the re16 port’’ and all that follows and inserting ‘‘by the 

17 Army Reserve, the Air Force Reserve, the National 

18 Guard Bureau, and the State adjutants general in 

19 the course of reviewing all military technician posi20 tions for purposes of implementing this section.’’; 

21 and 

22 (3) in paragraph (3), by striking ‘‘may fill’’ and 

23 inserting ‘‘shall fill’’. 

24 (b) CONVERSION OF ARMY RESERVE, AIR FORCE

25 RESERVE, AND NATIONAL GUARD NON-DUAL STATUS POVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
518 

HR 4909 PCS

1 SITIONS.—Subsection (e) of section 10217 of title 10, 

2 United States Code, is amended is amended to read as 

3 follows: 

4 ‘‘(e) CONVERSION OF POSITIONS.—(1) No individual 

5 may be newly hired or employed, or rehired or reemployed, 

6 as a non-dual status technician for purposes of this section 

7 after September 30, 2017. 

8 ‘‘(2) On October 1, 2017, the Secretary of Defense 

9 shall convert all non-dual status technicians to positions 

10 filled by individuals who are employed under section 3101 

11 of title 5 or section 1601 of this title and are not military 

12 technicians. 

13 ‘‘(3) In the case of a position converted under para14 graph (2) for which there is an incumbent employee on 

15 October 1, 2017, the Secretary shall fill that position, as 

16 converted, with the incumbent employee without regard to 

17 any requirement concerning competition or competitive 

18 hiring procedures. 

19 ‘‘(4) Any individual newly hired or employed, or re20 hired or employed, to a position required to be filled by 

21 reason of paragraph (1) shall an individual employed in 

22 such position under section 3101 of title 5 or section 1601 

23 of this title.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
519 

HR 4909 PCS

1 (c) REPORT ON CONVERSION OF MILITARY TECHNI2 CIAN POSITIONS TO PERSONNEL PERFORMING ACTIVE

3 GUARD AND RESERVE DUTY.— 

4 (1) IN GENERAL.—Not later than March 1, 

5 2017, the Secretary of Defense, shall in consultation 

6 with the Chief of the National Guard Bureau, sub7 mit to the Committees on Armed Services of the 

8 Senate and the House of Representatives a report on 

9 the feasibility and advisability of converting any re10 maining military technicians (dual status) to per11 sonnel performing active Guard and Reserve duty 

12 under section 328 of title 32, United States Code, 

13 or other applicable provisions of law. The report 

14 shall include the following: 

15 (A) An analysis of the fully-burdened costs 

16 of the conversion taking into account the new 

17 modernized military retirement system. 

18 (B) An assessment of the ratio of members 

19 of the Armed Forces performing active Guard 

20 and Reserve duty and civilian employees of the 

21 Department of Defense under title 5, United 

22 States Code, required to best contribute to the 

23 readiness of the National Guard and the Re24 serves. 


emcdonald on DSK3SPTVN1PROD with BILLS
520 

HR 4909 PCS

1 (2) ACTIVE GUARD AND RESERVE DUTY DE2 FINED.—In this subsection, the term ‘‘active Guard 

3 and Reserve duty’’ has the meaning given that term 

4 in section 101(d)(6) of title 10, United States Code. 

5 SEC. 1089. SENSE OF CONGRESS REGARDING CONNECTI6 CUT’S SUBMARINE CENTURY. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) On March 2, 1867, Congress enacted a 

10 naval appropriations Act that authorized the Sec11 retary of the Navy to ‘‘receive and accept a deed of 

12 gift, when offered by the State of Connecticut, of a 

13 tract of land with not less than one mile of shore 

14 front on the Thames River near New London, Con15 necticut, to be held by the United States for naval 

16 purposes’’. 

17 (2) The people of Connecticut and the towns 

18 and cities in the southeastern region of Connecticut 

19 subsequently gifted land to establish a military in20 stallation to fulfil the Nation’s need for a naval facil21 ity on the Atlantic coast. 

22 (3) On April 11, 1868, the Navy accepted the 

23 deed of gift of land from Connecticut to establish a 

24 naval yard and storage depot along the eastern 

25 shore of the Thames River in Groton, Connecticut. 


emcdonald on DSK3SPTVN1PROD with BILLS
521 

HR 4909 PCS

1 (4) Between 1868 and 1912, the New London 

2 Navy Yard supported a diverse range of missions, 

3 including berthing inactive Civil War era ironclad 

4 warships and serving as a coaling station for refuel5 ing naval ships traveling in New England waters. 

6 (5) Congress rejected the Navy’s proposal to 

7 close New London Navy Yard in 1912, following an 

8 impassioned effort by Congressman Edwin W. Hig9 gins, who stated that ‘‘this action proposed is not 

10 only unjust but unreasonable and unsound as a mili11 tary proposition’’. 

12 (6) The outbreak of World War I and the 

13 enemy use of submarines to sink allied military and 

14 civilian ships in the Atlantic sparked a new focus on 

15 developing submarine capabilities in the United 

16 States. 

17 (7) October 18, 1915, marked the arrival at the 

18 New London Navy Yard of the submarines G–1, G– 

19 2, and G–4 under the care of the tender U.S.S. 

20 OZARK, soon followed by the arrival of submarines 

21 E–1, D–1, and D–3 under the care of the tender 

22 U.S.S. TONOPAH, and on November 1, 1915, the 

23 arrival of the first ship built as a submarine tender, 

24 the U.S.S. FULTON (AS–1). 


emcdonald on DSK3SPTVN1PROD with BILLS
522 

HR 4909 PCS

1 (8) On June 21, 1916, Commander Yeates Stir2 ling assumed the command of the newly designated 

3 Naval Submarine Base New London, the New Lon4 don Submarine Flotilla, and the Submarine School. 

5 (9) In the 100 years since the arrival of the 

6 first submarines to the base, Naval Submarine Base 

7 New London has grown to occupy more than 680 

8 acres along the east side of the Thames River, with 

9 more than 160 major facilities, 15 nuclear sub10 marines, and more than 70 tenant commands and 

11 activities, including the Submarine Learning Center, 

12 Naval Submarine School, the Naval Submarine Med13 ical Research Laboratory, the Naval Undersea Med14 ical Institute, and the newly established Undersea 

15 Warfighting Development Center. 

16 (10) In addition to being the site of the first 

17 submarine base in the United States, Connecticut 

18 was home to the foremost submarine manufacturers 

19 of the time, the Lake Torpedo Boat Company in 

20 Bridgeport and the Electric Boat Company in Grot21 on, which later became General Dynamics Electric 

22 Boat. 

23 (11) General Dynamics Electric Boat, its tal24 ented workforce, and its Connecticut-based and na25 tionwide network of suppliers have delivered more 


emcdonald on DSK3SPTVN1PROD with BILLS
523 

HR 4909 PCS

1 than 200 submarines from its current location in 

2 Groton, Connecticut, including the first nuclear-pow3 ered submarine, the U.S.S. NAUTILUS (SSN 571), 

4 and nearly half of the nuclear submarines ever built 

5 by the United States. 

6 (12) The Submarine Force Library and Mu7 seum, located adjacent to Naval Submarine Base 

8 New London in Groton, Connecticut, is the only sub9 marine museum operated by the United States Navy 

10 and today serves as the primary repository for arti11 facts, documents, and photographs relating to the 

12 bold and courageous history of the Submarine Force 

13 and highlights as its core exhibit the Historic Ship 

14 NAUTILUS (SSN 571) following her retirement 

15 from service. 

16 (13) Reflecting the close ties between Con17 necticut and the Navy that began with the gift of 

18 land that established the base, the State of Con19 necticut has set aside $40,000,000 in funding for 

20 critical infrastructure investments to support the 

21 mission of the base, including construction of a new 

22 dive locker building, expansion of the Submarine 

23 Learning Center, and modernization of energy infra24 structure. 


emcdonald on DSK3SPTVN1PROD with BILLS
524 

HR 4909 PCS

1 (14) On September 29, 2015, Connecticut Gov2 ernor Dannel Malloy designated October 2015 

3 through October 2016 as Connecticut’s Submarine 

4 Century, a year-long observance that celebrates 100 

5 years of submarine activity in Connecticut, including 

6 the Town of Groton’s distinction as the Submarine 

7 Capital of the World, to coincide with the centennial 

8 anniversary of the establishment of Naval Sub9 marine Base New London and the Naval Submarine 

10 School. 

11 (15) Whereas Naval Submarine Base New Lon12 don still proudly proclaims its motto of ‘‘The First 

13 and Finest’’. 

14 (16) Congressman Higgins’ statement before 

15 Congress in 1912 that ‘‘Connecticut stands ready, as 

16 she always has, to bear her part of the burdens of 

17 the national defense’’ remains true today. 

18 (b) SENSE OF CONGRESS.—Congress— 

19 (1) commends the longstanding dedication and 

20 contribution to the Navy and submarine force by the 

21 people of Connecticut, both through the initial deed 

22 of gift that established what would become Naval 

23 Submarine Base New London and through their on24 going commitment to support the mission of the 

25 base and the Navy personnel assigned to it; 


emcdonald on DSK3SPTVN1PROD with BILLS
525 

HR 4909 PCS

1 (2) honors the submariners who have trained 

2 and served at Naval Submarine Base New London 

3 throughout its history in support of the Nation’s se4 curity and undersea superiority; 

5 (3) recognizes the contribution of the industry 

6 and workforce of Connecticut in designing, building, 

7 and sustaining the Navy’s submarine fleet; and 

8 (4) encourages the recognition of Connecticut’s 

9 Submarine Century by Congress, the Navy, and the 

10 American people by honoring the contribution of the 

11 people of Connecticut to the defense of the United 

12 States and the important role of the submarine force 

13 in safeguarding the security of the United States for 

14 more than a century. 

15 SEC. 1090. LNG PERMITTING CERTAINTY AND TRANS16 PARENCY. 

17 (a) ACTION ON APPLICATIONS.— 

18 (1) DECISION DEADLINE.—For proposals that 

19 must also obtain authorization from the Federal En20 ergy Regulatory Commission or the United States 

21 Maritime Administration to site, construct, expand, 

22 or operate LNG export facilities, the Department of 

23 Energy shall issue a final decision on any applica24 tion for the authorization to export natural gas 


emcdonald on DSK3SPTVN1PROD with BILLS
526 

HR 4909 PCS

1 under section 3 of the Natural Gas Act (15 U.S.C. 

2 717b) not later than 30 days after the later of— 

3 (A) the conclusion of the review to site, 

4 construct, expand, or operate the LNG facilities 

5 required by the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4321 et seq.); or 

7 (B) the date of enactment of this Act. 

8 (2) CONCLUSION OF REVIEW.—For purposes of 

9 paragraph (1), review required by the National En10 vironmental Policy Act of 1969 shall be considered 

11 concluded— 

12 (A) for a project requiring an Environ13 mental Impact Statement, 30 days after publi14 cation of a Final Environmental Impact State15 ment; 

16 (B) for a project for which an Environ17 mental Assessment has been prepared, 30 days 

18 after publication by the Department of Energy 

19 of a Finding of No Significant Impact; and 

20 (C) upon a determination by the lead agen21 cy that an application is eligible for a categor22 ical exclusion pursuant National Environmental 

23 Policy Act of 1969 implementing regulations. 

24 (3) JUDICIAL ACTION.—(A) The United States 

25 Court of Appeals for the circuit in which the export 


emcdonald on DSK3SPTVN1PROD with BILLS
527 

HR 4909 PCS

1 facility will be located pursuant to an application de2 scribed in paragraph (1) shall have original jurisdic3 tion over any civil action for the review of— 

4 (i) an order issued by the Department of 

5 Energy with respect to such application; or 

6 (ii) the Department of Energy’s failure to 

7 issue a final decision on such application. 

8 (B) If the Court in a civil action described in 

9 subparagraph (A) finds that the Department of En10 ergy has failed to issue a final decision on the appli11 cation as required under paragraph (1), the Court 

12 shall order the Department of Energy to issue such 

13 final decision not later than 30 days after the 

14 Court’s order. 

15 (C) The Court shall set any civil action brought 

16 under this paragraph for expedited consideration 

17 and shall set the matter on the docket as soon as 

18 practical after the filing date of the initial pleading. 

19 (b) PUBLIC DISCLOSURE OF EXPORT DESTINA20 TIONS.—Section 3 of the Natural Gas Act (15 U.S.C. 

21 717b) is amended by adding at the end the following: 

22 ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DES23 TINATIONS.—As a condition for approval of any authoriza24 tion to export LNG, the Secretary of Energy shall require 


emcdonald on DSK3SPTVN1PROD with BILLS
528 

HR 4909 PCS

1 the applicant to publicly disclose the specific destination 

2 or destinations of any such authorized LNG exports.’’. 

3 SEC. 1091. SENSE OF CONGRESS REGARDING THE REPORT4 ING OF THE MV–22 MISHAP IN MARANA, ARI5 ZONA, ON APRIL 8, 2000. 

6 It is the sense of Congress that— 

7 (1) in the report accompanying H.R. 1735 of 

8 the 114th Congress (House Report 114–102), the 

9 Committee on Armed Services of the House of Rep10 resentatives encouraged the Secretary of Defense to 

11 ‘‘publicly clarify the causes of the MV-22 mishap at 

12 Marana Northwest Regional Airport, Arizona, in a 

13 way consistent with the results of all investigations 

14 as soon as possible’’; 

15 (2) the Deputy Secretary of Defense Robert O. 

16 Work did an excellent job reviewing the investiga17 tions of such mishap and concluded that there was 

18 a misrepresentation of facts by the media which in19 correctly identified pilot error as the cause of the 

20 mishap which the Deputy Secretary publicly made 

21 known in March 2016; and 

22 (3) Congress is grateful for the successful con23 clusion to this tragic situation. 


emcdonald on DSK3SPTVN1PROD with BILLS
529 

HR 4909 PCS

1 SEC. 1092. TRANSFER OF SURPLUS FIREARMS TO COR2 PORATION FOR THE PROMOTION OF RIFLE 

3 PRACTICE AND FIREARMS SAFETY. 

4 (a) IN GENERAL.—Section 40728(h) of title 36, 

5 United States Code, is amended— 

6 (1) by striking ‘‘(1) Subject to paragraph (2), 

7 the Secretary may transfer’’ and inserting ‘‘The Sec8 retary shall transfer’’; 

9 (2) by striking ‘‘The Secretary shall determine 

10 a reasonable schedule for the transfer of such sur11 plus pistols.’’; and 

12 (3) by striking paragraph (2). 

13 (b) PILOT PROGRAM.—Section 1087 of National De14 fense Authorization Act for Fiscal Year 2016 (Public Law 

15 114–92; 129 Stat. 1012) is amended— 

16 (1) in subsection (b)(1)— 

17 (A) by striking ‘‘may’’ each place it ap18 pears and inserting ‘‘shall’’; and 

19 (B) by striking ‘‘not more than 10,000’’; 

20 and 

21 (2) by striking subsection (c). 


emcdonald on DSK3SPTVN1PROD with BILLS
530 

HR 4909 PCS

1 SEC. 1093. SENSE OF CONGRESS REGARDING THE IMPOR2 TANCE OF PANAMA CITY, FLORIDA, TO THE 

3 HISTORY AND FUTURE OF THE ARMED 

4 FORCES. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) On December 6, 1941—one day before the 

8 attack on Pearl Harbor—the War Department es9 tablished Tyndall Field as an Army Air Force gun10 nery school in Panama City, Florida. 

11 (2) Tyndall Field was named in honor of native 

12 Floridian Lieutenant Francis B. Tyndall, who re13 ceived the U.S. Air Force flying ace designation for 

14 his service in the First World War. 

15 (3) Tyndall Field became an important center 

16 for aerial gunnery training during the Second World 

17 War, hosting training missions using aircraft includ18 ing A–33, 0–47, AT-6, Martin B-26 Marauders, and 

19 B–17 bombers. 

20 (4) On January 13, 1948, Tyndall Field be21 came Tyndall Air Force Base and was an active site 

22 for air training and defense throughout the Cold 

23 War. 

24 (5) Tyndall AFB is now home to the First Air 

25 Force as well as the 325th Fighter Wing Head26 quarters and their F–22 Raptors. 


emcdonald on DSK3SPTVN1PROD with BILLS
531 

HR 4909 PCS

1 (6) The 325th Fighter Wing has been instru2 mental to national security at such crucial junctures 

3 as the Cuban Missile Crisis, throughout the Cold 

4 War, and more recently in intercepting unidentified 

5 aircraft and supporting anti-smuggling efforts. 

6 (7) On July 20, 1945, the Navy Mine Counter7 measure Station was established in Panama City. 

8 (8) The Navy Mine Countermeasure Station de9 veloped into the Naval Support Activity Panama 

10 City (NSAPC), which has faithfully carried out its 

11 mission since its inception and continues to support 

12 the crucial efforts and important research of tenant 

13 command organizations such as the Naval Surface 

14 Warfare Center: Panama City Division (NSWC 

15 PCD) and the Navy Experimental Diving Unit 

16 (NEDU). 

17 (9) Research performed at NSWC PCD has 

18 been integral to equipping the Navy with the per19 sonnel and technology necessary to maintaining its 

20 status as the world’s greatest and most techno21 logically advanced. 

22 (10) NSWC PCD’s newest facility, the Littoral 

23 Warfare Research Facility, is one of the Navy’s 

24 major research, development, test, and evaluation 

25 laboratories and where standards for weapons inteVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
532 

HR 4909 PCS

1 gration on Littoral Combat Ships are often devel2 oped. 

3 (11) NEDU is a global hub of research, devel4 opment, and testing for undersea operations. 

5 (12) During the Second World War, the Wain6 wright Shipyard in Panama City built over 100 ves7 sels for the war effort and employed over 15,000 

8 people. 

9 (13) Panama City’s shipbuilding legacy con10 tinues as home to one of today’s most prolific do11 mestic shipbuilders, Eastern Shipbuilding. 

12 (14) The Department of Defense is the largest 

13 employer in Panama City, where many of the resi14 dents and their relatives have proudly served in the 

15 Armed Forces for generations. 

16 (b) SENSE OF CONGRESS.—Congress— 

17 (1) commends the longstanding dedication and 

18 contribution to the Armed Forces by the people of 

19 Panama City, both through the legacy of naval ship20 building and through their ongoing commitment to 

21 support the mission of Panama City’s military in22 stallations and the personnel assigned to them; 

23 (2) honors the members of the Armed Forces 

24 who have trained and served at the several military 

25 installations in and around Panama City; 


emcdonald on DSK3SPTVN1PROD with BILLS
533 

HR 4909 PCS

1 (3) recognizes the contribution of the industry 

2 and workforce of Panama City to naval shipbuilding; 

3 and 

4 (4) encourages the recognition of the impor5 tance of Panama City to the history of the Armed 

6 Forces by Congress, the Air Force, the Navy, and 

7 the American people by honoring the contribution of 

8 the people of Panama City to the defense of the 

9 United States. 

10 SEC. 1094. PROTECTIONS RELATING TO CIVIL RIGHTS AND 

11 DISABILITIES. 

12 Any branch or agency of the Federal Government 

13 shall, with respect to any religious corporation, religious 

14 association, religious educational institution, or religious 

15 society that is a recipient of or offeror for a Federal Gov16 ernment contract, subcontract, grant, purchase order, or 

17 cooperative agreement, provide protections and exemp18 tions consistent with sections 702(a) and 703(e)(2) of the 

19 Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a) and 42 

20 U.S.C. 2000e-2(e)(2)) and section 103(d) of the Ameri21 cans with Disabilities Act of 1990 (42 U.S.C. 12113(d)). 


emcdonald on DSK3SPTVN1PROD with BILLS
534 

HR 4909 PCS

1 SEC. 1095. NONAPPLICABILITY OF CERTAIN EXECUTIVE 

2 ORDER TO DEPARTMENT OF DEFENSE AND 

3 NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 The provisions of Executive Order 13673 and any im6 plementing rules or regulations shall not apply to the ac7 quisition, contracting, contract administration, source se8 lection, or any other activities of the Department of De9 fense or the National Nuclear Security Administration. 

10 The Secretary of Defense and the Administrator for Nu11 clear Security may not issue, or be required to comply 

12 with, any policy, guidance, or rules to carry out such exec13 utive order or otherwise implement any provision of such 

14 executive order or any related implementation rules or reg15 ulations. 

16 SEC. 1096. DETERMINATION AND DISCLOSURE OF TRANS17 PORTATION COSTS INCURRED BY SEC18 RETARY OF DEFENSE FOR CONGRESSIONAL 

19 TRIPS OUTSIDE THE UNITED STATES. 

20 (a) DETERMINATION AND DISCLOSURE OF COSTS BY

21 SECRETARY.—In the case of a trip taken by a Member, 

22 officer, or employee of the House of Representatives or 

23 Senate in carrying out official duties outside the United 

24 States for which the Department of Defense provides 

25 transportation, the Secretary of Defense shall— 


emcdonald on DSK3SPTVN1PROD with BILLS
535 

HR 4909 PCS

1 (1) determine the cost of the transportation 

2 provided with respect to the Member, officer, or em3 ployee; and 

4 (2) provide the Member, officer, or employee 

5 with a written statement of the cost not later than 

6 10 days after completion of the trip involved. 

7 (b) INCLUSION OF INFORMATION IN TRAVEL RE8 PORTS.—Any Member, officer, or employee of the House 

9 of Representatives or Senate who takes a trip to which 

10 subsection (a) applies shall include the information con11 tained in the written statement provided to the Member, 

12 officer, or employee under subsection (a)(2) with respect 

13 to the trip in any report that the Member, officer, or em14 ployee is required to file with respect to the trip under 

15 any provision of law and under any provision of the Rules 

16 of the House of Representatives or the Standing Rules of 

17 the Senate (as the case may be). 

18 (c) EXCEPTIONS.—This section does not apply with 

19 respect to any trip the sole purpose of which is to visit 

20 one or more United States military installations or to visit 

21 United States military personnel in a war zone (or both). 

22 (d) DEFINITIONS.—In this section: 

23 (1) MEMBER.—The term ‘‘Member’’, with re24 spect to the House of Representatives, includes a 

25 Delegate or Resident Commissioner to the Congress. 


emcdonald on DSK3SPTVN1PROD with BILLS
536 

HR 4909 PCS

1 (2) UNITED STATES.—The term ‘‘United 

2 States’’ means the several States, the District of Co3 lumbia, the Commonwealth of Puerto Rico, the Com4 monwealth of the Northern Mariana Islands, the 

5 Virgin Islands, Guam, American Samoa, and any 

6 other territory or possession of the United States. 

7 (e) EFFECTIVE DATE.—This section shall apply with 

8 respect to trips taken on or after the date of the enact9 ment of this Act, except that this section does not apply 

10 with respect to any trip which began prior to such date. 

11 SEC. 1097. WAIVER OF CERTAIN POLYGRAPH EXAMINATION 

12 REQUIREMENTS. 

13 The Secretary of Homeland Security, acting through 

14 the Commissioner of U.S. Customs and Border Protection, 

15 may waive the polygraph examination requirement under 

16 section 3 of the Anti-Border Corruption Act of 2010 (Pub17 lic Law 111–376) for any applicant who— 

18 (1) the Commissioner determines is suitable for 

19 employment; 

20 (2) holds a current, active Top Secret clearance 

21 and is able to access sensitive compartmented infor22 mation; 

23 (3) has a current single scope background in24 vestigation; 


emcdonald on DSK3SPTVN1PROD with BILLS
537 

HR 4909 PCS

1 (4) was not granted any waivers to obtain the 

2 clearance; and 

3 (5) is a veteran (as such term is defined in sec4 tion 2108 or 2109a of title 5, United States Code). 

5 SEC. 1098. USE OF TRANSPORTATION WORKER IDENTIFICA6 TION CREDENTIAL TO GAIN ACCESS AT DE7 PARTMENT OF DEFENSE INSTALLATIONS. 

8 (a) ACCESS TO INSTALLATIONS FOR CREDENTIALED

9 TRANSPORTATION WORKERS.—During the period that the 

10 Secretary is developing and fielding physical access stand11 ards, capabilities, processes, and electronic access control 

12 systems, the Secretary shall, to the maximum extent prac13 ticable, ensure that the Transportation Worker Identifica14 tion Credential (TWIC) shall be accepted as a valid cre15 dential for unescorted access to Department of Defense 

16 installations by transportation workers. 

17 (b) CREDENTIALED TRANSPORTATION WORKERS

18 WITH SECRET CLEARANCE.—TWIC-carrying transpor19 tation workers who also have a current Secret Level Clear20 ance issued by the Department of Defense shall be consid21 ered exempt from further vetting when seeking unescorted 

22 access at Department of Defense facilities. Access security 

23 personnel shall verify such person’s security clearance in 

24 a timely manner and provide them with unescorted access 

25 to complete their freight service. 


emcdonald on DSK3SPTVN1PROD with BILLS
538 

HR 4909 PCS

1 (c) REPORT ON CREDENTIALED PERSONS DENIED

2 ACCESS TO DEPARTMENT OF DEFENSE INSTALLA3 TIONS.—Not later than 90 days after the date of enact4 ment of this Act, the Secretary of Defense shall begin doc5 umenting each instance when a credentialed transpor6 tation worker is denied unescorted access to a military fa7 cility in the Continental United States, Hawaii, Alaska, 

8 Guam, or Native American lands. The report shall include, 

9 but not be limited to, the reasons for such denial, and the 

10 amount of time the credentialed party denied entrance 

11 waited to obtain access. The report shall be submitted to 

12 the Armed Services Committees of the House and Senate 

13 no later than the first day of February of each year until 

14 complete fielding of Identity Management Enterprise 

15 Services Architecture and electronic access control systems 

16 are achieved. 

17 SEC. 1098A. LIMITATION ON AVAILABILITY OF FUNDS FOR 

18 DESTRUCTION OF CERTAIN LANDMINES AND 

19 REPORT ON DEVELOPMENT OF REPLACE20 MENT ANTI-PERSONNEL LANDMINE MUNI21 TIONS. 

22 (a) LIMITATION.—Except as provided in subsection 

23 (b), none of the funds authorized to be appropriated by 

24 this Act or otherwise made available for fiscal year 2017 

25 for the Department of Defense may be obligated or exVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
539 

HR 4909 PCS

1 pended for the destruction of anti-personnel landmine mu2 nitions before the date on which the Secretary of Defense 

3 submits the report required by subsection (c). 

4 (b) EXCEPTION FOR SAFETY.—Subsection (a) shall 

5 not apply to any anti-personnel landmine munitions that 

6 the Secretary determines are unsafe or could pose a safety 

7 risk if not demilitarized or destroyed. 

8 (c) REPORT REQUIRED.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to the Congress a re12 port that includes the following: 

13 (A) An assessment of the current state of 

14 research into operational alternatives to anti15 personnel landmines. 

16 (B) Any other matter that the Secretary 

17 determines should be included in the report. 

18 (2) FORM OF REPORT.—The report required by 

19 paragraph (1) shall be submitted in unclassified 

20 form, but may include a classified annex. 

21 (d) ANTI-PERSONNEL LANDMINE MUNITIONS DE22 FINED.—In this section, the term ‘‘anti-personnel land23 mine munitions’’ includes anti-personnel landmines and 

24 sub-munitions as defined by the Convention on the Prohi25 bition of the Use, Stockpiling, Production and Transfer 


emcdonald on DSK3SPTVN1PROD with BILLS
540 

HR 4909 PCS

1 of Anti-Personnel Mines and on their Destruction, as de2 termined by the Secretary. 

3 SEC. 1098B. REQUIREMENT FOR MEMORANDUM OF UNDER4 STANDING REGARDING TRANSFER OF DE5 TAINEES. 

6 Section 1034(b) of the National Defense Authoriza7 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

8 Stat. 969; 10 U.S.C. 801 note) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (3); 

11 (2) by striking the period and inserting ‘‘; and’’ 

12 at the end of paragraph (4); and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) the United States Government and the 

16 government of the foreign country have entered into 

17 a written memorandum of understanding regarding 

18 the transfer of the individual and such memorandum 

19 of understanding has previously been transmitted to 

20 the appropriate committees of Congress.’’. 

21 SEC. 1098C. SENSE OF CONGRESS REGARDING AMERICAN 

22 VETERANS DISABLED FOR LIFE. 

23 (a) FINDINGS.—Congress finds the following: 

24 (1) There are at least 3,600,000 veterans cur25 rently living with service-connected disabilities. 


emcdonald on DSK3SPTVN1PROD with BILLS
541 

HR 4909 PCS

1 (2) As a result of their service, many veterans 

2 are permanently disabled throughout their lives and 

3 in many cases must rely on the support of their fam4 ilies and friends when these visible and invisible bur5 dens become too much to bear alone. 

6 (3) October 5, which is the anniversary of the 

7 dedication of the American Veterans Disabled for 

8 Life Memorial, has been recognized as an appro9 priate day on which to honor American veterans dis10 abled for life each year. 

11 (b) SENSE OF CONGRESS.—Congress— 

12 (1) expresses its appreciation to the men and 

13 women left permanently wounded, ill, or injured as 

14 a result of their service in the Armed Forces; 

15 (2) supports the annual recognition of Amer16 ican veterans disabled for life each year; and 

17 (3) encourages the American people to honor 

18 American veterans disabled for life each year with 

19 appropriate programs and activities. 

20 SEC. 1098D. STUDY ON MILITARY HELICOPTER NOISE. 

21 (a) IN GENERAL.—The Secretary of Defense, in co22 ordination with the Administrator of the Federal Aviation 

23 Administration, shall— 


emcdonald on DSK3SPTVN1PROD with BILLS
542 

HR 4909 PCS

1 (1) conduct a study on the effects of military 

2 helicopter noise on National Capital Region commu3 nities and individuals; and 

4 (2) develop recommendations for the reduction 

5 of the effects of military helicopter noise on individ6 uals, structures, and property values in the National 

7 Capital Region. 

8 (b) FOCUS.—In conducting the study under sub9 section (a), the Secretary and the Administrator shall 

10 focus on air traffic control, airspace design, airspace man11 agement, and types of aircraft, to address helicopter noise 

12 problems and shall take into account the needs of law en13 forcement, emergency, and military operations. 

14 (c) CONSIDERATION OF VIEWS.—In conducting the 

15 study under subsection (a), the Secretary shall consider 

16 the views of representatives of— 

17 (1) members of the Armed Forces; 

18 (2) law enforcement agencies; 

19 (3) community stakeholders, including residents 

20 and local government officials; and 

21 (4) organizations with an interest in reducing 

22 military helicopter noise. 

23 (d) REPORT.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, the Secretary 


emcdonald on DSK3SPTVN1PROD with BILLS
543 

HR 4909 PCS

1 shall submit to Congress a report on the results of 

2 the study conducted under subsection (a). 

3 (2) AVAILABILITY TO THE PUBLIC.—The Sec4 retary shall make the report required under para5 graph (1) publicly available. 

6 SEC. 1098E. MARITIME OCCUPATIONAL SAFETY AND 

7 HEALTH ADVISORY COMMITTEE. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Maritime Occupational Safety and Health Advisory Com10 mittee Act’’. 

11 (b) MARITIME OCCUPATIONAL SAFETY AND HEALTH

12 ADVISORY COMMITTEE.—Section 7 of the Occupational 

13 Safety and Health Act of 1970 (29 U.S.C. 656) is amend14 ed by adding at the end the following: 

15 ‘‘(d) There is established a Maritime Occupational 

16 Safety and Health Advisory Committee, which shall be a 

17 continuing body and shall provide advice to the Secretary 

18 in formulating maritime industry standards and regarding 

19 matters pertaining to the administration of this Act re20 lated to the maritime industry. The composition of this 

21 advisory committee shall be consistent with the advisory 

22 committees established under subsection (b), provided that 

23 a member of this committee who is otherwise qualified 

24 may continue to serve until a successor is appointed. The 


emcdonald on DSK3SPTVN1PROD with BILLS
544 

HR 4909 PCS

1 Secretary may promulgate or amend regulations as nec2 essary to implement this subsection.’’. 

3 SEC. 1098F. SENSE OF CONGRESS REGARDING UNITED 

4 STATES NORTHERN COMMAND PREPARED5 NESS. 

6 It is the sense of the Congress that— 

7 (1) the United States Northern Command plays 

8 a crucial role in providing additional response capa9 bility to State and local governments in domestic 

10 disaster relief and consequence management oper11 ations; 

12 (2) the United States Northern Command must 

13 continue to build upon its current efforts to develop 

14 command strategies, leadership training, and re15 sponse plans to effectively work with civil authorities 

16 when acting as the lead agency or a supporting 

17 agency; and 

18 (3) the United States Northern Command 

19 should leverage whenever possible training and man20 agement expertise that resides within the Depart21 ment of Defense, other Federal agencies, State and 

22 local governments, and private sector businesses and 

23 academic institutions to enhance— 

24 (A) its defense support to civil authorities 

25 and incidence management missions; 


emcdonald on DSK3SPTVN1PROD with BILLS
545 

HR 4909 PCS

1 (B) relationships with other entities in2 volved in disaster response; and 

3 (C) its ability to respond to unforeseen 

4 events. 

5 SEC. 1098G. COST OF WARS. 

6 The Secretary of Defense, in consultation with the 

7 Commissioner of the Internal Revenue Service and the Di8 rector of the Bureau of Economic Analysis, shall post on 

9 the public Web site of the Department of Defense the 

10 costs, including the relevant legacy costs, to each Amer11 ican taxpayer of each of the wars in Afghanistan, Iraq, 

12 and Syria. 

13 SEC. 1098H. WORKFORCE ISSUES FOR RELOCATION OF MA14 RINES TO GUAM. 

15 (a) IN GENERAL.—Section 6(b) of the Joint Resolu16 tion entitled ‘‘A Joint Resolution to approve the ‘Covenant 

17 To Establish a Commonwealth of the Northern Mariana 

18 Islands in Political Union With the United States of 

19 America’, and for other purposes’’, approved March 24, 

20 1976 (48 U.S.C. 1806(b)) is amended to read as follows: 

21 ‘‘(b) NUMERICAL LIMITATIONS FOR NONIMMIGRANT

22 WORKERS.—An alien, if otherwise qualified, may seek ad23 mission to Guam or to the Commonwealth during the 

24 transition program as a nonimmigrant worker under sec25 tion 101(a)(15)(H) of the Immigration and Nationality 


emcdonald on DSK3SPTVN1PROD with BILLS
546 

HR 4909 PCS

1 Act (8 U.S.C. 1101(a)(15)(H)) without counting against 

2 the numerical limitations set forth in section 214(g) of 

3 such Act (8 U.S.C. 1184(g)). An alien, if otherwise quali4 fied, may, before October 1, 2028, be admitted under sec5 tion 101(a)(15)(H)(ii)(b) of such Act for a period of up 

6 to 3 years (which may be extended by the Secretary of 

7 Homeland Security before October 1, 2028, for an addi8 tional period or periods not to exceed 3 years each) to per9 form services or labor on Guam pursuant to any agree10 ment entered into by a prime contractor or subcontractor 

11 calling for services or labor required for performance of 

12 the contract or subcontract in direct support of all mili13 tary-funded construction, repairs, renovation, and facili14 ties services, or to perform services or labor on Guam as 

15 a health-care worker, notwithstanding the requirement of 

16 such section that the service or labor be temporary. This 

17 subsection does not apply to any employment to be per18 formed outside of Guam or the Commonwealth.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect on the date that is 120 

21 days after the date of the enactment of this Act. 

22 SEC. 1098I. REVIEW OF DEPARTMENT OF DEFENSE DEBT 

23 COLLECTION REGULATIONS. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Secretary of Defense shall review 


emcdonald on DSK3SPTVN1PROD with BILLS
547 

HR 4909 PCS

1 and update Department of Defense regulations to ensure 

2 such regulations comply with Federal consumer protection 

3 law with respect to the collection of debt. 

4 SEC. 1098J. IMPORTANCE OF ROLE PLAYED BY WOMEN IN 

5 WORLD WAR II. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) National Rosie the Riveter Day is a collec8 tive national effort to raise awareness of the 16 mil9 lion women working during World War II. 

10 (2) Americans have chosen to honor female 

11 workers who contributed on the home front during 

12 World War II. 

13 (3) These women left their homes to work or 

14 volunteer full-time in factories, farms, shipyards, air15 plane factories, banks, and other institutions in sup16 port of the military overseas. 

17 (4) These women worked with the USO and 

18 Red Cross, drove trucks, riveted airplane parts, col19 lected critical materials, rolled bandages, and served 

20 on rationing boards. 

21 (5) It is fitting and proper to recognize and 

22 preserve the history and legacy of working women, 

23 including volunteer women, during World War II to 

24 promote cooperation and fellowship among such 

25 women and their descendants. 


emcdonald on DSK3SPTVN1PROD with BILLS
548 

HR 4909 PCS

1 (6) These women and their descendants wish to 

2 further the advancement of patriotic ideas, excel3 lence in the workplace, and loyalty to the United 

4 States of America. 

5 (b) SENSE OF CONGRESS.—Congress acknowledges 

6 the important role played by women in World War II. 

7 SEC. 1098K. RECOVERY OF EXCESS RIFLES, AMMUNITION, 

8 AND PARTS GRANTED TO FOREIGN COUN9 TRIES AND TRANSFER TO CERTAIN PERSONS. 

10 (a) RECOVERY.—Subchapter II of chapter 407 of 

11 title 36, United States Code, is amended by inserting after 

12 section 40728A the following new section: 

13 ‘‘§ 40728B. Recovery of excess rifles, ammunition, and 

14 parts granted to foreign countries and 

15 transfer to certain persons 

16 ‘‘(a) AUTHORITY TO RECOVER.—(1) Subject to para17 graph (2) and subsection (b), the Secretary of the Army 

18 may acquire from any person any rifle, ammunition, repair 

19 parts, or other supplies described in section 40731(a) of 

20 this title which were— 

21 ‘‘(A) provided to any country on a grant basis 

22 under the conditions imposed by section 505 of the 

23 Foreign Assistance Act of 1961 (22 U.S.C. 2314) 

24 that became excess to the needs of such country; 

25 and 


emcdonald on DSK3SPTVN1PROD with BILLS
549 

HR 4909 PCS

1 ‘‘(B) lawfully acquired by such person. 

2 ‘‘(2) The Secretary of the Army may not acquire any3 thing under paragraph (1) except for transfer to a person 

4 in the United States under subsection (c). 

5 ‘‘(3) The Secretary of the Army may accept rifles, 

6 ammunition, repair parts, or other supplies under para7 graph (1) notwithstanding section 1342 of title 31. 

8 ‘‘(b) COST OF RECOVERY.—The Secretary of the 

9 Army may not acquire anything under subsection (a) if 

10 the United States would incur any cost for such acquisi11 tion. 

12 ‘‘(c) AVAILABILITY FOR TRANSFER.—Any rifles, am13 munition, repair parts, or supplies acquired under sub14 section (a) shall be available for transfer in the United 

15 States to the person from whom acquired if such person— 

16 ‘‘(1) is licensed as a manufacturer, importer, or 

17 dealer pursuant to section 923(a) of title 18; and 

18 ‘‘(2) uses an ammunition depot of the Army 

19 that is an eligible facility for receipt of any rifles, 

20 ammunition, repair parts, or supplies under this 

21 paragraph. 

22 ‘‘(d) CONTRACTS.—Notwithstanding subsection (k) 

23 of section 2304 of title 10, the Secretary may enter into 

24 such contracts or cooperative agreements on a sole source 


emcdonald on DSK3SPTVN1PROD with BILLS
550 

HR 4909 PCS

1 basis pursuant to paragraphs (4) and (5) of subsection 

2 (c) of such section to carry out this section. 

3 ‘‘(e) AECA.—Transfers authorized under this section 

4 may only be made in accordance with applicable provisions 

5 of the Arms Export Control Act (22 U.S.C. 2778). 

6 ‘‘(f) RIFLE DEFINED.—In this section, the term 

7 ‘rifle’ has the meaning given such term in section 921 of 

8 title 18.’’. 

9 (b) SALE.—Section 40732 of such title is amended— 

10 (1) by adding at the end the following new sub11 section: 

12 ‘‘(d) SALES BY OTHER PERSONS.—A person who re13 ceives a rifle or any ammunition, repair parts, or supplies 

14 under section 40728B(c) of this title may sell, at fair mar15 ket value, such rifle, ammunition, repair parts, or supplies. 

16 With respect to rifles other than caliber .22 rimfire and 

17 caliber .30 rifles, the seller shall obtain a license as a deal18 er in rifles and abide by all requirements imposed on per19 sons licensed under chapter 44 of title 18, including main20 taining acquisition and disposition records, and con21 ducting background checks.’’; and 

22 (2) in subsection (c), in the heading, by insert23 ing ‘‘BY THE CORPORATION’’ after ‘‘LIMITATION ON

24 SALES’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
551 

HR 4909 PCS

1 (c) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 407 of such title is amended 

3 by inserting after the item relating to section 40728A the 

4 following new item: 

‘‘40728B. Recovery of excess rifles, ammunition, and parts granted to foreign 

countries and transfer to certain persons.’’. 

5 SEC. 1098L. PROJECT MANAGEMENT. 

6 (a) DEPUTY DIRECTOR FOR MANAGEMENT.— 

7 (1) ADDITIONAL FUNCTIONS.—Section 503 of 

8 title 31, United States Code, is amended by adding 

9 at the end the following: 

10 ‘‘(c) PROGRAM AND PROJECT MANAGEMENT.— 

11 ‘‘(1) REQUIREMENT.—Subject to the direction 

12 and approval of the Director, the Deputy Director 

13 for Management or a designee shall— 

14 ‘‘(A) adopt governmentwide standards, 

15 policies, and guidelines for program and project 

16 management for executive agencies; 

17 ‘‘(B) oversee implementation of program 

18 and project management for the standards, 

19 policies, and guidelines established under sub20 paragraph (A); 

21 ‘‘(C) chair the Program Management Pol22 icy Council established under section 1126(b); 

23 ‘‘(D) establish standards and policies for 

24 executive agencies, consistent with widely acVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
552 

HR 4909 PCS

1 cepted standards for program and project man2 agement planning and delivery; 

3 ‘‘(E) engage with the private sector to 

4 identify best practices in program and project 

5 management that would improve Federal pro6 gram and project management; 

7 ‘‘(F) conduct portfolio reviews to address 

8 programs identified as high risk by the Govern9 ment Accountability Office; 

10 ‘‘(G) not less than annually, conduct port11 folio reviews of agency programs in coordination 

12 with Project Management Improvement Officers 

13 designated under section 1126(a)(1) to assess 

14 the quality and effectiveness of program man15 agement; and 

16 ‘‘(H) establish a 5-year strategic plan for 

17 program and project management. 

18 ‘‘(2) APPLICATION TO DEPARTMENT OF DE19 FENSE.—Paragraph (1) shall not apply to the De20 partment of Defense to the extent that the provi21 sions of that paragraph are substantially similar to 

22 or duplicative of— 

23 ‘‘(A) the provisions of chapter 87 of title 

24 10; or 


emcdonald on DSK3SPTVN1PROD with BILLS
553 

HR 4909 PCS

1 ‘‘(B) policy, guidance, or instruction of the 

2 Department related to program management.’’. 

3 (2) DEADLINE FOR STANDARDS, POLICIES, AND

4 GUIDELINES.—Not later than 1 year after the date 

5 of enactment of this Act, the Deputy Director for 

6 Management of the Office of Management and 

7 Budget shall issue the standards, policies, and 

8 guidelines required under section 503(c) of title 31, 

9 United States Code, as added by paragraph (1). 

10 (3) REGULATIONS.—Not later than 90 days 

11 after the date on which the standards, policies, and 

12 guidelines are issued under paragraph (2), the Dep13 uty Director for Management of the Office of Man14 agement and Budget, in consultation with the Pro15 gram Management Policy Council established under 

16 section 1126(b) of title 31, United States Code, as 

17 added by subsection (b)(1), and the Director of the 

18 Office of Management and Budget, shall issue any 

19 regulations as are necessary to implement the re20 quirements of section 503(c) of title 31, United 

21 States Code, as added by paragraph (1). 

22 (b) PROGRAM MANAGEMENT IMPROVEMENT OFFI23 CERS AND PROGRAM MANAGEMENT POLICY COUNCIL.— 


emcdonald on DSK3SPTVN1PROD with BILLS
554 

HR 4909 PCS

1 (1) AMENDMENT.—Chapter 11 of title 31, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 1126. Program Management Improvement Officers 

5 and Program Management Policy Council 

6 ‘‘(a) PROGRAM MANAGEMENT IMPROVEMENT OFFI7 CERS.— 

8 ‘‘(1) DESIGNATION.—The head of each agency 

9 described in section 901(b) shall designate a senior 

10 executive of the agency as the Program Management 

11 Improvement Officer of the agency. 

12 ‘‘(2) FUNCTIONS.—The Program Management 

13 Improvement Officer of an agency designated under 

14 paragraph (1) shall— 

15 ‘‘(A) implement program management poli16 cies established by the agency under section 

17 503(c); and 

18 ‘‘(B) develop a strategy for enhancing the 

19 role of program managers within the agency 

20 that includes the following: 

21 ‘‘(i) Enhanced training and edu22 cational opportunities for program man23 agers that shall include— 

24 ‘‘(I) training in the relevant com25 petencies encompassed with program 


emcdonald on DSK3SPTVN1PROD with BILLS
555 

HR 4909 PCS

1 and project manager within the pri2 vate sector for program managers; 

3 and 

4 ‘‘(II) training that emphasizes 

5 cost containment for large projects 

6 and programs. 

7 ‘‘(ii) Mentoring of current and future 

8 program managers by experienced senior 

9 executives and program managers within 

10 the agency. 

11 ‘‘(iii) Improved career paths and ca12 reer opportunities for program managers. 

13 ‘‘(iv) A plan to encourage the recruit14 ment and retention of highly qualified indi15 viduals to serve as program managers. 

16 ‘‘(v) Improved means of collecting and 

17 disseminating best practices and lessons 

18 learned to enhance program management 

19 across the agency. 

20 ‘‘(vi) Common templates and tools to 

21 support improved data gathering and anal22 ysis for program management and over23 sight purposes. 

24 ‘‘(3) APPLICATION TO DEPARTMENT OF DE25 FENSE.—This subsection shall not apply to the DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
556 

HR 4909 PCS

1 partment of Defense to the extent that the provi2 sions of this subsection are substantially similar to 

3 or duplicative of the provisions of chapter 87 of title 

4 10. For purposes of paragraph (1), the Under Sec5 retary of Defense for Acquisition, Technology, and 

6 Logistics (or a designee of the Under Secretary) 

7 shall be considered the Program Management Im8 provement Officer. 

9 ‘‘(b) PROGRAM MANAGEMENT POLICY COUNCIL.— 

10 ‘‘(1) ESTABLISHMENT.—There is established in 

11 the Office of Management and Budget a council to 

12 be known as the ‘Program Management Policy 

13 Council’ (in this subsection referred to as the ‘Coun14 cil’). 

15 ‘‘(2) PURPOSE AND FUNCTIONS.—The Council 

16 shall act as the principal interagency forum for im17 proving agency practices related to program and 

18 project management. The Council shall— 

19 ‘‘(A) advise and assist the Deputy Director 

20 for Management of the Office of Management 

21 and Budget; 

22 ‘‘(B) review programs identified as high 

23 risk by the General Accountability Office and 

24 make recommendations for actions to be taken 

25 by the Deputy Director for Management of the 


emcdonald on DSK3SPTVN1PROD with BILLS
557 

HR 4909 PCS

1 Office of Management and Budget or a des2 ignee; 

3 ‘‘(C) discuss topics of importance to the 

4 workforce, including— 

5 ‘‘(i) career development and workforce 

6 development needs; 

7 ‘‘(ii) policy to support continuous im8 provement in program and project manage9 ment; and 

10 ‘‘(iii) major challenges across agencies 

11 in managing programs; 

12 ‘‘(D) advise on the development and appli13 cability of standards governmentwide for pro14 gram management transparency; and 

15 ‘‘(E) review the information published on 

16 the website of the Office of Management and 

17 Budget pursuant to section 1122. 

18 ‘‘(3) MEMBERSHIP.— 

19 ‘‘(A) COMPOSITION.—The Council shall be 

20 composed of the following members: 

21 ‘‘(i) Five members from the Office of 

22 Management and Budget as follows: 

23 ‘‘(I) The Deputy Director for 

24 Management. 


emcdonald on DSK3SPTVN1PROD with BILLS
558 

HR 4909 PCS

1 ‘‘(II) The Administrator of the 

2 Office of Electronic Government. 

3 ‘‘(III) The Administrator of Fed4 eral Procurement Policy. 

5 ‘‘(IV) The Controller of the Of6 fice of Federal Financial Manage7 ment. 

8 ‘‘(V) The Director of the Office 

9 of Performance and Personnel Man10 agement. 

11 ‘‘(ii) The Program Management Im12 provement Officer from each agency de13 scribed in section 901(b). 

14 ‘‘(iii) Other individuals as determined 

15 appropriate by the Chairperson. 

16 ‘‘(B) CHAIRPERSON AND VICE CHAIR17 PERSON.— 

18 ‘‘(i) IN GENERAL.—The Deputy Di19 rector for Management of the Office of 

20 Management and Budget shall be the 

21 Chairperson of the Council. A Vice Chair22 person shall be elected by the members and 

23 shall serve a term of not more than 1 year. 

24 ‘‘(ii) DUTIES.—The Chairperson shall 

25 preside at the meetings of the Council, deVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
559 

HR 4909 PCS

1 termine the agenda of the Council, direct 

2 the work of the Council, and establish and 

3 direct subgroups of the Council as appro4 priate. 

5 ‘‘(4) MEETINGS.—The Council shall meet not 

6 less than twice per fiscal year and may meet at the 

7 call of the Chairperson or a majority of the members 

8 of the Council. 

9 ‘‘(5) SUPPORT.—The head of each agency with 

10 a Project Management Improvement Officer serving 

11 on the Council shall provide administrative support 

12 to the Council, as appropriate, at the request of the 

13 Chairperson. 

14 ‘‘(6) COMMITTEE DURATION.—Section 14(a)(2) 

15 of the Federal Advisory Committee Act (5 U.S.C. 

16 App.) shall not apply to the Council.’’. 

17 (2) REPORT REQUIRED.—Not later than 1 year 

18 after the date of enactment of this Act, the Director 

19 of the Office of Management and Budget, in con20 sultation with each Program Management Improve21 ment Officer designated under section 1126(a)(1) of 

22 title 31, United States Code, shall submit to Con23 gress a report containing the strategy developed 

24 under section 1126(a)(2)(B) of such title, as added 

25 by paragraph (1). 


emcdonald on DSK3SPTVN1PROD with BILLS
560 

HR 4909 PCS

1 (c) PROGRAM AND PROJECT MANAGEMENT PER2 SONNEL STANDARDS.— 

3 (1) DEFINITION.—In this subsection, the term 

4 ‘‘agency’’ means each agency described in section 

5 901(b) of title 31, United States Code, other than 

6 the Department of Defense. 

7 (2) REGULATIONS REQUIRED.—Not later than 

8 180 days after the date on which the standards, 

9 policies, and guidelines are issued under section 

10 503(c) of title 31, United States Code, as added by 

11 subsection (a)(1), the Director of the Office of Per12 sonnel Management, in consultation with the Direc13 tor of the Office of Management and Budget, shall 

14 issue regulations that— 

15 (A) identify key skills and competencies 

16 needed for a program and project manager in 

17 an agency; 

18 (B) establish a new job series, or update 

19 and improve an existing job series, for program 

20 and project management within an agency; and 

21 (C) establish a new career path for pro22 gram and project managers within an agency. 

23 (d) GAO REPORT ON EFFECTIVENESS OF POLICIES

24 ON PROGRAM AND PROJECT MANAGEMENT.—Not later 

25 than 3 years after the date of enactment of this Act, the 


emcdonald on DSK3SPTVN1PROD with BILLS
561 

HR 4909 PCS

1 Government Accountability Office shall issue, in conjunc2 tion with the High Risk list of the Government Account3 ability Office, a report examining the effectiveness of the 

4 following on improving Federal program and project man5 agement: 

6 (1) The standards, policies, and guidelines for 

7 program and project management issued under sec8 tion 503(c) of title 31, United States Code, as added 

9 by subsection (a)(1). 

10 (2) The 5-year strategic plan established under 

11 section 503(c)(1)(H) of title 31, United States Code, 

12 as added by subsection (a)(1). 

13 (3) Program Management Improvement Offi14 cers designated under section 1126(a)(1) of title 31, 

15 United States Code, as added by subsection (b)(1). 

16 (4) The Program Management Policy Council 

17 established under section 1126(b)(1) of title 31, 

18 United States Code, as added by subsection (b)(1). 

19 Subtitle H—United States Naval 

20 Station Guantanamo Bay Pres21 ervation Act 

22 SEC. 1099. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘United States 

24 Naval Station Guantanamo Bay Preservation Act’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
562 

HR 4909 PCS

1 SEC. 1099A. FINDINGS. 

2 Congress makes the following findings: 

3 (1) United States Naval Station, Guantanamo 

4 Bay, Cuba, has been a strategic military asset crit5 ical to the defense of the United States and the 

6 maintenance of regional security for more than a 

7 century. 

8 (2) The United States continues to exercise 

9 control over the area of United States Naval Sta10 tion, Guantanamo Bay, Cuba, pursuant to the 

11 Guantanamo Lease Agreements, which were initi12 ated and concluded pursuant to an Act of Congress. 

13 (3) Senior United States military leaders have 

14 consistently voiced strong support for maintaining 

15 United States Naval Station, Guantanamo Bay, 

16 Cuba, noting its strategic value for military basing 

17 and logistics, disaster relief, humanitarian work, ter18 rorist detention, and counter-narcotics purposes. 

19 (4) On February 29, 2016, Secretary of De20 fense Ashton B. Carter, discussing United States 

21 Naval Station, Guantanamo Bay, Cuba, stated that 

22 ‘‘it’s a strategic location, we’ve had it for a long 

23 time, it’s important to us and we intend to hold onto 

24 it’’. 

25 (5) On March 12, 2015, Commander of United 

26 States Southern Command, General John Kelly, tesVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
563 

HR 4909 PCS

1 tified that the United States facilities at Naval Sta2 tion Guantanamo Bay ‘‘are indispensable to the De3 partments of Defense, Homeland Security, and 

4 State’s operational and contingency plans. . . . As 

5 the only permanent U.S. military base in Latin 

6 America and the Caribbean, its location provides 

7 persistent U.S. presence and immediate access to the 

8 region, as well as supporting a layered defense to se9 cure the air and maritime approaches to the United 

10 States’’. 

11 (6) In testimony before Congress in 2012, then12 Commander of United States Southern Command, 

13 General Douglas Fraser, stated that ‘‘the strategic 

14 capability provided by U.S. Naval Station Guanta15 namo Bay remains essential for executing national 

16 priorities throughout the Caribbean, Latin America, 

17 and South America’’. 

18 (7) Following a 1991 coup in Haiti that 

19 prompted a mass exodus of people by boat, United 

20 States Naval Station, Guantanamo Bay, Cuba, pro21 vided a location for temporary housing and the or22 derly adjudication of asylum claims outside of the 

23 continental United States. 

24 (8) In 2010, United States Naval Station, 

25 Guantanamo Bay, Cuba, was a critical hub for the 


emcdonald on DSK3SPTVN1PROD with BILLS
564 

HR 4909 PCS

1 provision of humanitarian disaster relief following 

2 the devastating earthquakes in Haiti. 

3 (9) The United States presence at United 

4 States Naval Station, Guantanamo Bay, Cuba, has 

5 its origins in Acts of Congress undertaken pursuant 

6 to the powers of Congress expressly enumerated in 

7 the Constitution of the United States. 

8 (10) By joint resolution approved on April 20, 

9 1898, Congress ‘‘directed and empowered’’ the 

10 President ‘‘to use the entire land and naval forces 

11 of the United States’’ as necessary to ensure that 

12 the Government of Spain ‘‘relinquish its authority 

13 and government in the island of Cuba, and withdraw 

14 its land and naval forces from Cuba and Cuban 

15 waters’’. 

16 (11) Congress declared war against Spain on 

17 April 25, 1898, which lasted until December 10, 

18 1898, when the United States and Spain signed the 

19 Treaty of Paris, in which Spain relinquished all 

20 claims of sovereignty over Cuba, and United States 

21 governance of Cuba was established. 

22 (12) Nearly three years later, in the Act of 

23 March 2, 1901 (Chapter 803; 31 Stat. 898), Con24 gress granted the President the authority to return 

25 ‘‘the government and control of the island of Cuba 


emcdonald on DSK3SPTVN1PROD with BILLS
565 

HR 4909 PCS

1 to its people’’ subject to several express conditions 

2 including, in article VII of the Act of March 2, 

3 1901, the sale or lease by Cuba to the United States 

4 of lands necessary for naval stations. 

5 (13) Pursuant to the authority granted by arti6 cle VII of the Act of March 2, 1901, the United 

7 States negotiated the Guantanamo Lease Agree8 ments, which specified the area of, and United 

9 States jurisdiction and control over, what became 

10 United States Naval Station, Guantanamo Bay, 

11 Cuba. 

12 (14) On October 2, 1903, when approving the 

13 Lease to the United States by the Government of 

14 Cuba of Certain Areas of Land and Water for Naval 

15 or Coaling Stations, signed in Havana on July 2, 

16 1903, President Theodore Roosevelt cited the Act of 

17 March 2, 1901, as providing his authority to do so: 

18 ‘‘I, Theodore Roosevelt, President of the United 

19 States of America, having seen and considered the 

20 foregoing lease, do hereby approve the same, by vir21 tue of the authority conferred by the seventh of the 

22 provisions defining the relations which are to exist 

23 between the United States and Cuba, contained in 

24 the Act of Congress approved March 2, 1901, enti25 tled ‘An Act making appropriation for the support 


emcdonald on DSK3SPTVN1PROD with BILLS
566 

HR 4909 PCS

1 of the Army for the fiscal year ending June 30, 

2 1902.’ ’’. 

3 (15) Obtaining United States naval station 

4 rights in Cuba was an express condition of the au5 thority that Congress gave the President to return 

6 control and governance of Cuba to the people of 

7 Cuba. In exercising that authority and concluding 

8 the Guantanamo Lease Agreements, President Theo9 dore Roosevelt recognized the source of that author10 ity as the Act of March 2, 1901. 

11 (16) The Treaty of Relations between the 

12 United States of America and the Republic of Cuba, 

13 signed at Washington, May 29, 1934, did not super14 sede, abrogate, or modify the Guantanamo Lease 

15 Agreements, but noted that the stipulations of those 

16 agreements ‘‘shall continue in effect’’ until the 

17 United States and Cuba agree to modify them. 

18 (17) The Constitution of the United States ex19 pressly grants to Congress the power to provide for 

20 the common defense of the United States, the power 

21 to provide and maintain a Navy, and the power ‘‘to 

22 dispose of and make all needful Rules and Regula23 tions respecting the Territory or other Property be24 longing to the United States’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
567 

HR 4909 PCS

1 SEC. 1099B. PROHIBITION ON MODIFICATION, ABROGA2 TION, OR OTHER RELATED ACTIONS WITH 

3 RESPECT TO UNITED STATES JURISDICTION 

4 AND CONTROL OVER UNITED STATES NAVAL 

5 STATION, GUANTANAMO BAY, CUBA, WITH6 OUT CONGRESSIONAL ACTION. 

7 No action may be taken to modify, abrogate, or re8 place the stipulations, agreements, and commitments con9 tained in the Guantanamo Lease Agreements, or to impair 

10 or abandon the jurisdiction and control of the United 

11 States over United States Naval Station, Guantanamo 

12 Bay, Cuba, unless specifically authorized or otherwise pro13 vided by— 

14 (1) a statute that is enacted on or after the 

15 date of the enactment of this Act; 

16 (2) a treaty that is ratified with the advice and 

17 consent of the Senate on or after the date of the en18 actment of this Act; or 

19 (3) a modification of the Treaty Between the 

20 United States of America and Cuba signed at Wash21 ington, DC, on May 29, 1934, that is ratified with 

22 the advice and consent of the Senate on or after the 

23 date of the enactment of this Act. 

24 SEC. 1099C. GUANTANAMO LEASE AGREEMENTS DEFINED. 

25 In this subtitle, the term ‘‘Guantanamo Lease Agree26 ments’’ means— 


emcdonald on DSK3SPTVN1PROD with BILLS
568 

HR 4909 PCS

1 (1) the Agreement Between the United States 

2 of America and the Republic of Cuba for the Lease 

3 to the United States of Lands in Cuba for coaling 

4 and naval stations, signed by the President of the 

5 United States on February 23, 1903; and 

6 (2) the Lease to the United States by the Gov7 ernment of Cuba of Certain Areas of Land and 

8 Water for Naval or Coaling Stations, signed by the 

9 President of the United States on October 2, 1903. 

10 TITLE XI—CIVILIAN PERSONNEL 

11 MATTERS 

12 SEC. 1101. TEMPORARY DIRECT HIRE AUTHORITY FOR DO13 MESTIC DEFENSE INDUSTRIAL BASE FACILI14 TIES AND THE MAJOR RANGE AND TEST FA15 CILITIES BASE. 

16 (a) AUTHORITY.—During fiscal years 2017 and 

17 2018, the Secretary of Defense may appoint, without re18 gard to the provisions of subchapter I of chapter 33 of 

19 title 5, United States Code, other than sections 3303 and 

20 3328 of such title, qualified candidates to positions in the 

21 competitive service at any defense industrial base facility 

22 or the Major Range and Test Facilities Base or as a mili23 tary technician (dual status). 

24 (b) REPORT.—Not later than 60 days after the end 

25 of fiscal year 2018, the Secretary of Defense shall submit 


emcdonald on DSK3SPTVN1PROD with BILLS
569 

HR 4909 PCS

1 a report to the Committees on Armed Services of the 

2 House of Representatives and the Senate on the use of 

3 the authority provided under subsection (a). Such report 

4 shall include the total number of individuals appointed 

5 under such authority and the effectiveness of such author6 ity in fulfilling the manpower needs of the defense indus7 trial base facilities or the Major Range and Test Facilities 

8 Base. 

9 (c) DEFINITIONS.—In this section— 

10 (1) the term ‘‘defense industrial base facility’’ 

11 means any Department of Defense depot, arsenal, or 

12 shipyard located within the United States; and 

13 (2) the term ‘‘military technician (dual status)’’ 

14 has the meaning given such term in section 10216 

15 of title 10, United States Code. 

16 SEC. 1102. TEMPORARY PERSONNEL FLEXIBILITIES FOR 

17 DOMESTIC DEFENSE INDUSTRIAL BASE FA18 CILITIES AND MAJOR RANGE AND TEST FA19 CILITIES BASE CIVILIAN PERSONNEL. 

20 (a) IN GENERAL.—Notwithstanding chapter 33 of 

21 title 5, United States Code, or any other provision of law 

22 relating to the examination, certification, and appointment 

23 of individuals in the competitive service, during fiscal 

24 years 2017 and 2018, an employee of a defense industrial 

25 base facility or the Major Range and Test Facilities Base 


emcdonald on DSK3SPTVN1PROD with BILLS
570 

HR 4909 PCS

1 serving under a time-limited appointment in the competi2 tive service is eligible to compete for a permanent appoint3 ment in the competitive service at (A) any such facility, 

4 Base, or any other component of the Department of De5 fense when such facility, Base, or component (as the case 

6 may be) is accepting applications from individuals within 

7 the facility, Base, or component’s workforce under merit 

8 promotion procedures, or (B) any agency when the agency 

9 is accepting applications from individuals outside its own 

10 workforce under merit promotion procedures of the appli11 cable agency, if— 

12 (1) the employee was appointed initially under 

13 open, competitive examination under subchapter I of 

14 chapter 33 of such title to the time-limited appoint15 ment; 

16 (2) the employee has served under 1 or more 

17 time-limited appointments by a defense industrial 

18 base facility or the Major Range and Test Facilities 

19 Base for a period or periods totaling more than 24 

20 months without a break of 2 or more years; and 

21 (3) the employee’s performance has been at an 

22 acceptable level of performance throughout the pe23 riod or periods (as the case may be) referred to in 

24 paragraph (2). 


emcdonald on DSK3SPTVN1PROD with BILLS
571 

HR 4909 PCS

1 (b) WAIVER OF AGE REQUIREMENT.—In deter2 mining the eligibility of a time-limited employee under this 

3 section to be examined for or appointed in the competitive 

4 service, the Office of Personnel Management or other ex5 amining agency shall waive requirements as to age, unless 

6 the requirement is essential to the performance of the du7 ties of the position. 

8 (c) STATUS.—An individual appointed under this sec9 tion— 

10 (1) becomes a career-conditional employee, un11 less the employee has otherwise completed the serv12 ice requirements for career tenure; and 

13 (2) acquires competitive status upon appoint14 ment. 

15 (d) FORMER EMPLOYEES.—A former employee of a 

16 defense industrial base facility or the Major Range and 

17 Test Facilities Base who served under a time-limited ap18 pointment and who otherwise meets the requirements of 

19 this section shall be deemed a time-limited employee for 

20 purposes of this section if— 

21 (1) such employee applies for a position covered 

22 by this section within the period of 2 years after the 

23 most recent date of separation; and 

24 (2) such employee’s most recent separation was 

25 for reasons other than misconduct or performance. 


emcdonald on DSK3SPTVN1PROD with BILLS
572 

HR 4909 PCS

1 (e) DEFINITION.—In this section, the term ‘‘defense 

2 industrial base facility’’ means any Department of De3 fense depot, arsenal, or shipyard located within the United 

4 States. 

5 SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR6 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

7 GRATUITIES TO CIVILIAN PERSONNEL ON OF8 FICIAL DUTY IN A COMBAT ZONE. 

9 Paragraph (2) of section 1603(a) of the Emergency 

10 Supplemental Appropriations Act for Defense, the Global 

11 War on Terror, and Hurricane Recovery, 2006 (Public 

12 Law 109–234; 120 Stat. 443), as added by section 1102 

13 of the Duncan Hunter National Defense Authorization 

14 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

15 4616) and as most recently amended by section 1102 of 

16 the National Defense Authorization Act for Fiscal Year 

17 2016 (Public Law 114–92; 129 Stat. 1022), is further 

18 amended by striking ‘‘2017’’ and inserting ‘‘2018’’. 

19 SEC. 1104. ADVANCE PAYMENTS FOR EMPLOYEES RELO20 CATING WITHIN THE UNITED STATES AND ITS 

21 TERRITORIES. 

22 (a) IN GENERAL.—Subsection (a) of section 5524a 

23 of title 5, United States Code, is amended— 

24 (1) by striking ‘‘(a) The head’’ and inserting 

25 ‘‘(a)(1) The head’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
573 

HR 4909 PCS

1 (2) by adding at the end the following: 

2 ‘‘(2) The head of each agency may provide for the 

3 advance payment of basic pay, covering not more than 6 

4 pay periods, to an employee who is assigned to a position 

5 in the agency that is located— 

6 ‘‘(A) outside of the employee’s commuting area; 

7 and 

8 ‘‘(B) in the United States, the Commonwealth 

9 of Puerto Rico, the Commonwealth of the Northern 

10 Mariana Islands, or any territory or possession of 

11 the United States.’’. 

12 (b) CONFORMING AMENDMENTS.—Subsection (b) of 

13 such section is amended— 

14 (1) in paragraph (1), by inserting ‘‘or assigned’’ 

15 after ‘‘appointed’’; and 

16 (2) in paragraph (2)(B)— 

17 (A) by inserting ‘‘or assignment’’ after 

18 ‘‘appointment’’; and 

19 (B) by inserting ‘‘or assigned’’ after ‘‘ap20 pointed’’. 

21 (c) CLERICAL AMENDMENTS.— 

22 (1) SECTION HEADING.—The heading of such 

23 section is amended by inserting ‘‘and employees 

24 relocating within the United States and 

25 its territories’’ after ‘‘appointees’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
574 

HR 4909 PCS

1 (2) TABLE OF SECTIONS.—The item relating to 

2 such section in the table of sections of chapter 55 

3 of such title is amended to read as follows: 

‘‘5524a. Advance payments for new appointees and employees relocating within 

the United States and its territories.’’. 

4 SEC. 1105. PERMANENT AUTHORITY FOR ALTERNATIVE 

5 PERSONNEL PROGRAM FOR SCIENTIFIC AND 

6 TECHNICAL PERSONNEL. 

7 (a) PERMANENT AUTHORITY AND CODIFICATION.— 

8 Chapter 81 of title 10, United States Code, is amended 

9 by inserting after section 1589 a new section 1590 con10 sisting of— 

11 (1) a heading as follows: 

12 ‘‘§ 1590. Alternative personnel program for scientific 

13 and technical personnel’’; and 

14 (2) a text consisting of the text of subsection 

15 (a), (b), (c), and (d) of section 1101 of the Strom 

16 Thurmond National Defense Authorization Act for 

17 Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 

18 3104 note). 

19 (b) CONFORMING AMENDMENTS.—Section 1590 of 

20 title 10, United States Code, as added by subsection (a), 

21 is amended— 

22 (1) in subsection (a)— 


emcdonald on DSK3SPTVN1PROD with BILLS
575 

HR 4909 PCS

1 (A) by striking ‘‘During the program pe2 riod specified in subsection (e)(1), the’’ and in3 serting ‘‘The’’; and 

4 (B) by striking ‘‘of experimental use of’’ 

5 and inserting ‘‘to use’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘, United States Code,’’ in 

8 paragraph (1); and 

9 (B) by striking ‘‘United States Code,’’ in 

10 paragraph (2); and 

11 (3) in subsection (d), by striking ‘‘, United 

12 States Code’’ in paragraphs (2) and (3) each place 

13 it appears. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 81 of such title is amended 

16 by inserting after the item relating to section 1589 the 

17 following new item: 

‘‘1590. Alternative personnel program for scientific and technical personnel.’’. 

18 (d) CONFORMING REPEAL.—Section 1101 of the 

19 Strom Thurmond National Defense Authorization Act for 

20 Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 

21 note) is repealed. 


emcdonald on DSK3SPTVN1PROD with BILLS
576 

HR 4909 PCS

1 SEC. 1106. MODIFICATION TO INFORMATION TECHNOLOGY 

2 PERSONNEL EXCHANGE PROGRAM. 

3 Section 1110 of the National Defense Authorization 

4 Act for Fiscal Year 2010 (Public Law 111–84; 5 U.S.C. 

5 3702 note) is amended— 

6 (1) in the section heading, by inserting 

7 ‘‘CYBER AND’’ before ‘‘INFORMATION’’. 

8 (2) in subsections (a)(1)(A), (a)(1)(C), and 

9 (g)(2), by inserting ‘‘cyber operations or’’ before ‘‘in10 formation’’; 

11 (3) in subsection (g)(1), by inserting ‘‘to or’’ 

12 before ‘‘from’’; and 

13 (4) in subsection (h), by striking ‘‘10’’ and in14 serting ‘‘50’’. 

15 SEC. 1107. TREATMENT OF CERTAIN LOCALITIES FOR CAL16 CULATION OF PER DIEM ALLOWANCES. 

17 (a) IN GENERAL.—Pursuant to section 5707 of title 

18 5, United States Code, the Administrator of General Serv19 ices shall prescribe such regulations as are necessary to 

20 provide that, with respect to per diem rates for Ohio, the 

21 locality described as Dayton/Fairborn and the locality de22 scribed as Cincinnati are considered 1 locality for purposes 

23 of establishing per diem allowance or maximum amount 

24 of reimbursement under section 5702(a)(2) of such title. 

25 (b) EFFECTIVE DATE.—The adjustment of the treat26 ment of localities described under subsection (a) shall be 


emcdonald on DSK3SPTVN1PROD with BILLS
577 

HR 4909 PCS

1 effective on the same date as the application of the first 

2 recalculation of per diem allowances by the Administrator 

3 that occurs after the date of enactment of this Act. 

4 SEC. 1108. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED 

5 APPOINTMENT TO COMPETE FOR A PERMA6 NENT APPOINTMENT AT ANY FEDERAL AGEN7 CY. 

8 Section 9602 of title 5, United States Code, is 

9 amended— 

10 (1) in subsection (a) by striking ‘‘any land 

11 management agency or any other agency (as defined 

12 in section 101 of title 31) under the internal merit 

13 promotion procedures of the applicable agency’’ and 

14 inserting ‘‘such land management agency when such 

15 agency is accepting applications from individuals 

16 within the agency’s workforce under merit promotion 

17 procedures, or any agency, including a land manage18 ment agency, when the agency is accepting applica19 tions from individuals outside its own workforce 

20 under the merit promotion procedures of the appli21 cable agency’’; and 

22 (2) in subsection (d) by inserting ‘‘of the agen23 cy from which the former employee was most re24 cently separated’’ after ‘‘deemed a time-limited em25 ployee’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
578 

HR 4909 PCS

1 SEC. 1109. LIMITATION ON ADMINISTRATIVE LEAVE. 

2 (a) IN GENERAL.—Subchapter II of chapter 63 of 

3 title 5, United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 6330. Limitation on administrative leave 

6 ‘‘(a) IN GENERAL.—During any calendar year, an 

7 employee may not be placed on administrative leave, or 

8 any other paid non-duty status without charge to leave, 

9 for more than 14 total days for reasons relating to mis10 conduct or performance. After an employee has been 

11 placed on administrative leave for 14 days, the employing 

12 agency shall return the employee to duty status, utilizing 

13 telework if available, and assign the employee to duties 

14 if such employee is not a threat to safety, the agency mis15 sion, or Government property. 

16 ‘‘(b) EXTENDED ADMINISTRATIVE LEAVE.— 

17 ‘‘(1) IN GENERAL.—If an agency finds that an 

18 employee is a threat to safety, the agency mission, 

19 or Government property and upon the expiration of 

20 the 14-day period described in subsection (a), an 

21 agency head may place the employee on extended ad22 ministrative leave for additional periods of not more 

23 than 30 days each. 

24 ‘‘(2) REPORT.—For any additional period of 30 

25 days granted to the employee after the initial 30-day 

26 extension, the agency head shall submit to the ComVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
579 

HR 4909 PCS

1 mittee on Oversight and Government Reform in the 

2 House of Representatives, the agency’s authorizing 

3 committees of jurisdiction of the House of Rep4 resentatives and the Senate, and the Committee on 

5 Homeland Security and Governmental Affairs of the 

6 Senate a report, not later than 5 business days after 

7 granting the additional period, containing— 

8 ‘‘(A) title, position, office or agency sub9 component, job series, pay grade, and salary of 

10 the employee on administrative leave; 

11 ‘‘(B) a description of the work duties of 

12 the employee; 

13 ‘‘(C) the reason the employee is on admin14 istrative leave; 

15 ‘‘(D) an explanation as to why the em16 ployee is a threat to safety, the agency mission, 

17 or Government property; 

18 ‘‘(E) an explanation as to why the em19 ployee is not able to telework or be reassigned 

20 to another position within the agency; 

21 ‘‘(F) in the case of a pending related inves22 tigation of the employee— 

23 ‘‘(i) the status of such investigation; 

24 and 


emcdonald on DSK3SPTVN1PROD with BILLS
580 

HR 4909 PCS

1 ‘‘(ii) the certification described in sub2 section (c)(1); and 

3 ‘‘(G) in the case of a completed related in4 vestigation of the employee— 

5 ‘‘(i) the results of such investigation; 

6 and 

7 ‘‘(ii) the reason that the employee re8 mains on administrative leave. 

9 ‘‘(c) EXTENSION PENDING RELATED INVESTIGA10 TION.— 

11 ‘‘(1) IN GENERAL.—If an employee is under a 

12 related investigation by an investigative entity at the 

13 time an additional period described under subsection 

14 (b)(2) is granted and, in the opinion of the inves15 tigative entity, additional time is needed to complete 

16 the investigation, such entity shall certify to the ap17 plicable agency that such additional time is needed 

18 and include in the certification an estimate of the 

19 length of such additional time. 

20 ‘‘(2) LIMITATION.—The head of an agency may 

21 not grant an additional period of administrative 

22 leave described under subsection (b)(2) to an em23 ployee on or after the date that is 30 days after the 

24 completion of a related investigation by an investiga25 tive entity. 


emcdonald on DSK3SPTVN1PROD with BILLS
581 

HR 4909 PCS

1 ‘‘(d) DEFINITIONS.—In this section, the following 

2 definitions apply: 

3 ‘‘(1) INVESTIGATIVE ENTITY.—The term ‘inves4 tigative entity’ means an internal investigative unit 

5 of the agency granting administrative leave, the Of6 fice of Inspector General, the Office of the Attorney 

7 General, or the Office of Special Counsel. 

8 ‘‘(2) RELATED INVESTIGATION.—The term ‘re9 lated investigation’ means an investigation that per10 tains to the underlying reasons an employee was 

11 placed on administrative leave.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall begin to apply 90 days after the date 

14 of enactment of this Act. 

15 (c) RULES OF CONSTRUCTION.—Nothing in the 

16 amendment made by subsection (a) shall be construed 

17 to— 

18 (1) supersede the provisions of chapter 75 of 

19 title 5, United States Code; or 

20 (2) limit the number of days that an employee 

21 may be placed on administrative leave, or any other 

22 paid non-duty status without charge to leave, for 

23 reasons unrelated to misconduct or performance. 

24 (d) CLERICAL AMENDMENT.—The table of sections 

25 for subchapter II of chapter 63 of title 5, United States 


emcdonald on DSK3SPTVN1PROD with BILLS
582 

HR 4909 PCS

1 Code, is amended by adding after the item relating to sec2 tion 6329 the following new item: 

‘‘6330. Limitation on administrative leave.’’. 

3 SEC. 1110. RECORD OF INVESTIGATION OF PERSONNEL AC4 TION IN SEPARATED EMPLOYEE’S OFFICIAL 

5 PERSONNEL FILE. 

6 (a) IN GENERAL.—Subchapter I of chapter 33 of title 

7 5, United States Code, is amended by inserting after sec8 tion 3321 the following: 

9 ‘‘§ 3322. Voluntary separation before resolution of 

10 personnel investigation 

11 ‘‘(a) With respect to any employee occupying a posi12 tion in the competitive service or the excepted service who 

13 is the subject of a personnel investigation and resigns from 

14 Government employment prior to the resolution of such 

15 investigation, the head of the agency from which such em16 ployee so resigns shall, if an adverse finding was made 

17 with respect to such employee pursuant to such investiga18 tion, make a permanent notation in the employee’s official 

19 personnel record file. The head shall make such notation 

20 not later than 40 days after the date of the resolution of 

21 such investigation. 

22 ‘‘(b) Prior to making a permanent notation in an em23 ployee’s official personnel record file under subsection (a), 

24 the head of the agency shall— 


emcdonald on DSK3SPTVN1PROD with BILLS
583 

HR 4909 PCS

1 ‘‘(1) notify the employee in writing within 5 

2 days of the resolution of the investigation and pro3 vide such employee a copy of the adverse finding and 

4 any supporting documentation; 

5 ‘‘(2) provide the employee with a reasonable 

6 time, but not less than 30 days, to respond in writ7 ing and to furnish affidavits and other documentary 

8 evidence to show why the adverse finding was un9 founded (a summary of which shall be included in 

10 any notation made to the employee’s personnel file 

11 under subsection (d)); and 

12 ‘‘(3) provide a written decision and the specific 

13 reasons therefore to the employee at the earliest 

14 practicable date. 

15 ‘‘(c) An employee is entitled to appeal the decision 

16 of the head of the agency to make a permanent notation 

17 under subsection (a) to the Merit Systems Protection 

18 Board under section 7701. 

19 ‘‘(d)(1) If an employee files an appeal with the Merit 

20 Systems Protection Board pursuant to subsection (c), the 

21 agency head shall make a notation in the employee’s offi22 cial personnel record file indicating that an appeal dis23 puting the notation is pending not later than 2 weeks after 

24 the date on which such appeal was filed. 


emcdonald on DSK3SPTVN1PROD with BILLS
584 

HR 4909 PCS

1 ‘‘(2) If the head of the agency is the prevailing party 

2 on appeal, not later than 2 weeks after the date that the 

3 Board issues the appeal decision, the head of the agency 

4 shall remove the notation made under paragraph (1) from 

5 the employee’s official personnel record file. 

6 ‘‘(3) If the employee is the prevailing party on appeal, 

7 not later than 2 weeks after the date that the Board issues 

8 the appeal decision, the head of the agency shall remove 

9 the notation made under paragraph (1) and the notation 

10 of an adverse finding made under subsection (a) from the 

11 employee’s official personnel record file. 

12 ‘‘(e) In this section, the term ‘personnel investigation’ 

13 includes— 

14 ‘‘(1) an investigation by an Inspector General; 

15 and 

16 ‘‘(2) an adverse personnel action as a result of 

17 performance, misconduct, or for such cause as will 

18 promote the efficiency of the service under chapter 

19 43 or chapter 75.’’. 

20 (b) APPLICATION.—The amendment made by sub21 section (a) shall apply to any employee described in section 

22 3322 of title 5, United States Code, (as added by such 

23 subsection) who leaves the service after the date of enact24 ment of this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
585 

HR 4909 PCS

1 (c) CLERICAL AMENDMENT.—The table of sections 

2 of subchapter I of chapter 33 of title 5, United States 

3 Code, is amended by inserting after the item relating to 

4 section 3321 the following: 

‘‘3322. Voluntary separation before resolution of personnel investigation.’’. 

5 SEC. 1111. REVIEW OF OFFICIAL PERSONNEL FILE OF 

6 FORMER FEDERAL EMPLOYEES BEFORE RE7 HIRING. 

8 (a) IN GENERAL.—Subchapter I of chapter 33 of title 

9 5, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘§ 3330e. Review of official personnel file of former 

12 Federal employees before rehiring 

13 ‘‘(a) If a former Government employee is a candidate 

14 for a position within the competitive service or the ex15 cepted service, prior to making any determination with re16 spect to the appointment or reinstatement of such em17 ployee to such position, the appointing authority shall re18 view and consider the information relating to such employ19 ee’s former period or periods of service in such employee’s 

20 official personnel record file. 

21 ‘‘(b) In subsection (a), the term ‘former Government 

22 employee’ means an individual whose most recent position 

23 with the Government prior to becoming a candidate as de24 scribed under subsection (a) was within the competitive 

25 service or the excepted service. 


emcdonald on DSK3SPTVN1PROD with BILLS
586 

HR 4909 PCS

1 ‘‘(c) The Office of Personnel Management shall pre2 scribe regulations to carry out the purpose of this sec3 tion.’’. 

4 (b) APPLICATION.—The amendment made by sub5 section (a) shall apply to any former Government em6 ployee (as described in section 3330e of title 5, United 

7 States Code, as added by such subsection) appointed or 

8 reinstated on or after the date that is 180 days after the 

9 date of enactment of this Act. 

10 (c) CLERICAL AMENDMENT.—The table of sections 

11 of subchapter I of chapter 33 of title 5, United States 

12 Code, is amended by adding at the end the following: 

‘‘3330e. Review of official personnel file of former Federal employees before rehiring.’’. 

13 SEC. 1112. REPORT ON DEPARTMENT OF DEFENSE CIVIL14 IAN WORKFORCE PERSONNEL AND CONTRAC15 TORS. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) A large, disproportionate, and duplicative 

18 civilian work force coupled with bureaucratic, struc19 tural inefficiencies has detracted from the Penta20 gon’s production of combat power and its ability to 

21 modernize. 

22 (2) The recent uniformed military drawdown 

23 has not been accompanied by an equivalent reduc24 tion of either the civilian or contractor work force. 


emcdonald on DSK3SPTVN1PROD with BILLS
587 

HR 4909 PCS

1 Right sizing the civilian workforce must be statutory 

2 in number but implemented with executive discre3 tion. Across-the-board cuts to the defense civilian 

4 workforce are not the answer. 

5 (3) Spending on contract services is over 50 

6 percent of all Department of Defense purchases even 

7 as the total defense budget has dropped. Expendi8 tures in services contracting lack appropriate over9 sight, accountability, and scrutiny. 

10 (b) REPORTS.— 

11 (1) IN GENERAL.—The Secretary of Defense 

12 shall submit a preliminary report within 90 days 

13 after the date of the enactment of this Act, and a 

14 final report within 180 days after such date, to the 

15 congressional defense committees detailing the struc16 ture and number of the civilian workforce and con17 tractors of the Department of Defense. 

18 (2) CONTENTS.—Except as provided in para19 graph (3), each report shall include the following for 

20 each of fiscal years 2017 through 2020, including a 

21 breakdown in location, job function, General Sched22 ule (GS) level, and date of when the job was created 

23 for the following individuals: 

24 (A) The total number of full time equiva25 lent employees, including each of the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
588 

HR 4909 PCS

1 (i) The total number of Senior Execu2 tive Service employees and their assign3 ments. 

4 (ii) The total number of civilian em5 ployees of the Department of Defense 

6 within the military health care system. 

7 (iii) The total number of civilian em8 ployees of the Department employed at de9 pots, arsenals, and ammunition facilities. 

10 (B) The total number of civilian contrac11 tors of the Department of Defense, including 

12 each of the following: 

13 (i) The total number of civilian con14 tractors for weapons acquisitions. 

15 (ii) The total number of civilian con16 tractors for services or labor for non-weap17 on systems acquisitions. 

18 (iii) The total number of civilian con19 tractors employed at depots, arsenals, and 

20 ammunition facilities. 

21 (3) PRELIMINARY REPORT.—The preliminary 

22 report provided under this subsection— 

23 (A) shall cover the contents described in 

24 paragraph (2) in as much detail as is ascertainVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
589 

HR 4909 PCS

1 able within 90 days after the date of the enact2 ment of this Act; and 

3 (B) shall include an explanation of any im4 pediments to developing a complete and final 

5 report by 180 days after such date of enact6 ment. 

7 SEC. 1113. PUBLIC-PRIVATE TALENT EXCHANGE. 

8 (a) AUTHORITY.—Chapter 81 of title 10, United 

9 States Code, as amended by section 1105 of this Act, is 

10 further amended by adding at the end the following new 

11 section: 

12 ‘‘§ 1599g. Public-private talent exchange 

13 ‘‘(a) ASSIGNMENT AUTHORITY.—Under regulations 

14 prescribed by the Secretary of Defense, the Secretary may, 

15 with the agreement of a private-sector organization and 

16 the consent of the employee, arrange for the temporary 

17 assignment of an employee to such private-sector organi18 zation, or from such private-sector organization to a De19 partment of Defense organization under this section. 

20 ‘‘(b) AGREEMENTS.—(1) The Secretary of Defense 

21 shall provide for a written agreement among the Depart22 ment of Defense, the private-sector organization, and the 

23 employee concerned regarding the terms and conditions of 

24 the employee’s assignment under this section. The agree25 ment— 


emcdonald on DSK3SPTVN1PROD with BILLS
590 

HR 4909 PCS

1 ‘‘(A) shall require that the employee of the De2 partment of Defense, upon completion of the assign3 ment, will serve in the Department of Defense, or 

4 elsewhere in the civil service if approved by the Sec5 retary, for a period equal to the length of the assign6 ment; and 

7 ‘‘(B) shall provide that if the employee of the 

8 Department of Defense or of the private-sector orga9 nization (as the case may be) fails to carry out the 

10 agreement, such employee shall be liable to the 

11 United States for payment of all expenses of the as12 signment, unless that failure was for good and suffi13 cient reason, as determined by the Secretary of De14 fense. 

15 ‘‘(2) An amount for which an employee is liable under 

16 paragraph (1) shall be treated as a debt due the United 

17 States. 

18 ‘‘(3) The Secretary may waive, in whole or in part, 

19 collection of a debt described in paragraph (2) based on 

20 a determination that the collection would be against equity 

21 and good conscience and not in the best interests of the 

22 United States, after taking into account any indication of 

23 fraud, misrepresentation, fault, or lack of good faith on 

24 the part of the employee. 


emcdonald on DSK3SPTVN1PROD with BILLS
591 

HR 4909 PCS

1 ‘‘(c) TERMINATION.—An assignment under this sec2 tion may, at any time and for any reason, be terminated 

3 by the Department of Defense or the private-sector orga4 nization concerned. 

5 ‘‘(d) DURATION.—An assignment under this section 

6 shall be for a period of not less than 3 months and not 

7 more than one year, renewable up to a total of 4 years. 

8 No employee of the Department of Defense may be as9 signed under this section for more than a total of 4 years 

10 inclusive of all such assignments. 

11 ‘‘(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO

12 PRIVATE-SECTOR ORGANIZATIONS.—An employee of the 

13 Department of Defense who is assigned to a private-sector 

14 organization under this section shall be considered, during 

15 the period of assignment, to be on detail to a regular work 

16 assignment in the Department for all purposes. The writ17 ten agreement established under subsection (b)(1) shall 

18 address the specific terms and conditions related to the 

19 employee’s continued status as a Federal employee. 

20 ‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR

21 EMPLOYEES.—An employee of a private-sector organiza22 tion who is assigned to a Department of Defense organiza23 tion under this section— 

24 ‘‘(1) shall continue to receive pay and benefits 

25 from the private-sector organization from which such 


emcdonald on DSK3SPTVN1PROD with BILLS
592 

HR 4909 PCS

1 employee is assigned and shall not receive pay or 

2 benefits from the Department of Defense, except as 

3 provided in paragraph (2); 

4 ‘‘(2) is deemed to be an employee of the De5 partment of Defense for the purposes of— 

6 ‘‘(A) chapters 73 and 81 of title 5; 

7 ‘‘(B) sections 201, 203, 205, 207, 208, 

8 209, 603, 606, 607, 643, 654, 1905, and 1913 

9 of title 18; 

10 ‘‘(C) sections 1343, 1344, and 1349(b) of 

11 title 31; 

12 ‘‘(D) the Federal Tort Claims Act and any 

13 other Federal tort liability statute; 

14 ‘‘(E) the Ethics in Government Act of 

15 1978; and 

16 ‘‘(F) chapter 21 of title 41; 

17 ‘‘(3) shall not have access to any trade secrets 

18 or to any other nonpublic information which is of 

19 commercial value to the private-sector organization 

20 from which such employee is assigned. 

21 ‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN

22 COSTS TO THE FEDERAL GOVERNMENT.—A private-sec23 tor organization may not charge the Department of any 

24 other agency of the Federal Government, as direct or indi25 rect costs under a Federal contract, the costs of pay or 


emcdonald on DSK3SPTVN1PROD with BILLS
593 

HR 4909 PCS

1 benefits paid by the organization to an employee assigned 

2 to a Department organization under this section for the 

3 period of the assignment. 

4 ‘‘(h) CONSIDERATIONS.—In carrying out this section, 

5 the Secretary of Defense— 

6 ‘‘(1) shall ensure that, of the assignments made 

7 under this section each year, at least 20 percent are 

8 from small business concerns (as defined by section 

9 3703(e)(2)(A) of title 5); 

10 ‘‘(2) shall take into consideration the question 

11 of how assignments under this section might best be 

12 used to help meet the needs of the Department of 

13 Defense with respect to the training of employees; 

14 and 

15 ‘‘(3) shall take into consideration, where appli16 cable, areas of particular private sector expertise, 

17 such as cybersecurity.’’. 

18 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

19 sections at the beginning of such chapter, as amended by 

20 section 1105 of this Act, is further amended by adding 

21 at the end the following new item: 

‘‘1599g. Public-private talent exchange.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
594 

HR 4909 PCS

1 TITLE XII—MATTERS RELATING 

2 TO FOREIGN NATIONS 

3 Subtitle A—Assistance and 

4 Training 

5 SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT 

6 FOR COALITION FORCES SUPPORTING CER7 TAIN UNITED STATES MILITARY OPER8 ATIONS. 

9 Section 1234 of the National Defense Authorization 

10 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

11 394), as most recently amended by section 1201 of the 

12 National Defense Authorization Act for Fiscal Year 2016 

13 (Public Law 114–92; 129 Stat. 1035), is further amend14 ed— 

15 (1) in subsection (a), by striking ‘‘fiscal year 

16 2016’’ and inserting ‘‘fiscal year 2017’’; 

17 (2) in subsection (d), by striking ‘‘during the 

18 period beginning on October 1, 2015, and ending on 

19 December 31, 2016’’ and inserting ‘‘during the pe20 riod beginning on October 1, 2016, and ending on 

21 December 31, 2017’’; and 

22 (3) in subsection (e)(1), by striking ‘‘December 

23 31, 2016’’ and inserting ‘‘December 31, 2017’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
595 

HR 4909 PCS

1 SEC. 1202. EXTENSION OF AUTHORITY FOR TRAINING OF 

2 GENERAL PURPOSE FORCES OF THE UNITED 

3 STATES ARMED FORCES WITH MILITARY AND 

4 OTHER SECURITY FORCES OF FRIENDLY 

5 FOREIGN COUNTRIES. 

6 Section 1203(h) of the National Defense Authoriza7 tion Act for Fiscal Year 2014 (Public Law 113–66; 127 

8 Stat. 894; 10 U.S.C. 2011 note) is amended by striking 

9 ‘‘September 30, 2017’’ and inserting ‘‘December 31, 

10 2019’’. 

11 SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORITY 

12 TO CONDUCT ACTIVITIES TO ENHANCE THE 

13 CAPABILITY OF FOREIGN COUNTRIES TO RE14 SPOND TO INCIDENTS INVOLVING WEAPONS 

15 OF MASS DESTRUCTION. 

16 (a) LIMITATION ON AVAILABILITY OF AUTHORITY

17 FOR OTHER COUNTRIES.—Subsection (b) of section 1204 

18 of the National Defense Authorization Act for Fiscal Year 

19 2014 (Public Law 113–66; 127 Stat. 896; 10 U.S.C. 401 

20 note) is amended by striking ‘‘of the Secretary’s inten21 tion’’ and inserting ‘‘not later than 48 hours after the Sec22 retary makes a determination’’. 

23 (b) AVAILABILITY OF FUNDS.—Subsection (d)(1) of 

24 such section is amended to read as follows: 

25 ‘‘(1) FUNDS AVAILABLE.—Of the funds author26 ized to be appropriated for the Department of DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
596 

HR 4909 PCS

1 fense for Operation and Maintenance, Defense-wide, 

2 and available for the Defense Threat Reduction 

3 Agency for a fiscal year, not more than $20,000,000 

4 may be made available for assistance under this sec5 tion for such fiscal year.’’. 

6 (c) NOTICE TO CONGRESS ON CERTAIN ASSIST7 ANCE.—Subsection (e) of such section, as amended by sec8 tion 1202 of the Carl Levin and Howard P. ‘‘Buck’’ 

9 McKeon National Defense Authorization Act for Fiscal 

10 Year 2015 (Public Law 113–291; 128 Stat. 3530), is fur11 ther amended— 

12 (1) by striking ‘‘If the amount’’ and inserting 

13 ‘‘If the Secretary of Defense determines that the 

14 amount’’; 

15 (2) by striking ‘‘the Secretary of Defense shall 

16 notify’’ and inserting ‘‘the Secretary shall notify’’; 

17 and 

18 (3) by striking ‘‘of that fact’’ and inserting ‘‘of 

19 such determination not later than 48 hours after 

20 making the determination’’. 

21 (d) EXPIRATION.—Subsection (h) of such section, as 

22 amended by section 1273 of the National Defense Author23 ization Act for Fiscal Year 2016 (Public Law 114–92; 129 

24 Stat. 1076), is further amended by striking ‘‘September 

25 30, 2019’’ and inserting ‘‘September 30, 2020’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
597 

HR 4909 PCS

1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section take effect on the date of the enactment of 

3 this Act and apply with respect to assistance authorized 

4 to be provided under subsection (a) of section 1204 of the 

5 National Defense Authorization Act for Fiscal Year 2014 

6 on or after such date of enactment. 

7 SEC. 1204. EXTENSION OF AUTHORITY FOR SUPPORT OF 

8 SPECIAL OPERATIONS TO COMBAT TER9 RORISM. 

10 Subsection (h) of section 1208 of the Ronald W. 

11 Reagan National Defense Authorization Act for Fiscal 

12 Year 2005 (Public Law 108–375; 118 Stat. 2086), as 

13 most recently amended by section 1208(b) of the Carl 

14 Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

15 Authorization Act for Fiscal Year 2015 (Public Law 113– 

16 291; 128 Stat. 3541), is further amended by striking 

17 ‘‘2017’’ and inserting ‘‘2020’’. 

18 SEC. 1205. MODIFICATION AND CODIFICATION OF REPORT19 ING REQUIREMENTS RELATING TO SECURITY 

20 COOPERATION AUTHORITIES. 

21 (a) ANNUAL REPORT REQUIRED.—Subsection (a) of 

22 section 1211 of the Carl Levin and Howard P. ‘‘Buck’’ 

23 McKeon National Defense Authorization Act for Fiscal 

24 Year 2015 (Public Law 113–291; 128 Stat. 3544) is 

25 amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
598 

HR 4909 PCS

1 (1) by striking ‘‘BIENNIAL’’ and all that follows 

2 through ‘‘the Secretary of Defense’’ and inserting 

3 ‘‘ANNUAL REPORT REQUIRED.—Not later than Jan4 uary 31 of each year through January 31, 2021, the 

5 Secretary of Defense’’; 

6 (2) by striking ‘‘congressional defense commit7 tees’’ and inserting ‘‘appropriate congressional com8 mittees’’; 

9 (3) by striking ‘‘security assistance’’ and insert10 ing ‘‘assistance’’; and 

11 (4) by striking ‘‘the two fiscal years’’ and in12 serting ‘‘the fiscal year’’. 

13 (b) ELEMENTS OF REPORT.—Subsection (b) of such 

14 section is amended— 

15 (1) in paragraph (1), by inserting ‘‘, duration,’’ 

16 after ‘‘purpose’’; 

17 (2) in paragraph (2), by striking ‘‘The cost’’ 

18 and inserting ‘‘The cost and expenditures’’; 

19 (3) by adding at the end the following: 

20 ‘‘(4) For each foreign country in which the 

21 training, equipment, or other assistance or reim22 bursement was provided, a description of the extent 

23 of participation, if any, by the military forces and 

24 security forces or other government organizations of 

25 such foreign country. 


emcdonald on DSK3SPTVN1PROD with BILLS
599 

HR 4909 PCS

1 ‘‘(5) The number of members of the Armed 

2 Forces involved in providing such training, equip3 ment, or assistance and a description of the military 

4 benefits for such members involved in providing such 

5 training, equipment or assistance. 

6 ‘‘(6) A summary, by authority, of the activities 

7 carried out under each authority specified in sub8 section (c).’’. 

9 (c) MODIFICATION TO SPECIFIED AUTHORITIES.— 

10 Subsection (c) of such section is amended— 

11 (1) by striking paragraph (1) and inserting the 

12 following: 

13 ‘‘(1) Sections 256, 263, 271, 272, 273, 281, 

14 284, 285, 286, and 287.’’. 

15 (2) by striking paragraphs (4), (5), (7), and 

16 (11); 

17 (3) by redesignating paragraphs (6), (8), (9), 

18 (10), and (12) through (17) as paragraphs (4) 

19 through (13), respectively; 

20 (4) by adding at the end the following: 

21 ‘‘(14) Section 401, relating to humanitarian 

22 and civic assistance provided in conjunction with 

23 military operations. 

24 ‘‘(15) Section 1206 of the Carl Levin and How25 ard P. ‘Buck’ McKeon National Defense AuthorizaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
600 

HR 4909 PCS

1 tion Act for Fiscal Year 2015 (128 Stat. 3538; 10 

2 U.S.C. 2282 note), relating to authority to conduct 

3 human rights training of security forces and associ4 ated security ministries of foreign countries. 

5 ‘‘(16) Section 1534 of the Carl Levin and How6 ard P. ‘Buck’ McKeon National Defense Authoriza7 tion Act for Fiscal Year 2015 (128 Stat. 3616), re8 lating to the Counterterrorism Partnerships Fund. 

9 ‘‘(17) Section 1203 of the National Defense 

10 Authorization Act for Fiscal Year 2014 (Public Law 

11 113–66; 127 Stat. 894; 10 U.S.C. 2011 note), relat12 ing to training of general purpose forces of the 

13 United States Armed Forces with military and other 

14 security forces of friendly foreign countries.’’; and 

15 (5) by striking ‘‘of title 10, United States 

16 Code’’ each place it appears. 

17 (d) FORM.—Subsection (e) of such section is amend18 ed by adding ‘‘that may also include other sensitive infor19 mation’’ after ‘‘annex’’. 

20 (e) CODIFICATION OF SECTION 1211 OF FY 2015 

21 NDAA.— 

22 (1) CODIFICATION.—Chapter 11 of title 10, 

23 United States Code, as amended by section 1261 of 

24 this Act, is further amended by inserting after sec25 tion 251 a new section 252 consisting of— 


emcdonald on DSK3SPTVN1PROD with BILLS
601 

HR 4909 PCS

1 (A) a heading as follows: 

2 ‘‘§ 252. Annual report on programs carried out by the 

3 Department of Defense to provide train4 ing, equipment, or other assistance or re5 imbursement to foreign security forces’’; 

6 and 

7 (B) a text consisting of the text of sub8 sections (a) through (e) of section 1211 of the 

9 Carl Levin and Howard P. ‘‘Buck’’ McKeon 

10 National Defense Authorization Act for Fiscal 

11 Year 2015 (Public Law 113–291; 128 Stat. 

12 3544), as amended by subsections (a) through 

13 (d) of this section. 

14 (2) CONFORMING REPEAL.—Section 1211 of 

15 the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na16 tional Defense Authorization Act for Fiscal Year 

17 2015 (Public Law 113–291; 128 Stat. 3544), as 

18 amended by subsections (a) through (d) of this sec19 tion, is repealed. 

20 (f) REPEAL OF OTHER REPORTING REQUIRE21 MENTS.— 

22 (1) ANNUAL REPORT ON HUMANITARIAN AND

23 CIVIC ASSISTANCE ACTIVITIES.—Section 401 of title 

24 10, United States Code, is amended— 

25 (A) by striking subsection (d); and 


emcdonald on DSK3SPTVN1PROD with BILLS
602 

HR 4909 PCS

1 (B) by redesignating subsection (e) as sub2 section (d). 

3 (2) SEMI-ANNUAL REPORTS ON COUNTERTER4 RORISM PARTNERSHIPS FUND.—Section 1534 of the 

5 Carl Levin and Howard P. ‘‘Buck’’ McKeon Na6 tional Defense Authorization Act for Fiscal Year 

7 2015 (Public Law 113–291; 128 Stat. 3616) is 

8 amended— 

9 (A) by striking subsection (g); and 

10 (B) by redesignating subsection (h) as sub11 section (g). 

12 (3) ANNUAL REPORT ON USE OF AUTHORITY TO

13 TRAIN GENERAL PURPOSE FORCES OF THE UNITED

14 STATES ARMED FORCES WITH MILITARY AND OTHER

15 SECURITY FORCES OF FRIENDLY FOREIGN COUN16 TRIES.—Section 1203 of the National Defense Au17 thorization Act for Fiscal Year 2014 (Public Law 

18 113–66; 127 Stat. 894; 10 U.S.C. 2011 note) is 

19 amended— 

20 (A) in subsection (a)(1), by striking ‘‘sub21 section (f)’’ and inserting ‘‘subsection (e)’’; 

22 (B) by striking subsection (e); and 

23 (C) by redesignating subsections (f), (g), 

24 and (h) as subsections (e), (f), and (g), respec25 tively. 


emcdonald on DSK3SPTVN1PROD with BILLS
603 

HR 4909 PCS

1 (4) ANNUAL REPORT ON USE OF AUTHORITY

2 FOR NATIONAL GUARD STATE PARTNERSHIP PRO3 GRAM.—Section 1205 of the National Defense Au4 thorization Act for Fiscal Year 2014 (Public Law 

5 113–66; 127 Stat. 897; 32 U.S.C. 107 note) is 

6 amended— 

7 (A) by striking subsection (f); and 

8 (B) by redesignating subsection (g), sub9 section (h), the second subsection (h), and sub10 section (i) as subsections (f), (g), (h), and (i), 

11 respectively. 

12 SEC. 1206. INDEPENDENT ASSESSMENT OF DEPARTMENT 

13 OF DEFENSE SECURITY COOPERATION PRO14 GRAMS. 

15 (a) ASSESSMENT REQUIRED.— 

16 (1) IN GENERAL.—The Secretary of Defense 

17 shall enter into an agreement with a federally fund18 ed research and development center, or another ap19 propriate independent entity, with expertise in secu20 rity cooperation to conduct an assessment of the 

21 Strategic Framework for Department of Defense Se22 curity Cooperation. 

23 (2) ELEMENTS.—The assessment under para24 graph (1) shall include the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
604 

HR 4909 PCS

1 (A) An assessment of each of the elements 

2 of the Strategic Framework for Department of 

3 Defense Security Cooperation, as directed by 

4 section 1202 of the National Defense Author5 ization Act for Fiscal Year 2016 (Public Law 

6 114–92; 129 Stat. 1036; 10 U.S.C. 113 note). 

7 (B) An assessment of the extent to which 

8 security cooperation programs, individually and 

9 in combination, as identified in the Comptroller 

10 General Inventory of Department of Defense 

11 Security Cooperation Programs directed in the 

12 committee report (H. Rept. 114–102) accom13 panying the National Defense Authorization 

14 Act for Fiscal Year 2016, and any other rel15 evant studies, contribute to the strategic goals, 

16 primary objectives, priorities, and desired end17 states of Department of Defense security co18 operation programs. 

19 (C) Any other matters the entity that con20 ducts the assessment considers appropriate. 

21 (b) REPORT REQUIRED.— 

22 (1) IN GENERAL.—Not later than November 1, 

23 2017, the Secretary of Defense shall submit to the 

24 congressional defense committees, the Committee on 

25 Foreign Relations of the Senate, and the Committee 


emcdonald on DSK3SPTVN1PROD with BILLS
605 

HR 4909 PCS

1 on Foreign Affairs of the House of Representatives 

2 a report that includes the assessment under sub3 section (a) and any other matters the Secretary con4 siders appropriate. 

5 (2) FORM.—The report required under para6 graph (1) shall be submitted in unclassified form, 

7 but may include a classified annex. 

8 SEC. 1207. SENSE OF CONGRESS REGARDING AN ASSESS9 MENT, MONITORING, AND EVALUATION 

10 FRAMEWORK FOR SECURITY COOPERATION. 

11 It is the sense of Congress that— 

12 (1) the Secretary of Defense should develop and 

13 maintain an assessment, monitoring, and evaluation 

14 framework for security cooperation with foreign 

15 countries to ensure accountability and foster imple16 mentation of best practices; and 

17 (2) such framework— 

18 (A) should be consistent with interagency 

19 approaches and existing best practices; 

20 (B) should be sufficiently resourced and 

21 appropriately placed within the Department of 

22 Defense to enable the rigorous examination and 

23 measurement of security cooperation efforts to24 wards meeting stated objectives and outcomes; 

25 and 


emcdonald on DSK3SPTVN1PROD with BILLS
606 

HR 4909 PCS

1 (C) should be used to inform security co2 operation planning, policies, and resource deci3 sions as well as ensure the effectiveness and ef4 ficiency of security cooperation efforts. 

5 SEC. 1208. REPORT ON THE PROHIBITION ON USE OF 

6 FUNDS FOR ASSISTANCE TO UNITS OF FOR7 EIGN SECURITY FORCES THAT HAVE COM8 MITTED A GROSS VIOLATION OF HUMAN 

9 RIGHTS. 

10 (a) REPORT REQUIRED.—Not later than 60 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall submit to the congressional defense com13 mittees a report on its implementation of section 294 of 

14 title 10, United States Code (relating to prohibition on 

15 use of funds for assistance to units of foreign security 

16 forces that have committed a gross violation of human 

17 rights). 

18 (b) MATTERS TO BE INCLUDED.—The report re19 quired under subsection (a) shall contain the following: 

20 (1) A detailed description of the policies and 

21 procedures governing the manner in which Depart22 ment of Defense personnel identify and report infor23 mation on gross violations of human rights and how 

24 such information is shared with personnel responVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
607 

HR 4909 PCS

1 sible for implementing the prohibition in subsection 

2 (a)(1) of section 294 of title 10, United States Code. 

3 (2) The funding expended in fiscal years 2015 

4 and 2016 for purposes of implementing section 294 

5 of title 10, United States Code, including any rel6 evant training of personnel, and a description of the 

7 titles, roles, and responsibilities of the personnel re8 sponsible for reviewing credible information relating 

9 to human rights violations and the personnel respon10 sible for making decisions regarding the implementa11 tion of the prohibition in subsection (a)(1) of such 

12 section 294. 

13 (3) An addendum that includes any findings or 

14 recommendations included in any report issued by a 

15 Federal Inspector General related to the implemen16 tation of section 294 of title 10, United States Code, 

17 and, as appropriate, the Department of Defense’s 

18 response to such findings or recommendations. 

19 (4) Any other matters the Secretary determines 

20 is appropriate. 

21 (c) FORM.—The report required under subsection (a) 

22 shall be submitted in unclassified form, but may include 

23 a classified annex. 


emcdonald on DSK3SPTVN1PROD with BILLS
608 

HR 4909 PCS

1 Subtitle B—Matters Relating to 

2 Afghanistan and Pakistan 

3 SEC. 1211. EXTENSION AND MODIFICATION OF COM4 MANDERS’ EMERGENCY RESPONSE PRO5 GRAM. 

6 (a) EXTENSION.—Section 1201 of the National De7 fense Authorization Act for Fiscal Year 2012 (Public Law 

8 112–81; 125 Stat. 1619), as most recently amended by 

9 section 1211 of the National Defense Authorization Act 

10 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

11 1042), is further amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘During fiscal year 2016’’ 

14 and inserting ‘‘During the period beginning on 

15 October 1, 2016, and ending on December 31, 

16 2017’’; and 

17 (B) by striking ‘‘in such fiscal year’’ and 

18 inserting ‘‘in such period’’; 

19 (2) in subsection (b), by striking ‘‘fiscal year 

20 2016’’ and inserting ‘‘fiscal year 2017’’; and 

21 (3) in subsection (f), by striking ‘‘in fiscal year 

22 2016’’ and inserting ‘‘during the period beginning 

23 on October 1, 2016, and ending on December 31, 

24 2017’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
609 

HR 4909 PCS

1 (b) AUTHORITY FOR CERTAIN PAYMENTS TO RE2 DRESS INJURY AND LOSS IN IRAQ.— 

3 (1) IN GENERAL.—During the period beginning 

4 on October 1, 2016, and ending on December 31, 

5 2017, amounts available pursuant to section 1201 of 

6 the National Defense Authorization Act for Fiscal 

7 Year 2012, as amended by this section, shall also be 

8 available for ex gratia payments for damage, per9 sonal injury, or death that is incident to combat op10 erations of the Armed Forces in Iraq. 

11 (2) NOTICE AND WAIT.—The authority in this 

12 subsection may not be used until 30 days after the 

13 date on which the Secretary of Defense submits to 

14 the congressional defense committees a report set15 ting forth the following: 

16 (A) The amount that will be used for pay17 ments pursuant to this subsection. 

18 (B) The manner in which claims for pay19 ments shall be verified. 

20 (C) The officers or officials who shall be 

21 authorized to approve claims for payments. 

22 (D) The manner in which payments shall 

23 be made. 

24 (3) LIMITATION ON AMOUNT AVAILABLE.—The 

25 total amount of payments made pursuant to this 


emcdonald on DSK3SPTVN1PROD with BILLS
610 

HR 4909 PCS

1 subsection during the period beginning on October 

2 1, 2016, and ending on December 31, 2017, may 

3 not exceed $5,000,000. 

4 (4) AUTHORITIES APPLICABLE TO PAYMENT.— 

5 Any payment made pursuant to this subsection shall 

6 be made in accordance with the authorities and limi7 tations in section 8121 of the Department of De8 fense Appropriations Act, 2015 (division C of Public 

9 Law 113–235), other than subsection (h) of such 

10 section. 

11 (5) CONSTRUCTION WITH RESTRICTION ON

12 AMOUNT OF PAYMENTS.—For purposes of the appli13 cation of subsection (e) of such section 1201, as so 

14 amended, to any payment pursuant to this sub15 section, such payment shall be deemed to be a 

16 project described by such subsection (e). 

17 SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY 

18 FOR REIMBURSEMENT OF CERTAIN COALI19 TION NATIONS FOR SUPPORT PROVIDED TO 

20 UNITED STATES MILITARY OPERATIONS. 

21 (a) EXTENSION.—Subsection (a) of section 1233 of 

22 the National Defense Authorization Act for Fiscal Year 

23 2008 (Public Law 110–181; 122 Stat. 393), as most re24 cently amended by section 1212 of the National Defense 

25 Authorization Act for Fiscal Year 2016 (Public Law 114– 


emcdonald on DSK3SPTVN1PROD with BILLS
611 

HR 4909 PCS

1 92; 129 Stat. 1043), is further amended by striking ‘‘fiscal 

2 year 2016’’ and inserting ‘‘the period beginning on Octo3 ber 1, 2016, and ending on December 31, 2017,’’. 

4 (b) LIMITATION ON AMOUNTS AVAILABLE.—Sub5 section (d)(1) of such section, as so amended, is further 

6 amended— 

7 (1) in the second sentence, by striking ‘‘during 

8 fiscal year 2016 may not exceed $1,160,000,000’’ 

9 and inserting ‘‘during the period beginning on Octo10 ber 1, 2016, and ending on December 31, 2017, 

11 may not exceed $1,100,000,000’’; and 

12 (2) in the third sentence, by striking ‘‘fiscal 

13 year 2016’’ and inserting ‘‘the period beginning on 

14 October 1, 2016, and ending on December 31, 

15 2017,’’. 

16 (c) EXTENSION OF NOTICE REQUIREMENT RELAT17 ING TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT

18 PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the Na19 tional Defense Authorization Act for Fiscal Year 2008 

20 (122 Stat. 393), as most recently amended by section 

21 1212(c) of the National Defense Authorization Act for 

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

23 by striking ‘‘September 30, 2016’’ and inserting ‘‘Decem24 ber 31, 2017’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
612 

HR 4909 PCS

1 (d) EXTENSION OF LIMITATION ON REIMBURSE2 MENT OF PAKISTAN PENDING CERTIFICATION ON PAKI3 STAN.—Section 1227(d)(1) of the National Defense Au4 thorization Act for Fiscal Year 2013 (Public Law 112– 

5 239; 126 Stat. 2001), as most recently amended by sec6 tion 1212(d) of the National Defense Authorization Act 

7 for Fiscal Year 2016 (129 Stat. 1043), is further amended 

8 by striking ‘‘for fiscal year 2016 or any prior fiscal year’’ 

9 and inserting ‘‘for any period prior to December 31, 

10 2017’’. 

11 (e) ADDITIONAL LIMITATION ON REIMBURSEMENT

12 OF PAKISTAN PENDING CERTIFICATION ON PAKISTAN.— 

13 Of the total amount of reimbursements and support au14 thorized for Pakistan during the period beginning on Oc15 tober 1, 2016, and ending on December 31, 2017, pursu16 ant to the third sentence of section 1233(d)(1) of the Na17 tional Defense Authorization Act for Fiscal Year 2008 (as 

18 amended by subsection (b)(2)), $450,000,000 shall not be 

19 eligible for the waiver under section 1227(d)(2) of the Na20 tional Defense Authorization Act for Fiscal Year 2013 

21 (126 Stat. 2001) unless the Secretary of Defense certifies 

22 to the congressional defense committees that— 

23 (1) Pakistan continues to conduct military oper24 ations in North Waziristan that are contributing to 


emcdonald on DSK3SPTVN1PROD with BILLS
613 

HR 4909 PCS

1 significantly disrupting the safe haven and freedom 

2 of movement of the Haqqani Network in Pakistan; 

3 (2) Pakistan has taken steps to demonstrate its 

4 commitment to prevent the Haqqani Network from 

5 using North Waziristan as a safe haven; 

6 (3) the Government of Pakistan actively coordi7 nates with the Government of Afghanistan to re8 strict the movement of militants, such as the 

9 Haqqani Network, along the Afghanistan-Pakistan 

10 border; 

11 (4) Pakistan has shown progress in arresting 

12 and prosecuting Haqqani network senior leaders and 

13 mid-level operatives; and 

14 (5) Pakistan is not using its military or any 

15 funds or equipment provided by the United States to 

16 persecute minority groups seeking political or reli17 gious freedom, including the Balochi, Sindhi, and 

18 Hazara ethnic groups and minority religious groups, 

19 including Christian, Hindu, and Ahmadiyya Muslim. 

20 SEC. 1213. EXTENSION OF AUTHORITY TO ACQUIRE PROD21 UCTS AND SERVICES PRODUCED IN COUN22 TRIES ALONG A MAJOR ROUTE OF SUPPLY 

23 TO AFGHANISTAN. 

24 Section 801(f) of the National Defense Authorization 

25 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 


emcdonald on DSK3SPTVN1PROD with BILLS
614 

HR 4909 PCS

1 2399), as most recently amended by section 1214 of the 

2 National Defense Authorization Act for Fiscal Year 2016 

3 (Public Law 114–92; 129 Stat. 1045), is further amended 

4 by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem5 ber 31, 2017’’. 

6 SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DE7 FENSE ARTICLES AND PROVIDE DEFENSE 

8 SERVICES TO THE MILITARY AND SECURITY 

9 FORCES OF AFGHANISTAN. 

10 (a) EXTENSION.—Subsection (h) of section 1222 of 

11 the National Defense Authorization Act for Fiscal Year 

12 2013 (Public Law 112–239; 126 Stat. 1992), as most re13 cently amended by section 1215 of the National Defense 

14 Authorization Act for Fiscal Year 2016 (Public Law 114– 

15 92; 129 Stat. 1045), is further amended by striking ‘‘De16 cember 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

17 (b) QUARTERLY REPORTS.—Subsection (f)(1) of 

18 such section, as so amended, is further amended by strik19 ing ‘‘March 31, 2017’’ and inserting ‘‘March 31, 2018’’. 

20 (c) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) 

21 of such section, as so amended, is further amended by 

22 striking ‘‘,, 2015, and 2016’’ each place it appears and 

23 inserting ‘‘, 2015, 2016, and 2017’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
615 

HR 4909 PCS

1 SEC. 1215. SENSE OF CONGRESS ON UNITED STATES POL2 ICY AND STRATEGY IN AFGHANISTAN. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The United States continues to have vital 

5 national security interests in ensuring that Afghani6 stan is a stable, sovereign country. 

7 (2) President Obama signed a Strategic Part8 nership Agreement and a Bilateral Security Agree9 ment with the President of the Islamic Republic of 

10 Afghanistan, which commits the United States to 

11 the long-term security of, and defense cooperation 

12 with, the Government of Afghanistan and designates 

13 Afghanistan as a ‘‘major non-NATO ally’’. 

14 (3) The unity government in Afghanistan, led 

15 by President Ghani and Chief Executive Abdullah, 

16 should be applauded for their continued leadership 

17 and commitment to Afghanistan’s stability and secu18 rity. 

19 (4) Stability and security in Afghanistan rein20 forces stability and security in the region. 

21 (5) The best long-term guarantor of stability 

22 and security in Afghanistan is a stable unity govern23 ment and a capable Afghan National Defense and 

24 Security Forces (ANDSF). 

25 (6) The President’s current policy is to draw 

26 down from 9,800 to 5,500 United States troops by 


emcdonald on DSK3SPTVN1PROD with BILLS
616 

HR 4909 PCS

1 January 1, 2017. As the recent commander in Af2 ghanistan, General John Campbell, testified to the 

3 Senate Armed Services Committee, ‘‘the 5,500 [U.S. 

4 troops] plan was developed primarily around 

5 counterterrorism. There’s very limited train-advise6 and-assist...in those numbers. To continue to build 

7 on the Afghan Security Forces, the gaps and seams 

8 in aviation, logistics, intelligence...we’d have to make 

9 some adjustments to that number.’’. 

10 (7) The President’s policy of limiting the num11 ber of United States troops that the commander can 

12 employ in Afghanistan is hindering the effectiveness 

13 of the United States mission therein. 

14 (8) Further, at the current policy of 9,800 

15 United States troops, the new commander of Oper16 ation Resolute Support in Afghanistan, General 

17 John ‘‘Mick’’ Nicholson, agreed in testimony with 

18 the Senate Armed Services Committee that the secu19 rity situation in Afghanistan has been deteriorating 

20 rather than improving. 

21 (9) General John Campbell also stated 

22 ‘‘. . .Afghan shortfalls will persist beyond 2016. Ca23 pability gaps still exist in fixed and rotary-wing avia24 tion, combined arms operations, intelligence collec25 tion and dissemination, and maintenance.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
617 

HR 4909 PCS

1 (10) General John Campbell further stated ‘‘I 

2 have the authority to protect coalition members 

3 against any insurgents. . .to attack the Taliban just 

4 because they’re Taliban, I do not have that author5 ity.’’. 

6 (11) The Taliban have made territorial gains 

7 and are holding terrain in key geographic areas in 

8 Afghanistan, including in Helmand Province. 

9 (12) The Taliban held the city of Kunduz, Af10 ghanistan, which is the first time the Taliban have 

11 held a major city in Afghanistan in 14 years. 

12 (13) The Haqqani Network, a designated for13 eign terrorist organization aligned with the Taliban, 

14 is the most lethal group on the battlefield in Afghan15 istan, and continues to provide safe haven to al16 Qaeda. 

17 (14) The Islamic State of Iraq and the Levant 

18 (ISIL) has established an affiliate in Afghanistan. 

19 (15) Since the death of the Taliban’s leader, 

20 Mullah Mohammad Omar, and the ascendance of 

21 Mullah Akhtar Mansoor and Saraj Haqqani, head of 

22 the Haqqani Network, to Taliban leadership, the 

23 Taliban have not engaged in political reconciliation 

24 negotiations with the Government of Afghanistan. 


emcdonald on DSK3SPTVN1PROD with BILLS
618 

HR 4909 PCS

1 (16) The President has the statutory, legal au2 thority to strike the Taliban and the Haqqani Net3 work. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the President should authorize at least 

7 9,800 United States troops to continue the train, 

8 advise, and assist and counterterrorism missions in 

9 Afghanistan after 2016; 

10 (2) the President should provide the United 

11 States commander in Afghanistan with the authority 

12 to unilaterally strike the Taliban and the Haqqani 

13 Network; 

14 (3) the President should provide additional re15 sources to strike the Islamic State of Iraq and the 

16 Levant (ISIL) in Afghanistan; 

17 (4) the President should provide the United 

18 States commander in Afghanistan the authority to 

19 conduct the train, advise, and assist mission below 

20 the corps level of the Afghan National Defense and 

21 Security Forces (ANDSF); 

22 (5) the United States should provide United 

23 States Armed Forces lift and close air support to 

24 ANDSF units until the ANDSF has a fully capable, 


emcdonald on DSK3SPTVN1PROD with BILLS
619 

HR 4909 PCS

1 organic lift and close air support capability and ca2 pacity; 

3 (6) the United States should provide monetary 

4 and advisory support for 352,000 ANDSF personnel 

5 and 30,000 Afghan Local Police, including intel6 ligence, surveillance, and reconnaissance support, 

7 through 2018; 

8 (7) it should continue to be a top priority to 

9 provide United States Armed Forces deployed to Af10 ghanistan with necessary medical, force protection, 

11 and combat search and rescue support; and 

12 (8) United States military personnel who are 

13 tasked with the mission of providing combat search 

14 and rescue support, casualty evacuation, and medical 

15 support should not be counted as part of any force 

16 management level limitation on the number of 

17 United States ground forces in Afghanistan. 

18 SEC. 1216. SPECIAL IMMIGRANT STATUS FOR CERTAIN AF19 GHANS. 

20 (a) ALIENS DESCRIBED.—Section 602(b)(2)(A)(ii)(I) 

21 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 

22 1101 note) is amended to read as follows: 

23 ‘‘(I)(aa) by, or on behalf of, the 

24 United States Government, in the 

25 case of an alien submitting an appliVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
620 

HR 4909 PCS

1 cation for Chief of Mission approval 

2 pursuant to subparagraph (D) before 

3 the date of the enactment of the Na4 tional Defense Authorization Act for 

5 Fiscal Year 2017; or 

6 ‘‘(bb) in the case of an alien sub7 mitting an application for Chief of 

8 Mission approval pursuant to sub9 paragraph (D) on or after the date of 

10 the enactment of the National De11 fense Authorization Act for Fiscal 

12 Year 2017, in a capacity that required 

13 the alien— 

14 ‘‘(AA) to serve as an inter15 preter or translator for personnel 

16 of the Department of State or 

17 the United States Agency for 

18 International Development in Af19 ghanistan while traveling away 

20 from United States embassies or 

21 consulates with such personnel; 

22 ‘‘(BB) to serve as an inter23 preter or translator for United 

24 States military personnel in AfVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
621 

HR 4909 PCS

1 ghanistan while traveling off-base 

2 with such personnel; or 

3 ‘‘(CC) to perform sensitive 

4 and trusted activities for United 

5 States military personnel sta6 tioned in Afghanistan; or’’. 

7 (b) NUMERICAL LIMITATIONS.—Clauses (i) and (ii) 

8 of section 602(b)(3)(F) of such Act are each amended by 

9 striking ‘‘December 31, 2016;’’ and inserting ‘‘December 

10 31, 2017;’’. 

11 (c) REPORT.—Section 602(b)(14) of such Act is 

12 amended— 

13 (1) by striking ‘‘Not later than 60 days after 

14 the date of the enactment of this paragraph,’’ and 

15 inserting ‘‘Not later than December 31, 2016, and 

16 annually thereafter through January 31, 2021,’’; 

17 and 

18 (2) in subparagraph (A)(i), by striking ‘‘under 

19 this section;’’ and inserting ‘‘under subclause (I) or 

20 (II)(bb) of paragraph (2)(A)(ii);’’. 

21 SEC. 1217. MODIFICATION TO SEMIANNUAL REPORT ON EN22 HANCING SECURITY AND STABILITY IN AF23 GHANISTAN. 

24 Subsection (b) of section 1225 of the Carl Levin and 

25 Howard P. ‘‘Buck’’ McKeon National Defense AuthorizaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
622 

HR 4909 PCS

1 tion Act for Fiscal Year 2015 (Public Law 113–291; 128 

2 Stat. 3550), as amended by section 1213 of the National 

3 Defense Authorization Act for Fiscal Year 2016 (Public 

4 Law 114–92; 129 Stat. 1045), is further amended by add5 ing at the end the following: 

6 ‘‘(8) AFGHAN PERSONNEL AND PAY SYSTEM.— 

7 A description of the status of the implementation of 

8 the Afghan Personnel and Pay System (APPS) at 

9 the Afghan Ministry of Interior and the Afghan 

10 Ministry of Defense for personnel funds provided 

11 through the Afghanistan Security Forces Fund, in12 cluding a description of the following: 

13 ‘‘(A) The expected completion date of in14 stallation and full implementation and utiliza15 tion of the APPS. 

16 ‘‘(B) If installation of the APPS is com17 plete at one, or both, ministries, the extent to 

18 which the APPS is being utilized to distribute 

19 personnel funds to the Afghan National Army 

20 and Afghan National Police. 

21 ‘‘(C) If installation of the APPS is not 

22 complete at one, or both, ministries, or full im23 plementation and utilization of the APPS has 

24 not been achieved at one, or both, ministries, an 

25 explanation of any delays, any expected obstaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
623 

HR 4909 PCS

1 cles, and any additional support that may be 

2 needed for installation or full implementation 

3 and utilization. 

4 ‘‘(D) Any examples of intentional delay or 

5 obstruction by members of the Government of 

6 Afghanistan, to include one, or both, ministries, 

7 or any sub-unit thereof, to installing or fully 

8 implementing or utilizing the APPS. 

9 ‘‘(E) If the APPS is fully implemented at 

10 one, or both, ministries, the identified cost sav11 ings to date, due to the elimination of waste, 

12 fraud, and abuse at the ministry compared to 

13 the previous payroll system. If the APPS is not 

14 fully implemented at one, or both, ministries, 

15 the expected cost savings due to the elimination 

16 of waste, fraud, and abuse at the ministry once 

17 the APPS is fully implemented. 

18 ‘‘(F) If the APPS is not fully implemented, 

19 what steps the United States and Afghanistan 

20 are taking to mitigate waste, fraud, and abuse 

21 in the disbursement of personnel funds provided 

22 through the Afghanistan Security Forces 

23 Fund.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
624 

HR 4909 PCS

1 SEC. 1218. SENSE OF CONGRESS RELATING TO DR. SHAKIL 

2 AFRIDI. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The attacks of September 11, 2001, killed 

5 approximately 3,000 people, most of whom were 

6 Americans, but also included hundreds of individuals 

7 with foreign citizenships, nearly 350 New York Fire 

8 Department personnel, and about 50 law enforce9 ment officers. 

10 (2) Downed United Airlines flight 93 was re11 portedly intended, under the control of the al-Qaeda 

12 high-jackers, to crash into the White House or the 

13 Capitol in an attempt to kill the President of the 

14 United States or Members of the United States Con15 gress. 

16 (3) The September 11, 2001, attacks were 

17 largely planned and carried out by the al-Qaeda ter18 rorist network led by Osama bin Laden and his dep19 uty Ayman al Zawahiri, after which Osama bin 

20 Laden enjoyed safe haven in Pakistan from where he 

21 continued to plot deadly attacks against the United 

22 States and the world. 

23 (4) The United States has obligated nearly $30 

24 billion between 2002 and 2014 in United States tax25 payer money for security and economic aid to Paki26 stan. 


emcdonald on DSK3SPTVN1PROD with BILLS
625 

HR 4909 PCS

1 (5) The United States very generously and 

2 swiftly responded to the 2005 Kashmir Earthquake 

3 in Pakistan with more than $200 million in emer4 gency aid and the support of several United States 

5 military aircraft, approximately 1,000 United States 

6 military personnel, including medical specialists, 

7 thousands of tents, blankets, water containers and a 

8 variety of other emergency equipment. 

9 (6) The United States again generously and 

10 swiftly contributed approximately $150 million in 

11 emergency aid to Pakistan following the 2010 Paki12 stan flood, in addition to the service of nearly twenty 

13 United States military helicopters, their flight crews, 

14 and other resources to assist the Pakistan Army’s 

15 relief efforts. 

16 (7) The United States continues to work tire17 lessly to support Pakistan’s economic development, 

18 including millions of dollars allocated towards the 

19 development of Pakistan’s energy infrastructure, 

20 health services and education system. 

21 (8) The United States and Pakistan continue to 

22 have many critical shared interests, both economic 

23 and security related, which could be the foundation 

24 for a positive and mutually beneficial partnership. 


emcdonald on DSK3SPTVN1PROD with BILLS
626 

HR 4909 PCS

1 (9) Dr. Shakil Afridi, a Pakistani physician, is 

2 a hero to whom the people of the United States, 

3 Pakistan and the world owe a debt of gratitude for 

4 his help in finally locating Osama bin Laden before 

5 more innocent American, Pakistani and other lives 

6 were lost to this terrorist leader. 

7 (10) Pakistan, the United States and the inter8 national community had failed for nearly 10 years 

9 following attacks of September 11, 2001, to locate 

10 and bring Osama bin Laden, who continued to kill 

11 innocent civilians in the Middle East, Asia, Europe, 

12 Africa and the United States, to justice without the 

13 help of Dr. Afridi. 

14 (11) The Government of Pakistan’s imprison15 ment of Dr. Afridi presents a serious and growing 

16 impediment to the United States’ bilateral relations 

17 with Pakistan. 

18 (12) The Government of Pakistan has leveled 

19 and allowed baseless charges against Dr. Afridi in a 

20 politically motivated, spurious legal process. 

21 (13) Dr. Afridi is currently imprisoned by the 

22 Government of Pakistan, a deplorable and uncon23 scionable situation which calls into question Paki24 stan’s actual commitment to countering terrorism 


emcdonald on DSK3SPTVN1PROD with BILLS
627 

HR 4909 PCS

1 and undermines the notion that Pakistan is a true 

2 ally in the struggle against terrorism. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that Dr. Shakil Afridi is an international hero and 

5 that the Government of Pakistan should release him im6 mediately from prison. 

7 SEC. 1219. REPORT ON ACCESS TO FINANCIAL RECORDS OF 

8 THE GOVERNMENT OF AFGHANISTAN TO 

9 AUDIT THE USE OF FUNDS FOR ASSISTANCE 

10 FOR AFGHANISTAN. 

11 Not later than December 31, 2017, the Secretary of 

12 Defense shall submit to Congress a report on the extent 

13 to which the Combined Security Transition Command-Af14 ghanistan has adequate access to financial records of the 

15 Government of Afghanistan to audit the use of funds au16 thorized to be appropriated by this Act or otherwise made 

17 available for fiscal year 2017 for assistance for Afghani18 stan. 

19 Subtitle C—Matters Relating to 

20 Syria and Iraq 

21 SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY 

22 TO PROVIDE ASSISTANCE TO THE VETTED 

23 SYRIAN OPPOSITION. 

24 (a) IN GENERAL.—Subsection (a) of section 1209 of 

25 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 


emcdonald on DSK3SPTVN1PROD with BILLS
628 

HR 4909 PCS

1 Defense Authorization Act for Fiscal Year 2015 (Public 

2 Law 113–291; 128 Stat. 3541) is amended by striking 

3 ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

4 2017’’. 

5 (b) REPROGRAMMING REQUIREMENT.—Subsection 

6 (f) of such section, as amended by section 1225(e) of the 

7 National Defense Authorization Act for Fiscal Year 2016 

8 (Public Law 114–92; 129 Stat. 1055), is further amend9 ed— 

10 (1) in paragraph (1), by striking ‘‘December 

11 31, 2016’’ and inserting ‘‘December 31, 2017’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(3) CERTIFICATION ACCOMPANYING RE14 PROGRAMMING REQUESTS.—Each request under 

15 paragraph (1) shall include a certification of the 

16 Secretary of Defense that— 

17 ‘‘(A) a required number and type of 

18 United States Armed Forces have been de19 ployed to support the strategy for Syria re20 quired under section 1225(b) of the National 

21 Defense Authorization Act for Fiscal Year 2016 

22 (Public Law 114–92; 129 Stat. 1054) and to 

23 support a plan to retake and hold Raqqa, Syria; 

24 and 


emcdonald on DSK3SPTVN1PROD with BILLS
629 

HR 4909 PCS

1 ‘‘(B) a required number and type of 

2 United States Armed Forces have been de3 ployed to support the elements of the Syrian 

4 opposition and other Syrian groups and individ5 uals that are to be trained and equipped under 

6 this section to ensure that such elements, 

7 groups, and individuals are able to defend 

8 themselves from attacks by the Islamic State of 

9 Iraq and the Levant (ISIL) and Government of 

10 Syria forces consistent with the purposes set 

11 forth in subsection (a).’’. 

12 SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY 

13 TO PROVIDE ASSISTANCE TO COUNTER THE 

14 ISLAMIC STATE OF IRAQ AND THE LEVANT. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) it should be the policy of the United States 

18 to support, within the framework of the Iraqi Con19 stitution, the Iraqi Kurdish Peshmerga, the Iraqi 

20 Security Forces, and Sunni tribal forces in the fight 

21 against the Islamic State of Iraq and the Levant; 

22 (2) recognizing the important role of the Iraqi 

23 Kurdish Peshmerga within the military campaign 

24 against ISIL in Iraq, the United States should proVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
630 

HR 4909 PCS

1 vide arms, training, and appropriate equipment di2 rectly to the Kurdistan Regional Government; 

3 (3) efforts should be made to ensure trans4 parency and oversight mechanisms are in place for 

5 oversight of United States assistance to combat 

6 waste, fraud, and abuse; and 

7 (4) securing safe areas, including the Nineveh 

8 Plain, for purposes of resettling and reintegrating 

9 ethnic and religious minorities, including victims of 

10 genocide, into their homelands, is a critical compo11 nent of a safe, secure, and sovereign Iraq. 

12 (b) AUTHORITY.—Subsection (a) of section 1236 of 

13 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

14 Defense Authorization Act for Fiscal Year 2015 (Public 

15 Law 113–291; 128 Stat. 3559) is amended by striking 

16 ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

17 2017’’. 

18 (c) FUNDING.—Subsection (g) of such section, as 

19 amended by section 1223 of the National Defense Author20 ization Act for Fiscal Year 2016 (Public Law 114–92; 129 

21 Stat. 1049), is further amended— 

22 (1) by striking the first sentence and inserting 

23 the following: ‘‘Of the amounts authorized to be ap24 propriated in the National Defense Authorization 

25 Act for Fiscal Year 2017 for Overseas Contingency 


emcdonald on DSK3SPTVN1PROD with BILLS
631 

HR 4909 PCS

1 Operations in title XV for fiscal year 2017, there are 

2 authorized to be appropriated $680,000,000 to carry 

3 out this section.’’; and 

4 (2) by striking the second sentence. 

5 (d) SUBMISSION OF PLAN REQUIREMENT.—Sub6 section (k) of such section is amended to read as follows: 

7 ‘‘(k) SUBMISSION OF PLAN REQUIREMENT.—Not 

8 more than 75 percent of the funds authorized to be appro9 priated under this section may be obligated or expended 

10 until not earlier than 15 days after the date on which the 

11 Secretary of Defense, in coordination with the Secretary 

12 of State, submits to the appropriate congressional commit13 tees a plan to re-take Mosul, Iraq from the Islamic State 

14 of Iraq and the Levant (ISIL) and to hold Mosul, Iraq.’’. 

15 (e) BRIEFING AND AUTHORITY TO ASSIST DIRECTLY

16 CERTAIN COVERED GROUPS.—Subsection (l) of such sec17 tion, as so amended, is further amended— 

18 (1) in the subsection heading, by striking ‘‘AS19 SESSMENT’’ and inserting ‘‘BRIEFING’’; 

20 (2) in paragraph (1)— 

21 (A) in the paragraph heading, by striking 

22 ‘‘ASSESSMENT’’ and inserting ‘‘BRIEFING’’; 

23 (B) in subparagraph (A)— 

24 (i) by striking ‘‘National Defense Au25 thorization Act for Fiscal Year 2016’’ and 


emcdonald on DSK3SPTVN1PROD with BILLS
632 

HR 4909 PCS

1 inserting ‘‘National Defense Authorization 

2 Act for Fiscal Year 2017’’; and 

3 (ii) by striking ‘‘submit to the appro4 priate congressional committees an assess5 ment of’’ and inserting ‘‘provide to the ap6 propriate congressional committees a brief7 ing that includes an assessment of’’; 

8 (C) in subparagraph (C)— 

9 (i) by striking ‘‘submit to the appro10 priate congressional committees an update 

11 of’’ and inserting ‘‘provide to the appro12 priate congressional committees a briefing 

13 that includes an update of’’; and 

14 (ii) by striking ‘‘the assessment is 

15 submitted’’ and inserting ‘‘the briefing is 

16 provided’’; and 

17 (D) by striking subparagraph (D); 

18 (3) in paragraph (2)— 

19 (A) in subparagraph (A)— 

20 (i) by striking ‘‘If the President’’ and 

21 all that follows through ‘‘the Secretary of 

22 Defense’’ and inserting ‘‘Of the funds au23 thorized to be appropriated under this sec24 tion, $50,000,000 shall be available to the 

25 Secretary of Defense’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
633 

HR 4909 PCS

1 (ii) by striking ‘‘is authorized’’; 

2 (iii) by striking ‘‘assistance’’ and in3 serting ‘‘stipends and sustainment’’; and 

4 (iv) by adding at the end the fol5 lowing: ‘‘Of the funds made available to 

6 carry out this subparagraph, not less than 

7 33 percent shall be available for stipends 

8 and sustainment for the group described in 

9 subparagraph (D)(i).’’. 

10 (B) in subparagraph (C)— 

11 (i) in the heading, by striking ‘‘COST12 SHARING’’ and inserting ‘‘SUBMISSION OF

13 PLAN’’; and 

14 (ii) by striking ‘‘cost-sharing’’ and in15 serting ‘‘submission of plan’’; and 

16 (C) in subparagraph (D) to read as fol17 lows: 

18 ‘‘(D) COVERED GROUPS.—The groups de19 scribed in this subparagraph are the following 

20 groups that are directly engaged in the cam21 paign for Mosul, Iraq: 

22 ‘‘(i) The Iraqi Kurdish Peshmerga. 

23 ‘‘(ii) Sunni tribal security forces, or 

24 other local security forces, including ethnic 


emcdonald on DSK3SPTVN1PROD with BILLS
634 

HR 4909 PCS

1 and religious minority groups, with a na2 tional security mission.’’. 

3 (f) PROHIBITION ON ASSISTANCE AND REPORT ON

4 EQUIPMENT OR SUPPLIES TRANSFERRED TO OR AC5 QUIRED BY VIOLENT EXTREMIST ORGANIZATIONS.— 

6 (1) PROHIBITION.—Assistance authorized 

7 under section 1236 of the Carl Levin and Howard 

8 P. ‘‘Buck’’ McKeon National Defense Authorization 

9 Act for Fiscal Year 2015 (Public Law 113–291; 128 

10 Stat. 3559), as so amended, may not be provided to 

11 the Government of Iraq after the date that is 90 

12 days after the date of the enactment of this Act un13 less the Secretary of Defense certifies to the appro14 priate congressional committees, after the date of 

15 the enactment of this Act, that the Government of 

16 Iraq has taken such actions as may be reasonably 

17 necessary to safeguard against such assistance being 

18 transferred to or acquired by violent extremist orga19 nizations. 

20 (2) BRIEFING.— 

21 (A) BRIEFING REQUIRED.—Not later than 

22 30 days after the date on which the Secretary 

23 of Defense makes any determination that equip24 ment or supplies provided pursuant to section 

25 1236(a) of the Carl Levin and Howard P. 


emcdonald on DSK3SPTVN1PROD with BILLS
635 

HR 4909 PCS

1 ‘‘Buck’’ McKeon National Defense Authoriza2 tion Act for Fiscal Year 2015 (Public Law 

3 113–291; 128 Stat. 3559), as so amended, have 

4 been transferred to or acquired by a violent ex5 tremist organization, the Secretary shall provide 

6 to the appropriate congressional committees a 

7 briefing that contains a description of the deter8 mination of the Secretary and the transfer to or 

9 acquisition by the violent extremist organiza10 tion. 

11 (B) ELEMENTS.—Each briefing under 

12 paragraph (1) shall include, with respect to the 

13 transfer covered by the report, the following: 

14 (i) An assessment of the type and 

15 quantity of equipment or supplies trans16 ferred to the violent extremist organiza17 tion. 

18 (ii) A description of the criteria used 

19 to determine that the organization is a vio20 lent extremist organization. 

21 (iii) A description, if known, of how 

22 the equipment or supplies were transferred 

23 to or acquired by the violent extremist or24 ganization. 


emcdonald on DSK3SPTVN1PROD with BILLS
636 

HR 4909 PCS

1 (iv) If the equipment or supplies are 

2 determined to remain under the current 

3 control of the violent extremist organiza4 tion, a description of the organization, in5 cluding its relationship, if any, to the secu6 rity forces of the Government of Iraq. 

7 (v) A description of the end use moni8 toring or other policies and procedures in 

9 place in order to prevent equipment or 

10 supplies to be transferred to or acquired by 

11 violent extremist organizations. 

12 (3) DEFINITIONS.—In this subsection: 

13 (A) APPROPRIATE CONGRESSIONAL COM14 MITTEES.—The term ‘‘appropriate congres15 sional committees’’ means— 

16 (i) the congressional defense commit17 tees; and 

18 (ii) the Committee on Foreign Rela19 tions of the Senate and the Committee on 

20 Foreign Affairs of the House of Represent21 atives. 

22 (B) VIOLENT EXTREMIST ORGANIZA23 TION.—The term ‘‘violent extremist organiza24 tion’’ means an organization that— 


emcdonald on DSK3SPTVN1PROD with BILLS
637 

HR 4909 PCS

1 (i) is a foreign terrorist organization 

2 designated by the Secretary of State under 

3 section 219 of the Immigration and Na4 tionality Act (8 U.S.C. 1189) or is associ5 ated with a foreign terrorist organization; 

6 or 

7 (ii) is known to be under the com8 mand and control of, or is associated with, 

9 the Government of Iran. 

10 SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY 

11 TO SUPPORT OPERATIONS AND ACTIVITIES 

12 OF THE OFFICE OF SECURITY COOPERATION 

13 IN IRAQ. 

14 (a) EXTENSION OF AUTHORITY.—Subsection (f)(1) 

15 of section 1215 of the National Defense Authorization Act 

16 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

17 1631; 10 U.S.C. 113 note), as most recently amended by 

18 section 1221 of the National Defense Authorization Act 

19 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

20 1047), is further amended— 

21 (1) by striking ‘‘fiscal year 2016’’ and inserting 

22 ‘‘fiscal year 2017’’; and 

23 (2) by inserting ‘‘, Iraqi Border Police,’’ after 

24 ‘‘Iraqi Ministry of Defense’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
638 

HR 4909 PCS

1 (b) AUTHORITY.—Subsection (a) of such section is 

2 amended by striking ‘‘transition’’ and inserting ‘‘secu3 rity’’. 

4 (c) AMOUNT AVAILABLE.—Such section, as so 

5 amended, is further amended— 

6 (1) in subsection (c), by striking ‘‘fiscal year 

7 2016’’ and inserting ‘‘fiscal year 2017’’; and 

8 (2) in subsection (d), by striking ‘‘fiscal year 

9 2016’’ and inserting ‘‘fiscal year 2017’’. 

10 SEC. 1224. REPORT ON PREVENTION OF FUTURE TER11 RORIST ORGANIZATIONS IN IRAQ AND SYRIA. 

12 (a) REPORT REQUIRED.—Not later than 180 days 

13 after the date of the enactment of this Act, the Secretary 

14 of Defense shall submit to the congressional defense com15 mittees a report that describes the political, economic, and 

16 security conditions in Iraq and Syria that would be nec17 essary and sufficient to prevent the formation of future 

18 terrorist organizations in Iraq and Syria that may present 

19 a danger to the United States, its allies, and the stability 

20 of Iraq, Syria, and the rest of the Middle East region. 

21 (b) MATTERS TO BE INCLUDED.—The report re22 quired under subsection (a) shall include the following: 

23 (1) A detailed construct of the conditions that 

24 must be met for the Islamic State to be considered 


emcdonald on DSK3SPTVN1PROD with BILLS
639 

HR 4909 PCS

1 defeated and a successful conclusion to Operation 

2 Inherent Resolve achieved. 

3 (2) A detailed explanation of the political, eco4 nomic, and security conditions that would— 

5 (A) provide reasonable confidence a new 

6 terrorist organization, including a successor to 

7 al Qaeda or Islamic State, or an unrelated or8 ganization, would not form in the region in the 

9 short and long term; 

10 (B) decrease probability of terrorist at11 tacks on the United States, its allies, and coun12 tries in the Middle East; 

13 (C) eliminate safe havens for terrorist or14 ganizations in Syria and Iraq; and 

15 (D) diminish refugee flows within and out 

16 of Iraq and Syria. 

17 (3) A strategy for the United States and its al18 lies and partners to facilitate those political, eco19 nomic, and security conditions in the short and long 

20 term, including a description of— 

21 (A) the posture, roles, and activities of the 

22 Department of Defense in Iraq and Syria and 

23 the region; 

24 (B) the roles and responsibilities of United 

25 States’ allies and regional partners; and 


emcdonald on DSK3SPTVN1PROD with BILLS
640 

HR 4909 PCS

1 (C) the roles and responsibilities for other 

2 countries and groups in the region, including 

3 Kurds, Shia, and Sunni groups in Iraq and 

4 Syria, and Saudi Arabia and Iran. 

5 (4) Any other matters the Secretary of Defense 

6 may determine to be appropriate. 

7 (c) FORM.—The report required under subsection (a) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex if necessary. 

10 SEC. 1225. SEMIANNUAL REPORT ON INTEGRATION OF PO11 LITICAL AND MILITARY STRATEGIES 

12 AGAINST ISIL. 

13 (a) REPORTS REQUIRED.— 

14 (1) IN GENERAL.—The Secretary of Defense 

15 and the Secretary of State shall jointly submit to the 

16 appropriate committees of Congress, on a semi17 annual basis, a report on the political and military 

18 strategies to defeat the Islamic State in Iraq and the 

19 Levant. 

20 (2) SUBMITTAL.—A report under paragraph (1) 

21 shall be submitted not later than June 15 each year, 

22 for the 6-month period ending on May 31 of such 

23 year, and not later than December 15 each year, for 

24 the 6-month period ending on November 30 of such 

25 year. 


emcdonald on DSK3SPTVN1PROD with BILLS
641 

HR 4909 PCS

1 (3) FORM.—Each report required under para2 graph (1) shall be submitted in unclassified form, 

3 but may include a classified annex. 

4 (b) MATTERS TO BE INCLUDED.—Each report re5 quired under subsection (a) shall include the following: 

6 (1) Military strategy and objectives of the 

7 United States Department of Defense and coalition 

8 partners against the Islamic State in Iraq and the 

9 Levant (hereinafter in this section referred to as 

10 ‘‘ISIL’’); 

11 (2) Political strategy and objectives of the 

12 United States Department of State and coalition 

13 partners to address the political roots underlying the 

14 growth of ISIL, including— 

15 (A) a comprehensive political plan for 

16 achieving a transition plan, interim government, 

17 and free and fair internationally monitored elec18 tions after the end of the current government 

19 headed by Bashar al-Assad; 

20 (B) a comprehensive political plan for Iraqi 

21 political reform and reconciliation between eth22 nic groups and political parties (including a 

23 plan for passage of national guard legislation, 

24 repeal of de-Baathification laws, and a plan for 


emcdonald on DSK3SPTVN1PROD with BILLS
642 

HR 4909 PCS

1 equitable petroleum revenue sharing with the 

2 Kurdistan Regional Government); and 

3 (C) a critical assessment of the current 

4 size and structure of the Iraqi Security Forces 

5 (hereinafter in this section referred to as 

6 ‘‘ISF’’) including an assessment of— 

7 (i) provincial and neighborhood mili8 tias and special counterterrorism units; 

9 (ii) any changes in strength and mix 

10 of force structure within the ISF; 

11 (iii) levels of recruitment, retention, 

12 and attrition within ISF forces; and 

13 (iv) the operating budget of the ISF. 

14 (c) REPORT BY COMPTROLLER GENERAL.—Not later 

15 than 180 days after the date of the enactment of this Act, 

16 the Comptroller General of the United States shall submit 

17 to the appropriate committees of Congress a review of— 

18 (1) the transparency and anti-fraud, internal 

19 controls and accounting, and other measures under20 taken by the Government of Iraq for the ISF, in21 cluding irregular forces, relating to cash transfers 

22 and other assistance provided through the Iraq 

23 Train and Equip Fund; and 

24 (2) the financial management capacity and ac25 countability of United States direct assistance with 


emcdonald on DSK3SPTVN1PROD with BILLS
643 

HR 4909 PCS

1 respect to all recipients of funding under the Iraq 

2 Train and Equip Fund. 

3 (d) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means— 

6 (1) the Committee on Armed Services, the 

7 Committee on Appropriations, and the Committee on 

8 Foreign Relations of the Senate; and 

9 (2) the Committee on Armed Services, the 

10 Committee on Appropriations, and the Committee on 

11 Foreign Affairs of the House of Representatives. 

12 (e) SUNSET.—The requirements under this section 

13 shall expire on the date that is three years after the date 

14 of the enactment of this Act. 

15 SEC. 1226. SENSE OF CONGRESS CONDEMNING CON16 TINUING ATTACKS ON MEDICAL FACILITIES 

17 IN SYRIA. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) Attacks intentionally targeting civilians, 

20 medical personnel, or medical facilities constitute 

21 grave violations of international humanitarian law. 

22 (2) In Syria, schools, markets, and hospitals 

23 are routinely destroyed in attacks and medical pro24 viders routinely targeted for attacks. 


emcdonald on DSK3SPTVN1PROD with BILLS
644 

HR 4909 PCS

1 (3) Physicians for Human Rights has docu2 mented at least 350 airstrikes against medical facili3 ties and the deaths of over 700 medical personnel in 

4 Syria since 2011. 

5 (4) So far in May 2016, there have been at 

6 least six attacks on medical facilities in the city of 

7 Aleppo alone in less than a week killing dozens, in8 cluding the last pediatrician still working in Aleppo. 

9 (5) These attacks seriously hinder access to 

10 medical care and are compounded by ongoing efforts 

11 by the Syrian regime to block or limit humanitarian 

12 aid to Syrians. 

13 (6) Secretary of State John Kerry has con14 demned these attacks arguing, ‘‘there is no justifica15 tion for this horrific violence that targets civilians or 

16 medical facilities or first responders no matter who 

17 it is, whether it’s a member of the opposition retali18 ating or the regime in its brutality against the civil19 ians which has continued for five years.’’. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the Department of Defense and all other 

23 appropriate United States Government agencies 

24 should continue to strongly condemn and call for an 

25 immediate end to attacks on medical facilities and 


emcdonald on DSK3SPTVN1PROD with BILLS
645 

HR 4909 PCS

1 medical providers in Syria and work to ensure that 

2 doctors can do their job and provide care to the 

3 those in need; 

4 (2) humanitarian crises in Syria and Iraq, exac5 erbated by targeted attacks on medical facilities, 

6 personnel, and schools, threaten the achievement of 

7 United States goals in the region, such as destroying 

8 and dismantling the Islamic State in Iraq and the 

9 Levant (ISIL) and peace and stability in the region, 

10 including Syria; 

11 (3) the United States and international commu12 nity should do more to support medical professionals 

13 and medical nonprofit organizations working in 

14 Syria, at great risk to their personal well-being, to 

15 treat the ill and infirm and ensure some level of 

16 medical care for Syrians; and 

17 (4) the Department of Defense is strongly en18 couraged to support, where appropriate, other ap19 propriate United States Government agencies and 

20 entities engaged in meeting urgent and increasing 

21 humanitarian and medical needs in Syria, especially 

22 in areas where medical facilities and providers have 

23 been targeted by the Syrian regime, ISIL, or Al24 Qaeda. 


emcdonald on DSK3SPTVN1PROD with BILLS
646 

HR 4909 PCS

1 SEC. 1227. UNITED NATIONS PROCESSING CENTER IN 

2 ERBIL, IRAQI KURDISTAN, TO ASSIST INTER3 NATIONALLY-DISPLACED COMMUNITIES. 

4 The President shall instruct the United States Per5 manent Representative to the United Nations to use the 

6 voice and vote of the United States at the United Nations 

7 to seek the establishment of a United Nations processing 

8 center in Erbil, Iraqi Kurdistan, to assist internationally9 displaced communities. 

10 SEC. 1228. SENSE OF CONGRESS ON BUSINESS PRACTICES 

11 OF THE ISLAMIC STATE OF IRAQ AND SYRIA 

12 (ISIS). 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) For nearly two years, the Islamic State of 

15 Iraq and Syria (ISIS) has capitalized on established 

16 oil production facilities throughout Iraq and Syria in 

17 order to fund its jihadist operations globally. 

18 (2) Oil production and sale represent the larg19 est and most vulnerable income factors for ISIS. 

20 (3) In 2015, ISIS oil sales brought in over 

21 $400,000,000 to prop up the terror group’s oper22 ations world-wide. 

23 (4) ISIS has executed a robust recruitment 

24 scheme to staff and operate the oil facilities within 

25 the group’s control and maintained smuggling routes 

26 for the sale of that oil. 


emcdonald on DSK3SPTVN1PROD with BILLS
647 

HR 4909 PCS

1 (5) Further disrupting ISIS oil production and 

2 sale structures would be minimally invasive but 

3 would effectively curtail the terror group’s ability to 

4 self-finance. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the United States should focus all necessary 

7 efforts in the Middle East to disrupt the financing of the 

8 Islamic State of Iraq and Syria (ISIS) through oil produc9 tion and sale. 

10 SEC. 1229. PROHIBITION ON TRANSFER OF MAN-PORTABLE 

11 AIR DEFENSE SYSTEMS TO ANY ENTITY IN 

12 SYRIA. 

13 None of the funds authorized to be appropriated by 

14 this Act or otherwise made available for the Department 

15 of Defense for fiscal year 2017 may be obligated or ex16 pended to transfer or facilitate the transfer of man-port17 able air defense systems (MANPADS) to any entity in 

18 Syria. 

19 Subtitle D—Matters Relating to the 

20 Russian Federation 

21 SEC. 1231. LIMITATION ON USE OF FUNDS TO APPROVE OR 

22 OTHERWISE PERMIT APPROVAL OF CERTAIN 

23 REQUESTS BY RUSSIAN FEDERATION UNDER 

24 OPEN SKIES TREATY. 

25 (a) DEFINITIONS.—In this section: 


emcdonald on DSK3SPTVN1PROD with BILLS
648 

HR 4909 PCS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Foreign Relations, and the Select 

6 Committee on Intelligence of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, and the Perma9 nent Select Committee on Intelligence of the 

10 House of Representatives. 

11 (2) COVERED STATE PARTY.—The term ‘‘cov12 ered state party’’ means a foreign country that— 

13 (A) is a state party to the Open Skies 

14 Treaty; and 

15 (B) is a United States ally. 

16 (3) OBSERVATION AIRCRAFT, OBSERVATION

17 FLIGHT, AND SENSOR.—The terms ‘‘observation air18 craft’’, ‘‘observation flight’’, and ‘‘sensor’’ have the 

19 meanings given such terms in Article II of the Open 

20 Skies Treaty. 

21 (4) OPEN SKIES TREATY.—The term ‘‘Open 

22 Skies Treaty’’ means the Treaty on Open Skies, 

23 done at Helsinki March 24, 1992, and entered into 

24 force January 1, 2002. 


emcdonald on DSK3SPTVN1PROD with BILLS
649 

HR 4909 PCS

1 (b) LIMITATION.—None of the funds authorized to 

2 be appropriated or otherwise made available by this Act 

3 or any other Act for fiscal year 2017 or any subsequent 

4 fiscal year may be used to approve or otherwise permit 

5 the approval of a request by the Russian Federation to 

6 carry out an initial or exhibition observation flight or cer7 tification event of an observation aircraft on which is in8 stalled an upgraded sensor with infrared or synthetic aper9 ture radar capability over the territory of the United 

10 States or over the territory of a covered state party under 

11 the Open Skies Treaty unless and until the Secretary of 

12 Defense, jointly with the Secretary of State, the Secretary 

13 of Energy, the Secretary of Homeland Security, the Direc14 tor of the Federal Bureau of Investigation, the Director 

15 of National Intelligence, and the commander of U.S. Stra16 tegic Command and the Commander of U.S. Northern 

17 Command in the case of a flight over the territory of the 

18 United States and the Commander of U.S. European 

19 Command in the case of other flights, submits to the ap20 propriate congressional committees the following: 

21 (1) CERTIFICATION.—A certification that— 

22 (A) the Russian Federation— 

23 (i) is taking no action that is incon24 sistent with the terms of the Open Skies 

25 Treaty; 


emcdonald on DSK3SPTVN1PROD with BILLS
650 

HR 4909 PCS

1 (ii) is not exceeding the imagery limits 

2 set forth in the Treaty; and 

3 (iii) is allowing overflights by covered 

4 state parties over all of Moscow, Chechnya, 

5 Abkhazia, South Ossetia, and Kaliningrad 

6 without restriction and without inconsist7 ency to requirements under the Open Skies 

8 Treaty; and 

9 (B) covered state parties have been noti10 fied and briefed on concerns of the intelligence 

11 community (as defined in section 3 of the Na12 tional Security Act of 1947 (50 U.S.C. 3003)) 

13 regarding upgraded sensors used under the 

14 Open Skies Treaty. 

15 (2) REPORT.—A report on the Open Skies 

16 Treaty that includes the following: 

17 (A) The annual costs to the United States 

18 associated with countermeasures to combat po19 tential abuses of Russian flights carried out 

20 under the Open Skies Treaty over European 

21 and United States territories with a sensor de22 scribed in paragraph (1)(B). 

23 (B) A plan to replace the Open Skies 

24 Treaty architecture with a more robust sharing 

25 of overhead commercial imagery, consistent 


emcdonald on DSK3SPTVN1PROD with BILLS
651 

HR 4909 PCS

1 with United States national security, with cov2 ered state parties, excluding the Russian Fed3 eration. 

4 (C) An evaluation by the Director of Na5 tional Intelligence of matters concerning how an 

6 observation flight described in subparagraph 

7 (A) could implicate intelligence activities of the 

8 Russian Federation in the United States and 

9 United States counterintelligence activities and 

10 vulnerabilities. 

11 (D) An assessment of how such informa12 tion is used by the Russian Federation, for 

13 what purpose, and how the information fits into 

14 the Russian Federation’s overall collection pos15 ture. 

16 (c) NOTICE.— 

17 (1) IN GENERAL.—Not later than 14 days after 

18 the completion of an observation flight over the 

19 United States, the Secretary of Defense, jointly with 

20 the Secretary of Energy, the Secretary of Homeland 

21 Security, the Director of the Federal Bureau of In22 vestigation, and the Director of National Intel23 ligence, shall notify the appropriate congressional 

24 committees of such flight. 


emcdonald on DSK3SPTVN1PROD with BILLS
652 

HR 4909 PCS

1 (2) CONTENTS.—Notice submitted for a flight 

2 pursuant to paragraph (1) shall include the fol3 lowing: 

4 (A) A description of the flight path. 

5 (B) An analysis of whether and the extent 

6 to which any United States critical infrastruc7 ture was the subject of image capture activities 

8 of such flight. 

9 (C) An estimate for the mitigation costs 

10 imposed on the Department of Defense or other 

11 United States Government agencies by such 

12 flight. 

13 (D) An assessment of how such informa14 tion is used by the Russian Federation, for 

15 what purpose, and how the information fits into 

16 the Russian Federation’s overall collection pos17 ture. 

18 (d) ADDITIONAL LIMITATION.— 

19 (1) IN GENERAL.—Not more than 65 percent of 

20 the funds authorized to be appropriated or otherwise 

21 made available by this Act or any other Act for fis22 cal year 2017 year may be used to carry out any ac23 tivities to implement the Open Skies Treaty until the 

24 requirements described in paragraph (2) are met. 


emcdonald on DSK3SPTVN1PROD with BILLS
653 

HR 4909 PCS

1 (2) REQUIREMENTS DESCRIBED.—The require2 ments described in this paragraph are the following: 

3 (A) The Director of National Intelligence 

4 and the Director of the National Geospatial-In5 telligence Agency jointly submit to the appro6 priate congressional committees a report on the 

7 following: 

8 (i) Whether it is possible, consistent 

9 with United States national security inter10 ests, to provide enhanced access to United 

11 States commercial imagery or other United 

12 States capabilities, consistent with the pro13 tection of sources and methods and United 

14 States national security, to covered state 

15 parties that is qualitatively similar to that 

16 derived by flights over the territory of the 

17 United States or over the territory of a 

18 covered state party under the Open Skies 

19 Treaty, on a more timely basis. 

20 (ii) What the cost would be to provide 

21 enhanced access to such commercial im22 agery or other capabilities as compared to 

23 the current imagery sharing through the 

24 Open Skies Treaty. 


emcdonald on DSK3SPTVN1PROD with BILLS
654 

HR 4909 PCS

1 (iii) Whether any new agreements 

2 would be needed to provide enhanced ac3 cess to such commercial imagery or other 

4 capabilities and what would be required to 

5 obtain such agreements. 

6 (iv) Whether transitioning to such 

7 commercial imagery or other capabilities 

8 from the current imagery sharing through 

9 the Open Skies Treaty would reduce op10 portunities by the Russian Federation to 

11 exceed imagery limits and reduce utility for 

12 Russian intelligence collection against the 

13 United States or covered state parties. 

14 (v) How such commercial imagery or 

15 other capabilities would compare to the 

16 current imagery sharing through the Open 

17 Skies Treaty. 

18 (B) The Secretary of State, in consultation 

19 with the Director of the National Geospatial In20 telligence Agency and the Secretary of Defense, 

21 submits to the appropriate congressional com22 mittees an unclassified report that— 

23 (i) details the costs for implementa24 tion of the Open Skies Treaty, including— 


emcdonald on DSK3SPTVN1PROD with BILLS
655 

HR 4909 PCS

1 (I) mitigation costs relating to 

2 national security; and 

3 (II) aircraft, sensors, and related 

4 overhead and treaty implementation 

5 costs for covered state parties; and 

6 (ii) describes the impact on contribu7 tions by covered state parties and relation8 ships among covered state parties in the 

9 context of the Open Skies Treaty, the 

10 North Atlantic Treaty Organization, and 

11 any other venues for United States part12 nership dialogue and activity. 

13 SEC. 1232. MILITARY RESPONSE OPTIONS TO RUSSIAN FED14 ERATION VIOLATION OF INF TREATY. 

15 (a) IN GENERAL.—An amount equal to $10,000,000 

16 of the amount authorized to be appropriated or otherwise 

17 made available to the Department of Defense for fiscal 

18 year 2017 to provide support services to the Executive Of19 fice of the President shall be withheld from obligation or 

20 expenditure until the Secretary of Defense— 

21 (1) submits to the appropriate congressional 

22 committees the plan for the development of military 

23 capabilities as described in paragraph (1) of section 

24 1243(d) of the National Defense Authorization Act 


emcdonald on DSK3SPTVN1PROD with BILLS
656 

HR 4909 PCS

1 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

2 1062); and 

3 (2) carries out the development of capabilities 

4 pursuant to such plan in accordance with the re5 quirements described in paragraph (3) of such sec6 tion. 

7 (b) DEFINITION.—In this section, the term ‘‘appro8 priate congressional committees’’ has the meaning given 

9 such term in section 1243(e) of the National Defense Au10 thorization Act for Fiscal Year 2016. 

11 SEC. 1233. LIMITATION ON MILITARY COOPERATION BE12 TWEEN THE UNITED STATES AND THE RUS13 SIAN FEDERATION. 

14 (a) LIMITATION.—None of the funds authorized to 

15 be appropriated for fiscal year 2017 for the Department 

16 of Defense may be used for any bilateral military-to-mili17 tary cooperation between the Governments of the United 

18 States and the Russian Federation until the Secretary of 

19 Defense, in coordination with the Secretary of State, cer20 tifies to the appropriate congressional committees that— 

21 (1) the Russian Federation has ceased its occu22 pation of Ukrainian territory and its aggressive ac23 tivities that threaten the sovereignty and territorial 

24 integrity of Ukraine and members of the North At25 lantic Treaty Organization; and 


emcdonald on DSK3SPTVN1PROD with BILLS
657 

HR 4909 PCS

1 (2) the Russian Federation is abiding by the 

2 terms of and taking steps in support of the Minsk 

3 Protocols regarding a ceasefire in eastern Ukraine. 

4 (b) NONAPPLICABILITY.—The limitation in sub5 section (a) shall not apply to— 

6 (1) any activities necessary to ensure the com7 pliance of the United States with its obligations or 

8 the exercise of rights of the United States under any 

9 bilateral or multilateral arms control or nonprolifera10 tion agreement or any other treaty obligation of the 

11 United States; and 

12 (2) any activities required to provide logistical 

13 or other support to the conduct of United States or 

14 North Atlantic Treaty Organization military oper15 ations in Afghanistan or the withdrawal from Af16 ghanistan. 

17 (c) WAIVER.—The Secretary of Defense may waive 

18 the limitation in subsection (a) if the Secretary of Defense, 

19 in coordination with the Secretary of State— 

20 (1) determines that the waiver is in the national 

21 security interest of the United States; and 

22 (2) submits to the appropriate congressional 

23 committees— 

24 (A) a notification that the waiver is in the 

25 national security interest of the United States 


emcdonald on DSK3SPTVN1PROD with BILLS
658 

HR 4909 PCS

1 and a description of the national security inter2 est covered by the waiver; and 

3 (B) a report explaining why the Secretary 

4 of Defense cannot make the certification under 

5 subsection (a). 

6 (d) EXCEPTION FOR CERTAIN MILITARY BASES.— 

7 The certification requirement specified in paragraph (1) 

8 of subsection (a) shall not apply to military bases of the 

9 Russian Federation in Ukraine’s Crimean peninsula oper10 ating in accordance with its 1997 agreement on the Status 

11 and Conditions of the Black Sea Fleet Stationing on the 

12 Territory of Ukraine. 

13 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘appropriate congres15 sional committees’’ means— 

16 (1) the Committee on Armed Services and the 

17 Committee on Foreign Relations of the Senate; and 

18 (2) the Committee on Armed Services and the 

19 Committee on Foreign Affairs of the House of Rep20 resentatives. 


emcdonald on DSK3SPTVN1PROD with BILLS
659 

HR 4909 PCS

1 SEC. 1234. STATEMENT OF POLICY ON UNITED STATES EF2 FORTS IN EUROPE TO REASSURE UNITED 

3 STATES PARTNERS AND ALLIES AND DETER 

4 AGGRESSION BY THE GOVERNMENT OF THE 

5 RUSSIAN FEDERATION. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The Russian Federation, under the leader9 ship of President Vladimir Putin, continues to dem10 onstrate its intent to expand its sphere of influence 

11 and limit Western influence both regionally and 

12 globally. 

13 (2) In March 2016, at a House Armed Services 

14 Committee hearing discussing worldwide threats, 

15 Major General James Marrs, Director for Intel16 ligence in the Joint Staff stated, ‘‘principally, what 

17 we are seeing in Russia. . .is just a breadth of capa18 bilities from strategic systems to anti access area de19 nial to even, I would say, a growing adeptness at op20 erating sort of just short of traditional military con21 flict that is posing a significant challenge in the fu22 ture’’. 

23 (3) In July 2015, Chairman of the Joint Chiefs 

24 of Staff, General Joseph Dunford, testified to the 

25 Senate Armed Services Committee, that ‘‘Russia 

26 presents the greatest threat to our national secuVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
660 

HR 4909 PCS

1 rity’’. In November 2015, Secretary of Defense, Ash2 ton Carter, discussed the need for ‘‘adapting our 

3 operational posture and contingency plans. . .to 

4 deter Russia’s aggression’’. 

5 (4) In February 2016, the Rand Corporation 

6 released its report, ‘‘Reinforcing Deterrence on 

7 NATO’s Eastern Flank’’, concluding that at a max8 imum it would take Russian forces approximately 60 

9 hours to reach the capitals of Estonia and Latvia, 

10 exhibiting the challenge to North Atlantic Treaty 

11 Organization (NATO) member countries of success12 fully defending such territory with its current pos13 ture and capability. 

14 (5) In February 2016, the Center for Strategic 

15 and International Studies released its report, ‘‘Eval16 uating U.S. Army Force Posture in Europe’’, calling 

17 for increased pre-positioned sets of United States 

18 military equipment, increased rotational forces and 

19 associated enablers, increased logistics capabilities, 

20 and increased investment in combating unconven21 tional warfare methods in Europe. 

22 (6) In February 2016, the National Commis23 sion on the Future of the Army released its findings 

24 and recommendations, which included Recommenda25 tion 14 calling for stationing an Armored Brigade 


emcdonald on DSK3SPTVN1PROD with BILLS
661 

HR 4909 PCS

1 Combat Team Forward in Europe and Rec2 ommendation 15 calling for the conversion of Army 

3 Europe Aviation Headquarters to a warfighting mis4 sion command. 

5 (7) In the National Defense Authorization Act 

6 for Fiscal Year 2015 (Public Law 114–92) and the 

7 National Defense Authorization Act for Fiscal Year 

8 2016 (Public Law 113–291), Congress authorized 

9 approximately $1,800,000,000 for the European Re10 assurance Initiative to reassure allies through ex11 panded United States military presence in Europe 

12 through rotational deployments of United States 

13 troops, bilateral and multilateral exercises, improved 

14 infrastructure, increased pre-positioned United 

15 States military equipment, and building partnership 

16 capacity. 

17 (8) The budget of the President for fiscal year 

18 2017 submitted to Congress under section 1105(a) 

19 of title 31, United States Code, includes 

20 $3,420,000,000 for the European Reassurance Ini21 tiative to begin the transition from primarily reas22 suring United States partners and allies to deterring 

23 the Russian Federation. 

24 (9) The request encompasses a large increase of 

25 conventional resources, including additional rotaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
662 

HR 4909 PCS

1 tional deployments of United States troops and pre2 positioning an Armored Brigade Combat Team’s 

3 worth of equipment into Europe. 

4 (10) The request also includes increased fund5 ing for unconventional warfare resources, including 

6 cyber and special operations forces, as well as for in7 telligence and indicators and warning. 

8 (b) STATEMENT OF POLICY.— 

9 (1) IN GENERAL.—It is the policy of the United 

10 States to reassure United States partners and allies 

11 in Europe and to work with United States partners 

12 and allies to deter aggression by the Government of 

13 the Russian Federation in order to enhance regional 

14 and global security and stability. 

15 (2) CONDUCT OF POLICY.—The policy described 

16 in paragraph (1) shall, among other things, be car17 ried out through a comprehensive defense strategy 

18 and guidance to outline the future path of defense 

19 resources and capabilities in the European theater. 

20 Such strategy and guidance shall include— 

21 (A) use and expansion of conventional 

22 methods, including increased United States 

23 presence, pre-positioning of United States mili24 tary equipment, increased infrastructure, and 

25 building partnership capacity in Europe; 


emcdonald on DSK3SPTVN1PROD with BILLS
663 

HR 4909 PCS

1 (B) emphasis on developing capabilities for 

2 countering unconventional methods of warfare, 

3 including cyber warfare, economic warfare, in4 formation operations, and intelligence oper5 ations; and 

6 (C) encouraging security assistance and 

7 capabilities of partners and allies, including 

8 NATO member countries. 

9 SEC. 1235. MODIFICATION OF UKRAINE SECURITY ASSIST10 ANCE INITIATIVE. 

11 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Sub12 section (a) of section 1250 of the National Defense Au13 thorization Act for Fiscal Year 2016 (Public Law 114– 

14 92; 129 Stat. 1068) is amended— 

15 (1) by striking ‘‘Of the amounts’’ and all that 

16 follows through ‘‘the Secretary of Defense’’ and in17 serting ‘‘The Secretary of Defense’’; and 

18 (2) by inserting ‘‘is authorized’’ before ‘‘to pro19 vide’’. 

20 (b) AVAILABILITY OF FUNDS.—Subsection (c) of 

21 such section is amended— 

22 (1) by striking paragraph (1); 

23 (2) by redesignating paragraphs (2) and (3) as 

24 paragraphs (1) and (2), respectively; 

25 (3) in paragraph (1) (as so redesignated)— 


emcdonald on DSK3SPTVN1PROD with BILLS
664 

HR 4909 PCS

1 (A) by striking ‘‘paragraph (3)’’ and in2 serting ‘‘paragraph (2)’’; and 

3 (B) by striking ‘‘pursuant to subsection 

4 (a)’’ and inserting ‘‘to carry out this section for 

5 a fiscal year’’; and 

6 (4) in paragraph (2) (as so redesignated)— 

7 (A) by striking ‘‘paragraph (2)’’ and in8 serting ‘‘paragraph (1)’’; and 

9 (B) by striking ‘‘commencing on the date 

10 that is six months after the date of the enact11 ment of this Act’’. 

12 SEC. 1236. PROHIBITION ON AVAILABILITY OF FUNDS RE13 LATING TO SOVEREIGNTY OF THE RUSSIAN 

14 FEDERATION OVER CRIMEA. 

15 (a) PROHIBITION.—None of the funds authorized to 

16 be appropriated by this Act or otherwise made available 

17 for fiscal year 2017 for the Department of Defense may 

18 be obligated or expended to implement any activity that 

19 recognizes the sovereignty of the Russian Federation over 

20 Crimea. 

21 (b) WAIVER.—The Secretary of Defense, with the 

22 concurrence of the Secretary of State, may waive the re23 striction on the obligation or expenditure of funds required 

24 by subsection (a) if the Secretary— 


emcdonald on DSK3SPTVN1PROD with BILLS
665 

HR 4909 PCS

1 (1) determines that to do so is in the national 

2 security interest of the United States; and 

3 (2) submits to the Committee on Armed Serv4 ices and the Committee on Foreign Relations of the 

5 Senate and the Committee on Armed Services and 

6 the Committee on Foreign Affairs of the House of 

7 Representatives a notification of the waiver at the 

8 time the waiver is invoked. 

9 SEC. 1237. MODIFICATION AND EXTENSION OF REPORT ON 

10 MILITARY ASSISTANCE TO UKRAINE. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Ukraine’s border is 6,995 kilometers long, 

14 including 1,974 kilometers of controlled border with 

15 the Russian Federation, 195 kilometers of an ad16 ministrative line with Crimea, and 409 kilometers of 

17 border in the east that is currently uncontrolled. 

18 (2) Since the beginning of the Russian-Ukrain19 ian conflict in 2014, 64 Ukrainian border guards 

20 have been killed and another 391 have been wound21 ed. 

22 (3) Implementation of the Minsk Agreement, 

23 signed in February 2015, requires the State Border 

24 Guard Service of Ukraine to reestablish border 

25 checkpoints in currently uncontrolled territory and 


emcdonald on DSK3SPTVN1PROD with BILLS
666 

HR 4909 PCS

1 to monitor the border to verify full implementation 

2 of the Agreement. 

3 (4) Ukraine is developing engineering and tech4 nical systems to strengthen the controlled border be5 tween Ukraine and the Russian Federation, Ukrain6 ian maritime borders, and areas adjacent to the un7 controlled territory and occupied Crimea. 

8 (5) Russian unmanned aerial vehicles are being 

9 used to support Russian-backed separatist artillery 

10 fire against Ukrainian forces. 

11 (6) Due to a lack of resources and equipment, 

12 Ukraine lacks an effective early warning network to 

13 warn of any new aggression on the border. 

14 (7) Section 1250 of the National Defense Au15 thorization Act for Fiscal Year 2016 (Public Law 

16 114–92; 129 Stat. 1068) calls for the United States 

17 to provide to Ukraine critical training and equip18 ment to enhance the capabilities of the military and 

19 other security forces of Ukraine to defend against 

20 further aggression from the Russian Federation and 

21 Russian-backed separatists. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 


emcdonald on DSK3SPTVN1PROD with BILLS
667 

HR 4909 PCS

1 (1) the United States should continue to sup2 port the Government of Ukraine’s efforts to provide 

3 and maintain security in Ukraine; 

4 (2) the State Border Guard Service of Ukraine 

5 needs sufficient equipment and technical assistance 

6 to defend and monitor Ukraine’s borders and to 

7 fully implement the Minsk Agreement; and 

8 (3) the Department of Defense should continue 

9 its work with the Ukrainian military, Ukrainian Na10 tional Guard, and Ukrainian State Border Guard 

11 Service to strengthen Ukraine’s defenses and defend 

12 its borders against aggressive actions. 

13 (c) MODIFICATION AND EXTENSION OF REPORT ON

14 MILITARY ASSISTANCE TO UKRAINE.— 

15 (1) CONGRESSIONAL COMMITTEES.—Subsection 

16 (b) of section 1275 of the Carl Levin and Howard 

17 P. ‘‘Buck’’ McKeon National Defense Authorization 

18 Act for Fiscal Year 2015 (Public Law 113–291; 128 

19 Stat. 3591) is amended by inserting ‘‘and the Com20 mittee on Foreign Relations of the Senate and the 

21 Committee on Foreign Affairs of the House of Rep22 resentatives’’ after ‘‘congressional defense commit23 tees’’. 

24 (2) ELEMENTS.—Subsection (c) of such section 

25 is amended by adding at the end the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
668 

HR 4909 PCS

1 ‘‘(8) A description of the extent to which the 

2 Department of Defense has provided security assist3 ance to the Government of Ukraine for the purposes 

4 of protecting and monitoring the borders of 

5 Ukraine.’’. 

6 (3) EXTENSION.—Subsection (e) of such sec7 tion, as amended by section 1250(g) of the National 

8 Defense Authorization Act for Fiscal Year 2016 

9 (Public Law 114–92; 129 Stat. 1070), is further 

10 amended by striking ‘‘December 31, 2017’’ and in11 serting ‘‘December 31, 2019’’. 

12 SEC. 1238. ADDITIONAL MATTERS IN ANNUAL REPORT ON 

13 MILITARY AND SECURITY DEVELOPMENTS 

14 INVOLVING THE RUSSIAN FEDERATION. 

15 (a) ADDITIONAL MATTERS.—Subsection (b) of sec16 tion 1245 of the Carl Levin and Howard P. ‘‘Buck’’ 

17 McKeon National Defense Authorization Act for Fiscal 

18 Year 2015 (Public Law 113–291; 128 Stat. 3566), as 

19 amended by section 1248(a) of the National Defense Au20 thorization Act for Fiscal Year 2016 (Public Law 114– 

21 92; 129 Stat. 1066), is further amended— 

22 (1) by redesignating paragraph (18) as para23 graph (19); and 

24 (2) by inserting after paragraph (17) the fol25 lowing: 


emcdonald on DSK3SPTVN1PROD with BILLS
669 

HR 4909 PCS

1 ‘‘(18) The current state of Russia’s foreign 

2 military deployments, which shall include the fol3 lowing: 

4 ‘‘(A) For each such deployment, the esti5 mated number of forces, types of capabilities to 

6 include advanced weapons, length of deploy7 ment, and where possible identifying basing 

8 agreements. 

9 ‘‘(B) The following information with re10 spect to such deployments to be disaggregated 

11 on a country-by-country basis: 

12 ‘‘(i) The number of Russian military 

13 personnel, including combat troops, mili14 tary trainers, combat enabling capabilities 

15 and border security agents, deployed to the 

16 country with the consent of the national or 

17 local government. The number and type of 

18 transient Russian naval vessels that have 

19 utilized ports of the country. Such infor20 mation should include the length of the 

21 basing arrangements, including the use of 

22 ports of such country by transient Russian 

23 naval vessels, and the strategic importance 

24 of the location. 


emcdonald on DSK3SPTVN1PROD with BILLS
670 

HR 4909 PCS

1 ‘‘(ii) The number of such Russian 

2 military personnel deployed in areas where 

3 Russian forces entered the country by 

4 force or are otherwise deployed over the 

5 objections of the national or local govern6 ment.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall take effect on the date of the enact9 ment of this Act, and shall apply with respect to reports 

10 submitted under section 1245 of the Carl Levin and How11 ard P. ‘‘Buck’’ McKeon National Defense Authorization 

12 Act for Fiscal Year 2015 after that date. 

13 Subtitle E—Other Matters 

14 SEC. 1241. SENSE OF CONGRESS ON MALIGN ACTIVITIES OF 

15 THE GOVERNMENT OF IRAN. 

16 (a) FINDINGS.—Congress finds that the Government 

17 of Iran continues to conduct provocative, malign activities 

18 in the region, including— 

19 (1) the launch of the Shahab-3 medium-range 

20 ballistic missile and Qiam-1 short-range ballistic 

21 missiles; 

22 (2) the intent to launch the Simorgh Space23 Launch Vehicle (SLV) as stated by Lieutenant Gen24 eral Vincent Stewart in testimony to the House 

25 Armed Services Committee: ‘‘Iran stated publicly it 


emcdonald on DSK3SPTVN1PROD with BILLS
671 

HR 4909 PCS

1 intends to launch the Simorgh (SLV), which would 

2 be capable of intercontinental ballistic missile 

3 (ICBM) range.’’; 

4 (3) the detention of United States service mem5 bers, which the Secretary of Defense, Ashton Carter, 

6 described in testimony to the House Armed Services 

7 Committee as ‘‘unprofessional’’ and ‘‘outrageous’’; 

8 (4) the support of foreign terrorist organiza9 tions designated by the Department of State, such 

10 as Lebanese Hezbollah and Kata’ib Hizbollah; 

11 (5) the support of the Assad regime in Syria; 

12 (6) the support of Shia militias in Iraq that 

13 have been directly responsible for the deaths of 

14 United States service members; and 

15 (7) the support of the Houthi rebels in Yemen 

16 in contravention to the internationally-recognized, le17 gitimate Government of Yemen. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the Joint Comprehensive Plan of Action 

21 (JCPOA) does not address the totality of the malign 

22 activities of the Government of Iran, including bal23 listic missile launches, support for designated foreign 

24 terrorist organizations, or other proxies conducting 

25 malign activities in the region and globally; 


emcdonald on DSK3SPTVN1PROD with BILLS
672 

HR 4909 PCS

1 (2) the United States should increase its efforts 

2 to counter the continued expansion of malign activi3 ties of the Government of Iran in the Middle East; 

4 (3) the United States should ensure that it has 

5 robust, enduring military posture and capabilities 

6 forward deployed in the Arabian Gulf region to deter 

7 Iranian aggression and respond to Iranian aggres8 sion, if necessary; and 

9 (4) the United States should strengthen bal10 listic missile defense capabilities and increase secu11 rity assistance to United States partners and allies 

12 in the region. 

13 SEC. 1242. MODIFICATION OF ANNUAL REPORT ON MILI14 TARY AND SECURITY DEVELOPMENTS IN15 VOLVING THE PEOPLE’S REPUBLIC OF 

16 CHINA. 

17 (a) ANNUAL REPORT.—Subsection (a) of section 

18 1202 of the National Defense Authorization Act for Fiscal 

19 Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 

20 113 note) is amended by striking ‘‘March 1 each year’’ 

21 and inserting ‘‘January 31 of each year through January 

22 31, 2021’’. 

23 (b) MATTERS TO BE INCLUDED.—Subsection (b) of 

24 such section, as most recently amended by section 1252(a) 

25 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon NaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
673 

HR 4909 PCS

1 tional Defense Authorization Act for Fiscal Year 2015 

2 (Public Law 113–291; 128 Stat. 3571), is further amend3 ed by adding at the end the following: 

4 ‘‘(21) A summary of the order of battle of the 

5 People’s Liberation Army, including anti-ship bal6 listic missiles, theater ballistic missiles, and land at7 tack cruise missile inventory. 

8 ‘‘(22) A description of the People’s Republic of 

9 China’s military and nonmilitary activities in the 

10 South China Sea.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section take effect on the date of the enactment of 

13 this Act and apply with respect to reports required to be 

14 submitted under subsection (a) of section 1202 of the Na15 tional Defense Authorization Act for Fiscal Year 2000 on 

16 or after that date. 

17 SEC. 1243. SENSE OF CONGRESS ON TRILATERAL COOPERA18 TION BETWEEN JAPAN, SOUTH KOREA, AND 

19 THE UNITED STATES. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) Japan and the Republic of Korea (South 

22 Korea) are both treaty allies and critically important 

23 security partners of the United States. 

24 (2) Japan and South Korea confront a range of 

25 shared challenges to their national security and to 


emcdonald on DSK3SPTVN1PROD with BILLS
674 

HR 4909 PCS

1 stability in the Asia-Pacific region, including the 

2 multitude of threats posed by the Democratic Peo3 ple’s Republic of Korea (North Korea). 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the United States should continue to sup7 port trilateral cooperation with Japan and South 

8 Korea; 

9 (2) the United States should continue to sup10 port defense cooperation between Japan and South 

11 Korea on the full range of issues related to North 

12 Korea and to other security challenges in the Asia13 Pacific region; and 

14 (3) the United States should seek to facilitate 

15 closer security cooperation with and between Japan 

16 and South Korea on— 

17 (A) non-proliferation; 

18 (B) cyber security; 

19 (C) maritime security; 

20 (D) security technology and capability de21 velopment; and 

22 (E) other areas of mutual security benefit. 


emcdonald on DSK3SPTVN1PROD with BILLS
675 

HR 4909 PCS

1 SEC. 1244. SENSE OF CONGRESS ON COOPERATION BE2 TWEEN SINGAPORE AND THE UNITED 

3 STATES. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) 2016 is the 50th year of relations between 

6 the United States and the Republic of Singapore. 

7 (2) The United States and Singapore signed an 

8 enhanced defense cooperation agreement on Decem9 ber 7, 2015. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) the United States should continue to con13 duct bilateral cooperation and support the strategic 

14 partnership with Singapore to promote peace and 

15 stability in the Asia-Pacific region; 

16 (2) the United States welcomes the signing of 

17 the enhanced Defense Cooperation Agreement with 

18 Singapore and should expand bilateral training and 

19 cooperation on security issues, including maritime 

20 security, cyber security, countering violent extre21 mism, humanitarian assistance, and disaster relief; 

22 (3) the United States should continue efforts 

23 with Singapore to address transnational issues and 

24 strengthen regional and multilateral institutions that 

25 promote security cooperation based on internation26 ally accepted rules and norms; and 


emcdonald on DSK3SPTVN1PROD with BILLS
676 

HR 4909 PCS

1 (4) the United States should improve joint 

2 interoperability and security collaboration with 

3 Singapore to enhance capabilities to maintain re4 gional stability. 

5 SEC. 1245. MONITORING AND EVALUATION OF OVERSEAS 

6 HUMANITARIAN, DISASTER, AND CIVIC AID 

7 PROGRAMS OF THE DEPARTMENT OF DE8 FENSE. 

9 (a) IN GENERAL.—Of the amounts authorized to be 

10 appropriated by this Act for Overseas Humanitarian, Dis11 aster, and Civic Aid, the Secretary of Defense is author12 ized to use up to 5 percent of such amounts to conduct 

13 monitoring and evaluation of programs that are funded 

14 using such amounts during fiscal year 2017. 

15 (b) BRIEFING.—Not later than 90 days after the date 

16 of the enactment of this Act, the Secretary of Defense 

17 shall provide to the appropriate congressional committees 

18 a briefing on mechanisms to evaluate the programs con19 ducted pursuant to the authorities listed in subsection (a). 

20 (c) DEFINITION.—In subsection (b), the term ‘‘ap21 propriate congressional committees’’ means— 

22 (1) the Committee on Armed Services and the 

23 Committee on Foreign Relations of the Senate; and 


emcdonald on DSK3SPTVN1PROD with BILLS
677 

HR 4909 PCS

1 (2) the Committee on Armed Services and the 

2 Committee on Foreign Affairs of the House of Rep3 resentatives. 

4 SEC. 1246. ENHANCEMENT OF INTERAGENCY SUPPORT 

5 DURING CONTINGENCY OPERATIONS AND 

6 TRANSITION PERIODS. 

7 (a) AUTHORITY.—The Secretary of Defense and the 

8 Secretary of State may enter into an agreement under 

9 which each Secretary may provide covered support, sup10 plies, and services on a reimbursement basis, or by ex11 change of covered support, supplies, and services, to the 

12 other Secretary during a contingency operation and re13 lated transition period for up to two years following the 

14 end of such contingency operation. 

15 (b) AGREEMENT.—An agreement entered into under 

16 this section shall be in writing and shall include the fol17 lowing terms: 

18 (1) The price charged by a supplying agency 

19 shall be the direct costs that such agency incurred 

20 by providing the covered support, supplies, or serv21 ices to the requesting agency under this section. 

22 (2) Credits and liabilities of the agencies ac23 crued as a result of acquisitions and transfers of 

24 covered support, supplies, and services under this 

25 section shall be liquidated not less often than once 


emcdonald on DSK3SPTVN1PROD with BILLS
678 

HR 4909 PCS

1 every 3 months by direct payment to the agency 

2 supplying such support, supplies, or services by the 

3 agency receiving such support, supplies, or services. 

4 (3) Exchange entitlements accrued as a result 

5 of acquisitions and transfers of covered support, 

6 supplies, and services under this section shall be sat7 isfied within 12 months after the date of the delivery 

8 of the covered support, supplies, or services. Ex9 change entitlements not so satisfied shall be imme10 diately liquidated by direct payment to the agency 

11 supplying such covered support, supplies, or services. 

12 (c) EFFECT OF OBLIGATION AND AVAILABILITY OF

13 FUNDS.—An order placed by an agency pursuant to an 

14 agreement under this section is deemed to be an obligation 

15 in the same manner that a similar order placed under a 

16 contract with, or a contract for similar goods or services 

17 awarded to, a private contractor is an obligation. Appro18 priations remain available to pay an obligation to the serv19 icing agency in the same manner as appropriations remain 

20 available to pay an obligation to a private contractor. 

21 (d) DEFINITIONS.—In this section: 

22 (1) COVERED SUPPORT, SUPPLIES, AND SERV23 ICES.—The term ‘‘covered support, supplies, and 

24 services’’ means food, billeting, transportation (in25 cluding airlift), petroleum, oils, lubricants, commuVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
679 

HR 4909 PCS

1 nications services, medical services, ammunition, 

2 base operations support, use of facilities, spare parts 

3 and components, repair and maintenance services, 

4 and calibration services. 

5 (2) CONTINGENCY OPERATION.—The term 

6 ‘‘contingency operation’’ has the meaning given that 

7 term in section 101(a)(13) of title 10, United States 

8 Code. 

9 (e) CREDITING OF RECEIPTS.—Any receipt as a re10 sult of an agreement entered into under this section shall 

11 be credited, at the option of the Secretary of Defense with 

12 respect to the Department of Defense and the Secretary 

13 of State with respect to the Department of State, to— 

14 (1) the appropriation, fund, or account used in 

15 incurring the obligation; or 

16 (2) an appropriate appropriation, fund, or ac17 count currently available for the purposes for which 

18 the expenditures were made. 

19 (f) NOTIFICATION.—Not later than 30 days after the 

20 end of a fiscal year in which covered support, supplies, 

21 and services are provided or exchanged pursuant to an 

22 agreement under this section, the Secretary of Defense 

23 and the Secretary of State shall jointly submit to the con24 gressional defense committees, the Committee on Foreign 

25 Relations of the Senate, and the Committee on Foreign 


emcdonald on DSK3SPTVN1PROD with BILLS
680 

HR 4909 PCS

1 Affairs of the House of Representatives a notification that 

2 contains a copy of such agreement and a description of 

3 such covered support, supplies, and services. 

4 (g) SUNSET.—The authority to enter into an agree5 ment under this section shall terminate at the close of De6 cember 31, 2018. 

7 SEC. 1247. TWO-YEAR EXTENSION AND MODIFICATION OF 

8 AUTHORIZATION OF NON-CONVENTIONAL AS9 SISTED RECOVERY CAPABILITIES. 

10 (a) EXTENSION OF AUTHORITY.—Subsection (h) of 

11 section 943 of the Duncan Hunter National Defense Au12 thorization Act for Fiscal Year 2009 (Public Law 110– 

13 417; 122 Stat. 4579), as most recently amended by sec14 tion 1271 of the National Defense Authorization Act for 

15 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1075), 

16 is further amended by striking ‘‘2018’’ and inserting 

17 ‘‘2020’’. 

18 (b) MODIFICATION TO AUTHORIZED ACTIVITIES.— 

19 Subsection (c) of such section is amended by inserting ‘‘, 

20 or other individuals, as determined by the Secretary of De21 fense, with respect to already established non-conventional 

22 assisted recovery capabilities’’ before the period at the end 

23 of the first sentence. 


emcdonald on DSK3SPTVN1PROD with BILLS
681 

HR 4909 PCS

1 SEC. 1248. AUTHORITY TO DESTROY CERTAIN SPECIFIED 

2 WORLD WAR II-ERA UNITED STATES-ORIGIN 

3 CHEMICAL MUNITIONS LOCATED ON SAN 

4 JOSE ISLAND, REPUBLIC OF PANAMA. 

5 (a) AUTHORITY.— 

6 (1) IN GENERAL.—Subject to subsection (b), 

7 the Secretary of Defense may destroy the chemical 

8 munitions described in subsection (c). 

9 (2) EX GRATIA ACTION.—The action authorized 

10 by this section is ‘‘ex gratia’’ on the part of the 

11 United States, as the term ‘‘ex gratia’’ is used in 

12 section 321 of the Strom Thurmond National De13 fense Authorization Act for Fiscal Year 1999 (Pub14 lic Law 105–261; 10 U.S.C. 2701 note). 

15 (3) CONSULTATION BETWEEN SECRETARY OF

16 DEFENSE AND SECRETARY OF STATE.—The Sec17 retary of Defense and the Secretary of State shall 

18 consult and develop any arrangements with the Re19 public of Panama with respect to this section. 

20 (b) CONDITIONS.—The Secretary of Defense may ex21 ercise the authority under subsection (a) only if the Re22 public of Panama has— 

23 (1) revised the declaration of the Republic of 

24 Panama under the Convention on the Prohibition of 

25 the Development, Production, Stockpiling and Use 

26 of Chemical Weapons and on Their Destruction to 


emcdonald on DSK3SPTVN1PROD with BILLS
682 

HR 4909 PCS

1 indicate that the chemical munitions described in 

2 subsection (c) are ‘‘old chemical weapons’’ rather 

3 than ‘‘abandoned chemical weapons’’; and 

4 (2) affirmed, in writing, that it understands (A) 

5 that the United States intends only to destroy the 

6 munitions described in subsections (c) and (d), and 

7 (B) that the United States is not legally obligated 

8 and does not intend to destroy any other munitions, 

9 munitions constituents, and associated debris that 

10 may be located on San Jose Island as a result of re11 search, development, and testing activities conducted 

12 on San Jose Island during the period of 1943 

13 through 1947. 

14 (c) CHEMICAL MUNITIONS.—The chemical munitions 

15 described in this subsection are the eight United States16 origin chemical munitions located on San Jose Island, Re17 public of Panama, that were identified in the 2002 Final 

18 Inspection Report of the Technical Secretariat of the Or19 ganization for the Prohibition of Chemical Weapons. 

20 (d) LIMITED INCIDENTAL AUTHORITY TO DESTROY

21 OTHER MUNITIONS.—In exercising the authority under 

22 subsection (a), the Secretary of Defense may destroy other 

23 munitions located on San Jose Island, Republic of Pan24 ama, but only to the extent essential and required to reach 


emcdonald on DSK3SPTVN1PROD with BILLS
683 

HR 4909 PCS

1 and destroy the chemical munitions described in sub2 section (c). 

3 (e) SOURCE OF FUNDS.—Of the amounts authorized 

4 to be appropriated by this Act, the Secretary of Defense 

5 may use up to $30,000,000 from amounts made available 

6 for Chemical Agents and Munitions Destruction, Defense 

7 to carry out the authority in subsection (a). 

8 (f) SUNSET.—The authority under subsection (a) 

9 shall terminate on the date that is three years after the 

10 date of the enactment of this Act. 

11 SEC. 1249. STRATEGY FOR UNITED STATES DEFENSE IN12 TERESTS IN AFRICA. 

13 (a) REQUIRED REPORT.—Not later than one year 

14 after the date of the enactment of this Act, the Secretary 

15 of Defense shall submit to the congressional defense com16 mittees a report that contains the strategy for United 

17 States defense interests in Africa. 

18 (b) MATTERS TO BE INCLUDED.—The report re19 quired by subsection (a) shall address the following: 

20 (1) United States national security interests in 

21 Africa, including an assessment of threats to global 

22 and regional United States national security inter23 ests emanating from the continent. 

24 (2) United States defense objectives in Africa. 


emcdonald on DSK3SPTVN1PROD with BILLS
684 

HR 4909 PCS

1 (3) Courses of action to accomplish United 

2 States defense objectives in Africa, including those 

3 conducted in cooperation with other Federal agen4 cies. 

5 (4) Measures to improve coordination between 

6 United States Africa Command and other combatant 

7 commands to achieve unity of effort to counter 

8 threats that cross combatant command boundaries. 

9 (5) Department of Defense capabilities and re10 sources required to achieve defense objectives in Af11 rica, and the mitigation plan to address any gaps in 

12 such capabilities or resources that affect the imple13 mentation of the strategy required by subsection (a). 

14 (6) Security cooperation initiatives to advance 

15 defense objectives in Africa. 

16 (7) Any other matters the Secretary of Defense 

17 determines to be appropriate. 

18 (c) FORM.—The report required by subsection (a) 

19 shall be submitted in unclassified form, but may contain 

20 a classified annex if necessary. 

21 SEC. 1250. UNITED STATES-ISRAEL DIRECTED ENERGY CO22 OPERATION. 

23 (a) AUTHORITY TO ESTABLISH DIRECTED ENERGY

24 CAPABILITIES PROGRAM WITH ISRAEL.— 


emcdonald on DSK3SPTVN1PROD with BILLS
685 

HR 4909 PCS

1 (1) IN GENERAL.—The Secretary of Defense, 

2 upon the request of the Ministry of Defense of 

3 Israel, and with the concurrence of the Secretary of 

4 State, may carry out research, development, test, 

5 and evaluation activities, on a joint basis with Israel, 

6 to establish directed energy capabilities to detect and 

7 defeat ballistic missiles, cruise missiles, unmanned 

8 aerial vehicles, mortars, and improvised explosive de9 vices that threaten the United States, deployed 

10 forces of the United States, or Israel. Any activities 

11 carried out pursuant to such authority shall be con12 ducted in a manner that appropriately protects sen13 sitive information and the national security interests 

14 of the United States and Israel. 

15 (2) REPORT.—The activities described in para16 graph (1) may be carried out after the Secretary of 

17 Defense submits to the appropriate committees of 

18 Congress a report setting forth the following: 

19 (A) A memorandum of agreement between 

20 the United States and Israel regarding sharing 

21 of research and development costs for the capa22 bilities described in paragraph (1), and any 

23 supporting documents. 

24 (B) A certification that the memorandum 

25 of agreement— 


emcdonald on DSK3SPTVN1PROD with BILLS
686 

HR 4909 PCS

1 (i) requires sharing of costs of 

2 projects, including in-kind support, be3 tween the United States and Israel; 

4 (ii) establishes a framework to nego5 tiate the rights to any intellectual property 

6 developed under the memorandum of 

7 agreement; and 

8 (iii) requires the United States Gov9 ernment to receive semiannual reports on 

10 expenditure of funds, if any, by the Gov11 ernment of Israel, including a description 

12 of what the funds have been used for, 

13 when funds were expended, and an identi14 fication of entities that expended the 

15 funds. 

16 (3) ANNUAL LIMITATION ON AMOUNT.—The 

17 amount of support provided under this subsection in 

18 any year may not exceed $25,000,000. 

19 (b) LEAD AGENCY.—The Secretary of Defense shall 

20 designate the Missile Defense Agency as the appropriate 

21 research and development entity and as the lead agency 

22 of the Department of Defense in carrying out this section. 

23 (c) SEMIANNUAL REPORTS.—The Secretary of De24 fense shall submit to the appropriate committees of Con25 gress on a semiannual basis a report that contains a copy 


emcdonald on DSK3SPTVN1PROD with BILLS
687 

HR 4909 PCS

1 of the most recent semiannual report provided by the Gov2 ernment of Israel to the Department of Defense pursuant 

3 to subsection (a)(2)(B)(iii). 

4 (d) SUNSET.—The authority in this section to carry 

5 out activities described in subsection (a) shall expire on 

6 December 31, 2018. 

7 (e) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate commit9 tees of Congress’’ means— 

10 (1) the Committee on Armed Services, the 

11 Committee on Foreign Relations, the Committee on 

12 Homeland Security and Governmental Affairs, the 

13 Committee on Appropriations, and the Select Com14 mittee on Intelligence of the Senate; and 

15 (2) the Committee on Armed Services, the 

16 Committee on Foreign Affairs, the Committee on 

17 Homeland Security, the Committee on Appropria18 tions, and the Permanent Select Committee on Intel19 ligence of the House of Representatives. 

20 SEC. 1251. SENSE OF CONGRESS ON SUPPORT FOR ESTO21 NIA, LATVIA, AND LITHUANIA. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) The Baltic States of Estonia, Latvia, and 

24 Lithuania are highly valued allies of the United 

25 States, and they have repeatedly demonstrated their 


emcdonald on DSK3SPTVN1PROD with BILLS
688 

HR 4909 PCS

1 commitment to advancing our mutual interests as 

2 well as those of the NATO Alliance. 

3 (2) Operation Atlantic Resolve is a series of ex4 ercises and coordinating efforts demonstrating the 

5 United States’ commitment to its European partners 

6 and allies, including the Baltic States of Estonia, 

7 Latvia, and Lithuania, with the shared goal of peace 

8 and stability in the region. Operation Atlantic Re9 solve strengthens communication and understanding, 

10 and is an important effort to deter Russian aggres11 sion in the region. 

12 (3) Through Operation Atlantic Resolve, the 

13 European Reassurance Initiative undertakes exer14 cises, training, and rotational presence necessary to 

15 reassure and integrate our allies, including the Bal16 tic States, into a common defense framework. 

17 (4) All three Baltic States contributed to the 

18 NATO-led International Security Assistance Force 

19 in Afghanistan, sending disproportionate numbers of 

20 troops and operating with few caveats. The Baltic 

21 States continue to engage in Operation Resolute 

22 Support in Afghanistan. 

23 (b) SENSE OF CONGRESS.—Congress— 

24 (1) reaffirms its support for the principle of col25 lective defense in Article 5 of the North Atlantic 


emcdonald on DSK3SPTVN1PROD with BILLS
689 

HR 4909 PCS

1 Treaty for our NATO allies, including Estonia, Lat2 via, and Lithuania; 

3 (2) supports the sovereignty, independence, ter4 ritorial integrity, and inviolability of Estonia, Latvia, 

5 and Lithuania as well as their internationally recog6 nized borders, and expresses concerns over increas7 ingly aggressive military maneuvering by the Rus8 sian Federation near their borders and airspace; 

9 (3) expresses concern over and condemns sub10 versive and destabilizing activities by the Russian 

11 Federation within the Baltic States; and 

12 (4) encourages the Administration to further 

13 enhance defense cooperation efforts with Estonia, 

14 Latvia, and Lithuania and supports the efforts of 

15 their Governments to provide for the defense of their 

16 people and sovereign territory. 

17 SEC. 1252. SENSE OF CONGRESS ON SUPPORT FOR GEOR18 GIA. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) Georgia is a valued friend of the United 

21 States and has repeatedly demonstrated its commit22 ment to advancing the mutual interests of both 

23 countries, including the deployment of Georgian 

24 forces as part of the NATO-led International SecuVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
690 

HR 4909 PCS

1 rity Assistance Force (ISAF) in Afghanistan and the 

2 Multi-National Force in Iraq. 

3 (2) The European Reassurance Initiative builds 

4 the partnership capacity of Georgia so it can work 

5 more closely with the United States and NATO, as 

6 well as provide for its own defense. 

7 (3) In addition to the European Reassurance 

8 Initiative, Georgia’s participation in the NATO ini9 tiative Partnership for Peace is paramount to inter10 operability with the United States and NATO, and 

11 establishing a more peaceful environment in the re12 gion. 

13 (4) Despite the losses suffered, as a NATO 

14 partner of ISAF, Georgia is engaged in the Resolute 

15 Support Mission in Afghanistan with the second 

16 largest contingent on the ground. 

17 (b) SENSE OF CONGRESS.—Congress— 

18 (1) reaffirms United States support for Geor19 gia’s sovereignty and territorial integrity within its 

20 internationally-recognized borders, and does not rec21 ognize the independence of the Abkhazia and South 

22 Ossetia regions currently occupied by the Russian 

23 Federation; and 

24 (2) supports continued cooperation between the 

25 United States and Georgia and the efforts of the 


emcdonald on DSK3SPTVN1PROD with BILLS
691 

HR 4909 PCS

1 Government of Georgia to provide for the defense of 

2 its people and sovereign territory. 

3 SEC. 1253. MODIFICATION OF ANNUAL REPORT ON MILI4 TARY POWER OF IRAN. 

5 (a) IN GENERAL.—Subsection (b)(3) of section 1245 

6 of the National Defense Authorization Act for Fiscal Year 

7 2010 (Public Law 111–84; 123 Stat. 2542) is amended— 

8 (1) by redesignating subparagraphs (E) 

9 through (G) as subparagraphs (G) through (I), re10 spectively; and 

11 (2) by inserting after subparagraph (D) the fol12 lowing: 

13 ‘‘(E) an estimate of Iran’s military cyber 

14 capabilities, including persons and entities oper15 ating on behalf of Iran, and any information on 

16 those persons or entities responsible for tar17 geting United States critical infrastructure or 

18 United States persons or entities; 

19 ‘‘(F) information on Iranian military and 

20 security organizations responsible for detaining 

21 members of the United States Armed Forces or 

22 interfering in United States military oper23 ations;’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) take effect on the date of the enactment 


emcdonald on DSK3SPTVN1PROD with BILLS
692 

HR 4909 PCS

1 of this Act and apply with respect to reports required to 

2 be submitted under section 1245 of the National Defense 

3 Authorization Act for Fiscal Year 2010 on or after such 

4 date of enactment. 

5 SEC. 1254. SENSE OF CONGRESS ON SENIOR MILITARY EX6 CHANGES BETWEEN THE UNITED STATES 

7 AND TAIWAN. 

8 (a) IN GENERAL.—It is the sense of Congress that 

9 the Secretary of Defense should conduct a program of sen10 ior military exchanges between the United States and Tai11 wan that have the objective of improving military-to-mili12 tary relations and defense cooperation between the United 

13 States and Taiwan. 

14 (b) ADMINISTRATION OF PROGRAM.—It is the sense 

15 of Congress that the program described in subsection 

16 (a)— 

17 (1) should be conducted at least once each cal18 endar year; and 

19 (2) should be conducted in both the United 

20 States and Taiwan. 

21 (c) DEFINITIONS.—In this section: 

22 (1) SENIOR MILITARY EXCHANGE.—The term 

23 ‘‘senior military exchange’’ means an activity, exer24 cise, professional education event, or observation opVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
693 

HR 4909 PCS

1 portunity in which senior military officers and senior 

2 defense officials participate. 

3 (2) SENIOR MILITARY OFFICER.—The term 

4 ‘‘senior military officer’’ means a general or flag of5 ficer on active duty in the armed forces. 

6 (3) SENIOR DEFENSE OFFICIAL.—The term 

7 ‘‘senior defense official’’, with respect to the Depart8 ment of Defense, means a civilian official at the level 

9 of Assistant Secretary of Defense or above. 

10 SEC. 1255. QUARTERLY REPORT ON FREEDOM OF NAVIGA11 TION OPERATIONS. 

12 (a) IN GENERAL.—Chapter 3 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 130i. Quarterly report on freedom of navigation 

16 operations 

17 ‘‘(a) REPORT REQUIRED.—Not later than 30 days 

18 after the end of each fiscal quarter, the Secretary of De19 fense shall submit to the congressional defense committees 

20 a report on any excessive territorial claims of foreign coun21 tries that were challenged by freedom of navigation oper22 ations and flights carried out by the armed forces during 

23 such fiscal quarter. 


emcdonald on DSK3SPTVN1PROD with BILLS
694 

HR 4909 PCS

1 ‘‘(b) ELEMENTS.—The report under subsection (a) 

2 shall include, with respect to each operation described in 

3 such subsection, the following: 

4 ‘‘(1) The date of the operation. 

5 ‘‘(2) The class of ship or type of aircraft that 

6 conducted the operation. 

7 ‘‘(3) The geographic location of the operation. 

8 ‘‘(4) Identification of the foreign country that 

9 made the excessive territorial claim challenged by 

10 the operation. 

11 ‘‘(5) A description of the excessive territorial 

12 claim that was challenged by the operation. 

13 ‘‘(c) SUNSET.—This section shall terminate on Sep14 tember 30, 2018.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 130h the following new 

18 item: 

‘‘130i. Quarterly report on freedom of navigation operations.’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 subsections (a) and (b) shall take effect on the date of 

21 the enactment of this Act and shall apply with respect to 

22 fiscal quarters beginning after such date. 


emcdonald on DSK3SPTVN1PROD with BILLS
695 

HR 4909 PCS

1 SEC. 1256. ANNUAL REPORT ON FOREIGN MILITARY SALES 

2 TO TAIWAN. 

3 Section 36 of the Arms Export Control Act (22 

4 U.S.C. 2776) is amended by adding at the end the fol5 lowing: 

6 ‘‘(j) At the end of each fiscal year, the Secretary of 

7 Defense shall submit to the Committees on Armed Serv8 ices and Foreign Relations of the Senate and the Commit9 tees on Armed Services and Foreign Affairs of the House 

10 of Representatives a report that lists each request received 

11 from Taiwan and each letter of offer to sell any defense 

12 articles or services under this Act to Taiwan during such 

13 fiscal year. The report shall be submitted in unclassified 

14 form, but may contain a classified annex.’’. 

15 SEC. 1257. SENSE OF CONGRESS ON JULY 2016 NATO SUM16 MIT IN WARSAW, POLAND. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) The North Atlantic Treaty Organization 

19 (NATO) has been the cornerstone of transatlantic 

20 security cooperation and an enduring instrument for 

21 promoting stability in Europe and around the world 

22 for over 65 years. 

23 (2) NATO currently faces a range of evolving 

24 security challenges, including Russian aggression in 

25 Eastern Europe, and instability and conflict in the 

26 Middle East and North Africa. In the face of these 


emcdonald on DSK3SPTVN1PROD with BILLS
696 

HR 4909 PCS

1 varied challenges, NATO must deter threats and, if 

2 necessary, defend NATO member states against ad3 versaries. 

4 (3) Since NATO’s 2014 summit in Wales, 

5 NATO member states have made progress in imple6 menting a Readiness Action Plan to enhance allied 

7 readiness and collective defense in response to Rus8 sian aggression. However, much work remains to be 

9 done. 

10 (4) NATO’s solidarity is strengthened by the 

11 bolstering of NATO’s conventional and nuclear de12 terrence, increased defense spending by NATO 

13 member states, and continued enlargement of the 

14 Alliance. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) at the July 2016 NATO Summit in War18 saw, Poland and beyond, the United States should— 

19 (A) welcome Montenegro’s accession to 

20 NATO; 

21 (B) continue to work with aspirant coun22 tries to prepare them for entry into NATO; 

23 (C) continue supporting a Membership Ac24 tion Plan (MAP) for Georgia; 


emcdonald on DSK3SPTVN1PROD with BILLS
697 

HR 4909 PCS

1 (D) encourage the leaders of Macedonia 

2 and Greece to find a mutually agreeable solu3 tion to the name dispute between the two coun4 tries; 

5 (E) seek a Dayton II agreement to resolve 

6 the constitutional issues of Bosnia and 

7 Herzegovina; 

8 (F) work with the Republic of Kosovo to 

9 prepare the country for entrance into the Part10 nership for Peace (PfP) program; 

11 (G) take a leading role in working with 

12 NATO member states to identify, through con13 sensus, the current and future security threats 

14 facing the Alliance; and 

15 (H) take a leading role to work with other 

16 NATO member states to ensure the alliance 

17 maintains the required capabilities, including 

18 the gains in interoperability from combat in Af19 ghanistan, necessary to meet the security 

20 threats to the Alliance; 

21 (2) in Warsaw, NATO member states should 

22 build upon the progress made since the 2014 Wales 

23 Summit, by committing additional resources to 

24 NATO’s Readiness Action Plan and related meas25 ures to enhance allied readiness and deterrence; 


emcdonald on DSK3SPTVN1PROD with BILLS
698 

HR 4909 PCS

1 (3) NATO member states should review defense 

2 spending to ensure sufficient funding is obligated to 

3 meet NATO responsibilities, including to allocate at 

4 least 2 percent of Gross Domestic Product (GDP) to 

5 defense spending, and to devote at least 20 percent 

6 of defense spending to defense modernization and 

7 new equipment; 

8 (4) the United States should commit to main9 taining a robust military presence in Europe as a 

10 means of promoting allied interoperability, providing 

11 visible assurance to NATO allies, and deterring Rus12 sian aggression in the region; and 

13 (5) the United States reaffirms and remains 

14 committed to the policies enumerated by NATO 

15 member states in the Deterrence and Defense Pos16 ture Review, dated May 20, 2012, and the Wales 

17 Summit Declaration of September 2014, including 

18 the following statement: ‘‘Deterrence, based on an 

19 appropriate mix of nuclear, conventional, and missile 

20 defence capabilities, remains a core element of our 

21 overall strategy.’’. 

22 SEC. 1258. REPORT ON VIOLENCE AND CARTEL ACTIVITY IN 

23 MEXICO. 

24 The Secretary of Defense shall submit to the congres25 sional defense committees a report on violence and cartel 


emcdonald on DSK3SPTVN1PROD with BILLS
699 

HR 4909 PCS

1 activity in Mexico and the impact of such on United States 

2 national security. 

3 SEC. 1259. UNITED STATES POLICY ON TAIWAN. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) For more than 50 years, the United States 

6 and Taiwan have had a unique and close relation7 ship, which has supported the economic, cultural, 

8 and strategic advantage to both countries. 

9 (2) The United States has vital security and 

10 strategic interests in the Taiwan Strait. 

11 (3) The Taiwan Relations Act (Public Law 96– 

12 8; 22 U.S.C. 3301 et seq.) has been instrumental in 

13 maintaining peace, security, and stability in the Tai14 wan Strait since its enactment in 1979. 

15 (4) The Taiwan Relations Act states that it is 

16 the policy of the United States to provide Taiwan 

17 with arms of a defensive character and to maintain 

18 the capacity of the United States to defend against 

19 any forms of coercion that would jeopardize the se20 curity, or the social or economic system, of the peo21 ple on Taiwan. 

22 (b) STATEMENT OF POLICY.—The Taiwan Relations 

23 Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) forms the 

24 cornerstone of United States policy and relations with Tai25 wan. 


emcdonald on DSK3SPTVN1PROD with BILLS
700 

HR 4909 PCS

1 (c) REPORT.— 

2 (1) IN GENERAL.—Not later than February 15, 

3 2017, the Secretary of Defense and the Secretary of 

4 State shall jointly submit to the appropriate commit5 tees of Congress a report that contains a description 

6 of the steps the United States has taken, plans to 

7 take, and will take to provide Taiwan with arms of 

8 a defensive character in accordance with the Taiwan 

9 Relations Act (Public Law 96–8; 22 U.S.C. 3301 et 

10 seq.). 

11 (2) APPROPRIATE COMMITTEES OF CONGRESS

12 DEFINED.—In this subsection, the term ‘‘appro13 priate committees of Congress’’ means— 

14 (A) the congressional defense committees; 

15 and 

16 (B) Committee on Foreign Relations of the 

17 Senate and the Committee on Foreign Affairs 

18 of the House of Representatives. 

19 SEC. 1259A. LIMITATION ON AVAILABILITY OF FUNDS TO 

20 IMPLEMENT THE ARMS TRADE TREATY. 

21 (a) IN GENERAL.—None of the funds authorized to 

22 be appropriated by this Act or otherwise made available 

23 for fiscal year 2017 for the Department of Defense may 

24 be obligated or expended to fund a Secretariat or any 

25 other international organization established to support the 


emcdonald on DSK3SPTVN1PROD with BILLS
701 

HR 4909 PCS

1 implementation of the Arms Trade Treaty, to sustain do2 mestic prosecutions based on any charge related to the 

3 Treaty, or to implement the Treaty until the Senate ap4 proves a resolution of ratification for the Treaty and im5 plementing legislation for the Treaty has been enacted into 

6 law. 

7 (b) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to preclude the Department of De9 fense from assisting foreign countries in bringing their 

10 laws, regulations, and practices related to export control 

11 up to United States standards. 

12 SEC. 1259B. LIMITATION ON MILITARY CONTACT AND CO13 OPERATION BETWEEN THE UNITED STATES 

14 AND CUBA. 

15 (a) LIMITATION.—Except as provided in subsection 

16 (b), none of the funds authorized to be appropriated or 

17 otherwise made available for fiscal year 2017 for the De18 partment of Defense may be used for any bilateral mili19 tary-to-military contact or cooperation between the Gov20 ernments of the United States and Cuba until the Sec21 retary of Defense and the Secretary of State, in consulta22 tion with the Director of National Intelligence, certify to 

23 the appropriate congressional committees that— 

24 (1) the Government of Cuba has— 


emcdonald on DSK3SPTVN1PROD with BILLS
702 

HR 4909 PCS

1 (A) met the requirements and satisfied the 

2 factors specified in sections 205 and 206 of the 

3 Cuban Liberty and Democratic Solidarity 

4 (LIBERTAD) Act of 1996 (22 U.S.C. 6065 

5 and 6066); and 

6 (B) resolved, to the full satisfaction of 

7 United States law, all outstanding claims and 

8 judgments belonging to United States nationals 

9 against the Government of Cuba, including but 

10 not limited to claims regarding property con11 fiscated by the Government of Cuba; 

12 (2) the Cuban military and other security forces 

13 in Cuba have ceased committing human right 

14 abuses, including arbitrary arrests, beatings, and 

15 other acts of repudiation, against those who express 

16 opposition to the Castro regime, civil rights activists 

17 and other citizens of Cuba, as well as all persecu18 tion, intimidation, arrest, imprisonment, and assas19 sination of dissidents and members of faith-based 

20 organizations; 

21 (3) the Cuban military has ceased providing 

22 military intelligence, weapons training, strategic 

23 planning, and security logistics to the military and 

24 security forces of Venezuela; 


emcdonald on DSK3SPTVN1PROD with BILLS
703 

HR 4909 PCS

1 (4) the Government of Cuba no longer demands 

2 that the United States relinquish control of Guanta3 namo Bay, in violation of an international treaty; 

4 (5) the Government of Cuba returns to the 

5 United States fugitives wanted by the Department 

6 of Justice for crimes committed in the United 

7 States; and 

8 (6) the officials of the Cuban military that were 

9 indicted in the murder of United States citizens dur10 ing the shoot down of planes operated by the Broth11 ers to the Rescue humanitarian organization in 1996 

12 are brought to justice. 

13 (b) EXCEPTIONS.—The limitation on the use of funds 

14 under subsection (a) shall not apply with respect to— 

15 (1) payments in furtherance of the lease agree16 ment, or other financial transactions necessary for 

17 maintenance and improvements of the military base 

18 at Guantanamo Bay, Cuba, including any adjacent 

19 areas under the control or possession of the United 

20 States; 

21 (2) assistance or support in furtherance of de22 mocracy-building efforts for Cuba described in sec23 tion 109 of the Cuban Liberty and Democratic Soli24 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6039); 

25 or 


emcdonald on DSK3SPTVN1PROD with BILLS
704 

HR 4909 PCS

1 (3) customary and routine financial trans2 actions necessary for the maintenance, improve3 ments, or regular duties of the United States mis4 sion in Havana, including outreach to the pro-de5 mocracy opposition. 

6 (c) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Armed Services and 

11 the Committee on Foreign Relations of the Sen12 ate; and 

13 (B) the Committee on Armed Services and 

14 the Committee on Foreign Affairs of the House 

15 of Representatives. 

16 (2) BILATERAL MILITARY-TO-MILITARY CON17 TACT OR COOPERATION.—The term ‘‘bilateral mili18 tary-to-military contact or cooperation’’— 

19 (A) means— 

20 (i) reciprocal visits and meetings by 

21 high-ranking delegations; 

22 (ii) information sharing, policy con23 sultations, security dialogues or other 

24 forms of consultative discussions; 


emcdonald on DSK3SPTVN1PROD with BILLS
705 

HR 4909 PCS

1 (iii) exchange of military instructors, 

2 training personnel, and students; 

3 (iv) defense planning; and 

4 (v) military training or exercises; but 

5 (B) does not include any contact or co6 operation that is in support of the United 

7 States stability operations. 

8 (3) CUBAN MILITARY.—The term ‘‘Cuban mili9 tary’’ means— 

10 (A) the Ministry of the Revolutionary 

11 Armed Forces of Cuba, the Ministry of the In12 terior of Cuba, or any subdivision of either such 

13 Ministry; 

14 (B) any agency, instrumentality, or other 

15 entity that is owned, operated, or controlled by 

16 an entity specified in subparagraph (A); or 

17 (C) an individual who is a senior member 

18 of the Ministry of the Revolutionary Armed 

19 Forces of Cuba or the Ministry of the Interior 

20 of Cuba. 

21 (d) EFFECTIVE DATE.—This section takes effect on 

22 the date of the enactment of this Act and applies with 

23 respect to funds described in subsection (a) that are unob24 ligated as of such date of enactment. 


emcdonald on DSK3SPTVN1PROD with BILLS
706 

HR 4909 PCS

1 SEC. 1259C. GLOBAL ENGAGEMENT CENTER. 

2 (a) ESTABLISHMENT.—Not later than 180 days after 

3 the date of the enactment of this Act, the Secretary of 

4 State, in coordination with the Secretary of Defense and 

5 the heads of other relevant Federal departments and agen6 cies, shall establish a Global Engagement Center (in this 

7 section referred to as the ‘‘Center’’). The purposes of the 

8 Center are— 

9 (1) to lead and coordinate the compilation and 

10 examination of information on foreign government 

11 information warfare efforts monitored and inte12 grated by the appropriate interagency entities with 

13 responsibility for such information, including infor14 mation provided by recipients of information access 

15 fund grants awarded under subsection (f) and other 

16 sources; 

17 (2) to establish a framework for the integration 

18 of critical data and analysis provided by the appro19 priate interagency entities with responsibility for 

20 such information on foreign propaganda and 

21 disinformation efforts into the development of na22 tional strategy; 

23 (3) to develop, plan, and synchronize, in coordi24 nation with the Secretary of Defense, and the heads 

25 of other relevant Federal departments and agencies, 

26 whole-of-government initiatives to expose and 


emcdonald on DSK3SPTVN1PROD with BILLS
707 

HR 4909 PCS

1 counter foreign propaganda and disinformation di2 rected against United States national security inter3 ests and proactively advance fact-based narratives 

4 that support United States allies and interests; 

5 (4) to demonstrate new technologies, meth6 odologies and concepts relevant to the missions of 

7 the Center that can be transitioned to other depart8 ments or agencies of the United States Government, 

9 foreign partners or allies, or other nongovernmental 

10 entities; 

11 (5) to establish cooperative or liaison relation12 ships with foreign partners and allies in consultation 

13 with interagency entities with responsibility for such 

14 activities, and other entities, such as academia, non15 governmental organizations, and the private sector; 

16 and 

17 (6) to identify shortfalls in United States capa18 bilities in any areas relevant to the United States 

19 Government’s mission, and recommend necessary en20 hancements or changes. 

21 (b) FUNCTIONS.—The Center shall carry out the fol22 lowing functions: 

23 (1) Integrating interagency and international 

24 efforts to track and evaluate counterfactual narVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
708 

HR 4909 PCS

1 ratives abroad that threaten the national security in2 terests of the United States and United States allies. 

3 (2) Integrating, and analyzing relevant informa4 tion, data, analysis, and analytics from United 

5 States Government agencies, allied nations, think 

6 tanks, academic institutions, civil society groups, 

7 and other nongovernmental organizations. 

8 (3) Developing and disseminating fact-based 

9 narratives and analysis to counter propaganda and 

10 disinformation directed at United States allies and 

11 partners. 

12 (4) Identifying current and emerging trends in 

13 foreign propaganda and disinformation based on the 

14 information provided by the appropriate interagency 

15 entities with responsibility for such information, in16 cluding information obtained from print, broadcast, 

17 online and social media, support for third-party out18 lets such as think tanks, political parties, and non19 governmental organizations, and the use of covert or 

20 clandestine special operators and agents to influence 

21 targeted populations and governments in order to 

22 coordinate and shape the development of tactics, 

23 techniques, and procedures to expose and refute for24 eign misinformation and disinformation and 


emcdonald on DSK3SPTVN1PROD with BILLS
709 

HR 4909 PCS

1 proactively promote fact-based narratives and poli2 cies to audiences outside the United States. 

3 (5) Facilitating the use of a wide range of tech4 nologies and techniques by sharing expertise among 

5 agencies, seeking expertise from external sources, 

6 and implementing best practices. 

7 (6) Identifying gaps in United States capabili8 ties in areas relevant to the Center’s mission and 

9 recommending necessary enhancements or changes. 

10 (7) Identifying the countries and populations 

11 most susceptible to foreign government propaganda 

12 and disinformation based on information provided by 

13 appropriate interagency entities. 

14 (8) Administering the information access fund 

15 established pursuant to subsection (f). 

16 (9) Coordinating with allied and partner na17 tions, particularly those frequently targeted by for18 eign disinformation operations, and international or19 ganizations and entities such as the NATO Center 

20 of Excellence on Strategic Communications, the Eu21 ropean Endowment for Democracy, and the Euro22 pean External Action Service Task Force on Stra23 tegic Communications, in order to amplify the Cen24 ter’s efforts and avoid duplication. 


emcdonald on DSK3SPTVN1PROD with BILLS
710 

HR 4909 PCS

1 (c) COORDINATOR.—The Secretary of State shall ap2 point a full-time Coordinator to lead the Center. 

3 (d) EMPLOYEES OF THE CENTER.— 

4 (1) DETAILEES.—Any Federal Government em5 ployee may be detailed to the Center without reim6 bursement, and such detail shall be without inter7 ruption or loss of civil service status or privilege for 

8 a period of not more than three years. 

9 (2) PERSONAL SERVICE CONTRACTORS.—The 

10 Secretary of State may exercise the authority pro11 vided under section 3161 of title 5, United States 

12 Code, to establish a program (referred to in this 

13 subsection as the ‘‘Program’’) for hiring United 

14 States citizens or aliens as personal services contrac15 tors for purposes of personnel resources of the Cen16 ter, if— 

17 (A) the Secretary determines that existing 

18 personnel resources are insufficient; 

19 (B) the period in which services are pro20 vided by a personal services contractor under 

21 the Program, including options, does not exceed 

22 three years, unless the Secretary determines 

23 that exceptional circumstances justify an exten24 sion of up to one additional year; 


emcdonald on DSK3SPTVN1PROD with BILLS
711 

HR 4909 PCS

1 (C) not more than 20 United States citi2 zens or aliens are employed as personal services 

3 contractors under the Program at any time; 

4 and 

5 (D) the Program is only used to obtain 

6 specialized skills or experience or to respond to 

7 urgent needs. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—Under 

9 ‘‘Diplomatic and Consular Programs’’, for each of fiscal 

10 years 2017 and 2018, $10,000,000 is authorized to be ap11 propriated to the Department of State and may remain 

12 available until expended to carry out the functions, duties, 

13 and responsibilities of the Center. 

14 (f) INFORMATION ACCESS FUND.— 

15 (1) AUTHORITY FOR GRANTS.—The Center is 

16 authorized to provide grants or contracts of financial 

17 support to civil society groups, journalists, non18 governmental organizations, federally-funded re19 search and development centers, private companies, 

20 or academic institutions for the following purposes: 

21 (A) To support local independent media 

22 who are best placed to refute foreign 

23 disinformation and manipulation in their own 

24 communities. 


emcdonald on DSK3SPTVN1PROD with BILLS
712 

HR 4909 PCS

1 (B) To collect and store examples in print, 

2 online, and social media, disinformation, misin3 formation, and propaganda directed at the 

4 United States and its allies and partners. 

5 (C) To analyze and report on tactics, tech6 niques, and procedures of foreign government 

7 information warfare with respect to 

8 disinformation, misinformation, and propa9 ganda. 

10 (D) To support efforts by the Center to 

11 counter efforts by foreign governments to use 

12 disinformation, misinformation, and propa13 ganda to influence the policies and social and 

14 political stability of the United States and 

15 United States allies and partners. 

16 (2) FUNDING AVAILABILITY AND LIMITA17 TIONS.—The Secretary of State shall provide that 

18 each organization that applies to receive funds under 

19 this subsection undergoes a vetting process in ac20 cordance with the relevant existing regulations to en21 sure its bona fides, capability, and experience, and 

22 its compatibility with United States interests and 

23 objectives. 

24 (g) LIMITATION.—None of the funds authorized to 

25 be appropriated by the Act to carry out this section shall 


emcdonald on DSK3SPTVN1PROD with BILLS
713 

HR 4909 PCS

1 be used for purposes other than countering foreign propa2 ganda and misinformation that threatens United States 

3 national security. 

4 (h) TERMINATION OF CENTER.—The Center shall 

5 terminate on the date that is 5 years after the date of 

6 the enactment of this Act. 

7 SEC. 1259D. ESTABLISHMENT OF THE BROADCASTING 

8 BOARD OF GOVERNORS CHIEF EXECUTIVE 

9 OFFICER POSITION. 

10 The United States International Broadcasting Act of 

11 1994 (22 U.S.C. 6201 et seq.; Public Law 103–236) is 

12 amended— 

13 (1) by amending section 304 (22 U.S.C. 6203) 

14 to read as follows: 

15 ‘‘SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OF16 FICER OF THE BROADCASTING BOARD OF 

17 GOVERNORS. 

18 ‘‘(a) CONTINUED EXISTENCE WITHIN EXECUTIVE

19 BRANCH.—The Broadcasting Board of Governors shall 

20 continue to exist within the Executive branch of Govern21 ment as an entity described in section 104 of title 5, 

22 United States Code. 

23 ‘‘(b) CHIEF EXECUTIVE OFFICER.— 

24 ‘‘(1) IN GENERAL.—The head of the Broad25 casting Board of Governors shall be a Chief ExecuVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
714 

HR 4909 PCS

1 tive Officer, who shall be appointed by the Presi2 dent, by and with the advice and consent of the Sen3 ate. The President shall nominate the Chief Execu4 tive Officer not later than 60 days after the date of 

5 the enactment of this section. Until such time as a 

6 Chief Executive Officer is appointed and has quali7 fied, the current or acting Chief Executive Officer 

8 appointed by the Board may continue to serve and 

9 exercise the authorities and powers under this Act. 

10 ‘‘(2) TERM.—The first Chief Executive Officer 

11 appointed pursuant to paragraph (1) shall serve for 

12 an initial term of three years. 

13 ‘‘(3) COMPENSATION.—A Chief Executive Offi14 cer appointed pursuant to paragraph (1) shall be 

15 compensated at the annual rate of basic pay for level 

16 III of the Executive Schedule under section 5314 of 

17 title 5, United States Code. 

18 ‘‘(c) TERMINATION OF DIRECTOR OF INTER19 NATIONAL BROADCASTING BUREAU.—Immediately upon 

20 appointment of the Chief Executive Officer under sub21 section (b), the Director of the International Broadcasting 

22 Bureau shall be terminated, and all of the responsibilities, 

23 authorities, and immunities of the Director or the Board 

24 under this or any other Act or authority before the date 

25 of the enactment of this section shall be transferred to 


emcdonald on DSK3SPTVN1PROD with BILLS
715 

HR 4909 PCS

1 and assumed or overseen by the Chief Executive Officer, 

2 as head of the agency. 

3 ‘‘(d) MEMBERS OF THE BROADCASTING BOARD OF

4 GOVERNORS.—Members of the Broadcasting Board of 

5 Governors in office as of the date of the enactment of this 

6 section may serve the remainder of their terms of office 

7 in an advisory capacity, but such terms may not be ex8 tended beyond the date on which such terms are set to 

9 expire. 

10 ‘‘(e) IMMUNITY FROM CIVIL LIABILITY.—Notwith11 standing any other provision of law, all limitations on li12 ability that apply to the Chief Executive Officer shall also 

13 apply to members of the board of directors of RFE/RL, 

14 Inc., Radio Free Asia, the Middle East Broadcasting Net15 works, or any organization that consolidates such entities 

16 when such members are acting in their official capac17 ities.’’; and 

18 (2) in section 305 (22 U.S.C. 6204)— 

19 (A) in subsection (a)— 

20 (i) by striking ‘‘Board’’ each place it 

21 appears and inserting ‘‘Chief Executive Of22 ficer’’; 

23 (ii) in paragraph (1), by inserting ‘‘di24 rect and’’ before ‘‘supervise’’; 

25 (iii) in paragraph (5)— 


emcdonald on DSK3SPTVN1PROD with BILLS
716 

HR 4909 PCS

1 (I) by inserting ‘‘and cooperative 

2 agreements’’ after ‘‘grants’’; and 

3 (II) by striking ‘‘sections 308 

4 and 309’’ and inserting ‘‘this Act, and 

5 on behalf of other agencies, accord6 ingly’’; 

7 (iv) in paragraph (6), by striking 

8 ‘‘subject to the limitations in sections 308 

9 and 309 and’’; 

10 (v) in paragraph (11), by inserting 

11 ‘‘not’’ before ‘‘subject’’; 

12 (vi) in paragraph (15)(A), by strik13 ing— 

14 (I) ‘‘temporary and intermit15 tent’’; and 

16 (II) ‘‘to the same extent as is au17 thorized by section 3109 of title 5, 

18 United States Code,’’; and 

19 (vii) by adding at the end the fol20 lowing new paragraphs: 

21 ‘‘(20) Notwithstanding any other provision of 

22 law, including section 308(a), to condition, if appro23 priate, any grant or cooperative agreement to RFE/ 

24 RL, Inc., Radio Free Asia, and the Middle East 

25 Broadcasting Networks on authority to determine 


emcdonald on DSK3SPTVN1PROD with BILLS
717 

HR 4909 PCS

1 membership of their respective boards, and the con2 solidation of such entities into a single grantee orga3 nization. 

4 ‘‘(21) To redirect funds within the scope of any 

5 grant or cooperative agreement, or between grantees, 

6 as necessary, and to condition grants or cooperative 

7 agreements, if appropriate, on similar amendments 

8 as authorized under section 308(a) to meet the pur9 poses of this Act. 

10 ‘‘(22) To change the name of the Board pursu11 ant to congressional notification 60 days prior to 

12 any such change.’’; 

13 (B) by striking subsections (b) and (c); 

14 and 

15 (C) by redesignating subsection (d) as sub16 section (b). 

17 SEC. 1259E. UNITED STATES INTERNATIONAL BROAD18 CASTING ACT OF 1994. 

19 The United States International Broadcasting Act of 

20 1994 (22 U.S.C. 6201 et seq.; Public Law 103–236) is 

21 amended— 

22 (1) in section 306 (22 U.S.C. 6205)— 

23 (A) in subsection (a)— 

24 (i) by striking the heading; and 


emcdonald on DSK3SPTVN1PROD with BILLS
718 

HR 4909 PCS

1 (ii) by striking ‘‘Board’’ each place it 

2 appears and inserting ‘‘Agency’’; and 

3 (B) by striking subsection (b); 

4 (2) by striking section 307 (22 U.S.C. 6206); 

5 and 

6 (3) by inserting after section 309 the following 

7 new sections: 

8 ‘‘SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EX9 ECUTIVE OFFICER. 

10 ‘‘(a) GRANTEE ORGANIZATIONS.—Notwithstanding 

11 any other provision of law, the following provisions shall 

12 apply: 

13 ‘‘(1) CONSOLIDATION.—The Chief Executive 

14 Officer, subject to the regular notification proce15 dures of the Committee on Appropriations and the 

16 Committee on Foreign Affairs of the House of Rep17 resentatives and the Committee on Appropriations 

18 and the Committee on Foreign Relations of the Sen19 ate, who is authorized to incorporate a grantee, may 

20 condition annual grants to RFE/RL, Inc., Radio 

21 Free Asia, and the Middle East Broadcasting Net22 works on the consolidation of such grantees into a 

23 single, consolidated private, non-profit corporation 

24 (in accordance with section 501(c)(3) of the Internal 

25 Revenue Code and exempt from tax under section 


emcdonald on DSK3SPTVN1PROD with BILLS
719 

HR 4909 PCS

1 501(a) of such Code), which may broadcast and pro2 vide news and information to audiences wherever the 

3 Agency may broadcast, for activities that the Chief 

4 Executive Officer determines are consistent with the 

5 purposes of this Act, including the terms and condi6 tions of subsections (g)(5), (h), (i), and (j) of section 

7 308, except that the Agency may select any name 

8 for such a consolidated grantee. 

9 ‘‘(2) FEDERAL STATUS.—Nothing in this or 

10 any other Act, or any action taken pursuant to this 

11 or any other Act, may be construed to make such a 

12 consolidated grantee described in paragraph (1) or 

13 RFE/RL, Inc., Radio Free Asia, or the Middle East 

14 Broadcasting Networks or any other grantee or enti15 ty provided funding by the Agency a Federal agency 

16 or instrumentality. Employees or staff of such grant17 ees or entities shall not be considered Federal em18 ployees. For purposes of this subsection and this 

19 Act, the term ‘grant’ includes agreements under sec20 tion 6305 of title 31, United States Code, and the 

21 term ‘grantee’ includes recipients of such agree22 ments. 

23 ‘‘(3) LEADERSHIP OF GRANTEE ORGANIZA24 TIONS.—Officers of RFE/RL Inc., Radio Free Asia, 

25 and the Middle East Broadcasting Networks or any 


emcdonald on DSK3SPTVN1PROD with BILLS
720 

HR 4909 PCS

1 organization that is established through the consoli2 dation of such entities, or authorized under this Act, 

3 shall serve at the pleasure of the Chief Executive Of4 ficer of the Agency. 

5 ‘‘(b) VOICE OF AMERICA.— 

6 ‘‘(1) STATUS AS A FEDERAL ENTITY.—The 

7 Chief Executive Officer is authorized to establish an 

8 independent grantee organization, as a private non9 profit organization, to carry out all broadcasting and 

10 related programs currently performed by the Voice 

11 of America. The Chief Executive Officer may make 

12 and supervise grants or cooperative agreements to 

13 such grantee, including under terms and conditions 

14 and in any manner authorized under section 305(a). 

15 Such grantee shall not be considered a Federal 

16 agency or instrumentality and shall adhere to the 

17 same standards of professionalism and account18 ability required of all Board broadcasters and grant19 ees. The Board is authorized to transfer any facili20 ties or equipment to such grantee, and to utilize the 

21 provisions of subchapter VI of chapter 33 of title 5, 

22 United States Code. 

23 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

24 the Congress that the Voice of America, operating as 


emcdonald on DSK3SPTVN1PROD with BILLS
721 

HR 4909 PCS

1 a nonprofit organization, should have the mission 

2 to— 

3 ‘‘(A) serve as a consistently reliable and 

4 authoritative source of news on the United 

5 States, its policies, its people, and the inter6 national developments that affect the United 

7 States; 

8 ‘‘(B) provide accurate, objective, and com9 prehensive information, with the understanding 

10 that these three values provide credibility 

11 among global news audiences; 

12 ‘‘(C) present the official policies of the 

13 United States, and related discussions and 

14 opinions about those policies, clearly and effec15 tively; and 

16 ‘‘(D) represent the whole of the United 

17 States, and shall accordingly work to produce 

18 programming and content that presents a bal19 anced and comprehensive projection of the di20 versity of thought and institutions of the 

21 United States. 

22 ‘‘SEC. 311. INSPECTOR GENERAL AUTHORITIES. 

23 ‘‘(a) IN GENERAL.—The Inspector General of the 

24 Department of State and the Foreign Service shall exer25 cise the same authorities with respect to the Broadcasting 


emcdonald on DSK3SPTVN1PROD with BILLS
722 

HR 4909 PCS

1 Board of Governors and the International Broadcasting 

2 Bureau as the Inspector General exercises under the In3 spector General Act of 1978 and section 209 of the For4 eign Service Act of 1980 with respect to the Department 

5 of State. 

6 ‘‘(b) RESPECT FOR JOURNALISTIC INTEGRITY OF

7 BROADCASTERS.—The Inspector General shall respect the 

8 journalistic integrity of all the broadcasters covered by this 

9 title and may not evaluate the philosophical or political 

10 perspectives reflected in the content of broadcasts.’’. 

11 SEC. 1259F. REDESIGNATION AND ENHANCEMENT OF 

12 SOUTH CHINA SEA INITIATIVE. 

13 (a) SENSE OF CONGRESS.—It is the sense of the Con14 gress that the United States should continue supporting 

15 the efforts to the Southeast Asian nations to strengthen 

16 their maritime security capacity, domain awareness, and 

17 integration of their capabilities. 

18 (b) REDESIGNATION AS SOUTHEAST ASIA MARITIME

19 SECURITY INITIATIVE.—Subsection (a)(2) of section 1263 

20 of the National Defense Authorization Act for Fiscal Year 

21 2016 (Public Law 114–92; 129 Stat. 1073; 10 U.S.C. 

22 2282 note) is amended by striking ‘‘the ‘South China Sea 

23 Initiative’ ’’ and inserting ‘‘the ‘Southeast Asia Maritime 

24 Security Initiative’ ’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
723 

HR 4909 PCS

1 (c) CONFORMING AMENDMENT.—The heading of 

2 such section is amended to read as follows: 

3 ‘‘SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIA4 TIVE.’’. 

5 SEC. 1259G. OPPORTUNITIES TO EQUIP CERTAIN FOREIGN 

6 MILITARY ENTITIES. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of Defense, in consultation 

9 with the Secretaries of the military departments and the 

10 Secretary of State, shall submit to Congress a report that 

11 describes— 

12 (1) efforts to make United States manufactur13 ers aware of opportunities to equip foreign military 

14 entities that have been approved to receive assist15 ance from the United States; and 

16 (2) any new plans or strategies to raise United 

17 States manufacturers’ awareness with respect to 

18 such opportunities. 

19 SEC. 1259H. REPORTS ON INF TREATY AND OPEN SKIES 

20 TREATY. 

21 (a) REPORTS.—Not later than 90 days after the date 

22 of the enactment of this Act, the Chairman of the Joint 

23 Chiefs of Staff shall submit to the appropriate congres24 sional committees the following reports: 


emcdonald on DSK3SPTVN1PROD with BILLS
724 

HR 4909 PCS

1 (1) A report on the Open Skies Treaty con2 taining— 

3 (A) an assessment, conducted by the 

4 Chairman jointly with the Secretary of Defense 

5 and the Secretary of State, of whether and why, 

6 the Treaty remains in the national security in7 terest of the United States, including if there 

8 are compliance concerns related to implementa9 tion by the Russian Federation of the Treaty; 

10 (B) a specific plan by the Chairman jointly 

11 with the Secretary of Defense and the Secretary 

12 of State on remedying any such compliance con13 cerns; and 

14 (C) a military assessment conducted by the 

15 Chairman of such compliance concerns. 

16 (2) A report on the INF Treaty containing— 

17 (A) an assessment, conducted by the 

18 Chairman jointly with the Secretary of Defense 

19 and the Secretary of State, of whether and why, 

20 the Treaty remains in the national security in21 terest of the United States, including how any 

22 ongoing violation bear on the assessment if 

23 such a violation is not resolved in the near24 term; 


emcdonald on DSK3SPTVN1PROD with BILLS
725 

HR 4909 PCS

1 (B) a specific plan by the Chairman jointly 

2 with the Secretary of Defense and the Secretary 

3 of State to remedy violation by the Russian 

4 Federation of the Treaty, and a judgment of 

5 whether Russia intends to take the steps re6 quired to establish verifiable evidence that Rus7 sia has resumed its compliance with the Treaty 

8 if such non-compliance and inconsistencies are 

9 not resolved by the date of the enactment of 

10 this Act; and 

11 (C) a military assessment conducted by the 

12 Chairman of the risks posed by Russia’s viola13 tion of the Treaty. 

14 (b) UPDATE.—Not later than February 15, 2018, the 

15 Chairman, the Secretary of Defense, and the Secretary of 

16 State shall jointly submit to the appropriate congressional 

17 committees an update to each report under subsection (a). 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Armed Services and 

22 the Committee on Foreign Affairs of the House 

23 of Representatives; and 


emcdonald on DSK3SPTVN1PROD with BILLS
726 

HR 4909 PCS

1 (B) the Committee on Armed Services and 

2 the Committee on Foreign Relations of the Sen3 ate. 

4 (2) The term ‘‘INF Treaty’’ means the Treaty 

5 Between the United States of America and the 

6 Union of Soviet Socialist Republics on the Elimi7 nation of Their Intermediate- Range and Shorter8 Range Missiles, commonly referred to as the Inter9 mediate-Range Nuclear Forces (INF) Treaty, signed 

10 at Washington December 8, 1987, and entered into 

11 force June 1, 1988. 

12 (3) The term ‘‘Open Skies Treaty’’ means the 

13 Treaty on Open Skies, done at Helsinki March 24, 

14 1992, and entered into force January 1, 2002. 

15 SEC. 1259I. SENSE OF CONGRESS REGARDING THE ROLE OF 

16 THE UNITED STATES IN THE NORTH ATLAN17 TIC TREATY ORGANIZATION. 

18 It is the sense of Congress that continued United 

19 States leadership in the North Atlantic Treaty Organiza20 tion is critical to the national security of the United 

21 States. 


emcdonald on DSK3SPTVN1PROD with BILLS
727 

HR 4909 PCS

1 SEC. 1259J. AUTHORIZATION OF UNITED STATES ASSIST2 ANCE TO ISRAEL. 

3 (a) IN GENERAL.—The President is authorized to 

4 provide assistance to Israel to improve maritime security 

5 and maritime domain awareness. 

6 (b) ACTIVITIES SUPPORTED.—Activities that may be 

7 supported by assistance under subsection (a) include the 

8 following: 

9 (1) Procurement, maintenance, and 

10 sustainment of the David’s Sling Weapon System for 

11 purposes of intercepting short-range missiles. 

12 (2) Payment of incremental expenses of Israel 

13 that are incurred by Israel as the direct result of 

14 participation in a bilateral or multilateral exercise of 

15 the United States Navy or Coast Guard. 

16 (3) Visits of United States naval vessels at 

17 ports of Israel. 

18 (4) Conduct of joint research and development 

19 for advanced maritime domain awareness capabili20 ties. 

21 (c) SUNSET.—This section shall terminate on the 

22 date that is 5 years after the date of the enactment of 

23 this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
728 

HR 4909 PCS

1 SEC. 1259K. SENSE OF CONGRESS IN SUPPORT OF A 

2 DENUCLEARIZED KOREAN PENINSULA. 

3 It is the sense of Congress that United States foreign 

4 policy should support a denuclearized Korean peninsula. 

5 SEC. 1259L. MEASURES AGAINST PERSONS INVOLVED IN 

6 ACTIVITIES THAT VIOLATE ARMS CONTROL 

7 TREATIES OR AGREEMENTS WITH THE 

8 UNITED STATES. 

9 (a) IMPOSITION OF MEASURES.— 

10 (1) IN GENERAL.—Except as provided in sub11 section (c), on and after the date that is 90 days 

12 after the date of the enactment of this Act, the 

13 President shall impose the measures described in 

14 subsection (b) with respect to— 

15 (A) a person the President determines— 

16 (i)(I) is an individual who is a citizen, 

17 national, or permanent resident of a coun18 try described in paragraph (2); or 

19 (II) is an entity organized under the 

20 laws of a country described in paragraph 

21 (2); and 

22 (ii) has engaged in any activity that 

23 contributed to or is a significant factor in 

24 the President’s or the Secretary of State’s 

25 determination that such country is not in 


emcdonald on DSK3SPTVN1PROD with BILLS
729 

HR 4909 PCS

1 full compliance with its obligations as fur2 ther described in paragraph (2); and 

3 (B) a person the President determines has 

4 provided material support to a person described 

5 in subparagraph (A). 

6 (2) COUNTRY DESCRIBED.—A country de7 scribed in this paragraph is a country that the 

8 President or the Secretary of State has determined, 

9 in the most recent annual report submitted to Con10 gress pursuant to section 403 of the Arms Control 

11 and Disarmament Act (22 U.S.C. 2593a), is not in 

12 full compliance with its obligations undertaken in all 

13 arms control, nonproliferation, and disarmament 

14 agreements or commitments to which the United 

15 States is a participating state. 

16 (b) MEASURES DESCRIBED.— 

17 (1) IN GENERAL.—The measures to be imposed 

18 with respect to a person under subsection (a) are the 

19 head of any executive agency (as defined in section 

20 133 of title 41, United States Code) may not enter 

21 into, renew, or extend a contract for the procure22 ment of goods or services with the person. 

23 (2) EXCEPTION FOR MAJOR ROUTES OF SUP24 PLY.—The requirement to impose measures under 

25 paragraph (1) shall not apply with respect to any 


emcdonald on DSK3SPTVN1PROD with BILLS
730 

HR 4909 PCS

1 contract for the procurement of goods or services 

2 along a major route of supply to a zone of active 

3 combat or major contingency operation. 

4 (3) REQUIREMENT TO REVISE REGULATIONS.— 

5 (A) IN GENERAL.—Not later than 90 days 

6 after the date of the enactment of this Act, the 

7 Federal Acquisition Regulation, the Defense 

8 Federal Acquisition Regulation Supplement, 

9 and the Uniform Administrative Requirements, 

10 Cost Principles, and Audit Requirements for 

11 Federal Awards shall be revised to implement 

12 paragraph (1)(B). 

13 (B) CERTIFICATIONS.—The revisions to 

14 the Federal Acquisition Regulation under sub15 paragraph (A) shall include a requirement for a 

16 certification from each person that is a prospec17 tive contractor that the person, and any person 

18 owned or controlled by the person, does not en19 gage in any activity described in subsection 

20 (a)(1)(A)(ii). 

21 (C) REMEDIES.—If the head of an execu22 tive agency determines that a person has sub23 mitted a false certification under subparagraph 

24 (B) on or after the date on which the applicable 


emcdonald on DSK3SPTVN1PROD with BILLS
731 

HR 4909 PCS

1 revision of the Federal Acquisition Regulation 

2 required by this paragraph becomes effective— 

3 (i) the head of that executive agency 

4 shall terminate a contract with such person 

5 or debar or suspend such person from eli6 gibility for Federal contracts for a period 

7 of not less than 2 years; 

8 (ii) any such debarment or suspension 

9 shall be subject to the procedures that 

10 apply to debarment and suspension under 

11 the Federal Acquisition Regulation under 

12 subpart 9.4 of part 9 of title 48, Code of 

13 Federal Regulations; and 

14 (iii) the Administrator of General 

15 Services shall include on the List of Par16 ties Excluded from Federal Procurement 

17 and Nonprocurement Programs maintained 

18 by the Administrator under part 9 of the 

19 Federal Acquisition Regulation each per20 son that is debarred, suspended, or pro21 posed for debarment or suspension by the 

22 head of an executive agency on the basis of 

23 a determination of a false certification 

24 under subparagraph (B). 


emcdonald on DSK3SPTVN1PROD with BILLS
732 

HR 4909 PCS

1 (4) UNITED STATES PERSON DEFINED.—In this 

2 subsection, the term ‘‘United States person’’ 

3 means— 

4 (A) a natural person who is a citizen or 

5 resident of the United States or a national of 

6 the United States (as defined in section 101(a) 

7 of the Immigration and Nationality Act (8 

8 U.S.C. 1101(a)); and 

9 (B) an entity that is organized under the 

10 laws of the United States or any State. 

11 (c) WAIVER.— 

12 (1) IN GENERAL.—The President may waive 

13 the application of measures on a case-by-case basis 

14 under subsection (a) with respect to a person if the 

15 President— 

16 (A) determines that— 

17 (i)(I) in the case of a person described 

18 in subsection (a)(1)(A), the person did not 

19 knowingly engage in any activity described 

20 in such subsection; or 

21 (II) in the case of a person described 

22 in subsection (a)(1)(B), the person con23 ducted or facilitated a transaction or 

24 transactions with, or provided financial 

25 services to, a person described in subVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
733 

HR 4909 PCS

1 section (a)(1)(A) that did not knowingly 

2 engage in any activity described in such 

3 subsection; and 

4 (ii) the waiver is in the national secu5 rity interest of the United States; and 

6 (B) submits to the appropriate congres7 sional committees a report on the determination 

8 and the reasons for the determination. 

9 (2) FORM OF REPORT.—The report required by 

10 paragraph (1)(B) shall be submitted in unclassified 

11 form, but may include a classified annex. 

12 (3) APPROPRIATE CONGRESSIONAL COMMIT13 TEES DEFINED.—In this subsection, the term ‘‘ap14 propriate congressional committees’’ means— 

15 (A) the Committee on Armed Services, the 

16 Committee on Foreign Affairs, and the Perma17 nent Select Committee on Intelligence of the 

18 House of Representatives; and 

19 (B) the Committee on Armed Services, the 

20 Committee on Foreign Relations, and the Select 

21 Committee on Intelligence of the Senate. 

22 (d) TERMINATION.—The measures imposed with re23 spect to a person under subsection (a) shall terminate on 

24 the date on which the President submits to Congress a 

25 subsequent annual report pursuant to section 403 of the 


emcdonald on DSK3SPTVN1PROD with BILLS
734 

HR 4909 PCS

1 Arms Control and Disarmament Act (22 U.S.C. 2593a) 

2 that does not contain a determination of the President 

3 that the country described in subsection (a)(2) with re4 spect to which the measures were imposed with respect 

5 to the person is a country that is not in full compliance 

6 with its obligations undertaken in all arms control, non7 proliferation, and disarmament agreements or commit8 ments to which the United States is a participating state. 

9 SEC. 1259M. DEPARTMENT OF DEFENSE REPORT ON CO10 OPERATION BETWEEN IRAN AND THE RUS11 SIAN FEDERATION. 

12 (a) REPORT REQUIRED.—The Secretary of Defense 

13 and the Secretary of State shall jointly submit to Congress 

14 a report on cooperation between Iran and the Russian 

15 Federation and how and to what extent such cooperation 

16 affects United States national security and strategic inter17 ests. 

18 (b) MATTERS TO BE INCLUDED.—The report re19 quired by subsection (a) shall include the following: 

20 (1) How and to what extent Iran and the Rus21 sian Federation cooperate on matters relating to 

22 Iran’s space program, including how and to what ex23 tent such cooperation strengthens Iran’s ballistic 

24 missile program. 


emcdonald on DSK3SPTVN1PROD with BILLS
735 

HR 4909 PCS

1 (2) How and to what extent Iran’s interests 

2 and actions and the Russian Federation’s interests 

3 and actions overlap with respect to Latin America. 

4 (3) A description and analysis of the intel5 ligence-sharing center established by Iran, the Rus6 sian Federation, and Syria in Baghdad, Iraq and 

7 whether such center is being used for purposes other 

8 than the purposes of the joint mission of such coun9 tries in Syria. 

10 (4) A description and analysis of— 

11 (A) naval cooperation between Iran and 

12 the Russian Federation, including joint naval 

13 exercises between the two countries; and 

14 (B) the implications of— 

15 (i) an increased Russian Federation 

16 naval presence in the Eastern Mediterra17 nean; and 

18 (ii) an Iranian naval presence in the 

19 Persian Gulf. 

20 (5) A description of the increased cooperation 

21 between Iran and the Russian Federation since the 

22 start of the current conflict in Syria. 

23 (6) The steps Iran has taken to adopt the Rus24 sian Federation model of hybrid warfare against poVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
736 

HR 4909 PCS

1 tential targets such as Gulf Cooperation Council 

2 states with sizeable Shiite populations. 

3 (7) The extent of Russian Federation coopera4 tion with Hezbollah in Syria, Lebanon, and Iraq, in5 cluding cooperation with respect to training and 

6 equipping and joint operations. 

7 (8) A description of the weapons that have been 

8 provided by the Russian Federation to Iran that 

9 have violated relevant United Nations Security 

10 Council resolutions imposing an arms embargo on 

11 Iran. 

12 (c) SUBMISSION PERIOD.—The report required by 

13 subsection (a) shall be submitted not later than 120 days 

14 after the date of the enactment of this Act, and annually 

15 thereafter, for such period of time as the Joint Com16 prehensive Plan of Act remains in effect. 

17 (d) FORM.—The report required by subsection (a) 

18 shall be submitted in unclassified form, but may contain 

19 a classified annex. 

20 SEC. 1259N. REPORT ON MAINTENANCE BY ISRAEL OF A 

21 ROBUST INDEPENDENT CAPABILITY TO RE22 MOVE EXISTENTIAL SECURITY THREATS. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


emcdonald on DSK3SPTVN1PROD with BILLS
737 

HR 4909 PCS

1 (1) The United States-Israel Enhanced Security 

2 Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) 

3 established the policy of the United States to sup4 port the inherent right of Israel to self-defense. 

5 (2) The United States-Israel Enhanced Security 

6 Cooperation Act of 2012 expresses the sense of Con7 gress that the Government of the United States 

8 should transfer to the Government of Israel defense 

9 articles and defense services. 

10 (3) The inherent right of Israel to self-defense 

11 necessarily includes the ability to defend against 

12 threats to its security and defend its vital national 

13 interests. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that Israel should be able to defend its vital national 

16 interests and protect its territory and population against 

17 existential threats. 

18 (c) REPORT.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, the 

21 President shall submit to the specified congressional 

22 committees a report that— 

23 (A) identifies defensive capabilities and 

24 platforms requested by the Government of 

25 Israel that would contribute to maintenance of 


emcdonald on DSK3SPTVN1PROD with BILLS
738 

HR 4909 PCS

1 Israel’s defensive capability against threats to 

2 its territory and population, including nuclear 

3 and ballistic missile facilities in Iran, and de4 fend its vital national interests; 

5 (B) assesses the availability for sale or 

6 transfer of items requested by the Government 

7 of Israel to maintain the capability described in 

8 subparagraph (A), including the legal authori9 ties available for making such transfers; and 

10 (C) describes what steps the President is 

11 taking to transfer the items described in sub12 paragraph (B) for Israel to maintain the capa13 bility described in subparagraph (A). 

14 (2) FORM.—The report required by paragraph 

15 (1) shall be submitted in unclassified form, but may 

16 contain a classified annex if necessary. 

17 (3) DEFINITION.—In this subsection, the term 

18 ‘‘specified congressional committees’’ means— 

19 (A) the congressional defense committees; 

20 and 

21 (B) the Committee on Foreign Relations of 

22 the Senate and the Committee of Foreign Af23 fairs of the House of Representatives. 


emcdonald on DSK3SPTVN1PROD with BILLS
739 

HR 4909 PCS

1 SEC. 1259O. REPORT ON USE BY THE GOVERNMENT OF 

2 IRAN OF COMMERCIAL AIRCRAFT AND RE3 LATED SERVICES FOR ILLICIT MILITARY OR 

4 OTHER ACTIVITIES. 

5 (a) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, and every 180 days there7 after, the President, in consultation with the Secretary of 

8 Defense and the Secretary of State, shall submit to the 

9 congressional defense committees and the Committee on 

10 Foreign Relations of the Senate and the Committee on 

11 Foreign Affairs of the House of Representatives a report 

12 on use by the Government of Iran of commercial aircraft 

13 and related services for illicit military or other activities 

14 during the 5-year period ending of such date of enactment. 

15 (b) ELEMENTS OF REPORT.—The report required 

16 under subsection (a) shall include a description of the ex17 tent to which— 

18 (1) the Government of Iran has used commer19 cial aircraft or related services to transport illicit 

20 cargo to or from Iran, including military goods, 

21 weapons, military personnel, military-related elec22 tronic parts and mechanical equipment, and rocket 

23 or missile components; 

24 (2) the commercial aviation sector of Iran has 

25 provided financial, material, and technological supVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
740 

HR 4909 PCS

1 port to the Islamic Revolutionary Guard Corps 

2 (IRGC); and 

3 (3) foreign governments and persons have fa4 cilitated the activities described in paragraph (1), in5 cluding allowing the use of airports, services, or 

6 other resources. 

7 SEC. 1259P. AUTHORITY TO GRANT OBSERVER STATUS TO 

8 THE MILITARY FORCES OF TAIWAN AT 

9 RIMPAC EXERCISES. 

10 (a) IN GENERAL.—The Secretary of Defense is au11 thorized to grant observer status to the military forces of 

12 Taiwan in any maritime exercise known as the Rim of the 

13 Pacific Exercise. 

14 (b) EFFECTIVE DATE.—This section takes effect on 

15 the date of the enactment of this Act and applies with 

16 respect to any maritime exercise described in subsection 

17 (a) that begins on or after such date of enactment. 

18 SEC. 1259Q. AGREEMENTS WITH FOREIGN GOVERNMENTS 

19 TO DEVELOP LAND-BASED WATER RE20 SOURCES IN SUPPORT OF AND IN PREPARA21 TION FOR CONTINGENCY OPERATIONS. 

22 The Secretary of Defense, with the concurrence of the 

23 Secretary of State, is authorized to enter into agreements 

24 with the governments of foreign countries to develop land25 based water resources in support of and in preparation 


emcdonald on DSK3SPTVN1PROD with BILLS
741 

HR 4909 PCS

1 for contingency operations, including water selection, 

2 pumping, purification, storage, distribution, cooling, con3 sumption, water reuse, water source intelligence, research 

4 and development, training, acquisition of water support 

5 equipment, and water support operations. 

6 SEC. 1259R. EXTENSION OF REPORTING REQUIREMENTS 

7 ON THE USE OF CERTAIN IRANIAN SEAPORTS 

8 BY FOREIGN VESSELS AND USE OF FOREIGN 

9 AIRPORTS BY SANCTIONED IRANIAN AIR 

10 CARRIERS. 

11 Section 1252(a) of the National Defense Authoriza12 tion Act for Fiscal Year 2013 (22 U.S.C. 8808(a)) is 

13 amended in the matter preceding paragraph (1) by strik14 ing ‘‘2016’’ and inserting ‘‘2019’’. 

15 SEC. 1259S. NOTIFICATION AND ASSESSMENT OF BALLISTIC 

16 MISSILE LAUNCH BY IRAN. 

17 (a) NOTIFICATION.—The President shall notify Con18 gress within 48 hours of a suspected ballistic missile 

19 launch, including a test, by Iran based on credible infor20 mation indicating that such a launch took place. 

21 (b) ASSESSMENT.— 

22 (1) IN GENERAL.—The President shall initiate 

23 an assessment within 48 hours of providing the noti24 fication described in subsection (a) to determine 


emcdonald on DSK3SPTVN1PROD with BILLS
742 

HR 4909 PCS

1 whether a missile launch, including a test, described 

2 in subsection (a) took place. 

3 (2) DETERMINATION AND NOTIFICATION.—Not 

4 later than 15 days after the date on which an as5 sessment is initiated under paragraph (1), the Presi6 dent shall determine whether Iran engaged in a 

7 launch described in subsection (a) and shall notify 

8 Congress of the basis for any such determination. 

9 (3) AFFIRMATIVE DETERMINATION.—If the 

10 President determines under paragraph (2) that a 

11 launch described in subsection (a) took place, the 

12 President shall further notify Congress of the fol13 lowing: 

14 (A) An identification of entities involved in 

15 the launch. 

16 (B) A description of steps the President 

17 will take in response to the launch, including— 

18 (i) imposing unilateral sanctions pur19 suant to Executive Order 13382 (2005) or 

20 other relevant authorities against such en21 tities; or 

22 (ii) carrying out diplomatic efforts to 

23 impose multilateral sanctions against such 

24 entities, including through adoption of a 


emcdonald on DSK3SPTVN1PROD with BILLS
743 

HR 4909 PCS

1 United Nations Security Council resolu2 tion. 

3 SEC. 1259T. SENSE OF CONGRESS ON INTEGRATED BAL4 LISTIC MISSILE DEFENSE SYSTEM FOR GCC 

5 PARTNER COUNTRIES, JORDAN, EGYPT, AND 

6 ISRAEL. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) Iran has conducted numerous ballistic mis9 sile tests; and 

10 (2) such tests are in violation of United Nations 

11 Security Council Resolution 2231 and unnecessarily 

12 provoke Gulf Cooperation Council (GCC) partner 

13 countries and threaten Israel. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the United States should encourage and enable 

16 as appropriate an integrated ballistic missile defense sys17 tem that links GCC partner countries, Jordan, Egypt, and 

18 Israel in order assist in preventing an attack by Iran 

19 against such countries. 


emcdonald on DSK3SPTVN1PROD with BILLS
744 

HR 4909 PCS

1 SEC. 1259U. AUTHORITY TO PROVIDE ASSISTANCE AND 

2 TRAINING TO INCREASE MARITIME SECU3 RITY AND DOMAIN AWARENESS OF FOREIGN 

4 COUNTRIES BORDERING THE PERSIAN GULF, 

5 ARABIAN SEA, OR MEDITERRANEAN SEA. 

6 (a) PURPOSE.—The purpose of this section is to au7 thorize assistance and training to increase maritime secu8 rity and domain awareness of foreign countries bordering 

9 the Persian Gulf, the Arabian Sea, or the Mediterranean 

10 Sea in order to deter and counter illicit smuggling and 

11 related maritime activity by Iran, including illicit Iranian 

12 weapons shipments. 

13 (b) AUTHORITY.— 

14 (1) IN GENERAL.—To carry out the purpose of 

15 this section as described in subsection (a), the Sec16 retary of Defense, with the concurrence of the Sec17 retary of State, is authorized— 

18 (A) to provide training to the national mili19 tary or other security forces of Israel, Bahrain, 

20 Saudi Arabia, the United Arab Emirates, 

21 Oman, Kuwait, and Qatar that have among 

22 their functional responsibilities maritime secu23 rity missions; and 

24 (B) to provide training to ministry, agency, 

25 and headquarters level organizations for such 

26 forces. 


emcdonald on DSK3SPTVN1PROD with BILLS
745 

HR 4909 PCS

1 (2) DESIGNATION.—The provision of assistance 

2 and training under this section may be referred to 

3 as the ‘‘Counter Iran Maritime Initiative’’. 

4 (c) TYPES OF TRAINING.— 

5 (1) AUTHORIZED ELEMENTS OF TRAINING.— 

6 Training provided under subsection (b)(1)(A) may 

7 include the provision of de minimis equipment, sup8 plies, and small-scale military construction. 

9 (2) REQUIRED ELEMENTS OF TRAINING.— 

10 Training provided under subsection (b) shall include 

11 elements that promote the following: 

12 (A) Observance of and respect for human 

13 rights and fundamental freedoms. 

14 (B) Respect for legitimate civilian author15 ity within the country to which the assistance 

16 is provided. 

17 (d) AVAILABILITY OF FUNDS.—Of the amount au18 thorized to be appropriated for fiscal year 2017 by section 

19 301 and available for operation and maintenance for De20 fense-wide activities as specified in the funding table in 

21 section 4301, $50,000,000 shall be available only for the 

22 provision of assistance and training under subsection (b). 

23 (e) COST SHARING.— 

24 (1) SENSE OF CONGRESS.—It is the sense of 

25 Congress that, given income parity among recipient 


emcdonald on DSK3SPTVN1PROD with BILLS
746 

HR 4909 PCS

1 countries, the Secretary of Defense, with the concur2 rence of the Secretary of State, should seek, through 

3 appropriate bilateral and multilateral arrangements, 

4 payments sufficient in amount to offset any training 

5 costs associated with implementation of subsection 

6 (b). 

7 (2) COST-SHARING AGREEMENT.—The Sec8 retary of Defense, with the concurrence of the Sec9 retary of State, shall negotiate a cost-sharing agree10 ment with a recipient country regarding the cost of 

11 any training provided pursuant to section (b). The 

12 agreement shall set forth the terms of cost sharing 

13 that the Secretary of Defense determines are nec14 essary and appropriate, but such terms shall not be 

15 less than 50 percent of the overall cost of the train16 ing. 

17 (3) CREDIT TO APPROPRIATIONS.—The portion 

18 of such cost-sharing received by the Secretary of De19 fense pursuant to this subsection may be credited to20 wards appropriations available for operation and 

21 maintenance for Defense-wide activities as specified 

22 in the funding table in section 4301. 

23 (f) NOTICE TO CONGRESS ON TRAINING.—Not later 

24 than 15 days before exercising the authority under sub25 section (b) with respect to a recipient country, the SecVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
747 

HR 4909 PCS

1 retary of Defense shall submit to the appropriate congres2 sional committees a notification containing the following: 

3 (1) An identification of the recipient country. 

4 (2) A detailed justification of the program for 

5 the provision of the training concerned, and its rela6 tionship to United States security interests. 

7 (3) The budget for the program, including a 

8 timetable of planned expenditures of funds to imple9 ment the program, an implementation time-line for 

10 the program with milestones (including anticipated 

11 delivery schedules for any assistance and training 

12 under the program), the military department or 

13 component responsible for management of the pro14 gram, and the anticipated completion date for the 

15 program. 

16 (4) A description of the arrangements, if any, 

17 to support recipient country sustainment of any ca18 pability developed pursuant to the program, and the 

19 source of funds to support sustainment efforts and 

20 performance outcomes to be achieved under the pro21 gram beyond its completion date, if applicable. 

22 (5) A description of the program objectives and 

23 an assessment framework to be used to develop ca24 pability and performance metrics associated with 

25 operational outcomes for the recipient force. 


emcdonald on DSK3SPTVN1PROD with BILLS
748 

HR 4909 PCS

1 (6) Such other matters as the Secretary con2 siders appropriate. 

3 (g) DEFINITION.—In this section, the term ‘‘appro4 priate congressional committees’’ means— 

5 (1) the Committee on Armed Services, the 

6 Committee on Foreign Relations, and the Committee 

7 on Appropriations of the Senate; and 

8 (2) the Committee on Armed Services, the 

9 Committee on Foreign Affairs, and the Committee 

10 on Appropriations of the House of Representatives. 

11 (h) TERMINATION.—Assistance and training may not 

12 be provided under this section after September 30, 2020. 

13 SEC. 1259V. SENSE OF CONGRESS ON MILITARY RELATIONS 

14 BETWEEN VIETNAM AND THE UNITED 

15 STATES. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) The United States and Vietnam signed a 

18 Joint Vision Statement on Defense Relations on 

19 June 1, 2015. 

20 (2) In October 2014, the Administration par21 tially relaxed United States restrictions on the trans22 fer of lethal weapons to Vietnam. 

23 (3) In 2014, the United States provided 

24 $18,000,000 in maritime security assistance to Viet25 nam. 


emcdonald on DSK3SPTVN1PROD with BILLS
749 

HR 4909 PCS

1 (4) According to Reporters Without Borders, 

2 Vietnam ranks 175 out of 180 countries in press 

3 freedom, as the Government of Vietnam continues to 

4 persecute citizens for practicing the freedom of 

5 speech and expression. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the United States Government should re9 view its policy on the transfer of lethal weapons to 

10 Vietnam; and 

11 (2) the United States Government should evalu12 ate certain human rights benchmarks when pro13 viding military assistance to Vietnam. 

14 SEC. 1259W. REPORT ON EFFORTS TO COMBAT BOKO 

15 HARAM IN NIGERIA AND THE LAKE CHAD 

16 BASIN. 

17 (a) SENSE OF CONGRESS.—Congress— 

18 (1) strongly condemns the ongoing violence and 

19 the systematic gross human rights violations against 

20 the people of Nigeria and the Lake Chad Basin car21 ried out by Boko Haram; 

22 (2) expresses its support for the people of Nige23 ria and the Lake Chad Basin who wish to live in a 

24 peaceful, economically prosperous, and democratic 

25 region; and 


emcdonald on DSK3SPTVN1PROD with BILLS
750 

HR 4909 PCS

1 (3) calls on the President to support Nigerian, 

2 Lake Chad Basin, and International Community ef3 forts to ensure accountability for crimes against hu4 manity committed by Boko Haram against the peo5 ple of Nigeria and the Lake Chad Basin, particu6 larly young girls kidnapped from Chibok and other 

7 internally displaced persons affected by the actions 

8 of Boko Haram. 

9 (b) REPORT.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of this Act, the Secretary 

12 of Defense, the Secretary of State, and the Attorney 

13 General shall jointly submit to Congress a report on 

14 efforts to combat Boko Haram in Nigeria and the 

15 Lake Chad Basin. 

16 (2) ELEMENTS.—The report required under 

17 paragraph (1) shall include the following elements: 

18 (A) A description of initiatives undertaken 

19 by the Department of Defense to assist the 

20 Government of Nigeria and countries in the 

21 Lake Chad Basin to develop capacities to de22 ploy special forces to combat Boko Haram. 

23 (B) A description of United States’ activi24 ties to enhance the capacity of Nigeria and 

25 countries in the Lake Chad Basin to investigate 


emcdonald on DSK3SPTVN1PROD with BILLS
751 

HR 4909 PCS

1 and prosecute human rights violations per2 petrated against the people of Nigeria and the 

3 Lake Chad Basin by Boko Haram, al-Qaeda af4 filiates, and other terrorist organizations to pro5 mote respect for rule of law in Nigeria and the 

6 Lake Chad Basin. 

7 Subtitle F—Codification and Con8 solidation of Department of De9 fense Security Cooperation Au10 thorities 

11 SEC. 1261. ENACTMENT OF NEW CHAPTER FOR DEPART12 MENT OF DEFENSE SECURITY COOPERATION 

13 AUTHORITIES AND TRANSFER OF CERTAIN 

14 AUTHORITIES TO NEW CHAPTER. 

15 (a) STATUTORY CODIFICATION.—Chapter 11 of part 

16 I of subtitle A of title 10, United States Code, is amended 

17 to read as follows: 

18 ‘‘CHAPTER 11—SECURITY COOPERATION 

‘‘SUBCHAPTER I—GENERAL MATTERS

‘‘Sec. 

‘‘251. Definitions. 

‘‘252. Annual report on programs carried out by the Department of Defense to 

provide training, equipment, or other assistance or reimbursement to foreign security forces. 

‘‘SUBCHAPTER II—MILITARY-TO-MILITARY ENGAGEMENTS

‘‘256. Authority for non-reciprocal exchanges of defense personnel between the 

United States and foreign countries. 

‘‘257. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance. 

‘‘SUBCHAPTER III—TRAINING WITH FOREIGN FORCES


emcdonald on DSK3SPTVN1PROD with BILLS
752 

HR 4909 PCS

‘‘263. Participation of developing countries in combined exercises: payment of 

incremental expenses. 

‘‘SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND CAPACITY BUILDING

‘‘271. Allied forces participating in combined operations: authority to provide logistic support, supplies, and services. 

‘‘272. Authority to build the capacity of foreign security forces. 

‘‘273. Friendly foreign countries; international and regional organizations: defense institution capacity building. 

‘‘SUBCHAPTER V—EDUCATIONAL AND TRAINING ACTIVITIES

‘‘281. Regional Centers for Security Studies. 

‘‘282. Western Hemisphere Institute for Security Cooperation. 

‘‘283. Participation in multinational military centers of excellence. 

‘‘284. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces. 

‘‘285. Aviation Leadership Program. 

‘‘286. Inter-American Air Forces Academy. 

‘‘287. Inter-European Air Forces Academy. 

‘‘SUBCHAPTER VI—LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE

FUNDS

‘‘293. Prohibition on providing financial assistance to terrorist countries. 

‘‘294. Prohibition on use of funds for assistance to units of foreign security 

forces that have committed a gross violation of human rights. 

1 ‘‘Subchapter I—General Matters 

2 ‘‘SEC. 251. DEFINITIONS. 

3 ‘‘In this chapter: 

4 ‘‘(1) The terms ‘appropriate congressional com5 mittees’ and ‘appropriate committees of Congress’ 

6 mean the following: 

7 ‘‘(A) The congressional defense commit8 tees. 

9 ‘‘(B) The Committee on Foreign Relations 

10 of the Senate and the Committee on Foreign 

11 Affairs of the House of Representatives. 


emcdonald on DSK3SPTVN1PROD with BILLS
753 

HR 4909 PCS

1 ‘‘(2) The term ‘small-scale construction’ means, 

2 with respect to a project, construction at a total cost 

3 not to exceed $750,000 for the project. 

4 ‘‘Subchapter II—Military-to-Military 

5 Engagements 

6 ‘‘Subchapter III—Training With Foreign 

7 Forces 

8 ‘‘Subchapter IV—Support for Operations and 

9 Capacity Building 

10 ‘‘Subchapter V—Educational and Training 

11 Activities 

12 ‘‘Subchapter VI—Limitations on Use of 

13 Department of Defense Funds’’. 

14 (b) CODIFICATION OF SECTION 1207 OF FY 2010 

15 NDAA.— 

16 (1) CODIFICATION.—Chapter 11 of title 10, 

17 United States Code, as amended by subsection (a), 

18 is further amended by inserting after the heading of 

19 subchapter II a new section 256 consisting of— 

20 (A) a heading as follows: 

21 ‘‘§ 256. Authority for non-reciprocal exchanges of de22 fense personnel between the United 

23 States and foreign countries’’; and 

24 (B) a text consisting of the text of section 

25 1207 of the National Defense Authorization Act 


emcdonald on DSK3SPTVN1PROD with BILLS
754 

HR 4909 PCS

1 for Fiscal Year 2010 (Public Law 111–84; 10 

2 U.S.C. 168 note). 

3 (2) REPEAL OF REPORTING REQUIREMENT.— 

4 Section 256 of title 10, United States Code, as 

5 added by paragraph (1), is amended— 

6 (A) by striking subsection (e); and 

7 (B) by redesignating subsection (f) as sub8 section (e). 

9 (3) CONFORMING REPEAL.—Section 1207 of 

10 the National Defense Authorization Act for Fiscal 

11 Year 2010 (Public Law 111–84; 10 U.S.C. 168 

12 note) is repealed. 

13 (c) TRANSFER OF SECTION 1051b.—Section 1051b 

14 of title 10, United States Code, is transferred to chapter 

15 11 of such title, as amended by subsection (a), inserted 

16 after section 256, as inserted by subsection (b), and redes17 ignated as section 257. 

18 (d) TRANSFER OF SECTION 2010.—Section 2010 of 

19 title 10, United States Code, is transferred to chapter 11 

20 of such title, as amended by subsection (a), inserted after 

21 the heading of subchapter III, and redesignated as section 

22 263. 

23 (e) TRANSFER OF SECTION 127d.—Section 127d of 

24 title 10, United States Code, is transferred to chapter 11 

25 of such title, as amended by subsection (a), inserted after 


emcdonald on DSK3SPTVN1PROD with BILLS
755 

HR 4909 PCS

1 the heading of subchapter IV, and redesignated as section 

2 271. 

3 (f) TRANSFER OF SECTION 2282.—Section 2282 of 

4 title 10, United States Code, is transferred to chapter 11 

5 of such title, as amended by subsection (a), inserted after 

6 section 271, as transferred and redesignated by subsection 

7 (e), and redesignated as section 272. 

8 (g) CODIFICATION OF SECTION 1081 OF FY 2012 

9 NDAA.— 

10 (1) CODIFICATION.—Chapter 11 of title 10, 

11 United States Code, as amended by subsection (a), 

12 is amended by inserting after section 272, as trans13 ferred and redesignated by subsection (f), a new sec14 tion 273 consisting of— 

15 (A) a heading as follows: 

16 ‘‘§ 273. Friendly foreign countries; international and 

17 regional organizations: defense institu18 tion capacity building’’; and 

19 (B) a text consisting of the text of sub20 sections (a) through (d) of section 1081 of the 

21 National Defense Authorization Act for Fiscal 

22 Year 2012 (Public Law 112–81; 10 U.S.C. 168 

23 note). 

24 (2) EXTENSION OF AUTHORITY.—Subsection 

25 (c)(1) of section 273 of title 10, United States Code, 


emcdonald on DSK3SPTVN1PROD with BILLS
756 

HR 4909 PCS

1 as added by paragraph (1), is amended by striking 

2 ‘‘at the close of December 31, 2017’’ and inserting 

3 ‘‘on December 31, 2019’’. 

4 (3) CONFORMING REPEAL.—Section 1081 of 

5 the National Defense Authorization Act for Fiscal 

6 Year 2012 (Public Law 112–81; 10 U.S.C. 168 

7 note) is repealed. 

8 (h) TRANSFER OF SECTION 184 AND CODIFICATION

9 OF RELATED PROVISIONS.— 

10 (1) TRANSFER.—Section 184 of title 10, United 

11 States Code, is transferred to chapter 11 of title 10, 

12 United States Code, as amended by subsection (a), 

13 inserted after the heading of subchapter V, and re14 designated as section 281. 

15 (2) CODIFICATION OF REIMBURSEMENT-RE16 LATED PROVISIONS.—Subsection (f)(3) of section 

17 281 of title 10, United States Code, as transferred 

18 and redesignated by paragraph (1), is amended— 

19 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

20 (B) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(B)(i) In fiscal years 2017 through 2019, the Sec23 retary of Defense may, with the concurrence of the Sec24 retary of State, waive reimbursement otherwise required 

25 under this subsection of the costs of activities of Regional 


emcdonald on DSK3SPTVN1PROD with BILLS
757 

HR 4909 PCS

1 Centers under this section for personnel of nongovern2 mental and international organizations who participate in 

3 activities of the Regional Centers that enhance cooperation 

4 of nongovernmental organizations and international orga5 nizations with United States forces if the Secretary of De6 fense determines that attendance of such personnel with7 out reimbursement is in the national security interests of 

8 the United States. 

9 ‘‘(ii) The amount of reimbursement that may be 

10 waived under clause (i) in any fiscal year may not exceed 

11 $1,000,000.’’. 

12 (3) CODIFICATION OF PROVISIONS RELATING

13 TO SPECIFIC CENTERS.—Section 281 of title 10, 

14 United States Code, as transferred and redesignated 

15 by paragraph (1), is amended by adding at the end 

16 the following new subsections: 

17 ‘‘(h) AUTHORITIES SPECIFIC TO MARSHALL CEN18 TER.—(1) The Secretary of Defense may authorize par19 ticipation by a European or Eurasian country in programs 

20 of the George C. Marshall European Center for Security 

21 Studies (in this subsection referred to as the ‘Marshall 

22 Center’) if the Secretary determines, after consultation 

23 with the Secretary of State, that such participation is in 

24 the national interest of the United States. 


emcdonald on DSK3SPTVN1PROD with BILLS
758 

HR 4909 PCS

1 ‘‘(2)(A) In the case of any person invited to serve 

2 without compensation on the Marshall Center Board of 

3 Visitors, the Secretary of Defense may waive any require4 ment for financial disclosure that would otherwise apply 

5 to that person solely by reason of service on such Board. 

6 ‘‘(B) A member of the Marshall Center Board of Visi7 tors may not be required to register as an agent of a for8 eign government solely by reason of service as a member 

9 of the Board. 

10 ‘‘(C) Notwithstanding section 219 of title 18, a non11 United States citizen may serve on the Marshall Center 

12 Board of Visitors even though registered as a foreign 

13 agent. 

14 ‘‘(3)(A) The Secretary of Defense may waive reim15 bursement of the costs of conferences, seminars, courses 

16 of instruction, or similar educational activities of the Mar17 shall Center for military officers and civilian officials from 

18 states located in Europe or the territory of the former So19 viet Union if the Secretary determines that attendance by 

20 such personnel without reimbursement is in the national 

21 security interest of the United States. 

22 ‘‘(B) Costs for which reimbursement is waived pursu23 ant to subparagraph (A) shall be paid from appropriations 

24 available for the Center. 


emcdonald on DSK3SPTVN1PROD with BILLS
759 

HR 4909 PCS

1 ‘‘(i) AUTHORITIES SPECIFIC TO INOUYE CENTER.— 

2 (1) The Secretary of Defense may waive reimbursement 

3 of the cost of conferences, seminars, courses of instruction, 

4 or similar educational activities of the Daniel K. Inouye 

5 Asia-Pacific Center for Security Studies for military offi6 cers and civilian officials of foreign countries if the Sec7 retary determines that attendance by such personnel, 

8 without reimbursement, is in the national security interest 

9 of the United States. 

10 ‘‘(2) Costs for which reimbursement is waived pursu11 ant to paragraph (1) shall be paid from appropriations 

12 available for the Center.’’. 

13 (4) CONFORMING REPEALS.—The following pro14 visions of law are repealed: 

15 (A) Section 941(b) of the Duncan Hunter 

16 National Defense Authorization Act for Fiscal 

17 Year 2009 (Public Law 110–417; 10 U.S.C. 

18 184 note). 

19 (B) Section 1065 of the National Defense 

20 Authorization Act for Fiscal Year 1997 (Public 

21 Law 104–201; 10 U.S.C. 113 note). 

22 (C) Section 1306 of the National Defense 

23 Authorization Act for Fiscal Year 1995 (Public 

24 Law 103–337; 10 U.S.C. 113 note). 


emcdonald on DSK3SPTVN1PROD with BILLS
760 

HR 4909 PCS

1 (D) Section 8073 of the Department of 

2 Defense Appropriations Act, 2003 (Public Law 

3 107–248; 10 U.S.C. prec. 2161 note). 

4 (i) TRANSFER OF SECTION 2166.— 

5 (1) TRANSFER.—Section 2166 of title 10, 

6 United States Code, is transferred to chapter 11 of 

7 such title, as amended by subsection (a), inserted 

8 after section 281, as transferred, redesignated, and 

9 amended by subsection (h), and redesignated as sec10 tion 282. 

11 (2) STYLISTIC AMENDMENTS.—Section 282 of 

12 title 10, United States Code, as transferred and re13 designated by paragraph (1), is amended by striking 

14 ‘‘nations’’ each place it appears in subsections (b) 

15 and (c) and inserting ‘‘countries’’. 

16 (3) CROSS-REFERENCE.—Section 2612(a) of 

17 title 10, United States Code, is amended by striking 

18 ‘‘section 2166(f)(4)’’ and inserting ‘‘section 

19 282(f)(4)’’. 

20 (j) TRANSFER OF SECTION 2350m.—Section 2350m 

21 of title 10, United States Code, is transferred to chapter 

22 11 of such title, as amended by subsection (a), inserted 

23 after section 282, as transferred and redesignated by sub24 section (i), and redesignated as section 283. 

25 (k) TRANSFER OF SECTION 2249d.— 


emcdonald on DSK3SPTVN1PROD with BILLS
761 

HR 4909 PCS

1 (1) TRANSFER.—Section 2249d of title 10, 

2 United States Code, is transferred to chapter 11 of 

3 such title, as amended by subsection (a), inserted 

4 after section 283, as transferred and redesignated by 

5 subsection (j), and redesignated as section 284. 

6 (2) STYLISTIC AMENDMENTS.—Section 284 of 

7 title 10, United States Code, as transferred and re8 designated by paragraph (1), is amended— 

9 (A) by striking ‘‘nations’’ in subsections 

10 (a) and (d) and inserting ‘‘countries’’; and 

11 (B) by striking subsection (g). 

12 (l) CONSOLIDATION OF CHAPTER 905 AND SECTIONS

13 9381, 9382, AND 9383.— 

14 (1) CONSOLIDATION.—Chapter 11 of title 10, 

15 United States Code, as amended by subsection (a), 

16 is further amended by inserting after section 284, as 

17 transferred and redesignated by subsection (k), the 

18 following new section: 

19 ‘‘§ 285. Aviation leadership program 

20 ‘‘(a) ESTABLISHMENT OF PROGRAM.—Under regula21 tions prescribed by the Secretary of Defense, the Secretary 

22 of the Air Force may establish and maintain an Aviation 

23 Leadership Program to provide undergraduate pilot train24 ing and necessary related training to personnel of the air 

25 forces of friendly, developing foreign countries. Training 


emcdonald on DSK3SPTVN1PROD with BILLS
762 

HR 4909 PCS

1 under this section shall include language training and pro2 grams to promote better awareness and understanding of 

3 the democratic institutions and social framework of the 

4 United States. 

5 ‘‘(b) SUPPLIES AND CLOTHING.—(1) The Secretary 

6 of the Air Force may, under such conditions as the Sec7 retary may prescribe, provide to a person receiving train8 ing under this section— 

9 ‘‘(A) transportation incident to the training; 

10 ‘‘(B) supplies and equipment to be used during 

11 the training; 

12 ‘‘(C) flight clothing and other special clothing 

13 required for the training; and 

14 ‘‘(D) billeting, food, and health services. 

15 ‘‘(2) The Secretary of the Air Force may authorize 

16 such expenditures from the appropriations of the Air 

17 Force as the Secretary considers necessary for the effi18 cient and effective maintenance of the Program in accord19 ance with this section. 

20 ‘‘(c) ALLOWANCES.—The Secretary of the Air Force 

21 may pay to a person receiving training under this section 

22 a living allowance at a rate to be prescribed by the Sec23 retary, taking into account the amount of living allowances 

24 authorized for a member of the armed forces under similar 

25 circumstances.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
763 

HR 4909 PCS

1 (2) CONFORMING REPEAL.—Chapter 905 of 

2 title 10, United States Code, is repealed. 

3 (m) TRANSFER OF SECTION 9415.—Section 9415 of 

4 title 10, United States Code, is transferred to chapter 11 

5 of such title, as amended by subsection (a), inserted after 

6 section 285, as added by subsection (l), and redesignated 

7 as section 286. 

8 (n) CODIFICATION OF SECTION 1268 OF FY 2015 

9 NDAA.— 

10 (1) CODIFICATION.—Chapter 11 of title 10, 

11 United States Code, as amended by subsection (a), 

12 is further amended by inserting after section 286, as 

13 transferred and redesignated by subsection (m), a 

14 new section 287 consisting of— 

15 (A) a heading as follows: 

16 ‘‘§ 287. Inter-European Air Forces Academy’’; and 

17 (B) a text consisting of the text of section 

18 1268 of the Carl Levin and Howard P. ‘‘Buck’’ 

19 McKeon National Defense Authorization Act 

20 for Fiscal Year 2015 (Public Law 113–291; 10 

21 U.S.C. 9411 note). 

22 (2) REPEAL OF REPORTING REQUIREMENT.— 

23 Section 287 of title 10, United States Code, as 

24 added by paragraph (1), is amended— 

25 (A) by striking subsection (g); and 


emcdonald on DSK3SPTVN1PROD with BILLS
764 

HR 4909 PCS

1 (B) by redesignating subsection (h) as sub2 section (g). 

3 (3) CONFORMING REPEAL.—Section 1268 of 

4 the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na5 tional Defense Authorization Act for Fiscal Year 

6 2015 (Public Law 113–291; 10 U.S.C. 9411 note) 

7 is repealed. 

8 (o) TRANSFER OF SECTIONS 2249A AND 2249E.— 

9 (1) TRANSFER.—Sections 2249a and 2249e of 

10 title 10, United States Code, are transferred to 

11 chapter 11 of such title, as amended by subsection 

12 (a), inserted after the heading of subchapter VI, and 

13 redesignated as sections 293 and 294, respectively. 

14 (2) CONFORMING AMENDMENT.—Section 294 

15 of title 10, United States Code, as transferred and 

16 redesignated by paragraph (1), is amended by strik17 ing subsection (f). 

18 (3) CROSS-REFERENCE.—Section 1204(b) of 

19 the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na20 tional Defense Authorization Act for Fiscal Year 

21 2015 (Public Law 113–291; 128 Stat. 3533; 10 

22 U.S.C. 2249e note) is amended— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A), by striking 

25 ‘‘section 2249e of title 10, United States 


emcdonald on DSK3SPTVN1PROD with BILLS
765 

HR 4909 PCS

1 Code (as added by subsection (a))’’ and in2 serting ‘‘section 294 of title 10, United 

3 States Code’’; and 

4 (ii) in subparagraphs (D) and (E), by 

5 striking ‘‘section 2249e of title 10, United 

6 States Code (as so added)’’ and inserting 

7 ‘‘section 294 of such title’’; and 

8 (B) in paragraph (3), by striking ‘‘sub9 section (f) of section 2249e of title 10, United 

10 States Code (as so added)’’ and inserting ‘‘sec11 tion 251(1) of such title’’. 

12 (p) CLERICAL AMENDMENTS.—Title 10, United 

13 States Code, is amended as follows: 

14 (1) The tables of chapters at the beginning of 

15 subtitle A, and at the beginning of part I of subtitle 

16 A, are amended by striking the item relating to 

17 chapter 11 and inserting the following new item: 

‘‘11. Security cooperation ........................................................................ 251’’. 

18 (2) The table of sections at the beginning of 

19 chapter 3 is amended by striking the item relating 

20 to section 127d. 

21 (3) The table of sections at the beginning of 

22 chapter 7 is amended by striking the item relating 

23 to section 184. 


emcdonald on DSK3SPTVN1PROD with BILLS
766 

HR 4909 PCS

1 (4) The table of sections at the beginning of 

2 chapter 53 is amended by striking the item relating 

3 to section 1051b. 

4 (5) The table of sections at the beginning of 

5 chapter 101 is amended by striking the item relating 

6 to section 2010. 

7 (6) The table of sections at the beginning of 

8 chapter 108 is amended by striking the item relating 

9 to section 2166. 

10 (7) The table of sections at the beginning of 

11 subchapter I of chapter 134 is amended by striking 

12 the items relating to sections 2249a, 2249d, and 

13 2249e. 

14 (8) The table of sections at the beginning of 

15 chapter 136 is amended by striking the item relating 

16 to section 2282. 

17 (9) The table of sections at the beginning of 

18 subchapter II of chapter 138 is amended by striking 

19 the item relating to section 2350m. 

20 (10) The tables of chapters at the beginning of 

21 subtitle D, and at the beginning of part III of sub22 title D, are amended by striking the item relating to 

23 chapter 905. 


emcdonald on DSK3SPTVN1PROD with BILLS
767 

HR 4909 PCS

1 (11) The table of sections at the beginning of 

2 chapter 907 is amended by striking the item relating 

3 to section 9415. 

4 SEC. 1262. ENHANCING DEFENSE AND SECURITY COOPERA5 TION WITH INDIA. 

6 (a) REQUIRED ACTIONS.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 and Secretary of State shall jointly take such actions 

9 as may be necessary to— 

10 (A) recognize India’s status as a major de11 fense partner of the United States; 

12 (B) designate an individual within the Ex13 ecutive branch who has experience in defense 

14 acquisition and technology— 

15 (i) to reinforce and ensure, through 

16 interagency policy coordination, the success 

17 of the Framework for the United States18 India Defense Relationship; and 

19 (ii) to help resolve remaining issues 

20 impeding United States-India defense 

21 trade, security cooperation, and co-produc22 tion and co-development opportunities; 

23 (C) approve and facilitate the transfer of 

24 advanced technology, consistent with United 

25 States conventional arms transfer policy, to 


emcdonald on DSK3SPTVN1PROD with BILLS
768 

HR 4909 PCS

1 support combined military planning with the In2 dian military for missions such as humanitarian 

3 assistance and disaster relief, counter piracy, 

4 and maritime domain awareness missions; 

5 (D) strengthen the effectiveness of the 

6 DTTI and the durability of the Department of 

7 Defense’s ‘‘India Rapid Reaction Cell’’; 

8 (E) collaborate with the Government of 

9 India to develop mutually agreeable mechanisms 

10 to verify the security of defense articles and re11 lated technology, such as appropriate cyber se12 curity and end use monitoring arrangements, 

13 consistent with United States export control 

14 laws and policy; 

15 (F) promote policies that will encourage 

16 the efficient review and authorization of defense 

17 sales and exports to India; 

18 (G) encourage greater government-to-gov19 ernment and commercial military transactions 

20 between the United States and India; 

21 (H) support the development and align22 ment of India’s export control and procurement 

23 regimes with those of the United States and 

24 multilateral control regimes; and 


emcdonald on DSK3SPTVN1PROD with BILLS
769 

HR 4909 PCS

1 (I) continue to enhance defense and secu2 rity cooperation with India in order to advance 

3 United States interests in the South Asia and 

4 greater Indo-Pacific regions. 

5 (2) REPORT.—Not later than 180 days after 

6 the date of the enactment of this Act, and annually 

7 thereafter, the Secretary of Defense and Secretary 

8 of State shall jointly submit to the congressional de9 fense committees and the Committee on Foreign Re10 lations of the Senate and the Committee on Foreign 

11 Affairs of the House of Representatives a report on 

12 how the United States is supporting its defense rela13 tionship with India in relation to the actions de14 scribed in paragraph (1). 

15 (b) MILITARY PLANNING.—The Secretary of Defense 

16 is encouraged to coordinate with the Ministry of Defense 

17 for the Government of India to develop combined military 

18 plans for missions such as humanitarian assistance and 

19 disaster relief, maritime domain awareness, and other mis20 sions in the national security interests of both countries. 

21 (c) ASSESSMENT REQUIRED.— 

22 (1) IN GENERAL.—The Secretary of Defense 

23 and Secretary of State shall jointly, on an annual 

24 basis, conduct an assessment of the extent to which 

25 India possesses strategic operational capabilities to 


emcdonald on DSK3SPTVN1PROD with BILLS
770 

HR 4909 PCS

1 support military operations of mutual interest be2 tween the United States and India. 

3 (2) USE OF ASSESSMENT.—The President shall 

4 ensure that the assessment described in paragraph 

5 (1) is used, consistent with United States conven6 tional arms transfer policy, to inform the review by 

7 the United States of sales of defense articles and 

8 services to the Government of India. 

9 (3) FORM.—The assessment described in para10 graph (1) shall, to the maximum extent practicable, 

11 be in classified form. 

12 TITLE XIII—COOPERATIVE 

13 THREAT REDUCTION 

14 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE15 DUCTION FUNDS. 

16 (a) FISCAL YEAR 2017 COOPERATIVE THREAT RE17 DUCTION FUNDS DEFINED.—In this title, the term ‘‘fiscal 

18 year 2017 Cooperative Threat Reduction funds’’ means 

19 the funds appropriated pursuant to the authorization of 

20 appropriations in section 301 and made available by the 

21 funding table in division D for the Department of Defense 

22 Cooperative Threat Reduction Program established under 

23 section 1321 of the Department of Defense Cooperative 

24 Threat Reduction Act (50 U.S.C. 3711). 


emcdonald on DSK3SPTVN1PROD with BILLS
771 

HR 4909 PCS

1 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

2 pursuant to the authorization of appropriations in section 

3 301 and made available by the funding table in division 

4 D for the Department of Defense Cooperative Threat Re5 duction Program shall be available for obligation for fiscal 

6 years 2017, 2018, and 2019. 

7 SEC. 1302. FUNDING ALLOCATIONS. 

8 (a) IN GENERAL.—Of the $325,604,000 authorized 

9 to be appropriated to the Department of Defense for fiscal 

10 year 2017 in section 301 and made available by the fund11 ing table in division D for the Department of Defense Co12 operative Threat Reduction Program established under 

13 section 1321 of the Department of Defense Cooperative 

14 Threat Reduction Act (50 U.S.C. 3711), the following 

15 amounts may be obligated for the purposes specified: 

16 (1) For strategic offensive arms elimination, 

17 $11,791,000. 

18 (2) For chemical weapons destruction, 

19 $2,942,000. 

20 (3) For global nuclear security, $16,899,000. 

21 (4) For cooperative biological engagement, 

22 $213,984,000. 

23 (5) For proliferation prevention, $50,709,000, 

24 of which— 


emcdonald on DSK3SPTVN1PROD with BILLS
772 

HR 4909 PCS

1 (A) $4,000,000 may be obligated for pur2 poses relating to nuclear nonproliferation as3 sisted or caused by additive manufacture tech4 nology (commonly referred to as ‘‘3D print5 ing’’); 

6 (B) $4,000,000 may be obligated for moni7 toring the ‘‘proliferation pathways’’ under the 

8 Joint Comprehensive Plan of Action; 

9 (C) $4, 000,000 may be obligated for en10 hancing law enforcement cooperation and intel11 ligence sharing; and 

12 (D) $4,000,000 may be obligated for the 

13 Proliferation Security Initiative under subtitle 

14 B of title XVIII of the Implementing Rec15 ommendations of the 9/11 Commission Act of 

16 2007 (50 U.S.C. 2911 et seq.). 

17 (6) For threat reduction engagement, 

18 $2,000,000. 

19 (7) For activities designated as Other Assess20 ments/Administrative Costs, $27,279,000. 

21 (b) MODIFICATIONS TO CERTAIN REQUIREMENTS.— 

22 The Department of Defense Cooperative Threat Reduction 

23 Act (50 U.S.C. 3701 et seq.) is amended as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
773 

HR 4909 PCS

1 (1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) 

2 is amended by striking ‘‘15 days’’ and inserting ‘‘45 

3 days’’. 

4 (2) Section 1322(b) (50 U.S.C. 3712(b)) is 

5 amended— 

6 (A) by striking ‘‘At the time at which’’ and 

7 inserting ‘‘Not later than 15 days before the 

8 date on which’’; 

9 (B) in paragraph (1), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (C) in paragraph (2), by striking the pe12 riod and inserting ‘‘; and’’; and 

13 (D) by adding at the end the following new 

14 paragraph: 

15 ‘‘(3) a discussion of— 

16 ‘‘(A) whether authorities other than the 

17 authority under this section are available to the 

18 Secretaries to perform such project or activity 

19 to meet the threats or goals identified under 

20 subsection (a)(1); and 

21 ‘‘(B) if such other authorities exist, why 

22 the Secretaries were not able to use such au23 thorities for such project or activity.’’. 

24 (3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) 

25 is amended by striking ‘‘at the time at which’’ and 


emcdonald on DSK3SPTVN1PROD with BILLS
774 

HR 4909 PCS

1 inserting ‘‘not later than seven days before the date 

2 on which’’. 

3 (4) Section 1324 (50 U.S.C. 3714) is amend4 ed— 

5 (A) in subsection (a)(1)(C), by striking 

6 ‘‘15 days’’ and inserting ‘‘45 days’’; and 

7 (B) in subsection (b)(3), by striking ‘‘15 

8 days’’ and inserting ‘‘45 days’’. 

9 (c) JOINT COMPREHENSIVE PLAN OF ACTION DE10 FINED.—In this section, the term ‘‘Joint Comprehensive 

11 Plan of Action’’ means the Joint Comprehensive Plan of 

12 Action, signed at Vienna July 14, 2015, by Iran and by 

13 the People’s Republic of China, France, Germany, the 

14 Russian Federation, the United Kingdom and the United 

15 States, with the High Representative of the European 

16 Union for Foreign Affairs and Security Policy, and all im17 plementing materials and agreements related to the Joint 

18 Comprehensive Plan of Action, and transmitted by the 

19 President to Congress on July 19, 2015, pursuant to sec20 tion 135(a) of the Atomic Energy Act of 1954, as amend21 ed by the Iran Nuclear Agreement Review Act of 2015 

22 (Public Law 114–17; 129 Stat. 201). 


emcdonald on DSK3SPTVN1PROD with BILLS
775 

HR 4909 PCS

1 SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 COOPERATIVE THREAT REDUCTION IN PEO3 PLE’S REPUBLIC OF CHINA. 

4 The Department of Defense Cooperative Threat Re5 duction Act (50 U.S.C. 3701 et seq.) is amended by insert6 ing after section 1334 the following new section: 

7 ‘‘SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR 

8 COOPERATIVE THREAT REDUCTION ACTIVI9 TIES IN PEOPLE’S REPUBLIC OF CHINA. 

10 ‘‘(a) QUARTERLY INSTALLMENTS.—In carrying out 

11 activities under the Program in the People’s Republic of 

12 China, the Secretary of Defense shall ensure that Cooper13 ative Threat Reduction funds for such activities are obli14 gated or expended in quarterly installments. 

15 ‘‘(b) QUARTERLY CERTIFICATIONS.— 

16 ‘‘(1) LIMITATION.—The Secretary of Defense 

17 may not obligate or expend any Cooperative Threat 

18 Reduction funds for activities in the People’s Repub19 lic of China during a quarter unless the Secretary 

20 submits to the congressional defense committees and 

21 the Committee on Foreign Affairs of the House of 

22 Representatives and the Committee on Foreign Re23 lations of the Senate the certification under para24 graph (2) with respect to such quarter. 

25 ‘‘(2) SUBMISSION.—On a quarterly basis, the 

26 Secretary shall submit to the committees specified in 


emcdonald on DSK3SPTVN1PROD with BILLS
776 

HR 4909 PCS

1 paragraph (1) a certification, made in concurrence 

2 with the Secretary of State, of the following: 

3 ‘‘(A) China has taken material steps to— 

4 ‘‘(i) disrupt the proliferation activities 

5 of Li Fangwei (also known as Karl Lee, or 

6 any other alias known by the United 

7 States); and 

8 ‘‘(ii) arrest Li Fangwei pursuant the 

9 indictment charged in the United States 

10 District Court for the Southern District of 

11 New York on April 29, 2014. 

12 ‘‘(B) China has not proliferated to any 

13 non-nuclear weapons state, or any nuclear 

14 weapons state in violation of the Treaty on the 

15 Non-Proliferation of Nuclear Weapons, any 

16 item that contributes to a ballistic missile or 

17 nuclear weapons delivery system. 

18 ‘‘(3) COVERAGE.—The first notification made 

19 under paragraph (2) shall cover the preceding 12- 

20 month period before the date of such notification. 

21 Each subsequent notification shall cover the quarter 

22 preceding the date of such notification.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
777 

HR 4909 PCS

1 TITLE XIV—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1401. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2017 for the use of the Armed Forces and other 

7 activities and agencies of the Department of Defense for 

8 providing capital for working capital and revolving funds, 

9 as specified in the funding table in section 4501. 

10 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2017 for the National Defense Sealift Fund, 

13 as specified in the funding table in section 4501. 

14 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC15 TION, DEFENSE. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated for the Depart18 ment of Defense for fiscal year 2017 for expenses, not oth19 erwise provided for, for Chemical Agents and Munitions 

20 Destruction, Defense, as specified in the funding table in 

21 section 4501. 

22 (b) USE.—Amounts authorized to be appropriated 

23 under subsection (a) are authorized for— 

24 (1) the destruction of lethal chemical agents 

25 and munitions in accordance with section 1412 of 


emcdonald on DSK3SPTVN1PROD with BILLS
778 

HR 4909 PCS

1 the Department of Defense Authorization Act, 1986 

2 (50 U.S.C. 1521); and 

3 (2) the destruction of chemical warfare materiel 

4 of the United States that is not covered by section 

5 1412 of such Act. 

6 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC7 TIVITIES, DEFENSE-WIDE. 

8 Funds are hereby authorized to be appropriated for 

9 the Department of Defense for fiscal year 2017 for ex10 penses, not otherwise provided for, for Drug Interdiction 

11 and Counter-Drug Activities, Defense-wide, as specified in 

12 the funding table in section 4501. 

13 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

14 Funds are hereby authorized to be appropriated for 

15 the Department of Defense for fiscal year 2017 for ex16 penses, not otherwise provided for, for the Office of the 

17 Inspector General of the Department of Defense, as speci18 fied in the funding table in section 4501. 

19 SEC. 1406. DEFENSE HEALTH PROGRAM. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2017 for the Defense Health Program, as spec22 ified in the funding table in section 4501, for use of the 

23 Armed Forces and other activities and agencies of the De24 partment of Defense in providing for the health of eligible 

25 beneficiaries. 


emcdonald on DSK3SPTVN1PROD with BILLS
779 

HR 4909 PCS

1 SEC. 1407. NATIONAL SEA-BASED DETERRENCE FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2017 for the National Sea-Based Deterrence 

4 Fund as specified in the funding table in section 4501. 

5 Subtitle B—National Defense 

6 Stockpile 

7 SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATE8 RIALS FROM AND TO ACQUIRE ADDITIONAL 

9 MATERIALS FOR THE NATIONAL DEFENSE 

10 STOCKPILE. 

11 (a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) 

12 of the Strategic and Critical Materials Stock Piling Act 

13 (50 U.S.C. 98d(b)), the National Defense Stockpile Man14 ager may dispose of the following materials contained in 

15 the National Defense Stockpile in the following quantities: 

16 (1) 27 short tons of beryllium. 

17 (2) 111,149 short tons of chromium, ferroalloy. 

18 (3) 2,973 short tons of chromium metal. 

19 (4) 8,380 troy ounces of platinum. 

20 (5) 275,741 pounds of contained tungsten 

21 metal powder. 

22 (6) 12,433,796 pounds of contained tungsten 

23 ores and concentrates. 

24 (b) ACQUISITION AUTHORITY.— 

25 (1) AUTHORITY.—Using funds available in the 

26 National Defense Stockpile Transaction Fund, the 


emcdonald on DSK3SPTVN1PROD with BILLS
780 

HR 4909 PCS

1 National Defense Stockpile Manager may acquire 

2 the following materials determined to be strategic 

3 and critical materials required to meet the defense, 

4 industrial, and essential civilian needs of the United 

5 States: 

6 (A) High modulus and high strength car7 bon fibers. 

8 (B) Tantalum. 

9 (C) Germanium. 

10 (D) Tungsten rhenium metal. 

11 (E) Boron carbide powder. 

12 (F) Europium. 

13 (G) Silicon carbide fiber. 

14 (2) AMOUNT OF AUTHORITY.—The National 

15 Defense Stockpile Manager may use up to 

16 $55,000,0000 in the National Defense Stockpile 

17 Transaction Fund for acquisition of the materials 

18 specified paragraph (1). 

19 (3) FISCAL YEAR LIMITATION.—The authority 

20 under paragraph (1) is available for purchases dur21 ing fiscal year 2017 through fiscal year 2021. 

22 SEC. 1412. REVISIONS TO THE STRATEGIC AND CRITICAL 

23 MATERIALS STOCK PILING ACT. 

24 (a) MATERIALS CONSTITUTING THE NATIONAL DE25 FENSE STOCKPILE.—Section 4 of the Strategic and CritVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
781 

HR 4909 PCS

1 ical Materials Stock Piling Act (50 U.S.C. 98c) is amend2 ed— 

3 (1) in subsection (b), by striking ‘‘required for’’ 

4 and inserting ‘‘suitable for transfer to or disposal 

5 through’’; and 

6 (2) in subsection (c)— 

7 (A) by striking ‘‘(1)’’ and all that follows 

8 through ‘‘(2)’’; and 

9 (B) by striking ‘‘this subsection’’ and in10 serting ‘‘subsection (b)’’. 

11 (b) QUALIFICATION OF DOMESTIC SOURCES.—Sec12 tion 15(a) of such Act (50 U.S.C. 98h–6(a)) is amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (1); 

15 (2) by striking the period at the end of para16 graph (2) and inserting a semicolon; and 

17 (3) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(3) by qualifying existing domestic facilities 

20 and domestically produced strategic and critical ma21 terials to meet the requirements of defense and es22 sential civilian industries in times of national emer23 gencies when existing domestic sources of supply are 

24 either insufficient or vulnerable to single points of 

25 failure; and 


emcdonald on DSK3SPTVN1PROD with BILLS
782 

HR 4909 PCS

1 ‘‘(4) by contracting with domestic facilities to 

2 recycle strategic and critical materials, thereby in3 creasing domestic supplies when those materials 

4 would otherwise be insufficient to support defense 

5 and essential civilian industries in times of national 

6 emergencies.’’. 

7 Subtitle C—Other Matters 

8 SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

9 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

10 VETERANS AFFAIRS MEDICAL FACILITY DEM11 ONSTRATION FUND FOR CAPTAIN JAMES A. 

12 LOVELL HEALTH CARE CENTER, ILLINOIS. 

13 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

14 funds authorized to be appropriated for section 506 and 

15 available for the Defense Health Program for operation 

16 and maintenance, $122,375,000 may be transferred by the 

17 Secretary of Defense to the Joint Department of Defense– 

18 Department of Veterans Affairs Medical Facility Dem19 onstration Fund established by subsection (a)(1) of sec20 tion 1704 of the National Defense Authorization Act for 

21 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

22 For purposes of subsection (a)(2) of such section 1704, 

23 any funds so transferred shall be treated as amounts au24 thorized and appropriated specifically for the purpose of 

25 such a transfer. 


emcdonald on DSK3SPTVN1PROD with BILLS
783 

HR 4909 PCS

1 (b) USE OF TRANSFERRED FUNDS.—For the pur2 poses of subsection (b) of such section 1704, facility oper3 ations for which funds transferred under subsection (a) 

4 may be used are operations of the Captain James A. 

5 Lovell Federal Health Care Center, consisting of the 

6 North Chicago Veterans Affairs Medical Center, the Navy 

7 Ambulatory Care Center, and supporting facilities des8 ignated as a combined Federal medical facility under an 

9 operational agreement covered by section 706 of the Dun10 can Hunter National Defense Authorization Act for Fiscal 

11 Year 2009 (Public Law 110-417; 122 Stat. 4500). 

12 SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR 

13 ARMED FORCES RETIREMENT HOME. 

14 There is hereby authorized to be appropriated for fis15 cal year 2017 from the Armed Forces Retirement Home 

16 Trust Fund the sum of $64,300,000 for the operation of 

17 the Armed Forces Retirement Home. 


emcdonald on DSK3SPTVN1PROD with BILLS
784 

HR 4909 PCS

1 TITLE XV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OVERSEAS CON4 TINGENCY OPERATIONS 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AU8 THORIZATIONS OF APPROPRIATIONS. 

9 (a) PURPOSE.—The purpose of this subtitle is to au10 thorize appropriations for the Department of Defense for 

11 fiscal year 2017 to provide additional funds— 

12 (1) for overseas contingency operations being 

13 carried out by the Armed Forces; and 

14 (2) pursuant to sections 1502, 1503, 1504, 

15 1505, and 1507 for expenses, not otherwise provided 

16 for, for procurement, research, development, test, 

17 and evaluation, operation and maintenance, military 

18 personnel, and defense-wide drug interdiction and 

19 counter-drug activities, as specified in the funding 

20 tables in sections 4103, 4203, 4303, 4403, and 

21 4503. 

22 (b) SUPPORT OF BASE BUDGET REQUIREMENTS; 

23 TREATMENT.—Funds identified in subsection (a)(2) are 

24 being authorized to be appropriated in support of base 

25 budget requirements as requested by the President for fisVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
785 

HR 4909 PCS

1 cal year 2017 pursuant to section 1105(a) of title 31, 

2 United States Code. The Director of the Office of Manage3 ment and Budget shall apportion the funds identified in 

4 such subsection to the Department of Defense without re5 striction, limitation, or constraint on the execution of such 

6 funds in support of base requirements, including any re7 striction, limitation, or constraint imposed by, or described 

8 in, the document entitled ‘‘Criteria for War/Overseas Con9 tingency Operations Funding Requests’’ transmitted by 

10 the Director to the Department of Defense on September 

11 9, 2010, or any successor or related guidance. 

12 SEC. 1502. PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2017 for procurement accounts for the Army, 

15 the Navy and the Marine Corps, the Air Force, and De16 fense-wide activities, as specified in— 

17 (1) the funding table in section 4102; or 

18 (2) the funding table in section 4103. 

19 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA20 TION. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2017 for the use of the Department of Defense 

23 for research, development, test, and evaluation, as speci24 fied in— 

25 (1) the funding table in section 4202; or 


emcdonald on DSK3SPTVN1PROD with BILLS
786 

HR 4909 PCS

1 (2) the funding table in section 4203. 

2 SEC. 1504. OPERATION AND MAINTENANCE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for fiscal year 

5 2017 for the use of the Armed Forces and other activities 

6 and agencies of the Department of Defense for expenses, 

7 not otherwise provided for, for operation and maintenance, 

8 as specified in— 

9 (1) the funding table in section 4302, or 

10 (2) the funding table in section 4303. 

11 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

12 the funding table in section 4302 shall remain available 

13 for obligation only until April 30, 2017, at a rate for oper14 ations as provided in the Department of Defense Appro15 priations Act, 2016 (division C of Public Law 114–113). 

16 (c) CONDITION ON USE OF FUNDS FOR SYRIA TRAIN

17 AND EQUIP PROGRAMS.—Amounts authorized to be ap18 propriated by this section for the Syria Train and Equip 

19 programs, as specified in the funding table in section 

20 4302, may not be provided to any recipient that the Sec21 retary of Defense has reported, pursuant to a quarterly 

22 progress report submitted pursuant to section 1209 of the 

23 National Defense Authorization Act for Fiscal Year 2015 

24 (Public Law 113–291; 128 Stat. 3541), as having misused 

25 provided training and equipment. 


emcdonald on DSK3SPTVN1PROD with BILLS
787 

HR 4909 PCS

1 SEC. 1505. MILITARY PERSONNEL. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

3 are hereby authorized to be appropriated for fiscal year 

4 2017 for the use of the Armed Forces and other activities 

5 and agencies of the Department of Defense for expenses, 

6 not otherwise provided for, for military personnel, as spec7 ified in— 

8 (1) the funding table in section 4402; or 

9 (2) the funding table in section 4403. 

10 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

11 the funding table in section 4402 shall remain available 

12 for obligation only until April 30, 2017, at a rate for oper13 ations as provided in the Department of Defense Appro14 priations Act, 2016 (division C of Public Law 114–113). 

15 SEC. 1506. WORKING CAPITAL FUNDS. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated for fiscal year 

18 2017 for the use of the Armed Forces and other activities 

19 and agencies of the Department of Defense for providing 

20 capital for working capital and revolving funds, as speci21 fied in the funding table in section 4502. 

22 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

23 the funding table in section 4502 for providing capital for 

24 working capital and revolving funds shall remain available 

25 for obligation only until April 30, 2017, at a rate for operVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
788 

HR 4909 PCS

1 ations as provided in the Department of Defense Appro2 priations Act, 2016 (division C of Public Law 114–113). 

3 SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG AC4 TIVITIES, DEFENSE-WIDE. 

5 Funds are hereby authorized to be appropriated for 

6 the Department of Defense for fiscal year 2017 for ex7 penses, not otherwise provided for, for Drug Interdiction 

8 and Counter-Drug Activities, Defense-wide, as specified 

9 in— 

10 (1) the funding table in section 4502; or 

11 (2) the funding table in section 4503. 

12 SEC. 1508. DEFENSE INSPECTOR GENERAL. 

13 Funds are hereby authorized to be appropriated for 

14 the Department of Defense for fiscal year 2017 for ex15 penses, not otherwise provided for, for the Office of the 

16 Inspector General of the Department of Defense, as speci17 fied in the funding table in section 4502. 

18 SEC. 1509. DEFENSE HEALTH PROGRAM. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated for the Depart21 ment of Defense for fiscal year 2017 for expenses, not oth22 erwise provided for, for the Defense Health Program, as 

23 specified in the funding table in section 4502. 

24 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

25 the funding table in section 4502 for the Defense Health 


emcdonald on DSK3SPTVN1PROD with BILLS
789 

HR 4909 PCS

1 Program shall remain available for obligation only until 

2 April 30, 2017, at a rate for operations as provided in 

3 the Department of Defense Appropriations Act, 2016 (di4 vision C of Public Law 114–113). 

5 SEC. 1510. COUNTERTERRORISM PARTNERSHIPS FUND. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

7 are hereby authorized to be appropriated for the Depart8 ment of Defense for fiscal year 2017 for expenses, not oth9 erwise provided for, for the Counterterrorism Partnerships 

10 Fund, as specified in the funding table in section 4502. 

11 (b) DURATION OF AVAILABILITY.—Amounts appro12 priated pursuant to the authorization of appropriations in 

13 subsection (a) shall remain available for obligation 

14 through September 30, 2018. 

15 Subtitle B—Financial Matters 

16 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

17 The amounts authorized to be appropriated by this 

18 title are in addition to amounts otherwise authorized to 

19 be appropriated by this Act. 

20 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

21 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

22 (1) AUTHORITY.—Upon determination by the 

23 Secretary of Defense that such action is necessary in 

24 the national interest, the Secretary may transfer 

25 amounts of authorizations made available to the DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
790 

HR 4909 PCS

1 partment of Defense in this title for fiscal year 2017 

2 between any such authorizations for that fiscal year 

3 (or any subdivisions thereof). 

4 (2) EFFECT OF TRANSFER.—Amounts of au5 thorizations transferred under this subsection shall 

6 be merged with and be available for the same pur7 poses as the authorization to which transferred. 

8 (3) LIMITATIONS.—The total amount of author9 izations that the Secretary may transfer under the 

10 authority of this subsection may not exceed 

11 $4,500,000,000. 

12 (4) EXCEPTION.—In the case of the authoriza13 tions of appropriations contained in sections 1502, 

14 1503, 1504, 1505, and 1507 that are provided for 

15 the purpose specified in section 1501(a)(2), the 

16 transfer authority provided under section 1001, 

17 rather than the transfer authority provided by this 

18 subsection, shall apply to any transfer of amounts of 

19 such authorizations. 

20 (b) TERMS AND CONDITIONS.—Transfers under this 

21 section shall be subject to the same terms and conditions 

22 as transfers under section 1001. 

23 (c) ADDITIONAL AUTHORITY.—The transfer author24 ity provided by this section is in addition to the transfer 

25 authority provided under section 1001. 


emcdonald on DSK3SPTVN1PROD with BILLS
791 

HR 4909 PCS

1 SEC. 1523. CODIFICATION OF OFFICE OF MANAGEMENT 

2 AND BUDGET CRITERIA. 

3 The Secretary of Defense shall implement the fol4 lowing criteria in requests for overseas contingency oper5 ations: 

6 (1) Geographic Area Covered – For theater of 

7 operations for non-classified war overseas contin8 gency operations funding, the geographic areas in 

9 which combat or direct combat support operations 

10 occur are: Iraq, Afghanistan, Pakistan, Kazakhstan, 

11 Tajikistan, Kyrhyzstan, the Horn of Africa, Persian 

12 Gulf and Gulf nations, Arabian Sea, the Indian 

13 Ocean, the Philippines, and other countries on a 

14 case-by-case basis. 

15 (2) Permitted Inclusions in the Overseas Con16 tingency Operation Budget 

17 (A) Major Equipment 

18 (i) Replacement of loses that have oc19 curred but only for items not already pro20 grammed for replacement in the Future 

21 Years Defense Plan (FYDP), but not in22 cluding accelerations, which must be made 

23 in the base budget. 

24 (ii) Replacement or repair to original 

25 capability (to upgraded capability if that is 

26 currently available) of equipment returning 


emcdonald on DSK3SPTVN1PROD with BILLS
792 

HR 4909 PCS

1 from theater. The replacement may be a 

2 similar end item if the original item is no 

3 longer in production. Incremental cost of 

4 non-war related upgrades, if made, should 

5 be included in the base. 

6 (iii) Purchase of specialized, theater7 specific equipment. 

8 (iv) Funding for major equipment 

9 must be obligated within 12 months. 

10 (B) Ground Equipment Replacement 

11 (i) For combat losses and returning 

12 equipment that is not economical to repair, 

13 the replacement of equipment may be given 

14 to coalition partners, if consistent with ap15 proved policy. 

16 (ii) In-theater stocks above customary 

17 equipping levels on a case-by-case basis. 

18 (C) Equipment Modifications 

19 (i) Operationally-required modifica20 tions to equipment used in theater or in di21 rect support of combat operations and that 

22 is not already programmed in FYDP. 

23 (ii) Funding for equipment modifica24 tions must be able be obligated in 12 

25 months. 


emcdonald on DSK3SPTVN1PROD with BILLS
793 

HR 4909 PCS

1 (D) Munitions 

2 (i) Replenishment of munitions ex3 pended in combat operations in theater. 

4 (ii) Training ammunition for theater5 unique training events. 

6 (iii) While forecasted expenditures are 

7 not permitted, a case-by-case assessment 

8 for munitions where existing stocks are in9 sufficient to sustain theater combat oper10 ations. 

11 (E) Aircraft Replacement 

12 (i) Combat losses by accident that 

13 occur in the theater of operations. 

14 (ii) Combat losses by enemy action 

15 that occur in the theater of operations. 

16 (F) Military Construction 

17 (i) Facilities and infrastructure in the 

18 theater of operations in direct support of 

19 combat operations. The level of construc20 tion should be the minimum to meet oper21 ational requirements. 

22 (ii) At non-enduring locations, facili23 ties and infrastructure for temporary use. 

24 (iii) At enduring locations, facilities 

25 and infrastructure for temporary use. 


emcdonald on DSK3SPTVN1PROD with BILLS
794 

HR 4909 PCS

1 (iv) At enduring locations, construc2 tion requirements must be tied to surge 

3 operations or major changes in operational 

4 requirements and will be considered on a 

5 case-by-case basis. 

6 (G) Research and development projects for 

7 combat operations in these specific theaters 

8 that can be delivered in 12 months. 

9 (H) Operations 

10 (i) Direct War costs: 

11 (I) Transport of personnel, 

12 equipment, and supplies to, from and 

13 within the theater of operations. 

14 (II) Deployment-specific training 

15 and preparation for unites and per16 sonnel (military and civilian) to as17 sume their directed missions as de18 fined in the orders for deployment 

19 into the theater of operations. 

20 (ii) Within the theater, the incre21 mental costs above the funding pro22 grammed in the base budget to: 

23 (I) Support commanders in the 

24 conduct of their directed missions (to 


emcdonald on DSK3SPTVN1PROD with BILLS
795 

HR 4909 PCS

1 include Emergency Response Pro2 grams). 

3 (II) Build and maintain tem4 porary facilities. 

5 (III) Provide food, fuel, supplies, 

6 contracted services and other support. 

7 (IV) Cover the operational costs 

8 of coalition partners supporting US 

9 military missions, as mutually agreed. 

10 (iii) Indirect war costs incurred out11 side the theater of operations will be evalu12 ated on a case-by-case basis. 

13 (I) Health 

14 (i) Short-term care directly related to 

15 combat. 

16 (ii) Infrastructure that is only to be 

17 used during the current conflict. 

18 (J) Personnel 

19 (i) Incremental special pays and al20 lowances for Service members and civilians 

21 deployed to a combat zone. 

22 (ii) Incremental pay, special pays and 

23 allowances for Reserve Component per24 sonnel mobilized to support war missions. 

25 (K) Special Operations Command 


emcdonald on DSK3SPTVN1PROD with BILLS
796 

HR 4909 PCS

1 (i) Operations that meet the criteria 

2 in this guidance. 

3 (ii) Equipment that meets the criteria 

4 in this guidance. 

5 (L) Prepositioned Supplies and 

6 equipment for resetting in-theater 

7 stocks of supplies and equipment to 

8 pre-war levels. 

9 (M) Security force funding to train, equip, 

10 and sustain Iraqi and Afghan military and po11 lice forces. 

12 (N) Fuel 

13 (i) War fuel costs and funding to en14 sure that logistical support to combat oper15 ations is not degraded due to cash losses 

16 in the Department of Defense’s baseline 

17 fuel program. 

18 (ii) Enough of any base fuel shortfall 

19 attributable to fuel price increases to main20 tain sufficient on-hand cash for the De21 fense Working Capital Funds to cover 

22 seven days disbursements. 

23 (3) Excluded items from Overseas Contingency 

24 Funding that must be funded from the base budget 


emcdonald on DSK3SPTVN1PROD with BILLS
797 

HR 4909 PCS

1 (A) Training vehicles, aircraft, ammuni2 tion, and simulators, but not training base 

3 stocks of specialized, theater-specific equipment 

4 that is required to support combat operations in 

5 the theater of operations, and support to de6 ployment-specific training described above. 

7 (B) Acceleration of equipment service life 

8 extension programs already in the Future Years 

9 Defense Plan. 

10 (C) Base Realignment and Closure 

11 projects. 

12 (D) Family support initiatives 

13 (i) Construction of childcare facilities. 

14 (ii) Funding for private-public par15 tisanships to expand military families’ ac16 cess to childcare. 

17 (iii) Support for service members’ 

18 spouses professional development. 

19 (E) Programs to maintain industrial base 

20 capacity including ‘‘war-stoppers.’’ 

21 (F) Personnel 

22 (i) Recruiting and retention bonuses 

23 to maintain end-strength. 


emcdonald on DSK3SPTVN1PROD with BILLS
798 

HR 4909 PCS

1 (ii) Basic Pay and the Basic allow2 ances for Housing and Subsistence for per3 manently authorized end strength. 

4 (iii) Individual augmentees on a case5 by-case basis. 

6 (G) Support for the personnel, operations, 

7 or the construction or maintenance of facilities, 

8 at U.S. Offices of Security Cooperation in the9 ater. 

10 (H) Costs for reconfiguring prepositioned 

11 supplies and equipment or for maintaining 

12 them. 

13 (4) Special Situations – Items proposed for in14 creases in reprogrammings or as payback for prior 

15 reprogrammings must meet the criteria above. 

16 Subtitle C—Limitations, Reports, 

17 and Other Matters 

18 SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

19 (a) IN GENERAL.—Funds available to the Depart20 ment of Defense for the Afghanistan Security Forces 

21 Fund during the period beginning on the date of the en22 actment of this Act and ending on December 31, 2017, 

23 shall be subject to the conditions contained in subsections 

24 (b) through (f) of section 1513 of the National Defense 

25 Authorization Act for Fiscal Year 2008 (Public Law 110– 


emcdonald on DSK3SPTVN1PROD with BILLS
799 

HR 4909 PCS

1 181; 122 Stat. 428), as amended by section 1531(b) of 

2 the Ike Skelton National Defense Authorization Act for 

3 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424). 

4 (b) ALLOCATION OF FUNDS.— 

5 (1) IN GENERAL.—Of the funds available to the 

6 Department of Defense for the Afghan Security 

7 Forces Fund for fiscal year 2017, it is the goal that 

8 $25,000,000 shall be used for— 

9 (A) the recruitment, integration, retention, 

10 training, and treatment of women in the Af11 ghan National Security Forces; and 

12 (B) the recruitment, training, and con13 tracting of female security personnel for future 

14 elections. 

15 (2) TYPES OF PROGRAMS AND ACTIVITIES.— 

16 Such programs and activities may include— 

17 (A) efforts to recruit women into the Af18 ghan National Security Forces, including the 

19 special operations forces; 

20 (B) programs and activities of the Afghan 

21 Ministry of Defense Directorate of Human 

22 Rights and Gender Integration and the Afghan 

23 Ministry of Interior Office of Human Rights, 

24 Gender and Child Rights; 


emcdonald on DSK3SPTVN1PROD with BILLS
800 

HR 4909 PCS

1 (C) development and dissemination of gen2 der and human rights educational and training 

3 materials and programs within the Afghan Min4 istry of Defense and the Afghan Ministry of In5 terior; 

6 (D) efforts to address harassment and vio7 lence against women within the Afghan Na8 tional Security Forces; 

9 (E) improvements to infrastructure that 

10 address the requirements of women serving in 

11 the Afghan National Security Forces, including 

12 appropriate equipment for female security and 

13 police forces, and transportation for police14 women to their station; 

15 (F) support for Afghanistan National Po16 lice Family Response Units; and 

17 (G) security provisions for high-profile fe18 male police and army officers. 

19 (c) REPORTING REQUIREMENT.— 

20 (1) SEMI-ANNUAL REPORTS.—Not later than 

21 January 31 and July 31 of each year through Janu22 ary 31, 2021, the Secretary of Defense shall submit 

23 to the congressional defense committees a report 

24 summarizing the details of any obligation or transfer 


emcdonald on DSK3SPTVN1PROD with BILLS
801 

HR 4909 PCS

1 of funds from the Afghanistan Security Forces Fund 

2 during the preceding six-calendar month period. 

3 (2) CONFORMING REPEALS.—(A) Section 1513 

4 of the National Defense Authorization Act for Fiscal 

5 Year 2008 (Public Law 110–181; 122 Stat. 428), as 

6 amended by section 1531(b) of the Ike Skelton Na7 tional Defense Authorization Act for Fiscal Year 

8 2011 (Public Law 111–383; 124 Stat. 4424), is fur9 ther amended by striking subsection (g). 

10 (B) Section 1517 of the John Warner National 

11 Defense Authorization Act for Fiscal Year 2007 

12 (Public Law 109–364; 120 Stat. 2442) is amended 

13 by striking subsection (f). 

14 SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

15 FUND. 

16 (a) USE AND TRANSFER OF FUNDS.—Subsection 

17 1532(a) of the National Defense Authorization Act for 

18 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1091) 

19 is amended by striking ‘‘fiscal year 2016’’ and inserting 

20 ‘‘fiscal years 2016 and 2017’’. 

21 (b) EXTENSION OF INTERDICTION OF IMPROVISED

22 EXPLOSIVE DEVICE PRECURSOR CHEMICALS AUTHOR23 ITY.—Section 1532(c) of the National Defense Authoriza24 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

25 Stat. 2057) is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
802 

HR 4909 PCS

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘for fiscal year 2013 and 

3 for fiscal year 2016,’’ and inserting ‘‘for fiscal 

4 years 2013, 2016, and 2017’’; 

5 (B) by inserting ‘‘with the concurrence of 

6 the Secretary of State’’ after ‘‘may be available 

7 to the Secretary of Defense’’; 

8 (C) by striking ‘‘of the Government of 

9 Pakistan’’ and inserting ‘‘of foreign govern10 ments’’; and 

11 (D) by striking ‘‘from Pakistan to loca12 tions in Afghanistan’’; 

13 (2) in paragraph (2), by striking ‘‘of the Gov14 ernment of Pakistan’’ and inserting ‘‘of foreign gov15 ernments’’; 

16 (3) in paragraph (3)— 

17 (A) in the matter preceding subparagraph 

18 (A), by striking ‘‘the congressional defense com19 mittees’’ and inserting ‘‘Congress’’; and 

20 (B) in subparagraph (B)— 

21 (i) by striking ‘‘the Government of 

22 Pakistan’’ and inserting ‘‘foreign govern23 ments’’; and 

24 (ii) by striking ‘‘from Pakistan to lo25 cations in Afghanistan’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
803 

HR 4909 PCS

1 (4) in paragraph (4), as most recently amended 

2 by section 1532(b)(2) of the National Defense Au3 thorization Act for Fiscal Year 2016 (Public Law 

4 114–92; 129 Stat. 1091), by striking ‘‘December 31, 

5 2016’’ and inserting ‘‘December 31, 2017’’. 

6 SEC. 1533. EXTENSION OF AUTHORITY TO USE JOINT IM7 PROVISED EXPLOSIVE DEVICE DEFEAT FUND 

8 FOR TRAINING OF FOREIGN SECURITY 

9 FORCES TO DEFEAT IMPROVISED EXPLOSIVE 

10 DEVICES. 

11 Section 1533(e) of the National Defense Authoriza12 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

13 Stat. 1093) is amended by striking ‘‘September 30, 2018’’ 

14 and inserting ‘‘September 30, 2020’’. 

15 TITLE XVI—STRATEGIC PRO16 GRAMS, CYBER, AND INTEL17 LIGENCE MATTERS 

18 Subtitle A—Space Activities 

19 SEC. 1601. ROCKET PROPULSION SYSTEM TO REPLACE RD– 

20 180. 

21 (a) USE OF FUNDS.—Section 1604 of the Carl Levin 

22 and Howard P. ‘‘Buck’’ McKeon National Defense Au23 thorization Act for Fiscal Year 2015 (Public Law 113– 

24 291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended 

25 by section 1606 of the National Defense Authorization Act 


emcdonald on DSK3SPTVN1PROD with BILLS
804 

HR 4909 PCS

1 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

2 1099), is further amended by striking subsection (d) and 

3 inserting the following new subsections: 

4 ‘‘(d) USE OF FUNDS UNDER DEVELOPMENT PRO5 GRAM.— 

6 ‘‘(1) DEVELOPMENT OF ROCKET PROPULSION

7 SYSTEM.—The funds described in paragraph (2)— 

8 ‘‘(A) may be obligated or expended for— 

9 ‘‘(i) the development of the rocket 

10 propulsion system to replace non-allied 

11 space launch engines pursuant to sub12 section (a); and 

13 ‘‘(ii) the necessary interfaces to, or in14 tegration of, the rocket propulsion system 

15 with an existing or new launch vehicle; and 

16 ‘‘(B) may not be obligated or expended to 

17 develop or procure a launch vehicle, an upper 

18 stage, a strap-on motor, or related infrastruc19 ture. 

20 ‘‘(2) FUNDS DESCRIBED.—The funds described 

21 in this paragraph are the following: 

22 ‘‘(A) Funds authorized to be appropriated 

23 by the National Defense Authorization Act for 

24 Fiscal Year 2017 or otherwise made available 

25 for fiscal year 2017 for the Department of DeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
805 

HR 4909 PCS

1 fense for the development of the rocket propul2 sion system under subsection (a). 

3 ‘‘(B) Funds authorized to be appropriated 

4 by this Act or the National Defense Authoriza5 tion Act for Fiscal Year 2016 or otherwise 

6 made available for fiscal years 2015 or 2016 for 

7 the Department of Defense for the development 

8 of the rocket propulsion system under sub9 section (a) that are unobligated as of the date 

10 of the enactment of the National Defense Au11 thorization Act for Fiscal Year 2017. 

12 ‘‘(3) OTHER PURPOSES.—The Secretary may 

13 obligate or expend not more than a total of 31 per14 cent of the funds that are authorized to be appro15 priated or otherwise made available for fiscal year 

16 2017 for the rocket propulsion system and launch 

17 system investment for activities not authorized by 

18 paragraph (1)(A), including for developing a launch 

19 vehicle, an upper stage, a strap-on motor, or related 

20 infrastructure. The Secretary may exceed such limit 

21 in fiscal year 2017 for such purposes if— 

22 ‘‘(A) the Secretary certifies to the appro23 priate congressional committees that, as of the 

24 date of the certification— 


emcdonald on DSK3SPTVN1PROD with BILLS
806 

HR 4909 PCS

1 ‘‘(i) the development of the rocket 

2 propulsion system is being carried out pur3 suant to paragraph (1)(A) in a manner 

4 that ensures that the rocket propulsion 

5 system will meet each requirement under 

6 subsection (a)(2); and 

7 ‘‘(ii) such obligation or expenditure 

8 will not negatively affect the development 

9 of the rocket propulsion system, including 

10 with respect to meeting such requirements; 

11 and 

12 ‘‘(B) the reprogramming or transfer is car13 ried out in accordance with established proce14 dures for reprogramming or transfers, including 

15 with respect to presenting a request for a re16 programming of funds. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘appropriate congressional com19 mittees’ means— 

20 ‘‘(A) the congressional defense committees; 

21 and 

22 ‘‘(B) the Permanent Select Committee on 

23 Intelligence of the House of Representatives 

24 and the Select Committee on Intelligence of the 

25 Senate. 


emcdonald on DSK3SPTVN1PROD with BILLS
807 

HR 4909 PCS

1 ‘‘(2) The term ‘rocket propulsion system’ 

2 means, with respect to the development authorized 

3 by subsection (a), a main booster, first-stage rocket 

4 engine or motor. The term does not include a launch 

5 vehicle, an upper stage, a strap-on motor, or related 

6 infrastructure.’’. 

7 (b) RIGHTS TO INTELLECTUAL PROPERTY.—Sub8 section (a) of such section 1604 is amended by adding at 

9 the end the following new paragraph: 

10 ‘‘(3) PLAN TO PROTECT GOVERNMENT INVEST11 MENT AND ASSURED ACCESS TO SPACE.— 

12 ‘‘(A) In developing the rocket propulsion 

13 system under paragraph (1), and in any devel14 opment conducted pursuant to subsection 

15 (d)(3), the Secretary shall develop a plan to 

16 protect the investment of the United States and 

17 the assured access to space, including, con18 sistent with section 2320 of title 10, United 

19 States Code, and in accordance with other ap20 plicable provisions of law, acquiring the rights, 

21 as appropriate, for the purpose of developing al22 ternative sources of supply and manufacture in 

23 the event such alternative sources are necessary 

24 and in the best interest of the United States, 

25 such as in the event that a company goes out 


emcdonald on DSK3SPTVN1PROD with BILLS
808 

HR 4909 PCS

1 of business or the system is otherwise unavail2 able after the Federal Government has invested 

3 significant resources to use and rely on such 

4 system for launch services. 

5 ‘‘(B) Not later than 90 days after the date 

6 of the enactment of the National Defense Au7 thorization Act for Fiscal Year 2017, the Sec8 retary shall submit to the appropriate congres9 sional committees the plan developed under 

10 subparagraph (A).’’. 

11 SEC. 1602. EXCEPTION TO THE PROHIBITION ON CON12 TRACTING WITH RUSSIAN SUPPLIERS OF 

13 ROCKET ENGINES FOR THE EVOLVED EX14 PENDABLE LAUNCH VEHICLE PROGRAM. 

15 Section 1608 of the Carl Levin and Howard P. 

16 ‘‘Buck’’ McKeon National Defense Authorization Act for 

17 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3626; 

18 10 U.S.C. 2271 note), as amended by section 1607 of the 

19 National Defense Authorization Act for Fiscal Year 2016 

20 (Public Law 114–92; 129 Stat. 1100), is further amended 

21 by striking subsection (c) and inserting the following new 

22 subsection: 

23 ‘‘(c) EXCEPTION.—The prohibition in subsection (a) 

24 shall not apply to any of the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
809 

HR 4909 PCS

1 ‘‘(1) The placement of orders or the exercise of 

2 options under the contract numbered FA8811–13– 

3 C–0003 and awarded on December 18, 2013. 

4 ‘‘(2) Contracts that are awarded for the pro5 curement of property or services for space launch ac6 tivities that include the use of a total of eighteen 

7 rocket engines designed or manufactured in the Rus8 sian Federation, in addition to Russian-designed or 

9 -manufactured engines to which paragraph (1) ap10 plies.’’. 

11 SEC. 1603. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND 

12 COMMUNICATIONS. 

13 Section 1611 of the National Defense Authorization 

14 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

15 1103) is amended by striking subsection (b) and inserting 

16 the following new subsections: 

17 ‘‘(b) SCOPE.— 

18 ‘‘(1) STUDY GUIDANCE.—In conducting the 

19 analysis of alternatives under subsection (a), the 

20 Secretary shall develop study guidance that requires 

21 such analysis to include the full range of military 

22 and commercial satellite communications capabili23 ties, acquisition processes, and service delivery mod24 els. 


emcdonald on DSK3SPTVN1PROD with BILLS
810 

HR 4909 PCS

1 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

2 shall ensure that— 

3 ‘‘(A) any cost assessments of military or 

4 commercial satellite communications systems in5 cluded in the analysis of alternatives conducted 

6 under subsection (a) include detailed full life7 cycle costs, as applicable, including with respect 

8 to— 

9 ‘‘(i) military personnel, military con10 struction, military infrastructure operation, 

11 maintenance costs, and ground and user 

12 terminal impacts; and 

13 ‘‘(ii) any other costs regarding mili14 tary or commercial satellite communica15 tions systems the Secretary determines ap16 propriate; and 

17 ‘‘(B) such analysis identifies any consider18 ations relating to the use of military versus 

19 commercial systems. 

20 ‘‘(c) COMPTROLLER GENERAL REVIEW.— 

21 ‘‘(1) SUBMISSION.—Upon completion of the 

22 analysis of alternatives conducted under subsection 

23 (a), the Secretary shall submit such analysis to the 

24 Comptroller General of the United States. 


emcdonald on DSK3SPTVN1PROD with BILLS
811 

HR 4909 PCS

1 ‘‘(2) REVIEW.—Not later than 120 days after 

2 the date on which the Comptroller General receives 

3 the analysis of alternatives under paragraph (1), the 

4 Comptroller General shall submit to the congres5 sional defense committees a review of the analysis. 

6 ‘‘(3) MATTERS INCLUDED.—The review under 

7 paragraph (2) of the analysis of alternatives con8 ducted under subsection (a) shall include the fol9 lowing: 

10 ‘‘(A) Whether, and to what extent, the 

11 Secretary— 

12 ‘‘(i) conducted such analysis using 

13 best practices; 

14 ‘‘(ii) fully addressed the concerns of 

15 the acquisition, operational, and user com16 munities; and 

17 ‘‘(iii) complied with subsection (b). 

18 ‘‘(B) A description of how the Secretary 

19 identified the requirements and assessed and 

20 addressed the cost, schedule, and risks posed 

21 for each alternative included in such analysis. 

22 ‘‘(d) BRIEFINGS.—Not later than 90 days after the 

23 date of the enactment of the National Defense Authoriza24 tion Act for Fiscal Year 2017, and semiannually there25 after until the date on which the analysis of alternatives 


emcdonald on DSK3SPTVN1PROD with BILLS
812 

HR 4909 PCS

1 conducted under subsection (a) is completed, the Secretary 

2 shall provide the Committees on Armed Services of the 

3 House of Representatives and the Senate (and any other 

4 congressional defense committee upon request) a briefing 

5 on such analysis.’’. 

6 SEC. 1604. MODIFICATION TO PILOT PROGRAM FOR ACQUI7 SITION OF COMMERCIAL SATELLITE COMMU8 NICATION SERVICES. 

9 Section 1605 of the Carl Levin and Howard P. 

10 ‘‘Buck’’ McKeon National Defense Authorization Act for 

11 Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2208 

12 note), as amended by section 1612 of the National De13 fense Authorization Act for Fiscal Year 2016 (Public Law 

14 114–92; 129 Stat. 1103), is further amended by adding 

15 at the end the following new subsection: 

16 ‘‘(e) IMPLEMENTATION OF GOALS.—In devel17 oping and carrying out the pilot program under sub18 section (a)(1), by not later than September 30, 

19 2017, the Secretary shall take actions to begin the 

20 implementation of each goal specified in subsection 

21 (b).’’. 

22 SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING. 

23 (a) ROLES OF DOD AND NOAA.— 

24 (1) MECHANISMS.—The Secretary of Defense 

25 and the Director of the National Oceanic and AtVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
813 

HR 4909 PCS

1 mospheric Administration shall jointly establish 

2 mechanisms to collaborate and coordinate in defin3 ing the roles and responsibilities of the Department 

4 of Defense and the National Oceanic and Atmos5 pheric Administration to— 

6 (A) carry out space-based environmental 

7 monitoring; and 

8 (B) plan for future non-governmental 

9 space-based environmental monitoring capabili10 ties. 

11 (2) RULE OF CONSTRUCTION.—Nothing in 

12 paragraph (1) may be construed to authorize a joint 

13 satellite program of the Department of Defense and 

14 the National Oceanic and Atmospheric Administra15 tion. 

16 (b) REPORT.—Not later than 120 days after the date 

17 of the enactment of this Act, the Secretary and the Direc18 tor shall jointly submit to the appropriate congressional 

19 committees a report on the mechanisms established under 

20 subsection (a)(1). 

21 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED.—In this section, the term ‘‘appropriate congres23 sional committees’’ means— 

24 (1) the congressional defense committees; 


emcdonald on DSK3SPTVN1PROD with BILLS
814 

HR 4909 PCS

1 (2) the Committee on Science, Space, and 

2 Technology of the House of Representatives; and 

3 (3) the Committee on Commerce, Science, and 

4 Transportation of the Senate. 

5 SEC. 1606. PROHIBITION ON USE OF CERTAIN NON-ALLIED 

6 POSITIONING, NAVIGATION, AND TIMING SYS7 TEMS. 

8 (a) PROHIBITION.—During the period beginning not 

9 later than 60 days after the date of the enactment of this 

10 Act and ending on September 30, 2018, the Secretary of 

11 Defense shall ensure that the Armed Forces and each ele12 ment of the Department of Defense do not use a non-allied 

13 positioning, navigation, and timing system or service pro14 vided by such a system. 

15 (b) WAIVER.—The Secretary may waive the prohibi16 tion in subsection (a) if— 

17 (1) the Secretary determines that the waiver 

18 is— 

19 (A) in the national security interest of the 

20 United States; and 

21 (B) necessary to mitigate exigent oper22 ational concerns; 

23 (2) the Secretary notifies, in writing, the appro24 priate congressional committees of such waiver; and 


emcdonald on DSK3SPTVN1PROD with BILLS
815 

HR 4909 PCS

1 (3) a period of 30 days has elapsed following 

2 the date of such notification. 

3 (c) ASSESSMENT.—Not later than 120 days after the 

4 date of the enactment of this Act, the Secretary of De5 fense, the Chairman of the Joint Chiefs of Staff, and the 

6 Director of National Intelligence shall jointly submit to 

7 the appropriate congressional committees an assessment 

8 of the risks to national security and to the operations and 

9 plans of the Department of Defense from using a non10 allied positioning, navigation, and timing system or service 

11 provided by such a system. Such assessment shall— 

12 (1) address risks regarding— 

13 (A) espionage, counterintelligence, and tar14 geting; 

15 (B) the use of the Global Positioning Sys16 tem by allies and partners of the United States 

17 and others; and 

18 (C) harmful interference to the Global Po19 sitioning System; and 

20 (2) include any other matters the Secretary, the 

21 Chairman, and the Director determine appropriate. 

22 (d) DEFINITIONS.—In this section: 

23 (1) The term ‘‘appropriate congressional com24 mittees’’ means— 


emcdonald on DSK3SPTVN1PROD with BILLS
816 

HR 4909 PCS

1 (A) the congressional defense committees; 

2 and 

3 (B) the Permanent Select Committee on 

4 Intelligence of the House of Representatives 

5 and the Select Committee on Intelligence of the 

6 Senate. 

7 (2) The term ‘‘non-allied positioning, naviga8 tion, and timing system’’ means any of the following 

9 systems: 

10 (A) The Beidou system. 

11 (B) The Glonass global navigation satellite 

12 system. 

13 SEC. 1607. LIMITATION OF AVAILABILITY OF FUNDS FOR 

14 THE JOINT SPACE OPERATIONS CENTER MIS15 SION SYSTEM. 

16 Of the funds authorized to be appropriated by this 

17 Act or otherwise made available for fiscal year 2017 for 

18 increment 3 of the Joint Space Operations Center Mission 

19 System, not more than 25 percent may be obligated or 

20 expended until the date on which the Secretary of the Air 

21 Force, in coordination with the Commander of the United 

22 States Strategic Command, submits to the congressional 

23 defense committees a report on such increment, includ24 ing— 

25 (1) an acquisition strategy for such increment; 


emcdonald on DSK3SPTVN1PROD with BILLS
817 

HR 4909 PCS

1 (2) the requirements of such increment; 

2 (3) the funding and schedule for such incre3 ment; 

4 (4) the strategy for use of commercially avail5 able capabilities, as appropriate, relating to such in6 crement to rapidly address warfighter requirements, 

7 including the market research and evaluation of such 

8 commercial capabilities; and 

9 (5) the relationship of such increment with the 

10 other related activities and investments of the De11 partment of Defense. 

12 SEC. 1608. SPACE-BASED INFRARED SYSTEM AND AD13 VANCED EXTREMELY HIGH FREQUENCY PRO14 GRAM. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The recently completed analysis of alter17 natives for the space-based infrared system program 

18 identified the cost and capability trades of various 

19 alternatives, however the criteria and assessment for 

20 resilience and mission assurance was undefined. 

21 (2) The analysis of alternatives for the ad22 vanced extremely high frequency program is ongo23 ing. 

24 (b) LIMITATION ON DEVELOPMENT AND ACQUISI25 TION OF ALTERNATIVES.— 


emcdonald on DSK3SPTVN1PROD with BILLS
818 

HR 4909 PCS

1 (1) LIMITATION.—Except as provided by para2 graph (4), the Secretary of Defense may not develop 

3 or acquire an alternative to the space-based infrared 

4 system program of record or develop or acquire an 

5 alternative to the advanced extremely high frequency 

6 program of record until the date on which the Com7 mander of the United States Strategic Command 

8 and the Director of the Space Security and Defense 

9 Program, in consultation with the Defense Intel10 ligence Officer for Science and Technology of the 

11 Defense Intelligence Agency, jointly submit to the 

12 appropriate congressional committees the assess13 ments described in paragraph (2) for the respective 

14 program. 

15 (2) ASSESSMENT.—The assessments described 

16 in this paragraph are— 

17 (A) an assessment of the resilience and 

18 mission assurance of each alternative to the 

19 space-based infrared system being considered by 

20 the Secretary of the Air Force; and 

21 (B) an assessment of the resilience and 

22 mission assurance of each alternative to the ad23 vanced extremely high frequency program being 

24 considered by the Secretary of the Air Force. 


emcdonald on DSK3SPTVN1PROD with BILLS
819 

HR 4909 PCS

1 (3) ELEMENTS.—An assessment described in 

2 paragraph (2) shall include, with respect to each al3 ternative to the space-based infrared system pro4 gram of record and each alternative to the advanced 

5 extremely high frequency program of record being 

6 considered by the Secretary of the Air Force, the fol7 lowing: 

8 (A) The requirements for resilience and 

9 mission assurance. 

10 (B) The criteria to measure such resilience 

11 and mission assurance. 

12 (C) How the alternative affects— 

13 (i) deterrence and full spectrum 

14 warfighting; 

15 (ii) warfighter requirements and rel16 ative costs to include ground station and 

17 user terminals; 

18 (iii) the potential order of battle of 

19 adversaries; and 

20 (iv) the required capabilities of the 

21 broader space security and defense enter22 prise. 

23 (4) EXCEPTION.—The limitation in paragraph 

24 (1) shall not apply to efforts to examine and develop 

25 technology insertion opportunities for the spaceVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
820 

HR 4909 PCS

1 based infrared system program of record or the sat2 ellite communications programs of record. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means the following: 

6 (1) With respect to the submission of the as7 sessment described in subparagraph (A) of sub8 section (b)(2), the— 

9 (A) the congressional defense committees; 

10 and 

11 (B) the Permanent Select Committee on 

12 Intelligence of the House of Representatives. 

13 (2) With respect to the submission of the as14 sessment described in subparagraph (B) of sub15 section (b)(2), the congressional defense committees. 

16 SEC. 1609. PLANS ON TRANSFER OF ACQUISITION AND 

17 FUNDING AUTHORITY OF CERTAIN WEATHER 

18 MISSIONS TO NATIONAL RECONNAISSANCE 

19 OFFICE. 

20 (a) LIMITATION.— 

21 (1) IN GENERAL.—Of the funds authorized to 

22 be appropriated or otherwise made available for fis23 cal year 2017 for research, development, test, and 

24 evaluation, Air Force, for the weather satellite fol25 low-on system, not more than 50 percent may be obVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
821 

HR 4909 PCS

1 ligated or expended until the date on which the Sec2 retary of the Air Force submits to the appropriate 

3 congressional committees the plan under paragraph 

4 (2). 

5 (2) AIR FORCE PLAN.—The Secretary shall de6 velop a plan for the Air Force to transfer, beginning 

7 with fiscal year 2018, the acquisition authority and 

8 the funding authority for covered space-based envi9 ronmental monitoring missions from the Air Force 

10 to the National Reconnaissance Office, including a 

11 description of the amount of funds that would be 

12 necessary to be transferred from the Air Force to 

13 the National Reconnaissance Office during fiscal 

14 years 2018 through 2022 to carry out such plan. 

15 (b) NRO PLAN.— 

16 (1) IN GENERAL.—The Director of the National 

17 Reconnaissance Office shall develop a plan for the 

18 National Reconnaissance Office to address how to 

19 carry out covered space-based environmental moni20 toring missions. Such plan shall include— 

21 (A) a description of the related national se22 curity requirements for such missions; 

23 (B) a description of the appropriate man24 ner to meet such requirements; and 


emcdonald on DSK3SPTVN1PROD with BILLS
822 

HR 4909 PCS

1 (C) the amount of funds that would be 

2 necessary to be transferred from the Air Force 

3 to the National Reconnaissance Office during 

4 fiscal years 2018 through 2022 to carry out 

5 such plan. 

6 (2) ACTIVITIES.—In developing the plan under 

7 paragraph (1), the Director may conduct pre-acqui8 sition activities, including with respect to requests 

9 for information, analyses of alternatives, study con10 tracts, modeling and simulation, and other activities 

11 the Director determines necessary to develop such 

12 plan. 

13 (3) SUBMISSION.—Not later than the date on 

14 which the President submits to Congress the budget 

15 for fiscal year 2018 under section 1105(a) of title 

16 31, United States Code, the Director shall submit to 

17 the appropriate congressional committees the plan 

18 under paragraph (1). 

19 (c) INDEPENDENT COST ESTIMATE.—The Director 

20 of the Cost Assessment Improvement Group of the Office 

21 of the Director of National Intelligence, in coordination 

22 with the Director of Cost Assessment and Program Eval23 uation, shall certify to the appropriate congressional com24 mittees that the amounts of funds identified under sub25 sections (a)(2) and (b)(1)(C) as being necessary to transVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
823 

HR 4909 PCS

1 fer are appropriate and include funding for positions and 

2 personnel to support program office costs. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the congressional defense committees; 

7 (B) the Permanent Select Committee on 

8 Intelligence of the House of Representatives; 

9 and 

10 (C) the Select Committee on Intelligence of 

11 the Senate. 

12 (2) The term ‘‘covered space-based environ13 mental monitoring missions’’ means the acquisition 

14 programs necessary to meet the national security re15 quirements for cloud characterization and theater 

16 weather imagery. 

17 SEC. 1610. PILOT PROGRAM ON COMMERCIAL WEATHER 

18 DATA. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the Secretary of Defense 

21 shall establish a pilot program to assess the viability of 

22 commercial satellite weather data to support requirements 

23 of the Department of Defense. 

24 (b) COMMERCIAL WEATHER DATA.—Of the funds 

25 authorized to be appropriated by this Act or otherwise 


emcdonald on DSK3SPTVN1PROD with BILLS
824 

HR 4909 PCS

1 made available for fiscal year 2017 for the Secretary of 

2 Defense to carry out the pilot program under subsection 

3 (a), not more than $3,000,000 may be obligated or ex4 pended to carry out such pilot program by purchasing and 

5 evaluating commercial weather data that meets the stand6 ards and specifications set by the Department of Defense. 

7 (c) DURATION.—The Secretary may carry out the 

8 pilot program under subsection (a) for a period not ex9 ceeding one year. 

10 (d) BRIEFINGS.— 

11 (1) INTERIM BRIEFING.—Not later than 60 

12 days after the date of the enactment of this Act, the 

13 Secretary of Defense shall provide a briefing to the 

14 Committees on Armed Services of the House of Rep15 resentatives and the Senate (and to any other con16 gressional defense committee upon request) dem17 onstrating how the Secretary plans to implement the 

18 pilot program under subsection (a). 

19 (2) FINAL BRIEFING.—Not later than 90 days 

20 after the pilot program under subsection (a) is com21 pleted, the Secretary shall provide a briefing to the 

22 Committees on Armed Services of the House of Rep23 resentatives and the Senate (and to any other con24 gressional defense committee upon request) on the 

25 utility, cost, and other considerations regarding the 


emcdonald on DSK3SPTVN1PROD with BILLS
825 

HR 4909 PCS

1 purchase of commercial satellite weather data to 

2 support the requirements of the Department of De3 fense. 

4 SEC. 1611. ORGANIZATION AND MANAGEMENT OF NA5 TIONAL SECURITY SPACE ACTIVITIES OF THE 

6 DEPARTMENT OF DEFENSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) National security space capabilities are a 

9 vital element of the national defense of the United 

10 States. 

11 (2) The advantages of the United States in na12 tional security space are now threatened to an un13 precedented degree by growing and serious 

14 counterspace capabilities of potential foreign adver15 saries, and the space advantages of the United 

16 States must be protected. 

17 (3) The Department of Defense has recognized 

18 the threat and has taken initial steps necessary to 

19 defend space, however the organization and manage20 ment may not be strategically postured to fully ad21 dress this changed domain of operations over the 

22 long term. 

23 (4) The defense of space is currently a priority 

24 for the leaders of the Department, however the 


emcdonald on DSK3SPTVN1PROD with BILLS
826 

HR 4909 PCS

1 space mission is managed within competing prior2 ities of each of the Armed Forces. 

3 (5) Space elements provide critical capabilities 

4 to all of the Armed Forces in the joint fight, how5 ever the disparate activities throughout the Depart6 ment have no single leader that is empowered to 

7 make decisions affecting the space forces of the De8 partment. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that, to modernize and fully address the growing 

11 threat to the national security space advantage of the 

12 United States, the Secretary of Defense must evaluate the 

13 range of options and take further action to strengthen the 

14 leadership, management, and organization of the national 

15 security space activities of the Department of Defense, in16 cluding with respect to— 

17 (1) unifying, integrating, and de-conflicting ac18 tivities to provide for stronger prioritization, ac19 countability, coherency, focus, strategy, and integra20 tion of the joint space program of the Department; 

21 (2) streamlining decision-making, limiting un22 necessary bureaucracy, and empowering the appro23 priate level of authority, while enabling effective 

24 oversight; 


emcdonald on DSK3SPTVN1PROD with BILLS
827 

HR 4909 PCS

1 (3) maintaining the involvement of each of the 

2 Armed Forces and adapting the culture and improv3 ing the capabilities of the workforce to ensure the 

4 workforce has the appropriate training, experience, 

5 and tools to accomplish the mission; and 

6 (4) reviewing authorities and preparing for a 

7 conflict that could extend to space. 

8 (c) RECOMMENDATIONS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Defense and the Director of the Office of Management 

11 and Budget shall each separately submit to the appro12 priate congressional committees recommendations, in ac13 cordance with subsection (b), to strengthen the leadership, 

14 management, and organization of the Department of De15 fense with respect to the national security space activities 

16 of the Department. 

17 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

18 In this section, the term ‘‘appropriate congressional com19 mittees’’ means the following: 

20 (1) The congressional defense committees. 

21 (2) The Permanent Select Committee on Intel22 ligence of the House of Representatives and the Se23 lect Committee on Intelligence of the Senate. 


emcdonald on DSK3SPTVN1PROD with BILLS
828 

HR 4909 PCS

1 SEC. 1612. REVIEW OF CHARTER OF OPERATIONALLY RE2 SPONSIVE SPACE PROGRAM OFFICE. 

3 (a) REVIEW.—The Secretary of Defense shall con4 duct a review of charter of the Operationally Responsive 

5 Space Program Office established by section 2273a of title 

6 10, United States Code (in this section referred to as the 

7 ‘‘Office’’). 

8 (b) ELEMENTS.—The review under subsection (a) 

9 shall include the following: 

10 (1) A review of the key operationally responsive 

11 space needs with respect to the warfighter and with 

12 respect to national security. 

13 (2) How the Office could fit into the broader 

14 resilience and space security strategy of the Depart15 ment of Defense. 

16 (3) An assessment of the potential of the Office 

17 to focus on the reconstitution capabilities with small 

18 satellites using low-cost launch vehicles and existing 

19 infrastructure. 

20 (4) An assessment of the potential of the Office 

21 to leverage existing or planned commercial capabili22 ties. 

23 (5) A review of the necessary workforce special24 ties and acquisition authorities of the Office. 

25 (6) A review of the funding profile of the Of26 fice. 


emcdonald on DSK3SPTVN1PROD with BILLS
829 

HR 4909 PCS

1 (7) A review of the organizational placement 

2 and reporting structure of the Office. 

3 (c) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Secretary shall submit 

5 to the congressional defense committees a report con6 taining the review under subsection (a), including any rec7 ommendations for legislative actions based on such review. 

8 SEC. 1613. BACKUP AND COMPLEMENTARY POSITIONING, 

9 NAVIGATION, AND TIMING CAPABILITIES OF 

10 GLOBAL POSITIONING SYSTEM. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The covered Secretaries 

13 shall jointly conduct a study to assess and identify 

14 the technology-neutral requirements to backup and 

15 complement the positioning, navigation, and timing 

16 capabilities of the Global Positioning System for na17 tional security and critical infrastructure. 

18 (2) REPORT.—Not later than one year after the 

19 date of the enactment of this Act, the covered Secre20 taries shall submit to the appropriate congressional 

21 committees a report on the study under paragraph 

22 (1). Such report shall include— 

23 (A) with respect to the Department of each 

24 covered Secretary, the identification of the re25 spective requirements to backup and comVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
830 

HR 4909 PCS

1 plement the positioning, navigation, and timing 

2 capabilities of the Global Positioning System for 

3 national security and critical infrastructure; 

4 (B) an analysis of alternatives to meet 

5 such requirements, including, at a minimum— 

6 (i) an analysis of the viability of a 

7 public-private partnership to establish a 

8 complementary positioning, navigation, and 

9 timing system; and 

10 (ii) an analysis of the viability of serv11 ice level agreements to operate a com12 plementary positioning, navigation, and 

13 timing system; and 

14 (C) a plan and estimated costs, schedule, 

15 and system level technical considerations, in16 cluding end user equipment and integration 

17 considerations, to meet such requirements. 

18 (b) SINGLE DESIGNATED OFFICIAL.—Each covered 

19 Secretary shall designate a single senior official of the De20 partment of the Secretary to act as the primary represent21 ative of such Department for purposes of conducting the 

22 study under subsection (a)(1). 

23 (c) DEFINITIONS.—In this section: 

24 (1) The term ‘‘appropriate congressional com25 mittees’’ means— 


emcdonald on DSK3SPTVN1PROD with BILLS
831 

HR 4909 PCS

1 (A) the congressional defense committees; 

2 (B) the Committee on Science, Space, and 

3 Technology, the Committee on Transportation 

4 and Infrastructure, and the Committee on 

5 Homeland Security of the House of Representa6 tives; and 

7 (C) the Committee on Commerce, Science, 

8 and Transportation and the Committee on 

9 Homeland Security and Governmental Affairs 

10 of the Senate. 

11 (2) The term ‘‘covered Secretaries’’ means the 

12 Secretary of Defense, the Secretary of Transpor13 tation, and the Secretary of Homeland Security. 

14 SEC. 1614. REPORT ON USE OF SPACECRAFT ASSETS OF 

15 THE SPACE-BASED INFRARED SYSTEM WIDE16 FIELD-OF-VIEW PROGRAM. 

17 (a) REPORT.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Defense, 

19 in coordination with the Director of National Intelligence, 

20 shall submit to the appropriate congressional committees 

21 a report on the feasibility of using available spacecraft as22 sets of the space-based infrared system wide-field-of-view 

23 program to satisfy other mission requirements of the De24 partment of Defense or the intelligence community. 


emcdonald on DSK3SPTVN1PROD with BILLS
832 

HR 4909 PCS

1 (b) MATTERS COVERED.—The report required by 

2 subsection (a) shall include, at a minimum, the following: 

3 (1) An evaluation of using the space-based in4 frared system wide-field-of-view spacecraft bus for 

5 other urgent national security space priorities. 

6 (2) An evaluation of the cost and schedule im7 pact, if any, to the space-based infrared system 

8 wide-field-of-view program if the spacecraft bus is 

9 used for another purpose. 

10 (c) FORM.—The report required by subsection (a) 

11 shall be submitted in unclassified form, but may contain 

12 a classified annex if necessary to protect the national secu13 rity interests of the United States. 

14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

15 DEFINED.—In this section, the term ‘‘appropriate con16 gressional committees’’ means— 

17 (1) the congressional defense committees; and 

18 (2) the Permanent Select Committee on Intel19 ligence of the House of Representatives and the Se20 lect Committee on Intelligence of the Senate. 


emcdonald on DSK3SPTVN1PROD with BILLS
833 

HR 4909 PCS

1 Subtitle B—Defense Intelligence 

2 and Intelligence-Related Activities 

3 SEC. 1621. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 INTELLIGENCE MANAGEMENT. 

5 (a) LIMITATION.—Of the funds authorized to be ap6 propriated by this Act or otherwise made available for fis7 cal year 2017 for operation and maintenance, Defense8 wide, for intelligence management, not more than 95 per9 cent may be obligated or expended until the date on which 

10 the Under Secretary of Defense for Intelligence submits 

11 to the appropriate congressional committees the reports 

12 on counterintelligence activities described in any classified 

13 annex accompanying this Act. 

14 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

15 DEFINED.—In this section, the term ‘‘appropriate con16 gressional committees’’ means the following: 

17 (1) The congressional defense committees. 

18 (2) The Permanent Select Committee on Intel19 ligence of the House of Representatives. 

20 SEC. 1622. LIMITATIONS ON AVAILABILITY OF FUNDS FOR 

21 UNITED STATES CENTRAL COMMAND INTEL22 LIGENCE FUSION CENTER. 

23 (a) LIMITATIONS.—Of the funds authorized to be ap24 propriated by this Act or otherwise made available for fisVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
834 

HR 4909 PCS

1 cal year 2017 for the Intelligence Fusion Center of the 

2 United States Central Command— 

3 (1) 25 percent may not be obligated or ex4 pended until— 

5 (A) the Commander of the United States 

6 Central Command submits to the appropriate 

7 congressional committees the report under sub8 section (b); and 

9 (B) a period of 15 days has elapsed fol10 lowing the date of such submission; and 

11 (2) 25 percent may not be obligated or ex12 pended until— 

13 (A) the Commander submits to such com14 mittees the report under subsection (c); and 

15 (B) a period of 15 days has elapsed fol16 lowing the date of such submission. 

17 (b) REPORT ON PROCEDURES.—The Commander 

18 shall submit to the appropriate congressional committees 

19 a report on the steps taken by the Commander to for20 malize and disseminate procedures for establishing, staff21 ing, and operating the Intelligence Fusion Center of the 

22 United States Central Command. 

23 (c) REPORT ON IG FINDINGS.—The Commander 

24 shall submit to the appropriate congressional committees 

25 a report on the steps taken by the Commander to address 


emcdonald on DSK3SPTVN1PROD with BILLS
835 

HR 4909 PCS

1 the findings of the final report of the Inspector General 

2 of the Department of Defense regarding the processing of 

3 intelligence information by the Intelligence Directorate of 

4 the United States Central Command. 

5 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

6 DEFINED.—In this section, the term ‘‘appropriate con7 gressional committees’’ means— 

8 (1) the congressional defense committees; and 

9 (2) the Permanent Select Committee on Intel10 ligence of the House of Representatives. 

11 SEC. 1623. LIMITATION ON AVAILABILITY OF FUNDS FOR 

12 JOINT INTELLIGENCE ANALYSIS COMPLEX. 

13 (a) LIMITATION.—Of the funds authorized to be ap14 propriated by this Act or otherwise made available for fis15 cal year 2017 for increased intelligence manpower posi16 tions for operation of the Joint Intelligence Analysis Com17 plex at Royal Air Force Molesworth, United Kingdom, not 

18 more than 85 percent may be obligated or expended dur19 ing fiscal year 2017 until the date on which the Secretary 

20 of Defense submits to the appropriate congressional com21 mittees the analysis under subsection (b)(1). 

22 (b) ANALYSIS.— 

23 (1) IN GENERAL.—Not later than 120 days 

24 after the date of the enactment of this Act, the Sec25 retary of Defense, in coordination with the Director 


emcdonald on DSK3SPTVN1PROD with BILLS
836 

HR 4909 PCS

1 of National Intelligence, shall submit to the appro2 priate congressional committees a revised analysis of 

3 alternatives for the basing of a new Joint Intel4 ligence Analysis Complex that is— 

5 (A) based on the analysis of the oper6 ational requirements and costs of the United 

7 States; and 

8 (B) informed by the findings of the report 

9 of the Comptroller General of the United States 

10 on the cost estimating and basing decision proc11 ess of the Joint Intelligence Analysis Complex. 

12 (2) REQUIREMENTS.—The analysis under para13 graph (1) shall, at a minimum— 

14 (A) be conducted in a manner that— 

15 (i) uses best practices; 

16 (ii) appropriately accounts for non-re17 curring and life cycle costs, including with 

18 respect to cost of living and projected 

19 growth in cost of living; 

20 (iii) uses objective and measurable cri21 teria for evaluating alternative locations 

22 against mission requirements; and 

23 (iv) uses reasonable and verifiable as24 sumptions; 


emcdonald on DSK3SPTVN1PROD with BILLS
837 

HR 4909 PCS

1 (B) include the identification and assess2 ments of— 

3 (i) possible alternative locations for 

4 the Joint Intelligence Analysis Complex at 

5 existing military installations used by the 

6 United States; and 

7 (ii) other possible cost-saving alter8 natives; 

9 (C) evaluate alternative practices to mini10 mize the number of support personnel required; 

11 (D) evaluate alternatives to building a new 

12 facility, including modifying existing facilities 

13 and using prefabricated facilities; and 

14 (E) evaluate the possibility of separating 

15 the European Command Intelligence Analytic 

16 Center, the Africa Command Intelligence Ana17 lytic Center, or the NATO Intelligence Fusion 

18 Center from the rest of the Joint Intelligence 

19 Analysis Complex at other viable locations. 

20 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE21 FINED.—In this section, the term ‘‘appropriate congres22 sional committees’’ means— 

23 (1) the congressional defense committees; and 

24 (2) the Permanent Select Committee on Intel25 ligence of the House of Representatives. 


emcdonald on DSK3SPTVN1PROD with BILLS
838 

HR 4909 PCS

1 Subtitle C—Cyberspace-Related 

2 Matters 

3 SEC. 1631. SPECIAL EMERGENCY PROCUREMENT AUTHOR4 ITY TO FACILITATE THE DEFENSE AGAINST 

5 OR RECOVERY FROM A CYBER ATTACK. 

6 Section 1903(a)(2) of title 41, United States Code, 

7 is amended by inserting ‘‘cyber,’’ before ‘‘nuclear,’’. 

8 SEC. 1632. CHANGE IN NAME OF NATIONAL DEFENSE UNI9 VERSITY’S INFORMATION RESOURCES MAN10 AGEMENT COLLEGE TO COLLEGE OF INFOR11 MATION AND CYBERSPACE. 

12 Section 2165(b)(5) of title 10, United States Code, 

13 is amended by striking ‘‘Information Resources Manage14 ment College’’ and inserting ‘‘College of Information and 

15 Cyberspace’’. 

16 SEC. 1633. REQUIREMENT TO ENTER INTO AGREEMENTS 

17 RELATING TO USE OF CYBER OPPOSITION 

18 FORCES. 

19 (a) REQUIREMENT FOR AGREEMENTS.—Not later 

20 than September 30, 2017, the Secretary of Defense shall 

21 enter into an agreement with each combatant command 

22 relating to the use of cyber opposition forces. Each agree23 ment shall require the command— 

24 (1) to support a high state of mission readiness 

25 in the command through the use of one or more 


emcdonald on DSK3SPTVN1PROD with BILLS
839 

HR 4909 PCS

1 cyber opposition forces in continuous exercises and 

2 other training activities as considered appropriate by 

3 the commander of the command; and 

4 (2) in conducting such exercises and training 

5 activities, meet the standard required under sub6 section (b). 

7 (b) JOINT STANDARD FOR CYBER OPPOSITION

8 FORCES.—Not later than March 31, 2017, the Secretary 

9 of Defense shall issue a joint training and certification 

10 standard for use by all cyber opposition forces within the 

11 Department of Defense. 

12 (c) BRIEFING REQUIRED.—Not later than September 

13 30, 2017, the Secretary of Defense shall provide to the 

14 congressional defense committees a briefing on— 

15 (1) a list of each combatant command that has 

16 entered into an agreement required by subsection 

17 (a); 

18 (2) with respect to each such agreement— 

19 (A) special conditions in the agreement 

20 placed on any cyber opposition force used by 

21 the command; 

22 (B) the process for making decisions about 

23 deconfliction and risk mitigation of cyber oppo24 sition force activities in continuous exercises 

25 and training; 


emcdonald on DSK3SPTVN1PROD with BILLS
840 

HR 4909 PCS

1 (C) identification of cyber opposition forces 

2 trained and certified to operate at the joint 

3 standard, as issued under subsection (b); 

4 (D) identification of the annual exercises 

5 that will include participation of the cyber oppo6 sition forces; 

7 (E) identification of any shortfalls in re8 sources that may prevent annual exercises using 

9 cyber opposition forces; and 

10 (3) any other matters the Secretary of Defense 

11 considers appropriate. 

12 SEC. 1634. LIMITATION ON AVAILABILITY OF FUNDS FOR 

13 CRYPTOGRAPHIC SYSTEMS AND KEY MAN14 AGEMENT INFRASTRUCTURE. 

15 (a) LIMITATION.—Of the funds authorized to be ap16 propriated by this Act or otherwise made available for fis17 cal year 2017 for cryptographic systems and key manage18 ment infrastructure, not more than 75 percent may be ob19 ligated or expended until the date on which the Secretary 

20 of Defense, in consultation with the Director of the Na21 tional Security Agency, submits to the appropriate con22 gressional committees a report on the integration of the 

23 cryptographic modernization and key management infra24 structure programs of the military departments, including 

25 a description of how the military departments have impleVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
841 

HR 4909 PCS

1 mented stronger leadership, increased integration, and re2 duced redundancy with respect to such modernization and 

3 programs. 

4 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means the following: 

7 (1) The congressional defense committees. 

8 (2) The Permanent Select Committee on Intel9 ligence of the House of Representatives. 

10 SEC. 1635. PILOT PROGRAMS ON DIRECT COMMISSIONS TO 

11 CYBER POSITIONS. 

12 (a) AUTHORITY.—The Secretary of the Army and the 

13 Secretary of the Air Force shall each carry out a pilot 

14 program to improve the ability of the Army and the Air 

15 Force, respectively, to recruit cyber professionals. 

16 (b) ELEMENTS.—Under the pilot program, the Secre17 taries shall each allow individuals who meet educational, 

18 physical, and other requirements determined appropriate 

19 by the Secretary to receive original appointments as com20 missioned officers in a cyber specialty. 

21 (c) CONSULTATION.—In developing the pilot pro22 gram, the Secretaries may consult with the Secretary of 

23 the Navy with respect to a similar program carried out 

24 by the Secretary of the Navy. 


emcdonald on DSK3SPTVN1PROD with BILLS
842 

HR 4909 PCS

1 (d) SENSE OF CONGRESS.—It is the sense of Con2 gress that Congress supports the direct commission of in3 dividuals trained in cyber specialties because the demand 

4 for skilled cyber personnel outstrips the supply of such 

5 personnel, and there is great competition for such per6 sonnel with private industry. 

7 SEC. 1636. REPORT ON POLICIES FOR RESPONDING TO MA8 LICIOUS CYBER ACTIVITIES CARRIED OUT 

9 AGAINST THE UNITED STATES OR UNITED 

10 STATES PERSONS BY FOREIGN STATES OR 

11 NON-STATE ACTORS. 

12 (a) REPORT REQUIRED.—Not later than 180 days 

13 after the date of the enactment of this Act, the Secretary 

14 of Defense shall submit to the congressional defense com15 mittees a report on policies, doctrine, procedures, and au16 thorities governing Department of Defense activities in re17 sponse to malicious cyber activities carried out against the 

18 United States or United States persons by foreign states 

19 or non-state actors. 

20 (b) ELEMENTS.—The report required under sub21 section (a) shall include the following: 

22 (1) Specific citations to appropriate associated 

23 Executive branch and agency directives, guidance, 

24 instructions, and other authoritative policy docu25 ments. 


emcdonald on DSK3SPTVN1PROD with BILLS
843 

HR 4909 PCS

1 (2) Descriptions of relevant authorities, rules of 

2 engagement, command and control structures, and 

3 response plans. 

4 SEC. 1637. ASSESSMENT ON SECURITY OF INFORMATION 

5 HELD BY CLEARED DEFENSE CONTRACTORS. 

6 (a) ASSESSMENT.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 shall conduct an assessment of the sufficiency of the 

9 regulatory mechanisms of the Department of De10 fense to secure defense information held by cleared 

11 defense contractors to determine whether there are 

12 any gaps that may undermine the protection of such 

13 information. 

14 (2) SUBMISSION.—Not later than 180 days 

15 after the date of the enactment of this Act, the Sec16 retary shall submit to the congressional defense com17 mittees a report on the findings of the assessment 

18 conducted under paragraph (1). 

19 (b) REGULATIONS.—Not later than 270 days after 

20 the date of the enactment of this Act, the Secretary shall 

21 prescribe regulations that the Secretary determines appro22 priate to improve the security of defense information held 

23 by cleared defense contractors. 

24 (c) CLEARED DEFENSE CONTRACTOR DEFINED.—In 

25 this section, the term ‘‘cleared defense contractor’’ has the 


emcdonald on DSK3SPTVN1PROD with BILLS
844 

HR 4909 PCS

1 meaning given that term in section 393(e) of title 10, 

2 United States Code. 

3 SEC. 1638. SENSE OF CONGRESS ON CYBER RESILIENCY OF 

4 THE NETWORKS AND COMMUNICATIONS SYS5 TEMS OF THE NATIONAL GUARD. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) Army and Air National Guard personnel 

8 need to have situational awareness and reliable com9 munications during any of the following events oc10 curring in the United States: 

11 (A) A terrorist attack. 

12 (B) An intentional or unintentional release 

13 of chemical, biological, radiological, nuclear, or 

14 high-yield explosive materials. 

15 (C) A natural or man-made disaster. 

16 (2) During such an event, it is vital that Army 

17 and Air National Guard personnel are able to com18 municate and coordinate response efforts with their 

19 own units and appropriate civilian emergency re20 sponse forces. 

21 (3) Current networks and communications sys22 tems of the National Guard, including commercial 

23 wireless solutions (such as mobile wireless kinetic 

24 mesh), and other systems that are interoperable with 

25 the systems of civilian first responders, should proVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
845 

HR 4909 PCS

1 vide the necessary robustness, interoperability, reli2 ability, and resilience to extend needed situational 

3 awareness and communications to all users and 

4 under all operating conditions, including degraded 

5 communications environments where infrastructure 

6 is damaged or destroyed or under cyber attack or 

7 disruption. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the National Guard should be constantly seek10 ing ways to improve and expand its communications and 

11 networking capabilities to provide for enhanced perform12 ance and resilience in the face of cyber attacks or disrup13 tions, as well as other instances of degradation. 

14 SEC. 1639. REQUIREMENT FOR ARMY NATIONAL GUARD 

15 STRATEGY TO INCORPORATE CYBER PRO16 TECTION TEAMS INTO DEPARTMENT OF DE17 FENSE CYBER MISSION FORCE. 

18 (a) STRATEGY REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Secretary 

20 of the Army, if the Secretary has not already done so, 

21 shall provide a briefing to the congressional defense com22 mittees outlining a strategy for incorporating Army Na23 tional Guard cyber protection teams into the Department 

24 of Defense cyber mission force. 


emcdonald on DSK3SPTVN1PROD with BILLS
846 

HR 4909 PCS

1 (b) ELEMENTS OF STRATEGY.—The strategy re2 quired by subsection (a) shall include, at minimum, the 

3 following: 

4 (1) A timeline for incorporating Army National 

5 Guard cyber protection teams into the Department 

6 of Defense cyber mission force, including a timeline 

7 for receiving appropriate training. 

8 (2) Identification of specific units to be incor9 porated. 

10 (3) An assessment of how incorporation of 

11 Army National Guard cyber protection teams into 

12 the Department of Defense cyber mission force 

13 might be used to enhance readiness through im14 proved individual and collective training capabilities. 

15 (4) A status report on the Army’s progress in 

16 issuing additional guidance that clarifies how Army 

17 National Guard cyber protection teams can support 

18 State and civil operations in National Guard status 

19 under title 32, United States Code. 

20 (5) Other matters as considered appropriate by 

21 the Secretary of the Army. 


emcdonald on DSK3SPTVN1PROD with BILLS
847 

HR 4909 PCS

1 Subtitle D—Nuclear Forces 

2 SEC. 1641. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF 

3 NATIONAL LEADERSHIP COMMAND, CON4 TROL, AND COMMUNICATIONS SYSTEM. 

5 (a) RESPONSIBILITIES.—Subsection (d) of section 

6 171a of title 10, United States Code, is amended— 

7 (1) in paragraph (1), by inserting before the pe8 riod the following: ‘‘, and including with respect to 

9 the integrated tactical warning and attack assess10 ment systems, processes, and enablers, and con11 tinuity of the governmental functions of the Depart12 ment of Defense’’; and 

13 (2) in paragraph (2)(C), by inserting before the 

14 period the following: ‘‘(including space system archi15 tectures and associated user terminals and ground 

16 segments)’’. 

17 (b) ENSURING CAPABILITIES.—Such section is fur18 ther amended— 

19 (1) by redesignating subsection (i) as subsection 

20 (k); and 

21 (2) by inserting after subsection (h) the fol22 lowing new subsections: 

23 ‘‘(i) REPORTS ON SPACE ARCHITECTURE DEVELOP24 MENT.—(1) Not less than 90 days before each of the dates 

25 on which a system described in paragraph (2) achieves 


emcdonald on DSK3SPTVN1PROD with BILLS
848 

HR 4909 PCS

1 Milestone A or Milestone B approval, the Under Secretary 

2 of Defense for Acquisitions, Technology, and Logistics 

3 shall submit to the congressional defense committees a re4 port prepared by the Council detailing the implications of 

5 any changes to the architecture of such a system with re6 spect to the systems, capabilities, and programs covered 

7 under subsection (d). 

8 ‘‘(2) A system described in this paragraph is any of 

9 the following: 

10 ‘‘(A) Advanced extremely high frequency sat11 ellites. 

12 ‘‘(B) The space-based infrared system. 

13 ‘‘(C) The integrated tactical warning and attack 

14 assessment system and its command and control sys15 tem. 

16 ‘‘(D) The enhanced polar system. 

17 ‘‘(3) In this subsection, the terms ‘Milestone A ap18 proval’ and ‘Milestone B approval’ have the meanings 

19 given such terms in section 2366(e) of this title. 

20 ‘‘(j) NOTIFICATION OF REDUCTION OF CERTAIN

21 WARNING TIME.—(1) None of the funds authorized to be 

22 appropriated or otherwise made available to the Depart23 ment of Defense for any fiscal year may be used to change 

24 any command, control, and communications system de25 scribed in subsection (d)(1) in a manner that reduces the 


emcdonald on DSK3SPTVN1PROD with BILLS
849 

HR 4909 PCS

1 warning time provided to the national leadership of the 

2 United States with respect to a warning of a strategic mis3 sile attack on the United States unless— 

4 ‘‘(A) the Secretary of Defense notifies the con5 gressional defense committees of such proposed 

6 change and reduction; and 

7 ‘‘(B) a period of one year elapses following the 

8 date of such notification. 

9 ‘‘(2) Not later than March 1, 2017, and each year 

10 thereafter, the Council shall determine whether the inte11 grated tactical warning and attack assessment system and 

12 its command and control system have met all warfighter 

13 requirements for operational availability, survivability, and 

14 endurability. If the Council determines that such systems 

15 have not met such requirements, the Secretary of Defense 

16 and the Chairman shall jointly submit to the congressional 

17 defense committees— 

18 ‘‘(A) an explanation for such negative deter19 mination; 

20 ‘‘(B) a description of the mitigations that are in 

21 place or being put in place as a result of such nega22 tive determination; and 

23 ‘‘(C) the plan of the Secretary and the Chair24 man to ensure that the Council is able to make a 

25 positive determination in the following year.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
850 

HR 4909 PCS

1 (d) REPORTING REQUIREMENTS.—Subsection (e) of 

2 such section is amended by striking ‘‘At the same time’’ 

3 and all that follows through ‘‘title 31,’’ and inserting the 

4 following: ‘‘During the period preceding January 31, 

5 2021, at the same time each year that the budget of the 

6 President is submitted to Congress pursuant to section 

7 1105(a) of title 31, and from time to time after such pe8 riod at the discretion of the Council,’’. 

9 SEC. 1642. TREATMENT OF CERTAIN SENSITIVE INFORMA10 TION BY STATE AND LOCAL GOVERNMENTS. 

11 (a) SPECIAL NUCLEAR MATERIAL.—Section 128 of 

12 title 10, United States Code, is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(d) Information that the Secretary prohibits to be 

15 disseminated pursuant to subsection (a) that is provided 

16 to a State or local government shall remain under the con17 trol of the Department of Defense, and a State or local 

18 law authorizing or requiring a State or local government 

19 to disclose such information shall not apply to such infor20 mation.’’. 

21 (b) CRITICAL INFRASTRUCTURE SECURITY INFORMA22 TION.—Section 130e of such title is amended— 

23 (1) by redesignating subsection (c) as sub24 section (f) and moving such subsection, as so redes25 ignated, to appear after subsection (e); and 


emcdonald on DSK3SPTVN1PROD with BILLS
851 

HR 4909 PCS

1 (2) by striking subsection (b) and inserting the 

2 following new subsections: 

3 ‘‘(b) DESIGNATION OF DEPARTMENT OF DEFENSE

4 CRITICAL INFRASTRUCTURE SECURITY INFORMATION.— 

5 In addition to any other authority or requirement regard6 ing protection from dissemination of information, the Sec7 retary may designate information as being Department of 

8 Defense critical infrastructure security information, in9 cluding during the course of creating such information, 

10 to ensure that such information is not disseminated with11 out authorization. Information so designated is subject to 

12 the determination process under subsection (a) to deter13 mine whether to exempt such information from disclosure 

14 described in such subsection. 

15 ‘‘(c) INFORMATION PROVIDED TO STATE AND LOCAL

16 GOVERNMENTS.—(1) Department of Defense critical in17 frastructure security information covered by a written de18 termination under subsection (a) or designated under sub19 section (b) that is provided to a State or local government 

20 shall remain under the control of the Department of De21 fense. 

22 ‘‘(2)(A) A State or local law authorizing or requiring 

23 a State or local government to disclose Department of De24 fense critical infrastructure security information that is 


emcdonald on DSK3SPTVN1PROD with BILLS
852 

HR 4909 PCS

1 covered by a written determination under subsection (a) 

2 shall not apply to such information. 

3 ‘‘(B) If a person requests pursuant to a State or local 

4 law that a State or local government disclose information 

5 that is designated as Department of Defense critical infra6 structure security information under subsection (b), the 

7 State or local government shall provide the Secretary an 

8 opportunity to carry out the determination process under 

9 subsection (a) to determine whether to exempt such infor10 mation from disclosure pursuant to subparagraph (A).’’. 

11 (c) CONFORMING AMENDMENTS.— 

12 (1) SECTION 128.—Section 128 of such title is 

13 further amended in the section heading by striking 

14 ‘‘Physical’’ and inserting ‘‘Control and phys15 ical’’. 

16 (2) SECTION 130E.—Section 130e of such title 

17 is further amended— 

18 (A) by striking the section heading and in19 serting the following new section heading: 

20 ‘‘Control and protection of critical in21 frastructure security information’’; 

22 (B) in subsection (a), by striking the sub23 section heading and inserting the following new 

24 subsection heading; ‘‘EXEMPTION FROM FREE25 DOM OF INFORMATION ACT.—’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
853 

HR 4909 PCS

1 (C) in subsection (d), by striking the sub2 section heading and inserting the following new 

3 subsection heading: ‘‘DELEGATION OF DETER4 MINATION AUTHORITY.—’’; and 

5 (D) in subsection (e), by striking the sub6 section heading and inserting the following new 

7 subsection heading: ‘‘TRANSPARENCY OF DE8 TERMINATIONS.—’’. 

9 (d) CLERICAL AMENDMENTS.—The table of sections 

10 at the beginning of chapter 3 of such title is amended— 

11 (1) by striking the item relating to section 128 

12 and inserting the following new item: 

‘‘128. Control and physical protection of special nuclear material: limitation on 

dissemination of unclassified information.’’; and 

13 (2) by striking the item relating to section 130e 

14 and inserting the following new item: 

‘‘130e. Control and protection of critical infrastructure security information.’’. 

15 SEC. 1643. PROCUREMENT AUTHORITY FOR CERTAIN 

16 PARTS OF INTERCONTINENTAL BALLISTIC 

17 MISSILE FUZES. 

18 (a) AVAILABILITY OF FUNDS.—Notwithstanding sec19 tion 1502(a) of title 31, United States Code, of the 

20 amount authorized to be appropriated for fiscal year 2017 

21 by section 101 and available for Missile Procurement, Air 

22 Force, as specified in the funding table in section 4101, 

23 $17,095,000 shall be available for the procurement of covVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
854 

HR 4909 PCS

1 ered parts pursuant to contracts entered into under sec2 tion 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ 

3 Mckeon National Defense Authorization Act for Fiscal 

4 Year 2015 (Public Law 113–291; 128 Stat. 3651). 

5 (b) COVERED PARTS DEFINED.—In this section, the 

6 term ‘‘covered parts’’ means commercially available off7 the-shelf items as defined in section 104 of title 41, United 

8 States Code. 

9 SEC. 1644. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

10 MOBILE VARIANT OF GROUND-BASED STRA11 TEGIC DETERRENT MISSILE. 

12 None of the funds authorized to be appropriated by 

13 this Act or otherwise made available for any of fiscal years 

14 2017 or 2018 may be obligated or expended to retain the 

15 option for, or develop, a mobile variant of the ground16 based strategic deterrent missile. 

17 SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS FOR 

18 EXTENSION OF NEW START TREATY. 

19 (a) LIMITATION.—None of the funds authorized to 

20 be appropriated by this Act or otherwise made available 

21 for fiscal year 2017 or any other fiscal year for the De22 partment of Defense may be obligated or expended to ex23 tend the New START Treaty unless— 

24 (1) the Chairman of the Joint Chiefs of Staff 

25 submits the report under subsection (b); 


emcdonald on DSK3SPTVN1PROD with BILLS
855 

HR 4909 PCS

1 (2) the Director of National Intelligence sub2 mits the National Intelligence Estimate under sub3 section (c)(2); and 

4 (3) a period of 180 days elapses following the 

5 submission of both the report and the National In6 telligence Estimate. 

7 (b) REPORT.—The Chairman of the Joint Chiefs of 

8 Staff shall submit to the appropriate congressional com9 mittees a report detailing the following: 

10 (1) The impacts on the nuclear forces and force 

11 planning of the United States with respect to a 

12 State Party to the New START Treaty developing 

13 a capability to conduct a rapid reload of its ballistic 

14 missiles. 

15 (2) Whether any State Party to the New 

16 START Treaty has significantly increased its upload 

17 capability with non-deployed nuclear warheads and 

18 the degree to which such developments impact crisis 

19 stability and the nuclear forces, force planning, use 

20 concepts, and deterrent strategy of the United 

21 States. 

22 (3) The extent to which non-treaty-limited nu23 clear or strategic conventional systems pose a threat 

24 to the United States or the allies of the United 

25 States. 


emcdonald on DSK3SPTVN1PROD with BILLS
856 

HR 4909 PCS

1 (4) The extent to which violations of arms con2 trol treaty and agreement obligations pose a risk to 

3 the national security of the United States and the 

4 allies of the United States, including the perpetua5 tion of violations ongoing as of the date of the enact6 ment of this Act, as well as potential further viola7 tions. 

8 (5) The extent to which— 

9 (A) the ‘‘escalate-to-deescalate’’ nuclear 

10 use doctrine of the Russian Federation is de11 terred under the current nuclear force struc12 ture, weapons capabilities, and declaratory pol13 icy of the United States; and 

14 (B) deterring the implementation of such a 

15 doctrine has been integrated into the warplans 

16 of the United States. 

17 (6) The status of the nuclear weapons, nuclear 

18 weapons infrastructure, and nuclear command and 

19 control modernization activities of the United States, 

20 and the impact such status has on plans to— 

21 (A) implement the reduction of the nuclear 

22 weapons of the United States; or 

23 (B) further reduce the numbers and types 

24 of such weapons. 


emcdonald on DSK3SPTVN1PROD with BILLS
857 

HR 4909 PCS

1 (7) Whether, and if so, the reasons that, the 

2 New START Treaty, and the extension of the treaty 

3 as of the date of the report, is in the national secu4 rity interests of the United States. 

5 (c) NATIONAL INTELLIGENCE ESTIMATE.— 

6 (1) PRODUCTION.—The Director of National 

7 Intelligence shall produce a National Intelligence Es8 timate on the following: 

9 (A) The nuclear forces and doctrine of the 

10 Russian Federation. 

11 (B) The nuclear weapons research and 

12 production capability of Russia. 

13 (C) The compliance of Russia with respect 

14 to arms control obligations (including treaties, 

15 agreements, and other obligations). 

16 (D) The doctrine of Russia with respect to 

17 targeting adversary critical infrastructure and 

18 the relationship between such doctrine and 

19 other Russian war planning, including, at a 

20 minimum, ‘‘escalate-to-deescalate’’ concepts. 

21 (2) SUBMISSION.—The Director of National In22 telligence shall submit. consistent with the protection 

23 of sources and methods, to the appropriate congres24 sional committees the National Intelligence Estimate 

25 produced under paragraph (1). 


emcdonald on DSK3SPTVN1PROD with BILLS
858 

HR 4909 PCS

1 (d) DEFINITIONS.—In this section: 

2 (1) The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committees on Armed Services of 

5 the House of Representatives and the Senate; 

6 (B) the Committee on Foreign Affairs of 

7 the House of Representatives and the Com8 mittee on Foreign Relations of the Senate; and 

9 (C) the Permanent Select Committee on 

10 Intelligence of the House of Representatives 

11 and the Select Committee on Intelligence of the 

12 Senate. 

13 (2) The term ‘‘New START Treaty’’ means the 

14 Treaty between the United States of America and 

15 the Russian Federation on Measures for the Further 

16 Reduction and Limitation of Strategic Offensive 

17 Arms, signed on April 8, 2010, and entered into 

18 force on February 5, 2011. 

19 SEC. 1646. CONSOLIDATION OF NUCLEAR COMMAND, CON20 TROL, AND COMMUNICATIONS FUNCTIONS 

21 OF THE AIR FORCE. 

22 (a) ROLE OF MAJOR COMMAND.— 

23 (1) CONSOLIDATION.—Not later than March 

24 31, 2017, the Secretary of the Air Force shall con25 solidate under a major command commanded by a 


emcdonald on DSK3SPTVN1PROD with BILLS
859 

HR 4909 PCS

1 single general officer the responsibility, authority, 

2 accountability, and resources for carrying out the 

3 nuclear command, control, and communications 

4 functions of the Air Force, including, at a minimum, 

5 with respect to the following: 

6 (A) All terrestrial and aerial components of 

7 the nuclear command and control system that 

8 are survivable and endurable. 

9 (B) All terrestrial and aerial components 

10 of the integrated tactical warning and attack 

11 assessment system that are survivable and en12 durable. 

13 (2) OVERSIGHT AND BUDGET APPROVAL.—Not 

14 later than March 31, 2017, in addition to the re15 sponsibility, authority, accountability, and resources 

16 for carrying out the nuclear command, control, and 

17 communications functions of the Air Force provided 

18 to a commander of a major command under para19 graph (1), the Secretary shall provide to the com20 mander the responsibility, authority, accountability, 

21 and resources to— 

22 (A) conduct oversight over all components 

23 of the nuclear command and control system and 

24 the integrated tactical warning and attack asVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
860 

HR 4909 PCS

1 sessment system, regardless of the location or 

2 the endurability of such components; and 

3 (B) approve or disapprove of any budg4 etary actions related to all components of the 

5 nuclear command and control system and the 

6 integrated tactical warning and attack assess7 ment system, regardless of the location or the 

8 endurability of such components. 

9 (b) REPORT.—Not later than January 15, 2017, the 

10 Secretary shall submit to the congressional defense com11 mittees a report on the plans and actions taken by the 

12 Secretary to carry out subsection (a), including any guid13 ance, directives, and orders that have been or will be 

14 issued by the Secretary, the Chief of Staff of the Air 

15 Force, or other elements of the Air Force to carry out 

16 subsection (a). 

17 SEC. 1647. REPORT ON RUSSIAN AND CHINESE POLITICAL 

18 AND MILITARY LEADERSHIP SURVIVABILITY, 

19 COMMAND AND CONTROL, AND CONTINUITY 

20 OF GOVERNMENT PROGRAMS AND ACTIVI21 TIES. 

22 (a) REPORT.—Not later than January 15, 2017, the 

23 Director of National Intelligence shall submit to the ap24 propriate congressional committees, consistent with the 

25 protection of sources and methods, a report on the leaderVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
861 

HR 4909 PCS

1 ship survivability, command and control, and continuity 

2 of government programs and activities with respect to the 

3 People’s Republic of China and the Russian Federation, 

4 respectively. The report shall include the following: 

5 (1) The goals and objectives of such programs 

6 and activities of each respective country. 

7 (2) An assessment of how such programs and 

8 activities fit into the political and military doctrine 

9 and strategy of each respective country. 

10 (3) An assessment of the size and scope of such 

11 activities, including the location and description of 

12 above-ground and underground facilities important 

13 to the political and military leadership survivability, 

14 command and control, and continuity of government 

15 programs and activities of each respective country. 

16 (4) An identification of which facilities various 

17 senior political and military leaders of each respec18 tive country are expected to operate out of during 

19 crisis and wartime. 

20 (5) A technical assessment of the political and 

21 military means and methods for command and con22 trol in wartime of each respective country. 

23 (6) An identification of key officials and organi24 zations of each respective country involved in man25 aging and operating such facilities, programs and 


emcdonald on DSK3SPTVN1PROD with BILLS
862 

HR 4909 PCS

1 activities, including the command structure for each 

2 organization involved in such programs and activi3 ties. 

4 (7) An assessment of how senior leaders of each 

5 respective country measure the effectiveness of such 

6 programs and activities. 

7 (8) An estimate of the annual cost of such pro8 grams and activities. 

9 (9) An assessment of the degree of enhanced 

10 survivability such programs and activities can be ex11 pected to provide in various military scenarios rang12 ing from limited conventional conflict to strategic 

13 nuclear employment. 

14 (10) An assessment of the type and extent of 

15 foreign assistance, if any, in such programs and ac16 tivities. 

17 (11) An assessment of the status and the effec18 tiveness of the intelligence collection of the United 

19 States on such programs and capabilities, and any 

20 gaps in such collection. 

21 (12) Any other matters the Director determines 

22 appropriate. 

23 (b) COUNCIL ASSESSMENT.—Not later than 90 days 

24 after the date on which the Director submits the report 

25 under subsection (a), the Council on Oversight of the NaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
863 

HR 4909 PCS

1 tional Leadership Command, Control, and Communica2 tions System established by section 171a of title 10, 

3 United States Code, shall submit to the appropriate con4 gressional committees an assessment of how the command, 

5 control, and communications systems for the national 

6 leadership of the People’s Republic of China and the Rus7 sian Federation, respectively, compare to such system of 

8 the United States. 

9 (c) STRATCOM.—Together with the assessment 

10 submitted under subsection (b), the Commander of the 

11 United States Strategic Command shall submit to the ap12 propriate congressional committees the views of the Com13 mander on the report under subsection (a), including a 

14 detailed description for how the leadership survivability, 

15 command and control, and continuity of government pro16 grams and activities of the People’s Republic of China and 

17 the Russian Federation, respectively, are considered in the 

18 plans and options under the responsibility of the Com19 mander under the unified command plan. 

20 (d) FORMS.—Each report or assessment submitted 

21 under this section may be submitted in unclassified form, 

22 but may include a classified annex. 

23 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 


emcdonald on DSK3SPTVN1PROD with BILLS
864 

HR 4909 PCS

1 (1) the congressional defense committees; and 

2 (2) the Permanent Select Committee on Intel3 ligence of the House of Representatives and the Se4 lect Committee on Intelligence of the Senate. 

5 SEC. 1648. SENSE OF CONGRESS ON IMPORTANCE OF INDE6 PENDENT NUCLEAR DETERRENT OF UNITED 

7 KINGDOM. 

8 It is the sense of Congress that— 

9 (1) the United States believes that the inde10 pendent nuclear deterrent and decision-making of 

11 the United Kingdom provides a crucial contribution 

12 to international stability, the North Atlantic Treaty 

13 Organization alliance, and the national security of 

14 the United States; 

15 (2) nuclear deterrence is and will continue to be 

16 the highest priority mission of the Department of 

17 Defense and the United States benefits when the 

18 closest ally of the United States clearly and un19 equivocally sets similar priorities; 

20 (3) the United States sees the nuclear deterrent 

21 of the United Kingdom as central to trans-Atlantic 

22 security and to the commitment of the United King23 dom to NATO to spend two percent of gross domes24 tic product on defense; 


emcdonald on DSK3SPTVN1PROD with BILLS
865 

HR 4909 PCS

1 (4) the commitment of the United Kingdom to 

2 maintain a continuous at-sea deterrence posture 

3 today and in the future complements the deterrent 

4 capabilities of the United States and provides a 

5 credible ‘‘second center of decision making’’ which 

6 ensures potential attackers cannot discount the soli7 darity of the mutual relationship of the United 

8 States and the United Kingdom; 

9 (5) the United States Navy must execute the 

10 Ohio-class replacement submarine program on time 

11 and within budget, seeking efficiencies and cost sav12 ings wherever possible, to ensure that the program 

13 delivers a Common Missile Compartment, the Tri14 dent II (D5) Strategic Weapon System, and associ15 ated equipment and production capabilities, that 

16 support the successful development and deployment 

17 of the Vanguard-successor submarines of the United 

18 Kingdom; and 

19 (6) the close technical collaboration, especially 

20 expert mutual scientific peer review, provides valu21 able resilience and cost effectiveness to the respec22 tive deterrence programs of the United States and 

23 the United Kingdom. 


emcdonald on DSK3SPTVN1PROD with BILLS
866 

HR 4909 PCS

1 SEC. 1649. REQUESTS FOR FORCES TO MEET SECURITY RE2 QUIREMENTS FOR LAND-BASED NUCLEAR 

3 FORCES. 

4 (a) CERTIFICATION.—Not later than five days after 

5 the date of the enactment of this Act, the Chairman of 

6 the Joint Chiefs of Staff shall certify to the congressional 

7 defense committees that the Chairman has approved any 

8 requests for forces, as of the date of the enactment of this 

9 Act, of a commander of a combatant command to meet 

10 the security requirements of land-based nuclear forces. 

11 (b) LIMITATION.—Of the funds authorized to be ap12 propriated by this Act or otherwise made available for fis13 cal year 2017 for the travel and representational expenses 

14 of the Under Secretary of Defense for Acquisition, Tech15 nology, and Logistics, not more than 75 percent may be 

16 obligated or expended until the date on which the Under 

17 Secretary certifies to the congressional defense committees 

18 that there is a competitive acquisition process in place to 

19 ensure that a UH–1N replacement aircraft is under con20 tract in fiscal year 2018. 

21 SEC. 1649A. MATTERS RELATED TO INTERCONTINENTAL 

22 BALLISTIC MISSILES. 

23 (a) POLICY.—It is the policy of the United States to 

24 maintain and modernize a responsive and alert interconti25 nental ballistic missile force to ensure robust nuclear de26 terrence by preventing any adversary from believing it can 


emcdonald on DSK3SPTVN1PROD with BILLS
867 

HR 4909 PCS

1 carry out a small, surprise, first-strike attack on the 

2 United States that disarms the strategic forces of the 

3 United States. 

4 (b) PROHIBITION.— 

5 (1) IN GENERAL.—Except as provided by para6 graph (2), none of the funds authorized to be appro7 priated by this Act or otherwise made available for 

8 fiscal year 2017 shall be obligated or expended for— 

9 (A) reducing, or preparing to reduce, the 

10 responsiveness or alert level of the interconti11 nental ballistic missiles of the United States; or 

12 (B) reducing, or preparing to reduce, the 

13 quantity of deployed intercontinental ballistic 

14 missiles of the United States to a number less 

15 than 400. 

16 (2) EXCEPTION.—The prohibition in paragraph 

17 (1) shall not apply to any of the following activities: 

18 (A) The maintenance or sustainment of 

19 intercontinental ballistic missiles. 

20 (B) Ensuring the safety, security, or reli21 ability of intercontinental ballistic missiles. 

22 (C) Reduction in the number of deployed 

23 intercontinental ballistic missiles that are car24 ried out in compliance with— 


emcdonald on DSK3SPTVN1PROD with BILLS
868 

HR 4909 PCS

1 (i) the limitations of the New START 

2 Treaty (as defined in section 494(a)(2)(D) 

3 of title 10, United States Code); and 

4 (ii) section 1644 of the Carl Levin an 

5 Howard P. ‘‘Buck’’ McKeon National De6 fense Authorization Act for Fiscal Year 

7 2015 (Public Law 113–291; 128 Stat. 

8 3651; 10 U.S.C. 494 note). 

9 (c) REPORT.— 

10 (1) IN GENERAL.—Not later than 60 days after 

11 the date of the enactment of this Act, the Secretary 

12 of the Air Force and the Chairman of the Nuclear 

13 Weapons Council shall submit to the congressional 

14 defense committees a report regarding efforts to 

15 carry out section 1057 of the National Defense Au16 thorization Act for Fiscal Year 2014 (Public Law 

17 113–66; 10 U.S.C. 495 note). 

18 (2) ELEMENTS.—The report under paragraph 

19 (1) shall include the following with respect to the pe20 riod of the expected lifespan of the Minuteman III 

21 system: 

22 (A) The number of nuclear warheads re23 quired to support the capability to redeploy 

24 multiple independently retargetable reentry veVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
869 

HR 4909 PCS

1 hicles across the full intercontinental ballistic 

2 missile fleet. 

3 (B) The current and planned (until 2030) 

4 readiness state of nuclear warheads intended to 

5 support the capability to redeploy multiple inde6 pendently retargetable reentry vehicles across 

7 the full intercontinental ballistic missile fleet, 

8 including which portion of the active or inactive 

9 stockpile such warheads are classified within. 

10 (C) The current and planned (until 2030) 

11 reserve of components or subsystems required 

12 to redeploy multiple independently retargetable 

13 reentry vehicles across the full intercontinental 

14 ballistic missile fleet, including the plans or in15 dustrial capability and capacity to produce more 

16 such components or subsystems, if needed. 

17 (D) The current and planned (until 2030) 

18 time required to commence redeployment of 

19 multiple independently retargetable reentry ve20 hicles across the intercontinental ballistic mis21 sile fleet, including the time required to finish 

22 deployment across the full fleet. 


emcdonald on DSK3SPTVN1PROD with BILLS
870 

HR 4909 PCS

1 Subtitle E—Missile Defense 

2 Programs 

3 SEC. 1651. EXTENSIONS OF PROHIBITIONS RELATING TO 

4 MISSILE DEFENSE INFORMATION AND SYS5 TEMS. 

6 (a) PROHIBITION ON INTEGRATION OF CERTAIN MIS7 SILE DEFENSE SYSTEMS.— 

8 (1) IN GENERAL.—Section 130h of title 10, 

9 United States Code, is amended— 

10 (A) by redesignating subsection (d) as sub11 section (e); 

12 (B) by inserting after subsection (c) the 

13 following new subsection (d): 

14 ‘‘(d) INTEGRATION.—None of the funds authorized to 

15 be appropriated or otherwise made available for any fiscal 

16 year for the Department of Defense may be obligated or 

17 expended to integrate a missile defense system of the Rus18 sian Federation or a missile defense system of the People’s 

19 Republic of China into any missile defense system of the 

20 United States.’’; and 

21 (C) by striking the section heading and in22 serting the following: ‘‘Prohibitions relat23 ing to missile defense information 

24 and systems’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
871 

HR 4909 PCS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 3 of title 10, 

3 United States Code, is amended by striking the item 

4 relating to section 130h and inserting the following 

5 new item: 

‘‘130h. Prohibitions relating to missile defense information and systems.’’. 

6 (3) CONFORMING REPEALS.—Sections 1672 

7 and 1673 of the National Defense Authorization Act 

8 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

9 1130) are repealed. 

10 (b) EXTENSION OF SUNSET.—Section 130h(e) of 

11 title 10, United States Code, as redesignated by subsection 

12 (a)(1), is amended to read as follows: 

13 ‘‘(e) SUNSET.—The prohibitions in subsections (a), 

14 (b), and (d) shall expire on January 1, 2027.’’. 

15 SEC. 1652. REVIEW OF THE MISSILE DEFEAT POLICY AND 

16 STRATEGY OF THE UNITED STATES. 

17 (a) NEW REVIEW.—The Secretary of Defense and 

18 the Chairman of the Joint Chiefs of Staff shall jointly con19 duct a new review of the missile defeat capability, policy, 

20 and strategy of the United States, with respect to— 

21 (1) left- and right-of-launch ballistic missile de22 fense for— 

23 (A) both regional and homeland purposes; 

24 and 


emcdonald on DSK3SPTVN1PROD with BILLS
872 

HR 4909 PCS

1 (B) the full range of active, passive, ki2 netic, and nonkinetic defense measures across 

3 the full spectrum of land-, air-, sea-, and space4 based platforms; 

5 (2) the integration of offensive and defensive 

6 forces for the defeat of ballistic missiles, including 

7 against weapons initially deployed on ballistic mis8 siles, such as hypersonic glide vehicles; and 

9 (3) cruise missile defense of the homeland. 

10 (b) ELEMENTS.—The review under subsection (a) 

11 shall address the following: 

12 (1) The missile defeat policy, strategy, and ob13 jectives of the United States in relation to the na14 tional security strategy of the United States and the 

15 military strategy of the United States. 

16 (2) The role of deterrence in the missile defeat 

17 policy and strategy of the United States. 

18 (3) The missile defeat posture, capability, and 

19 force structure of the United States. 

20 (4) With respect to both the five- and ten-year 

21 periods beginning on the date of the review, the 

22 planned and desired end-state of the missile defeat 

23 programs of the United States, including regarding 

24 the integration and interoperability of such pro25 grams with the joint forces and the integration and 


emcdonald on DSK3SPTVN1PROD with BILLS
873 

HR 4909 PCS

1 interoperability of such programs with allies, and 

2 specific benchmarks, milestones, and key steps re3 quired to reach such end-states. 

4 (5) The organization, discharge, and oversight 

5 of acquisition for the missile defeat programs of the 

6 United States. 

7 (6) The roles and responsibilities of the Office 

8 of the Secretary of Defense, Defense Agencies, com9 batant commands, the Joint Chiefs of Staff, and the 

10 military departments in such programs and the 

11 process for ensuring accountability of each stake12 holder. 

13 (7) The process for determining requirements 

14 for missile defeat capabilities under such programs, 

15 including input from the joint military requirements 

16 process. 

17 (8) The process for determining the force struc18 ture and inventory objectives for such programs. 

19 (9) Standards for the military utility, oper20 ational effectiveness, suitability, and survivability of 

21 the missile defeat systems of the United States. 

22 (10) The method in which resources for the 

23 missile defeat mission are planned, programmed, 

24 and budgeted within the Department of Defense. 


emcdonald on DSK3SPTVN1PROD with BILLS
874 

HR 4909 PCS

1 (11) The near-term and long-term costs and 

2 cost effectiveness of such programs. 

3 (12) The options for affecting the offense-de4 fense cost curve. 

5 (13) Accountability, transparency, and over6 sight with respect to such programs. 

7 (14) The role of international cooperation on 

8 missile defeat in the missile defeat policy and strat9 egy of the United States and the plans, policies, and 

10 requirements for integration and interoperability of 

11 missile defeat capability with allies. 

12 (15) Options for enhancing and making routine 

13 the codevelopment of missile defeat capabilities with 

14 allies of the United States in the near-term and far15 term. 

16 (16) Declaratory policy governing the employ17 ment of missile defeat capabilities and the military 

18 options and plans and employment options of such 

19 capabilities. 

20 (17) The role of multi-mission defense and 

21 other assets of the United States, including space 

22 and terrestrial sensors and plans to achieve multi23 mission capability in current, planned, and other fu24 ture assets and acquisition programs. 


emcdonald on DSK3SPTVN1PROD with BILLS
875 

HR 4909 PCS

1 (18) The indications and warning required to 

2 meet the missile defeat strategy and objectives of the 

3 United States described in paragraph (1) and the 

4 key enablers and programs to achieve such indica5 tions and warning. 

6 (19) The impact of the mobility, counter7 measures, and denial and deception capabilities of 

8 adversaries on the indications and warning described 

9 in paragraph (16) and the consequences of such im10 pact for the missile defeat capability, objectives, and 

11 military options of the United States and the plans 

12 of the combatant commanders. 

13 (20) Any other matters the Secretary deter14 mines relevant. 

15 (c) REPORTS.— 

16 (1) RESULTS.—Not later than January 31, 

17 2018, the Secretary shall submit to the congres18 sional defense committees a report setting forth the 

19 results of the review under subsection (a). 

20 (2) FORM.—The report required by paragraph 

21 (1) shall be submitted in unclassified form, but may 

22 include a classified annex. 

23 (3) ANNUAL IMPLEMENTATION UPDATES.— 

24 During the five-year period beginning on the date of 

25 the submission of the report under paragraph (1), 


emcdonald on DSK3SPTVN1PROD with BILLS
876 

HR 4909 PCS

1 the Director of Cost Assessment and Program Eval2 uation shall submit to the Secretary of Defense, the 

3 Chairman of the Joint Chiefs of Staff, and the con4 gressional defense committees annual status updates 

5 detailing the progress of the Secretary in imple6 menting the missile defeat strategy of the United 

7 States. 

8 (4) THREAT REPORT.—Not later than 180 days 

9 after the date of the enactment of this Act, the Di10 rector of National Intelligence shall submit to the 

11 congressional defense committees, the Permanent 

12 Select Committee on Intelligence of the House of 

13 Representatives, and the Select Committee on Intel14 ligence of the Senate a report containing an unclas15 sified summary, consistent with the protection of in16 telligence sources and methods, of— 

17 (A) as of the date of the report, the bal18 listic and cruise missile threat to the United 

19 States, deployed forces of the United States, 

20 and friends and allies of the United States from 

21 short-, medium-, intermediate-, and long-range 

22 nuclear and non-nuclear ballistic and cruise 

23 missile threats; and 

24 (B) an assessment of such threat in 2026. 

25 (d) NOTIFICATION.— 


emcdonald on DSK3SPTVN1PROD with BILLS
877 

HR 4909 PCS

1 (1) IN GENERAL.—None of the funds author2 ized to be appropriated by this Act or otherwise 

3 made available for fiscal year 2017 or any fiscal year 

4 thereafter for the Secretary of Defense may be obli5 gated or expended to change the non-standard acqui6 sition processes and responsibilities described in 

7 paragraph (2) until— 

8 (A) the Secretary notifies the congressional 

9 defense committees of such proposed change; 

10 and 

11 (B) a period of 180 days has elapsed fol12 lowing the date of such notification. 

13 (2) NON-STANDARD ACQUISITION PROCESSES

14 AND RESPONSIBILITIES DESCRIBED.—The non15 standard acquisition processes and responsibilities 

16 described in this paragraph are such processes and 

17 responsibilities described in— 

18 (A) the memorandum of the Secretary of 

19 Defense titled ‘‘Missile Defense Program Direc20 tion’’ signed on January 2, 2002; and 

21 (B) Department of Defense Directive 

22 5134.09, as in effect on the date of the enact23 ment of this Act. 

24 (e) DESIGNATION REQUIRED.— 


emcdonald on DSK3SPTVN1PROD with BILLS
878 

HR 4909 PCS

1 (1) AUTHORITY.—Not later than March 31, 

2 2018, the Secretary of Defense shall designate a 

3 military department or Defense Agency with acquisi4 tion authority with respect to— 

5 (A) the capability to defend the homeland 

6 from cruise missiles; and 

7 (B) left-of-launch ballistic missile defeat 

8 capability. 

9 (2) VALIDATION.—In making such designation 

10 under paragraph (1), the Secretary shall include a 

11 description of the manner in which the military re12 quirements for such capabilities will be validated. 

13 SEC. 1653. IRON DOME SHORT-RANGE ROCKET DEFENSE 

14 SYSTEM AND ISRAELI COOPERATIVE MISSILE 

15 DEFENSE PROGRAM CODEVELOPMENT AND 

16 COPRODUCTION. 

17 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE

18 SYSTEM.— 

19 (1) AVAILABILITY OF FUNDS.—Of the funds 

20 authorized to be appropriated by section 101 for 

21 procurement, Defense-wide, and available for the 

22 Missile Defense Agency, not more than $62,000,000 

23 may be provided to the Government of Israel to pro24 cure Tamir interceptors for the Iron Dome short25 range rocket defense system, as specified in the 


emcdonald on DSK3SPTVN1PROD with BILLS
879 

HR 4909 PCS

1 funding table in division D, through coproduction of 

2 such interceptors in the United States by industry of 

3 the United States. 

4 (2) CONDITIONS.— 

5 (A) AGREEMENT.—Funds described in 

6 paragraph (1) for the Iron Dome short-range 

7 rocket defense program shall be available sub8 ject to the terms and conditions in the Agree9 ment Between the Department of Defense of 

10 the United States of America and the Ministry 

11 of Defense of the State of Israel Concerning 

12 Iron Dome Defense System Procurement, 

13 signed on March 5, 2014, subject to an amend14 ed bilateral international agreement for co15 production for Tamir interceptors. In negotia16 tions by the Missile Defense Agency and the 

17 Missile Defense Organization of the Govern18 ment of Israel regarding such production, the 

19 goal of the United States is to maximize oppor20 tunities for coproduction of the Tamir intercep21 tors described in paragraph (1) in the United 

22 States by industry of the United States. 

23 (B) CERTIFICATION.—Not later than 30 

24 days prior to the initial obligation of funds de25 scribed in paragraph (1), the Director of the 


emcdonald on DSK3SPTVN1PROD with BILLS
880 

HR 4909 PCS

1 Missile Defense Agency and the Under Sec2 retary of Defense for Acquisition, Technology, 

3 and Logistics shall jointly submit to the appro4 priate congressional committees— 

5 (i) a certification that the bilateral 

6 international agreement specified in sub7 paragraph (A) is being implemented as 

8 provided in such bilateral international 

9 agreement; and 

10 (ii) an assessment detailing any risks 

11 relating to the implementation of such bi12 lateral international agreement. 

13 (b) COOPERATIVE MISSILE DEFENSE PROGRAM CO14 DEVELOPMENT AND COPRODUCTION.— 

15 (1) IN GENERAL.—Subject to paragraph (2), of 

16 the funds authorized to be appropriated for fiscal 

17 year 2017 for procurement, Defense-wide, and avail18 able for the Missile Defense Agency— 

19 (A) not more than $150,000,000 may be 

20 provided to the Government of Israel to procure 

21 the David’s Sling Weapon System, including for 

22 coproduction of parts and components in the 

23 United States by United States industry; and 

24 (B) not more than $120,000,000 may be 

25 provided to the Government of Israel for the 


emcdonald on DSK3SPTVN1PROD with BILLS
881 

HR 4909 PCS

1 Arrow 3 Upper Tier Interceptor Program, in2 cluding for coproduction of parts and compo3 nents in the United States by United States in4 dustry. 

5 (2) CERTIFICATION.— 

6 (A) CRITERIA.—Except as provided by 

7 paragraph (3), the Under Secretary of Defense 

8 for Acquisition, Technology, and Logistics shall 

9 submit to the appropriate congressional com10 mittees a certification that— 

11 (i) the Government of Israel has dem12 onstrated the successful completion of the 

13 knowledge points, technical milestones, and 

14 production readiness reviews required by 

15 the research, development, and technology 

16 agreements for the David’s Sling Weapon 

17 System and the Arrow 3 Upper Tier De18 velopment Program, respectively; 

19 (ii) funds specified in subparagraphs 

20 (A) and (B) of paragraph (1) will be pro21 vided on the basis of a one-for-one cash 

22 match made by Israel for such respective 

23 systems or in another matching amount 

24 that otherwise meets best efforts (as mutuVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
882 

HR 4909 PCS

1 ally agreed to by the United States and 

2 Israel); 

3 (iii) the United States has entered 

4 into a bilateral international agreement 

5 with Israel that establishes, with respect to 

6 the use of such funds— 

7 (I) in accordance with clause (iv), 

8 the terms of coproduction of parts 

9 and components of such respective 

10 systems on the basis of the greatest 

11 practicable coproduction of parts, 

12 components, and all-up rounds (if ap13 propriate) by United States industry 

14 and minimizes nonrecurring engineer15 ing and facilitization expenses to the 

16 costs needed for coproduction; 

17 (II) complete transparency on the 

18 requirement of Israel for the number 

19 of interceptors and batteries of such 

20 respective systems that will be pro21 cured, including with respect to the 

22 procurement plans, acquisition strat23 egy, and funding profiles of Israel; 

24 (III) technical milestones for co25 production of parts and components 


emcdonald on DSK3SPTVN1PROD with BILLS
883 

HR 4909 PCS

1 and procurement of such respective 

2 systems; and 

3 (IV) joint approval processes for 

4 third-party sales of such respective 

5 systems and the components of such 

6 respective systems; 

7 (iv) the level of coproduction described 

8 in clause (iii)(I) for the Arrow 3 and Da9 vid’s Sling Weapon System is not less than 

10 50 percent; and 

11 (v) such funds may not be obligated 

12 or expended to cover costs related to any 

13 delays, including delays with respect to ex14 changing technical data or specifications. 

15 (B) NUMBER.—In carrying out subpara16 graph (A), the Under Secretary may submit— 

17 (i) one certification covering both the 

18 David’s Sling Weapon System and the 

19 Arrow 3 Upper Tier Interceptor Program; 

20 or 

21 (ii) separate certifications for each 

22 such respective system. 

23 (C) TIMING.—The Under Secretary shall 

24 submit to the congressional defense committees 

25 the certification under subparagraph (A) by not 


emcdonald on DSK3SPTVN1PROD with BILLS
884 

HR 4909 PCS

1 later than 60 days before the funds specified in 

2 paragraph (1) for the respective system covered 

3 by the certification are provided to the Govern4 ment of Israel. 

5 (3) WAIVER.—The Under Secretary may waive 

6 the certification required by paragraph (2) if the 

7 Under Secretary certifies to the appropriate congres8 sional committees that the Under Secretary has re9 ceived sufficient data from the Government of Israel 

10 to demonstrate— 

11 (A) the funds specified in subparagraphs 

12 (A) and (B) of paragraph (1) are provided to 

13 Israel solely for funding the procurement of 

14 long-lead components in accordance with a pro15 duction plan, including a funding profile detail16 ing Israeli contributions for production, includ17 ing long-lead production, of either David’s Sling 

18 Weapon System or the Arrow 3 Upper Tier In19 terceptor Program; 

20 (B) such long-lead components have suc21 cessfully completed knowledge points, technical 

22 milestones, and production readiness reviews; 

23 and 

24 (C) the long-lead procurement will be con25 ducted in a manner that maximizes coproducVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
885 

HR 4909 PCS

1 tion in the United States without incurring ad2 ditional nonrecurring engineering activity or 

3 cost. 

4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means the following: 

7 (1) The congressional defense committees. 

8 (2) The Committee on Foreign Affairs of the 

9 House of Representatives and the Committee on 

10 Foreign Relations of the Senate. 

11 SEC. 1654. MAXIMIZING AEGIS ASHORE CAPABILITY. 

12 (a) ANTI-AIR WARFARE CAPABILITY OF AEGIS

13 ASHORE SITES.— 

14 (1) EVALUATION.—The Secretary of Defense 

15 shall conduct a complete evaluation of the optimal 

16 anti-air warfare capability— 

17 (A) for each current Aegis Ashore site by 

18 not later than 180 days after the date of the 

19 enactment of this Act; and 

20 (B) as part of any future deployment by 

21 the United States of an Aegis Ashore site after 

22 the date of such enactment. 

23 (2) ASSESSMENTS INCLUDED.—Each evaluation 

24 under paragraph (1) shall include an assessment of 

25 the potential deployment of enhanced sea sparrow 


emcdonald on DSK3SPTVN1PROD with BILLS
886 

HR 4909 PCS

1 missiles, standard missile block 2 missiles, standard 

2 missile block 6 missiles, or the SeaRAM missile sys3 tem. 

4 (3) CONSISTENCY WITH ANNEX.—The Sec5 retary shall carry out this subsection consistent with 

6 any classified annex accompanying this Act. 

7 (b) AEGIS ASHORE CAPABILITY EVALUATION.—Not 

8 later than 120 days after the date of the enactment of 

9 this Act, the Secretary of Defense and the Chairman of 

10 the Joint Chiefs of Staff shall jointly submit to the con11 gressional defense committees an evaluation of each of the 

12 following: 

13 (1) The ballistic missile and air threat against 

14 the continental United States and the efficacy (in15 cluding with respect to cost, ideal and optimal de16 ployment locations, and potential deployment sched17 ule) of deploying one or more Aegis Ashore sites and 

18 Aegis Ashore components for the ballistic and cruise 

19 missile defense of the continental United States. 

20 (2) The ballistic missile and air threat against 

21 the Armed Forces on Guam and the efficacy (includ22 ing with respect to cost and schedule) of deploying 

23 an Aegis Ashore site on Guam. 

24 (c) AEGIS ASHORE SITE ON THE PACIFIC MISSILE

25 RANGE FACILITY.— 


emcdonald on DSK3SPTVN1PROD with BILLS
887 

HR 4909 PCS

1 (1) LIMITATION.—The Secretary of Defense 

2 may not reduce the manning levels or test capability, 

3 as such levels and capability existed on January 1, 

4 2015, of the Aegis Ashore site at the Pacific Missile 

5 Range Facility in Hawaii, including by putting such 

6 site into a ‘‘cold’’ or ‘‘stand by’’ status. 

7 (2) ENVIRONMENTAL IMPACT STATEMENT.— 

8 (A) Not later than 60 days after the date 

9 on which the Director of the Missile Defense 

10 Agency submits to the congressional defense 

11 committees the report under section 1689(b)(2) 

12 of the National Defense Authorization Act for 

13 Fiscal Year 2016 (Public Law 114–92; 129 

14 Stat. 1144), the Director shall notify such com15 mittees on whether the preferred alternative for 

16 fielding a medium range ballistic missile defense 

17 sensor for the defense of Hawaii identified by 

18 such report would require an update to the en19 vironmental impact statement required for con20 structing the Aegis Ashore site at the Pacific 

21 Missile Range Facility. 

22 (B) If the Director determines that an up23 dated environmental impact statement, a new 

24 environmental impact statement, or another ac25 tion is required or recommended pursuant to 


emcdonald on DSK3SPTVN1PROD with BILLS
888 

HR 4909 PCS

1 the National Environmental Policy Act of 1969 

2 (42 U.S.C. et seq.), the Director shall com3 mence such action by not later than 60 days 

4 after the date on which the Director makes the 

5 notification under subparagraph (A). 

6 (3) EVALUATION.—Not later than 60 days after 

7 the date of the enactment of this Act, the Secretary 

8 of Defense and the Chairman of the Joint Chiefs of 

9 Staff shall jointly submit to the congressional de10 fense committees an evaluation of the ballistic mis11 sile and air threat against Hawaii (including with re12 spect to threats to the Armed Forces and installa13 tions located in Hawaii) and the efficacy (including 

14 with respect to cost and potential alternatives) of— 

15 (A) making the Aegis Ashore site at the 

16 Pacific Missile Range Facility operational; 

17 (B) deploying the preferred alternative for 

18 fielding a medium range ballistic missile defense 

19 sensor for the defense of Hawaii described in 

20 paragraph (2)(A); and 

21 (C) any other alternative the Secretary and 

22 the Chairman determine appropriate. 

23 (d) FORMS.—The evaluations submitted under sub24 sections (b) and (c)(3) shall each be submitted in unclassi25 fied form, but may each include a classified annex. 


emcdonald on DSK3SPTVN1PROD with BILLS
889 

HR 4909 PCS

1 SEC. 1655. TECHNICAL AUTHORITY FOR INTEGRATED AIR 

2 AND MISSILE DEFENSE ACTIVITIES AND PRO3 GRAMS. 

4 (a) AUTHORITY.— 

5 (1) IN GENERAL.—The Director of the Missile 

6 Defense Agency is the technical authority of the De7 partment of Defense for integrated air and missile 

8 defense activities and programs, including joint engi9 neering and integration efforts for such activities 

10 and programs, including with respect to defining and 

11 controlling the interfaces of such activities and pro12 grams and the allocation of technical requirements 

13 for such activities and programs. 

14 (2) DETAILEES.— 

15 (A) In carrying out the technical authority 

16 under paragraph (1), the Director may seek to 

17 have staff detailed to the Missile Defense Agen18 cy from the Joint Functional Component Com19 mand for Integrated Missile Defense and the 

20 Joint Integrated Air and Missile Defense Orga21 nization in a number the Director determines 

22 necessary in accordance with subparagraph (B). 

23 (B) In detailing staff under subparagraph 

24 (A) to carry out the technical authority under 

25 paragraph (1), the total number of staff, in26 cluding detailees, of the Missile Defense Agency 


emcdonald on DSK3SPTVN1PROD with BILLS
890 

HR 4909 PCS

1 who carry out such authority may not exceed 

2 the number that is twice the number of such 

3 staff carrying out such authority as of January 

4 1, 2016. 

5 (b) ASSESSMENTS AND PLANS.— 

6 (1) BIENNIAL SUBMISSION.—Not later than 

7 January 31, 2017, and biennially thereafter through 

8 2021, the Director shall submit to the congressional 

9 defense committees an assessment of the state of in10 tegration and interoperability of the integrated air 

11 and missile defense capabilities of the Department of 

12 Defense. 

13 (2) ELEMENTS.—Each assessment under para14 graph (1) shall include the following: 

15 (A) Identification of any gaps in the inte16 gration and interoperability of the integrated 

17 air and missile defense capabilities of the De18 partment. 

19 (B) A description of the options to improve 

20 such capabilities and remediate such gaps. 

21 (C) A plan to carry out such improvements 

22 and remediations, including milestones and 

23 costs for such plan. 

24 (3) FORM.—Each assessment under paragraph 

25 (1) shall be submitted in classified form unless the 


emcdonald on DSK3SPTVN1PROD with BILLS
891 

HR 4909 PCS

1 Director determines that submitting such assess2 ment in unclassified form is useful and expedient. 

3 SEC. 1656. DEVELOPMENT AND RESEARCH OF NON-TER4 RESTRIAL MISSILE DEFENSE LAYER. 

5 (a) DEVELOPMENT.— 

6 (1) IN GENERAL.—Not later than 30 days after 

7 the date of the enactment of this Act, the Director 

8 of the Missile Defense Agency, with the support of 

9 federally funded research and development centers 

10 with subject matter expertise, shall commence the 

11 planning for concept definition, design, research, de12 velopment, engineering evaluation, and test of a 

13 space-based ballistic missile intercept and defeat 

14 layer to the ballistic missile defense system that— 

15 (A) shall provide defense options to bal16 listic missiles and re-entry vehicles, independent 

17 of adversary country size and threat trajectory; 

18 and 

19 (B) may provide a boost-phase missile de20 fense capability, as well as additional defensive 

21 options against direct ascent anti-satellite weap22 ons, hypersonic boost glide vehicles, and maneu23 vering re-entry vehicles. 


emcdonald on DSK3SPTVN1PROD with BILLS
892 

HR 4909 PCS

1 (2) ACTIVITIES.—The planning activities au2 thorized under paragraph (1) shall include, at a 

3 minimum, the following: 

4 (A) The initiation of formal steps for po5 tential integration into the ballistic missile de6 fense system architecture. 

7 (B) Mature planning for early proof of 

8 concept component demonstrations. 

9 (C) Draft operation concepts in the context 

10 of a multi-layer architecture. 

11 (D) Identification of proof of concept ven12 dor sources for demo components and sub13 assemblies. 

14 (E) The development of multi-year tech15 nology and risk reduction investment plan. 

16 (F) The commencement of the develop17 ment of a proof of concept master program 

18 phasing schedule. 

19 (G) Identification of proof of concept long 

20 lead items. 

21 (H) Initiation of requests for proposals 

22 from industry with significant commercial, civil, 

23 and national security space experience, includ24 ing for space launch services. 


emcdonald on DSK3SPTVN1PROD with BILLS
893 

HR 4909 PCS

1 (I) Mature options for an aggressive but 

2 low-risk acquisition strategy. 

3 (b) SPACE TEST BED.—Not later than 60 days after 

4 the date of the enactment of this Act, the Director shall 

5 commence planning for research, development, test, and 

6 evaluation activities with respect to a space test bed for 

7 a missile interceptor capability. 

8 (c) BUDGET SUBMISSIONS.—The Director shall sub9 mit with the budget of the President submitted to Con10 gress under section 1105(a) of title 31, United States 

11 Code, for fiscal year 2018 a detailed budget and develop12 ment plan, irrespective of planned budgetary total obliga13 tion authority, for the activities described in subsections 

14 (a) and (b), assuming initial demonstration, on-orbit, of 

15 such the capabilities described in such subsections by 

16 2025. 

17 SEC. 1657. HYPERSONIC BOOST GLIDE VEHICLE DEFENSE. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, the Di21 rector of the Missile Defense Agency shall establish 

22 a program of record in the ballistic missile defense 

23 system to develop and field a defensive system to de24 feat hypersonic boost-glide and maneuvering ballistic 

25 missiles. Such defense system may be a new system, 


emcdonald on DSK3SPTVN1PROD with BILLS
894 

HR 4909 PCS

1 a modification of an existing system, or developed by 

2 integrating existing systems. 

3 (2) CODEVELOPMENT.—In developing the pro4 gram of record for the defensive system under para5 graph (1), the Director shall consider opportunities 

6 for codevelopment, including through financial sup7 port, with allies and partners of the United States. 

8 (b) LIMITATION.—Of the funds authorized to be ap9 propriated by this Act or otherwise made available for fis10 cal year 2017 for the headquarters operations of the 

11 Under Secretary of Defense for Policy and the head12 quarters operations of the Under Secretary of Defense for 

13 Acquisition, Technology, and Logistics, $25,000,000 may 

14 not be obligated or expended for each such headquarters 

15 operations until— 

16 (1) the Director certifies to the congressional 

17 defense committees that the Director has established 

18 the program of record under paragraph (1) of sub19 section (a), including a discussion of— 

20 (A) the options for codevelopment consid21 ered by the Director under paragraph (2) of 

22 such subsection; 

23 (B) such options the Director has assessed; 

24 and 


emcdonald on DSK3SPTVN1PROD with BILLS
895 

HR 4909 PCS

1 (C) such options the Director recommends 

2 be pursued in the program of record; and 

3 (2) the Chairman of the Joint Chiefs of Staff 

4 submits to the congressional defense committees a 

5 report on the military capability or capabilities and 

6 capability gaps relating to the threat posed by 

7 hypersonic boost-glide and maneuvering ballistic 

8 missiles to the United States, the forces of the 

9 United States, and the allies of the United States; 

10 and 

11 (3) a period of 30 days has elapsed following 

12 the date on which the congressional defense commit13 tees has received both the certification and the re14 port. 

15 (c) REPORT ON MTCR.—Not later than 120 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense, with the concurrence of the Secretary of State, 

18 shall submit to the congressional defense committees and 

19 the Committee on Foreign Relations of the Senate and 

20 the Committee on Foreign Affairs of the House of Rep21 resentatives a report on the implications for the Missile 

22 Technology Control Regime regarding the development of 

23 a defensive system, including with respect to partnering 

24 with allies and partners of the United States, to counter 

25 hypersonic boost-glide and maneuvering ballistic missiles. 


emcdonald on DSK3SPTVN1PROD with BILLS
896 

HR 4909 PCS

1 (d) PLAN.—Not later than 30 days after the date on 

2 which the budget of the President for fiscal year 2018 is 

3 submitted to Congress under section 1105 of title 31, 

4 Unites States Code, the Director shall submit to the con5 gressional defense committees a plan to field the defensive 

6 system under paragraph (1) of subsection (a) by 2021, 

7 including— 

8 (1) a schedule of required ground, flight, and 

9 intercept tests; and 

10 (2) the estimated budget for such plan, includ11 ing a budget with codevelopment described in para12 graph (2) of such subsection and a budget without 

13 such codevelopment, required for each year begin14 ning with fiscal year 2018. 

15 SEC. 1658. LIMITATION ON AVAILABILITY OF FUNDS FOR 

16 PATRIOT LOWER TIER AIR AND MISSILE DE17 FENSE CAPABILITY OF THE ARMY. 

18 Of the funds authorized to be appropriated by this 

19 Act or otherwise made available for fiscal year 2017 for 

20 the Patriot lower tier air and missile defense capability 

21 of the Army, not more than 50 percent may be obligated 

22 or expended until each of the following occurs: 

23 (1) The Director of the Missile Defense Agency 

24 certifies to the congressional defense committees 

25 that such capability, upon the completion of the 


emcdonald on DSK3SPTVN1PROD with BILLS
897 

HR 4909 PCS

1 modernization process addressed by the analysis of 

2 alternatives regarding such capability, will be fully 

3 interoperable with the ballistic missile defense sys4 tem and other air and missile defense capabilities 

5 deployed and planned to be deployed by the United 

6 States. 

7 (2) The Chairman of the Joint Chiefs of Staff 

8 certifies to the congressional defense committees 

9 that such capability, upon the completion of the 

10 modernization process addressed by the analysis of 

11 alternatives regarding such capability, will meet— 

12 (A) the desired attributes for modularity 

13 sought by the geographic combatant commands; 

14 and 

15 (B) the validated and objective warfighter 

16 requirements for air and missile defense capa17 bility. 

18 (3) The Chief of Staff of the Army, in coordina19 tion with the Secretary of the Army, submits to the 

20 congressional defense committees— 

21 (A) a determination as to whether the re22 quirements of the lower tier air and missile de23 fense program are appropriate for acquisition 

24 through the Army Rapid Capabilities Office, 

25 and if the determination is that such requireVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
898 

HR 4909 PCS

1 ments are not so appropriate, an evaluation of 

2 why; 

3 (B) the terms of the competition planned 

4 for the lower tier air and missile defense pro5 gram to ensure fair competition for all competi6 tors; and 

7 (C) either— 

8 (i) certification that— 

9 (I) the requirements of the lower 

10 tier air and missile defense program 

11 can only be met through a multi-year 

12 development and acquisition program, 

13 rather than through more expedient 

14 modification of existing or dem15 onstrated capabilities of the Depart16 ment of Defense; and 

17 (II) the lower tier air and missile 

18 defense acquisition program as de19 signed as of the date of the certifi20 cation will provide the most rapid de21 ployment of a modernized capability 

22 to the warfighter at reasonable risk 

23 levels (as compared to systems with 

24 similar amounts of complexity and 

25 technological readiness); or 


emcdonald on DSK3SPTVN1PROD with BILLS
899 

HR 4909 PCS

1 (ii) a revised acquisition strategy for 

2 the lower tier air and missile defense ac3 quisition program, including a schedule to 

4 carry out such strategy. 

5 (4) If the Chief of Staff of the Army submits 

6 the revised acquisition strategy under paragraph 

7 (3)(C)(ii), a period of 30 days has elapsed following 

8 the date of such submission. 

9 SEC. 1659. LIMITATION ON AVAILABILITY OF FUNDS FOR 

10 CONVENTIONAL PROMPT GLOBAL STRIKE 

11 WEAPONS SYSTEM. 

12 Of the funds authorized to be appropriated by this 

13 Act or otherwise made available for fiscal year 2017 for 

14 research, development, test, and evaluation, Defense-wide, 

15 for the conventional prompt global strike weapons system, 

16 not more than 75 percent may be obligated or expended 

17 until the date on which the Chairman of the Joint Chiefs 

18 of Staff, in consultation with the Commander of the 

19 United States European Command, the Commander of the 

20 United States Pacific Command, and the Commander of 

21 the United States Strategic Command, submits to the con22 gressional defense committees a report on— 

23 (1) whether there are warfighter requirements 

24 or integrated priorities list submitted needs for a 


emcdonald on DSK3SPTVN1PROD with BILLS
900 

HR 4909 PCS

1 limited operational conventional prompt strike capa2 bility; and 

3 (2) whether the program plan and schedule pro4 posed by the program office in the Office of the 

5 Under Secretary of Defense for Acquisition, Tech6 nology, and Logistics supports such requirements 

7 and integrated priorities lists submissions. 

8 SEC. 1660. PILOT PROGRAM ON LOSS OF UNCLASSIFIED, 

9 CONTROLLED TECHNICAL INFORMATION. 

10 (a) PILOT PROGRAM.—Beginning not later than 90 

11 days after the date of the enactment of this Act, the Direc12 tor of the Missile Defense Agency shall carry out a pilot 

13 program to implement improvements to the data protec14 tion options in the programs of the Missile Defense Agen15 cy (including the contractors of the Agency), particularly 

16 with respect to unclassified, controlled technical informa17 tion and controlled unclassified information. 

18 (b) PRIORITY.—In carrying out the pilot program 

19 under subsection (a), the Director shall give priority to 

20 implementing data protection options that are used by the 

21 private sector and have been proven successful. 

22 (c) DURATION.—The Director shall carry out the 

23 pilot program under subsection (a) for not more than a 

24 5-year period. 


emcdonald on DSK3SPTVN1PROD with BILLS
901 

HR 4909 PCS

1 (d) NOTIFICATION.—Not later than 30 days before 

2 the date on which the Director commences the pilot pro3 gram under subsection (a), the Director shall notify the 

4 congressional defense committees, the Committee on Over5 sight and Government Reform of the House of Represent6 atives, and the Committee on Homeland Security and Gov7 ernment Affairs of the Senate of— 

8 (1) the data protection options that the Direc9 tor is considering to implement under the pilot pro10 gram and the potential costs of such options; and 

11 (2) such option that is the preferred option of 

12 the Director. 

13 (e) DATA PROTECTION OPTIONS.—In this section, 

14 the term ‘‘data protection options’’ means actions to im15 prove processes, practices, and systems that relate to the 

16 safeguarding, hygiene, and data protection of information. 

17 SEC. 1661. REVIEW OF MISSILE DEFENSE AGENCY BUDGET 

18 SUBMISSIONS FOR GROUND-BASED MID19 COURSE DEFENSE AND EVALUATION OF AL20 TERNATIVE GROUND-BASED INTERCEPTOR 

21 DEPLOYMENTS. 

22 (a) BUDGET SUFFICIENCY.— 

23 (1) REPORT.—Not later than 180 days after 

24 the date of the enactment of this Act, the Director 

25 of Cost Assessment and Program Evaluation shall 


emcdonald on DSK3SPTVN1PROD with BILLS
902 

HR 4909 PCS

1 submit to the congressional defense committees a re2 port on the ground-based midcourse defense system. 

3 (2) ELEMENTS.—The report under paragraph 

4 (1) shall include an evaluation of each of the fol5 lowing: 

6 (A) The modernization requirements for 

7 the ground-based midcourse system, including 

8 all command and control, ground systems, sen9 sors and sensor interfaces, boosters and kill ve10 hicles, and integration of known future systems 

11 and components. 

12 (B) The obsolescence of such systems and 

13 components. 

14 (C) The industrial base requirements relat15 ing to the ground-based midcourse system. 

16 (D) The extent to which the estimated lev17 els of annual funding included in the most re18 cent budget and the future-years defense pro19 gram submitted under section 221 of this title 

20 fully fund the requirements under clause (i). 

21 (3) UPDATES.—Not later than 30 days after 

22 the date on which each budget is submitted through 

23 January 31, 2021, the Director shall submit to the 

24 congressional defense committees an update to the 

25 report under paragraph (1). 


emcdonald on DSK3SPTVN1PROD with BILLS
903 

HR 4909 PCS

1 (4) CERTIFICATION.—Not later than 60 days 

2 after the date on which each budget is submitted 

3 through January 31, 2021, the Commander of the 

4 United States Northern Command shall certify to 

5 the congressional defense committees that the most 

6 recent defense budget materials include a sufficient 

7 level of funding for the ground-based midcourse de8 fense system to modernize the system to remain 

9 paced ahead of the developing limited ballistic mis10 sile threat to the homeland, including from an acci11 dental or unauthorized ballistic missile attack. 

12 (b) EVALUATION OF TRANSPORTABLE GROUND13 BASED INTERCEPTOR.—Not later than 180 days after the 

14 date of the enactment of this Act, the Director of the Mis15 sile Defense Agency shall submit to the congressional de16 fense committees a report on transportable ground-based 

17 interceptors. Such report shall detail the views of the Di18 rector regarding— 

19 (1) the cost that is unconstrained by current 

20 projected budget levels for the Missile Defense Agen21 cy (including a detailed program development pro22 duction and deployment cost and schedule for the 

23 earliest technically possible deployment), the associ24 ated manning, and the comparative cost (including 

25 as compared to developing a fixed ground-based inVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
904 

HR 4909 PCS

1 terceptor site), technical readiness, and feasibility of 

2 a transportable ground-based interceptor as a means 

3 to deploy additional ground-based interceptors for 

4 the defense of the United States and the operational 

5 value of a transportable ground-based interceptor for 

6 the defense of the homeland against a limited bal7 listic missile attack, including from accidental or un8 authorized ballistic missile launch; 

9 (2) the type and number of flight and or inter10 cept tests that would be required to validate the ca11 pability and compatibility of a transportable ground12 based interceptor in the ballistic missile defense sys13 tem; 

14 (3) the enabling capabilities, and the cost of 

15 such capabilities, to support such a system; 

16 (4) any safety consideration of a transportable 

17 ground-based interceptor; and 

18 (5) other matters that the Director determines 

19 pertinent to such a system. 

20 (c) FORM.—The report submitted under subsection 

21 (b) shall be submitted in unclassified form, but may in22 clude a classified annex. 

23 (d) DEFINITIONS.—In this section, the terms ‘‘budg24 et’’ and ‘‘defense budget materials’’ have the meanings 


emcdonald on DSK3SPTVN1PROD with BILLS
905 

HR 4909 PCS

1 given those terms in section 231 of title 10, United States 

2 Code. 

3 SEC. 1662. DECLARATORY POLICY, CONCEPT OF OPER4 ATIONS, AND EMPLOYMENT GUIDELINES FOR 

5 LEFT-OF-LAUNCH CAPABILITY. 

6 Not later than 120 days after the date of the enact7 ment of this Act, the Secretary of Defense and the Chair8 man of the Joint Chiefs of Staff shall jointly submit to 

9 the congressional defense committees the following: 

10 (1) Both the classified and unclassified declara11 tory policy of the United States regarding the use of 

12 the left-of-launch capability of the United States 

13 against potential targets and how the Secretary and 

14 the Chairman intend to ensure that such capability 

15 is a deterrent to attacks by adversaries. 

16 (2) Both the classified and unclassified concept 

17 of operations for the use of such capability across 

18 and between the combatant commands. 

19 (3) Both the classified and unclassified employ20 ment strategy, plans, and options for such capa21 bility. 


emcdonald on DSK3SPTVN1PROD with BILLS
906 

HR 4909 PCS

1 SEC. 1663. PROCUREMENT OF MEDIUM-RANGE DISCRIMI2 NATION RADAR TO IMPROVE HOMELAND MIS3 SILE DEFENSE. 

4 (a) The Director of the Missile Defense Agency shall 

5 issue a request for proposals for such radar by not later 

6 than October 1, 2017. 

7 (b) The Director shall plan to procure a medium8 range discrimination radar or equivalent sensor for a loca9 tion the Director determines will improve homeland mis10 sile defense for the defense of Hawaii from the limited 

11 ballistic missile threat (including accidental or unauthor12 ized launch) and plan for such radar to be fielded by not 

13 later than December 31, 2021. 

14 SEC. 1664. SEMIANNUAL NOTIFICATIONS ON MISSILE DE15 FENSE TESTS AND COSTS. 

16 (a) NOTIFICATIONS.—Not less than once every 180- 

17 day period beginning 90 days after the date of the enact18 ment of this Act and ending on January 31, 2021, the 

19 Director of the Missile Defense Agency shall submit to the 

20 congressional defense committees a notification on— 

21 (1) the outcome of each planned flight test, in22 cluding intercept tests, occurring during the period 

23 covered by the notification; and 

24 (2) flight tests, including intercept tests, 

25 planned to occur after the date of the notification. 


emcdonald on DSK3SPTVN1PROD with BILLS
907 

HR 4909 PCS

1 (b) ELEMENTS.—Each notification shall include the 

2 following: 

3 (1) With respect to each test described in sub4 section (a)(1)— 

5 (A) the cost; 

6 (B) any changes made to the scope or ob7 jectives of the test, or future tests, and an ex8 planation for such changes; 

9 (C) in the event of a failure of the test or 

10 a decision to delay or cancel the test— 

11 (i) the reasons such test did not suc12 ceed or occur; 

13 (ii) the funds expended on such at14 tempted test; and 

15 (iii) in the case of a test failure or 

16 cancelled test that is the result of con17 tractor performance, the contractor liabil18 ity, if appropriate, as compared to the cost 

19 of such test and potential retest; and 

20 (D) the plan to conduct a retest, if nec21 essary, and an estimate of the cost of such 

22 retest. 

23 (2) With respect to each test described in sub24 section (a)(2)— 


emcdonald on DSK3SPTVN1PROD with BILLS
908 

HR 4909 PCS

1 (A) any changes made to the scope of the 

2 test; 

3 (B) whether the test was to occur earlier 

4 but was delayed; and 

5 (C) an explanation for any such changes or 

6 delays. 

7 (3) The status of any open failure review 

8 boards or any failure review boards completed dur9 ing the period covered by the notification. 

10 (c) FORM.—Each notification submitted under sub11 section (a) shall be submitted in unclassified form, but 

12 may include a classified annex. 

13 SEC. 1665. NATIONAL MISSILE DEFENSE POLICY. 

14 (a) POLICY.—It is the policy of the United States to 

15 maintain and improve a robust layered missile defense sys16 tem capable of defending the territory of the United 

17 States, allies, deployed forces, and capabilities against the 

18 developing and increasingly complex ballistic missile threat 

19 with funding subject to the annual authorization of appro20 priations and the annual appropriation of funds for Na21 tional Missile Defense. 

22 (b) CONFORMING REPEAL.—Section 2 of the Na23 tional Missile Defense Act of 1999 (Public Law 106–38; 

24 10 U.S.C. 2431 note) is repealed. 


emcdonald on DSK3SPTVN1PROD with BILLS
909 

HR 4909 PCS

1 SEC. 1666. SENSE OF CONGRESS ON INITIAL OPERATING 

2 CAPABILITY OF PHASE 2 OF EUROPEAN 

3 PHASED ADAPTIVE APPROACH TO MISSILE 

4 DEFENSE. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) President Obama, during his announcement 

7 of the European Phased Adaptive Approach on Sep8 tember 17, 2009, stated, ‘‘This approach is based on 

9 an assessment of the Iranian missile threat,’’ and 

10 ‘‘the best way to responsibly advance our security 

11 and the security of our allies is to deploy a missile 

12 defense system that best responds to the threats we 

13 face and that utilizes technology that is both proven 

14 and cost-effective.’’. 

15 (2) The 2010 Ballistic Missile Defense review 

16 stated that ‘‘The [European] Phased Adaptive Ap17 proach utilizes existing and proven capabilities to 

18 meet current threats and then will improve upon 

19 these capabilities over time by integrating new tech20 nology.’’. 

21 (3) Secretary of Defense Leon Panetta, during 

22 a speech in Brussels on October 5, 2011, stated, 

23 ‘‘The United States is fully committed to building a 

24 missile defense capability for the full coverage and 

25 protection of all our NATO European populations, 


emcdonald on DSK3SPTVN1PROD with BILLS
910 

HR 4909 PCS

1 their territory and their forces against the growing 

2 threat posed by ballistic missiles.’’. 

3 (4) Secretary of Defense Chuck Hagel, during 

4 a press conference on March 15, 2013, stated, ‘‘The 

5 missile deployments the United States is making in 

6 phases one through three of the European Phased 

7 Adaptive Approach, including sites in Romania and 

8 Poland, will still be able to provide coverage of all 

9 European NATO territory as planned by 2018.’’. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) the United States is committed to the de13 fense of deployed members of the Armed Forces of 

14 the United States and to the defense of the Euro15 pean allies of the Unites States by increasing the 

16 ballistic missile defense capability of the North At17 lantic Treaty Organization (in this section referred 

18 to as ‘‘NATO’’); 

19 (2) phase 2 of the European Phased Adaptive 

20 Approach will provide NATO with a substantial in21 crease in ballistic missile defense capability since 

22 NATO declared Interim Ballistic Missile Defense 

23 Capability at the Chicago Summit in 2012, and such 

24 phase consists of— 

25 (A) Aegis Ashore in Romania; 


emcdonald on DSK3SPTVN1PROD with BILLS
911 

HR 4909 PCS

1 (B) four Aegis ballistic missile defense ca2 pable ships homeported at Rota, Spain; and 

3 (C) a more capable SM–3 interceptor; 

4 (3) NATO is moving forward with the mod5 ernization of the defense capabilities of NATO that 

6 is responsive to 21st century threats to the territory 

7 and populations of member states of NATO; 

8 (4) the member states of NATO recognize the 

9 importance of this contribution, which sends a clear 

10 signal that NATO will not allow potential adver11 saries to threaten the use of ballistic missile strikes 

12 to coerce NATO or deter NATO from responding to 

13 aggression against the interests of NATO; and 

14 (5) phase 2 of the European Phased Adaptive 

15 Approach is ready for 24-hour-a-day, seven-day-a16 week operation, with proven military systems and 

17 command and control capability, and should be so 

18 declared at the July 2016 NATO Summit in War19 saw, Poland. 

20 Subtitle F—Other Matters 

21 SEC. 1671. PROTECTION OF CERTAIN FACILITIES AND AS22 SETS FROM UNMANNED AIRCRAFT. 

23 (a) IN GENERAL.—Chapter 3 of title 10, United 

24 States Code, as amended by section 1255, is further 

25 amended by adding at the end the following new section: 


emcdonald on DSK3SPTVN1PROD with BILLS
912 

HR 4909 PCS

1 ‘‘§ 130j. Protection of certain facilities and assets 

2 from unmanned aircraft 

3 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

4 take, and may authorize the armed forces to take, such 

5 actions described in subsection (b)(1) that are necessary 

6 to mitigate the threat of an unmanned aircraft system or 

7 unmanned aircraft that poses an imminent threat (as de8 fined by the Secretary of Defense, in coordination with 

9 the Secretary of Transportation) to the safety or security 

10 of a covered facility or asset. 

11 ‘‘(b) ACTIONS DESCRIBED.—(1) The actions de12 scribed in this paragraph are the following: 

13 ‘‘(A) Disrupt control of the unmanned aircraft 

14 system or unmanned aircraft. 

15 ‘‘(B) Seize and exercise control of the un16 manned aircraft system or unmanned aircraft. 

17 ‘‘(C) Seize or otherwise confiscate the un18 manned aircraft system or unmanned aircraft. 

19 ‘‘(D) Use reasonable force to disable or destroy 

20 the unmanned aircraft system or unmanned aircraft. 

21 ‘‘(2) The Secretary of Defense shall develop the ac22 tions described in paragraph (1) in coordination with the 

23 Secretary of Transportation, consistent with the protec24 tion of information regarding sensitive defense capabili25 ties. 


emcdonald on DSK3SPTVN1PROD with BILLS
913 

HR 4909 PCS

1 ‘‘(c) FORFEITURE.—(1) Any unmanned aircraft sys2 tem or unmanned aircraft described in subsection (a) shall 

3 be subject to seizure and forfeiture to the United States. 

4 ‘‘(2) The Secretary of Defense may prescribe regula5 tions to establish reasonable exceptions to paragraph (1), 

6 including in cases where— 

7 ‘‘(A) the operator of the unmanned aircraft sys8 tem or unmanned aircraft obtained the control and 

9 possession of such system or aircraft illegally; or 

10 ‘‘(B) the operator of the unmanned aircraft sys11 tem or unmanned aircraft is an employee of a com12 mon carrier acting in manner described in sub13 section (a) without the knowledge of the common 

14 carrier. 

15 ‘‘(d) REGULATIONS.—The Secretary of Defense and 

16 the Secretary of Transportation shall prescribe regulations 

17 and issue guidance in the respective areas of each Sec18 retary to carry out this section. 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘covered facility or asset’ means 

21 any facility or asset that is— 

22 ‘‘(A) identified by the Secretary of Defense 

23 for purposes of this section; 


emcdonald on DSK3SPTVN1PROD with BILLS
914 

HR 4909 PCS

1 ‘‘(B) located in the United States (includ2 ing the territories and possessions of the United 

3 States); and 

4 ‘‘(C) relating to— 

5 ‘‘(i) the nuclear deterrence mission of 

6 the Department of Defense, including with 

7 respect to nuclear command and control, 

8 integrated tactical warning and attack as9 sessment, and continuity of government; 

10 ‘‘(ii) the missile defense mission of the 

11 Department; or 

12 ‘‘(iii) the national security space mis13 sion of the Department. 

14 ‘‘(2) The terms ‘unmanned aircraft’ and ‘un15 manned aircraft system’ have the meaning given 

16 those terms in section 331 of the FAA Moderniza17 tion and Reform Act of 2012 (Public Law 112–95; 

18 49 U.S.C. 40101 note).’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 130i, as added by section 

22 1255, the following new item: 

‘‘130j. Protection of certain facilities and assets from unmanned aircraft.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
915 

HR 4909 PCS

1 SEC. 1672. IMPROVEMENT OF COORDINATION BY DEPART2 MENT OF DEFENSE OF ELECTROMAGNETIC 

3 SPECTRUM USAGE. 

4 Not later than December 31, 2016, the Secretary of 

5 Defense shall submit to the congressional defense commit6 tees a report evaluating whether establishing an intra-de7 partmental council in the Department of Defense on the 

8 use electromagnetic spectrum by the Department would 

9 improve coordination within the Department on— 

10 (1) the use of such spectrum; 

11 (2) the acquisition cycle with respect to such 

12 spectrum; 

13 (3) training by the Armed Forces, including 

14 with respect to electronic and cyber warfare; and 

15 (4) other purposes the Secretary considers use16 ful. 

17 SEC. 1673. HARMFUL INTERFERENCE TO DEPARTMENT OF 

18 DEFENSE GLOBAL POSITIONING SYSTEM. 

19 (a) FEDERAL COMMUNICATIONS COMMISSION CON20 DITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS.— 

21 Part I of title III of the Communications Act of 1934 (47 

22 U.S.C. 301 et seq.) is amended by adding at the end the 

23 following: 


emcdonald on DSK3SPTVN1PROD with BILLS
916 

HR 4909 PCS

1 ‘‘SEC. 343. CONDITIONS ON COMMERCIAL TERRESTRIAL 

2 OPERATIONS. 

3 ‘‘(a) IN GENERAL.—The Commission shall not per4 mit commercial terrestrial operations in the 1525–1559 

5 megahertz band or the 1626.5–1660.5 megahertz band 

6 until the date that is 90 days after the Commission re7 solves concerns of widespread harmful interference by 

8 such operations in such band to covered GPS devices. 

9 ‘‘(b) NOTICE TO CONGRESS.— 

10 ‘‘(1) IN GENERAL.—At the conclusion of the 

11 proceeding on such operations in such band, the 

12 Commission shall submit to the congressional com13 mittees described in paragraph (2) official copies of 

14 the documents containing the final decision of the 

15 Commission regarding whether to permit such oper16 ations in such band. If the decision is to permit such 

17 operations in such band, such documents shall con18 tain or be accompanied by an explanation of how the 

19 concerns described in subsection (a) have been re20 solved. 

21 ‘‘(2) CONGRESSIONAL COMMITTEES DE22 SCRIBED.—The congressional committees described 

23 in this paragraph are the following: 

24 ‘‘(A) The Committee on Energy and Com25 merce and the Committee on Armed Services of 

26 the House of Representatives. 


emcdonald on DSK3SPTVN1PROD with BILLS
917 

HR 4909 PCS

1 ‘‘(B) The Committee on Commerce, 

2 Science, and Transportation and the Committee 

3 on Armed Services of the Senate. 

4 ‘‘(c) COVERED GPS DEVICE DEFINED.—In this sec5 tion, the term ‘covered GPS device’ means a Global Posi6 tion System device of the Department of Defense.’’. 

7 (b) SECRETARY OF DEFENSE REVIEW OF HARMFUL

8 INTERFERENCE.— 

9 (1) REVIEW.—Not later than 90 days after the 

10 date of the enactment of this Act, and every 90 days 

11 thereafter until the date referred to in paragraph 

12 (3), the Secretary of Defense shall conduct a review 

13 to— 

14 (A) assess the ability of covered GPS de15 vices to receive signals from Global Positioning 

16 System satellites without widespread harmful 

17 interference; and 

18 (B) determine if commercial communica19 tions services are causing or will cause wide20 spread harmful interference with covered GPS 

21 devices. 

22 (2) NOTICE TO CONGRESS.— 

23 (A) NOTICE.—If the Secretary of Defense 

24 determines during a review under paragraph 

25 (1) that commercial communications services 


emcdonald on DSK3SPTVN1PROD with BILLS
918 

HR 4909 PCS

1 are causing or will cause widespread harmful 

2 interference with covered GPS devices, the Sec3 retary shall promptly submit to the congres4 sional defense committees notice of such inter5 ference. 

6 (B) CONTENTS.—The notice required 

7 under subparagraph (A) shall include— 

8 (i) a list and description of the cov9 ered GPS devices that are being or ex10 pected to be interfered with by commercial 

11 communications services; 

12 (ii) a description of the source of, and 

13 the entity causing or expect to cause, the 

14 interference with such receivers; 

15 (iii) a description of the manner in 

16 which such source or such entity is causing 

17 or expected to cause such interference; 

18 (iv) a description of the magnitude of 

19 harm caused or expected to be caused by 

20 such interference; 

21 (v) a description of the duration of 

22 and the conditions and circumstances 

23 under which such interference is occurring 

24 or expected to occur; 


emcdonald on DSK3SPTVN1PROD with BILLS
919 

HR 4909 PCS

1 (vi) a description of the impact of 

2 such interference on the national security 

3 interests of the United States; and 

4 (vii) a description of the plans of the 

5 Secretary to address, alleviate, or mitigate 

6 such interference, including the cost of 

7 such plans. 

8 (C) FORM.—The notice required under 

9 subparagraph (A) shall be submitted in unclas10 sified form, but may include a classified annex. 

11 (3) TERMINATION DATE.—The date referred to 

12 in this paragraph is the earlier of— 

13 (A) the date that is two years after the 

14 date of the enactment of this Act; or 

15 (B) the date on which the Secretary— 

16 (i) determines that commercial com17 munications services are not causing any 

18 widespread harmful interference with cov19 ered GPS devices; and 

20 (ii) the Secretary submits to the con21 gressional defense committees notice of the 

22 determination made under clause (i). 

23 (c) COVERED GPS DEVICE DEFINED.—In this sec24 tion, the term ‘‘covered GPS device’’ means a Global Posi25 tion System device of the Department of Defense. 


emcdonald on DSK3SPTVN1PROD with BILLS
920 

HR 4909 PCS

1 (d) CONFORMING REPEAL.—Section 911 of the Na2 tional Defense Authorization Act for Fiscal Year 2012 

3 (Public Law 112–81; 125 Stat. 1534) is repealed. 

4 TITLE XVII—DEPARTMENT OF 

5 DEFENSE ACQUISITION AGILITY 

6 SEC. 1701. MODULAR OPEN SYSTEM APPROACH IN DEVEL7 OPMENT OF MAJOR WEAPON SYSTEMS. 

8 (a) IN GENERAL.—Part IV of subtitle A of title 10, 

9 United States Code, is amended by inserting after chapter 

10 144A the following new chapter: 

11 ‘‘CHAPTER 144B—WEAPON SYSTEMS 

12 DEVELOPMENT AND RELATED MATTERS 

‘‘Subchapter Sec. 

‘‘I. Modular Open System Approach in Development of 

Weapon Systems ..................................................... 2446a 

‘‘II. Development, Prototyping, and Deployment of 

Weapon System Components and Technology ......................................................................... 2447a 

‘‘III. Cost, Schedule, and Performance of Major Defense 

Acquisition Programs .......................................... 2448a 

13 ‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM AP14 PROACH IN DEVELOPMENT OF WEAPON 

15 SYSTEMS 

‘‘Sec. 

‘‘2446a. Requirement for modular open system approach in major defense acquisition programs; definitions. 

‘‘2446b. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design. 

‘‘2446c. Requirements relating to availability of major system interfaces and 

support for modular open system approach. 

‘‘2446d. Requirement to include modular open system approach in Selected Acquisition Reports. 


emcdonald on DSK3SPTVN1PROD with BILLS
921 

HR 4909 PCS

1 ‘‘§ 2446a. Requirement for modular open system ap2 proach in major defense acquisition pro3 grams; definitions 

4 ‘‘(a) MODULAR OPEN SYSTEM APPROACH REQUIRE5 MENT.—A major defense acquisition program initiated 

6 after January 1, 2019, shall be designed and developed, 

7 to the maximum extent practicable, with a modular open 

8 system approach to enable incremental development. 

9 ‘‘(b) DEFINITIONS.—In this chapter: 

10 ‘‘(1) The term ‘modular open system approach’ 

11 means, with respect to a major defense acquisition 

12 program, an integrated business and technical strat13 egy that— 

14 ‘‘(A) employs a modular design that uses 

15 major system interfaces between a major sys16 tem platform and a major system component or 

17 between major system components; 

18 ‘‘(B) is subjected to verification to ensure 

19 major system interfaces comply with, if avail20 able and suitable, widely supported and con21 sensus-based standards; 

22 ‘‘(C) uses a system architecture that allows 

23 severable major system components at the ap24 propriate level to be incrementally added, re25 moved, or replaced throughout the life cycle of 

26 a major system platform to afford opportunities 


emcdonald on DSK3SPTVN1PROD with BILLS
922 

HR 4909 PCS

1 for enhanced competition and innovation while 

2 yielding— 

3 ‘‘(i) significant cost savings or avoid4 ance; 

5 ‘‘(ii) schedule reduction; 

6 ‘‘(iii) opportunities for technical up7 grades; 

8 ‘‘(iv) increased interoperability; or 

9 ‘‘(v) other benefits during the 

10 sustainment phase of a major weapon sys11 tem; and 

12 ‘‘(D) complies with the technical data 

13 rights set forth in section 2320 of this title. 

14 ‘‘(2) The term ‘major system platform’ means 

15 the highest level structure of a major weapon system 

16 that is not physically mounted or installed onto a 

17 higher level structure and on which a major system 

18 component can be physically mounted or installed. 

19 ‘‘(3) The term ‘major system component’— 

20 ‘‘(A) means a high level subsystem or as21 sembly, including hardware, software, or an in22 tegrated assembly of both, that can be mounted 

23 or installed on a major system platform through 

24 well-defined major system interfaces; and 


emcdonald on DSK3SPTVN1PROD with BILLS
923 

HR 4909 PCS

1 ‘‘(B) includes a subsystem or assembly 

2 that is likely to have additional capability re3 quirements, is likely to change because of evolv4 ing technology or threat, is needed for inter5 operability, facilitates incremental deployment 

6 of capabilities, or is expected to be replaced by 

7 another major system component. 

8 ‘‘(4) The term ‘major system interface’ means 

9 a shared boundary between a major system platform 

10 and a major system component or between major 

11 system components, defined by various physical, log12 ical, and functional characteristics, such as elec13 trical, mechanical, fluidic, optical, radio frequency, 

14 data, networking, or software elements. 

15 ‘‘(5) The term ‘program capability document’ 

16 means, with respect to a major defense acquisition 

17 program, a document that specifies capability re18 quirements for the program, such as a capability de19 velopment document or a capability production docu20 ment. 

21 ‘‘(6) The terms ‘program cost target’ and ‘field22 ing target’ have the meanings provided in section 

23 2448a(a) of this title. 


emcdonald on DSK3SPTVN1PROD with BILLS
924 

HR 4909 PCS

1 ‘‘(7) The term ‘major defense acquisition pro2 gram’ has the meaning provided in section 2430 of 

3 this title. 

4 ‘‘(8) The term ‘major weapon system’ has the 

5 meaning provided in section 2379(f) of this title. 

6 ‘‘§ 2446b. Requirement to address modular open sys7 tem approach in program capabilities de8 velopment and acquisition weapon sys9 tem design 

10 ‘‘(a) PROGRAM CAPABILITY DOCUMENT.—A program 

11 capability document for a major defense acquisition pro12 gram shall identify and characterize— 

13 ‘‘(1) the extent to which requirements for sys14 tem performance are likely to evolve during the life 

15 cycle of the system because of evolving technology, 

16 threat, or interoperability needs; and 

17 ‘‘(2) for requirements that are expected to 

18 evolve, the minimum acceptable capability that is 

19 necessary for initial operating capability of the 

20 major defense acquisition program. 

21 ‘‘(b) ANALYSIS OF ALTERNATIVES.—The Director of 

22 Cost Assessment and Performance Evaluation, in formu23 lating study guidance for analyses of alternatives for 

24 major defense acquisition programs and performing such 

25 analyses under section 139a(d)(4) of this title, shall enVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
925 

HR 4909 PCS

1 sure that any such analysis for a major defense acquisition 

2 program includes consideration of evolutionary acquisi3 tion, prototyping, and a modular open system approach. 

4 ‘‘(c) ACQUISITION STRATEGY.—In the case of a 

5 major defense acquisition program that uses a modular 

6 open system approach, the acquisition strategy required 

7 under section 2431a of this title shall— 

8 ‘‘(1) clearly describe the modular open system 

9 approach to be used for the program; 

10 ‘‘(2) differentiate between the major system 

11 platform and major system components being devel12 oped under the program, as well as major system 

13 components developed outside the program that will 

14 be integrated into the major defense acquisition pro15 gram; 

16 ‘‘(3) clearly describe the evolution of major sys17 tem components that are anticipated to be added, 

18 removed, or replaced in subsequent increments; 

19 ‘‘(4) identify additional major system compo20 nents that may be added later in the life cycle of the 

21 major system platform; and 

22 ‘‘(5) clearly describe how intellectual property 

23 and related issues, such as technical data 

24 deliverables, that are necessary to support a modular 

25 open system approach, will be addressed. 


emcdonald on DSK3SPTVN1PROD with BILLS
926 

HR 4909 PCS

1 ‘‘(d) REQUEST FOR PROPOSALS.—The milestone de2 cision authority for a major defense acquisition program 

3 that uses a modular open system approach shall ensure 

4 that a request for proposals for the development or pro5 duction phases of the program shall describe the modular 

6 open system approach and the minimum set of major sys7 tem components that must be included in the design of 

8 the major defense acquisition program. 

9 ‘‘(e) MILESTONE B.—A major defense acquisition 

10 program may not receive Milestone B approval under sec11 tion 2366b of this title until the milestone decision author12 ity determines in writing that— 

13 ‘‘(1) in the case of a program that uses a mod14 ular open system approach— 

15 ‘‘(A) the program incorporates clearly de16 fined major system interfaces between the 

17 major system platform and major system com18 ponents and between major system components; 

19 ‘‘(B) such major system interfaces are con20 sistent with the widely supported and con21 sensus-based standards that exist at the time of 

22 the milestone decision, unless such standards 

23 are unavailable or unsuitable for particular 

24 major system interfaces; and 


emcdonald on DSK3SPTVN1PROD with BILLS
927 

HR 4909 PCS

1 ‘‘(C) the Government has arranged to ob2 tain appropriate and necessary intellectual 

3 property rights with respect to such major sys4 tem interfaces upon completion of the develop5 ment of the major system platform; or 

6 ‘‘(2) in the case of a program that does not use 

7 a modular open system approach, that the use of a 

8 modular open system approach is not practicable. 

9 ‘‘§ 2446c. Requirements relating to availability of 

10 major system interfaces and support for 

11 modular open system approach 

12 ‘‘The Secretary of each military department shall— 

13 ‘‘(1) coordinate with the other military depart14 ments, the defense agencies, defense and other pri15 vate sector entities, national standards-setting orga16 nizations, and, when appropriate, with elements of 

17 the intelligence community with respect to the speci18 fication, identification, development, and mainte19 nance of major system interfaces and standards for 

20 use in major system platforms, where practicable; 

21 ‘‘(2) ensure that major system interfaces incor22 porate commercial standards and other widely sup23 ported consensus-based standards that are validated, 

24 published, and maintained by recognized standards 

25 organizations to the maximum extent practicable; 


emcdonald on DSK3SPTVN1PROD with BILLS
928 

HR 4909 PCS

1 ‘‘(3) ensure that sufficient systems engineering 

2 and development expertise and resources are avail3 able to support the use of a modular open system 

4 approach in requirements development and acquisi5 tion program planning; 

6 ‘‘(4) ensure that necessary planning, program7 ming, and budgeting resources are provided to speci8 fy, identify, develop, and sustain the modular open 

9 system approach, associated major system inter10 faces, and any additional program activities nec11 essary to sustain innovation and interoperability; 

12 and 

13 ‘‘(5) ensure that adequate training in the use of 

14 a modular open system approach is provided to 

15 members of the requirements and acquisition work16 force. 

17 ‘‘§ 2446d. Requirement to include modular open sys18 tem approach in Selected Acquisition Re19 ports 

20 ‘‘For each major defense acquisition program that re21 ceives Milestone B approval after January 1, 2019, a brief 

22 summary description of the key elements of the modular 

23 open system approach or, if a modular open system ap24 proach was not used, the rationale for not using such an 

25 approach, shall be submitted to the congressional defense 


emcdonald on DSK3SPTVN1PROD with BILLS
929 

HR 4909 PCS

1 committees with the first Selected Acquisition Report re2 quired under section 2432 of this title for the program.’’. 

3 (b) CLERICAL AMENDMENT.—The table of chapters 

4 for title 10, United States Code, is amended by adding 

5 after the item relating to chapter 144A the following new 

6 item: 

‘‘144B. Weapon Systems Development and Related Matters ..............................................................................2446a’’. 

7 (c) CONFORMING AMENDMENT.—Section 

8 2366b(a)(3) of such title is amended— 

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (K); and 

11 (2) by inserting after subparagraph (L) the fol12 lowing new subparagraph: 

13 ‘‘(M) the requirements of section 2446b(e) 

14 of this title are met; and’’. 

15 (d) EFFECTIVE DATE.—Subchapter I of chapter 

16 144B of title 10, United States Code, as added by sub17 section (a), shall take effect on October 1, 2016. 

18 SEC. 1702. DEVELOPMENT, PROTOTYPING, AND DEPLOY19 MENT OF WEAPON SYSTEM COMPONENTS OR 

20 TECHNOLOGY. 

21 (a) IN GENERAL.—Chapter 144B of title 10, United 

22 States Code, as added by section 1701, is further amended 

23 by adding at the end the following new subchapter: 


emcdonald on DSK3SPTVN1PROD with BILLS
930 

HR 4909 PCS

1 ‘‘SUBCHAPTER II—DEVELOPMENT, PROTO2 TYPING, AND DEPLOYMENT OF WEAPON 

3 SYSTEM COMPONENTS OR TECHNOLOGY 

‘‘Sec. 

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

‘‘2447b. Weapon system component or technology prototype projects: display of 

budget information. 

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

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

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

‘‘2447f. Definition of weapon system component. 

4 ‘‘§ 2447a. Technology development in the acquisition 

5 of major weapon systems 

6 ‘‘Technology shall be developed in a major defense 

7 acquisition program that is initiated after January 1, 

8 2019, only if the milestone decision authority for the pro9 gram determines with a high degree of confidence that 

10 such development will not delay the fielding target of the 

11 program. If the milestone decision authority does not 

12 make such determination for a major system component 

13 being developed under the program, the milestone decision 

14 authority shall ensure that technology related to the major 

15 system component shall be sufficiently matured separate 

16 from the major defense acquisition program using the 

17 prototyping authorities of this section or other authorities, 

18 as appropriate. 


emcdonald on DSK3SPTVN1PROD with BILLS
931 

HR 4909 PCS

1 ‘‘§ 2447b. Weapon system component or technology 

2 prototype projects: display of budget in3 formation 

4 ‘‘(a) REQUIREMENTS FOR BUDGET DISPLAY.—In the 

5 defense budget materials for any fiscal year after fiscal 

6 year 2017, the Secretary of Defense shall, with respect 

7 to advanced component development and prototype activi8 ties (within the research, development, test, and evaluation 

9 budget), set forth the amounts requested for each of the 

10 following: 

11 ‘‘(1) Acquisition programs of record. 

12 ‘‘(2) Development, prototyping, and experimen13 tation of weapon system components or other tech14 nologies separate from acquisition programs of 

15 record. 

16 ‘‘(3) Other budget line items as determined by 

17 the Secretary of Defense. 

18 ‘‘(b) ADDITIONAL REQUIREMENTS.—For purposes of 

19 subsection (a)(2), the amounts requested for development, 

20 prototyping, and experimentation of weapon system com21 ponents or other technologies shall be— 

22 ‘‘(1) structured into either capability, weapon 

23 system component, or technology portfolios that re24 flect the priority areas for prototype projects; and 

25 ‘‘(2) justified with general descriptions of the 

26 types of capability areas and technologies being 


emcdonald on DSK3SPTVN1PROD with BILLS
932 

HR 4909 PCS

1 funded or expected to be funded during the fiscal 

2 year concerned. 

3 ‘‘(c) DEFINITIONS.—In this section, the terms ‘budg4 et’ and ‘defense budget materials’ have the meaning given 

5 those terms in section 234 of this title. 

6 ‘‘§ 2447c. Weapon system component or technology 

7 prototype projects: oversight 

8 ‘‘(a) ESTABLISHMENT.—The Secretary of each mili9 tary department shall establish an oversight board or iden10 tify a similar group of senior advisors for managing proto11 type projects for weapon system components and other 

12 technologies and subsystems, including the use of funds 

13 for such projects, within the military department con14 cerned. 

15 ‘‘(b) MEMBERSHIP.—Each oversight board shall be 

16 comprised of senior officials with— 

17 ‘‘(1) expertise in requirements; research, devel18 opment, test, and evaluation; acquisition; or other 

19 relevant areas within the military department con20 cerned; 

21 ‘‘(2) awareness of technology development ac22 tivities and opportunities in the Department of De23 fense, industry, and other sources; and 

24 ‘‘(3) awareness of the component capability re25 quirements of major weapon systems, including 


emcdonald on DSK3SPTVN1PROD with BILLS
933 

HR 4909 PCS

1 scheduling and fielding goals for such component ca2 pabilities. 

3 ‘‘(c) FUNCTIONS.—The functions of each oversight 

4 board are as follows: 

5 ‘‘(1) To issue a strategic plan every three years 

6 that prioritizes the capability and weapon system 

7 component portfolio areas for conducting prototype 

8 projects, based on assessments of high priority 

9 warfighter needs, capability gaps on existing major 

10 weapon systems, opportunities to incrementally inte11 grate new components into major weapon systems, 

12 and technologies that are expected to be sufficiently 

13 mature to prototype within three years. 

14 ‘‘(2) To annually recommend funding levels for 

15 weapon system component or technology develop16 ment and prototype projects across capability or 

17 weapon system component portfolios. 

18 ‘‘(3) To annually recommend to the service ac19 quisition executive of the military department con20 cerned specific weapon system component or tech21 nology development and prototype projects, subject 

22 to the requirements and limitations in section 2447d 

23 of this title. 

24 ‘‘(4) To ensure projects are managed by experts 

25 within the Department of Defense who are knowlVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
934 

HR 4909 PCS

1 edgeable in research, development, test, and evalua2 tion and who are aware of opportunities for incre3 mental deployment of component capabilities and 

4 other technologies to major weapon systems or di5 rectly to support warfighting capabilities. 

6 ‘‘(5) To ensure projects are conducted in a 

7 manner that allows for appropriate experimentation 

8 and technology risk. 

9 ‘‘(6) To ensure necessary technical, contracting, 

10 and financial management resources are available to 

11 support each project. 

12 ‘‘(7) To submit to the congressional defense 

13 committees a semiannual notification that includes 

14 the following: 

15 ‘‘(A) A description of each weapon system 

16 component or technology prototype project initi17 ated during the preceding six months, including 

18 an explanation of each project and its required 

19 funding. 

20 ‘‘(B) A description of the results achieved 

21 from weapon system component prototype and 

22 technology projects completed and tested during 

23 the preceding six months. 


emcdonald on DSK3SPTVN1PROD with BILLS
935 

HR 4909 PCS

1 ‘‘§ 2447d. Requirements and limitations for weapon 

2 system component or technology proto3 type projects 

4 ‘‘(a) LIMITATION ON PROTOTYPE PROJECT DURA5 TION.—A prototype project shall be completed within 

6 three years of its initiation. 

7 ‘‘(b) MERIT-BASED SELECTION PROCESS.—A proto8 type project shall be selected by the service acquisition ex9 ecutive of the military department concerned through a 

10 merit-based selection process that identifies the most 

11 promising and cost-effective prototypes that address a 

12 high priority warfighter need and are expected to be suc13 cessfully demonstrated in a relevant environment. 

14 ‘‘(c) TYPE OF TRANSACTION.—Prototype projects 

15 shall be funded through contracts, cooperative agree16 ments, or other transactions. 

17 ‘‘(d) FUNDING LIMIT.—(1) Each prototype project 

18 may not exceed a total amount of $10,000,000 (based on 

19 fiscal year 2017 constant dollars), unless— 

20 ‘‘(A) the Secretary of the military department, 

21 or the Secretary’s designee, approves a larger 

22 amount of funding for the project, not to exceed 

23 $50,000,000; and 

24 ‘‘(B) the Secretary, or the Secretary’s designee, 

25 submits to the congressional defense committees, 


emcdonald on DSK3SPTVN1PROD with BILLS
936 

HR 4909 PCS

1 within 30 days after approval of such funding for 

2 the project, a notification that includes— 

3 ‘‘(i) a description of the project; 

4 ‘‘(ii) expected funding for the project; and 

5 ‘‘(iii) a statement of the anticipated out6 come of the project. 

7 ‘‘(2) The Secretary of Defense may adjust the 

8 amounts (and the base fiscal year) provided in paragraph 

9 (1) on the basis of Department of Defense escalation 

10 rates. 

11 ‘‘§ 2447e. Mechanisms to speed deployment of suc12 cessful weapon system component or 

13 technology prototypes 

14 ‘‘(a) SELECTION OF RAPID FIELDING PROJECT FOR

15 PRODUCTION.—A weapon system component or tech16 nology rapid fielding project may be selected by the service 

17 acquisition executive of the military department concerned 

18 for a follow-on production contract or other transaction 

19 without the use of competitive procedures, notwith20 standing the requirements of section 2304 of this title, 

21 if— 

22 ‘‘(1) a rapid fielding project addresses a high 

23 priority warfighter need; 


emcdonald on DSK3SPTVN1PROD with BILLS
937 

HR 4909 PCS

1 ‘‘(2) competitive procedures were used for the 

2 selection of parties for participation in the rapid 

3 fielding project; 

4 ‘‘(3) the participants in the project successfully 

5 completed the project provided for in the trans6 action; and 

7 ‘‘(4) a prototype of the system to be procured 

8 in the rapid fielding project was demonstrated in a 

9 relevant environment. 

10 ‘‘(b) SPECIAL TRANSFER AUTHORITY.—(1) The Sec11 retary of a military department may, as specified in ad12 vance by appropriations Acts, transfer funds that remain 

13 available for obligation in procurement appropriation ac14 counts of the military department to fund the low-rate ini15 tial production of the rapid fielding project until required 

16 funding for full-rate production can be submitted and ap17 proved through the regular budget process of the Depart18 ment of Defense. 

19 ‘‘(2) The funds transferred under this subsection to 

20 fund the low-rate initial production of a rapid fielding 

21 project shall be for a period not to exceed two years, the 

22 amount for such period may not exceed $50,000,000, and 

23 the special transfer authority provided in this subsection 

24 may not be used more than once to fund procurement of 

25 a particular new or upgraded system. 


emcdonald on DSK3SPTVN1PROD with BILLS
938 

HR 4909 PCS

1 ‘‘(3) The special transfer authority provided in this 

2 subsection is in addition to any other transfer authority 

3 available to the Department of Defense. 

4 ‘‘(c) NOTIFICATION TO CONGRESS.—Within 30 days 

5 after the service acquisition executive of a military depart6 ment selects a weapon system component or technology 

7 rapid fielding project for a follow-on production contract 

8 or other transaction, the service acquisition executive shall 

9 notify the congressional defense committees of the selec10 tion and provide a brief description of the rapid fielding 

11 project. 

12 ‘‘§ 2447f. Definition of weapon system component 

13 ‘‘In this subchapter, the term ‘weapon system compo14 nent’ has the meaning given the term ‘major system com15 ponent’ in section 2446a of this title.’’. 

16 (b) EFFECTIVE DATE.—Subchapter II of chapter 

17 144B of title 10, United States Code, as added by sub18 section (a), shall take effect on October 1, 2016. 

19 SEC. 1703. COST, SCHEDULE, AND PERFORMANCE OF 

20 MAJOR DEFENSE ACQUISITION PROGRAMS. 

21 (a) IN GENERAL.—Chapter 144B of title 10, United 

22 States Code, as added by section 1701, is amended by 

23 adding at the end the following new subchapter: 


emcdonald on DSK3SPTVN1PROD with BILLS
939 

HR 4909 PCS

1 ‘‘SUBCHAPTER III—COST, SCHEDULE, AND PER2 FORMANCE OF MAJOR DEFENSE ACQUISI3 TION PROGRAMS 

‘‘Sec. 

‘‘2448a. Program cost, fielding, and performance goals in planning major defense acquisition programs. 

‘‘2448b. Independent technical risk assessments. 

‘‘2448c. Adherence to requirements and thresholds in major defense acquisition 

programs. 

4 ‘‘§ 2448a. Program cost, fielding, and performance 

5 goals in planning major defense acquisi6 tion programs 

7 ‘‘(a) PROGRAM COST AND FIELDING TARGETS.—(1) 

8 Before a major defense acquisition program receives Mile9 stone A approval or is otherwise initiated prior to Mile10 stone B, the Secretary of Defense shall ensure, by estab11 lishing the goals described in paragraph (2), that— 

12 ‘‘(A) the program will be affordable; 

13 ‘‘(B) program planning anticipates evolution of 

14 capabilities to meet changing threats, technology in15 sertion, and interoperability; and 

16 ‘‘(C) the program will be fielded when needed. 

17 ‘‘(2) The goals described in this paragraph are goals 

18 for— 

19 ‘‘(A) the program acquisition unit cost (referred 

20 to in this section as the ‘program cost target’); 


emcdonald on DSK3SPTVN1PROD with BILLS
940 

HR 4909 PCS

1 ‘‘(B) the date for initial operational capability 

2 (referred to in this section as the ‘fielding target’); 

3 and 

4 ‘‘(C) technology maturation, prototyping, and a 

5 modular open system approach to evolve system ca6 pabilities and improve interoperability. 

7 ‘‘(b) CONSIDERATIONS.—In establishing goals under 

8 subsection (a) for the program, the Secretary of Defense 

9 shall consider each of the following: 

10 ‘‘(1) The capability needs and timeframe speci11 fied in the initial capabilities document, opportuni12 ties for evolution of capabilities, and minimum ac13 ceptable capability increments. 

14 ‘‘(2) Resources available to fund the develop15 ment, production, and life cycle of the program, 

16 using a reasonable estimate of future defense budg17 ets. 

18 ‘‘(3) The number of end items expected to be 

19 procured under the program. 

20 ‘‘(4) Trade-offs among cost, schedule, technical 

21 risk, and performance objectives identified in the 

22 analysis of alternatives required under section 2366a 

23 of this title. 

24 ‘‘(5) The independent cost estimate established 

25 pursuant to section 2334(a)(6) of this title. 


emcdonald on DSK3SPTVN1PROD with BILLS
941 

HR 4909 PCS

1 ‘‘(6) The independent technical risk assessment 

2 conducted or approved under section 2448b of this 

3 title. 

4 ‘‘(c) DELEGATION.—The responsibilities of the Sec5 retary of Defense in subsection (a) may be delegated only 

6 to the Deputy Secretary of Defense or the Under Sec7 retary of Defense for Acquisition, Technology, and Logis8 tics. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘program acquisition unit cost’ 

11 has the meaning provided in section 2432(a) of this 

12 title. 

13 ‘‘(2) The term ‘initial capabilities document’ 

14 has the meaning provided in section 2366a(d)(2) of 

15 this title. 

16 ‘‘§ 2448b. Independent technical risk assessments 

17 ‘‘(a) IN GENERAL.—With respect to a major defense 

18 acquisition program, the Under Secretary of Defense for 

19 Acquisition, Technology, and Logistics shall— 

20 ‘‘(1) before any decision to grant Milestone A 

21 approval for the program pursuant to section 2366a 

22 of this title, identify critical technologies that need 

23 to be matured in the program; and 

24 ‘‘(2) before any decision to grant Milestone B 

25 approval for the program pursuant to section 2366b 


emcdonald on DSK3SPTVN1PROD with BILLS
942 

HR 4909 PCS

1 of this title, any decision to enter into low-rate ini2 tial production or full-rate production, or at any 

3 other time considered appropriate by the Under Sec4 retary, conduct or approve an independent technical 

5 risk assessment for the program, including the iden6 tification of any critical technologies that have not 

7 been successfully demonstrated in a relevant envi8 ronment. 

9 ‘‘(b) CATEGORIZATION OF TECHNICAL RISK LEV10 ELS.—The Under Secretary shall issue guidance and a 

11 framework for categorizing the degree of technical risk in 

12 a major defense acquisition program. 

13 ‘‘§ 2448c. Adherence to requirements and thresholds 

14 in major defense acquisition programs 

15 ‘‘(a) CAPABILITIES DETERMINATION.—The Sec16 retary of the military department concerned shall ensure 

17 that the program capability document supporting a Mile18 stone B or subsequent milestone for a major defense ac19 quisition program may not be submitted to the Joint Re20 quirements Oversight Council for approval until the Chief 

21 of the armed force concerned determines in writing that 

22 the requirements in the document are necessary and real23 istic in relation to the program cost and fielding targets 

24 established under section 2448a(a) of this title. 


emcdonald on DSK3SPTVN1PROD with BILLS
943 

HR 4909 PCS

1 ‘‘(b) COMPLIANCE WITH TARGETS BEFORE MILE2 STONE B APPROVAL.—A major defense acquisition pro3 gram may not receive Milestone B approval until the mile4 stone decision authority for the program determines in 

5 writing that the estimated program acquisition unit cost 

6 and the estimated date for initial operational capability 

7 for the baseline description for the program (established 

8 under section 2435) do not exceed the program cost and 

9 fielding targets established under section 2448a(a) of this 

10 title. If such estimated cost is higher than the program 

11 cost target or if such estimated date is later than the field12 ing target, the milestone decision authority may request 

13 that the Secretary of Defense increase the program cost 

14 target or delay the fielding target, as applicable.’’. 

15 (b) EFFECTIVE DATE.—Subchapter III of chapter 

16 144B of title 10, United States Code, as added by sub17 section (a), shall apply with respect to major defense ac18 quisition programs that reach Milestone A after October 

19 1, 2016. 

20 (c) MODIFICATION OF MILESTONE DECISION AU21 THORITY.—Effective October 1, 2016, subsection (d) of 

22 section 2430 of title 10, United States Code, as added by 

23 section 825(a) of the National Defense Authorization Act 

24 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 907), 

25 is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
944 

HR 4909 PCS

1 (1) in paragraph (2)(A), by inserting ‘‘subject 

2 to paragraph (5),’’ before ‘‘the Secretary deter3 mines’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(5) The authority of the Secretary of Defense to 

7 designate an alternative milestone decision authority for 

8 a program with respect to which the Secretary determines 

9 that the program is addressing a joint requirement, as set 

10 forth in paragraph (2)(A), shall apply only for a major 

11 defense acquisition program that reaches Milestone A 

12 after October 1, 2016, and before October 1, 2019.’’. 

13 SEC. 1704. TRANSPARENCY IN MAJOR DEFENSE ACQUISI14 TION PROGRAMS. 

15 (a) REPORTS ON MILESTONE DECISION METRICS.— 

16 Subchapter III of chapter 144B of title 10, United States 

17 Code, as added by section 1703, is amended by adding 

18 at the end the following new section: 

19 ‘‘§ 2448d. Reports on milestone decision metrics 

20 ‘‘(a) REPORT ON MILESTONE A.—Not later than 15 

21 days after granting Milestone A approval for a major de22 fense acquisition program, the milestone decision author23 ity for the program shall provide to the congressional de24 fense committees and, in the case of intelligence or intel25 ligence-related activities, the congressional intelligence 


emcdonald on DSK3SPTVN1PROD with BILLS
945 

HR 4909 PCS

1 committees a brief summary report that contains the fol2 lowing elements: 

3 ‘‘(1) The program cost and fielding targets es4 tablished by the Secretary of Defense under section 

5 2448a(a) of this title. 

6 ‘‘(2) The estimated cost and schedule for the 

7 program established by the military department con8 cerned, including— 

9 ‘‘(A) the dollar values estimated for the 

10 program acquisition unit cost and total life11 cycle cost; and 

12 ‘‘(B) the planned dates for each program 

13 milestone and initial operational capability. 

14 ‘‘(3) The independent estimated cost for the 

15 program established pursuant to section 2334(a)(6) 

16 of this title, and any independent estimated schedule 

17 for the program, including— 

18 ‘‘(A) the dollar values estimated for the 

19 program acquisition unit cost and total life20 cycle cost; and 

21 ‘‘(B) the planned dates for each program 

22 milestone and initial operational capability. 

23 ‘‘(4) A summary of the technical risks associ24 ated with the program, as determined by the miliVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
946 

HR 4909 PCS

1 tary department concerned, including identification 

2 of any critical technologies that need to be matured. 

3 ‘‘(5) A summary of the independent technical 

4 risk assessment conducted or approved under section 

5 2448b of this title, including identification of any 

6 critical technologies that need to be matured. 

7 ‘‘(6) A summary of any sufficiency review con8 ducted by the Director of Cost Assessment and Pro9 gram Evaluation of the analysis of alternatives per10 formed for the program (as referred to in section 

11 2366a(b)(6) of this title). 

12 ‘‘(7) Any other information the milestone deci13 sion authority considers relevant. 

14 ‘‘(b) REPORT ON MILESTONE B.—Not later than 15 

15 days after granting Milestone B approval for a major de16 fense acquisition program, the milestone decision author17 ity for the program shall provide to the congressional de18 fense committees and, in the case of intelligence or intel19 ligence-related activities, the congressional intelligence 

20 committees a brief summary report that contains the fol21 lowing elements: 

22 ‘‘(1) The program cost and fielding targets es23 tablished by the Secretary of Defense under section 

24 2448a(a) of this title. 


emcdonald on DSK3SPTVN1PROD with BILLS
947 

HR 4909 PCS

1 ‘‘(2) The estimated cost and schedule for the 

2 program established by the military department con3 cerned, including— 

4 ‘‘(A) the dollar values estimated for the 

5 program acquisition unit cost, average procure6 ment unit cost, and total life-cycle cost; and 

7 ‘‘(B) the planned dates for each program 

8 milestone, initial operational test and evalua9 tion, and initial operational capability. 

10 ‘‘(3) The independent estimated cost for the 

11 program established pursuant to section 2334(a)(6) 

12 of this title, and any independent estimated schedule 

13 for the program, including— 

14 ‘‘(A) the dollar values estimated for the 

15 program acquisition unit cost, average procure16 ment unit cost, and total life-cycle cost; and 

17 ‘‘(B) the planned dates for each program 

18 milestone, initial operational test and evalua19 tion, and initial operational capability. 

20 ‘‘(4) A summary of the technical risks associ21 ated with the program, as determined by the mili22 tary department concerned, including identification 

23 of any critical technologies that have not been suc24 cessfully demonstrated in a relevant environment. 


emcdonald on DSK3SPTVN1PROD with BILLS
948 

HR 4909 PCS

1 ‘‘(5) A summary of the independent technical 

2 risk assessment conducted or approved under section 

3 2448b of this title, including identification of any 

4 critical technologies that have not been successfully 

5 demonstrated in a relevant environment. 

6 ‘‘(6) A statement of whether a modular open 

7 system approach is being used for the program. 

8 ‘‘(7) Any other information the milestone deci9 sion authority considers relevant. 

10 ‘‘(c) REPORT ON MILESTONE C.—Not later than 15 

11 days after granting Milestone C approval for a major de12 fense acquisition program, the milestone decision author13 ity for the program shall provide to the congressional de14 fense committees and, in the case of intelligence or intel15 ligence-related activities, the congressional intelligence 

16 committees a brief summary report that contains the fol17 lowing: 

18 ‘‘(1) The estimated cost and schedule for the 

19 program established by the military department con20 cerned, including— 

21 ‘‘(A) the dollar values estimated for the 

22 program acquisition unit cost, average procure23 ment unit cost, and total life-cycle cost; and 


emcdonald on DSK3SPTVN1PROD with BILLS
949 

HR 4909 PCS

1 ‘‘(B) the planned dates for initial oper2 ational test and evaluation and initial oper3 ational capability. 

4 ‘‘(2) The independent estimated cost for the 

5 program established pursuant to section 2334(a)(6) 

6 of this title, and any independent estimated schedule 

7 for the program, including— 

8 ‘‘(A) the dollar values estimated for the 

9 program acquisition unit cost, average procure10 ment unit cost, and total life-cycle cost; and 

11 ‘‘(B) the planned dates for initial oper12 ational test and evaluation and initial oper13 ational capability. 

14 ‘‘(3) A summary of any production, manufac15 turing, and fielding risks associated with the pro16 gram. 

17 ‘‘(d) ADDITIONAL INFORMATION.—At the request of 

18 any of the congressional defense committees or, in the case 

19 of intelligence or intelligence-related activities, the con20 gressional intelligence committees, the milestone decision 

21 authority shall submit to the committee further informa22 tion or underlying documentation for the information in 

23 a report submitted under subsection (a), (b), or (c), in24 cluding the independent cost and schedule estimates and 


emcdonald on DSK3SPTVN1PROD with BILLS
950 

HR 4909 PCS

1 the independent technical risk assessments referred to in 

2 those subsections. 

3 ‘‘(e) CONGRESSIONAL INTELLIGENCE COMMITTEES

4 DEFINED.—In this section, the term ‘congressional intel5 ligence committees’ has the meaning given that term in 

6 section 437(c) of this title.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such subchapter is amended by adding 

9 at the end the following new item: 

‘‘2448d. Reports on milestone decision metrics.’’. 

10 SEC. 1705. AMENDMENTS RELATING TO TECHNICAL DATA 

11 RIGHTS. 

12 (a) RIGHTS RELATING TO ITEM OR PROCESS DEVEL13 OPED EXCLUSIVELY AT PRIVATE EXPENSE.—Subsection 

14 (a)(2)(C)(iii) of section 2320 of title 10, United States 

15 Code, is amended by inserting after ‘‘or process data’’ the 

16 following: ‘‘, including such data pertaining to a major 

17 system component’’. 

18 (b) RIGHTS RELATING TO INTERFACE OR MAJOR

19 SYSTEM INTERFACE.—Subsection (a)(2) of section 2320 

20 of such title is further amended— 

21 (1) by redesignating subparagraphs (E), (F), 

22 and (G) as subparagraphs (F), (I), and (J), respec23 tively; 

24 (2) in subparagraph (B), by striking ‘‘Except 

25 as provided in subparagraphs (C) and (D),’’ and inVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
951 

HR 4909 PCS

1 serting ‘‘Except as provided in subparagraphs (C), 

2 (D), and (E),’’; 

3 (3) in subparagraph (D)(i), by striking sub4 clause (II) and inserting the following: 

5 ‘‘(II) is a release, disclosure, or use of 

6 technical data pertaining to an interface 

7 between an item or process and other 

8 items or processes; or’’; 

9 (4) by inserting after subparagraph (D) the fol10 lowing new subparagraph (E): 

11 ‘‘(E) Notwithstanding subparagraph (B), the 

12 United States shall have government purpose rights 

13 in technical data pertaining to a major system inter14 face developed exclusively at private expense and 

15 used in a modular open system approach pursuant 

16 to section 2446a of this title.’’; 

17 (5) in subparagraph (F), as redesignated by 

18 paragraph (1), by striking ‘‘In the case of’’ and in19 serting ‘‘Except as provided in subparagraphs (G) 

20 and (H), in the case of’’; 

21 (6) by inserting after subparagraph (F), as so 

22 redesignated, the following new subparagraphs (G) 

23 and (H): 

24 ‘‘(G) Notwithstanding subparagraph (F), the 

25 United States shall have government purpose rights 


emcdonald on DSK3SPTVN1PROD with BILLS
952 

HR 4909 PCS

1 in technical data pertaining to an interface between 

2 an item or process and other items or processes that 

3 was developed in part with Federal funds and in 

4 part at private expense, except in any case in which 

5 the Secretary of Defense determines, on the basis of 

6 criteria established in the regulations, that negotia7 tion of different rights in such technical data would 

8 be in the best interest of the United States. 

9 ‘‘(H) Notwithstanding subparagraph (F), the 

10 United States shall have government purpose rights 

11 in technical data pertaining to a major system inter12 face developed in part with Federal funds and in 

13 part at private expense and used in a modular open 

14 system approach pursuant to section 2446a of this 

15 title.’’; and 

16 (7) in subparagraph (J), as redesignated by 

17 paragraph (1), by striking ‘‘provided under subpara18 graph (C) or (D),’’ and inserting ‘‘provided under 

19 subparagraph (C), (D), (E), or (H),’’. 

20 (c) AMENDMENT RELATING TO NEGOTIATED RIGHTS

21 FOR ITEM OR PROCESS DEVELOPED WITH MIXED FUND22 ING.—Section (a)(2)(F) of section 2320 of such title, as 

23 redesignated by subsection (b)(1) of this section, is further 

24 amended by striking the period at the end of the first sen25 tence in the matter preceding clause (i) and all that folVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
953 

HR 4909 PCS

1 lows through ‘‘establishment of any such negotiated rights 

2 shall’’ and inserting ‘‘and shall be based on negotiations 

3 between the United States and the contractor, except in 

4 any case in which the Secretary of Defense determines, 

5 on the basis of criteria established in the regulations, that 

6 negotiations would not be practicable. The establishment 

7 of such rights shall’’. 

8 (d) AMENDMENT RELATING TO DEFERRED ORDER9 ING.—Subsection (b)(9) of section 2320 of such title is 

10 amended— 

11 (1) by striking ‘‘at any time’’ and inserting ‘‘, 

12 until the date occurring six years after acceptance of 

13 the last item (other than technical data) under a 

14 contract or the date of contract termination, which15 ever is later,’’; 

16 (2) by striking ‘‘or utilized in the performance 

17 of a contract’’ and inserting ‘‘in the performance of 

18 the contract’’; and 

19 (3) by striking clause (ii) of subparagraph (B) 

20 and inserting the following: 

21 ‘‘(ii) is described in subparagraphs 

22 (D)(i)(II), (E), (G), and (H) of subsection 

23 (a)(2); and’’. 

24 (e) DEFINITIONS.—Section 2320 of such title is fur25 ther amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
954 

HR 4909 PCS

1 (1) in subsection (f), by inserting ‘‘COVERED

2 GOVERNMENT SUPPORT CONTRACTOR DEFINED.—’’ 

3 before ‘‘In this section’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(g) ADDITIONAL DEFINITIONS.—In this section, the 

7 terms ‘major system component’, ‘major system interface’, 

8 and ‘modular open system approach’ have the meanings 

9 provided in section 2446a of this title.’’. 

10 (f) AMENDMENTS TO ADD CERTAIN HEADINGS FOR

11 READABILITY.—Section 2320(a) of such title is further 

12 amended— 

13 (1) in subparagraph (A) of paragraph (2), by 

14 inserting after ‘‘(A)’’ the following: ‘‘DEVELOPMENT

15 EXCLUSIVELY WITH FEDERAL FUNDS.—’’; 

16 (2) in subparagraph (B) of such paragraph, by 

17 inserting after ‘‘(B)’’ the following: ‘‘DEVELOPMENT

18 EXCLUSIVELY AT PRIVATE EXPENSE.—’’; and 

19 (3) in subparagraph (F) of such paragraph, as 

20 redesignated by subsection (b) of this section, by in21 serting after ‘‘(F)’’ the following: ‘‘DEVELOPMENT

22 IN PART WITH FEDERAL FUNDS AND IN PART AT

23 PRIVATE EXPENSE.—’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
955 

HR 4909 PCS

1 TITLE XVIII—MATTERS RELAT2 ING TO SMALL BUSINESS 

3 PROCUREMENT 

4 Subtitle A—Improving Trans5 parency and Clarity for Small 

6 Businesses 

7 SEC. 1801. PLAIN LANGUAGE REWRITE OF REQUIREMENTS 

8 FOR SMALL BUSINESS PROCUREMENTS. 

9 Section 15(a) of the Small Business Act (15 U.S.C. 

10 644(a)) is amended to read as follows: 

11 ‘‘(a) SMALL BUSINESS PROCUREMENTS.— 

12 ‘‘(1) IN GENERAL.—For purposes of this Act, 

13 small business concerns shall receive any award or 

14 contract if such award or contract is, in the deter15 mination of the Administrator and the contracting 

16 agency, in the interest of— 

17 ‘‘(A) maintaining or mobilizing the full 

18 productive capacity of the United States; 

19 ‘‘(B) war or national defense programs; or 

20 ‘‘(C) assuring that a fair proportion of the 

21 total purchase and contracts for goods and 

22 services of the Government in each industry 

23 category (as described under paragraph (2)) are 

24 awarded to small business concerns. 

25 ‘‘(2) INDUSTRY CATEGORY DEFINED.— 


emcdonald on DSK3SPTVN1PROD with BILLS
956 

HR 4909 PCS

1 ‘‘(A) IN GENERAL.—In this subsection, the 

2 term ‘industry category’ means a discrete group 

3 of similar goods and services, as determined by 

4 the Administrator in accordance with the North 

5 American Industry Classification System codes 

6 used to establish small business size standards, 

7 except that the Administrator shall limit an in8 dustry category to a greater extent than pro9 vided under the North American Industry Clas10 sification codes if the Administrator receives 

11 evidence indicating that further segmentation of 

12 the industry category is warranted— 

13 ‘‘(i) due to special capital equipment 

14 needs; 

15 ‘‘(ii) due to special labor require16 ments; 

17 ‘‘(iii) due to special geographic re18 quirements, except as provided in subpara19 graph (B); 

20 ‘‘(iv) due to unique Federal buying 

21 patterns or requirements; or 

22 ‘‘(v) to recognize a new industry. 

23 ‘‘(B) EXCEPTION FOR GEOGRAPHIC RE24 QUIREMENTS.—The Administrator may not furVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
957 

HR 4909 PCS

1 ther segment an industry category based on ge2 ographic requirements unless— 

3 ‘‘(i) the Government typically des4 ignates the geographic area where work for 

5 contracts for goods or services is to be per6 formed; 

7 ‘‘(ii) Government purchases comprise 

8 the major portion of the entire domestic 

9 market for such goods or services; and 

10 ‘‘(iii) it is unreasonable to expect com11 petition from business concerns located 

12 outside of the general geographic area due 

13 to the fixed location of facilities, high mo14 bilization costs, or similar economic fac15 tors. 

16 ‘‘(3) DETERMINATIONS WITH RESPECT TO

17 AWARDS OR CONTRACTS.—Determinations made 

18 pursuant to paragraph (1) may be made for indi19 vidual awards or contracts, any part of an award or 

20 contract or task order, or for classes of awards or 

21 contracts or task orders. 

22 ‘‘(4) INCREASING PRIME CONTRACTING OPPOR23 TUNITIES FOR SMALL BUSINESS CONCERNS.— 

24 ‘‘(A) DESCRIPTION OF COVERED PRO25 POSED PROCUREMENTS.—The requirements of 


emcdonald on DSK3SPTVN1PROD with BILLS
958 

HR 4909 PCS

1 this paragraph shall apply to a proposed pro2 curement that includes in its statement of work 

3 goods or services currently being supplied or 

4 performed by a small business concern and, as 

5 determined by the Administrator— 

6 ‘‘(i) is in a quantity or of an esti7 mated dollar value which makes the par8 ticipation of a small business concern as a 

9 prime contractor unlikely; 

10 ‘‘(ii) in the case of a proposed pro11 curement for construction, if such pro12 posed procurement seeks to bundle or con13 solidate discrete construction projects; or 

14 ‘‘(iii) is a solicitation that involves an 

15 unnecessary or unjustified bundling of con16 tract requirements. 

17 ‘‘(B) NOTICE TO PROCUREMENT CENTER

18 REPRESENTATIVES.—With respect to proposed 

19 procurements described in subparagraph (A), at 

20 least 30 days before issuing a solicitation and 

21 concurrent with other processing steps required 

22 before issuing the solicitation, the contracting 

23 agency shall provide a copy of the proposed pro24 curement to the procurement center representa25 tive of the contracting agency (as described in 


emcdonald on DSK3SPTVN1PROD with BILLS
959 

HR 4909 PCS

1 subsection (l)) along with a statement explain2 ing— 

3 ‘‘(i) why the proposed procurement 

4 cannot be divided into reasonably small 

5 lots (not less than economic production 

6 runs) to permit offers on quantities less 

7 than the total requirement; 

8 ‘‘(ii) why delivery schedules cannot be 

9 established on a realistic basis that will en10 courage the participation of small business 

11 concerns in a manner consistent with the 

12 actual requirements of the Government; 

13 ‘‘(iii) why the proposed procurement 

14 cannot be offered to increase the likelihood 

15 of the participation of small business con16 cerns; 

17 ‘‘(iv) in the case of a proposed pro18 curement for construction, why the pro19 posed procurement cannot be offered as 

20 separate discrete projects; or 

21 ‘‘(v) why the agency has determined 

22 that the bundling of contract requirements 

23 is necessary and justified. 

24 ‘‘(C) ALTERNATIVES TO INCREASE PRIME

25 CONTRACTING OPPORTUNITIES FOR SMALL


emcdonald on DSK3SPTVN1PROD with BILLS
960 

HR 4909 PCS

1 BUSINESS CONCERNS.—If the procurement cen2 ter representative believes that the proposed 

3 procurement will make the participation of 

4 small business concerns as prime contractors 

5 unlikely, the procurement center representative, 

6 within 15 days after receiving the statement de7 scribed in subparagraph (B), shall recommend 

8 to the contracting agency alternative procure9 ment methods for increasing prime contracting 

10 opportunities for small business concerns. 

11 ‘‘(D) FAILURE TO AGREE ON AN ALTER12 NATIVE PROCUREMENT METHOD.—If the pro13 curement center representative and the con14 tracting agency fail to agree on an alternative 

15 procurement method, the Administrator shall 

16 submit the matter to the head of the appro17 priate department or agency for a determina18 tion. 

19 ‘‘(5) CONTRACTS FOR SALE OF GOVERNMENT

20 PROPERTY.—With respect to a contract for the sale 

21 of Government property, small business concerns 

22 shall receive any such contract if, in the determina23 tion of the Administrator and the disposal agency, 

24 the award of such contract is in the interest of as25 suring that a fair proportion of the total sales of 


emcdonald on DSK3SPTVN1PROD with BILLS
961 

HR 4909 PCS

1 Government property be made to small business con2 cerns. 

3 ‘‘(6) SALE OF ELECTRICAL POWER OR OTHER

4 PROPERTY.—Nothing in this subsection shall be con5 strued to change any preferences or priorities estab6 lished by law with respect to the sale of electrical 

7 power or other property by the Federal Government. 

8 ‘‘(7) COSTS EXCEEDING FAIR MARKET PRICE.— 

9 A contract may not be awarded under this sub10 section if the cost of the contract to the awarding 

11 agency exceeds a fair market price.’’. 

12 SEC. 1802. IMPROVING REPORTING ON SMALL BUSINESS 

13 GOALS. 

14 (a) IN GENERAL.—Section 15(h)(2)(E) of the Small 

15 Business Act (15 U.S.C. 644(h)(2)(E)) is amended— 

16 (1) in clause (i)— 

17 (A) in subclause (III), by striking ‘‘and’’ at 

18 the end; and 

19 (B) by adding at the end the following new 

20 subclauses: 

21 ‘‘(V) that were purchased by an22 other entity after the initial contract 

23 was awarded and as a result of the 

24 purchase, would no longer be deemed 


emcdonald on DSK3SPTVN1PROD with BILLS
962 

HR 4909 PCS

1 to be small business concerns for pur2 poses of the initial contract; and 

3 ‘‘(VI) that were awarded using a 

4 procurement method that restricted 

5 competition to small business concerns 

6 owned and controlled by service-dis7 abled veterans, qualified HUBZone 

8 small business concerns, small busi9 ness concerns owned and controlled by 

10 socially and economically disadvan11 taged individuals, small business con12 cerns owned and controlled by women, 

13 or a subset of any such concerns;’’; 

14 (2) in clause (ii)— 

15 (A) in subclause (IV), by striking ‘‘and’’ at 

16 the end; and 

17 (B) by adding at the end the following new 

18 subclauses: 

19 ‘‘(VI) that were purchased by an20 other entity after the initial contract 

21 was awarded and as a result of the 

22 purchase, would no longer be deemed 

23 to be small business concerns owned 

24 and controlled by service-disabled vetVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
963 

HR 4909 PCS

1 erans for purposes of the initial con2 tract; and 

3 ‘‘(VII) that were awarded using a 

4 procurement method that restricted 

5 competition to qualified HUBZone 

6 small business concerns, small busi7 ness concerns owned and controlled by 

8 socially and economically disadvan9 taged individuals, small business con10 cerns owned and controlled by women, 

11 or a subset of any such concerns;’’; 

12 (3) in clause (iii)— 

13 (A) in subclause (V), by striking ‘‘and’’ at 

14 the end; and 

15 (B) by adding at the end the following new 

16 subclauses: 

17 ‘‘(VII) that were purchased by 

18 another entity after the initial con19 tract was awarded and as a result of 

20 the purchase, would no longer be 

21 deemed to be qualified HUBZone 

22 small business concerns for purposes 

23 of the initial contract; and 

24 ‘‘(VIII) that were awarded using 

25 a procurement method that restricted 


emcdonald on DSK3SPTVN1PROD with BILLS
964 

HR 4909 PCS

1 competition to small business concerns 

2 owned and controlled by service-dis3 abled veterans, small business con4 cerns owned and controlled by socially 

5 and economically disadvantaged indi6 viduals, small business concerns 

7 owned and controlled by women, or a 

8 subset of any such concerns;’’; 

9 (4) in clause (iv)— 

10 (A) in subclause (V), by striking ‘‘and’’ at 

11 the end; and 

12 (B) by adding at the end the following new 

13 subclauses: 

14 ‘‘(VII) that were purchased by 

15 another entity after the initial con16 tract was awarded and as a result of 

17 the purchase, would no longer be 

18 deemed to be small business concerns 

19 owned and controlled by socially and 

20 economically disadvantaged individ21 uals for purposes of the initial con22 tract; and 

23 ‘‘(VIII) that were awarded using 

24 a procurement method that restricted 

25 competition to small business concerns 


emcdonald on DSK3SPTVN1PROD with BILLS
965 

HR 4909 PCS

1 owned and controlled by service-dis2 abled veterans, qualified HUBZone 

3 small business concerns, small busi4 ness concerns owned and controlled by 

5 women, or a subset of any such con6 cerns;’’; 

7 (5) in clause (v)— 

8 (A) in subclause (IV), by striking ‘‘and’’ at 

9 the end; 

10 (B) in subclause (V), by inserting ‘‘and’’ at 

11 the end; and 

12 (C) by adding at the end the following new 

13 subclause: 

14 ‘‘(VI) that were purchased by an15 other entity after the initial contract 

16 was awarded and as a result of the 

17 purchase, would no longer be deemed 

18 to be small business concerns owned 

19 by an Indian tribe other than an Alas20 ka Native Corporation for purposes of 

21 the initial contract;’’; 

22 (6) in clause (vi)— 

23 (A) in subclause (IV), by striking ‘‘and’’ at 

24 the end; 


emcdonald on DSK3SPTVN1PROD with BILLS
966 

HR 4909 PCS

1 (B) in subclause (V), by inserting ‘‘and’’ at 

2 the end; and 

3 (C) by adding at the end the following new 

4 subclause: 

5 ‘‘(VI) that were purchased by an6 other entity after the initial contract 

7 was awarded and as a result of the 

8 purchase, would no longer be deemed 

9 to be small business concerns owned 

10 by a Native Hawaiian Organization 

11 for purposes of the initial contract;’’; 

12 (7) in clause (vii)— 

13 (A) in subclause (IV), by striking ‘‘and’’ at 

14 the end; and 

15 (B) by adding at the end the following new 

16 subclause: 

17 ‘‘(VI) that were purchased by an18 other entity after the initial contract 

19 was awarded and as a result of the 

20 purchase, would no longer be deemed 

21 to be small business concerns owned 

22 by an Alaska Native Corporation for 

23 purposes of the initial contract; and’’; 

24 and 

25 (8) in clause (viii)— 


emcdonald on DSK3SPTVN1PROD with BILLS
967 

HR 4909 PCS

1 (A) in subclause (VII), by striking ‘‘and’’ 

2 at the end; 

3 (B) in subclause (VIII), by striking ‘‘and’’ 

4 at the end; and 

5 (C) by adding at the end the following new 

6 subclauses: 

7 ‘‘(IX) that were purchased by an8 other entity after the initial contract 

9 was awarded and as a result of the 

10 purchase, would no longer be deemed 

11 to be small business concerns owned 

12 and controlled by women for purposes 

13 of the initial contract; and 

14 ‘‘(X) that were awarded using a 

15 procurement method that restricted 

16 competition to small business concerns 

17 owned and controlled by service-dis18 abled veterans, qualified HUBZone 

19 small business concerns, small busi20 ness concerns owned and controlled by 

21 socially and economically disadvan22 taged individuals, or a subset of any 

23 such concerns; and’’. 

24 (b) EFFECTIVE DATE.—The Administrator of the 

25 Small Business Administration shall be required to report 


emcdonald on DSK3SPTVN1PROD with BILLS
968 

HR 4909 PCS

1 on the information required by sections 15(h)(2)(E)(i)(V), 

2 15(h)(2)(E)(ii)(VI), 15(h)(2)(E)(iii)(VII), 

3 15(h)(2)(E)(iv)(VII), 15(h)(2)(E)(v)(VI), 

4 15(h)(2)(E)(vi)(VI), 15(h)(2)(E)(vii)(VI), and 

5 15(h)(2)(E)(viii)(IX) only beginning on the date that the 

6 Federal Procurement Data System, System for Award 

7 Management or any new or successor system is able to 

8 report such data. 

9 SEC. 1803. TRANSPARENCY IN SMALL BUSINESS GOALS. 

10 Section 15(h)(3) of the Small Business Act (15 

11 U.S.C. 644(h)(3)) is amended to read as follows: 

12 ‘‘(3) PROCUREMENT DATA.— 

13 ‘‘(A) FEDERAL PROCUREMENT DATA SYS14 TEM.— 

15 ‘‘(i) IN GENERAL.—To assist in the 

16 implementation of this section, the Admin17 istrator shall have access to information 

18 collected through the Federal Procurement 

19 Data System, Federal Subcontracting Re20 porting System, or any new or successor 

21 system. 

22 ‘‘(ii) GSA REPORT.—On the date that 

23 the Administrator makes available the re24 port required by paragraph (2), the Ad25 ministrator of the General Services AdminVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
969 

HR 4909 PCS

1 istration shall submit a report to the Presi2 dent and Congress, and to make available 

3 on a public Web site, a report in the same 

4 form and manner, and including the same 

5 information, as the report under paragraph 

6 (2). Such report shall include all procure7 ments made for the period covered by the 

8 report and may not exclude any contract 

9 awarded. 

10 ‘‘(B) AGENCY PROCUREMENT DATA

11 SOURCES.—To assist in the implementation of 

12 this section, the head of each contracting agen13 cy shall provide, upon request of the Adminis14 trator, procurement information collected 

15 through agency data collection sources in exist16 ence at the time of the request. Contracting 

17 agencies shall not be required to establish new 

18 data collection systems to provide such data.’’. 

19 SEC. 1804. UNIFORMITY IN PROCUREMENT TERMINOLOGY. 

20 (a) IN GENERAL.—Section 15(j)(1) of the Small 

21 Business Act (15 U.S.C. 644(j)(1)) is amended by striking 

22 ‘‘greater than $2,500 but not greater than $100,000’’ and 

23 inserting ‘‘greater than the micro-purchase threshold, but 

24 not greater than the simplified acquisition threshold’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
970 

HR 4909 PCS

1 (b) TECHNICAL AMENDMENT.—Section 3(m) of the 

2 Small Business Act (15 U.S.C. 632(m)) is amended to 

3 read as follows: 

4 ‘‘(m) DEFINITIONS PERTAINING TO CON5 TRACTING.—In this Act: 

6 ‘‘(1) PRIME CONTRACT.—The term ‘prime con7 tract’ has the meaning given such term in section 

8 8701(4) of title 41, United States Code. 

9 ‘‘(2) PRIME CONTRACTOR.—The term ‘prime 

10 contractor’ has the meaning given such term in sec11 tion 8701(5) of title 41, United States Code. 

12 ‘‘(3) SIMPLIFIED ACQUISITION THRESHOLD.— 

13 The term ‘simplified acquisition threshold’ has the 

14 meaning given such term in section 134 of title 41, 

15 United States Code. 

16 ‘‘(4) MICRO-PURCHASE THRESHOLD.—The 

17 term ‘micro-purchase threshold’ has the meaning 

18 given such term in section 1902(a) of title 41, 

19 United States Code. 

20 ‘‘(5) TOTAL PURCHASE AND CONTRACTS FOR

21 PROPERTY AND SERVICES.—The term ‘total pur22 chases and contracts for property and services’ shall 

23 mean total number and total dollar amount of con24 tracts and orders for property and services.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
971 

HR 4909 PCS

1 Subtitle B—Clarifying the Roles of 

2 Small Business Advocates 

3 SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER 

4 REPRESENTATIVES. 

5 Section 15(l) of the Small Business Act (15 U.S.C. 

6 644(l)) is amended by adding at the end the following: 

7 ‘‘(9) SCOPE OF REVIEW.—The Administrator— 

8 ‘‘(A) may not limit the scope of review by 

9 the Procurement Center Representative for any 

10 solicitation of a contract or task order without 

11 regard to whether the contract or task order or 

12 part of the contract or task order is set aside 

13 for small business concerns, whether 1 or more 

14 contract or task order awards are reserved for 

15 small business concerns under a multiple award 

16 contract, or whether or not the solicitation 

17 would result in a bundled or consolidated con18 tract (as defined in subsection (s)) or a bundled 

19 or consolidated task order; and 

20 ‘‘(B) may, unless the contracting agency 

21 requests a review, limit the scope of review by 

22 the Procurement Center Representative for any 

23 solicitation of a contract or task order if such 

24 procurement is conducted pursuant to section 

25 22 of the Foreign Military Sales Act (22 U.S.C. 


emcdonald on DSK3SPTVN1PROD with BILLS
972 

HR 4909 PCS

1 2762), is a humanitarian operation as defined 

2 in section 401(e) of title 10, United States 

3 Code, or is for a contingency operation, as de4 fined in section 101(a)(13) of title 10, United 

5 States Code.’’. 

6 SEC. 1812. RESPONSIBILITIES OF COMMERCIAL MARKET 

7 REPRESENTATIVES. 

8 Section 4(h) of the Small Business Act (as added by 

9 section 865 of the National Defense Authorization Act for 

10 Fiscal Year 2016 (Public Law 114–92)) is amended to 

11 read as follows: 

12 ‘‘(h) COMMERCIAL MARKET REPRESENTATIVES.— 

13 ‘‘(1) DUTIES.—The principal duties of a Com14 mercial Market Representative employed by the Ad15 ministrator and reporting to the senior official ap16 pointed by the Administrator with responsibilities 

17 under sections 8, 15, 31, and 36 (or the designee of 

18 such official) shall be to advance the policies estab19 lished in section 8(d)(1) relating to subcontracting. 

20 Such duties shall include— 

21 ‘‘(A) helping prime contractors to find 

22 small business concerns that are capable of per23 forming subcontracts; 


emcdonald on DSK3SPTVN1PROD with BILLS
973 

HR 4909 PCS

1 ‘‘(B) for contractors awarded contracts 

2 containing the clause described in section 

3 8(d)(3), providing— 

4 ‘‘(i) counseling on the contractor’s re5 sponsibility to maximize subcontracting op6 portunities for small business concerns; 

7 ‘‘(ii) instruction on methods and tools 

8 to identify potential subcontractors that 

9 are small business concerns; and 

10 ‘‘(iii) assistance to increase awards to 

11 subcontractors that are small business con12 cerns through visits, training, and reviews 

13 of past performance; 

14 ‘‘(C) providing counseling on how a small 

15 business concern may promote its capacity to 

16 contractors awarded contracts containing the 

17 clause described in section 8(d)(3); and 

18 ‘‘(D) conducting periodic reviews of con19 tractors awarded contracts containing the 

20 clause described in section 8(d)(3) to assess 

21 compliance with subcontracting plans required 

22 under section 8(d)(6). 

23 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—Consistent with the 

25 requirements of subparagraph (B), a commerVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
974 

HR 4909 PCS

1 cial market representative referred to in section 

2 15(q)(3) shall have a Level I Federal Acquisi3 tion Certification in Contracting (or any suc4 cessor certification) or the equivalent Depart5 ment of Defense certification, except that a 

6 commercial market representative who was 

7 serving on or before the date of the enactment 

8 of the National Defense Authorization Act for 

9 Fiscal Year 2016 may continue to serve as a 

10 commercial market representative for a period 

11 of 5 years beginning on such date without such 

12 a certification. 

13 ‘‘(B) DELAY OF CERTIFICATION REQUIRE14 MENT.— 

15 ‘‘(i) TIMING.—The certification de16 scribed in subparagraph (A) is not re17 quired for any person serving as a com18 mercial market representative until the 

19 date that is one calendar year after the 

20 date such person is appointed as a com21 mercial market representative. 

22 ‘‘(ii) APPLICATION.—The require23 ments of clause (i) shall be included in any 

24 initial job posting for the position of a 

25 commercial market representative and 


emcdonald on DSK3SPTVN1PROD with BILLS
975 

HR 4909 PCS

1 shall apply to any person appointed as a 

2 commercial market representative after 

3 November 25, 2015.’’. 

4 SEC. 1813. DUTIES OF THE OFFICE OF SMALL AND DIS5 ADVANTAGED BUSINESS UTILIZATION. 

6 Section 15(k) of the Small Business Act (15 U.S.C. 

7 644(k)), as amended by section 870 of the National De8 fense Authorization Act for Fiscal Year 2016 (Public Law 

9 114–92), is amended— 

10 (1) by striking ‘‘section 8, 15 or 44’’ and in11 serting ‘‘section 8, 15, 31, 36, or 44’’; 

12 (2) by striking ‘‘sections 8 and 15’’ each place 

13 such term appears and inserting ‘‘sections 8, 15, 31, 

14 36, and 44’’; 

15 (3) in paragraph (10), by striking ‘‘section 

16 8(a)’’ and inserting ‘‘section 8, 15, 31, or 36’’; 

17 (4) in paragraph (17)(C), by striking the period 

18 at the end, and inserting ‘‘; and’’; 

19 (5) by inserting after paragraph (17) the fol20 lowing new paragraph: 

21 ‘‘(18) shall review summary data provided by 

22 purchase card issuers of purchases made by the 

23 agency greater than the micro-purchase threshold, 

24 and less than the simplified acquisition threshold to 

25 ensure that the purchases have been made in compliVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
976 

HR 4909 PCS

1 ance with the provisions of this Act and have been 

2 properly recorded in the Federal Procurement Data 

3 System, if the method of payment is a purchase card 

4 issued by the Department of Defense pursuant to 

5 section 2784 of title 10, United States Code, or by 

6 the head of an executive agency pursuant to section 

7 1909 of title 41, United States Code;’’; and 

8 (6) in paragraph (16)— 

9 (A) in subparagraph (B), by striking 

10 ‘‘and’’ at the end; and 

11 (B) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(D) any failure of the agency to comply 

14 with section 8, 15, 31, or 36;’’. 

15 SEC. 1814. IMPROVING CONTRACTOR COMPLIANCE. 

16 (a) REQUIREMENTS FOR THE OFFICE OF SMALL AND

17 DISADVANTAGED BUSINESS UTILIZATION.—Section 15(k) 

18 of the Small Business Act (15 U.S.C. 644(k)(8)), as 

19 amended by this Act, is further amended by inserting after 

20 paragraph (18) (as inserted by section 1813 of this Act) 

21 the following: 

22 ‘‘(19) shall provide assistance to a small busi23 ness concern awarded a contract or subcontract 

24 under this Act or under title 10 or title 41, United 

25 States Code, in finding resources for education and 


emcdonald on DSK3SPTVN1PROD with BILLS
977 

HR 4909 PCS

1 training on compliance with contracting regulations 

2 (including the Federal Acquisition Regulation) after 

3 award of such a contract or subcontract; and’’. 

4 (b) REQUIREMENTS UNDER THE MENTOR-PROTEGE

5 PROGRAM OF THE DEPARTMENT OF DEFENSE.—Section 

6 831(e)(1) of the National Defense Authorization Act for 

7 Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1607; 

8 10 U.S.C. 2302 note) is amended— 

9 (1) in subparagraph (B), by striking ‘‘and’’ at 

10 the end; 

11 (2) in subparagraph (C), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

13 (3) by inserting at the end the following new 

14 subparagraph: 

15 ‘‘(D) the assistance the mentor firm will 

16 provide to the protege firm in understanding 

17 contract regulations of the Federal Government 

18 and the Department of Defense (including the 

19 Federal Acquisition Regulation and the Defense 

20 Federal Acquisition Regulation Supplement) 

21 after award of a subcontract under this section, 

22 if applicable.’’. 

23 (c) RESOURCES FOR SMALL BUSINESS CONCERNS.— 

24 Section 15 of the Small Business Act (15 U.S.C. 644) is 


emcdonald on DSK3SPTVN1PROD with BILLS
978 

HR 4909 PCS

1 amended by adding at the end the following new sub2 section: 

3 ‘‘(t) POST-AWARD COMPLIANCE RESOURCES.—The 

4 Administrator shall provide to small business development 

5 centers and entities participating in the Procurement 

6 Technical Assistance Cooperative Agreement Program 

7 under chapter 142 of title 10, United States Code, and 

8 shall make available on the website of the Administration, 

9 a list of resources for small business concerns seeking edu10 cation and assistance on compliance with contracting reg11 ulations (including the Federal Acquisition Regulation) 

12 after award of a contract or subcontract.’’. 

13 (d) REQUIREMENTS FOR PROCUREMENT CENTER

14 REPRESENTATIVES.—Section 15(l)(2) of the Small Busi15 ness Act (15 U.S.C. 644(l)(2)) is amended— 

16 (1) by redesignating subparagraph (I) as sub17 paragraph (J); 

18 (2) in subparagraph (H), by striking ‘‘and’’ at 

19 the end; and 

20 (3) by inserting after subparagraph (H) the fol21 lowing new subparagraph: 

22 ‘‘(I) assist small business concerns with 

23 finding resources for education and training on 

24 compliance with contracting regulations (includVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
979 

HR 4909 PCS

1 ing the Federal Acquisition Regulation) after 

2 award of a contract or subcontract; and’’. 

3 (e) REQUIREMENTS UNDER THE MENTOR-PROTEGE

4 PROGRAM OF THE SMALL BUSINESS ADMINISTRATION.— 

5 Section 45(b)(3) of the Small Business Act (15 U.S.C. 

6 657r(b)(3)) is amended by adding at the end the following 

7 new subparagraph: 

8 ‘‘(K) The extent to which assistance with 

9 compliance with the requirements of contracting 

10 with the Federal Government after award of a 

11 contract or subcontract under this section.’’. 

12 SEC. 1815. RESPONSIBILITIES OF BUSINESS OPPORTUNITY 

13 SPECIALISTS. 

14 Section 4(g) of the Small Business Act (as added by 

15 section 865 of the National Defense Authorization Act for 

16 Fiscal Year 2016 (Public Law 114–92)) is amended to 

17 read as follows: 

18 ‘‘(g) BUSINESS OPPORTUNITY SPECIALISTS.— 

19 ‘‘(1) DUTIES.—The exclusive duties of a Busi20 ness Opportunity Specialist employed by the Admin21 istrator and reporting to the senior official appointed 

22 by the Administrator with responsibilities under sec23 tions 8, 15, 31, and 36 (or the designee of such offi24 cial) shall be to implement sections 7, 8, and 45 and 


emcdonald on DSK3SPTVN1PROD with BILLS
980 

HR 4909 PCS

1 to complete other duties related to contracting pro2 grams under this Act. Such duties shall include— 

3 ‘‘(A) with respect to small business con4 cerns eligible to receive contracts and sub5 contracts pursuant to section 8(a)— 

6 ‘‘(i) providing guidance, counseling, 

7 and referrals for assistance with technical, 

8 management, financial, or other matters 

9 that will improve the competitive viability 

10 of such concerns; 

11 ‘‘(ii) identifying causes of success or 

12 failure of such concerns; 

13 ‘‘(iii) providing comprehensive assess14 ments of such concerns, including identi15 fying the strengths and weaknesses of such 

16 concerns; 

17 ‘‘(iv) monitoring and documenting 

18 compliance with the requirements of sec19 tions 7 and 8 and any regulations imple20 menting those sections; 

21 ‘‘(v) explaining the requirements of 

22 sections 7, 8, 15, 31, 36 and 45; and 

23 ‘‘(vi) advising on compliance with con24 tracting regulations (including the Federal 


emcdonald on DSK3SPTVN1PROD with BILLS
981 

HR 4909 PCS

1 Acquisition Regulation) after award of 

2 such a contract or subcontract; 

3 ‘‘(B) reviewing and monitoring compliance 

4 with mentor-protege agreements under section 

5 45; 

6 ‘‘(C) representing the interests of the Ad7 ministrator and small business concerns in the 

8 award, modification, and administration of con9 tracts and subcontracts awarded pursuant to 

10 section 8(a); and 

11 ‘‘(D) reporting fraud or abuse under sec12 tion 7, 8, 15, 31, 36 or 45 or any regulations 

13 implementing such sections. 

14 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

15 ‘‘(A) IN GENERAL.—Consistent with the 

16 requirements of subparagraph (B), a Business 

17 Opportunity Specialist described under section 

18 7(j)(10)(D) shall have a Level I Federal Acqui19 sition Certification in Contracting (or any suc20 cessor certification) or the equivalent Depart21 ment of Defense certification, except that a 

22 Business Opportunity Specialist who was serv23 ing on or before January 3, 2013, may continue 

24 to serve as a Business Opportunity Specialist 


emcdonald on DSK3SPTVN1PROD with BILLS
982 

HR 4909 PCS

1 for a period of 5 years beginning on such date 

2 without such a certification. 

3 ‘‘(B) DELAY OF CERTIFICATION REQUIRE4 MENT.— 

5 ‘‘(i) TIMING.—The certification de6 scribed in subparagraph (A) is not re7 quired for any person serving as a Busi8 ness Opportunity Specialist until the date 

9 that is one calendar year after the date 

10 such person is appointed as a Business 

11 Opportunity Specialist. 

12 ‘‘(ii) APPLICATION.—The require13 ments of clause (i) shall be included in any 

14 initial job posting for the position of a 

15 Business Opportunity Specialist and shall 

16 apply to any person appointed as a Busi17 ness Opportunity Specialist after January 

18 3, 2013’’. 

19 Subtitle C—Strengthening Oppor20 tunities for Competition in Sub21 contracting 

22 SEC. 1821. GOOD FAITH IN SUBCONTRACTING. 

23 (a) TRANSPARENCY IN SUBCONTRACTING GOALS.— 

24 Section 8(d)(9) of the Small Business Act (15 U.S.C. 

25 637(d)(9)) is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
983 

HR 4909 PCS

1 (1) by striking ‘‘(9) The failure’’ and inserting 

2 the following: 

3 ‘‘(9) MATERIAL BREACH.—The failure’’; 

4 (2) in subparagraph (A), by striking ‘‘or’’ at 

5 the end; 

6 (3) in subparagraph (B), by inserting ‘‘or’’ at 

7 the end; 

8 (4) by inserting after subparagraph (B) the fol9 lowing: 

10 ‘‘(C) assurances provided under paragraph 

11 (6)(E),’’; and 

12 (5) by moving the margins of subparagraphs 

13 (A) and (B), and the matter after subparagraph (C) 

14 (as inserted by paragraph (4)), 2 ems to the right. 

15 (b) REVIEW OF SUBCONTRACTING PLANS.—Section 

16 15(k) of the Small Business Act (15 U.S.C. 644(k)) is 

17 amended by inserting after paragraph (19) (as inserted 

18 by section 1814 of this Act) the following: 

19 ‘‘(20) shall review all subcontracting plans re20 quired by section 8(d)(4) or 8(d)(5) to ensure that 

21 the plan provides maximum practicable opportunity 

22 for small business concerns to participate in the per23 formance of the contract to which the plan applies.’’. 

24 (c) GOOD FAITH COMPLIANCE.—Not later than 270 

25 days after the date of enactment of this title, the AdminisVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
984 

HR 4909 PCS

1 trator of the Small Business Administration shall provide 

2 examples of activities that would be considered a failure 

3 to make a good faith effort to comply with the require4 ments imposed on an entity (other than a small business 

5 concern as defined under section 3 of the Small Business 

6 Act (15 U.S.C. 632)) that is awarded a prime contract 

7 containing the clauses required under paragraph (4) or (5) 

8 of section 8(d) of the Small Business Act (15 U.S.C. 

9 637(d)). 

10 SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES 

11 FOR QUALIFIED SUBCONTRACTORS TO OB12 TAIN PAST PERFORMANCE RATINGS. 

13 Section 8(d) of the Small Business Act (15 U.S.C. 

14 637(d)), as amended by this Act, is further amended by 

15 adding at the end the following new paragraph: 

16 ‘‘(18) PILOT PROGRAM PROVIDING PAST PER17 FORMANCE RATINGS FOR OTHER SMALL BUSINESS

18 SUBCONTRACTORS.— 

19 ‘‘(A) ESTABLISHMENT.—The Adminis20 trator shall establish a pilot program for a 

21 small business concern without a past perform22 ance rating as a prime contractor performing as 

23 a first tier subcontractor for a covered contract 

24 (as defined in paragraph 13(A)) to request a 

25 past performance rating in the system used by 


emcdonald on DSK3SPTVN1PROD with BILLS
985 

HR 4909 PCS

1 the Federal Government to monitor or record 

2 contractor past performance. 

3 ‘‘(B) APPLICATION.—A small business con4 cern described in subparagraph (A) shall sub5 mit an application to the appropriate official for 

6 a past performance rating. Such application 

7 shall include written evidence of the past per8 formance factors for which the small business 

9 concern seeks a rating and a suggested rating. 

10 ‘‘(C) DETERMINATION.—The appropriate 

11 official shall submit the application from the 

12 small business concern to the Office of Small 

13 and Disadvantaged Business Utilization for the 

14 covered contract and to the prime contractor 

15 for review. The Office of Small and Disadvan16 taged Business Utilization and the prime con17 tractor shall, not later than 30 days after re18 ceipt of the application, submit to the appro19 priate official a response regarding the applica20 tion. 

21 ‘‘(i) AGREEMENT ON RATING.—If the 

22 Office of Small and Disadvantaged Busi23 ness Utilization and the prime contractor 

24 agree on a past performance rating, or if 

25 either the Office of Small and DisadvanVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
986 

HR 4909 PCS

1 taged Business Utilization or the prime 

2 contractor fail to respond and the respond3 ing individual agrees with the rating of the 

4 applicant small business concern, the ap5 propriate official shall enter the agreed6 upon past performance rating in the sys7 tem described in subparagraph (A). 

8 ‘‘(ii) DISAGREEMENT ON RATING.—If 

9 the Office of Small and Disadvantaged 

10 Business Utilization and the prime con11 tractor fail to respond within 30 days or if 

12 they disagree about the rating, or if either 

13 the Office of Small and Disadvantaged 

14 Business Utilization or the prime con15 tractor fail to respond and the responding 

16 individual disagrees with the rating of the 

17 applicant small business concern, the Of18 fice of Small and Disadvantaged Business 

19 Utilization or the prime contractor shall 

20 submit a notice contesting the application 

21 to the appropriate official. The appropriate 

22 official shall follow the requirements of 

23 subparagraph (D). 

24 ‘‘(D) PROCEDURE FOR RATING.—Not later 

25 than 14 calendar days after receipt of a notice 


emcdonald on DSK3SPTVN1PROD with BILLS
987 

HR 4909 PCS

1 under subparagraph (C)(ii), the appropriate of2 ficial shall submit such notice to the applicant 

3 small business concern. Such concern may sub4 mit comments, rebuttals, or additional informa5 tion relating to the past performance of such 

6 concern not later 14 calendar days after receipt 

7 of such notice. The appropriate official shall 

8 enter into the system described in subparagraph 

9 (A) a rating that is neither favorable nor unfa10 vorable along with the initial application from 

11 the small business concern, the responses of the 

12 Office of Small and Disadvantaged Business 

13 Utilization and the prime contractor, and any 

14 additional information provided by the small 

15 business concern. A copy of the information 

16 submitted shall be provided to the contracting 

17 officer (or designee of such officer) for the cov18 ered contract. 

19 ‘‘(E) USE OF INFORMATION.—A small 

20 business subcontractor may use a past perform21 ance rating given under this paragraph to es22 tablish its past performance for a prime con23 tract. 

24 ‘‘(F) DURATION.—The pilot program es25 tablished under this paragraph shall terminate 


emcdonald on DSK3SPTVN1PROD with BILLS
988 

HR 4909 PCS

1 3 years after the date on which the first small 

2 business concern receives a past performance 

3 rating for performance as a first tier subcon4 tractor. 

5 ‘‘(G) REPORT.—The Comptroller General 

6 of the United States shall begin an assessment 

7 of the pilot program 1 year after the establish8 ment of such program. Not later than 6 months 

9 after beginning such assessment, the Comp10 troller General shall submit a report to the 

11 Committee on Small Business and Entrepre12 neurship of the Senate and the Committee on 

13 Small Business of the House of Representa14 tives, which shall include— 

15 ‘‘(i) the number of small business con16 cerns that have received past performance 

17 ratings under the pilot program; 

18 ‘‘(ii) the number of applications in 

19 which the contracting officer (or designee) 

20 or the prime contractor contested the ap21 plication of the small business concern; 

22 ‘‘(iii) any suggestions or recommenda23 tions the Comptroller General or the small 

24 business concerns participating in the pro25 gram have to address disputes between the 


emcdonald on DSK3SPTVN1PROD with BILLS
989 

HR 4909 PCS

1 small business concern, the contracting of2 ficer (or designee), and the prime con3 tractor on past performance ratings; 

4 ‘‘(iv) the number of small business 

5 concerns awarded prime contracts after re6 ceiving a past performance rating under 

7 this pilot; and 

8 ‘‘(v) any suggestions or recommenda9 tion the Comptroller General has to im10 prove the operation of the pilot program. 

11 ‘‘(H) APPROPRIATE OFFICIAL DEFINED.— 

12 In this paragraph, the term ‘appropriate offi13 cial’ means a Commercial Market Representa14 tive or other individual designated by the senior 

15 official appointed by the Administrator with re16 sponsibilities under sections 8, 15, 31, and 

17 36.’’. 

18 Subtitle D—Mentor-Protege 

19 Programs 

20 SEC. 1831. AMENDMENTS TO THE MENTOR-PROTEGE PRO21 GRAM OF THE DEPARTMENT OF DEFENSE. 

22 Section 831 of the National Defense Authorization 

23 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 

24 1607; 10 U.S.C. 2302 note) is amended— 

25 (1) in subsection (d)— 


emcdonald on DSK3SPTVN1PROD with BILLS
990 

HR 4909 PCS

1 (A) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) prior to the approval of that agreement, 

4 the Administrator of the Small Business Administra5 tion had made no finding of affiliation between the 

6 mentor firm and the protege firm;’’; 

7 (B) by redesignating paragraph (2) as 

8 paragraph (3); and 

9 (C) by inserting after paragraph (1) the 

10 following new paragraph: 

11 ‘‘(2)(A) the Administrator of the Small Busi12 ness Administration does not have a current finding 

13 of affiliation between the mentor firm and protege 

14 firm; or 

15 ‘‘(B) the Secretary, after considering the regu16 lations promulgated by the Administrator of the 

17 Small Business Administration regarding affili18 ation— 

19 ‘‘(i) does not have reason to believe that 

20 the mentor firm affiliated with the protege firm; 

21 or 

22 ‘‘(ii) has received a formal determination 

23 of no affiliation between the mentor firm and 

24 protege firm from the Administrator after havVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
991 

HR 4909 PCS

1 ing submitted a question of affiliation to the 

2 Administrator; and’’; 

3 (2) in subsection (n), by amending paragraph 

4 (9) to read as follows: 

5 ‘‘(9) The term ‘affiliation’, with respect to a re6 lationship between a mentor firm and a protege 

7 firm, means a relationship described under section 

8 121.103 of title 13, Code of Federal Regulations (or 

9 any successor regulation).’’; and 

10 (3) in subsection (f)(6)— 

11 (A) in subparagraph (B), by striking ‘‘or’’ 

12 at the end; 

13 (B) in subparagraph (C), by striking the 

14 period at the end and inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(D) women’s business centers described 

17 in section 29 of the Small Business Act (15 

18 U.S.C. 656).’’. 

19 SEC. 1832. IMPROVING COOPERATION BETWEEN THE MEN20 TOR-PROTEGE PROGRAMS OF THE SMALL 

21 BUSINESS ADMINISTRATION AND THE DE22 PARTMENT OF DEFENSE. 

23 Section 45(b)(4) of the Small Business Act (15 

24 U.S.C. 657r(b)(4)) is amended by striking subparagraph 


emcdonald on DSK3SPTVN1PROD with BILLS
992 

HR 4909 PCS

1 (A) and redesignating subparagraphs (B) and (C) as sub2 paragraphs (A) and (B), respectively. 

3 Subtitle E—Women’s Business 

4 Programs 

5 SEC. 1841. OFFICE OF WOMEN’S BUSINESS OWNERSHIP. 

6 Section 29(g) of the Small Business Act (15 U.S.C. 

7 656(g)) is amended— 

8 (1) in paragraph (2), by striking subparagraphs 

9 (B) and (C) and inserting the following: 

10 ‘‘(B) RESPONSIBILITIES.—The responsibil11 ities of the Assistant Administrator shall be to 

12 administer the programs and services of the Of13 fice of Women’s Business Ownership. 

14 ‘‘(C) DUTIES.—The Assistant Adminis15 trator shall perform the following functions 

16 with respect to the Office of Women’s Business 

17 Ownership: 

18 ‘‘(i) Recommend the annual adminis19 trative and program budgets of the Office 

20 and eligible entities receiving a grant 

21 under the Women’s Business Center Pro22 gram. 

23 ‘‘(ii) Review the annual budgets sub24 mitted by each eligible entity receiving a 


emcdonald on DSK3SPTVN1PROD with BILLS
993 

HR 4909 PCS

1 grant under the Women’s Business Center 

2 Program. 

3 ‘‘(iii) Select applicants to receive 

4 grants to operate a women’s business cen5 ter after reviewing information required by 

6 this section, including the budget of each 

7 applicant. 

8 ‘‘(iv) Collaborate with other Federal 

9 departments and agencies, State and local 

10 governments, not-for-profit organizations, 

11 and for-profit enterprises to maximize uti12 lization of taxpayer dollars and reduce (or 

13 eliminate) any duplication among the pro14 grams overseen by the Office of Women’s 

15 Business Ownership and those of other en16 tities that provide similar services to 

17 women entrepreneurs. 

18 ‘‘(v) Maintain a clearinghouse to pro19 vide for the dissemination and exchange of 

20 information between women’s business cen21 ters. 

22 ‘‘(vi) Serve as the vice chairperson of 

23 the Interagency Committee on Women’s 

24 Business Enterprise and as the liaison for 


emcdonald on DSK3SPTVN1PROD with BILLS
994 

HR 4909 PCS

1 the National Women’s Business Council.’’; 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(3) MISSION.—The mission of the Office of 

5 Women’s Business Ownership shall be to assist 

6 women entrepreneurs to start, grow, and compete in 

7 global markets by providing quality support with ac8 cess to capital, access to markets, job creation, 

9 growth, and counseling by— 

10 ‘‘(A) fostering participation of women en11 trepreneurs in the economy by overseeing a net12 work of women’s business centers throughout 

13 States and territories; 

14 ‘‘(B) creating public-private partnerships 

15 to support women entrepreneurs and conduct 

16 outreach and education to startup and existing 

17 small business concerns owned and controlled 

18 by women; and 

19 ‘‘(C) working with other programs over20 seen by the Administrator to ensure women are 

21 well-represented and being served and to iden22 tify gaps where participation by women could 

23 be increased. 

24 ‘‘(4) ACCREDITATION PROGRAM.— 


emcdonald on DSK3SPTVN1PROD with BILLS
995 

HR 4909 PCS

1 ‘‘(A) ESTABLISHMENT.—Not later than 

2 270 days after the date of enactment of this 

3 paragraph, the Administrator shall establish 

4 standards for an accreditation program for ac5 crediting eligible entities receiving a grant 

6 under this section. 

7 ‘‘(B) TRANSITION PROVISION.—Before the 

8 date on which standards are established under 

9 subparagraph (A), the Administrator may not 

10 terminate a grant under this section absent evi11 dence of fraud or other criminal misconduct by 

12 the recipient. 

13 ‘‘(C) CONTRACTING AUTHORITY.—The Ad14 ministrator may provide financial assistance, by 

15 contract or otherwise, to a relevant national 

16 women’s business center representative associa17 tion to provide assistance in establishing the 

18 standards required under subparagraph (A) or 

19 for carrying out an accreditation program pur20 suant to such standards.’’. 

21 SEC. 1842. WOMEN’S BUSINESS CENTER PROGRAM. 

22 (a) DEFINITIONS.—Section 29(a) of the Small Busi23 ness Act (15 U.S.C. 656(a)) is amended— 

24 (1) by striking paragraph (4); 


emcdonald on DSK3SPTVN1PROD with BILLS
996 

HR 4909 PCS

1 (2) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) the term ‘eligible entity’ means— 

6 ‘‘(A) an organization described in section 

7 501(c) of the Internal Revenue Code of 1986 

8 and exempt from taxation under section 501(a) 

9 of such Code; 

10 ‘‘(B) a State, regional, or local economic 

11 development organization, so long as the orga12 nization certifies that grant funds received 

13 under this section will not be commingled with 

14 other funds; 

15 ‘‘(C) an institution of higher education, 

16 unless such institution is currently receiving a 

17 grant under section 21; 

18 ‘‘(D) a development, credit, or finance cor19 poration chartered by a State, so long as the 

20 corporation certifies that grant funds received 

21 under this section will not be commingled with 

22 other funds; or 

23 ‘‘(E) any combination of entities listed in 

24 subparagraphs (A) through (D);’’; and 

25 (4) by adding at the end the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
997 

HR 4909 PCS

1 ‘‘(5) the term ‘women’s business center’ means 

2 the location at which counseling and training on the 

3 management, operations (including manufacturing, 

4 services, and retail), access to capital, international 

5 trade, Government procurement opportunities, and 

6 any other matter is needed to start, maintain, or ex7 pand a small business concern owned and controlled 

8 by women.’’. 

9 (b) AUTHORITY.—Section 29(b) of the Small Busi10 ness Act (15 U.S.C. 656(b)) is amended— 

11 (1) by redesignating paragraphs (1), (2), and 

12 (3) as subparagraphs (A), (B), and (C), respectively, 

13 and adjusting the margins accordingly; 

14 (2) by striking ‘‘The Administration’’ and all 

15 that follows through ‘‘5-year projects’’ and inserting 

16 the following: 

17 ‘‘(1) IN GENERAL.—There is established a 

18 Women’s Business Center Program under which the 

19 Administrator may provide a grant to any eligible 

20 entity to operate one or more women’s business cen21 ters’’; 

22 (3) by striking ‘‘The projects shall’’ and insert23 ing the following: 

24 ‘‘(2) USE OF FUNDS.—The women’s business 

25 centers shall be designed to provide counseling and 


emcdonald on DSK3SPTVN1PROD with BILLS
998 

HR 4909 PCS

1 training that meets the needs of women, especially 

2 socially or economically disadvantaged women, and 

3 shall’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(3) AMOUNT OF GRANTS.— 

6 ‘‘(A) IN GENERAL.—The amount of a 

7 grant provided under this subsection to an eligi8 ble entity per project year shall be not more 

9 than $185,000 (as such amount is annually ad10 justed by the Administrator to reflect the 

11 change in inflation). 

12 ‘‘(B) ADDITIONAL GRANTS.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 subparagraph (A), with respect to an eligi15 ble entity that has received $185,000 in 

16 grants under this subsection in a project 

17 year, the Administrator may award an ad18 ditional grant under this subsection of up 

19 to $65,000 during such project year if the 

20 Administrator determines that the eligible 

21 entity— 

22 ‘‘(I) agrees to obtain, after its 

23 application has been approved and no24 tice of award has been issued, cash 

25 contributions from non-Federal 


emcdonald on DSK3SPTVN1PROD with BILLS
999 

HR 4909 PCS

1 sources of 1 non-Federal dollar for 

2 each Federal dollar; 

3 ‘‘(II) is in good standing with the 

4 Women’s Business Center Program; 

5 and 

6 ‘‘(III) has met performance goals 

7 for the previous project year, if appli8 cable. 

9 ‘‘(ii) LIMITATIONS.—The Adminis10 trator may only award additional grants 

11 under clause (i)— 

12 ‘‘(I) during the 3rd and 4th 

13 quarters of the fiscal year; and 

14 ‘‘(II) from unobligated amounts 

15 made available to the Administrator 

16 to carry out this section. 

17 ‘‘(4) NOTICE AND COMMENT REQUIRED.—The 

18 Administrator may only make a change to the stand19 ards by which an eligible entity obtains or maintains 

20 grants under this section, the standards for accredi21 tation, or any other requirement for the operation of 

22 a women’s business center if the Administrator first 

23 provides notice and the opportunity for public com24 ment, as set forth in section 553(b) of title 5, 


emcdonald on DSK3SPTVN1PROD with BILLS
1000 

HR 4909 PCS

1 United States Code, without regard to any excep2 tions provided for under such section.’’. 

3 (c) CONDITIONS OF PARTICIPATION.—Section 29(c) 

4 of the Small Business Act (15 U.S.C. 656(c)) is amend5 ed— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘the recipient organiza8 tion’’ and inserting ‘‘an eligible entity’’; and 

9 (B) by striking ‘‘financial assistance’’ and 

10 inserting ‘‘a grant’’; 

11 (2) in paragraph (3)— 

12 (A) by striking ‘‘financial assistance au13 thorized pursuant to this section may be made 

14 by grant, contract, or cooperative agreement 

15 and’’ and inserting ‘‘grants authorized pursuant 

16 to this section’’; and 

17 (B) in the second sentence, by striking ‘‘a 

18 recipient organization’’ and inserting ‘‘an eligi19 ble entity’’; 

20 (3) in paragraph (4)— 

21 (A) by striking ‘‘recipient of assistance’’ 

22 and inserting ‘‘eligible entity’’; 

23 (B) by striking ‘‘during any project, it 

24 shall not be eligible thereafter’’ and inserting 

25 ‘‘during any project for 2 consecutive years, the 


emcdonald on DSK3SPTVN1PROD with BILLS
1001 

HR 4909 PCS

1 eligible entity shall not be eligible at any time 

2 after that 2-year period’’; 

3 (C) by striking ‘‘such organization’’ and 

4 inserting ‘‘the eligible entity’’; and 

5 (D) by striking ‘‘the recipient’’ and insert6 ing ‘‘the eligible entity’’; and 

7 (4) by adding at end the following: 

8 ‘‘(5) SEPARATION OF PROJECT AND FUNDS.— 

9 An eligible entity shall— 

10 ‘‘(A) carry out a project under this section 

11 separately from other projects, if any, of the eli12 gible entity; and 

13 ‘‘(B) separately maintain and account for 

14 any grants under this section. 

15 ‘‘(6) EXAMINATION OF ELIGIBLE ENTITIES.— 

16 ‘‘(A) REQUIRED SITE VISIT.—Each appli17 cant, prior to receiving a grant under this sec18 tion, shall have a site visit by an employee of 

19 the Administration, in order to ensure that the 

20 applicant has sufficient resources to provide the 

21 services for which the grant is being provided. 

22 ‘‘(B) ANNUAL REVIEW.—An employee of 

23 the Administration shall— 

24 ‘‘(i) conduct an annual review of the 

25 compliance of each eligible entity receiving 


emcdonald on DSK3SPTVN1PROD with BILLS
1002 

HR 4909 PCS

1 a grant under this section with the grant 

2 agreement, including a financial examina3 tion; and 

4 ‘‘(ii) provide such review to the eligi5 ble entity as required under subsection (l). 

6 ‘‘(7) REMEDIATION OF PROBLEMS.— 

7 ‘‘(A) PLAN OF ACTION.—If a review of an 

8 eligible entity under paragraph (6)(B) identifies 

9 any problems, the eligible entity shall, within 45 

10 calendar days of receiving such review, provide 

11 the Assistant Administrator with a plan of ac12 tion, including specific milestones, for cor13 recting such problems. 

14 ‘‘(B) PLAN OF ACTION REVIEW BY THE AS15 SISTANT ADMINISTRATOR.—The Assistant Ad16 ministrator shall review each plan of action sub17 mitted under subparagraph (A) within 30 cal18 endar days of receiving such plan and— 

19 ‘‘(i) if the Assistant Administrator de20 termines that such plan will bring the eligi21 ble entity into compliance with all the 

22 terms of the grant agreement, approve 

23 such plan; 

24 ‘‘(ii) if the Assistant Administrator 

25 determines that such plan is inadequate to 


emcdonald on DSK3SPTVN1PROD with BILLS
1003 

HR 4909 PCS

1 remedy the problems identified in the an2 nual review to which the plan of action re3 lates, the Assistant Administrator shall set 

4 forth such reasons in writing and provide 

5 such determination to the eligible entity 

6 within 15 calendar days of such determina7 tion. 

8 ‘‘(C) AMENDMENT TO PLAN OF ACTION.— 

9 An eligible entity receiving a determination 

10 under subparagraph (B)(ii) shall have 30 cal11 endar days from the receipt of the determina12 tion to amend the plan of action to satisfy the 

13 problems identified by the Assistant Adminis14 trator and resubmit such plan to the Assistant 

15 Administrator. 

16 ‘‘(D) AMENDED PLAN REVIEW BY THE AS17 SISTANT ADMINISTRATOR.—Within 15 calendar 

18 days of the receipt of an amended plan of ac19 tion under subparagraph (C), the Assistant Ad20 ministrator shall either approve or reject such 

21 plan and provide such approval or rejection in 

22 writing to the eligible entity. 

23 ‘‘(E) APPEAL OF ASSISTANT ADMINIS24 TRATOR DETERMINATION.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1004 

HR 4909 PCS

1 ‘‘(i) IN GENERAL.—If the Assistant 

2 Administrator rejects an amended plan 

3 under subparagraph (D), the eligible entity 

4 shall have the opportunity to appeal such 

5 decision to the Administrator, who may 

6 delegate such appeal to an appropriate of7 ficer of the Administration. 

8 ‘‘(ii) OPPORTUNITY FOR EXPLA9 NATION.—Any appeal described under 

10 clause (i) shall provide an opportunity for 

11 the eligible entity to provide, in writing, an 

12 explanation of why the eligible entity’s plan 

13 remedies the problems identified in the an14 nual review. 

15 ‘‘(iii) NOTICE OF DETERMINATION.— 

16 The determination of the appeal shall be 

17 provided to the eligible entity, in writing, 

18 within 15 calendar days from the eligible 

19 entity’s filing of the appeal. 

20 ‘‘(iv) EFFECT OF FAILURE TO ACT.— 

21 If the Administrator fails to act on an ap22 peal made under this subparagraph within 

23 the 15 calendar day period specified under 

24 clause (iii), the eligible entity’s amended 


emcdonald on DSK3SPTVN1PROD with BILLS
1005 

HR 4909 PCS

1 plan of action submitted under subpara2 graph (C) shall be deemed to be approved. 

3 ‘‘(8) TERMINATION OF GRANT.— 

4 ‘‘(A) IN GENERAL.—The Administrator 

5 shall require that, if an eligible entity fails to 

6 comply with a plan of action approved by the 

7 Assistant Administrator under paragraph 

8 (7)(B)(i) or an amended plan of action ap9 proved by the Assistant Administrator under 

10 paragraph (7)(D) or approved on appeal under 

11 paragraph (7)(E), the Assistant Administrator 

12 shall terminate the grant provided to the eligi13 ble entity under this section. 

14 ‘‘(B) APPEAL OF TERMINATION.—An eligi15 ble entity that has a grant terminated under 

16 subparagraph (A) shall have the opportunity to 

17 challenge the termination on the record and 

18 after an opportunity for a hearing. 

19 ‘‘(C) FINAL AGENCY ACTION.—The deter20 mination made pursuant to subparagraph (B) 

21 shall be considered final agency action for the 

22 purposes of chapter 7, title 5, United States 

23 Code.’’. 

24 (d) SUBMISSION OF 5-YEAR PLAN.—Section 29(e) of 

25 the Small Business Act (15 U.S.C. 656(e)) is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
1006 

HR 4909 PCS

1 (1) by striking ‘‘applicant organization’’ and in2 serting ‘‘eligible entity’’; 

3 (2) by striking ‘‘a recipient organization’’ and 

4 inserting ‘‘an eligible entity’’; 

5 (3) by striking ‘‘financial assistance’’ and in6 serting ‘‘grants’’; and 

7 (4) by striking ‘‘site’’. 

8 (e) APPLICATIONS AND CRITERIA FOR INITIAL

9 GRANT.—Subsection (f) of section 29 of the Small Busi10 ness Act (15 U.S.C. 656) is amended to read as follows: 

11 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL

12 GRANT.— 

13 ‘‘(1) APPLICATION.—Each eligible entity desir14 ing a grant under subsection (b) shall submit to the 

15 Administrator an application that contains— 

16 ‘‘(A) a certification that the eligible enti17 ty— 

18 ‘‘(i) has designated an executive direc19 tor or program manager, who may be com20 pensated using grant funds under sub21 section (b) or other sources, to manage the 

22 women’s business center for which a grant 

23 under subsection (b) is sought; 

24 ‘‘(ii) meets the accounting and report25 ing requirements established by the DirecVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1007 

HR 4909 PCS

1 tor of the Office of Management and 

2 Budget; 

3 ‘‘(B) information demonstrating that the 

4 eligible entity has the ability and resources to 

5 meet the needs of the market to be served by 

6 the women’s business center, including the abil7 ity to obtain the non-Federal contribution re8 quired under subsection (c); 

9 ‘‘(C) information relating to the assistance 

10 to be provided by the women’s business center 

11 in the area in which the women’s business cen12 ter is located; 

13 ‘‘(D) information demonstrating the expe14 rience and effectiveness of the eligible entity 

15 in— 

16 ‘‘(i) conducting the services described 

17 under subsection (a)(5); 

18 ‘‘(ii) providing training and services to 

19 a representative number of women who are 

20 socially or economically disadvantaged; and 

21 ‘‘(iii) working with resource partners 

22 of the Administration and other entities, 

23 such as universities; and 

24 ‘‘(E) a 5-year plan that describes the abil25 ity of the eligible entity to provide the services 


emcdonald on DSK3SPTVN1PROD with BILLS
1008 

HR 4909 PCS

1 described under subsection (a)(3), including to 

2 a representative number of women who are so3 cially or economically disadvantaged. 

4 ‘‘(2) REVIEW AND APPROVAL OF APPLICATIONS

5 FOR INITIAL GRANTS.— 

6 ‘‘(A) REVIEW AND SELECTION OF ELIGI7 BLE ENTITIES.— 

8 ‘‘(i) IN GENERAL.—The Administrator 

9 shall review applications to determine 

10 whether the applicant can meet obligations 

11 to perform the activities required by a 

12 grant under this section, including— 

13 ‘‘(I) the experience of the appli14 cant in conducting activities required 

15 by this section; 

16 ‘‘(II) the amount of time needed 

17 for the applicant to commence oper18 ations should it be awarded a grant; 

19 ‘‘(III) the capacity of the appli20 cant to meet the accreditation stand21 ards established by the Administrator 

22 in a timely manner; 

23 ‘‘(IV) the ability of the applicant 

24 to sustain operations for more than 5 

25 years (including its ability to obtain 


emcdonald on DSK3SPTVN1PROD with BILLS
1009 

HR 4909 PCS

1 sufficient non-Federal funds for that 

2 period); 

3 ‘‘(V) the location of the women’s 

4 business center and its proximity to 

5 other grant recipients under this sec6 tion; and 

7 ‘‘(VI) the population density of 

8 the area to be served by the women’s 

9 business center. 

10 ‘‘(ii) SELECTION CRITERIA.— 

11 ‘‘(I) GUIDANCE.—The Adminis12 trator shall issue guidance (after pro13 viding an opportunity for notice and 

14 comment) to specify the criteria for 

15 review and selection of applicants 

16 under this subsection. 

17 ‘‘(II) MODIFICATIONS PROHIB18 ITED AFTER ANNOUNCEMENT.—With 

19 respect to a public announcement of 

20 any opportunity to be awarded a 

21 grant under this section made by the 

22 Administrator pursuant to subsection 

23 (l)(1), the Administrator may not 

24 modify guidance issued pursuant to 

25 subclause (I) with respect to such opVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1010 

HR 4909 PCS

1 portunity unless required to do so by 

2 an Act of Congress or an order of a 

3 Federal court. 

4 ‘‘(III) RULE OF CONSTRUC5 TION.—Nothing in this clause may be 

6 construed as prohibiting the Adminis7 trator from modifying the guidance 

8 issued pursuant to subclause (I) (after 

9 providing an opportunity for notice 

10 and comment) as such guidance ap11 plies to an opportunity to be awarded 

12 a grant under this section that the 

13 Administrator has not yet publicly an14 nounced pursuant to subsection (l)(1). 

15 ‘‘(B) RECORD RETENTION.— 

16 ‘‘(i) IN GENERAL.—The Administrator 

17 shall maintain a copy of each application 

18 submitted under this subsection for not 

19 less than 5 years. 

20 ‘‘(ii) PAPERWORK REDUCTION.—The 

21 Administrator shall take steps to reduce, 

22 to the maximum extent practicable, the pa23 perwork burden associated with carrying 

24 out clause (i).’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1011 

HR 4909 PCS

1 (f) NOTIFICATION REQUIREMENTS UNDER THE

2 WOMEN’S BUSINESS CENTER PROGRAM.—Section 29 of 

3 the Small Business Act (15 U.S.C. 656) is amended by 

4 inserting after subsection (k) the following: 

5 ‘‘(l) NOTIFICATION REQUIREMENTS UNDER THE

6 WOMEN’S BUSINESS CENTER PROGRAM.—The Adminis7 trator shall provide— 

8 ‘‘(1) a public announcement of any opportunity 

9 to be awarded grants under this section, and such 

10 announcement shall include the standards by which 

11 such award will be made, including the guidance 

12 issued pursuant to subsection (f)(2)(A)(ii); 

13 ‘‘(2) the opportunity for any applicant for a 

14 grant under this section that failed to obtain such 

15 a grant a debriefing with the Assistant Adminis16 trator to review the reasons for the applicant’s fail17 ure; and 

18 ‘‘(3) with respect to any site visit or evaluation 

19 of an eligible entity receiving a grant under this sec20 tion that is carried out by an officer or employee of 

21 the Administration (other than the Inspector Gen22 eral), a copy of the site visit report or evaluation, as 

23 applicable, within 30 calendar days of the completion 

24 of such vision or evaluation.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1012 

HR 4909 PCS

1 (g) CONTINUED FUNDING FOR CENTERS.—Section 

2 29(m) of the Small Business Act (15 U.S.C. 656(m)) is 

3 amended— 

4 (1) by striking paragraph (3) and inserting the 

5 following: 

6 ‘‘(3) APPLICATION AND APPROVAL FOR CON7 TINUATION GRANTS.— 

8 ‘‘(A) SOLICITATION OF APPLICATIONS.— 

9 The Administrator shall solicit applications and 

10 award continuation grants under this subsection 

11 for the first fiscal year beginning after the date 

12 of enactment of this paragraph, and every third 

13 fiscal year thereafter. 

14 ‘‘(B) CONTENTS OF APPLICATION.—Each 

15 eligible entity desiring a grant under this sub16 section shall submit to the Administrator an ap17 plication that contains— 

18 ‘‘(i) a certification that the appli19 cant— 

20 ‘‘(I) is an eligible entity; 

21 ‘‘(II) has designated an executive 

22 director or program manager to man23 age the women’s business center oper24 ated by the applicant; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1013 

HR 4909 PCS

1 ‘‘(III) as a condition of receiving 

2 a grant under this subsection, 

3 agrees— 

4 ‘‘(aa) to receive a site visit 

5 as part of the final selection 

6 process, at the discretion of the 

7 Administrator; and 

8 ‘‘(bb) to remedy any prob9 lem identified pursuant to the 

10 site visit under item (aa); 

11 ‘‘(ii) information demonstrating that 

12 the applicant has the ability and resources 

13 to meet the needs of the market to be 

14 served by the women’s business center for 

15 which a grant under this subsection is 

16 sought, including the ability to obtain the 

17 non-Federal contribution required under 

18 paragraph (4)(C); 

19 ‘‘(iii) information relating to assist20 ance to be provided by the women’s busi21 ness center in the geographic area served 

22 by the women’s business center for which 

23 a grant under this subsection is sought; 

24 ‘‘(iv) information demonstrating that 

25 the applicant has worked with resource 


emcdonald on DSK3SPTVN1PROD with BILLS
1014 

HR 4909 PCS

1 partners of the Administration and other 

2 entities; 

3 ‘‘(v) a 3-year plan that describes the 

4 services provided by the women’s business 

5 center for which a grant under this sub6 section is sought— 

7 ‘‘(I) to serve women who are 

8 business owners or potential business 

9 owners by conducting training and 

10 counseling activities; and 

11 ‘‘(II) to provide training and 

12 services to a representative number of 

13 women who are socially or economi14 cally disadvantaged; and 

15 ‘‘(vi) any additional information that 

16 the Administrator may reasonably require. 

17 ‘‘(C) REVIEW AND APPROVAL OF APPLICA18 TIONS FOR GRANTS.— 

19 ‘‘(i) IN GENERAL.—The Adminis20 trator— 

21 ‘‘(I) shall review each application 

22 submitted under subparagraph (B), 

23 based on the information described in 

24 such subparagraph and the criteria 


emcdonald on DSK3SPTVN1PROD with BILLS
1015 

HR 4909 PCS

1 set forth under clause (ii) of this sub2 paragraph; and 

3 ‘‘(II) as part of the final selection 

4 process, may, at the discretion of the 

5 Administrator, conduct a site visit to 

6 each women’s business center for 

7 which a grant under this subsection is 

8 sought, in particular to evaluate the 

9 women’s business center using the se10 lection criteria described in clause 

11 (ii)(II). 

12 ‘‘(ii) SELECTION CRITERIA.— 

13 ‘‘(I) IN GENERAL.—The Admin14 istrator shall evaluate applicants for 

15 grants under this subsection in ac16 cordance with selection criteria that 

17 are— 

18 ‘‘(aa) established before the 

19 date on which applicants are re20 quired to submit the applications; 

21 ‘‘(bb) stated in terms of rel22 ative importance; and 

23 ‘‘(cc) publicly available and 

24 stated in each solicitation for ap25 plications for grants under this 


emcdonald on DSK3SPTVN1PROD with BILLS
1016 

HR 4909 PCS

1 subsection made by the Adminis2 trator. 

3 ‘‘(II) REQUIRED CRITERIA.—The 

4 selection criteria for a grant under 

5 this subsection shall include— 

6 ‘‘(aa) the total number of 

7 entrepreneurs served by the ap8 plicant; 

9 ‘‘(bb) the total number of 

10 new startup companies assisted 

11 by the applicant; 

12 ‘‘(cc) the percentage of cli13 ents of the applicant that are so14 cially or economically disadvan15 taged; 

16 ‘‘(dd) the percentage of indi17 viduals in the community served 

18 by the applicant who are socially 

19 or economically disadvantaged; 

20 ‘‘(ee) the successful accredi21 tation of the applicant under the 

22 accreditation program developed 

23 under subsection (g)(5); and 


emcdonald on DSK3SPTVN1PROD with BILLS
1017 

HR 4909 PCS

1 ‘‘(ff) any additional criteria 

2 that the Administrator may rea3 sonably require. 

4 ‘‘(iii) CONDITIONS FOR CONTINUED

5 FUNDING.—In determining whether to 

6 make a grant under this subsection, the 

7 Administrator— 

8 ‘‘(I) shall consider the results of 

9 the most recent evaluation of the 

10 women’s business center for which a 

11 grant under this subsection is sought, 

12 and, to a lesser extent, previous eval13 uations; and 

14 ‘‘(II) may withhold a grant under 

15 this subsection, if the Administrator 

16 determines that the applicant has 

17 failed to provide the information re18 quired to be provided under this para19 graph, or the information provided by 

20 the applicant is inadequate. 

21 ‘‘(D) NOTIFICATION.—Not later than 60 

22 calendar days after the date of each deadline to 

23 submit applications under this paragraph, the 

24 Administrator shall approve or deny each subVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1018 

HR 4909 PCS

1 mitted application and notify the applicant for 

2 each such application of the approval or denial. 

3 ‘‘(E) RECORD RETENTION.— 

4 ‘‘(i) IN GENERAL.—The Administrator 

5 shall maintain a copy of each application 

6 submitted under this paragraph for not 

7 less than 5 years. 

8 ‘‘(ii) PAPERWORK REDUCTION.—The 

9 Administrator shall take steps to reduce, 

10 to the maximum extent practicable, the pa11 perwork burden associated with carrying 

12 out clause (i).’’; and 

13 (2) by striking paragraph (5) and inserting the 

14 following: 

15 ‘‘(5) AWARD TO PREVIOUS RECIPIENTS.—There 

16 shall be no limitation on the number of times the 

17 Administrator may award a grant to an applicant 

18 under this subsection.’’. 

19 (h) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 Section 29 of the Small Business Act (15 U.S.C. 656) is 

21 amended— 

22 (1) in subsection (h)(2), by striking ‘‘to award 

23 a contract (as a sustainability grant) under sub24 section (l) or’’; 


emcdonald on DSK3SPTVN1PROD with BILLS
1019 

HR 4909 PCS

1 (2) in subsection (j)(1), by striking ‘‘The Ad2 ministration’’ and inserting ‘‘Not later than Novem3 ber 1 of each year, the Administrator’’; 

4 (3) in subsection (k)— 

5 (A) by striking paragraphs (1) and (4); 

6 (B) by inserting before paragraph (2) the 

7 following: 

8 ‘‘(1) IN GENERAL.—There are authorized to be 

9 appropriated to the Administration to carry out this 

10 section, to remain available until expended, 

11 $21,750,000 for each of fiscal years 2017 through 

12 2020.’’; and 

13 (C) in paragraph (2), by striking subpara14 graph (B) and inserting the following: 

15 ‘‘(B) EXCEPTIONS.—Of the amount made 

16 available under this subsection for a fiscal year, 

17 the following amounts shall be available for se18 lection panel costs, costs associated with main19 taining an accreditation program, and post20 award conference costs: 

21 ‘‘(i) For the first fiscal year beginning 

22 after the date of the enactment of this sub23 paragraph, 2.65 percent. 

24 ‘‘(ii) For the second fiscal year begin25 ning after the date of the enactment of 


emcdonald on DSK3SPTVN1PROD with BILLS
1020 

HR 4909 PCS

1 this subparagraph and each fiscal year 

2 thereafter through fiscal year 2020, 2.5 

3 percent.’’; and 

4 (4) in subsection (m)— 

5 (A) in paragraph (2), by striking ‘‘sub6 section (b) or (l)’’ and inserting ‘‘this sub7 section or subsection (b)’’; and 

8 (B) in paragraph (4)(D), by striking ‘‘or 

9 subsection (l)’’. 

10 (i) EFFECT ON EXISTING GRANTS.— 

11 (1) TERMS AND CONDITIONS.—A nonprofit or12 ganization receiving a grant under section 29(m) of 

13 the Small Business Act (15 U.S.C. 656(m)), as in 

14 effect on the day before the date of enactment of 

15 this title, shall continue to receive the grant under 

16 the terms and conditions in effect for the grant on 

17 the day before the date of enactment of this title, ex18 cept that the nonprofit organization may not apply 

19 for a continuation of the grant under section 

20 29(m)(5) of the Small Business Act (15 U.S.C. 

21 656(m)(5)), as in effect on the day before the date 

22 of enactment of this title. 

23 (2) LENGTH OF CONTINUATION GRANT.—The 

24 Administrator of the Small Business Administration 

25 may award a grant under section 29(m) of the Small 


emcdonald on DSK3SPTVN1PROD with BILLS
1021 

HR 4909 PCS

1 Business Act to a nonprofit organization receiving a 

2 grant under section 29(m) of the Small Business 

3 Act (15 U.S.C. 656(m)), as in effect on the day be4 fore the date of enactment of this title, for the pe5 riod— 

6 (A) beginning on the day after the last day 

7 of the grant agreement under such section 

8 29(m); and 

9 (B) ending at the end of the third fiscal 

10 year beginning after the date of enactment of 

11 this title. 

12 SEC. 1843. MATCHING REQUIREMENTS UNDER WOMEN’S 

13 BUSINESS CENTER PROGRAM. 

14 Section 29(c) of the Small Business Act (15 U.S.C. 

15 656(c)), as amended by this Act, is amended— 

16 (1) in paragraph (1), by striking ‘‘As a condi17 tion’’ and inserting ‘‘Subject to paragraph (6), as a 

18 condition’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(9) WAIVER OF NON-FEDERAL SHARE.— 

21 ‘‘(A) IN GENERAL.—Upon request by an 

22 eligible entity, and in accordance with this para23 graph, the Administrator may waive, in whole 

24 or in part, the requirement to obtain non-Fed25 eral funds under this subsection for counseling 


emcdonald on DSK3SPTVN1PROD with BILLS
1022 

HR 4909 PCS

1 and training activities of the eligible entity car2 ried out using a grant under this section for a 

3 fiscal year. The Administrator may not waive 

4 the requirement for an eligible entity to obtain 

5 non-Federal funds under this paragraph for 

6 more than a total of 2 consecutive fiscal years. 

7 ‘‘(B) CONSIDERATIONS.—In determining 

8 whether to waive the requirement to obtain 

9 non-Federal funds under this paragraph, the 

10 Administrator shall consider— 

11 ‘‘(i) the economic conditions affecting 

12 the eligible entity; 

13 ‘‘(ii) the impact a waiver under this 

14 paragraph would have on the credibility of 

15 the Women’s Business Center Program 

16 under this section; 

17 ‘‘(iii) the demonstrated ability of the 

18 eligible entity to raise non-Federal funds; 

19 and 

20 ‘‘(iv) the performance of the eligible 

21 entity. 

22 ‘‘(C) LIMITATION.—The Administrator 

23 may not waive the requirement to obtain non24 Federal funds under this paragraph if granting 


emcdonald on DSK3SPTVN1PROD with BILLS
1023 

HR 4909 PCS

1 the waiver would undermine the credibility of 

2 the Women’s Business Center Program. 

3 ‘‘(10) SOLICITATION.—Notwithstanding any 

4 other provision of law, eligible entity may— 

5 ‘‘(A) solicit cash and in-kind contributions 

6 from private individuals and entities to be used 

7 to carry out the activities of the eligible entity 

8 under the project conducted under this section; 

9 and 

10 ‘‘(B) use amounts made available by the 

11 Administrator under this section for the cost of 

12 such solicitation and management of the con13 tributions received. 

14 ‘‘(11) EXCESS NON-FEDERAL DOLLARS.—The 

15 amount of non-Federal dollars obtained by an eligi16 ble entity that is above the amount that is required 

17 to be obtained by the eligible entity under this sub18 section shall not be subject to the requirements of 

19 part 200 of title 2, Code of Federal Regulations, or 

20 any successor thereto, if such amount of non-Fed21 eral dollars— 

22 ‘‘(A) is not used as matching funds for 

23 purposes of implementing the Women’s Busi24 ness Center Program; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1024 

HR 4909 PCS

1 ‘‘(B) was not obtained using funds from 

2 the Women’s Business Center Program.’’. 

3 Subtitle F—SCORE Program 

4 SEC. 1851. SCORE REAUTHORIZATION. 

5 Section 20 of the Small Business Act (15 U.S.C. 631 

6 note) is amended— 

7 (1) by redesignating subsection (j) as sub8 section (f); and 

9 (2) by adding at the end the following: 

10 ‘‘(g) SCORE PROGRAM.—There are authorized to be 

11 appropriated to the Administrator to carry out the 

12 SCORE program authorized by section 8(b)(1) such sums 

13 as are necessary for the Administrator to make grants or 

14 enter into cooperative agreements in a total amount that 

15 does not exceed $10,500,000 in each of fiscal years 2017 

16 and 2018.’’. 

17 SEC. 1852. SCORE PROGRAM. 

18 Section 8 of the Small Business Act (15 U.S.C. 637) 

19 is amended— 

20 (1) in subsection (b)(1)(B), by striking ‘‘a Serv21 ice Corps of Retired Executives (SCORE)’’ and in22 serting ‘‘the SCORE program described in sub23 section (c)’’; and 

24 (2) by striking subsection (c) and inserting the 

25 following: 


emcdonald on DSK3SPTVN1PROD with BILLS
1025 

HR 4909 PCS

1 ‘‘(c) SCORE PROGRAM.— 

2 ‘‘(1) DEFINITION.—In this subsection: 

3 ‘‘(A) SCORE ASSOCIATION.—The term 

4 ‘SCORE Association’ means the Service Corps 

5 of Retired Executives Association or any suc6 cessor or other organization who receives a 

7 grant from the Administrator to operate the 

8 SCORE program under paragraph (2)(A). 

9 ‘‘(B) SCORE PROGRAM.—The term 

10 ‘SCORE program’ means the SCORE program 

11 authorized by subsection (b)(1)(B). 

12 ‘‘(2) MANAGEMENT AND VOLUNTEERS.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 shall provide a grant to the SCORE Association 

15 to manage the SCORE program. 

16 ‘‘(B) VOLUNTEERS.—A volunteer partici17 pating in the SCORE program shall— 

18 ‘‘(i) based on the business experience 

19 and knowledge of the volunteer— 

20 ‘‘(I) provide at no cost to individ21 uals who own, or aspire to own, small 

22 business concerns personal counseling, 

23 mentoring, and coaching relating to 

24 the process of starting, expanding, 


emcdonald on DSK3SPTVN1PROD with BILLS
1026 

HR 4909 PCS

1 managing, buying, and selling a busi2 ness; and 

3 ‘‘(II) facilitate low-cost education 

4 workshops for individuals who own, or 

5 aspire to own, small business con6 cerns; and 

7 ‘‘(ii) as appropriate, use tools, re8 sources, and expertise of other organiza9 tions to carry out the SCORE program. 

10 ‘‘(3) PLANS AND GOALS.—The Administrator, 

11 in consultation with the SCORE Association, shall 

12 ensure that the SCORE program and each chapter 

13 of the SCORE program develop and implement 

14 plans and goals to more effectively and efficiently 

15 provide services to individuals in rural areas, eco16 nomically disadvantaged communities, and other tra17 ditionally underserved communities, including plans 

18 for electronic initiatives, web-based initiatives, chap19 ter expansion, partnerships, and the development of 

20 new skills by volunteers participating in the SCORE 

21 program. 

22 ‘‘(4) ANNUAL REPORT.—The SCORE Associa23 tion shall submit to the Administrator an annual re24 port that contains— 


emcdonald on DSK3SPTVN1PROD with BILLS
1027 

HR 4909 PCS

1 ‘‘(A) the number of individuals counseled 

2 or trained under the SCORE program; 

3 ‘‘(B) the number of hours of counseling 

4 provided under the SCORE program; and 

5 ‘‘(C) to the extent possible— 

6 ‘‘(i) the number of small business con7 cerns formed with assistance from the 

8 SCORE program; 

9 ‘‘(ii) the number of small business 

10 concerns expanded with assistance from 

11 the SCORE program; and 

12 ‘‘(iii) the number of jobs created with 

13 assistance from the SCORE program. 

14 ‘‘(5) PRIVACY REQUIREMENTS.— 

15 ‘‘(A) IN GENERAL.—Neither the Adminis16 trator nor the SCORE Association may disclose 

17 the name, address, or telephone number of any 

18 individual or small business concern receiving 

19 assistance from the SCORE Association with20 out the consent of such individual or small busi21 ness concern, unless— 

22 ‘‘(i) the Administrator is ordered to 

23 make such a disclosure by a court in any 

24 civil or criminal enforcement action initi25 ated by a Federal or State agency; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1028 

HR 4909 PCS

1 ‘‘(ii) the Administrator determines 

2 such a disclosure to be necessary for the 

3 purpose of conducting a financial audit of 

4 the SCORE program, in which case disclo5 sure shall be limited to the information 

6 necessary for the audit. 

7 ‘‘(B) ADMINISTRATOR USE OF INFORMA8 TION.—This paragraph shall not— 

9 ‘‘(i) restrict the access of the Adminis10 trator to program activity data; or 

11 ‘‘(ii) prevent the Administrator from 

12 using client information to conduct client 

13 surveys. 

14 ‘‘(C) STANDARDS.— 

15 ‘‘(i) IN GENERAL.—The Administrator 

16 shall, after the opportunity for notice and 

17 comment, establish standards for— 

18 ‘‘(I) disclosures with respect to 

19 financial audits under subparagraph 

20 (A)(ii); and 

21 ‘‘(II) conducting client surveys, 

22 including standards for oversight of 

23 the surveys and for dissemination and 

24 use of client information. 


emcdonald on DSK3SPTVN1PROD with BILLS
1029 

HR 4909 PCS

1 ‘‘(ii) MAXIMUM PRIVACY PROTEC2 TION.—The standards issued under this 

3 subparagraph shall, to the extent prac4 ticable, provide for the maximum amount 

5 of privacy protection.’’. 

6 SEC. 1853. ONLINE COMPONENT. 

7 (a) IN GENERAL.—Section 8(c) of the Small Busi8 ness Act (15 U.S.C. 637(c)), as amended by section 1852, 

9 is further amended by adding at the end the following: 

10 ‘‘(6) ONLINE COMPONENT.—In carrying out 

11 this subsection, the SCORE Association shall make 

12 use of online counseling, including by developing and 

13 implementing webinars and an electronic mentoring 

14 platform to expand access to services provided under 

15 this subsection and to further support entre16 preneurs.’’. 

17 (b) ONLINE COMPONENT REPORT.— 

18 (1) IN GENERAL.—At the end of fiscal year 

19 2018, the SCORE Association shall issue a report to 

20 the Committee on Small Business of the House of 

21 Representatives and the Committee on Small Busi22 ness and Entrepreneurship of the Senate on the ef23 fectiveness of the online counseling and webinars re24 quired as part of the SCORE program, including— 


emcdonald on DSK3SPTVN1PROD with BILLS
1030 

HR 4909 PCS

1 (A) how the SCORE Association deter2 mines electronic mentoring and webinar needs, 

3 develops training for electronic mentoring, es4 tablishes webinar criteria curricula, and evalu5 ates webinar and electronic mentoring results; 

6 (B) describing the internal controls that 

7 are used and a summary of the topics covered 

8 by the webinars; and 

9 (C) performance metrics, including the 

10 number of small business concerns counseled 

11 by, the number of small business concerns cre12 ated by, the number of jobs created and re13 tained by, and the funding amounts directed to14 wards such online counseling and webinars. 

15 (2) DEFINITIONS.—For purposes of this sub16 section, the terms ‘‘SCORE Association’’ and 

17 ‘‘SCORE program’’ have the meaning given those 

18 terms, respectively, under section 8(c)(1) of the 

19 Small Business Act (15 U.S.C. 637(c)(1)). 

20 SEC. 1854. STUDY AND REPORT ON THE FUTURE ROLE OF 

21 THE SCORE PROGRAM. 

22 (a) STUDY.—The SCORE Association shall carry out 

23 a study on the future role of the SCORE program and 

24 develop a strategic plan for how the SCORE program will 

25 evolve to meet the needs of small business concerns and 


emcdonald on DSK3SPTVN1PROD with BILLS
1031 

HR 4909 PCS

1 potential future small business concerns over the course 

2 of the 5 years following the date of enactment of this Act, 

3 with markers and specific objectives for year 1, year 3, 

4 and year 5. 

5 (b) REPORT.—Not later than the end of the 6-month 

6 period beginning on the date of the enactment of this Act, 

7 the SCORE Association shall issue a report to the Com8 mittee on Small Business of the House of Representatives 

9 and the Committee on Small Business and Entrepreneur10 ship of the Senate containing— 

11 (1) all findings and determination made in car12 rying out the study required under subsection (a); 

13 (2) the strategic plan developed under sub14 section (a); 

15 (3) an explanation of how the SCORE Associa16 tion plans to achieve the strategic plan, assuming 

17 both stagnant and increased funding levels. 

18 (c) DEFINITIONS.—For purposes of this section, the 

19 terms ‘‘SCORE Association’’ and ‘‘SCORE program’’ 

20 have the meaning given those terms, respectively, under 

21 section 8(c)(1) of the Small Business Act (15 U.S.C. 

22 637(c)(1)). 

23 SEC. 1855. TECHNICAL AND CONFORMING AMENDMENTS. 

24 (a) SMALL BUSINESS ACT.—The Small Business Act 

25 (15 U.S.C. 631 et seq.) is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
1032 

HR 4909 PCS

1 (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 

2 636(m)(3)(A)(i)(VIII)), by striking ‘‘Service Corps 

3 of Retired Executives’’ and inserting ‘‘SCORE pro4 gram’’; and 

5 (2) in section 22 (15 U.S.C. 649)— 

6 (A) in subsection (b)— 

7 (i) in paragraph (1), by striking 

8 ‘‘Service Corps of Retired Executives’’ and 

9 inserting ‘‘SCORE program’’; and 

10 (ii) in paragraph (3), by striking 

11 ‘‘Service Corps of Retired Executives’’ and 

12 inserting ‘‘SCORE program’’; and 

13 (B) in subsection (c)(12), by striking 

14 ‘‘Service Corps of Retired Executives’’ and in15 serting ‘‘SCORE program’’. 

16 (b) OTHER LAWS.— 

17 (1) Section 621 of the Children’s Health Insur18 ance Program Reauthorization Act of 2009 (15 

19 U.S.C. 657p) is amended— 

20 (A) in subsection (a), by striking para21 graph (4) and inserting the following: 

22 ‘‘(4) the term ‘SCORE program’ means the 

23 SCORE program authorized by section 8(b)(1)(B) 

24 of the Small Business Act (15 U.S.C. 

25 637(b)(1)(B));’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1033 

HR 4909 PCS

1 (B) in subsection (b)(4)(A)(iv), by striking 

2 ‘‘Service Corps of Retired Executives’’ and in3 serting ‘‘SCORE program’’. 

4 (2) Section 337(d)(2)(A) of the Energy Policy 

5 and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is 

6 amended by striking ‘‘Service Corps of Retired Ex7 ecutives (SCORE)’’ and inserting ‘‘SCORE pro8 gram’’. 

9 Subtitle G—Miscellaneous 

10 Provisions 

11 SEC. 1861. IMPROVING EDUCATION ON SMALL BUSINESS 

12 REGULATIONS. 

13 (a) REGULATORY CHANGES AND TRAINING MATE14 RIALS.—Section 15 of the Small Business Act (15 U.S.C. 

15 644), as amended by this Act, is further amended by add16 ing at the end the following new subsection: 

17 ‘‘(u) REGULATORY CHANGES AND TRAINING MATE18 RIALS.—Not less than annually, the Administrator shall 

19 provide to the Defense Acquisition University (established 

20 under section 1746 of title 10, United States Code), the 

21 Federal Acquisition Institute (established under section 

22 1201 of title 41, United States Code), the individual re23 sponsible for mandatory training and education of the ac24 quisition workforce of each agency (described under sec25 tion 1703(f)(1)(C) of title 41, United States Code), small 


emcdonald on DSK3SPTVN1PROD with BILLS
1034 

HR 4909 PCS

1 business development centers, and entities participating in 

2 the Procurement Technical Assistance Cooperative Agree3 ment Program under chapter 142 of title 10, United 

4 States Code— 

5 ‘‘(1) a list of all changes made in the prior year 

6 to regulations promulgated— 

7 ‘‘(A) by the Administrator that affect Fed8 eral acquisition; and 

9 ‘‘(B) by the Federal Acquisition Council 

10 that implement changes to this Act; and 

11 ‘‘(2) any materials the Administrator has devel12 oped to explain, train, or assist Federal agencies or 

13 departments or small business concerns to comply 

14 with the regulations specified in paragraph (1).’’. 

15 (b) TRAINING TO BE UPDATED.—Upon receipt of in16 formation from the Administrator of the Small Business 

17 Administration pursuant to section 15(u) of the Small 

18 Business Act, the Defense Acquisition University (as 

19 under section 1746 of title 10, United States Code) and 

20 the Federal Acquisition Institute (established under sec21 tion 1201 of title 41, United States Code) shall periodi22 cally update the training provided to the acquisition work23 force. 


emcdonald on DSK3SPTVN1PROD with BILLS
1035 

HR 4909 PCS

1 SEC. 1862. PROTECTING TASK ORDER COMPETITION. 

2 Section 4106(f) of title 41, United States Code, is 

3 amended by striking paragraph (3). 

4 SEC. 1863. IMPROVEMENTS TO SIZE STANDARDS FOR 

5 SMALL AGRICULTURAL PRODUCERS. 

6 (a) AMENDMENT TO DEFINITION OF AGRICULTURAL

7 ENTERPRISES.—Paragraph (1) of section 18(b) of the 

8 Small Business Act (15 U.S.C. 647(b)(1)) is amended by 

9 striking ‘‘businesses’’ and inserting ‘‘small business con10 cerns’’. 

11 (b) EQUAL TREATMENT OF SMALL FARMS.—Para12 graph (1) of section 3(a) of the Small Business Act (15 

13 U.S.C. 632(a)(1)) is amended by striking ‘‘operation: Pro14 vided,’’ and all that follows through the period at the end 

15 and inserting ‘‘operation.’’. 

16 (c) UPDATED SIZE STANDARDS.—Size standards es17 tablished under subsection (a) are subject to the rolling 

18 review procedures established under section 1344(a) of the 

19 Small Business Jobs Act of 2010 (15 U.S.C. 632 note). 

20 SEC. 1864. UNIFORMITY IN SERVICE-DISABLED VETERAN 

21 DEFINITIONS. 

22 (a) SMALL BUSINESS DEFINITION OF SMALL BUSI23 NESS CONCERN CONSOLIDATED.—Section 3(q) of the 

24 Small Business Act (15 U.S.C. 632(q)) is amended— 

25 (1) by amending paragraph (2) to read as fol26 lows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1036 

HR 4909 PCS

1 ‘‘(2) SMALL BUSINESS CONCERN OWNED AND

2 CONTROLLED BY SERVICE-DISABLED VETERANS.— 

3 The term ‘small business concern owned and con4 trolled by service-disabled veterans’ means any of 

5 the following: 

6 ‘‘(A) A small business concern— 

7 ‘‘(i) not less than 51 percent of which 

8 is owned by one or more service-disabled 

9 veterans or, in the case of any publicly 

10 owned business, not less than 51 percent 

11 of the stock (not including any stock 

12 owned by an ESOP) of which is owned by 

13 one or more service-disabled veterans; and 

14 ‘‘(ii) the management and daily busi15 ness operations of which are controlled by 

16 one or more service-disabled veterans or, in 

17 the case of a veteran with permanent and 

18 severe disability, the spouse or permanent 

19 caregiver of such veteran. 

20 ‘‘(B) A small business concern— 

21 ‘‘(i) not less than 51 percent of which 

22 is owned by one or more service-disabled 

23 veterans with a disability that is rated by 

24 the Secretary of Veterans Affairs as a per25 manent and total disability who are unable 


emcdonald on DSK3SPTVN1PROD with BILLS
1037 

HR 4909 PCS

1 to manage the daily business operations of 

2 such concern; or 

3 ‘‘(ii) in the case of a publicly owned 

4 business, not less than 51 percent of the 

5 stock (not including any stock owned by an 

6 ESOP) of which is owned by one or more 

7 such veterans. 

8 ‘‘(C)(i) During the time period described in 

9 clause (ii), a small business concern that was a 

10 small business concern described in subpara11 graph (A) or (B) immediately prior to the death 

12 of a service-disabled veteran who was the owner 

13 of the concern, the death of whom causes the 

14 concern to be less than 51 percent owned by 

15 one or more service-disabled veterans, if— 

16 ‘‘(I) the surviving spouse of the de17 ceased veteran acquires such veteran’s 

18 ownership interest in such concern; 

19 ‘‘(II) such veteran had a service-con20 nected disability (as defined in section 

21 101(16) of title 38, United States Code) 

22 rated as 100 percent disabling under the 

23 laws administered by the Secretary of Vet24 erans Affairs or such veteran died as a re25 sult of a service-connected disability; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1038 

HR 4909 PCS

1 ‘‘(III) immediately prior to the death 

2 of such veteran, and during the period de3 scribed in clause (ii), the small business 

4 concern is included in the database de5 scribed in section 8127(f) of title 38, 

6 United States Code. 

7 ‘‘(ii) The time period described in this 

8 clause is the time period beginning on the date 

9 of the veteran’s death and ending on the earlier 

10 of— 

11 ‘‘(I) the date on which the surviving 

12 spouse remarries; 

13 ‘‘(II) the date on which the surviving 

14 spouse relinquishes an ownership interest 

15 in the small business concern; or 

16 ‘‘(III) the date that is 10 years after 

17 the date of the death of the veteran.’’; and 

18 (2) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(6) ESOP.—The term ‘ESOP’ has the mean21 ing given the term ‘employee stock ownership plan’ 

22 in section 4975(e)(7) of the Internal Revenue Code 

23 of 1986 (26 U.S.C. 4975(e)(7)). 


emcdonald on DSK3SPTVN1PROD with BILLS
1039 

HR 4909 PCS

1 ‘‘(7) SURVIVING SPOUSE.—The term ‘surviving 

2 spouse’ has the meaning given such term in section 

3 101(3) of title 38, United States Code.’’. 

4 (b) VETERANS AFFAIRS DEFINITION OF SMALL

5 BUSINESS CONCERN CONSOLIDATED.— 

6 (1) IN GENERAL.—Section 8127 of title 38, 

7 United States Code, is amended— 

8 (A) by striking subsection (h) and redesig9 nating subsections (i) through (l) as subsections 

10 (h) through (k), respectively; and 

11 (B) in subsection (k), as so redesignated— 

12 (i) by amending paragraph (2) to read 

13 as follows: 

14 ‘‘(2) The term ‘small business concern owned 

15 and controlled by veterans’ has the meaning given 

16 that term under section 3(q)(3) of the Small Busi17 ness Act (15 U.S.C. 632(q)(3)).’’; and 

18 (ii) by adding at the end the following 

19 new paragraph: 

20 ‘‘(3) The term ‘small business concern owned 

21 and controlled by veterans with service-connected 

22 disabilities’ has the meaning given the term ‘small 

23 business concern owned and controlled by service24 disabled veterans’ under section 3(q)(2) of the Small 

25 Business Act (15 U.S.C. 632(q)(2)).’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1040 

HR 4909 PCS

1 (2) CONFORMING AMENDMENTS.—Such section 

2 is further amended— 

3 (A) in subsection (b), by inserting ‘‘or a 

4 small business concern owned and controlled by 

5 veterans with service-connected disabilities’’ 

6 after ‘‘a small business concern owned and con7 trolled by veterans’’; 

8 (B) in subsection (c), by inserting ‘‘or a 

9 small business concern owned and controlled by 

10 veterans with service-connected disabilities’’ 

11 after ‘‘a small business concern owned and con12 trolled by veterans’’; 

13 (C) in subsection (d) by inserting ‘‘or small 

14 business concerns owned and controlled by vet15 erans with service-connected disabilities’’ after 

16 ‘‘small business concerns owned and controlled 

17 by veterans’’ both places it appears; and 

18 (D) in subsection (f)(1), by inserting ‘‘, 

19 small business concerns owned and controlled 

20 by veterans with service-connected disabilities,’’ 

21 after ‘‘small business concerns owned and con22 trolled by veterans’’. 

23 (c) TECHNICAL CORRECTION.—Section 8(d)(3) of the 

24 Small Business Act (15 U.S.C. 637(d)(3)), is amended by 

25 adding at the end the following new subparagraph: 


emcdonald on DSK3SPTVN1PROD with BILLS
1041 

HR 4909 PCS

1 ‘‘(H) In this contract, the term ‘small business 

2 concern owned and controlled by service-disabled 

3 veterans’ has the meaning given that term in section 

4 3(q).’’. 

5 (d) REGULATIONS RELATING TO DATABASE OF THE

6 SECRETARY OF VETERANS AFFAIRS.— 

7 (1) REQUIREMENT TO USE CERTAIN SMALL

8 BUSINESS ADMINISTRATION REGULATIONS.—Section 

9 8127(f)(4) of title 38, United States Code, is 

10 amended by striking ‘‘verified’’ and inserting 

11 ‘‘verified, using regulations issued by the Adminis12 trator of the Small Business Administration with re13 spect to the status of the concern as a small busi14 ness concern and the ownership and control of such 

15 concern,’’. 

16 (2) PROHIBITION ON SECRETARY OF VETERANS

17 AFFAIRS ISSUING CERTAIN REGULATIONS.—Section 

18 8127(f) of title 38, United States Code, is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(7) The Secretary may not issue regulations related 

21 to the status of a concern as a small business concern and 

22 the ownership and control of such small business con23 cern.’’. 

24 (e) DELAYED EFFECTIVE DATE.—The amendments 

25 made by subsections (a), (b), (c), and (d) shall take effect 


emcdonald on DSK3SPTVN1PROD with BILLS
1042 

HR 4909 PCS

1 on the date on which the Administrator of the Small Busi2 ness Administration and the Secretary of Veterans Affairs 

3 jointly issue regulations implementing such sections. 

4 (f) APPEALS OF INCLUSION IN DATABASE.— 

5 (1) IN GENERAL.—Section 8127(f) of title 38, 

6 United States Code, as amended by this Act, is fur7 ther amended by adding at the end the following 

8 new paragraph: 

9 ‘‘(8)(A) If the Secretary does not verify a concern for 

10 inclusion in the database under this subsection based on 

11 the status of the concern as a small business concern or 

12 the ownership or control of the concern, the concern may 

13 appeal the denial of verification to the Office of Hearings 

14 and Appeals of the Small Business Administration (as es15 tablished under section 5(i) of the Small Business Act). 

16 The decision of the Office of Hearings and Appeals shall 

17 be considered a final agency action. 

18 ‘‘(B)(i) If an interested party challenges the inclusion 

19 in the database of a small business concern owned and 

20 controlled by veterans or a small business concern owned 

21 and controlled by veterans with service-connected disabil22 ities based on the status of the concern as a small business 

23 concern or the ownership or control of the concern, the 

24 challenge shall be heard by the Office of Hearings and 

25 Appeals of the Small Business Administration as deVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1043 

HR 4909 PCS

1 scribed in subparagraph (A). The decision of the Office 

2 of Hearings and Appeals shall be considered final agency 

3 action. 

4 ‘‘(ii) In this subparagraph, the term ‘interested party’ 

5 means— 

6 ‘‘(I) the Secretary; and 

7 ‘‘(II) in the case of a small business concern 

8 that is awarded a contract, the contracting officer of 

9 the Department or another small business concern 

10 that submitted an offer for the contract that was 

11 awarded to the small business concern that sub12 mitted an offer under clause (i). 

13 ‘‘(C) For each fiscal year, the Secretary shall reim14 burse the Administrator of the Small Business Adminis15 tration in an amount necessary to cover any cost incurred 

16 by the Office of Hearings and Appeals of the Small Busi17 ness Administration for actions taken by the Office under 

18 this paragraph. The Administrator is authorized to accept 

19 such reimbursement. The amount of any such reimburse20 ment shall be determined jointly by the Secretary and the 

21 Administrator and shall be provided from fees collected 

22 by the Secretary under multiple-award schedule contracts. 

23 Any disagreement about the amount shall be resolved by 

24 the Director of the Office of Management and Budget.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1044 

HR 4909 PCS

1 (2) EFFECTIVE DATE.—Paragraph (8) of sub2 section (f) of title 38, United States Code, as added 

3 by paragraph (1), shall apply with respect to a 

4 verification decision made by the Secretary of Vet5 erans Affairs on or after the date of the enactment 

6 of this title. 

7 SEC. 1865. REQUIRED REPORTS PERTAINING TO CAPITAL 

8 PLANNING AND INVESTMENT CONTROL. 

9 The Administrator of the Small Business Administra10 tion shall submit to the Senate Committee on Small Busi11 ness and Entrepreneurship and the Committee on Small 

12 Business of the House of Representatives the information 

13 described in section 11302(c)(3)(B)(ii) of title 40, United 

14 States Code, within 10 days of transmittal to the Director. 

15 SEC. 1866. OFFICE OF HEARINGS AND APPEALS. 

16 (a) CLARIFICATION AS TO JURISDICTION.—Section 

17 5(i)(1)(B) of the Small Business Act (15 U.S.C. 

18 634(i)(1)(B)) is amended to read as follows: 

19 ‘‘(B) JURISDICTION.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), the Office of Hearings 

22 and Appeals shall hear appeals of agency 

23 actions under or pursuant to this Act, the 

24 Small Business Investment Act of 1958 

25 (15 U.S.C. 661 et seq.), title 13 of the 


emcdonald on DSK3SPTVN1PROD with BILLS
1045 

HR 4909 PCS

1 Code of Federal Regulations, and such 

2 other matters as the Administrator may 

3 determine appropriate. 

4 ‘‘(ii) EXCEPTION.—The Office of 

5 Hearings and Appeals shall not adjudicate 

6 disputes requiring a hearing on the record, 

7 except disputes pertaining to the small 

8 business programs described in this Act.’’. 

9 (b) NEW PROCEDURES FOR PETITIONS FOR RECON10 SIDERATION.—Section 3(a)(9) of the Small Business Act 

11 (15 U.S.C. 632(a)(9)) is amended by adding at the end 

12 the following: 

13 ‘‘(E) PROCEDURES.—The Office of Hear14 ings and Appeals shall begin accepting petitions 

15 for reconsideration described in subparagraph 

16 (A) upon the effective date of the procedures 

17 implementing this paragraph. Notwithstanding 

18 the provisions of subparagraph (B), petitions 

19 for reconsideration of size standards revised, 

20 modified, or established in a Federal Register 

21 final rule published between November 25, 

22 2015 and the effective date of such procedures 

23 shall be considered timely if filed within 30 

24 days of such effective date.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1046 

HR 4909 PCS

1 SEC. 1867. ISSUANCE OF GUIDANCE ON SMALL BUSINESS 

2 MATTERS. 

3 Not later than 180 days after the date of enactment 

4 of this title, the Administrator of the Small Business Ad5 ministration shall issue guidance pertaining to the amend6 ments made by this Act to the Small Business Act by this 

7 title. The Administrator shall provide notice and oppor8 tunity for comment on such guidance for a period of not 

9 less than 60 days. 

10 SEC. 1868. ROLE OF SMALL BUSINESS DEVELOPMENT CEN11 TERS IN CYBER SECURITY AND PREPARED12 NESS. 

13 Section 21 of the Small Business Act (15 U.S.C. 648) 

14 is amended— 

15 (1) in subsection (a)(1), by striking ‘‘and pro16 viding access to business analysts who can refer 

17 small business concerns to available experts:’’ and 

18 inserting ‘‘providing access to business analysts who 

19 can refer small business concerns to available ex20 perts; and, to the extent practicable, providing as21 sistance in furtherance of the Small Business Devel22 opment Center Cyber Strategy developed under sec23 tion 1871(b) of the National Defense Authorization 

24 Act for Fiscal Year 2017:’’; and 

25 (2) in subsection (c)— 

26 (A) in paragraph (2)— 


emcdonald on DSK3SPTVN1PROD with BILLS
1047 

HR 4909 PCS

1 (i) in subparagraph (E), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (F), by striking 

4 the period and inserting ‘‘; and’’; and 

5 (iii) by adding at the end of the fol6 lowing: 

7 ‘‘(G) access to cyber security specialists to 

8 counsel, assist, and inform small business concern 

9 clients, in furtherance of the Small Business Devel10 opment Center Cyber Strategy developed under sec11 tion.’’. 

12 SEC. 1869. ADDITIONAL CYBER SECURITY ASSISTANCE FOR 

13 SMALL BUSINESS DEVELOPMENT CENTERS. 

14 Section 21(a) of the Small Business Act (15 U.S.C. 

15 648(a)) is amended by adding at the end the following: 

16 ‘‘(8) CYBER SECURITY ASSISTANCE.—The De17 partment of Homeland Security, and any other Fed18 eral department or agency in coordination with the 

19 Department of Homeland Security, may provide as20 sistance to small business development centers, 

21 through the dissemination of cybersecurity risk in22 formation and other homeland security information, 

23 to help small business concerns in developing or en24 hancing cyber security infrastructure, cyber threat 


emcdonald on DSK3SPTVN1PROD with BILLS
1048 

HR 4909 PCS

1 awareness, and cyber training programs for employ2 ees.’’. 

3 SEC. 1869A. CYBERSECURITY OUTREACH FOR SMALL BUSI4 NESS DEVELOPMENT CENTERS. 

5 Section 227 of the Homeland Security Act of 2002 

6 (6 U.S.C. 148) is amended— 

7 (1) by redesignating subsection (l) as subsection 

8 (m); and 

9 (2) by inserting after subsection (k) the fol10 lowing: 

11 ‘‘(l) CYBERSECURITY OUTREACH.— 

12 ‘‘(1) IN GENERAL.—The Secretary may provide 

13 assistance to small business development centers, 

14 through the dissemination of cybersecurity risk in15 formation and other homeland security information, 

16 to help small business concerns in developing or en17 hancing cyber security infrastructure, cyber threat 

18 awareness, and cyber training programs for employ19 ees. 

20 ‘‘(2) DEFINITIONS.—For purposes of this sub21 section, the terms ‘small business concern’ and 

22 ‘small business development center’ have the mean23 ing given such terms, respectively, under section 3 of 

24 the Small Business Act.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1049 

HR 4909 PCS

1 SEC. 1869B. GAO STUDY ON SMALL BUSINESS CYBER SUP2 PORT SERVICES AND SMALL BUSINESS DE3 VELOPMENT CENTER CYBER STRATEGY. 

4 (a) REVIEW OF CURRENT CYBER SECURITY RE5 SOURCES.— 

6 (1) IN GENERAL.—The Comptroller General of 

7 the United States shall conduct a review of current 

8 cyber security resources at the Federal level aimed 

9 at assisting small business concerns with developing 

10 or enhancing cyber security infrastructure, cyber 

11 threat awareness, or cyber training programs for 

12 employees. 

13 (2) CONTENT.—The review required under 

14 paragraph (1) shall include the following: 

15 (A) An accounting and description of all 

16 Federal Government programs, projects, and 

17 activities that currently provide assistance to 

18 small business concerns in developing or en19 hancing cyber security infrastructure, cyber 

20 threat awareness, or cyber training programs 

21 for employees. 

22 (B) An assessment of how widely utilized 

23 the resources described under subparagraph (A) 

24 are by small business concerns and a review of 

25 whether or not such resources are duplicative of 

26 other programs and structured in a manner 


emcdonald on DSK3SPTVN1PROD with BILLS
1050 

HR 4909 PCS

1 that makes them accessible to and supportive of 

2 small business concerns. 

3 (3) REPORT.—The Comptroller General shall 

4 issue a report to the Congress, the Small Business 

5 Administrator, the Secretary of Homeland Security, 

6 and any association recognized under section 

7 21(a)(3)(A) of the Small Business Act containing all 

8 findings and determinations made in carrying out 

9 the review required under paragraph (1). 

10 (b) SMALL BUSINESS DEVELOPMENT CENTER

11 CYBER STRATEGY.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the issuance of the report under subsection (a)(3), 

14 the Small Business Administrator and the Secretary 

15 of Homeland Security shall work collaboratively to 

16 develop a Small Business Development Center Cyber 

17 Strategy. 

18 (2) CONSULTATION.—In developing the strat19 egy under this subsection, the Small Business Ad20 ministrator and the Secretary of Homeland Security 

21 shall consult with entities representing the concerns 

22 of small business development centers, including any 

23 association recognized under section 21(a)(3)(A) of 

24 the Small Business Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
1051 

HR 4909 PCS

1 (3) CONTENT.—The strategy required under 

2 paragraph (1) shall include, at minimum, the fol3 lowing: 

4 (A) Plans for incorporating small business 

5 development centers (hereinafter in this section 

6 referred to as ‘‘SBDCs’’) into existing cyber 

7 programs to enhance services and streamline 

8 cyber assistance to small business concerns. 

9 (B) To the extent practicable, methods for 

10 the provision of counsel and assistance to im11 prove a small business concern’s cyber security 

12 infrastructure, cyber threat awareness, and 

13 cyber training programs for employees, includ14 ing— 

15 (i) working to ensure individuals are 

16 aware of best practices in the areas of 

17 cyber security, cyber threat awareness, and 

18 cyber training; 

19 (ii) working with individuals to de20 velop cost-effective plans for implementing 

21 best practices in these areas; 

22 (iii) entering into agreements, where 

23 practical, with Information Sharing and 

24 Analysis Centers or similar cyber informa25 tion sharing entities to gain an awareness 


emcdonald on DSK3SPTVN1PROD with BILLS
1052 

HR 4909 PCS

1 of actionable threat information that may 

2 be beneficial to small business concerns; 

3 and 

4 (iv) providing referrals to area special5 ists when necessary. 

6 (C) An analysis of— 

7 (i) how Federal Government pro8 grams, projects, and activities identified by 

9 the Comptroller General in the report 

10 issued under subsection (a)(1) can be le11 veraged by SBDCs to improve access to 

12 high-quality cyber support for small busi13 ness concerns; 

14 (ii) additional resources SBDCs may 

15 need to effectively carry out their role; and 

16 (iii) how SBDCs can leverage existing 

17 partnerships and develop new ones with 

18 Federal, State, and local government enti19 ties as well as private entities to improve 

20 the quality of cyber support services to 

21 small business concerns. 

22 (4) DELIVERY OF STRATEGY.—Not later than 

23 180 days after the issuance of the report under sub24 section (a)(3), the Small Business Development Cen25 ter Cyber Strategy shall be issued to the Committees 


emcdonald on DSK3SPTVN1PROD with BILLS
1053 

HR 4909 PCS

1 on Homeland Security and Small Business of the 

2 House of Representatives and the Committees on 

3 Homeland Security and Governmental Affairs and 

4 Small Business and Entrepreneurship of the Senate. 

5 SEC. 1869C. PROHIBITION ON ADDITIONAL FUNDS. 

6 No additional funds are authorized to be appro7 priated to carry out sections 1868 through 1869B or the 

8 amendments made by such sections. 

9 Subtitle H—Small Business Devel10 opment Centers Improvements 

11 SEC. 1871. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Small Business 

13 Development Centers Improvement Act of 2016’’. 

14 SEC. 1872. USE OF AUTHORIZED ENTREPRENEURIAL DE15 VELOPMENT PROGRAMS. 

16 The Small Business Act (15 U.S.C. 631 et seq.) is 

17 amended by adding at the end the following: 

18 ‘‘SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVEL19 OPMENT PROGRAMS. 

20 ‘‘(a) EXPANDED SUPPORT FOR ENTREPRENEURS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Administrator shall only use 

23 the programs authorized in sections 7(j), 7(m), 8(a), 

24 8(b)(1), 21, 22, 29, and 32 of this Act, and sections 

25 358 and 389 of the Small Business Investment Act 


emcdonald on DSK3SPTVN1PROD with BILLS
1054 

HR 4909 PCS

1 to deliver entrepreneurial development services, en2 trepreneurial education, support for the development 

3 and maintenance of clusters, or business training. 

4 ‘‘(2) EXCEPTION.—This section shall not apply 

5 to services provided to assist small business concerns 

6 owned by an Indian tribe (as such term is defined 

7 in section 8(a)(13)). 

8 ‘‘(b) ANNUAL REPORT.—Beginning on the first De9 cember 1 after the date of enactment of this subsection, 

10 the Administrator shall annually report to the Committee 

11 on Small Business of the House of Representatives and 

12 the Committee on Small Business and Entrepreneurship 

13 of the Senate on all entrepreneurial development activities 

14 undertaken in the current fiscal year. This report shall 

15 include— 

16 ‘‘(1) a description and operating details for 

17 each program and activity; 

18 ‘‘(2) operating circulars, manuals, and standard 

19 operating procedures for each program and activity; 

20 ‘‘(3) a description of the process used to award 

21 grants under each program and activity; 

22 ‘‘(4) a list of all awardees, contractors, and ven23 dors (including organization name and location) and 

24 the amount of awards for the current fiscal year for 

25 each program and activity; 


emcdonald on DSK3SPTVN1PROD with BILLS
1055 

HR 4909 PCS

1 ‘‘(5) the amount of funding obligated for the 

2 current fiscal year for each program and activity; 

3 and 

4 ‘‘(6) the names and titles for those individuals 

5 responsible for each program and activity.’’. 

6 SEC. 1873. MARKETING OF SERVICES. 

7 Section 21 of the Small Business Act (15 U.S.C. 648) 

8 is amended by adding at the end the following: 

9 ‘‘(o) NO PROHIBITION OF MARKETING OF SERV10 ICES.—The Administrator shall not prohibit applicants re11 ceiving grants under this section from marketing and ad12 vertising their services to individuals and small business 

13 concerns.’’. 

14 SEC. 1874. DATA COLLECTION. 

15 (a) IN GENERAL.—Section 21(a)(3)(A) of the Small 

16 Business Act (15 U.S.C. 648(a)(3)(A)) is amended— 

17 (1) by striking ‘‘as provided in this section 

18 and’’ and inserting ‘‘as provided in this section,’’; 

19 and 

20 (2) by inserting before the period at the end the 

21 following: ‘‘, and (iv) governing data collection ac22 tivities related to applicants receiving grants under 

23 this section’’. 

24 (b) ANNUAL REPORT ON DATA COLLECTION.—Sec25 tion 21 of the Small Business Act (15 U.S.C. 648), as 


emcdonald on DSK3SPTVN1PROD with BILLS
1056 

HR 4909 PCS

1 amended by section 1873 of this Act, is further amended 

2 by adding at the end the following: 

3 ‘‘(p) ANNUAL REPORT ON DATA COLLECTION.—The 

4 Administrator shall report annually to the Committee on 

5 Small Business of the House of Representatives and the 

6 Committee on Small Business and Entrepreneurship of 

7 the Senate on any data collection activities related to the 

8 Small Business Development Center program.’’. 

9 (c) WORKING GROUP TO IMPROVE DATA COLLEC10 TION.— 

11 (1) ESTABLISHMENT AND STUDY.—The Admin12 istrator of the Small Business Administration shall 

13 establish a Data Collection Working Group con14 sisting of members from entrepreneurial develop15 ment grant recipients associations and organizations 

16 and Administration officials, to carry out a study to 

17 determine the best way to capture data collection 

18 and create or revise existing systems dedicated to 

19 data collection. 

20 (2) REPORT.—Not later than the end of the 

21 180-day period beginning on the date of the enact22 ment of this Act, the Data Collection Working 

23 Group shall issue a report to the Committee on 

24 Small Business of the House of Representatives and 

25 the Committee on Small Business and EntrepreVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1057 

HR 4909 PCS

1 neurship of the Senate containing the findings and 

2 determinations made in carrying out the study re3 quired under paragraph (1), including— 

4 (A) recommendations for revising existing 

5 data collection practices; and 

6 (B) a proposed plan for the Small Busi7 ness Administration to implement such rec8 ommendations. 

9 SEC. 1875. FEES FROM PRIVATE PARTNERSHIPS AND CO10 SPONSORSHIPS. 

11 Section 21(a)(3) of the Small Business Act (15 

12 U.S.C. 648(a)(3)(C)), as amended by section 1874, is fur13 ther amended by adding at the end the following: 

14 ‘‘(D) FEES FROM PRIVATE PARTNERSHIPS AND CO15 SPONSORSHIPS.—Participation in private partnerships 

16 and cosponsorships with the Administration shall not limit 

17 small business development centers from collecting fees or 

18 other income related to the operation of such private part19 nerships and cosponsorships.’’. 

20 SEC. 1876. EQUITY FOR SMALL BUSINESS DEVELOPMENT 

21 CENTERS. 

22 Subclause (I) of section 21(a)(4)(C)(v) of the Small 

23 Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amended to 

24 read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1058 

HR 4909 PCS

1 ‘‘(I) IN GENERAL.—Of the 

2 amounts made available in any fiscal 

3 year to carry out this section not 

4 more than $600,000 may be used by 

5 the Administration to pay expenses 

6 enumerated in subparagraphs (B) 

7 through (D) of section 20(a)(1).’’. 

8 SEC. 1877. CONFIDENTIALITY REQUIREMENTS. 

9 Section 21(a)(7)(A) of the Small Business Act (15 

10 U.S.C. 648(a)(7)(A)) is amended by inserting after 

11 ‘‘under this section’’ the following: ‘‘to any State, local or 

12 Federal agency, or third party’’. 

13 SEC. 1878. LIMITATION ON AWARD OF GRANTS TO SMALL 

14 BUSINESS DEVELOPMENT CENTERS. 

15 (a) IN GENERAL.—Section 21 of the Small Business 

16 Act (15 U.S.C. 648), as amended by section 1874, is fur17 ther amended— 

18 (1) in subsection (a)(1), by striking ‘‘any wom19 en’s business center operating pursuant to section 

20 29,’’; 

21 (2) by adding at the end the following: 

22 ‘‘(q) LIMITATION ON AWARD OF GRANTS.—Except 

23 for not-for-profit institutions of higher education, and not24 withstanding any other provision of law, the Administrator 

25 may not award grants (including contracts and cooperaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1059 

HR 4909 PCS

1 tive agreements) under this section to any entity other 

2 than those that received grants (including contracts and 

3 cooperative agreements) under this section prior to the 

4 date of the enactment of this subsection, and that seek 

5 to renew such grants (including contracts and cooperative 

6 agreements) after such date.’’. 

7 (b) RULE OF CONSTRUCTION.—The amendments 

8 made by this section may not be construed as prohibiting 

9 a women’s business center from receiving a subgrant from 

10 an entity receiving a grant under section 21 of the Small 

11 Business Act (15 U.S.C. 648). 

12 DIVISION B—MILITARY CON13 STRUCTION AUTHORIZA14 TIONS 

15 SEC. 2001. SHORT TITLE. 

16 This division may be cited as the ‘‘Military Construc17 tion Authorization Act for Fiscal Year 2017’’. 

18 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

19 AMOUNTS REQUIRED TO BE SPECIFIED BY 

20 LAW. 

21 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

22 YEARS.—Except as provided in subsection (b), all author23 izations contained in titles XXI through XXVII and title 

24 XXIX for military construction projects, land acquisition, 

25 family housing projects and facilities, and contributions to 


emcdonald on DSK3SPTVN1PROD with BILLS
1060 

HR 4909 PCS

1 the North Atlantic Treaty Organization Security Invest2 ment Program (and authorizations of appropriations 

3 therefor) shall expire on the later of— 

4 (1) October 1, 2019; or 

5 (2) the date of the enactment of an Act author6 izing funds for military construction for fiscal year 

7 2020. 

8 (b) EXCEPTION.—Subsection (a) shall not apply to 

9 authorizations for military construction projects, land ac10 quisition, family housing projects and facilities, and con11 tributions to the North Atlantic Treaty Organization Se12 curity Investment Program (and authorizations of appro13 priations therefor), for which appropriated funds have 

14 been obligated before the later of— 

15 (1) October 1, 2019; or 

16 (2) the date of the enactment of an Act author17 izing funds for fiscal year 2020 for military con18 struction projects, land acquisition, family housing 

19 projects and facilities, or contributions to the North 

20 Atlantic Treaty Organization Security Investment 

21 Program. 

22 SEC. 2003. EFFECTIVE DATE. 

23 Titles XXI through XXVII and title XXIX shall take 

24 effect on the later of— 

25 (1) October 1, 2016; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1061 

HR 4909 PCS

1 (2) the date of the enactment of this Act. 

2 TITLE XXI—ARMY MILITARY 

3 CONSTRUCTION 

4 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

5 ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2103(a) and available for military con9 struction projects inside the United States as specified in 

10 the funding table in section 4601, the Secretary of the 

11 Army may acquire real property and carry out military 

12 construction projects for the installations or locations in13 side the United States, and in the amounts, set forth in 

14 the following table: 

Army: Inside the United States 

State Installation Amount 

Alaska ............................ Fort Wainwright .................................................... $47,000,000 

California ....................... Concord .................................................................. $12,600,000 

Colorado ......................... Fort Carson ........................................................... $13,100,000 

Georgia ........................... Fort Gordon .......................................................... $129,600,000 

Fort Stewart .......................................................... $14,800,000 

Hawaii ............................ Fort Shafter .......................................................... $40,000,000 

Missouri .......................... Fort Leonard Wood ............................................... $6,900,000 

Texas .............................. Fort Hood .............................................................. $7,600,000 

Utah ............................... Camp Williams ...................................................... $7,400,000 

Virginia .......................... Fort Belvoir ........................................................... $23,000,000 

15 (b) OUTSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2103(a) and available for military con18 struction projects outside the United States as specified 

19 in the funding table in section 4601, the Secretary of the 

20 Army may acquire real property and carry out the military 


emcdonald on DSK3SPTVN1PROD with BILLS
1062 

HR 4909 PCS

1 construction project for the installations or locations out2 side the United States, and in the amount, set forth in 

3 the following table: 

Army: Outside the United States 

Country Installation Amount 

Cuba ............................... Guantanamo Bay .................................................... $33,000,000 

Germany .......................... East Camp Grafenwoehr ........................................ $22,000,000 

Garmisch ................................................................ $9,600,000 

Wiesbaden Army Airfield ....................................... $19,200,000 

4 SEC. 2102. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2103(a) and available for military 

8 family housing functions as specified in the funding table 

9 in section 4601, the Secretary of the Army may construct 

10 or acquire family housing units (including land acquisition 

11 and supporting facilities) at the installations or locations, 

12 in the number of units, and in the amounts set forth in 

13 the following table: 

Army: Family Housing 

State/Country Installation Units Amount 

Korea ....................... Camp Humphreys .... Family Housing New 

Construction ........ $297,000,000 

Camp Walker ........... Family Housing New 

Construction ........ $54,554,000 

14 (b) PLANNING AND DESIGN.—Using amounts appro15 priated pursuant to the authorization of appropriations in 

16 section 2103(a) and available for military family housing 

17 functions as specified in the funding table in section 4601, 

18 the Secretary of the Army may carry out architectural and 


emcdonald on DSK3SPTVN1PROD with BILLS
1063 

HR 4909 PCS

1 engineering services and construction design activities 

2 with respect to the construction or improvement of family 

3 housing units in an amount not to exceed $2,618,000. 

4 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

6 are hereby authorized to be appropriated for fiscal years 

7 beginning after September 30, 2016, for military con8 struction, land acquisition, and military family housing 

9 functions of the Department of the Army as specified in 

10 the funding table in section 4601. 

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and 

14 any other cost variation authorized by law, the total cost 

15 of all projects carried out under section 2101 may not ex16 ceed the total amount authorized to be appropriated under 

17 subsection (a), as specified in the funding table in section 

18 4601. 

19 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2014 PROJECT. 

21 In the case of the authorization contained in the table 

22 in section 2101(a) of the Military Construction Authoriza23 tion Act for Fiscal Year 2014 (division B of Public Law 

24 113–66; 127 Stat. 986) for Joint Base Lewis-McChord, 

25 Washington, for construction of an aircraft maintenance 


emcdonald on DSK3SPTVN1PROD with BILLS
1064 

HR 4909 PCS

1 hangar at the installation, the Secretary of the Army may 

2 construct an aircraft washing apron. 

3 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2013 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2013 (division B of Public Law 112-239; 126 Stat. 

8 2118), the authorizations set forth in the table in sub9 section (b), as provided in section 2101 of that Act (126 

10 Stat. 2119) and extended by section 2107 of the Military 

11 Construction Authorization Act for Fiscal Year 2016 (di12 vision B of Public Law 114–92; 129 Stat. 1148), shall 

13 remain in effect until October 1, 2017, or the date of the 

14 enactment of an Act authorizing funds for military con15 struction for fiscal year 2018, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Army: Extension of 2013 Project Authorizations 

State/Country Installation or Location Project Amount 

Kansas ...................... Fort Riley ............... Unmanned Aerial 

Vehicle Complex.

$12,200,000 

Virginia .................... Fort Belvoir ............ Secure Admin/Operations Facility.$172,200,000 

Italy .......................... Camp Ederle ........... Barracks ................. $36,000,000 

Japan ....................... Sagami .................... Vehicle Maintenance 

Shop.

$18,000,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1065 

HR 4909 PCS

1 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2014 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2014 (division B of Public Law 113–66; 127 Stat. 

6 985), the authorizations set forth in the table in sub7 section (b), as provided in section 2101 of that Act (127 

8 Stat. 986) shall remain in effect until October 1, 2017, 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2018, whichever 

11 is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Army: Extension of 2014 Project Authorizations 

State Installation or Location Project Amount 

Maryland .................. Fort Detrick ........... Entry Control Point $2,500,000 

Kwajalein Atoll ......... Kwajalein ................ Pier ......................... $63,000,000 

Japan ....................... Kyotango City ........ Company Operations Complex.$33,000,000 

14 TITLE XXII—NAVY MILITARY 

15 CONSTRUCTION 

16 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

17 ACQUISITION PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria20 tions in section 2204(a) and available for military con21 struction projects inside the United States as specified in 


emcdonald on DSK3SPTVN1PROD with BILLS
1066 

HR 4909 PCS

1 the funding table in section 4601, the Secretary of the 

2 Navy may acquire real property and carry out military 

3 construction projects for the installations or locations in4 side the United States, and in the amounts, set forth in 

5 the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ...................... Yuma ............................................................ $48,355,000 

California ................... Coronado ...................................................... $104,501,000 

Lemoore ....................................................... $26,723,000 

Miramar ....................................................... $193,600,000 

Seal Beach ................................................... $21,007,000 

Florida ....................... Eglin Air Force Base ................................... $20,489,000 

Mayport ........................................................ $66,000,000 

Pensacola ...................................................... $53,000,000 

Guam ......................... Joint Region Marianas ................................. $89,185,000 

Hawaii ....................... Barking Sands ............................................. $43,384,000 

Kaneohe Bay ................................................ $72,565,000 

Maine ......................... Kittery .......................................................... $47,892,000 

Maryland .................... Patuxent River ............................................. $40,576,000 

Nevada ....................... Fallon ........................................................... $13,523,000 

North Carolina .......... Camp Lejeune .............................................. $18,482,000 

Cherry Point Marine Corps Air Station ...... $12,515,000 

South Carolina ........... Beaufort ....................................................... $83,490,000 

Parris Island ................................................ $29,882,000 

Washington ................ Bangor ......................................................... $113,415,000 

Bremerton .................................................... $6,704,000 

Whidbey Island ............................................ $75,976,000 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 4601, the Secretary of the 

11 Navy may acquire real property and carry out military 

12 construction projects for the installation or location out13 side the United States, and in the amounts, set forth in 

14 the following table: 


emcdonald on DSK3SPTVN1PROD with BILLS
1067 

HR 4909 PCS

Navy: Outside the United States 

Country Installation or Location Amount 

Japan ......................... Kadena Air Base .......................................... $26,489,000 

Sasebo .......................................................... $16,420,000 

Spain .......................... Rota .............................................................. $23,607,000 

Worldwide Unspecified Unspecified Worldwide Locations ................ $41,380,000 

1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a) and available for military 

5 family housing functions as specified in the funding table 

6 in section 4601, the Secretary of the Navy may construct 

7 or acquire family housing units (including land acquisition 

8 and supporting facilities) at the installations or locations, 

9 in the number of units, and in the amounts set forth in 

10 the following table: 

Navy: Family Housing 

Country Installation Units Amount 

Mariana Islands ....... Guam ....................... Replace Andersen 

Housing PH 1 ..... $78,815,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2204(a) and available for military family housing 

14 functions as specified in the funding table in section 4601, 

15 the Secretary of the Navy may carry out architectural and 

16 engineering services and construction design activities 

17 with respect to the construction or improvement of family 

18 housing units in an amount not to exceed $4,149,000. 


emcdonald on DSK3SPTVN1PROD with BILLS
1068 

HR 4909 PCS

1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(a) and 

6 available for military family housing functions as specified 

7 in the funding table in section 4601, the Secretary of the 

8 Navy may improve existing military family housing units 

9 in an amount not to exceed $11,047,000. 

10 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

12 are hereby authorized to be appropriated for fiscal years 

13 beginning after September 30, 2016, for military con14 struction, land acquisition, and military family housing 

15 functions of the Department of the Navy, as specified in 

16 the funding table in section 4601. 

17 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and 

20 any other cost variation authorized by law, the total cost 

21 of all projects carried out under section 2201 may not ex22 ceed the total amount authorized to be appropriated under 

23 subsection (a), as specified in the funding table in section 

24 4601. 


emcdonald on DSK3SPTVN1PROD with BILLS
1069 

HR 4909 PCS

1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2014 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2201 of the Military Construction Authorization 

5 Act for Fiscal Year 2014 (division B of Public Law 113– 

6 66; 127 Stat. 989) for Pearl City, Hawaii, for construction 

7 of a water transmission line at that location, the Secretary 

8 of the Navy may construct a 591-meter (1,940-foot) long 

9 16-inch diameter water transmission line as part of the 

10 network required to provide the main water supply to 

11 Joint Base Pearl Harbor-Hickam, Hawaii. 

12 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

13 FISCAL YEAR 2013 PROJECTS. 

14 (a) EXTENSION.—Notwithstanding section 2002 of 

15 the Military Construction Authorization Act for Fiscal 

16 Year 2013 (division B of Public Law 112–239; 126 Stat. 

17 2118), the authorizations set forth in the table in sub18 section (b), as provided in section 2201 of that Act (126 

19 Stat. 2122) and extended by section 2206 of the Military 

20 Construction Authorization Act for Fiscal Year 2016 (di21 vision B of Public Law 114–92; 129 Stat. 1151), shall 

22 remain in effect until October 1, 2017, or the date of the 

23 enactment of an Act authorizing funds for military con24 struction for fiscal year 2018, whichever is later. 

25 (b) TABLE.—The table referred to in subsection (a) 

26 is as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1070 

HR 4909 PCS

Navy: Extension of 2013 Project Authorizations 

State/Country Installation or Location Project Amount 

California ................. Camp Pendleton ...... Comm. Information 

Systems Ops Complex ...................... $78,897,000 

Greece ...................... Souda Bay ............... Intermodal Access 

Road ..................... $4,630,000 

South Carolina ......... Beaufort ................... Recycling/Hazardous 

Waste Facility ...... $3,743,000 

Worldwide 

Unspecified.

Various Worldwide 

Locations ............. BAMS Operational 

Facilities .............. $34,048,000 

1 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2014 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2014 (division B of Public Law 113–66; 127 Stat. 

6 985), the authorizations set forth in the table in sub7 section (b), as provided in section 2201 of that Act (127 

8 Stat. 989), shall remain in effect until October 1, 2017, 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2018, whichever 

11 is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Navy: Extension of 2014 Project Authorizations 

State/Country Installation or Location Project Amount 

Hawaii ..................... Kaneohe Bay ........... Aircraft Maintenance 

Hangar Upgrades $31,820,000 

Pearl City ................ Water Transmission 

Line ...................... $30,100,000 

Illinois ...................... Great Lakes ............. Unaccompanied 

Housing ............... $35,851,000 

Maine ....................... Bangor ..................... NCTAMS VLF 

Commercial Power 

Connection ........... $13,800,000 

Nevada ..................... Fallon ...................... Wastewater Treatment Plant ........... $11,334,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1071 

HR 4909 PCS

Navy: Extension of 2014 Project Authorizations—Continued 

State/Country Installation or Location Project Amount 

Virginia .................... Quantico .................. Academic Instruction 

Facility TECOM 

Schools ................. $25,731,000 

Quantico .................. Fuller Road Improvements ........... $9,013,000 

1 SEC. 2208. STATUS OF ‘‘NET NEGATIVE’’ POLICY REGARD2 ING NAVY ACREAGE ON GUAM. 

3 (a) REPORT ON STATUS.— 

4 (1) REPORT.—Not later than 6 months after 

5 the date of the enactment of this Act, the Secretary 

6 of the Navy shall submit a report to the congres7 sional defense committees regarding the status of 

8 the implementation of the ‘‘net negative’’ policy re9 garding the total number of acres of the real prop10 erty controlled by the Department of the Navy on 

11 Guam, as described in subsection (b). 

12 (2) CONTENTS.—The report required under 

13 paragraph (1) shall include the following informa14 tion: 

15 (A) A description of the real property con16 trolled by the Navy on Guam which the Navy 

17 has transferred to the control of Guam after 

18 January 20, 2011, or which the Navy plans to 

19 transfer to the control of Guam, as well as a 

20 description of the specific legal authority under 


emcdonald on DSK3SPTVN1PROD with BILLS
1072 

HR 4909 PCS

1 which the Navy has transferred or will transfer 

2 each such property. 

3 (B) The methodology and process the 

4 Navy will use to determine the total number of 

5 acres of real property that the Navy will trans6 fer or has transferred to the control of Guam 

7 as part of the ‘‘net negative’’ policy, and the 

8 date on which the Navy will transfer or has 

9 transferred control of any such property. 

10 (C) A description of the real property con11 trolled by the Navy on Guam which the Navy 

12 plans to retain under its control and the rea13 sons for retaining such property, including a 

14 detailed explanation of the reasons for retaining 

15 any such property which has not been developed 

16 or for which no development has been proposed 

17 under the current installation master plans for 

18 major military installations (as described in sec19 tion 2864 of title 10, United States Code). 

20 (3) EXCLUSION OF CERTAIN PROPERTY.—In 

21 preparing and submitting the report under this sub22 section, the Secretary may not take into account any 

23 real property which has been identified prior to Jan24 uary 20, 2011, as property to be transferred to the 

25 Government of Guam under the Guam Excess 


emcdonald on DSK3SPTVN1PROD with BILLS
1073 

HR 4909 PCS

1 Lands Act (Public Law 103–339) or the Guam 

2 Land Use Plan (GLUP) 1977, or pursuant to base 

3 realignment and closure authorized under the De4 fense Base Closure and Realignment Act of 1990 

5 (part A of title XXIX of Public Law 101-510; 10 

6 U.S.C. 2687 note), whether or not the Navy trans7 ferred control of any such property to Guam at any 

8 time. 

9 (b) POLICY DESCRIBED.—The ‘‘net negative’’ policy 

10 described in this section is the policy of the Secretary of 

11 the Navy, as expressed in the statement released by Under 

12 Secretary of the Navy on January 20, 2011, that the relo13 cation of Marines to Guam occurring during 2011 will not 

14 cause the total number of acres of real property controlled 

15 by the Navy on Guam upon the completion of such reloca16 tion to exceed the total number of acres of real property 

17 controlled by the Navy on Guam prior to such relocation. 

18 TITLE XXIII—AIR FORCE 

19 MILITARY CONSTRUCTION 

20 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

21 LAND ACQUISITION PROJECTS. 

22 (a) INSIDE THE UNITED STATES.—Using amounts 

23 appropriated pursuant to the authorization of appropria24 tions in section 2304(a) and available for military con25 struction projects inside the United States as specified in 


emcdonald on DSK3SPTVN1PROD with BILLS
1074 

HR 4909 PCS

1 the funding table in section 4601, the Secretary of the 

2 Air Force may acquire real property and carry out mili3 tary construction projects for the installations or locations 

4 inside the United States, and in the amounts, set forth 

5 in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska .................................... Clear Air Force Station ............. $20,000,000 

Eielson Air Force Base .............. $213,300,000 

Joint Base Elmendorf-Richardson.$29,000,000 

Arizona .................................. Luke Air Force Base ................. $20,000,000 

California ............................... Edwards Air Force Base ............ $24,000,000 

Colorado ................................. Buckley Air Force Base ............. $13,500,000 

Delaware .............................. Dover Air Force Base ................ $39,000,000 

Florida ................................... Eglin Air Force Base ................. $88,600,000 

Patrick Air Force Base .............. $13,500,000 

Georgia .................................. Moody Air Force Base ............... $30,900,000 

Guam ..................................... Joint Region Marianas ............... $80,658,000 

Kansas ................................... McConnell Air Force Base ......... $19,800,000 

Louisiana ............................... Barksdale Air Force Base .......... $21,000,000 

Maryland ............................... Joint Base Andrews ................... $66,500,000 

Massachusetts ........................ Hanscom Air Force Base ........... $30,965,000 

Montana ................................. Malmstrom Air Force Base ....... $14,600,000 

Nevada ................................... Nellis Air Force Base ................. $10,600,000 

New Mexico ........................... Cannon Air Force Base ............. $21,000,000 

Holloman Air Force Base .......... $10,600,000 

Kirtland Air Force Base ............ $7,300,000 

Ohio ....................................... Wright-Patterson Air Force 

Base.

$12,600,000 

Oklahoma ............................... Altus Air Force Base ................. $11,600,000 

Tinker Air Force Base ............... $43,000,000 

South Carolina ...................... Joint Base Charleston ................ $17,000,000 

Texas ..................................... Joint Base San Antonio ............. $67,300,000 

Utah ....................................... Hill Air Force Base ................... $44,500,000 

Virginia .................................. Joint Base Langley-Eustis ......... $59,200,000 

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

Wyoming ................................ F.E. Warren Air Force Base ..... $5,550,000 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2304(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 4601, the Secretary of the 

11 Air Force may acquire real property and carry out miliVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1075 

HR 4909 PCS

1 tary construction projects for the installation or location 

2 outside the United States, and in the amount, set forth 

3 in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Australia ............................. Darwin .......................................... $30,400,000 

Germany ............................. Ramstein Air Base ........................ $13,437,000 

Spangdahlem Air Base ................. $43,465,000 

Japan .................................. Kadena Air Base ........................... $19,815,000 

Yokota Air Base ............................ $32,020,000 

Mariana Islands .................. Unspecified Location ..................... $9,000,000 

Turkey ................................ Incirlik Air Base ........................... $13,449,000 

United Arab Emirates ........ Al Dhafra ...................................... $35,400,000 

United Kingdom ................. Croughton RAF ............................ $16,500,000 

4 SEC. 2302. FAMILY HOUSING. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2304(a) and available 

7 for military family housing functions as specified in the 

8 funding table in section 4601, the Secretary of the Air 

9 Force may carry out architectural and engineering serv10 ices and construction design activities with respect to the 

11 construction or improvement of family housing units in an 

12 amount not to exceed $4,368,000. 

13 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

14 UNITS. 

15 Subject to section 2825 of title 10, United States 

16 Code, and using amounts appropriated pursuant to the 

17 authorization of appropriations in section 2304(a) and 

18 available for military family housing functions as specified 

19 in the funding table in section 4601, the Secretary of the 


emcdonald on DSK3SPTVN1PROD with BILLS
1076 

HR 4909 PCS

1 Air Force may improve existing military family housing 

2 units in an amount not to exceed $56,984,000. 

3 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

4 FORCE. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

6 are hereby authorized to be appropriated for fiscal years 

7 beginning after September 30, 2016, for military con8 struction, land acquisition, and military family housing 

9 functions of the Department of the Air Force, as specified 

10 in the funding table in section 4601. 

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and 

14 any other cost variation authorized by law, the total cost 

15 of all projects carried out under section 2301 may not ex16 ceed the total amount authorized to be appropriated under 

17 subsection (a), as specified in the funding table in section 

18 4601. 

19 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2016 PROJECT. 

21 In the case of the authorization contained in the table 

22 in section 2301(a) of the Military Construction Authoriza23 tion Act for Fiscal Year 2016 (division B of Public Law 

24 114–92; 129 Stat. 1152) for Malmstrom Air Force Base, 

25 Montana, for construction of a Tactical Response Force 


emcdonald on DSK3SPTVN1PROD with BILLS
1077 

HR 4909 PCS

1 Alert Facility at the installation, the Secretary of the Air 

2 Force may construct an emergency power generator sys3 tem consistent with the Air Force’s construction guide4 lines. 

5 SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2013 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2013 (division B of Public Law 112–239; 126 Stat. 

10 2118), the authorization set forth in the table in sub11 section (b), as provided in section 2301 of that Act (126 

12 Stat. 2126) and extended by section 2309 of the Military 

13 Construction Authorization Act for Fiscal Year 2016 (di14 vision B of Public Law 114–92; 129 Stat. 1155), shall 

15 remain in effect until October 1, 2017, or the date of the 

16 enactment of an Act authorizing funds for military con17 struction for fiscal year 2018, whichever is later. 

18 (b) TABLE.—The table referred to in subsection (a) 

19 is as follows: 

Air Force: Extension of 2013 Project Authorization 

State/Country Installation or Location Project Amount 

Portugal ................... Lajes Field ............... Sanitary Sewer Lift/ 

Pump Station ...... $2,000,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1078 

HR 4909 PCS

1 SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2014 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2014 (division B of Public Law 113–66; 127 Stat. 

6 985), the authorization set forth in the table in subsection 

7 (b), as provided in section 2301 of that Act (127 Stat. 

8 992), shall remain in effect until October 1, 2017, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2018, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Air Force: Extension of 2014 Project Authorizations 

Country Installation or Location Project Amount 

Worldwide Unspecified (Italy).Aviano Air Base ...... Guardian Angel Operations Facility ... $22,047,000 

13 SEC. 2308. RESTRICTION ON ACQUISITION OF PROPERTY IN 

14 NORTHERN MARIANA ISLANDS. 

15 The Secretary of the Air Force may not use any of 

16 the amounts authorized to be appropriated under section 

17 2304 to acquire property or interests in property at an 

18 unspecified location in the Commonwealth of the Northern 

19 Mariana Islands, as specified in the funding table set forth 

20 in section 2301(b) and the funding table in section 4601, 

21 until the congressional defense committees have received 


emcdonald on DSK3SPTVN1PROD with BILLS
1079 

HR 4909 PCS

1 from the Secretary a report providing the following infor2 mation: 

3 (1) The specific location of the property or in4 terest in property to be acquired. 

5 (2) The total cost, scope, and location of the 

6 military construction projects and the acquisition of 

7 property or interests in property required to support 

8 the Secretary’s proposed divert activities and exer9 cises in the Commonwealth of the Northern Mariana 

10 Islands. 

11 (3) An analysis of any alternative locations that 

12 the Secretary considered acquiring, including other 

13 locations or interests within the Commonwealth of 

14 the Northern Mariana Islands or the Freely Associ15 ated States. For purposes of this paragraph, the 

16 term ‘‘Freely Associated States’’ means the Republic 

17 of the Marshall Islands, the Federated States of Mi18 cronesia, and the Republic of Palau. 

19 TITLE XXIV—DEFENSE AGEN20 CIES MILITARY CONSTRUC21 TION 

22 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC23 TION AND LAND ACQUISITION PROJECTS. 

24 (a) INSIDE THE UNITED STATES.—Using amounts 

25 appropriated pursuant to the authorization of appropriaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1080 

HR 4909 PCS

1 tions in section 2403(a) and available for military con2 struction projects inside the United States as specified in 

3 the funding table in section 4601, the Secretary of De4 fense may acquire real property and carry out military 

5 construction projects for the installations or locations in6 side the United States, and in the amounts, set forth in 

7 the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alaska ......................................... Clear Air Force Station .......................... $155,000,000 

Fort Greely .............................................. $9,560,000 

Joint Base Elmendorf-Richardson .......... $4,900,000 

Arizona ....................................... Fort Huachuca ........................................ $4,493,000 

California .................................... Coronado ................................................. $175,412,000 

Travis Air Force Base ............................. $26,500,000 

Delaware .................................... Dover Air Force Base ............................. $44,115,000 

Florida ........................................ Patrick Air Force Base ........................... $10,100,000 

Georgia ....................................... Fort Benning ........................................... $4,820,000 

Fort Gordon ............................................ $25,000,000 

Maine .......................................... Portsmouth .............................................. $27,100,000 

Maryland .................................... Bethesda Naval Hospital ......................... $510,000,000 

Fort Meade .............................................. $38,000,000 

North Carolina ........................... Camp Lejeune ......................................... $31,000,000 

Fort Bragg .............................................. $86,593,000 

South Carolina ........................... Joint Base Charleston ............................. $17,000,000 

Texas .......................................... Red River Army Depot ............................ $44,700,000 

Sheppard Air Force Base ........................ $91,910,000 

Virginia ...................................... Pentagon ................................................. $20,216,000 

8 (b) OUTSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2403(a) and available for military con11 struction projects outside the United States as specified 

12 in the funding table in section 4601, the Secretary of De13 fense may acquire real property and carry out military 

14 construction projects for the installations or locations out15 side the United States, and in the amounts, set forth in 

16 the following table: 


emcdonald on DSK3SPTVN1PROD with BILLS
1081 

HR 4909 PCS

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Diego Garcia ................. Diego Garcia ........................................................ $30,000,000 

Germany ........................ Kaiserslautern ...................................................... $45,221,000 

Japan ............................ Ikakuni ................................................................. $6,664,000 

Kadena Air Base .................................................. $161,224,000 

Yokota Air Base ................................................... $113,731,000 

Kwajalein ....................... Kwajalein Atoll ..................................................... $85,500,000 

United Kingdom ............ Royal Air Force Croughton .................................. $71,424,000 

Royal Air Force Lakenheath ................................ $13,500,000 

Wake Island .................. Wake Island ......................................................... $11,670,000 

1 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

2 PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2403(a) and available for energy conserva6 tion projects as specified in the funding table in section 

7 4601, the Secretary of Defense may carry out energy con8 servation projects under chapter 173 of title 10, United 

9 States Code, in the amount set forth in the table: 

Energy Conservation Projects: Inside the United States 

State Installation or Location Amount 

California ....................... Edwards Air Force Base ...................................... $8,400,000 

Naval Base San Diego ......................................... $4,230,000 

Fort Hunter Liggett ............................................ $5,400,000 

Colorado ........................ Fort Carson .......................................................... $5,000,000 

Schriever Air Force Base ..................................... $3,295,000 

Florida ........................... SUBASE Kings Bay NAS Jacksonville ............... $3,230,000 

Guam ............................. NAVBASE Guam ................................................. $8,540,000 

Hawaii ........................... NSAH Wahiawa Kunia Oahu .............................. $14,890,000 

Ohio ............................... Wright Patterson Air Force Base ........................ $14,400,000 

Utah .............................. Dugway Proving Ground ...................................... $7,500,000 

Tooele Army Depot .............................................. $8,200,000 

Various Locations ......... Various Locations ................................................. $28,088,000 

10 (b) OUTSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in section 2403(a) and available for energy conserva13 tion projects outside the United States as specified in the 


emcdonald on DSK3SPTVN1PROD with BILLS
1082 

HR 4909 PCS

1 funding table in section 4601, the Secretary of Defense 

2 may carry out energy conservation projects under chapter 

3 173 of title 10, United States Code, for the installations 

4 or locations outside the United States, and in the 

5 amounts, set forth in the following table: 

Energy Conservation Projects: Outside the United States 

Country Installation or Location Amount 

Cuba .............................. Guantanamo Bay ................................................. $6,080,000 

Diego Garcia ................. NSF Diego Garcia ............................................... $17,010,000 

Japan ............................ Kadena Air Base .................................................. $4,007,000 

Misawa Air Base .................................................. $5,315,000 

Spain ............................. Rota ...................................................................... $3,710,000 

Various Locations ......... Various Locations ................................................. $2,705,000 

6 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE7 FENSE AGENCIES. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated for fiscal years 

10 beginning after September 30, 2016, for military con11 struction, land acquisition, and military family housing 

12 functions of the Department of Defense (other than the 

13 military departments), as specified in the funding table 

14 in section 4601. 

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and 

18 any other cost variation authorized by law, the total cost 

19 of all projects carried out under section 2401 of this Act 

20 may not exceed the total amount authorized to be approVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1083 

HR 4909 PCS

1 priated under subsection (a), as specified in the funding 

2 table in section 4601. 

3 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2014 PROJECT. 

5 In the case of the authorization in the table in section 

6 2401(b) of the Military Construction Authorization Act 

7 for Fiscal Year 2014 (division B of Public Law 113–66; 

8 127 Stat. 996), for Royal Air Force Lakenheath, United 

9 Kingdom, for construction of a high school, the Secretary 

10 of Defense may construct a combined middle/high school. 

11 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

12 FISCAL YEAR 2013 PROJECTS. 

13 (a) EXTENSION.—Notwithstanding section 2002 of 

14 the Military Construction Authorization Act for Fiscal 

15 Year 2013 (division B of Public Law 112–239; 126 Stat. 

16 2118), the authorizations set forth in the table in sub17 section (b), as provided in section 2401 of that Act (126 

18 Stat. 2127), as amended by section 2406(a) of the Mili19 tary Construction Authorization Act for Fiscal Year 2016 

20 (division B of Public Law 114–92; 129 Stat. 1160), shall 

21 remain in effect until October 1, 2017, or the date of the 

22 enactment of an Act authorizing funds for military con23 struction for fiscal year 2018, whichever is later. 

24 (b) TABLE.—The table referred to in subsection (a) 

25 is as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1084 

HR 4909 PCS

Defense Agencies: Extension of 2013 Project Authorizations 

State/Country Installation or Location Project Amount 

Japan ....................... Camp Zama ............. Renovate Zama High 

School .................. $13,273,000 

Pennsylvania ............ New Cumberland ..... Replace Reservoir .... $4,300,000 

1 SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2014 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2014 (division B of Public Law 113–66; 127 Stat. 

6 985), the authorizations set forth in the table in sub7 section (b), as provided in section 2401 of that Act (127 

8 Stat. 995), shall remain in effect until October 1, 2017 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2018, whichever 

11 is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Defense Agencies: Extension of 2014 Project Authorizations 

State/Country Installation or Location Project Amount 

California ................. Brawley .................... SOF Desert Warfare 

Training Center ... $23,095,000 

Germany .................. Kaiserslautern ......... Replace 

Kaiserslautern Elementary School .. $49,907,000 

Ramstein Air Base .. Replace Ramstein 

High School ......... $98,762,000 

Hawaii ..................... Joint Base Pearl 

Harbor-Hickam.

DISA Pacific Facility Upgrade .......... $2,615,000 

Massachusetts .......... Hanscom Air Force 

Base.

Replace Hanscom 

Primary School .... $36,213,000 

United Kindgom ...... RAF Lakenheath ..... Replace Lakenheath 

High School ......... $69,638,000 

Virginia .................... MCB Quantico ......... Replace Quantico 

Middle/High 

School .................. $40,586,000 

Pentagon PFPA Support Operations Center ....... $14,800,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1085 

HR 4909 PCS

Defense Agencies: Extension of 2014 Project Authorizations— 

Continued 

State/Country Installation or Location Project Amount 

Pentagon Raven Rock Administrative Facility 

Upgrade ............... $32,000,000 

Pentagon Boundary Channel 

Access Control 

Point .................... $6,700,000 

1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2016, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 


emcdonald on DSK3SPTVN1PROD with BILLS
1086 

HR 4909 PCS

1 Organization Security Investment Program authorized by 

2 section 2501 as specified in the funding table in section 

3 4601. 

4 TITLE XXVI—GUARD AND 

5 RESERVE FORCES FACILITIES 

6 Subtitle A—Project Authorizations 

7 and Authorization of Appropria8 tions 

9 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON10 STRUCTION AND LAND ACQUISITION 

11 PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606 and available for 

14 the National Guard and Reserve as specified in the fund15 ing table in section 4601, the Secretary of the Army may 

16 acquire real property and carry out military construction 

17 projects for the Army National Guard locations inside the 

18 United States, and in the amounts, set forth in the fol19 lowing table: 

Army National Guard 

State Location Amount 

Colorado ........................ Fort Carson .......................................................... $16,500,000 

Hawaii ........................... Hilo ....................................................................... $31,000,000 

Iowa ............................... Davenport ............................................................. $23,000,000 

Kansas ........................... Fort Leavenworth ................................................. $29,000,000 

New Hampshire ............ Hooksett ............................................................... $11,000,000 

........................................ Rochester .............................................................. $8,900,000 

Oklahoma ...................... Ardmore ................................................................ $22,000,000 

Pennsylvania ................. Fort Indiantown Gap ........................................... $20,000,000 

York ...................................................................... $9,300,000 

Rhode Island ................. East Greenwich .................................................... $20,000,000 

Utah .............................. Camp Williams ..................................................... $37,000,000 

Wyoming ....................... Camp Guernsey .................................................... $31,000,000 

Laramie ................................................................ $21,000,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1087 

HR 4909 PCS

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the Army Reserve locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table: 

Army Reserve 

State Location Amount 

Arizona .......................... Phoenix ................................................................. $30,000,000 

California ....................... Barstow ................................................................ $29,000,000 

Camp Parks .......................................................... $19,000,000 

Fort Hunter Liggett ............................................ $21,500,000 

Virginia ......................... Dublin ................................................................... $6,000,000 

Washington ................... Joint Base Lewis-McChord .................................. $27,500,000 

Wisconsin ...................... Fort McCoy .......................................................... $11,400,000 

11 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

12 CORPS RESERVE CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2606 and available for 

16 the National Guard and Reserve as specified in the fund17 ing table in section 4601, the Secretary of the Navy may 

18 acquire real property and carry out military construction 

19 projects for the Navy Reserve and Marine Corps Reserve 

20 locations inside the United States, and in the amounts, 

21 set forth in the following table: 


emcdonald on DSK3SPTVN1PROD with BILLS
1088 

HR 4909 PCS

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Louisiana ....................... New Orleans ......................................................... $11,207,000 

New York ...................... Brooklyn ............................................................... $1,964,000 

........................................ Syracuse ............................................................... $13,229,000 

Texas ............................. Galveston .............................................................. $8,414,000 

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the Air National Guard locations inside 

9 the United States, and in the amounts, set forth in the 

10 following table: 

Air National Guard 

State Location Amount 

Connecticut .................... Bradley IAP ......................................................... $6,300,000 

Florida ........................... Jacksonville IAP ................................................... $9,000,000 

Hawaii ........................... Joint Base Pearl Harbor-Hickam ........................ $11,000,000 

Iowa ............................... Sioux Gateway Airport ......................................... $12,600,000 

Maryland ....................... Joint Base Andrews ............................................. $5,000,000 

Minnesota ...................... Duluth IAP .......................................................... $7,600,000 

New Hampshire ............ Pease International Trade Port ........................... $1,500,000 

North Carolina .............. Charlotte/Douglas IAP ......................................... $50,600,000 

Ohio ............................... Toledo Express Airport ........................................ $6,000,000 

South Carolina .............. McEntire ANGS ................................................... $8,400,000 

Texas ............................. Ellington Field ..................................................... $4,500,000 

Vermont ......................... Burlington IAP .................................................... $4,500,000 

11 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2606 and available for 

15 the National Guard and Reserve as specified in the fundVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1089 

HR 4909 PCS

1 ing table in section 4601, the Secretary of the Air Force 

2 may acquire real property and carry out military construc3 tion projects for the Air Force Reserve locations inside 

4 the United States, and in the amounts, set forth in the 

5 following table: 

Air Force Reserve 

State Location Amount 

Guam ............................. Anderson Air Force Base ..................................... $5,200,000 

Massachusetts ............... Westover Air Reserve Base .................................. $9,200,000 

North Carolina .............. Seymour Johnson Air Force Base ....................... $97,950,000 

Pennsylvania ................. Pittsburgh IAP ..................................................... $85,000,000 

Utah .............................. Hill Air Force Base .............................................. $3,050,000 

6 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA7 TIONAL GUARD AND RESERVE. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2016, for the 

10 costs of acquisition, architectural and engineering services, 

11 and construction of facilities for the Guard and Reserve 

12 Forces, and for contributions therefor, under chapter 

13 1803 of title 10, United States Code (including the cost 

14 of acquisition of land for those facilities), as specified in 

15 the funding table in section 4601. 

16 Subtitle B—Other Matters 

17 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2014 PROJECT. 

19 In the case of the authorization contained in the table 

20 in section 2602 of the Military Construction Authorization 

21 Act for Fiscal Year 2014 (division B of Public Law 113– 


emcdonald on DSK3SPTVN1PROD with BILLS
1090 

HR 4909 PCS

1 66; 127 Stat. 1001) for Bullville, New York, for construc2 tion of a new Army Reserve Center at that location, the 

3 Secretary of the Army may add to or alter the existing 

4 Army Reserve Center at Bullville, New York. 

5 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 

6 CERTAIN FISCAL YEAR 2015 PROJECT. 

7 In the case of the authorization contained in the table 

8 in section 2603 of the Military Construction Authorization 

9 Act for Fiscal Year 2015 (division B of Public Law 113– 

10 291; 128 Stat. 3689) for Pittsburgh, Pennsylvania, for 

11 construction of a Reserve Training Center at that location, 

12 the Secretary of the Navy may acquire approximately 8.5 

13 acres (370,260 square feet) of adjacent land, obtain nec14 essary interest in land, and construct road improvements 

15 and associated supporting facilities to provide required ac16 cess to the Reserve Training Center. 

17 SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2016 PROJECT. 

19 In the case of the authorization contained in the table 

20 in section 2602 of the Military Construction Authorization 

21 Act for Fiscal Year 2016 (division B of Public Law 114– 

22 92; 129 Stat. 1163) for MacDill Air Force Base, Florida, 

23 for construction of an Army Reserve Center/Aviation Sup24 port Facility at that location, the Secretary of the Army 

25 may relocate and construct replacement skeet and grenade 


emcdonald on DSK3SPTVN1PROD with BILLS
1091 

HR 4909 PCS

1 launcher ranges necessary to clear the site for the new 

2 Army Reserve facilities. 

3 SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN 

4 FISCAL YEAR 2013 PROJECT. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2013 (division B of Public Law 112-239; 126 Stat. 

8 2118), the authorizations set forth in the table in sub9 section (b), as provided in section 2603 of that Act (126 

10 Stat. 2135) and extended by section 2614 of the Military 

11 Construction Authorization Act for Fiscal Year 2016 (di12 vision B of Public Law 114-92; 129 Stat. 1166), shall re13 main in effect until October 1, 2017, or the date of the 

14 enactment of an Act authorizing funds for military con15 struction for fiscal year 2018, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

National Guard and Reserve: Extension of 2013 Project 

Authorization 

State Installation or Location Project Amount 

Iowa ......................... Fort Des Moines ...... Joint Reserve Center $19,162,000 

18 SEC. 2615. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2014 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2014 (division B of Public Law 113-66; 127 Stat. 


emcdonald on DSK3SPTVN1PROD with BILLS
1092 

HR 4909 PCS

1 985), the authorizations set forth in the table in sub2 section (b), as provided in sections 2602, 2603, 2604, and 

3 2605 of that Act (127 Stat. 1001, 1002), shall remain 

4 in effect until October 1, 2017, or the date of the enact5 ment of an Act authorizing funds for military construction 

6 for fiscal year 2018, whichever is later. 

7 (b) TABLE.—The table referred to in subsection (a) 

8 is as follows: 

National Guard and Reserve: Extension of 2014 Project 

Authorizations 

State Installation or Location Project Amount 

California ................. Camp Parks ............. Army Reserve Center $17,500,000 

.................................. March Air Force 

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

Reserve Training 

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

Florida ..................... Homestead ARB ...... Entry Control Complex ...................... $9,800,000 

Maryland .................. Fort Meade .............. 175th Network Warfare Squadron Facility ..................... $4,000,000 

.................................. Martin State Airport Cyber/ISR Facility ... $8,000,000 

New York ................. Bullville .................... Army Reserve Center $14,500,000 

9 TITLE XXVII—BASE REALIGN10 MENT AND CLOSURE ACTIVI11 TIES 

12 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

13 BASE REALIGNMENT AND CLOSURE ACTIVI14 TIES FUNDED THROUGH DEPARTMENT OF 

15 DEFENSE BASE CLOSURE ACCOUNT. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2016, for base 

18 realignment and closure activities, including real property 


emcdonald on DSK3SPTVN1PROD with BILLS
1093 

HR 4909 PCS

1 acquisition and military construction projects, as author2 ized by the Defense Base Closure and Realignment Act 

3 of 1990 (part A of title XXIX of Public Law 101-510; 

4 10 U.S.C. 2687 note) and funded through the Department 

5 of Defense Base Closure Account established by section 

6 2906 of such Act (as amended by section 2711 of the Mili7 tary Construction Authorization Act for Fiscal Year 2013 

8 (division B of Public Law 112-239; 126 Stat. 2140)), as 

9 specified in the funding table in section 4601. 

10 SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL 

11 BASE REALIGNMENT AND CLOSURE (BRAC) 

12 ROUND. 

13 Nothing in this Act shall be construed to authorize 

14 an additional Base Realignment and Closure (BRAC) 

15 round. Nothing in the previous sentence shall be construed 

16 to affect the authority of the Secretary of Defense to com17 ply with any requirement under law, or with any request 

18 of a congressional defense committee, to conduct an anal19 ysis, study, or report of the infrastructure needs of the 

20 Department of Defense, including the infrastructure in21 ventory required to be prepared under section 2815(a)(2) 

22 of the National Defense Authorization Act for Fiscal Year 

23 2016 (Public Law 114–92; 129 Stat. 1175). 


emcdonald on DSK3SPTVN1PROD with BILLS
1094 

HR 4909 PCS

1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 Subtitle A—Military Construction 

5 Program and Military Family 

6 Housing 

7 SEC. 2801. MODIFICATION OF CRITERIA FOR TREATMENT 

8 OF LABORATORY REVITALIZATION PROJECTS 

9 AS MINOR MILITARY CONSTRUCTION 

10 PROJECTS. 

11 (a) INCREASE IN THRESHOLD.—Section 2805(d) of 

12 title 10, United States Code, is amended by striking 

13 ‘‘$4,000,000’’ each place it appears in paragraph (1)(A), 

14 (1)(B), and (2) and inserting ‘‘$6,000,000’’. 

15 (b) NOTICE REQUIREMENTS.—Section 2805(d) of 

16 such title is amended— 

17 (1) by striking the second sentence of para18 graph (2); and 

19 (2) by amending paragraph (3) to read as fol20 lows: 

21 ‘‘(3) If the Secretary concerned makes a decision to 

22 carry out an unspecified minor military construction 

23 project to which this subsection applies, the Secretary con24 cerned shall notify in writing the appropriate committees 

25 of Congress of that decision, of the justification for the 


emcdonald on DSK3SPTVN1PROD with BILLS
1095 

HR 4909 PCS

1 project, and of the estimated cost of the project. The 

2 project may then be carried out only after the end of the 

3 21-day period beginning on the date the notification is re4 ceived by the committees or, if earlier, the end of the 14- 

5 day period beginning on the date on which a copy of the 

6 notification is provided in an electronic medium pursuant 

7 to section 480 of this title.’’. 

8 (c) REPEAL OF SUNSET.—Section 2805(d) of such 

9 title is amended by striking paragraph (5). 

10 SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION 

11 PROJECTS AS REPAIR PROJECTS. 

12 Subsection (e) of section 2811 of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘(e) REPAIR PROJECT DEFINED.—In this section, 

15 the term ‘repair project’ means a project— 

16 ‘‘(1) to restore a real property facility, system, 

17 or component to such a condition that it may effec18 tively be used for its designated functional purpose; 

19 or 

20 ‘‘(2) to convert a real property facility, system, 

21 or component to a new functional purpose without 

22 increasing its external dimensions.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1096 

HR 4909 PCS

1 SEC. 2803. EXTENSION OF TEMPORARY, LIMITED AUTHOR2 ITY TO USE OPERATION AND MAINTENANCE 

3 FUNDS FOR CONSTRUCTION PROJECTS OUT4 SIDE THE UNITED STATES. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (h) of 

6 section 2808 of the Military Construction Authorization 

7 Act for Fiscal Year 2004 (division B of Public Law 108– 

8 136; 117 Stat. 1723), as most recently amended by sec9 tion 2802 of the Military Construction Authorization Act 

10 for Fiscal Year 2016 (division B of Public Law 114–92; 

11 129 Stat. XXXX), is amended— 

12 (1) in paragraph (1), by striking ‘‘December 

13 31, 2016’’ and inserting ‘‘December 31, 2017’’; and 

14 (2) in paragraph (2), by striking ‘‘fiscal year 

15 2017’’ and inserting ‘‘fiscal year 2018’’. 

16 (b) LIMITATION ON USE OF AUTHORITY.—Sub17 section (c)(1) of such section is amended— 

18 (1) by striking ‘‘October 1, 2015’’ and inserting 

19 ‘‘October 1, 2016’’; 

20 (2) by striking ‘‘December 31, 2016’’ and in21 serting ‘‘December 31, 2017’’; and 

22 (3) by striking ‘‘fiscal year 2017’’ and inserting 

23 ‘‘fiscal year 2018’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1097 

HR 4909 PCS

1 SEC. 2804. EXTENSION OF TEMPORARY AUTHORITY FOR 

2 ACCEPTANCE AND USE OF CONTRIBUTIONS 

3 FOR CERTAIN CONSTRUCTION, MAINTE4 NANCE, AND REPAIR PROJECTS MUTUALLY 

5 BENEFICIAL TO THE DEPARTMENT OF DE6 FENSE AND KUWAIT MILITARY FORCES. 

7 Section 2804(f) of the National Defense Authoriza8 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

9 Stat. 1171; 10 U.S.C. 2350j note) is amended by striking 

10 ‘‘September 30, 2020’’ and inserting ‘‘September 30, 

11 2025’’. 

12 SEC. 2805. NOTICE AND REPORTING REQUIREMENTS FOR 

13 ENERGY CONSERVATION CONSTRUCTION 

14 PROJECTS. 

15 (a) CONTENTS OF NOTIFICATIONS.— 

16 (1) CONTENTS.—Section 2914(b) of title 10, 

17 United States Code, is amended by striking the pe18 riod at the end of the first sentence and inserting 

19 the following: ‘‘, and shall include in the notification 

20 the justification and current cost estimate for the 

21 project, the expected savings to investment ratio and 

22 simple payback estimates, and the project’s measure23 ment and validation plan and costs.’’. 

24 (2) EFFECTIVE DATE.—The amendment made 

25 by paragraph (1) shall apply with respect to notificaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1098 

HR 4909 PCS

1 tions provided during fiscal year 2017 or any suc2 ceeding fiscal year. 

3 (b) ANNUAL REPORT.—Section 2914 of such title is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(c) ANNUAL REPORT.—Not later than 90 days after 

7 the end of each fiscal year (beginning with fiscal year 

8 2017), the Secretary of Defense shall submit to the appro9 priate committees of Congress a report on the status of 

10 the projects carried out under this section (including com11 pleted projects), and shall include in the report with re12 spect to each such project the following information: 

13 ‘‘(1) The title, location, and a brief description 

14 of the scope of work. 

15 ‘‘(2) The original cost estimate and expected 

16 savings to investment ratio and simple payback esti17 mates, and the original measurement and validation 

18 plan and costs. 

19 ‘‘(3) The most recent cost estimate and ex20 pected savings to investment ratio and simple pay21 back estimates, and the most recent version of the 

22 measurement and validation plan and costs. 

23 ‘‘(4) Such other information as the Secretary 

24 considers appropriate.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1099 

HR 4909 PCS

1 SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICI2 PATION IN DEFENSE LABORATORY MOD3 ERNIZATION PILOT PROGRAM. 

4 Section 2803(a) of the National Defense Authoriza5 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

6 Stat. 1169; 10 U.S.C. 2358 note) is amended by adding 

7 by adding at the end the following: 

8 ‘‘(4) A Department of Defense research, devel9 opment, test, and evaluation facility that is not des10 ignated as a Science and Technology Reinvention 

11 Laboratory, but nonetheless is involved with develop12 mental test and evaluation.’’. 

13 SEC. 2807. SENSE OF CONGRESS ON MAXIMIZING NUMBER 

14 OF VETERANS EMPLOYED ON MILITARY CON15 STRUCTION PROJECTS. 

16 It is the sense of Congress that, when practical and 

17 cost-effective, the Department of Defense should seek 

18 ways to maximize the number of veterans employed on 

19 military construction projects (as defined in section 2801 

20 of title 10, United States Code). 


emcdonald on DSK3SPTVN1PROD with BILLS
1100 

HR 4909 PCS

1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. CONGRESSIONAL NOTIFICATION FOR IN-KIND 

4 CONTRIBUTIONS FOR OVERSEAS MILITARY 

5 CONSTRUCTION PROJECTS. 

6 (a) NOTIFICATION REQUIREMENT.—Subsection (f) of 

7 section 2687a of title 10, United States Code, is amended 

8 to read as follows: 

9 ‘‘(f) CONGRESSIONAL OVERSIGHT OF PAYMENT IN10 KIND AND IN-KIND CONTRIBUTIONS FOR OVERSEAS

11 PROJECTS.—(1) In the event the Secretary of Defense ac12 cepts a military construction project to be built for De13 partment of Defense personnel outside the United States 

14 as a payment-in-kind or an in-kind contribution required 

15 by a bilateral agreement with a host country, the Sec16 retary of Defense shall submit to the congressional defense 

17 committees a written notification at least 30 days before 

18 the initiation date for any such military construction 

19 project. 

20 ‘‘(2) A notification under paragraph (1) with respect 

21 to a proposed military construction project shall include 

22 the following: 

23 ‘‘(A) The requirements for, and purpose and 

24 description of, the proposed project. 

25 ‘‘(B) The cost of the proposed project. 


emcdonald on DSK3SPTVN1PROD with BILLS
1101 

HR 4909 PCS

1 ‘‘(C) The scope of the proposed project. 

2 ‘‘(D) The schedule for the proposed project. 

3 ‘‘(E) Such other details as the Secretary con4 siders relevant.’’. 

5 (b) CONFORMING AMENDMENT.—Section 2802 of 

6 such title is amended by striking subsection (d). 

7 (c) REPEAL.—Section 2803 of the Carl Levin and 

8 Howard ‘‘Buck’’ McKeon National Defense Authorization 

9 Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 

10 3696) is repealed, and the provisions of law amended by 

11 subsections (a) and (b) of that section shall be restored 

12 as if such section had not been enacted into law. 

13 SEC. 2812. PROHIBITION ON USE OF MILITARY INSTALLA14 TIONS TO HOUSE UNACCOMPANIED ALIEN 

15 CHILDREN. 

16 (a) PROHIBITION.—A military installation may not 

17 be used to house any unaccompanied alien child. 

18 (b) DEFINITIONS.—In this section: 

19 (1) The term ‘‘military installation’’ has the 

20 meaning given that term in section 2801(c)(4) of 

21 title 10, United States Code, but does not include an 

22 installation located outside of the United States. 

23 (2) The term ‘‘unaccompanied alien child’’ has 

24 the meaning given such term in section 462(g)(2) of 


emcdonald on DSK3SPTVN1PROD with BILLS
1102 

HR 4909 PCS

1 the Homeland Security Act of 2002 (6 U.S.C. 

2 279(g)(2)). 

3 SEC. 2813. ALLOTMENT OF SPACE AND PROVISION OF 

4 SERVICES TO WIC OFFICES OPERATING ON 

5 MILITARY INSTALLATIONS. 

6 (a) ALLOTMENT OF SPACE AND PROVISION OF SERV7 ICES AUTHORIZED.—Chapter 152 of title 10, United 

8 States Code, is amended by inserting after section 2566 

9 the following new section: 

10 ‘‘§ 2567. Space and services: provision to WIC offices 

11 ‘‘(a) ALLOTMENT OF SPACE AND PROVISION OF

12 SERVICES AUTHORIZED.—Upon application by a WIC of13 fice, the Secretary of a military department may allot 

14 space on a military installation under the jurisdiction of 

15 the Secretary to the WIC office without charge for rent 

16 or services if the Secretary determines that— 

17 ‘‘(1) the WIC office provides or will provide 

18 services solely to members of the armed forces as19 signed to the installation, civilian employees of the 

20 Department of Defense employed at the installation, 

21 or dependents of such members or employees; 

22 ‘‘(2) space is available on the installation; 

23 ‘‘(3) operation of the WIC office will not hinder 

24 military mission requirements; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1103 

HR 4909 PCS

1 ‘‘(4) the security situation at the installation 

2 permits the presence of a non-Federal entity on the 

3 installation. 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘services’ includes the provision 

6 of lighting, heating, cooling, and electricity. 

7 ‘‘(2) The term ‘WIC office’ means a local agen8 cy (as defined in subsection (b)(6) of section 17 of 

9 the Child Nutrition Act of 1966 (42 U.S.C. 1786)) 

10 that participates in the special supplemental nutri11 tion program for women, infants, and children under 

12 such section.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 152 of title 10, United States 

15 Code, is amended by inserting after the item relating to 

16 section 2566 the following new item: 

‘‘2567. Space and services: provision to WIC offices’’. 

17 SEC. 2814. SENSE OF CONGRESS REGARDING NEED TO CON18 SULT WITH STATE AND LOCAL OFFICIALS 

19 PRIOR TO ACQUISITIONS OF REAL PROP20 ERTY. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that, prior to acquiring real property in a State for 

23 use of the Department of Defense (including through pur24 chase, lease, or any other arrangement), the Secretary of 

25 Defense or the Secretary of the military department conVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1104 

HR 4909 PCS

1 cerned should consult with the chief executive of the State 

2 and representatives of units of local government with ju3 risdiction over the property, with the goal of resolving po4 tential conflicts regarding the use of the property before 

5 such conflicts arise. 

6 (b) STATE DEFINED.—In this section, the term 

7 ‘‘State’’ means each of the several States, the District of 

8 Columbia, the Commonwealth of Puerto Rico, American 

9 Samoa, Guam, the United States Virgin Islands, and the 

10 Commonwealth of the Northern Mariana Islands. 

11 SEC. 2815. SENSE OF CONGRESS REGARDING INCLUSION 

12 OF STORMWATER SYSTEMS AND COMPO13 NENTS WITHIN THE MEANING OF ‘‘WASTE14 WATER SYSTEM’’ UNDER THE DEPARTMENT 

15 OF DEFENSE AUTHORITY FOR CONVEYANCE 

16 OF UTILITY SYSTEMS. 

17 It is the sense of Congress that the reference to a 

18 system for the collection or treatment of wastewater in the 

19 definition of ‘‘utility system’’ in section 2688 of title 10, 

20 United States Code, which authorizes the Department of 

21 Defense to convey utility systems, includes stormwater 

22 systems and components. 


emcdonald on DSK3SPTVN1PROD with BILLS
1105 

HR 4909 PCS

1 SEC. 2816. ASSESSMENT OF PUBLIC SCHOOLS ON DEPART2 MENT OF DEFENSE INSTALLATIONS. 

3 Not later than one year after the date of the enact4 ment of this Act, the Secretary of Defense shall submit 

5 to the congressional defense committees a report that in6 cludes an update of the July 2011 assessment on the con7 dition and capacity of elementary and secondary public 

8 schools on military installations, including consideration 

9 for— 

10 (1) schools that have had changes in their con11 dition or capacity since the original assessment; and 

12 (2) schools that may have been inadvertently 

13 omitted from the original assessment. 

14 SEC. 2817. IMPROVED PROCESS FOR DISPOSAL OF DEPART15 MENT OF DEFENSE SURPLUS REAL PROP16 ERTY LOCATED OVERSEAS. 

17 (a) PETITION TO ACQUIRE SURPLUS PROPERTY.— 

18 2687a of title 10, United States Code, is amended— 

19 (1) by redesignating subsection (g) as sub20 section (h); and 

21 (2) by inserting after subsection (f) the fol22 lowing new subsection: 

23 ‘‘(g) PETITION PROCESS FOR DISPOSAL OF OVER24 SEAS SURPLUS REAL PROPERTY.—(1) The Secretary of 

25 Defense shall establish a process by which a foreign gov26 ernment may request the transfer of surplus real property 


emcdonald on DSK3SPTVN1PROD with BILLS
1106 

HR 4909 PCS

1 or improvements under the jurisdiction of the Department 

2 of Defense in the foreign country. 

3 ‘‘(2) Upon the receipt of a petition under this sub4 section, the Secretary shall determine within 90 days 

5 whether the property or improvement subject to the peti6 tion is surplus. If surplus, the Secretary shall seek to enter 

7 into an agreement with the foreign government within one 

8 year for the disposal of the property. 

9 ‘‘(3) If real property or an improvement is deter10 mined not to be surplus, the Secretary shall not be obli11 gated to consider another petition involving the same 

12 property or improvement for five years beginning on the 

13 date on which the initial determination was made.’’. 

14 (b) ADDITIONAL USE OF DEPARTMENT OF DEFENSE

15 OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY

16 ACCOUNT.—Section 2687a(b) of title 10, United States 

17 Code, is amended— 

18 (1) in paragraph (1), by inserting ‘‘property 

19 disposal agreement,’’ after ‘‘forces agreement,’’; and 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘and’’ at the end of sub22 paragraph (A); 

23 (B) by striking the period at the end of 

24 subparagraph (B) and inserting ‘‘; and’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1107 

HR 4909 PCS

1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) military readiness programs.’’. 

4 (c) REPORTING REQUIREMENT.—Section 2687a(a) 

5 of title 10, United States Code, is amended by adding at 

6 the end the following new paragraph: 

7 ‘‘(3) A report under paragraph (1) also shall specify 

8 the following: 

9 ‘‘(A) The number of petitions received under 

10 subsection (g) from foreign governments requesting 

11 the transfer of surplus real property or improve12 ments under the jurisdiction of the Department of 

13 Defense overseas. 

14 ‘‘(B) The status of each petition, including 

15 whether reviewed, denied, or granted. 

16 ‘‘(C) The implementation status of each grant17 ed petition.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1108 

HR 4909 PCS

1 Subtitle C—Provision Related to 

2 Asia-Pacific Military Realignment 

3 SEC. 2821. LIMITED EXCEPTIONS TO RESTRICTION ON DE4 VELOPMENT OF PUBLIC INFRASTRUCTURE 

5 IN CONNECTION WITH REALIGNMENT OF MA6 RINE CORPS FORCES IN ASIA-PACIFIC RE7 GION. 

8 (a) REVISION.—Notwithstanding section 2821(b) of 

9 the Military Construction Authorization Act for Fiscal 

10 Year 2015 (division B of Public Law 113–291; 128 Stat. 

11 3701), the Secretary of Defense may proceed with a public 

12 infrastructure project on Guam which is described in sub13 section (b) if— 

14 (1) the project was identified in the report pre15 pared by the Secretary of Defense under section 

16 2822(d)(2) of the Military Construction Authoriza17 tion Act for Fiscal Year 2014 (division B of Public 

18 Law 113–66; 127 Stat. 1017); and 

19 (2) amounts have been appropriated or made 

20 available to be expended by the Department of De21 fense for the project. 

22 (b) PROJECTS DESCRIBED.—A project described in 

23 this subsection is any of the following: 

24 (1) A project intended to improve water and 

25 wastewater systems. 


emcdonald on DSK3SPTVN1PROD with BILLS
1109 

HR 4909 PCS

1 (2) A project intended to improve curation of 

2 archeological and cultural artifacts. 

3 (3) A project intended to improve the control 

4 and containment of public health threats. 

5 (c) REPEAL OF SUPERSEDED LAW.—Section 2821 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2016 (division B of Public Law 114–92; 129 Stat. 

8 1177) is repealed. 

9 Subtitle D—Land Conveyances 

10 SEC. 2831. LAND CONVEYANCES, HIGH FREQUENCY ACTIVE 

11 AURORAL RESEARCH PROGRAM FACILITY 

12 AND ADJACENT PROPERTY, GAKONA, ALAS13 KA. 

14 (a) CONVEYANCES AUTHORIZED.— 

15 (1) CONVEYANCE TO UNIVERSITY OF ALAS16 KA.—The Secretary of the Air Force may convey to 

17 the University of Alaska (in this section referred to 

18 as the ‘‘University’’) all right, title, and interest of 

19 the United States in and to a parcel of real prop20 erty, including improvements thereon, consisting of 

21 approximately 1,158 acres near the Gulkana Village, 

22 Alaska, which were purchased by the Secretary of 

23 the Air Force from Ahtna, Incorporated, in January 

24 1989, contain a High Frequency Active Auroral Re25 search Program facility, and comprise a portion of 


emcdonald on DSK3SPTVN1PROD with BILLS
1110 

HR 4909 PCS

1 the property more particularly described in sub2 section (b), for the purpose of permitting the Uni3 versity to use the conveyed property for public pur4 poses. 

5 (2) CONVEYANCE TO ALASKA NATIVE CORPORA6 TION.—The Secretary of the Air Force may convey 

7 to the Ahtna, Incorporated, (in this section referred 

8 to as ‘‘Ahtna’’), all right, title, and interest of the 

9 United States in and to a parcel of real property, in10 cluding improvements thereon, consisting of approxi11 mately 4,259 acres near Gulkana Village, Alaska, 

12 which were purchased by the Secretary of the Air 

13 Force from Ahtna, Incorporated, in January 1989 

14 and comprise the portion of the property more par15 ticularly described in subsection (b) that does not 

16 contain the High Frequency Active Auroral Re17 search Program facility. The property to be con18 veyed under this paragraph does not include any of 

19 the property authorized for conveyance to the Uni20 versity under paragraph (1). 

21 (b) PROPERTY DESCRIBED.—Subject to the property 

22 exclusions specified in subsection (c), the real property au23 thorized for conveyance under subsection (a) consists of 

24 portions of sections within township 7 north, range 1 east; 

25 township 7 north, range 2 east; township 8 north, range 


emcdonald on DSK3SPTVN1PROD with BILLS
1111 

HR 4909 PCS

1 1 east; and township 8 north, range 2 east; Copper River 

2 Meridian, Chitina Recording District, Third Judicial Dis3 trict, State of Alaska, as follows: 

4 (1) Township 7 north, range 1 east: 

5 (A) Section 1. 

(B) E1⁄2, S1⁄2NW1⁄4, SW1 6 ⁄4 of section 

7 2. 

(C) S1⁄2SE1⁄4, NE1⁄4SE1 8 ⁄4 of section 3. 

(D) E1 9 ⁄2 of section 10. 

10 (E) Sections 11 and 12. 

(F) That portion of N1⁄2, N1⁄2S1 11 ⁄2 of sec12 tion 13, excluding all lands lying southerly and 

13 easterly of the Glenn Highway right-of-way. 

(G) N1⁄2, N1⁄2S1 14 ⁄2 of section 14. 

(H) NE1⁄4, NE1⁄4SE1 15 ⁄4 of section 15. 

16 (2) Township 7 north, range 2 east: 

(A) W1 17 ⁄2 of section 6. 

(B) NW1 18 ⁄4 of section 7, and the portion of 

N1⁄2SW1⁄4 and NW1⁄4SE1 19 ⁄4 of such section lying 

20 northerly of the Glenn Highway right-of-way. 

21 (3) Township 8 north, range 1 east: 

(A) SE1⁄4SE1 22 ⁄4 of section 35. 

(B) E1⁄2, SW1⁄4, SE1⁄4NW1 23 ⁄4 of section 

24 36. 

25 (4) Township 8 north, range 2 east: 


emcdonald on DSK3SPTVN1PROD with BILLS
1112 

HR 4909 PCS

(A) W1 1 ⁄2 of section 31. 

2 (c) EXCLUSION OF CERTAIN PROPERTY.—The real 

3 property authorized for conveyance under subsection (a) 

4 may not include the following: 

5 (1) Public easements reserved pursuant to sec6 tion 17(b) of the Alaska Native Claims Settlement 

7 Act (43 U.S.C. 1616(b)), as described in the War8 ranty Deed from Ahtna, Incorporated, to the United 

9 States, dated March 1, 1990, recorded in Book 31, 

10 pages 665 through 668 in the Chitina Recording 

11 District, Third Judicial District, Alaska. 

12 (2) Easement for an existing trail as described 

13 in the such Warranty Deed from Ahtna, Incor14 porated, to the United States. 

15 (3) The subsurface estate. 

16 (d) CONSIDERATION.— 

17 (1) CONVEYANCE TO UNIVERSITY.—As consid18 eration for the conveyance of property under sub19 section (a)(1), the University shall provide the 

20 United States with consideration in an amount that 

21 is acceptable to the Secretary of the Air Force, 

22 whether in the form of cash payment, in-kind con23 sideration, or a combination thereof. 

24 (2) CONVEYANCE TO AHTNA.—As consideration 

25 for the conveyance of property under subsection 


emcdonald on DSK3SPTVN1PROD with BILLS
1113 

HR 4909 PCS

1 (a)(2), Ahtna shall provide the United States with 

2 consideration in an amount that is acceptable to the 

3 Secretary, whether in the form of cash payment, in4 kind consideration, a land exchange under the Alas5 ka Native Claims Settlement Act (43 U.S.C. 1601 et 

6 seq), or a combination thereof. 

7 (3) TREATMENT OF CASH CONSIDERATION RE8 CEIVED.—Any cash payment received by the Sec9 retary as consideration for a conveyance under sub10 section (a) shall be deposited in the special account 

11 in the Treasury established under subsection (b) of 

12 section 572 of title 40, United States Code, and 

13 shall be available in accordance with paragraph 

14 (5)(B) of such subsection. 

15 (e) REVERSIONARY INTEREST.—If the Secretary of 

16 the Air Force determines at any time that the real prop17 erty conveyed under subsection (a)(1) is not being used 

18 by the University in accordance with the purposes of the 

19 conveyance specified in such subsection, all right, title, and 

20 interest in and to the land, including any improvements 

21 thereto, shall revert, at the option of the Secretary, to and 

22 become the property of the United States, and the United 

23 States shall have the right of immediate entry onto such 

24 land. A determination by the Secretary under this subVerDate Sep 11 2014 02:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1114 

HR 4909 PCS

1 section shall be made on the record after an opportunity 

2 for a hearing. 

3 (f) PAYMENT OF COSTS OF CONVEYANCE.— 

4 (1) PAYMENT REQUIRED.—The Secretary of 

5 the Air Force shall require the recipient of real 

6 property under this section to cover all costs to be 

7 incurred by the Secretary, or to reimburse the Sec8 retary for such costs incurred by the Secretary, to 

9 carry out the conveyance of that property, including 

10 survey costs, costs for environmental documentation, 

11 and any other administrative costs related to the 

12 conveyance. If amounts are collected in advance of 

13 the Secretary incurring the actual costs, and the 

14 amount collected exceeds the costs actually incurred 

15 by the Secretary to carry out the conveyance, the 

16 Secretary shall refund the excess amount to the re17 cipient. 

18 (2) TREATMENT OF AMOUNTS RECEIVED.— 

19 Amounts received under paragraph (1) as reim20 bursement for costs incurred by the Secretary to 

21 carry out a conveyance under this section shall be 

22 credited and made available to the Secretary as pro23 vided in section 2695(c) of title 10, United States 

24 Code. 


emcdonald on DSK3SPTVN1PROD with BILLS
1115 

HR 4909 PCS

1 (g) CONVEYANCE AGREEMENT.—The conveyance of 

2 property under this section shall be accomplished using 

3 a quit claim deed or other legal instrument and upon 

4 terms and conditions mutually satisfactory to the Sec5 retary of the Air Force and the recipient of the property, 

6 including such additional terms and conditions as the Sec7 retary considers appropriate to protect the interests of the 

8 United States. 

9 SEC. 2832. LAND CONVEYANCE, CAMPION AIR FORCE 

10 RADAR STATION, GALENA, ALASKA. 

11 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

12 the Air Force may convey, without consideration, to the 

13 Town of Galena, Alaska (in this section referred to as the 

14 ‘‘Town’’), all right, title, and interest of the United States 

15 in and to public land, including improvements thereon, at 

16 the former Campion Air Force Station, Alaska, as further 

17 described in subsection (b), for the purpose of permitting 

18 the Town to use the conveyed property for public pur19 poses. The conveyance under this subsection is subject to 

20 valid existing rights. 

21 (b) DESCRIPTION OF PROPERTY.—The land to be 

22 conveyed under subsection (a) consists of up to approxi23 mately 1,300 acres of the remaining land withdrawn under 

24 Public Land Order No. 843 of June 24, 1952, and Public 

25 Land Order No. 1405 of April 4, 1957, for use by the 


emcdonald on DSK3SPTVN1PROD with BILLS
1116 

HR 4909 PCS

1 Secretary of the Air Force as the former Campion Air 

2 Force Station. The portions of the former Air Force Sta3 tion that are not authorized to be conveyed under sub4 section (a) are those portions that are subject to environ5 mental land use restrictions or are currently undergoing 

6 environmental remediation by the Secretary of the Air 

7 Force. 

8 (c) MAP AND LEGAL DESCRIPTION.—As soon as 

9 practicable after the date of enactment of this Act, the 

10 Secretary of the Air Force, in consultation with the Sec11 retary of the Interior, shall finalize a map and the legal 

12 description of the land to be conveyed under subsection 

13 (a). The Secretary of the Air Force may correct any minor 

14 errors in the map or the legal description. The map and 

15 legal description shall be on file and available for public 

16 inspection in the appropriate offices of the Bureau of 

17 Land Management. 

18 (d) REVERSIONARY INTEREST.—If the Secretary of 

19 the Air Force determines at any time that the land con20 veyed under subsection (a) is not being used in accordance 

21 with the purposes of the conveyance specified in such sub22 section, all right, title, and interest in and to the land, 

23 including any improvements thereto, shall revert, at the 

24 option of the Secretary, to and become the property of 

25 the United States, and the United States shall have the 


emcdonald on DSK3SPTVN1PROD with BILLS
1117 

HR 4909 PCS

1 right of immediate entry onto such land. A determination 

2 by the Secretary under this subsection shall be made on 

3 the record after an opportunity for a hearing. 

4 (e) CONVEYANCE AGREEMENT.—The conveyance of 

5 land under this section shall be accomplished using a quit 

6 claim deed or other legal instrument and upon terms and 

7 conditions mutually satisfactory to the Secretary of the 

8 Air Force, after consulting with the Secretary of the Inte9 rior, and the Town, including such additional terms and 

10 conditions as the Secretary of the Air Force, after con11 sulting with the Secretary of the Interior, considers appro12 priate to protect the interests of the United States. 

13 (f) PAYMENT OF COSTS OF CONVEYANCE.— 

14 (1) PAYMENT REQUIRED.—The Secretary of 

15 the Air Force shall require the Town to cover all 

16 costs (except costs for environmental remediation of 

17 the property) to be incurred by the Secretary of the 

18 Air Force and by the Secretary of the Interior, or 

19 to reimburse the appropriate Secretary for such 

20 costs incurred by the Secretary, to carry out the 

21 conveyance under this section, including survey 

22 costs, costs for environmental documentation, and 

23 any other administrative costs related to the convey24 ance. If amounts are collected in advance of the Sec25 retary incurring the actual costs, and the amount 


emcdonald on DSK3SPTVN1PROD with BILLS
1118 

HR 4909 PCS

1 collected exceeds the costs actually incurred by the 

2 Secretary to carry out the conveyance, the appro3 priate Secretary shall refund the excess amount to 

4 the Town. 

5 (2) TREATMENT OF AMOUNTS RECEIVED.— 

6 Amounts received under paragraph (1) as reim7 bursement for costs incurred by the Secretary of the 

8 Air Force or by the Secretary of the Interior to 

9 carry out the conveyance under subsection (a) shall 

10 be credited to the fund or account that was used to 

11 cover the costs incurred by the appropriate Sec12 retary in carrying out the conveyance. Amounts so 

13 credited shall be merged with amounts in such fund 

14 or account and shall be available for the same pur15 poses, and subject to the same conditions and limita16 tions, as amounts in such fund or account. 

17 (g) SUPERSEDENCE OF PUBLIC LAND ORDERS.— 

18 Public Land Order Nos. 843 and 1405 are hereby super19 seded, but only insofar as the orders affect the lands con20 veyed to the Town under subsection (a). 

21 SEC. 2833. EXCHANGE OF PROPERTY INTERESTS, SAN 

22 DIEGO UNIFIED PORT DISTRICT, CALI23 FORNIA. 

24 (a) EXCHANGE OF PROPERTY INTERESTS AUTHOR25 IZED.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1119 

HR 4909 PCS

1 (1) INTERESTS TO BE CONVEYED.—The Sec2 retary of the Navy (hereafter referred to as the 

3 ‘‘Secretary’’) may convey to the San Diego Unified 

4 Port District (hereafter referred to as the ‘‘Dis5 trict’’) all right, title, and interest of the United 

6 States in and to a parcel of real property, including 

7 any improvements thereon and, without limitation, 

8 any leasehold interests of the United States therein, 

9 consisting of approximately 0.33 acres and identified 

10 as Parcel No. 4 on District Drawing No. 018–107 

11 (April 2013). This parcel contains 48 parking spaces 

12 central to the mission conducted on the site of the 

13 Navy’s leasehold interest at 1220 Pacific Highway, 

14 San Diego, California. 

15 (2) INTERESTS TO BE ACQUIRED.—In exchange 

16 for the property interests described in paragraph 

17 (1), the Secretary may accept from the District 

18 property interests of equal value and similar utility, 

19 as determined by the Secretary, located within im20 mediate proximity to the property described in para21 graph (1), that provide the rights to an equivalent 

22 number of parking spaces of equal value (subject to 

23 subsection (c)(1)). 

24 (b) ENCUMBRANCES.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1120 

HR 4909 PCS

1 (1) NO ACCEPTANCE OF PROPERTY WITH EN2 CUMBRANCES PRECLUDING USE AS PARKING

3 SPACES.—In an exchange of property interests 

4 under subsection (a), the Secretary may not accept 

5 any property under subsection (a)(2) unless the 

6 property is free of encumbrances that would pre7 clude the Department of the Navy from using the 

8 property for parking spaces, as determined under 

9 paragraph (2). 

10 (2) DETERMINATION OF FREEDOM FROM EN11 CUMBRANCES.—For purposes of paragraph (1), a 

12 property shall be considered to be free of encum13 brances that would preclude the Department of the 

14 Navy from using the property for parking spaces 

15 if— 

16 (A) the District guarantees and certifies 

17 that the property is free of such encumbrances 

18 under its own authority to preclude the use of 

19 the property for parking spaces; and 

20 (B) the District obtains guarantees and 

21 certifications from appropriate entities of the 

22 State and units of local government that the 

23 property is free of any such encumbrances that 

24 may be in place pursuant to the Tidelands 

25 Trust, the North Embarcadero Visionary Plan, 


emcdonald on DSK3SPTVN1PROD with BILLS
1121 

HR 4909 PCS

1 the Downtown Community Plan, or any other 

2 law, regulation, plan or document. 

3 (c) EQUALIZATION.— 

4 (1) TRANSFER OF RIGHTS TO ADDITIONAL

5 PARKING SPACES.—If the value of the property in6 terests described in subsection (a)(1) is greater than 

7 the value of the property interests and rights to 

8 parking spaces described in subsection (a)(2), the 

9 values shall be equalized by the transfer to the Sec10 retary of rights to additional parking spaces. 

11 (2) NO AUTHORIZATION OF CASH EQUALI12 ZATION PAYMENTS FROM SECRETARY.—If the value 

13 of the property interests and parking rights de14 scribed in subsection (a)(2) are greater than the 

15 value of the property interests described in sub16 section (a)(1), the Secretary may not make a cash 

17 equalization payment to equalize the values. 

18 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

19 (1) PAYMENT REQUIRED.—The Secretary shall 

20 require the District to cover all costs to be incurred 

21 by the Secretary, or to reimburse the Secretary for 

22 such costs incurred by the Secretary, to carry out 

23 the exchange of property interests under this sec24 tion, including survey costs, costs related to environ25 mental documentation, real estate due diligence such 


emcdonald on DSK3SPTVN1PROD with BILLS
1122 

HR 4909 PCS

1 as appraisals and any other administrative costs re2 lated to the exchange of property interests. If 

3 amounts are collected from the District in advance 

4 of the Secretary incurring the actual costs and the 

5 amount collected exceeds the costs actually incurred 

6 by the Secretary to carry out the exchange of prop7 erty interests, the Secretary shall refund the excess 

8 amount to the District. 

9 (2) TREATMENT OF AMOUNTS RECEIVED.— 

10 Amounts received as reimbursement under para11 graph (1) shall be credited to the fund or account 

12 that was used to cover those costs incurred by the 

13 Secretary in carrying out the exchange of property 

14 interests. Amounts so credited shall be merged with 

15 amounts in such fund or account and shall be avail16 able for the same purposes, and subject to the same 

17 conditions and limitations, as amounts in such fund 

18 or account. 

19 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

20 and legal description of the property interests to be ex21 changed under this section shall be determined by surveys 

22 satisfactory to the Secretary. 

23 (f) CONVEYANCE AGREEMENT.—The exchange of 

24 property interests under this section shall be accomplished 

25 using a lease, lease amendment, or other legal instrument 


emcdonald on DSK3SPTVN1PROD with BILLS
1123 

HR 4909 PCS

1 and upon terms and conditions mutually satisfactory to 

2 the Secretary and the District, including such additional 

3 terms and conditions as the Secretary considers appro4 priate to protect the interests of the United States. 

5 SEC. 2834. RELEASE OF PROPERTY INTERESTS RETAINED 

6 IN CONNECTION WITH LAND CONVEYANCE, 

7 EGLIN AIR FORCE BASE, FLORIDA. 

8 (a) RELEASE OF EXCEPTIONS, LIMITATIONS, AND

9 CONDITIONS IN DEEDS.—With respect to approximately 

10 126 acres of real property in Okaloosa County, Florida, 

11 more particularly described in subsection (b), which were 

12 conveyed by the United States to the Air Force Enlisted 

13 Mens’ Widows and Dependents Home Foundation, Incor14 porated (‘‘Air Force Enlisted Village’’), the Secretary of 

15 the Air Force may release any and all exceptions, limita16 tions, and conditions specified by the United States in the 

17 deeds conveying such real property. 

18 (b) PROPERTY DESCRIBED.—The real property sub19 ject to subsection (a) was part of Eglin Air Force, Florida, 

20 and consists of all parcels conveyed in exchange for fair 

21 market value cash payment by the Air Force Enlisted Vil22 lage pursuant to section 809(c) of the Military Construc23 tion Authorization Act, 1979 (Public Law 95–356; 92 

24 Stat. 587), as amended by section 2826 of the Military 

25 Construction Authorization Act, 1989 (Public Law 100– 


emcdonald on DSK3SPTVN1PROD with BILLS
1124 

HR 4909 PCS

1 456; 102 Stat. 2123) and section 2861 of the Military 

2 Construction Authorization Act for Fiscal Year 1999 

3 (Public Law 105–261; 112 Stat. 2223). 

4 (c) INSTRUMENT OF RELEASE AND DESCRIPTION OF

5 PROPERTY.—The Secretary may execute and record in the 

6 appropriate office a deed of release, amended deed, or 

7 other appropriate instrument reflecting the release of ex8 ceptions, limitations, and conditions under subsection (a). 

9 (d) PAYMENT OF ADMINISTRATIVE COSTS.— 

10 (1) PAYMENT REQUIRED.—The Secretary may 

11 require the Air Force Enlisted Village to pay for any 

12 costs to be incurred by the Secretary, or to reim13 burse the Secretary for costs incurred by the Sec14 retary, to carry out the release under subsection (a), 

15 including survey costs, costs related to environ16 mental documentation, and other administrative 

17 costs related to the release. If amounts paid to the 

18 Secretary in advance exceed the costs actually in19 curred by the Secretary to carry out the release, the 

20 Secretary shall refund the excess amount to the Air 

21 Force Enlisted Village. 

22 (2) TREATMENT OF AMOUNTS RECEIVED.— 

23 Amounts received under paragraph (1) as reim24 bursement for costs incurred by the Secretary to 

25 carry out the release under subsection (a) shall be 


emcdonald on DSK3SPTVN1PROD with BILLS
1125 

HR 4909 PCS

1 credited and made available to the Secretary as pro2 vided in section 2695(c) of title 10, United States 

3 Code. 

4 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

5 Secretary may require such additional terms and condi6 tions in connection with the release of exceptions, limita7 tions, and conditions under subsection (a) as the Secretary 

8 considers appropriate to protect the interests of the 

9 United States. 

10 SEC. 2835. LAND EXCHANGE, FORT HOOD, TEXAS. 

11 (a) EXCHANGE AUTHORIZED.—The Secretary of the 

12 Army may convey to the City of Copperas Cove, Texas 

13 (in this section referred to as the ‘‘City’’), all right, title, 

14 and interest of the United States in and to a parcel of 

15 real property, including any improvements thereon, con16 sisting of approximately 437 acres at Fort Hood, Texas, 

17 for the purpose of permitting the City to improve arterial 

18 transportation routes in the vicinity of Fort Hood and to 

19 promote economic development in the area of the City and 

20 Fort Hood. 

21 (b) CONSIDERATION.—As consideration for the con22 veyance under subsection (a), the City shall convey to the 

23 Secretary of the Army all right, title, and interest of the 

24 City in and to one or more parcels of real property that 

25 are acceptable to the Secretary. The fair market value of 


emcdonald on DSK3SPTVN1PROD with BILLS
1126 

HR 4909 PCS

1 the real property acquired by the Secretary under this sub2 section shall be at least equal to the fair market value 

3 of the real property conveyed under subsection (a), as de4 termined by appraisals acceptable to the Secretary. 

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of the real property to be exchanged 

7 under this section shall be determined by surveys satisfac8 tory to the Secretary of the Army. 

9 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

10 (1) PAYMENT REQUIRED.—The Secretary of 

11 the Army shall require the City to cover costs to be 

12 incurred by the Secretary, or to reimburse the Sec13 retary for costs incurred by the Secretary, to carry 

14 out the conveyances under this section, including 

15 survey costs related to the conveyances. If amounts 

16 are collected from the City in advance of the Sec17 retary incurring the actual costs, and the amount 

18 collected exceeds the costs actually incurred by the 

19 Secretary to carry out the conveyances, the Sec20 retary shall refund the excess amount to the City. 

21 (2) TREATMENT OF AMOUNTS RECEIVED.— 

22 Amounts received under paragraph (1) as reim23 bursement for costs incurred by the Secretary to 

24 carry out the conveyances under this section shall be 

25 credited to the fund or account that was used to 


emcdonald on DSK3SPTVN1PROD with BILLS
1127 

HR 4909 PCS

1 cover the costs incurred by the Secretary in carrying 

2 out the conveyances. Amounts so credited shall be 

3 merged with amounts in such fund or account and 

4 shall be available for the same purposes, and subject 

5 to the same conditions and limitations, as amounts 

6 in such fund or account. 

7 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec8 retary of the Army may require such additional terms and 

9 conditions in connection with the conveyances under this 

10 section as the Secretary considers appropriate to protect 

11 the interests of the United States. 

12 SEC. 2836. LAND CONVEYANCE, P-36 WAREHOUSE, COLBERN 

13 UNITED STATES ARMY RESERVE CENTER, LA14 REDO, TEXAS. 

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

16 the Army (in this section referred to as the ‘‘Secretary’’) 

17 may convey, without consideration, to the Laredo Commu18 nity College (in this section referred to as the ‘‘LCC’’) 

19 all right, title, and interest of the United States in and 

20 to the approximately 725 sq. ft. Historic Building, P-36 

21 Warehouse, including any improvements thereon, at 

22 Colbern United States Army Reserve Center, Laredo, TX, 

23 for the purposes of educational use and historic preserva24 tion. 

25 (b) PAYMENT OF COSTS OF CONVEYANCE.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1128 

HR 4909 PCS

1 (1) PAYMENT REQUIRED.—The Secretary shall 

2 require the LCC to cover costs (except costs for en3 vironmental remediation of the property) to be in4 curred by the Secretary, or to reimburse the Sec5 retary for such costs incurred by the Secretary, to 

6 carry out the conveyance under subsection (a), in7 cluding survey costs, costs for environmental docu8 mentation, and any other administrative costs re9 lated to the conveyance. If amounts are collected 

10 from the LCC in advance of the Secretary incurring 

11 the actual costs, and the amount collected exceeds 

12 the costs actually incurred by the Secretary to carry 

13 out the conveyance, the Secretary shall refund the 

14 excess amount to the LCC. 

15 (2) TREATMENT OF AMOUNTS RECEIVED.— 

16 Amounts received as reimbursement under para17 graph (1) shall be credited to the fund or account 

18 that was used to cover those costs incurred by the 

19 Secretary in carrying out the conveyance. Amounts 

20 so credited shall be merged with amounts in such 

21 fund or account, and shall be available for the same 

22 purposes, and subject to the same conditions and 

23 limitations, as amounts in such fund or account 

24 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

25 and legal description of the property to be conveyed under 


emcdonald on DSK3SPTVN1PROD with BILLS
1129 

HR 4909 PCS

1 subsection (a) shall be determined by a survey satisfactory 

2 to the Secretary. 

3 (d) REVERSIONARY INTEREST.— 

4 (1) REVERSION.—If the Secretary determines 

5 at any time that the property conveyed under sub6 section (a) is not being used in accordance with the 

7 purpose of the conveyance specified in subsection 

8 (a), all right, title, and interest in and to such prop9 erty, including any improvements thereto, shall, at 

10 the option of the Secretary, revert to and become the 

11 property of the United States, and the United States 

12 shall have the right of immediate entry onto such 

13 property. A determination by the Secretary under 

14 this paragraph shall be made on the record after an 

15 opportunity for a hearing. 

16 (2) PAYMENT OF CONSIDERATION IN LIEU OF

17 REVERSION.—In lieu of exercising the right of rever18 sion retained under paragraph (1) with respect to 

19 the property conveyed under subsection (a), the Sec20 retary may require the LCC to pay to the United 

21 States an amount equal to the fair market value of 

22 the property conveyed, as determined by the Sec23 retary. 

24 (3) TREATMENT OF CASH CONSIDERATION.— 

25 Any cash payment received by the United States 


emcdonald on DSK3SPTVN1PROD with BILLS
1130 

HR 4909 PCS

1 under paragraph (2) shall be deposited in the special 

2 account in the Treasury established under sub3 section (b) of section 572 of title 40, United States 

4 Code, and shall be available in accordance with para5 graph (5)(B) of such subsection. 

6 (e) ADDITIONAL TERMS.—The Secretary may require 

7 such additional terms and conditions in connection with 

8 the conveyance under subsection (a) as the Secretary con9 siders appropriate to protect the interests of the United 

10 States. 

11 (f) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

12 Nothing in this section shall be construed to affect or limit 

13 the application of, or any obligation to comply with, any 

14 environmental law, including the Comprehensive Environ15 mental Response, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9601). 

17 SEC. 2837. LAND CONVEYANCE, ST. GEORGE NATIONAL 

18 GUARD ARMORY, ST. GEORGE, UTAH. 

19 (a) LAND CONVEYANCE AUTHORIZED.—The Sec20 retary of the Interior may convey, without consideration, 

21 to the State of Utah all right, title, and interest of the 

22 United States in and to a parcel of public land in St. 

23 George, Utah, comprising approximately 70 acres, as de24 scribed in Public Land Order 6840 published in the Fed25 eral Register on March 29, 1991 (56 Fed. Reg. 13081), 


emcdonald on DSK3SPTVN1PROD with BILLS
1131 

HR 4909 PCS

1 and containing the St. George National Guard Armory for 

2 the purpose of permitting the Utah National Guard to use 

3 the conveyed land for military purposes. 

4 (b) TERMINATION OF PRIOR ADMINISTRATIVE AC5 TION.—The Public Land Order described in subsection 

6 (a), which provided for a 20-year withdrawal of the public 

7 land described in the Public Land Order, is withdrawn 

8 upon conveyance of the land under this section. 

9 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

10 and legal description of the property to be conveyed under 

11 this section shall be determined by a survey satisfactory 

12 to the Secretary of the Interior. 

13 (d) CONVEYANCE AGREEMENT.—The conveyance 

14 under this section shall be accomplished using a quit claim 

15 deed or other legal instrument and upon terms and condi16 tions mutually satisfactory to the Secretary of the Interior 

17 and the State of Utah, including such additional terms 

18 and conditions as the Secretary considers appropriate to 

19 protect the interests of the United States. 

20 SEC. 2838. RELEASE OF RESTRICTIONS, RICHLAND INNOVA21 TION CENTER, RICHLAND, WASHINGTON. 

22 (a) RELEASE AUTHORIZED.—The Secretary of 

23 Transportation, acting through the Maritime Adminis24 trator and in consultation with the Administrator of Gen25 eral Services, may, upon receipt of full consideration as 


emcdonald on DSK3SPTVN1PROD with BILLS
1132 

HR 4909 PCS

1 provided in subsection (b), release all remaining right, 

2 title, and interest of the United States in and to a parcel 

3 of real property, including any improvements thereon, in 

4 Richland, Washington, consisting as of the date of the en5 actment of this Act of approximately 71.5 acres and con6 taining personal and real property, to the Port of Benton 

7 (hereafter in this section referred to as the ‘‘Port’’). 

8 (b) CONSIDERATION.— 

9 (1) CONSIDERATION REQUIRED.—As consider10 ation for the release under subsection (a), the Port 

11 shall provide an amount that is acceptable to the 

12 Secretary of Transportation, whether by cash pay13 ment, in-kind consideration as described under para14 graph (2), or a combination thereof, at such time as 

15 the Secretary may require. The Secretary may deter16 mine the level of acceptable consideration under this 

17 paragraph on the basis of the value of the restric18 tions released under subsection (a), but only if the 

19 value of such restrictions is determined without re20 gard to any improvements made by the Port. 

21 (2) IN-KIND CONSIDERATION.—In-kind consid22 eration provided by the Port under paragraph (1) 

23 may include the acquisition, construction, provision, 

24 improvement, maintenance, repair, or restoration 

25 (including environmental restoration), or combinaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01132 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1133 

HR 4909 PCS

1 tion thereof, of any facility or infrastructure under 

2 the jurisdiction of any office of the Federal govern3 ment. 

4 (3) TREATMENT OF CONSIDERATION RE5 CEIVED.—Consideration in the form of cash pay6 ment received by the Secretary under paragraph (1) 

7 shall be deposited in the separate fund in the Treas8 ury described in section 572(a)(1) of title 40, United 

9 States Code. 

10 (c) PAYMENT OF COST OF RELEASE.— 

11 (1) PAYMENT REQUIRED.—The Secretary of 

12 Transportation shall require the Port to cover costs 

13 to be incurred by the Secretary, or to reimburse the 

14 Secretary for such costs incurred by the Secretary, 

15 to carry out the release under subsection (a), includ16 ing survey costs, costs for environmental documenta17 tion related to the release, and any other administra18 tive costs related to the release. If amounts are col19 lected from the Port in advance of the Secretary in20 curring the actual costs, and the amount collected 

21 exceeds the costs actually incurred by the Secretary 

22 to carry out the release, the Secretary shall refund 

23 the excess amount to the Port. 

24 (2) TREATMENT OF AMOUNTS RECEIVED.— 

25 Amounts received as reimbursement under paraVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1134 

HR 4909 PCS

1 graph (1) shall be credited to the fund or account 

2 that was used to cover the costs incurred by the Sec3 retary in carrying out the release under subsection 

4 (a) or, if the period of availability of obligations for 

5 that appropriation has expired, to the appropriations 

6 of fund that is currently available to the Secretary 

7 for the same purpose. Amounts so credited shall be 

8 merged with amounts in such fund or account and 

9 shall be available for the same purposes, and subject 

10 to the same conditions and limitations, as amounts 

11 in such fund or account. 

12 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the real property which is the sub14 ject of the release under subsection (a) shall be determined 

15 by a survey satisfactory to the Secretary of Transpor16 tation. 

17 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

18 Secretary of Transportation may require such additional 

19 terms and conditions in connection with the release under 

20 subsection (a) as the Secretary, in consultation with the 

21 Administrator of General Services, considers appropriate 

22 to protect the interests of the United States. 


emcdonald on DSK3SPTVN1PROD with BILLS
1135 

HR 4909 PCS

1 SEC. 2839. MODIFICATION OF LAND CONVEYANCE, ROCKY 

2 MOUNTAIN ARSENAL NATIONAL WILDLIFE 

3 REFUGE. 

4 Section 5(d)(1) of the Rocky Mountain Arsenal Na5 tional Wildlife Refuge Act of 1992 (Public Law 102–402; 

6 16 U.S.C. 668dd note) is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(C)(i) Notwithstanding clause (i) of subpara9 graph (A), the restriction attached to any deed to 

10 any real property designated for disposal under this 

11 section that prohibits the use of the property for res12 idential or industrial purposes may be modified or 

13 removed if it is determined, through a risk assess14 ment performed pursuant to the Comprehensive En15 vironmental Response, Compensation, and Liability 

16 Act of 1980 (42 U.S.C. 9601 et seq.), that the prop17 erty is protective for the proposed use. 

18 ‘‘(ii) The Secretary of the Army shall not be re19 sponsible or liable for any of the following: 

20 ‘‘(I) The cost of any risk assessment de21 scribed in clause (i) or any actions taken in re22 sponse to such risk assessment. 

23 ‘‘(II) Any damages attributable to the use 

24 of property for residential or industrial pur25 poses as the result of the modification or re26 moval of a deed restriction pursuant to clause 


emcdonald on DSK3SPTVN1PROD with BILLS
1136 

HR 4909 PCS

1 (i), or the costs of any actions taken in re2 sponse to such damages.’’. 

3 SEC. 2839A. CLOSURE OF ST. MARYS AIRPORT. 

4 (a) RELEASE OF RESTRICTIONS.—Subject to sub5 section (b), the United States, acting through the Admin6 istrator of the Federal Aviation Administration, shall re7 lease the city of St. Marys, Georgia, from all restrictions, 

8 conditions, and limitations on the use, encumbrance, con9 veyance, and closure of the St. Marys Airport, to the ex10 tent such restrictions, conditions, and limitations are en11 forceable by the Administrator. 

12 (b) REQUIREMENTS FOR RELEASE OF RESTRIC13 TIONS.—The Administrator shall execute the release 

14 under subsection (a) once all of the following occurs: 

15 (1) The Secretary of the Navy transfers to the 

16 Georgia Department of Transportation the amounts 

17 described in subsection (c) and requires as an en18 forceable condition on such transfer that all funds 

19 transferred shall be used only for airport develop20 ment (as defined in section 47102 of title 49, United 

21 States Code) of a general aviation airport in Geor22 gia, consistent with planning efforts conducted by 

23 the Administrator and the Georgia Department of 

24 Transportation. 


emcdonald on DSK3SPTVN1PROD with BILLS
1137 

HR 4909 PCS

1 (2) The city of St. Marys, for consideration as 

2 provided for in this section, grants to the United 

3 States, under the administrative jurisdiction of the 

4 Secretary, a restrictive use easement in the real 

5 property used for the St. Marys Airport, as deter6 mined acceptable by the Secretary, under such terms 

7 and conditions as the Secretary considers necessary 

8 to protect the interests of the United States and 

9 prohibiting the future use of such property for all 

10 aviation-related purposes and any other purposes 

11 deemed by the Secretary to be incompatible with the 

12 operations, functions, and missions of Naval Sub13 marine Base, Kings Bay, Georgia. 

14 (3) The Secretary obtains an appraisal to deter15 mine the fair market value of the real property used 

16 for the St. Marys Airport in the manner described 

17 in subsection (c)(1). 

18 (4) The Administrator fulfills the obligations 

19 under the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.) in connection with 

21 the release under subsection (a). In carrying out 

22 such obligations— 

23 (A) the Administrator shall not assume or 

24 consider any potential or proposed future redeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1138 

HR 4909 PCS

1 velopment of the current St. Marys airport 

2 property; 

3 (B) any potential new general aviation air4 port in Georgia shall be deemed to be not con5 nected with the release noted in subsection (a) 

6 nor the closure of St. Marys Airport; and 

7 (C) any environmental review under the 

8 National Environmental Policy Act of 1969 (42 

9 U.S.C. 4321 et seq.) for a potential general 

10 aviation airport in Georgia shall be considered 

11 through an environmental review process sepa12 rate and apart from the environmental review 

13 made a condition of release by this section. 

14 (c) TRANSFER OF AMOUNTS DESCRIBED.—The 

15 amounts described in this subsection are the following: 

16 (1) An amount equal to the fair market value 

17 of the real property of the St. Marys Airport, as de18 termined by the Secretary and concurred in by the 

19 Administrator, based on an appraisal report and 

20 title documentation that— 

21 (A) is prepared or adopted by the Sec22 retary, and concurred in by the Administrator, 

23 not more than 180 days prior to the transfer 

24 described in subsection (b)(1); and 


emcdonald on DSK3SPTVN1PROD with BILLS
1139 

HR 4909 PCS

1 (B) meets all requirements of Federal law 

2 and the appraisal and documentation standards 

3 applicable to the acquisition and disposal of real 

4 property interests of the United States. 

5 (2) An amount equal to the unamortized por6 tion of any Federal development grants (including 

7 grants available under a State block grant program 

8 established pursuant to section 47128 of title 49, 

9 United States Code), other than used for the acqui10 sition of land, paid to the city of St. Marys for use 

11 as the St. Marys Airport. 

12 (3) An amount equal to the airport revenues re13 maining in the airport account for the St. Marys 

14 Airport as of the date of the enactment of this Act 

15 and as otherwise due to or received by the city of 

16 St. Marys after such date of enactment pursuant to 

17 sections 47107(b) and 47133 of title 49, United 

18 States Code. 

19 (d) AUTHORIZATION FOR TRANSFER OF FUNDS.— 

20 Using funds available to the Department of the Navy for 

21 operation and maintenance, the Secretary may pay the 

22 amounts described in subsection (c) to the Georgia De23 partment of Transportation, conditioned as described in 

24 subsection (b)(1). 

25 (e) ADDITIONAL REQUIREMENTS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1140 

HR 4909 PCS

1 (1) SURVEY.—The exact acreage and legal de2 scription of St. Marys Airport shall be determined 

3 by a survey satisfactory to the Secretary and con4 curred in by the Administrator. 

5 (2) PLANNING OF GENERAL AVIATION AIR6 PORT.—Any planning effort for the development of 

7 a new general aviation airport in southeast Georgia 

8 using the amounts described in subsection (c) shall 

9 be conducted in coordination with the Secretary, and 

10 shall ensure that any such airport does not encroach 

11 on the operations, functions, and missions of Naval 

12 Submarine Base, Kings Bay, Georgia. 

13 (f) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to limit the applicability of— 

15 (1) the requirements and processes under sec16 tion 46319 of title 49, United States Code; 

17 (2) the requirements and processes under part 

18 157 of title 14, Code of Federal Regulations; or 

19 (3) the public notice requirements under section 

20 47107(h)(2) of title 49, United States Code. 


emcdonald on DSK3SPTVN1PROD with BILLS
1141 

HR 4909 PCS

1 SEC. 2839B. PROHIBITION ON TRANSFER OF ADMINISTRA2 TIVE JURISDICTION, PORTION OF ORGAN 

3 MOUNTAINS AREA, FILLMORE CANYON, NEW 

4 MEXICO. 

5 The Secretary of Defense may not transfer adminis6 trative jurisdiction over the parcel of Federal land de7 picted as ‘‘Parcel D’’ on the map entitled ‘‘Organ Moun8 tains Area - Fillmore Canyon’’ and dated April 19, 2016 

9 from the Department of Defense to the Secretary of the 

10 Interior. 

11 Subtitle E—Military Land 

12 Withdrawals 

13 SEC. 2841. BUREAU OF LAND MANAGEMENT WITHDRAWN 

14 MILITARY LANDS UNDER MILITARY LANDS 

15 WITHDRAWAL ACT OF 1999. 

16 (a) ELIMINATION OF TERMINATION DATE AND AU17 THORIZATION FOR TRANSFER OF ADMINISTRATIVE JU18 RISDICTION.—Subsection (a) of section 3015 of the Mili19 tary Lands Withdrawal Act of 1999 (title XXX of Public 

20 Law 106–65; 113 Stat. 892) is amended to read as fol21 lows: 

22 ‘‘(a) PERMANENT WITHDRAWAL AND RESERVATION; 

23 EFFECT OF TRANSFER ON WITHDRAWAL.—The with24 drawal and reservation of lands by section 3011 shall ter25 minate only as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1142 

HR 4909 PCS

1 ‘‘(1) Upon an election by the Secretary of the 

2 military department concerned to relinquish any or 

3 all of the land withdrawn and reserved by section 

4 3011. 

5 ‘‘(2) Upon a transfer by the Secretary of the 

6 Interior, under section 3016 and upon request by 

7 the Secretary of the military department concerned, 

8 of administrative jurisdiction over the land to the 

9 Secretary of the military department concerned. 

10 Such a transfer may consist of a portion of the land, 

11 in which case the termination of the withdrawal and 

12 reservation applies only with respect to the land so 

13 transferred.’’. 

14 (b) TRANSFER PROCESS AND MANAGEMENT AND

15 USE OF LANDS.—The Military Lands Withdrawal Act of 

16 1999 (title XXX of Public Law 106–65) is further amend17 ed— 

18 (1) by redesignating sections 3022 and 3023 as 

19 sections 3027 and 3028, respectively; and 

20 (2) by striking sections 3016 through 3021 and 

21 inserting the following new sections: 

22 ‘‘SEC. 3016. TRANSFER PROCESS. 

23 ‘‘(a) TRANSFER AUTHORIZED.—The Secretary of the 

24 Interior shall, upon the request of the Secretary con25 cerned, transfer to the Secretary concerned administrative 


emcdonald on DSK3SPTVN1PROD with BILLS
1143 

HR 4909 PCS

1 jurisdiction over the land withdrawn and reserved by sec2 tion 3011, or a portion of the land as the Secretary con3 cerned may request. 

4 ‘‘(b) VALID EXISTING RIGHTS.—The transfer of ad5 ministrative jurisdiction under subsection (a) shall be sub6 ject to any valid existing rights. 

7 ‘‘(c) TIME FOR CONVEYANCE.—The transfer of ad8 ministrative jurisdiction under subsection (a) shall occur 

9 pursuant to a schedule agreed upon by the Secretary of 

10 the Interior and the Secretary concerned. 

11 ‘‘(d) MAP AND LEGAL DESCRIPTION.— 

12 ‘‘(1) PREPARATION AND PUBLICATION.—The 

13 Secretary of the Interior shall publish in the Federal 

14 Register a legal description of the public land to be 

15 transferred under subsection (a). 

16 ‘‘(2) SUBMISSION TO CONGRESS.—The Sec17 retary of the Interior shall file with the Committee 

18 on Energy and Natural Resources of the Senate and 

19 the Committee on Natural Resources of the House 

20 of Representatives— 

21 ‘‘(A) a copy of the legal description pre22 pared under paragraph (1); and 

23 ‘‘(B) the map referred to in subsection (a). 

24 ‘‘(3) AVAILABILITY FOR PUBLIC INSPECTION.— 

25 Copies of the legal description and map filed under 


emcdonald on DSK3SPTVN1PROD with BILLS
1144 

HR 4909 PCS

1 paragraph (2) shall be available for public inspection 

2 in the appropriate offices of— 

3 ‘‘(A) the Bureau of Land Management; 

4 ‘‘(B) the commanding officer of the instal5 lation; and 

6 ‘‘(C) the Secretary concerned. 

7 ‘‘(4) FORCE OF LAW.—The legal description 

8 and map filed under paragraph (2) shall have the 

9 same force and effect as if included in this Act, ex10 cept that the Secretary of the Interior may correct 

11 clerical and typographical errors in the legal descrip12 tion or map. 

13 ‘‘(5) REIMBURSEMENT OF COSTS.—Any trans14 fer entered into pursuant to subsection (a) shall be 

15 made without reimbursement, except that the Sec16 retary concerned shall reimburse the Secretary of 

17 the Interior for any costs incurred by the Secretary 

18 of the Interior to prepare the legal description and 

19 map under this subsection. 

20 ‘‘SEC. 3017. ADMINISTRATION OF TRANSFERRED LAND. 

21 ‘‘(a) TREATMENT AND USE OF TRANSFERRED

22 LAND.—Upon the transfer of administrative jurisdiction 

23 of land under section 3016— 

24 ‘‘(1) the land shall be treated as property (as 

25 defined in section 102(9) of title 40, United States 


emcdonald on DSK3SPTVN1PROD with BILLS
1145 

HR 4909 PCS

1 Code) under the administrative jurisdiction of the 

2 Secretary concerned; and 

3 ‘‘(2) the Secretary concerned shall administer 

4 the land for military purposes. 

5 ‘‘(b) WITHDRAWAL OF MINERAL ESTATE.—Subject 

6 to valid existing rights, land for which the administrative 

7 jurisdiction is transferred under section 3016 is with8 drawn from all forms of appropriation under the public 

9 land laws, including the mining laws, the mineral leasing 

10 laws, and the geothermal leasing laws, for as long as the 

11 land is under the administrative jurisdiction of the Sec12 retary concerned. 

13 ‘‘(c) INTEGRATED NATURAL RESOURCES MANAGE14 MENT PLAN.—Not later than one year after the transfer 

15 of land under section 3016, the Secretary concerned, in 

16 cooperation with the Secretary of the Interior, shall pre17 pare an integrated natural resources management plan 

18 pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for 

19 the transferred land. 

20 ‘‘(d) RELATION TO GENERAL PROVISIONS.—Sections 

21 3018 through 3026 do not apply to lands transferred 

22 under section 3016 or to the management of such land. 

23 ‘‘(e) TRANSFERS BETWEEN ARMED FORCES.—Noth24 ing in this subtitle shall be construed as limiting the au25 thority to transfer administrative jurisdiction over the 


emcdonald on DSK3SPTVN1PROD with BILLS
1146 

HR 4909 PCS

1 land transferred under section 3016 to another armed 

2 force pursuant to section 2696 of title 10, United States 

3 Code, and the provisions of this section shall continue to 

4 apply to any such lands. 

5 ‘‘SEC. 3018. GENERAL APPLICABILITY; DEFINITIONS. 

6 ‘‘(a) APPLICABILITY.—Sections 3014 through 3028 

7 apply to the lands withdrawn and reserved by section 3011 

8 except— 

9 ‘‘(1) to the B-16 Range referred to in section 

10 3011(a)(3)(A), for which only section 3019 applies; 

11 ‘‘(2) to the ‘Shoal Site’ referred to in section 

12 3011(a)(3)(B), for which sections 3014 through 

13 3028 apply only to the surface estate; 

14 ‘‘(3) to the ‘Pahute Mesa’ area referred to in 

15 section 3011(b)(2); and 

16 ‘‘(4) to the Desert National Wildlife Refuge re17 ferred to in section 3011(b)(5)— 

18 ‘‘(A) except for section 3024(b); and 

19 ‘‘(B) for which sections 3014 through 

20 3028 shall only apply to the authorities and re21 sponsibilities of the Secretary of the Air Force 

22 under section 3011(b)(5). 

23 ‘‘(b) RULES OF CONSTRUCTION.—Nothing in this 

24 subtitle assigns management of real property under the 


emcdonald on DSK3SPTVN1PROD with BILLS
1147 

HR 4909 PCS

1 administrative jurisdiction of the Secretary concerned to 

2 the Secretary of the Interior. 

3 ‘‘(c) DEFINITIONS.—In this subtitle: 

4 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ 

5 has the meaning given the term in section 102 of the 

6 Federally Recognized Indian Tribe List Act of 1994 

7 (25 U.S.C. 479a). 

8 ‘‘(2) MANAGE; MANAGEMENT.— 

9 ‘‘(A) INCLUSIONS.—The terms ‘manage’ 

10 and ‘management’ include the authority to exer11 cise jurisdiction, custody, and control over the 

12 lands withdrawn and reserved by section 3011. 

13 ‘‘(B) EXCLUSIONS.—Such terms do not in14 clude authority for disposal of the lands with15 drawn and reserved by section 3011. 

16 ‘‘(3) SECRETARY CONCERNED.—The term ‘Sec17 retary concerned’ has the meaning given the term in 

18 section 101(a) of title 10, United States Code. 

19 ‘‘SEC. 3019. ACCESS RESTRICTIONS. 

20 ‘‘(a) AUTHORITY TO IMPOSE RESTRICTIONS.—If the 

21 Secretary concerned determines that military operations, 

22 public safety, or national security require the closure to 

23 the public of any road, trail, or other portion of land with24 drawn and reserved by section 3011, the Secretary may 


emcdonald on DSK3SPTVN1PROD with BILLS
1148 

HR 4909 PCS

1 take such action as the Secretary determines to be nec2 essary to implement and maintain the closure. 

3 ‘‘(b) LIMITATION.—Any closure under subsection (a) 

4 shall be limited to the minimum area and duration that 

5 the Secretary concerned determines are required for the 

6 purposes of the closure. 

7 ‘‘(c) CONSULTATION REQUIRED.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

9 before a closure is implemented under this section, 

10 the Secretary concerned shall consult with the Sec11 retary of the Interior. 

12 ‘‘(2) INDIAN TRIBE.—Subject to paragraph (3), 

13 if a closure proposed under this section may affect 

14 access to or use of sacred sites or resources consid15 ered to be important by an Indian tribe, the Sec16 retary concerned shall consult, at the earliest prac17 ticable date, with the affected Indian tribe. 

18 ‘‘(3) LIMITATION.—No consultation shall be re19 quired under paragraph (1) or (2)— 

20 ‘‘(A) if the closure is provided for in an in21 tegrated natural resources management plan, 

22 an installation cultural resources management 

23 plan, or a land use management plan; or 

24 ‘‘(B) in the case of an emergency, as deter25 mined by the Secretary concerned. 


emcdonald on DSK3SPTVN1PROD with BILLS
1149 

HR 4909 PCS

1 ‘‘(d) NOTICE.—Immediately preceding and during 

2 any closure implemented under subsection (a), the Sec3 retary concerned shall post appropriate warning notices 

4 and take other appropriate actions to notify the public of 

5 the closure. 

6 ‘‘SEC. 3020. CHANGES IN USE. 

7 ‘‘(a) OTHER USES AUTHORIZED.—In addition to the 

8 purposes described in section 3011, the Secretary con9 cerned may authorize the use of land withdrawn and re10 served by section 3011 for defense-related purposes. 

11 ‘‘(b) NOTICE TO SECRETARY OF THE INTERIOR.— 

12 ‘‘(1) IN GENERAL.—The Secretary concerned 

13 shall promptly notify the Secretary of the Interior if 

14 the land withdrawn and reserved by section 3011 is 

15 used for additional defense-related purposes. 

16 ‘‘(2) REQUIREMENTS.—A notification under 

17 paragraph (1) shall specify— 

18 ‘‘(A) each additional use; 

19 ‘‘(B) the planned duration of each addi20 tional use; and 

21 ‘‘(C) the extent to which each additional 

22 use would require that additional or more strin23 gent conditions or restrictions be imposed on 

24 otherwise-permitted nondefense-related uses of 


emcdonald on DSK3SPTVN1PROD with BILLS
1150 

HR 4909 PCS

1 the withdrawn and reserved land or portions of 

2 withdrawn and reserved land. 

3 ‘‘SEC. 3021. BRUSH AND RANGE FIRE PREVENTION AND 

4 SUPPRESSION. 

5 ‘‘(a) REQUIRED ACTIVITIES.—Consistent with any 

6 applicable land management plan, the Secretary concerned 

7 shall take necessary precautions to prevent, and actions 

8 to suppress, brush and range fires occurring as a result 

9 of military activities on the land withdrawn and reserved 

10 by section 3011, including fires that occur on other land 

11 that spread from the withdrawn and reserved land. 

12 ‘‘(b) COOPERATION OF SECRETARY OF THE INTE13 RIOR.— 

14 ‘‘(1) IN GENERAL.—At the request of the Sec15 retary concerned, the Secretary of the Interior shall 

16 provide assistance in the suppression of fires under 

17 subsection (a). The Secretary concerned shall reim18 burse the Secretary of the Interior for the costs in19 curred by the Secretary of the Interior in providing 

20 such assistance. 

21 ‘‘(2) TRANSFER OF FUNDS.—Notwithstanding 

22 section 2215 of title 10, United States Code, the 

23 Secretary concerned may transfer to the Secretary 

24 of the Interior, in advance, funds to be used to reimVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01150 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1151 

HR 4909 PCS

1 burse the costs of the Department of the Interior in 

2 providing assistance under this subsection. 

3 ‘‘SEC. 3022. ONGOING DECONTAMINATION. 

4 ‘‘(a) PROGRAM OF DECONTAMINATION REQUIRED.— 

5 During the period of a withdrawal and reservation of land 

6 by section 3011, the Secretary concerned shall maintain, 

7 to the extent funds are available to carry out this sub8 section, a program of decontamination of contamination 

9 caused by defense-related uses on the withdrawn land. The 

10 decontamination program shall be carried out consistent 

11 with applicable Federal and State law. 

12 ‘‘(b) ANNUAL REPORT.—The Secretary of Defense 

13 shall include in the annual report required by section 2711 

14 of title 10, United States Code, a description of decon15 tamination activities conducted under subsection (a). 

16 ‘‘SEC. 3023. WATER RIGHTS. 

17 ‘‘(a) NO RESERVATION OF WATER RIGHTS.—Noth18 ing in this subtitle— 

19 ‘‘(1) establishes a reservation in favor of the 

20 United States with respect to any water or water 

21 right on the land withdrawn and reserved by section 

22 3011; or 

23 ‘‘(2) authorizes the appropriation of water on 

24 the land withdrawn and reserved by section 3011, 

25 except in accordance with applicable State law. 


emcdonald on DSK3SPTVN1PROD with BILLS
1152 

HR 4909 PCS

1 ‘‘(b) EFFECT ON PREVIOUSLY ACQUIRED OR RE2 SERVED WATER RIGHTS.— 

3 ‘‘(1) IN GENERAL.—Nothing in this section af4 fects any water rights acquired or reserved by the 

5 United States before October 5, 1999, on the land 

6 withdrawn and reserved by section 3011. 

7 ‘‘(2) AUTHORITY OF SECRETARY CON8 CERNED.—The Secretary concerned may exercise 

9 any water rights described in paragraph (1). 

10 ‘‘SEC. 3024. HUNTING, FISHING, AND TRAPPING. 

11 ‘‘(a) IN GENERAL.—Section 2671 of title 10, United 

12 States Code, shall apply to all hunting, fishing, and trap13 ping on the land— 

14 ‘‘(1) that is withdrawn and reserved by section 

15 3011; and 

16 ‘‘(2) for which management of the land has 

17 been assigned to the Secretary concerned. 

18 ‘‘(b) DESERT NATIONAL WILDLIFE REFUGE.— 

19 Hunting, fishing, and trapping within the Desert National 

20 Wildlife Refuge shall be conducted in accordance with the 

21 National Wildlife Refuge System Administration Act of 

22 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of 

23 Wildlife Areas Act of 1969 (16 U.S.C. 460k et seq.), and 

24 other laws applicable to the National Wildlife Refuge Sys25 tem. 


emcdonald on DSK3SPTVN1PROD with BILLS
1153 

HR 4909 PCS

1 ‘‘SEC. 3025. RELINQUISHMENT. 

2 ‘‘(a) NOTICE OF INTENTION TO RELINQUISH.—If, 

3 during the period of withdrawal and reservation made by 

4 section 3011, the Secretary concerned decides to relin5 quish any or all of the land withdrawn and reserved by 

6 section 3011, the Secretary concerned shall submit to the 

7 Secretary of the Interior notice of the intention to relin8 quish the land. 

9 ‘‘(b) DETERMINATION OF CONTAMINATION.—The 

10 Secretary concerned shall include in the notice submitted 

11 under subsection (a) a written determination concerning 

12 whether and to what extent the land that is to be relin13 quished is contaminated with explosive materials or toxic 

14 or hazardous substances. 

15 ‘‘(c) PUBLIC NOTICE.—The Secretary of the Interior 

16 shall publish in the Federal Register the notice of inten17 tion to relinquish the land under this section, including 

18 the determination concerning the contaminated state of 

19 the land. 

20 ‘‘(d) DECONTAMINATION OF LAND TO BE RELIN21 QUISHED.— 

22 ‘‘(1) DECONTAMINATION REQUIRED.—The Sec23 retary concerned shall decontaminate land subject to 

24 a notice of intention under subsection (a) to the ex25 tent that funds are appropriated for that purpose, 

26 if— 


emcdonald on DSK3SPTVN1PROD with BILLS
1154 

HR 4909 PCS

1 ‘‘(A) the land subject to the notice of in2 tention is contaminated, as determined by the 

3 Secretary concerned; and 

4 ‘‘(B) the Secretary of the Interior, in con5 sultation with the Secretary concerned, deter6 mines that— 

7 ‘‘(i) decontamination is practicable 

8 and economically feasible, after taking into 

9 consideration the potential future use and 

10 value of the contaminated land; and 

11 ‘‘(ii) on decontamination of the land, 

12 the land could be opened to operation of 

13 some or all of the public land laws, includ14 ing the mining laws, the mineral leasing 

15 laws, and the geothermal leasing laws. 

16 ‘‘(2) ALTERNATIVES TO RELINQUISHMENT.— 

17 The Secretary of the Interior shall not be required 

18 to accept the land proposed for relinquishment 

19 under subsection (a), if— 

20 ‘‘(A) the Secretary of the Interior, after 

21 consultation with the Secretary concerned, de22 termines that— 

23 ‘‘(i) decontamination of the land is 

24 not practicable or economically feasible; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1155 

HR 4909 PCS

1 ‘‘(ii) the land cannot be decontami2 nated sufficiently to be opened to operation 

3 of some or all of the public land laws; or 

4 ‘‘(B) sufficient funds are not appropriated 

5 for the decontamination of the land. 

6 ‘‘(3) STATUS OF CONTAMINATED LAND PRO7 POSED TO BE RELINQUISHED.—If, because of the 

8 contaminated state of the land, the Secretary of the 

9 Interior declines to accept land withdrawn and re10 served by section 3011 that has been proposed for 

11 relinquishment— 

12 ‘‘(A) the Secretary concerned shall take 

13 appropriate steps to warn the public of— 

14 ‘‘(i) the contaminated state of the 

15 land; and 

16 ‘‘(ii) any risks associated with entry 

17 onto the land; 

18 ‘‘(B) the Secretary concerned shall submit 

19 to the Secretary of the Interior and Congress a 

20 report describing— 

21 ‘‘(i) the status of the land; and 

22 ‘‘(ii) any actions taken under this 

23 paragraph. 

24 ‘‘(e) REVOCATION AUTHORITY.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1156 

HR 4909 PCS

1 ‘‘(1) IN GENERAL.—If the Secretary of the In2 terior determines that it is in the public interest to 

3 accept the land proposed for relinquishment under 

4 subsection (a), the Secretary of the Interior may 

5 order the revocation of a withdrawal and reservation 

6 made by section 3011. 

7 ‘‘(2) REVOCATION ORDER.—To carry out a rev8 ocation under paragraph (1), the Secretary of the 

9 Interior shall publish in the Federal Register a rev10 ocation order that— 

11 ‘‘(A) terminates the withdrawal and res12 ervation; 

13 ‘‘(B) constitutes official acceptance of the 

14 land by the Secretary of the Interior; and 

15 ‘‘(C) specifies the date on which the land 

16 will be opened to the operation of some or all 

17 of the public land laws, including the mining 

18 laws, the mineral leasing laws, and the geo19 thermal leasing laws. 

20 ‘‘(f) ACCEPTANCE BY SECRETARY OF THE INTE21 RIOR.— 

22 ‘‘(1) IN GENERAL.—Nothing in this section re23 quires the Secretary of the Interior to accept the 

24 land proposed for relinquishment if the Secretary deVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01156 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1157 

HR 4909 PCS

1 termines that the land is not suitable for return to 

2 the public domain. 

3 ‘‘(2) NOTICE.—If the Secretary makes a deter4 mination that the land is not suitable for return to 

5 the public domain, the Secretary shall provide notice 

6 of the determination to Congress. 

7 ‘‘SEC. 3026. EFFECT OF TERMINATION OF MILITARY USE. 

8 ‘‘(a) NOTICE AND EFFECT.—Upon a determination 

9 by the Secretary concerned that there is no longer a mili10 tary need for all or portions of the land for which adminis11 trative jurisdiction was transferred under section 3016, 

12 the Secretary concerned shall notify the Secretary of the 

13 Interior of such determination. Subject to subsections (b), 

14 (c), and (d), the Secretary concerned shall transfer admin15 istrative jurisdiction over the land subject to such a notice 

16 back to the administrative jurisdiction of the Secretary of 

17 the Interior. 

18 ‘‘(b) CONTAMINATION.—Before transmitting a notice 

19 under subsection (a), the Secretary concerned shall pre20 pare a written determination concerning whether and to 

21 what extent the land to be transferred is contaminated 

22 with explosive materials or toxic or hazardous substances. 

23 A copy of the determination shall be transmitted with the 

24 notice. Copies of the notice and the determination shall 

25 be published in the Federal Register. 


emcdonald on DSK3SPTVN1PROD with BILLS
1158 

HR 4909 PCS

1 ‘‘(c) DECONTAMINATION.—The Secretary concerned 

2 shall decontaminate any contaminated land that is the 

3 subject of a notice under subsection (a) if— 

4 ‘‘(1) the Secretary of the Interior, in consulta5 tion with the Secretary concerned, determines that— 

6 ‘‘(A) decontamination is practicable and 

7 economically feasible (taking into consideration 

8 the potential future use and value of the land); 

9 and 

10 ‘‘(B) upon decontamination, the land could 

11 be opened to operation of some or all of the 

12 public land laws, including the mining laws; and 

13 ‘‘(2) funds are appropriated for such decon14 tamination. 

15 ‘‘(d) NO REQUIRED ACCEPTANCE.—The Secretary of 

16 the Interior is not required to accept land proposed for 

17 transfer under subsection (a) if the Secretary of the Inte18 rior is unable to make the determinations under sub19 section (c)(1) or if Congress does not appropriate a suffi20 cient amount of funds for the decontamination of the land. 

21 ‘‘(e) ALTERNATIVE DISPOSAL.—If the Secretary of 

22 the Interior declines to accept land proposed for transfer 

23 under subsection (a), the Secretary concerned shall dis24 pose of the land in accordance with property disposal pro25 cedures established by law.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1159 

HR 4909 PCS

1 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

2 (1) CONFORMING AMENDMENTS.—Section 3014 

3 of the Military Lands Withdrawal Act of 1999 (title 

4 XXX of Public Law 106–65; 113 Stat. 890) is 

5 amended by striking subsections (b), (d), and (f). 

6 (2) CLERICAL AMENDMENTS.—The table of sec7 tions at the beginning of the Military Lands With8 drawal Act of 1999 (title XXX of Public Law 106– 

9 65; 113 Stat. 885) is amended by striking the items 

10 relating to sections 3016 through 3023 and inserting 

11 the following new items: 

‘‘Sec. 3016. Transfer process. 

‘‘Sec. 3017. Administration of transferred land. 

‘‘Sec. 3018. General applicability; definitions. 

‘‘Sec. 3019. Access restrictions. 

‘‘Sec. 3020. Changes in use. 

‘‘Sec. 3021. Brush and range fire prevention and suppression. 

‘‘Sec. 3022. Ongoing decontamination. 

‘‘Sec. 3023. Water rights. 

‘‘Sec. 3024. Hunting, fishing, and trapping. 

‘‘Sec. 3025. Relinquishment. 

‘‘Sec. 3026. Effect of termination of military use. 

‘‘Sec. 3027. Use of mineral materials. 

‘‘Sec. 3028. Immunity of United States.’’. 

12 SEC. 2842. PERMANENT WITHDRAWAL OR TRANSFER OF 

13 ADMINISTRATIVE JURISDICTION OF PUBLIC 

14 LAND, NAVAL AIR WEAPONS STATION CHINA 

15 LAKE, CALIFORNIA. 

16 Section 2979 of the Military Construction Authoriza17 tion Act for Fiscal Year 2014 (division B of Public Law 

18 113–66; 127 Stat. 1044) is amended by striking ‘‘on 


emcdonald on DSK3SPTVN1PROD with BILLS
1160 

HR 4909 PCS

1 March 31, 2039.’’ and inserting the following: ‘‘only as 

2 follows: 

3 ‘‘(1) If the Secretary of the Navy makes an 

4 election to terminate the withdrawal and reservation 

5 of the public land. 

6 ‘‘(2) If the Secretary of the Interior, upon re7 quest by the Secretary of the Navy, transfers admin8 istrative jurisdiction over the public land to the Sec9 retary of the Navy. A transfer under this paragraph 

10 may consist of a portion of the land, in which case 

11 the termination of the withdrawal and reservation 

12 applies only with respect to the land so trans13 ferred.’’. 

14 Subtitle F—Military Memorials, 

15 Monuments, and Museums 

16 SEC. 2851. CYBER CENTER FOR EDUCATION AND INNOVA17 TION–HOME OF THE NATIONAL 

18 CRYPTOLOGIC MUSEUM. 

19 (a) AUTHORITY TO ESTABLISH AND OPERATE CEN20 TER.—Chapter 449 of title 10, United States Code, is 

21 amended by adding at the end the following new section: 


emcdonald on DSK3SPTVN1PROD with BILLS
1161 

HR 4909 PCS

1 ‘‘§ 4781. Cyber Center for Education and Innovation– 

2 Home of the National Cryptologic Mu3 seum 

4 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

5 may establish at a publicly accessible location at Fort 

6 George G. Meade the ‘Cyber Center for Education and In7 novation–Home of the National Cryptologic Museum’ (in 

8 this section referred to as the ‘Center’). The Center may 

9 be used for the identification, curation, storage, and public 

10 viewing of materials relating to the activities of the Na11 tional Security Agency, its predecessor or successor orga12 nizations, and the history of cryptology. The Center may 

13 contain meeting, conference, and classroom facilities that 

14 will be used to support such education, training, public 

15 outreach, and other purposes as the Secretary considers 

16 appropriate. 

17 ‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.— 

18 The Secretary may enter into an agreement with the Na19 tional Cryptologic Museum Foundation (in this section re20 ferred to as the ‘Foundation’), a nonprofit organization, 

21 for the design, construction, and operation of the Center. 

22 ‘‘(c) ACCEPTANCE AUTHORITY.— 

23 ‘‘(1) ACCEPTANCE OF FACILITY.—If the Foun24 dation constructs the Center pursuant to an agree25 ment with the Foundation under subsection (b), 

26 upon satisfactory completion of the Center’s conVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01161 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1162 

HR 4909 PCS

1 struction or any phase thereof, as determined by the 

2 Secretary, and upon full satisfaction by the Founda3 tion of any other obligations pursuant to such agree4 ment, the Secretary may accept the Center (or any 

5 phase thereof) from the Foundation, and all right, 

6 title, and interest in the Center or such phase shall 

7 vest in the United States. 

8 ‘‘(2) ACCEPTANCE OF SERVICES.—Notwith9 standing section 1342 of title 31, the Secretary may 

10 accept services from the Foundation in connection 

11 with the design, construction, and operation of the 

12 Center. For purposes of this section and any other 

13 provision of law, employees or personnel of the 

14 Foundation shall not be considered to be employees 

15 of the United States. 

16 ‘‘(d) FEES AND USER CHARGES.— 

17 ‘‘(1) AUTHORITY TO ASSESS FEES AND USER

18 CHARGES.—Under regulations prescribed by the Sec19 retary, the Director may assess fees and user 

20 charges sufficient to cover the cost of the use of 

21 Center facilities and property, including rental, user, 

22 conference, and concession fees, except that the Di23 rector may not assess fees for general admission to 

24 the National Cryptologic Museum. 


emcdonald on DSK3SPTVN1PROD with BILLS
1163 

HR 4909 PCS

1 ‘‘(2) USE OF FUNDS.—Amounts received by the 

2 Director under paragraph (1) shall be deposited into 

3 the Fund established under subsection (e). 

4 ‘‘(e) FUND.— 

5 ‘‘(1) ESTABLISHMENT.—Upon the Secretary’s 

6 acceptance of the Center under subsection (c)(1), 

7 there is established in the Treasury a fund to be 

8 known as the ‘Cyber Center for Education and Inno9 vation–Home of the National Cryptologic Museum 

10 Fund’ (in this section referred to as the ‘Fund’). 

11 ‘‘(2) CONTENTS.—The Fund shall consist of 

12 the following amounts: 

13 ‘‘(A) Fees and user charges deposited by 

14 the Director under subsection (d). 

15 ‘‘(B) Any other amounts received by the 

16 Director which are attributable to the operation 

17 of the Center. 

18 ‘‘(C) Such amounts as may be appro19 priated under law. 

20 ‘‘(3) USE OF FUND.—Amounts in the Fund 

21 shall be available to the Director for the benefit and 

22 operation of the Center, including the costs of oper23 ation and the acquisition of books, manuscripts, 

24 works of art, historical artifacts, drawings, plans, 

25 models, and condemned or obsolete combat materiel. 


emcdonald on DSK3SPTVN1PROD with BILLS
1164 

HR 4909 PCS

1 ‘‘(4) CONTINUING AVAILABILITY OF

2 AMOUNTS.—Amounts in the Fund shall be available 

3 without fiscal year limitation.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘4781. Cyber Center for Education and Innovation–Home of the National 

Cryptologic Museum.’’. 

7 SEC. 2852. RENAMING SITE OF THE DAYTON AVIATION HER8 ITAGE NATIONAL HISTORICAL PARK, OHIO. 

9 Section 101(b)(5) of the Dayton Aviation Heritage 

10 Preservation Act of 1992 (16 U.S.C. 410ww(b)(5)) is 

11 amended by striking ‘‘Aviation Center’’ and inserting 

12 ‘‘National Museum’’. 

13 SEC. 2853. SUPPORT FOR MILITARY SERVICE MEMORIALS 

14 AND MUSEUMS HIGHLIGHTING ROLE OF 

15 WOMEN IN THE MILITARY. 

16 (a) AUTHORIZATION OF SUPPORT.—Subject to ap17 propriation, the Secretary of Defense may provide finan18 cial support for military service memorials and museums 

19 in the acquisition, installation, and maintenance of exhib20 its, facilities, and programs that highlight the role of 

21 women in the military. 

22 (b) AGREEMENT WITH NONPROFIT ORGANIZA23 TIONS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1165 

HR 4909 PCS

1 (1) AUTHORIZATION OF AGREEMENT.—Subject 

2 to paragraph (2), the Secretary may carry out sub3 section (a) by entering into contracts with nonprofit 

4 organizations under which such an organization 

5 shall carry out the activities described in such sub6 section. 

7 (2) REPORT REQUIRED PRIOR TO AGREE8 MENT.—The Secretary may not enter into a contract 

9 under paragraph (1) until the congressional defense 

10 committees have received a report from the Sec11 retary that describes how the use of such a contract 

12 will help educate and inform the public on the his13 tory and mission of the military, or support training 

14 and leadership development of military personnel, 

15 and is in the best interests of the Department of De16 fense. 

17 SEC. 2854. PETERSBURG NATIONAL BATTLEFIELD BOUND18 ARY MODIFICATION. 

19 (a) IN GENERAL.—The boundary of the Petersburg 

20 National Battlefield is modified to include the land and 

21 interests in land as generally depicted on the map titled 

22 ‘‘Petersburg National Battlefield Proposed Boundary Ex23 pansion’’, numbered 325/80,080, and dated March 2016. 

24 The map shall be on file and available for public inspection 

25 in the appropriate offices of the National Park Service. 


emcdonald on DSK3SPTVN1PROD with BILLS
1166 

HR 4909 PCS

1 (b) ACQUISITION OF PROPERTIES.— 

2 (1) AUTHORITY.—The Secretary of the Interior 

3 (referred to in this section as the ‘‘Secretary’’) is au4 thorized to acquire the land and interests in land, 

5 described in subsection (a), from willing sellers only, 

6 by donation, purchase with donated or appropriated 

7 funds, exchange, or transfer. 

8 (2) NO USE OF CONDEMNATION.—The Sec9 retary may not acquire by condemnation any land or 

10 interest in land under this Act or for the purposes 

11 of this Act. 

12 (3) NO BUFFER ZONE CREATED.—Nothing in 

13 this Act, the acquisition of the land or an interest 

14 in land authorized under subsection (a), or the man15 agement plan for the Petersburg National Battle16 field (including the acquired land) shall be construed 

17 to create buffer zones outside the Petersburg Na18 tional Battlefield. That activities or uses can be 

19 seen, heard, or detected from the acquired land shall 

20 not preclude, limit, control, regulate, or determine 

21 the conduct or management of activities or uses out22 side of the Petersburg National Battlefield. 

23 (4) WRITTEN CONSENT OF THE OWNER.—No 

24 non-Federal property may be included in the PetersVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01166 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1167 

HR 4909 PCS

1 burg National Battlefield without the written con2 sent of the owner. 

3 (5) TECHNICAL AMENDMENT.—Section 313(a) 

4 of the National Parks and Recreation Act of 1978 

5 (Public Law 95–625; 92 Stat. 3479) is amended by 

6 striking ‘‘twenty-one’’ and inserting ‘‘twenty-five’’. 

7 (c) ADMINISTRATION.—The Secretary shall admin8 ister any land or interests in land acquired under sub9 section (b) as part of the Petersburg National Battlefield 

10 in accordance with applicable laws and regulations. 

11 (d) ADMINISTRATIVE JURISDICTION TRANSFER.— 

12 (1) IN GENERAL.—There is transferred— 

13 (A) from the Secretary to the Secretary of 

14 the Army administrative jurisdiction over the 

15 approximately 1.170-acre parcel of land de16 picted as ‘‘Area to be transferred to Fort Lee 

17 Military Reservation’’ on the map described in 

18 paragraph (2); and 

19 (B) from the Secretary of the Army to the 

20 Secretary administrative jurisdiction over the 

21 approximately 1.171-acre parcel of land de22 picted as ‘‘Area to be transferred to Petersburg 

23 National Battlefield’’ on the map described in 

24 paragraph (2). 


emcdonald on DSK3SPTVN1PROD with BILLS
1168 

HR 4909 PCS

1 (2) MAP.—The land to be exchanged is de2 picted on the map titled ‘‘Petersburg National Bat3 tlefield Proposed Transfer of Administrative Juris4 diction’’, numbered 325/80,801A, dated March 

5 2016. The map shall be on file and available for 

6 public inspection in the appropriate offices of the 

7 National Park Service. 

8 (3) CONDITIONS OF TRANSFER.—The transfer 

9 of administrative jurisdiction under paragraph (1) 

10 shall be subject to the following conditions: 

11 (A) NO REIMBURSEMENT OR CONSIDER12 ATION.—The transfer shall occur without reim13 bursement or consideration. 

14 (B) MANAGEMENT.—The land transferred 

15 to the Secretary under paragraph (1) shall be 

16 included within the boundary of the Petersburg 

17 National Battlefield and administered as part 

18 of that park in accordance with applicable laws 

19 and regulations, and the land transferred to the 

20 Secretary of the Army shall be excluded from 

21 the boundary of the Petersburg National Bat22 tlefield. 


emcdonald on DSK3SPTVN1PROD with BILLS
1169 

HR 4909 PCS

1 SEC. 2855. AMENDMENTS TO THE NATIONAL HISTORIC 

2 PRESERVATION ACT. 

3 Section 101(a) of the National Historic Preservation 

4 Act (16 U.S.C. 470a(a)) is amended as follows: 

5 (1) In paragraph (2)— 

6 (A) in subparagraph (E), by striking ‘‘; 

7 and’’ and inserting a semicolon; 

8 (B) in subparagraph (F), by striking the 

9 period and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(G) notifying the Committee on Natural Re12 sources of the United States House of Representa13 tives and the Committee on Energy and Natural Re14 sources of the Senate if the property is owned by the 

15 Federal Government when the property is being con16 sidered for inclusion on the National Register, for 

17 designation as a National Historic Landmark, or for 

18 nomination to the World Heritage List.’’. 

19 (2) By redesignating paragraphs (7) and (8) as 

20 paragraphs (8) and (9), respectively. 

21 (3) By inserting after paragraph (6) the fol22 lowing: 

23 ‘‘(7) If the head of the agency managing any 

24 Federal property objects to such inclusion or des25 ignation for reasons of national security, such as any 

26 impact the inclusion or designation would have on 


emcdonald on DSK3SPTVN1PROD with BILLS
1170 

HR 4909 PCS

1 use of the property for military training or readiness 

2 purposes, that Federal property shall be neither in3 cluded on the National Register nor designated as a 

4 National Historic Landmark until the objection is 

5 withdrawn.’’. 

6 (4) By adding after paragraph (9) (as so redes7 ignated by paragraph (2) of this section) the fol8 lowing: 

9 ‘‘(10) The Secretary shall promulgate regula10 tions to allow for expedited removal of Federal prop11 erty listed on the National Register of Historic 

12 Places if the managing agency of that Federal prop13 erty submits to the Secretary a written request to 

14 remove the Federal property from the National Reg15 ister of Historic Places for reasons of national secu16 rity, such as any impact the inclusion or designation 

17 would have on use of the property for military train18 ing or readiness purposes.’’. 

19 SEC. 2856. RECOGNITION OF THE NATIONAL MUSEUM OF 

20 WORLD WAR II AVIATION. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) World War II was one of the most impor23 tant events in the history of the Nation, a time of 

24 moral clarity and common purpose that remains 


emcdonald on DSK3SPTVN1PROD with BILLS
1171 

HR 4909 PCS

1 today as an inspiration to all people in the United 

2 States. 

3 (2) The role of aviation was a critical factor in 

4 the success of winning World War II and defeating 

5 the enemies worldwide. 

6 (3) The bravery, courage, dedication, and her7 oism of World War II aviators and support per8 sonnel was an important element in the winning of 

9 World War II. 

10 (4) The National Museum of World War II 

11 Aviation in Colorado Springs, Colorado, exists to 

12 help preserve and promote an understanding of the 

13 role of aviation in winning World War II. 

14 (5) The National Museum of World War II 

15 Aviation is dedicated to celebrating the spirit of the 

16 United States, recognizing the teamwork, collabora17 tion, patriotism, and courage of the men and women 

18 who fought, as well as those on the homefront who 

19 mobilized and supported the national aviation effort. 

20 (b) CONDITIONS ON RECOGNITION OF AMERICA’S

21 NATIONAL WORLD WAR II AVIATION MUSEUM.—The 

22 Secretary of the Air Force, Secretary of the Navy, and 

23 Secretary of the Army shall— 

24 (1) each provide a briefing to the Committees 

25 on Armed Services of the House of Representatives 


emcdonald on DSK3SPTVN1PROD with BILLS
1172 

HR 4909 PCS

1 and the Senate evaluating the suitability of the mu2 seum for recognition as a national museum; and 

3 (2) each certify to such Committees that the 

4 museum is suitable for such recognition. 

5 (c) ELEMENTS OF CERTIFICATION.—The Secretary 

6 of the Air Force, Secretary of the Navy, and Secretary 

7 of the Army shall provide the certification under sub8 section (b)(2) only if each certifies that each of the fol9 lowing is correct: 

10 (1) The museum possesses the infrastructure 

11 necessary to maintain and preserve military cultural 

12 resources. 

13 (2) The museum is accredited. 

14 (3) The museum prevents the private use of 

15 any item donated to the museum. 

16 (4) The museum applies industry standards for 

17 the preservation of military cultural resources. 

18 (5) The museum employs sufficient staff, 

19 trained to industry standards, to ensure the preser20 vation of military cultural resources. 

21 SEC. 2857. BATTLESHIP PRESERVATION GRANT PROGRAM. 

22 (a) ESTABLISHMENT.—There is hereby established 

23 within the Department of the Interior a grant program 

24 for the preservation of our nation’s most historic battle25 ships. 


emcdonald on DSK3SPTVN1PROD with BILLS
1173 

HR 4909 PCS

1 (b) USE OF GRANTS.—Amounts received through 

2 grants under this section shall be used for the preservation 

3 of our nation’s most historic battleships in a manner that 

4 is self-sustaining and has an educational component. 

5 (c) CRITERIA FOR ELIGIBILITY.—To be eligible for 

6 a grant under this section, an entity shall— 

7 (1) submit an application under procedures pre8 scribed by the Secretary; 

9 (2) match the amount of the grant, on a 1-to10 1 basis, with non-Federal assets from non-Federal 

11 sources, which may include cash or durable goods 

12 and materials fairly valued as determined by the 

13 Secretary; 

14 (3) maintain records as may be reasonably nec15 essary to fully disclose— 

16 (A) the amount and the disposition of the 

17 proceeds of the grant; 

18 (B) the total cost of the project for which 

19 the grant is made; and 

20 (C) other records as may be required by 

21 the Secretary, including such records as will fa22 cilitate an effective accounting for project 

23 funds; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1174 

HR 4909 PCS

1 (4) provide access to the Secretary for the pur2 poses of any required audit and examination of any 

3 books, documents, papers, and records of the entity. 

4 (d) MOST HISTORIC BATTLESHIP DEFINED.—In this 

5 section, the term ‘‘most historic battleship’’ means a bat6 tleship that is— 

7 (1) between 75 and 115 years old; 

8 (2) listed on the National Historic Register; 

9 and 

10 (3) located within the State for which it was 

11 named. 

12 (e) SAVINGS PROVISION.—The authorities contained 

13 in this section shall be in addition to, and shall not be 

14 construed to supercede or modify those contained in the 

15 National Historic Preservation Act (16 U.S.C. 470–470x– 

16 6). 

17 (f) PRIVATE PROPERTY PROTECTION.— 

18 (1) IN GENERAL.—No Federal funds made 

19 available to carry out this section may be used to ac20 quire any real property, or any interest in any real 

21 property, without the written consent of the owner 

22 (or owners) of that property or interest in property. 

23 (2) NO DESIGNATION.—The authority granted 

24 by this section shall not constitute a Federal desVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01174 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1175 

HR 4909 PCS

1 ignation or have any effect on private property own2 ership. 

3 (g) SUNSET.—The authority to make grants under 

4 this section expires on September 30, 2023. 

5 Subtitle G—Designations and 

6 Other Matters 

7 SEC. 2861. DESIGNATION OF PORTION OF MOFFETT FED8 ERAL AIRFIELD, CALIFORNIA, AS MOFFETT 

9 AIR NATIONAL GUARD BASE. 

10 (a) DESIGNATION.—The 111-acre cantonment area 

11 at Moffett Federal Airfield, California, utilized by the 

12 129th Rescue Wing of the California Air National Guard 

13 shall be known and designated as ‘‘Moffett Air National 

14 Guard Base’’. 

15 (b) REFERENCES.—Any reference in any law, regula16 tion, map, document, paper, other record of the United 

17 States to the cantonment area at Moffett Federal Airfield 

18 described in subsection (a) shall be considered to be a ref19 erence to Moffett Air National Guard Base. 

20 SEC. 2862. REDESIGNATION OF MIKE O’CALLAGHAN FED21 ERAL MEDICAL CENTER. 

22 Section 2867 of the Military Construction Authoriza23 tion Act for Fiscal Year 1997 (division B of Public Law 

24 104–201; 110 Stat. 2806), as amended by section 8135(a) 

25 of the Department of Defense Appropriations Act, 1997 


emcdonald on DSK3SPTVN1PROD with BILLS
1176 

HR 4909 PCS

1 (section 101(b) of division A of the Omnibus Consolidated 

2 Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 

3 3009–118)), and as amended by section 2862 of the Mili4 tary Construction Authorization Act for Fiscal Year 2012 

5 (division B of Public Law 112–81; 125 Stat. 1701) is fur6 ther amended— 

7 (1) by striking ‘‘Mike O’Callaghan Federal 

8 Medical Center’’ each place it appears and inserting 

9 ‘‘Mike O’Callaghan Military Medical Center’’; and 

10 (2) in the heading, by striking ‘‘MIKE

11 O’CALLAGHAN’’ and all that follows and inserting 

12 ‘‘MIKE O’CALLAGHAN MILITARY MEDICAL CEN13 TER.’’. 

14 SEC. 2863. TRANSFER OF CERTAIN ITEMS OF THE OMAR 

15 BRADLEY FOUNDATION TO THE DESCEND16 ANTS OF GENERAL OMAR BRADLEY. 

17 (a) TRANSFER AUTHORIZED.—The Omar Bradley 

18 Foundation, Pennsylvania, may transfer, without consid19 eration, to the child of General of the Army Omar Nelson 

20 Bradley and his first wife Mary Elizabeth Quayle Bradley, 

21 namely Elizabeth Bradley, such items of the Omar Brad22 ley estate under the control of the Foundation as the Sec23 retary of the Army determines to be without historic value 

24 to the Army. 


emcdonald on DSK3SPTVN1PROD with BILLS
1177 

HR 4909 PCS

1 (b) TIME OF SUBMITTAL OF CLAIM FOR TRANS2 FER.—No item may be transferred under subsection (a) 

3 unless the claim for the transfer of such item is submitted 

4 to the Omar Bradley Foundation during the 180-day pe5 riod beginning on the date of the enactment of this Act. 

6 SEC. 2864. PROTECTION AND RECOVERY OF GREATER SAGE 

7 GROUSE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) FEDERAL RESOURCE MANAGEMENT

10 PLAN.—The term ‘‘Federal resource management 

11 plan’’ means— 

12 (A) a land use plan prepared by the Bu13 reau of Land Management for public lands pur14 suant to section 202 of the Federal Land Policy 

15 and Management Act of 1976 (43 U.S.C. 

16 1712); or 

17 (B) a land and resource management plan 

18 prepared by the Forest Service for National 

19 Forest System lands pursuant to section 6 of 

20 the Forest and Rangeland Renewable Resources 

21 Planning Act of 1974 (16 U.S.C. 1604). 

22 (2) GREATER SAGE GROUSE.—The term 

23 ‘‘Greater Sage Grouse’’ means a sage grouse of the 

24 species Centrocercus urophasianus. 


emcdonald on DSK3SPTVN1PROD with BILLS
1178 

HR 4909 PCS

1 (3) STATE MANAGEMENT PLAN.—The term 

2 ‘‘State management plan’’ means a State-approved 

3 plan for the protection and recovery of the Greater 

4 Sage Grouse. 

5 (b) PURPOSE.—The purpose of this section is— 

6 (1) to facilitate implementation of State man7 agement plans over a period of multiple, consecutive 

8 Greater Sage Grouse life cycles; and 

9 (2) to demonstrate the efficacy of the State 

10 management plans for the protection and recovery of 

11 the Greater Sage Grouse. 

12 (c) DELAY IN MAKING ENDANGERED SPECIES ACT

13 OF 1973 FINDING.— 

14 (1) DELAY REQUIRED.—In the case of any 

15 State with a State management plan, the Secretary 

16 of the Interior may not make a finding under clause 

17 (i), (ii), or (iii) of section 4(b)(3)(B) of the Endan18 gered Species Act of 1973 (16 U.S.C. 

19 1533(b)(3)(B)) with respect to the Greater Sage 

20 Grouse in that State before September 30, 2026. 

21 (2) EFFECT ON OTHER LAWS.—The delay im22 posed by paragraph (1) is, and shall remain, effec23 tive without regard to any other statute, regulation, 

24 court order, legal settlement, or any other provision 

25 of law or in equity. 


emcdonald on DSK3SPTVN1PROD with BILLS
1179 

HR 4909 PCS

1 (3) EFFECT ON CONSERVATION STATUS.—Until 

2 the date specified in paragraph (1), the conservation 

3 status of the Greater Sage Grouse shall remain not 

4 warranted for listing under the Endangered Species 

5 Act of 1973 (16 U.S.C. 1531 et seq.). 

6 (d) COORDINATION OF FEDERAL LAND MANAGE7 MENT AND STATE MANAGEMENT PLANS.— 

8 (1) PROHIBITION ON WITHDRAWALS AND MODI9 FICATIONS OF FEDERAL RESOURCE MANAGEMENT

10 PLANS.—In order to foster coordination between a 

11 State management plan and Federal resource man12 agement plans that affect the Greater Sage Grouse, 

13 upon notification by the Governor of a State with a 

14 State management plan, the Secretary of the Inte15 rior and the Secretary of Agriculture, as applicable, 

16 may not exercise authority under section 204 of the 

17 Federal Land Policy and Management Act of 1976 

18 (43 U.S.C. 1714) to make, modify, or extend any 

19 withdrawal, nor amend or otherwise modify any Fed20 eral resource management plan applicable to Federal 

21 land in the State, in a manner inconsistent with the 

22 State management plan for a period, to be specified 

23 by the Governor in the notification, of at least five 

24 years beginning on the date of the notification. 


emcdonald on DSK3SPTVN1PROD with BILLS
1180 

HR 4909 PCS

1 (2) RETROACTIVE EFFECT.—In the case of any 

2 State that provides notification under paragraph (1), 

3 if any withdrawal was made, modified, or extended 

4 or if any amendment or modification of a Federal 

5 resource management plan applicable to Federal 

6 lands in the State was issued during the three-year 

7 period preceding the date of the notification and the 

8 withdrawal, amendment, or modification altered 

9 management of the Greater Sage Grouse or its habi10 tat, implementation and operation of the withdrawal, 

11 amendment, or modification shall be stayed to the 

12 extent that the withdrawal, amendment, or modifica13 tion is inconsistent with the State management plan. 

14 The Federal resource management plan, as in effect 

15 immediately before the amendment or modification, 

16 shall apply instead with respect to management of 

17 the Greater Sage Grouse and its habitat, to the ex18 tent consistent with the State management plan. 

19 (3) DETERMINATION OF INCONSISTENCY.—Any 

20 disagreement regarding whether a withdrawal, or an 

21 amendment or other modification of a Federal re22 source management plan, is inconsistent with a 

23 State management plan shall be resolved by the 

24 Governor of the affected State. 


emcdonald on DSK3SPTVN1PROD with BILLS
1181 

HR 4909 PCS

1 (e) RELATION TO NATIONAL ENVIRONMENTAL POL2 ICY ACT OF 1969.—With regard to any major Federal ac3 tion consistent with a State management plan, any find4 ings, analyses, or conclusions regarding the Greater Sage 

5 Grouse or its habitat under section 102(2)(C) of the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 

7 4332(2)(C)) shall not have a preclusive effect on the ap8 proval or implementation of the major Federal action in 

9 that State. 

10 (f) REPORTING REQUIREMENT.—Not later than one 

11 year after the date of the enactment of this Act and annu12 ally thereafter through 2026, the Secretary of the Interior 

13 and the Secretary of Agriculture shall jointly submit to 

14 the Committee on Energy and Natural Resources of the 

15 Senate and the Committee on Natural Resources of the 

16 House of Representatives a report on the Secretaries’ im17 plementation and effectiveness of systems to monitor the 

18 status of Greater Sage Grouse on Federal lands under 

19 their jurisdiction. 

20 (g) JUDICIAL REVIEW.—Notwithstanding any other 

21 provision of statute or regulation, the requirements and 

22 implementation of this section, including determinations 

23 made under subsection (d)(3), are not subject to judicial 

24 review. 


emcdonald on DSK3SPTVN1PROD with BILLS
1182 

HR 4909 PCS

1 SEC. 2865. IMPLEMENTATION OF LESSER PRAIRIE-CHICK2 EN RANGE-WIDE CONSERVATION PLAN AND 

3 OTHER CONSERVATION MEASURES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) CANDIDATE CONSERVATION AGREE6 MENTS.—The terms ‘‘Candidate Conservation 

7 Agreement’’ and ‘‘Candidate and Conservation 

8 Agreement With Assurances’’ have the meaning 

9 given those terms in— 

10 (A) the announcement of the Department 

11 of the Interior and the Department of Com12 merce entitled ‘‘Announcement of Final Policy 

13 for Candidate Conservation Agreements with 

14 Assurances’’ (64 Fed. Reg. 32726 (June 17, 

15 1999)); and 

16 (B) sections 17.22(d) and 17.32(d) of title 

17 50, Code of Federal Regulations (as in effect on 

18 the date of enactment of this Act). 

19 (2) RANGE-WIDE PLAN.—The term ‘‘Range20 Wide Plan’’ means the Lesser Prairie-Chicken 

21 Range-Wide Conservation Plan of the Western Asso22 ciation of Fish and Wildlife Agencies, as endorsed by 

23 the United States Fish and Wildlife Service on Octo24 ber 23, 2013, and published for comment on Janu25 ary 29, 2014 (79 Fed. Reg. 4652). 


emcdonald on DSK3SPTVN1PROD with BILLS
1183 

HR 4909 PCS

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (b) PROHIBITION ON TREATMENT AS THREATENED

4 OR ENDANGERED SPECIES.— 

5 (1) IN GENERAL.—Notwithstanding any prior 

6 action by the Secretary, the lesser prairie-chicken 

7 shall not be treated as a threatened species or en8 dangered species under the Endangered Species Act 

9 of 1973 (16 U.S.C. 1531 et seq.) before December 

10 31, 2022. 

11 (2) PROHIBITION ON PROPOSAL.—Effective be12 ginning on January 1, 2023, the lesser prairie-chick13 en may not be treated as a threatened species or en14 dangered species under the Endangered Species Act 

15 of 1973 (16 U.S.C. 1531 et seq.) unless the Sec16 retary publishes a determination, based on the total17 ity of the scientific evidence, that conservation (as 

18 that term is used in that Act) under the Range-Wide 

19 Plan and the agreements, programs, and efforts re20 ferred to in subsection (c) have not achieved the con21 servation goals established by the Range-Wide Plan. 

22 (c) MONITORING OF PROGRESS OF CONSERVATION

23 PROGRAMS.—The Secretary shall monitor and annually 

24 submit to Congress a report on progress in conservation 


emcdonald on DSK3SPTVN1PROD with BILLS
1184 

HR 4909 PCS

1 of the lesser prairie-chicken under the Range-Wide Plan 

2 and all related— 

3 (1) Candidate Conservation Agreements and 

4 Candidate and Conservation Agreements With As5 surances; 

6 (2) other Federal conservation programs admin7 istered by the United States Fish and Wildlife Serv8 ice, the Bureau of Land Management, and the De9 partment of Agriculture; 

10 (3) State conservation programs; and 

11 (4) private conservation efforts. 

12 SEC. 2866. REMOVAL OF ENDANGERED SPECIES STATUS 

13 FOR AMERICAN BURYING BEETLE. 

14 Notwithstanding the final rule of the United States 

15 Fish and Wildlife Service entitled ‘‘Endangered and 

16 Threatened Wildlife and Plants; Determination of Endan17 gered Status for the American Burying Beetle’’ (54 Fed. 

18 Reg. 29652 (July 13, 1989)), the American burying beetle 

19 shall not be listed as a threatened species or endangered 

20 species under the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.). 


emcdonald on DSK3SPTVN1PROD with BILLS
1185 

HR 4909 PCS

1 SEC. 2867. REPORT ON DOCUMENTATION FOR ACQUISITION 

2 OF CERTAIN PROPERTIES ALONG COLUMBIA 

3 RIVER, WASHINGTON, BY CORPS OF ENGI4 NEERS. 

5 (a) REPORT ON DOCUMENTATION.—Not later than 

6 180 days after the date of the enactment of this Act, the 

7 Secretary of the Army, acting through the Chief of Engi8 neers, shall submit a report to Congress on the process 

9 by which the Corps of Engineers acquired the properties 

10 described in subsection (b), and shall include in the report 

11 the specific legal documentation pursuant to which the 

12 properties were acquired. 

13 (b) PROPERTIES DESCRIBED.—The properties de14 scribed in this subsection are each of the properties de15 scribed in paragraph (2) of section 501(i) of the Water 

16 Resources Development Act of 1996 (Public Law 104– 

17 303; 110 Stat. 3752). 

18 TITLE XXIX—OVERSEAS CONTIN19 GENCY OPERATIONS MILI20 TARY CONSTRUCTION 

21 SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 

22 ACQUISITION PROJECTS. 

23 The Secretary of the Navy may acquire real property 

24 and carry out the military construction projects for the 

25 installations outside the United States, and in the 

26 amounts, set forth in the following table: 


emcdonald on DSK3SPTVN1PROD with BILLS
1186 

HR 4909 PCS

Navy: Outside the United States 

Country Installation Amount 

Djibouti ........................ Camp Lemonier ......................................... $37,409,000 

Iceland .......................... Keflavik ...................................................... $19,600,000 

1 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

2 LAND ACQUISITION PROJECTS. 

3 The Secretary of the Air Force may acquire real 

4 property and carry out the military construction projects 

5 for the installations outside the United States, and in the 

6 amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation Amount 

Bulgaria ....................... Graf Ignatievo ............................................ $13,400,000 

Djibouti ........................ Chabelley Airfield ....................................... $10,500,000 

Estonia ......................... Amari Air Base .......................................... $6,500,000 

Germany ....................... Spangdahlem Air Base .............................. $18,700,000 

Lithuania ..................... Siauliai ....................................................... $3,000,000 

Poland .......................... Powidz Air Base ........................................ $4,100,000 

Lask Air Base ............................................ $4,100,000 

Romania ....................... Campia Turzii ............................................ $18,500,000 

7 SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2016, for the 

10 military construction projects outside the United States 

11 authorized by this title as specified in the funding table 

12 in section 4602 and 4603. 


emcdonald on DSK3SPTVN1PROD with BILLS
1187 

HR 4909 PCS

1 TITLE XXX—UTAH TEST AND 

2 TRAINING RANGE ENCROACH3 MENT PREVENTION AND TEM4 PORARY CLOSURE AUTHORI5 TIES 

6 SEC. 3001. FINDINGS AND DEFINITIONS. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the testing and development of military 

9 weapons systems and the training of military forces 

10 are critical to ensuring the national security of the 

11 United States; 

12 (2) the Utah Test and Training Range is a 

13 unique and irreplaceable national asset at the core 

14 of the test and training mission of the Department 

15 of Defense; 

16 (3) continued access to the special use airspace 

17 and land that comprise the Utah Test and Training 

18 Range, under the terms and conditions described in 

19 this title is a national security priority; 

20 (4) multiple use of, sustained yield activities on, 

21 and access to the BLM land are vital to the cus22 toms, culture, economy, ranching, grazing, and 

23 transportation interests of the counties in which the 

24 BLM land is situated; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1188 

HR 4909 PCS

1 (5) the limited use by the military of the BLM 

2 land and airspace above the BLM land is vital to 

3 improving and maintaining the readiness of the 

4 Armed Forces. 

5 (b) DEFINITIONS.—In this title: 

6 (1) BLM LAND.—The term ‘‘BLM land’’ 

7 means the Bureau of Land Management land in the 

8 State comprising approximately 625,643 acres, as 

9 generally depicted on the map entitled ‘‘Utah Test 

10 and Training Range Enhancement/West Desert 

11 Land Exchange’’ and dated February 12, 2016. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (3) STATE.—The term ‘‘State’’ means the State 

15 of Utah. 

16 (4) UTAH TEST AND TRAINING RANGE.— 

17 (A) IN GENERAL.—The term ‘‘Utah Test 

18 and Training Range’’ means the portions of the 

19 military land and airspace operating area of the 

20 Utah Test and Training Area that are located 

21 in the State. 

22 (B) INCLUSION.—The term ‘‘Utah Test 

23 and Training Range’’ includes the Dugway 

24 Proving Ground. 


emcdonald on DSK3SPTVN1PROD with BILLS
1189 

HR 4909 PCS

1 Subtitle A—Utah Test and Training 

2 Range 

3 SEC. 3011. MANAGEMENT OF BLM LAND. 

4 (a) MEMORANDUM OF AGREEMENT.— 

5 (1) DRAFT.— 

6 (A) IN GENERAL.—Not later than 90 days 

7 after the date of enactment of this Act, the Sec8 retary and the Secretary of the Air Force shall 

9 complete a draft of the memorandum of agree10 ment required under paragraph (2). 

11 (B) PUBLIC COMMENT PERIOD.—During 

12 the 30-day period beginning on the date on 

13 which the draft memorandum of agreement is 

14 completed under subparagraph (A), there shall 

15 be an opportunity for public comment on the 

16 draft memorandum of agreement, including an 

17 opportunity for the Utah Test and Training 

18 Range Community Resource Group established 

19 under section 3013(a) to provide comments on 

20 the draft memorandum of agreement. 

21 (2) REQUIREMENT; DEADLINE.— 

22 (A) IN GENERAL.—Not later than 180 

23 days after the date of enactment of this Act, 

24 the Secretary and the Secretary of the Air 

25 Force shall enter into a memorandum of agreeVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01189 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1190 

HR 4909 PCS

1 ment that provides for the continued manage2 ment of the BLM land by the Secretary, in a 

3 manner that provides for the limited use of the 

4 BLM land by the Secretary of the Air Force, 

5 consistent with this title. 

6 (B) SIGNATURES REQUIRED.—The terms 

7 of the memorandum of agreement, including a 

8 temporary closure of the BLM land under the 

9 memorandum of agreement, may not be carried 

10 out until the date on which all parties to the 

11 memorandum of agreement have signed the 

12 memorandum of agreement. 

13 (3) MANAGEMENT BY SECRETARY.—The memo14 randum of agreement under paragraph (2) shall pro15 vide that the Secretary (acting through the Director 

16 of the Bureau of Land Management) shall continue 

17 to manage the BLM land— 

18 (A) as land described in section 

19 6901(1)(B) of title 31, United States Code; 

20 (B) for multiple use and sustained yield 

21 goals and activities as required under sections 

22 102(a)(7) and 202(c)(1) of the Federal Land 

23 Policy and Management Act of 1976 (43 U.S.C. 

24 1701(a)(7), 1712(c)(1)) and defined in section 

25 103 of that Act (43 U.S.C. 1702), including all 


emcdonald on DSK3SPTVN1PROD with BILLS
1191 

HR 4909 PCS

1 principal or major uses on Federal land recog2 nized pursuant to the definition of the term in 

3 section 103 of that Act (43 U.S.C. 1702); 

4 (C) in accordance with section 202 of the 

5 Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1712); and 

7 (D) subject to use by the Secretary of the 

8 Air Force provided under section 3012 for— 

9 (i) the preservation of the Utah Test 

10 and Training Range against current and 

11 future encroachments that the Secretary of 

12 the Air Force finds to be incompatible with 

13 current and future test and training re14 quirements; 

15 (ii) the testing of— 

16 (I) advanced weapon systems, in17 cluding current weapons systems, 5th 

18 generation weapon systems, and fu19 ture weapon systems; and 

20 (II) the standoff distance for 

21 weapons; 

22 (iii) the testing and evaluation of 

23 hypersonic weapons; 

24 (iv) increased public safety for civil25 ians accessing the BLM land; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1192 

HR 4909 PCS

1 (v) other purposes relating to meeting 

2 national security needs. 

3 (b) MAP.—The Secretary may correct any minor er4 rors in the map. 

5 (c) LAND USE PLANS.—Any land use plan in exist6 ence on the date of enactment of this Act that applies to 

7 the BLM land shall continue to apply to the BLM land. 

8 (d) MAINTAIN CURRENT USES.— 

9 (1) IN GENERAL.—Notwithstanding subsection 

10 (a)(3)(D), the memorandum of agreement entered 

11 into under subsection (a) and the land use plans de12 scribed in subsection (c) shall not diminish any 

13 major or principle use that is recognized pursuant to 

14 section 103(l) of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1702(l)), except to 

16 the extent authorized in subsection (a). 

17 (2) ACTIONS BY SECRETARY OF THE AIR

18 FORCE.—The Secretary of the Air Force shall— 

19 (A) if corrective action is necessary due to 

20 an action of the Air Force, as determined by 

21 the Secretary of the Air Force, render the BLM 

22 land safe for public use; and 

23 (B) appropriately communicate the safety 

24 of the land to the Secretary once the BLM land 

25 is rendered safe for public use. 


emcdonald on DSK3SPTVN1PROD with BILLS
1193 

HR 4909 PCS

1 (e) GRAZING.— 

2 (1) NEW GRAZING LEASES AND PERMITS.— 

3 (A) IN GENERAL.—The Secretary shall 

4 issue and administer any new grazing lease or 

5 permit on the BLM land, in accordance with 

6 applicable law (including regulations) and other 

7 authorities applicable to livestock grazing on 

8 Bureau of Land Management land. 

9 (B) NON-FEDERAL LAND LEVELS.—The 

10 Secretary (acting through the Director of the 

11 Bureau of Land Management) shall continue to 

12 issue and administer livestock grazing leases 

13 and permits on the non-Federal land described 

14 in section 3022(3), subject to the requirements 

15 described in subparagraphs (A) through (C) of 

16 paragraph (2). 

17 (2) EXISTING GRAZING LEASES AND PER18 MITS.—Any livestock grazing lease or permit appli19 cable to the BLM land that is in existence on the 

20 date of enactment of this Act shall continue in ef21 fect— 

22 (A) at the number of permitted animal 

23 unit months authorized under current applica24 ble land use plans; 


emcdonald on DSK3SPTVN1PROD with BILLS
1194 

HR 4909 PCS

1 (B) if range conditions permit, at levels 

2 greater than the level of active use; and 

3 (C) subject to such reasonable increases 

4 and decreases of active use of animal unit 

5 months and other reasonable regulations, poli6 cies, and practices as the Secretary may con7 sider appropriate based on rangeland condi8 tions. 

9 (f) MEMORANDUM OF UNDERSTANDING ON EMER10 GENCY ACCESS AND RESPONSE.—Nothing in this section 

11 precludes the continuation of the memorandum of under12 standing that is between the Department of the Interior 

13 and the Department of the Air Force with respect to emer14 gency access and response, as in existence as of the date 

15 of enactment of this Act. 

16 (g) WITHDRAWAL.—Subject to valid existing rights, 

17 the BLM land is withdrawn from all forms of appropria18 tion under the public land laws, including the mining laws, 

19 the mineral leasing laws, and the geothermal leasing laws. 

20 (h) LIMITATION ON FUTURE RIGHTS-OF-WAY OR

21 USE PERMITS.—The Secretary may not issue any new use 

22 permits or rights-of-way on the BLM land for any pur23 poses that the Secretary of the Air Force determines to 

24 be incompatible with current or projected military requireVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01194 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1195 

HR 4909 PCS

1 ments, with consideration given to the rangeland improve2 ments under section 3015(h). 

3 (i) GRAZING AND RANCHING.—Efforts described in 

4 this title to facilitate grazing and ranching on the BLM 

5 land and the non-Federal land described in section 

6 3022(3) shall be considered to be compatible with mission 

7 requirements of the Utah Test and Training Range. 

8 SEC. 3012. TEMPORARY CLOSURES. 

9 (a) IN GENERAL.—If the Secretary of the Air Force 

10 determines that military operations (including operations 

11 relating to the fulfillment of the mission of the Utah Test 

12 and Training Range), public safety, or national security 

13 require the temporary closure to public use of any road, 

14 trail, or other portion of the BLM land, the Secretary of 

15 the Air Force may take such action as the Secretary of 

16 the Air Force determines necessary to carry out the tem17 porary closure. 

18 (b) LIMITATIONS.—Any temporary closure under 

19 subsection (a)— 

20 (1) shall be limited to the minimum areas and 

21 periods during which the Secretary of the Air Force 

22 determines are required to carry out a closure under 

23 this section; 


emcdonald on DSK3SPTVN1PROD with BILLS
1196 

HR 4909 PCS

1 (2) shall not occur on a State or Federal holi2 day, unless notice is provided in accordance with 

3 subsection (c)(1)(B); 

4 (3) shall not occur on a Friday, Saturday, or 

5 Sunday, unless notice is provided in accordance with 

6 subsection (c)(1)(B); and 

7 (4)(A) if practicable, shall be for not longer 

8 than a 3-hour period per day; 

9 (B) shall only be for longer than a 3-hour pe10 riod per day— 

11 (i) for mission essential reasons; and 

12 (ii) as infrequently as practicable and in no 

13 case for more than 10 days per year; and 

14 (C) shall in no case be for longer than a 6-hour 

15 period per day. 

16 (c) NOTICE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary of the Air Force shall— 

19 (A) keep appropriate warning notices post20 ed before and during any temporary closure; 

21 and 

22 (B) provide notice to the Secretary, public, 

23 and relevant stakeholders concerning the tem24 porary closure— 


emcdonald on DSK3SPTVN1PROD with BILLS
1197 

HR 4909 PCS

1 (i) at least 30 days before the date on 

2 which the temporary closure goes into ef3 fect; 

4 (ii) in the case of a closure during the 

5 period beginning on March 1 and ending 

6 on May 31, at least 60 days before the 

7 date on which the closure goes into effect; 

8 or 

9 (iii) in the case of a closure described 

10 in paragraph (3) or (4) of subsection (b), 

11 at least 90 days before the date on which 

12 the closure goes into effect. 

13 (2) SPECIAL NOTIFICATION PROCEDURES.—In 

14 each case for which a mission-unique security re15 quirement does not allow for the notifications de16 scribed in paragraph (1)(B), the Secretary of the Air 

17 Force shall work with the Secretary to achieve a mu18 tually agreeable timeline for notification. 

19 (d) MAXIMUM ANNUAL CLOSURES.—The total cumu20 lative hours of temporary closures authorized under this 

21 section with respect to the BLM land shall not exceed 100 

22 hours annually. 

23 (e) PROHIBITION ON CERTAIN TEMPORARY CLO24 SURES.—The northernmost area identified as ‘‘Newfound25 land’s’’ on the map shall not be subject to any temporary 


emcdonald on DSK3SPTVN1PROD with BILLS
1198 

HR 4909 PCS

1 closure between August 21 and February 28, in accord2 ance with the lawful hunting methods and seasons of the 

3 State of Utah. 

4 (f) EMERGENCY GROUND RESPONSE.—A temporary 

5 closure of a portion of the BLM land shall not affect the 

6 conduct of emergency response activities on the BLM land 

7 during the temporary closure. 

8 (g) LAW ENFORCEMENT AND SECURITY.—The Sec9 retary and the Secretary of the Air Force may enter into 

10 cooperative agreements with State and local law enforce11 ment officials with respect to lawful procedures and proto12 cols to be used in promoting public safety and operation 

13 security on or near the BLM land during noticed test and 

14 training periods. 

15 (h) LIVESTOCK.—Livestock shall be allowed to re16 main on the BLM land during a temporary closure of the 

17 BLM land under this section. 

18 SEC. 3013. COMMUNITY RESOURCE GROUP. 

19 (a) ESTABLISHMENT.—Not later than 60 days after 

20 the date of enactment of this Act, there shall be estab21 lished the Utah Test and Training Range Community Re22 source Group (referred to in this section as the ‘‘Commu23 nity Group’’) to provide regular and continuing input to 

24 the Secretary and the Secretary of the Air Force on matVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01198 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1199 

HR 4909 PCS

1 ters involving public access to, use of, and overall manage2 ment of the BLM land. 

3 (b) MEMBERSHIP.— 

4 (1) IN GENERAL.—The Secretary (acting 

5 through the State Bureau of Land Management Of6 fice) shall appoint members to the Community 

7 Group, including— 

8 (A) operational and land management per9 sonnel of the Air Force; 

10 (B) 1 Indian representative, to be nomi11 nated by a majority vote conducted among the 

12 Indian tribes in the vicinity of the BLM land; 

13 (C) not more than 2 county commissioners 

14 from each of Box Elder, Tooele, and Juab 

15 Counties, Utah; 

16 (D) 2 representatives of off-road and high17 way use, hunting, and other recreational 

18 groups; 

19 (E) 2 representatives of livestock grazers 

20 on any public land located within the BLM 

21 land; 

22 (F) 1 representative of the Utah Depart23 ment of Agriculture and Food; and 

24 (G) not more than 3 representatives of 

25 State or Federal offices or agencies, or private 


emcdonald on DSK3SPTVN1PROD with BILLS
1200 

HR 4909 PCS

1 groups, if the Secretary determines that such 

2 representatives would further the goals and ob3 jectives of the Community Group. 

4 (2) CHAIRPERSON.—The members described in 

5 paragraph (1) shall elect from among the members 

6 of the Community Group— 

7 (A) 1 member to serve as Chairperson of 

8 the Community Group; and 

9 (B) 1 member to serve as Vice-Chairperson 

10 of the Community Group. 

11 (c) CONDITIONS AND TERMS OF APPOINTMENT.— 

12 (1) IN GENERAL.—Each member of the Com13 munity Group shall serve voluntarily and without re14 muneration. 

15 (2) TERM OF APPOINTMENT.— 

16 (A) IN GENERAL.—Each member of the 

17 Community Group shall be appointed for a 

18 term of 4 years. 

19 (B) ORIGINAL MEMBERS.—Notwith20 standing subparagraph (A), the Chairperson 

shall select 1 21 ⁄2 of the original members of the 

22 Community Group to serve for a term of 4 

years and the 1 23 ⁄2 to serve for a term of 2 years 

24 to ensure the replacement of members shall be 

25 staggered from year to year. 


emcdonald on DSK3SPTVN1PROD with BILLS
1201 

HR 4909 PCS

1 (C) REAPPOINTMENT AND REPLACE2 MENT.—The Secretary may reappoint or re3 place a member of the Community Group ap4 pointed under subsection (b)(1), if— 

5 (i) the term of the member has ex6 pired; 

7 (ii) the member has retired; or 

8 (iii) the position held by the member 

9 described in subparagraphs (A) through 

10 (G) of paragraph (1) has changed to the 

11 extent that the ability of the member to 

12 represent the group or entity that the 

13 member represents has been significantly 

14 affected. 

15 (d) MEETINGS.— 

16 (1) IN GENERAL.—The Community Group shall 

17 meet not less than once per year, and at such other 

18 frequencies as determined by five or more of the 

19 members of the Community Group. 

20 (2) RESPONSIBILITIES OF COMMUNITY

21 GROUP.—The Community Group shall be responsible 

22 for determining appropriate schedules for, details of, 

23 and actions for meetings of the Community Group. 

24 (3) NOTICE.—The Chairperson shall provide 

25 notice to each member of the Community Group not 


emcdonald on DSK3SPTVN1PROD with BILLS
1202 

HR 4909 PCS

1 less than 10 business days before the date of a 

2 scheduled meeting. 

3 (4) EXEMPT FROM FEDERAL ADVISORY COM4 MITTEE ACT.—The Federal Advisory Committee Act 

5 (5 U.S.C. App.) shall not apply to meetings of the 

6 Community Group. 

7 (e) COORDINATION WITH RECOMMENDATIONS OF

8 COMMUNITY GROUP.—The Secretary and the Secretary of 

9 the Air Force, consistent with existing laws (including reg10 ulations), shall take under consideration recommendations 

11 from the Community Group. 

12 (f) TERMINATION OF AUTHORITY.—The Community 

13 Group shall terminate on the date that is seven years after 

14 the date of enactment of this Act, unless the Secretary 

15 and the Community Group mutually elect to terminate the 

16 Community Group before that date. 

17 (g) RENEWAL.—The Community Group may elect, by 

18 simple majority, to renew the term of the Community 

19 Group for an additional seven years, with the option to 

20 renew the term every seven years thereafter. Each renewal 

21 must occur upon or within 90 days before termination of 

22 the Community Group. 

23 SEC. 3014. LIABILITY. 

24 The United States (including all departments, agen25 cies, officers, and employees of the United States) shall 


emcdonald on DSK3SPTVN1PROD with BILLS
1203 

HR 4909 PCS

1 be held harmless and shall not be liable for any injury 

2 or damage to any individual or property suffered in the 

3 course of any mining, mineral, or geothermal activity, or 

4 any other authorized nondefense-related activity, con5 ducted on the BLM land. 

6 SEC. 3015. EFFECTS OF SUBTITLE. 

7 (a) EFFECT ON WEAPON IMPACT AREA.—Nothing in 

8 this subtitle expands the boundaries of the weapon impact 

9 area of the Utah Test and Training Range. 

10 (b) EFFECT ON SPECIAL USE AIRSPACE AND TRAIN11 ING ROUTES.—Nothing in this subtitle precludes— 

12 (1) the designation of new units of special use 

13 airspace; or 

14 (2) the expansion of existing units of special 

15 use airspace. 

16 (c) EFFECT ON EXISTING RIGHTS AND AGREE17 MENTS.— 

18 (1) KNOLLS SPECIAL RECREATION MANAGE19 MENT AREA; BLM COMMUNITY PITS CENTRAL

20 GRAYBACK AND SOUTH GRAYBACK.—Except as pro21 vided in section 3012, nothing in this subtitle limits 

22 or alters any existing right or right of access to— 

23 (A) the Knolls Special Recreation Manage24 ment Area; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1204 

HR 4909 PCS

1 (B)(i) the Bureau of Land Management 

2 Community Pits Central Grayback and South 

3 Grayback; and 

4 (ii) any other county or community pit lo5 cated within close proximity to the BLM land. 

6 (2) NATIONAL HISTORIC TRAILS AND OTHER

7 HISTORICAL LANDMARKS.—Except as provided in 

8 section 3012, nothing in this subtitle limits or alters 

9 any existing right or right of access to a component 

10 of the National Trails System or other Federal or 

11 State historic landmarks within the BLM land, in12 cluding the California National Historic Trail, the 

13 Pony Express National Historic Trail, or the GAPA 

14 Launch Site and Blockhouse. 

15 (3) CLOSURE OF INTERSTATE 80.—Nothing in 

16 this subtitle authorizes any additional authority or 

17 right to the Secretary or the Secretary of the Air 

18 Force to temporarily close Interstate 80. 

19 (4) EFFECT ON LIMITATION ON AMENDMENTS

20 TO CERTAIN INDIVIDUAL RESOURCE MANAGEMENT

21 PLANS.—Nothing in this subtitle affects the limita22 tion established under section 2815(d) of the Na23 tional Defense Authorization Act for Fiscal Year 

24 2000 (Public Law 106–65; 113 Stat. 852). 


emcdonald on DSK3SPTVN1PROD with BILLS
1205 

HR 4909 PCS

1 (5) EFFECT ON MEMORANDUM OF UNDER2 STANDING.—Nothing in this subtitle affects the 

3 memorandum of understanding entered into by the 

4 Air Force, the Bureau of Land Management, the 

5 Utah Department of Natural Resources, and the 

6 Utah Division of Wildlife Resources relating to the 

7 reestablishment of bighorn sheep in the Newfound8 land Mountains and signed by the parties to the 

9 memorandum of understanding during the period 

10 beginning on January 24, 2000, and ending on Feb11 ruary 4, 2000. 

12 (6) EFFECT ON EXISTING MILITARY SPECIAL

13 USE AIRSPACE AGREEMENT.—Nothing in this sub14 title limits or alters the Military Operating Areas of 

15 Airspace Use Agreement between the Federal Avia16 tion Administration and the Air Force in effect on 

17 the date of enactment of this Act. 

18 (d) EFFECT ON WATER RIGHTS.— 

19 (1) NO RESERVATION CREATED.—Nothing in 

20 this subtitle— 

21 (A) establishes any reservation in favor of 

22 the United States with respect to any water or 

23 water right on the BLM land; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1206 

HR 4909 PCS

1 (B) authorizes any appropriation of water 

2 on the BLM land, except in accordance with 

3 applicable State law. 

4 (2) PREVIOUSLY ACQUIRED AND RESERVED

5 WATER RIGHTS.—Nothing in this subtitle affects— 

6 (A) any water right acquired or reserved 

7 by the United States before the date of enact8 ment of this Act; or 

9 (B) the authority of the Secretary or the 

10 Secretary of the Air Force, as applicable, to ex11 ercise any water right described in subpara12 graph (A). 

13 (3) NO EFFECT ON MCCARRAN AMENDMENT.— 

14 Nothing in this subtitle diminishes, enhances, or 

15 otherwise affects in any way the rights, duties, and 

16 obligations of the United States, the State of Utah, 

17 the counties in which the BLM land is situated, and 

18 the residents and stakeholders in those counties 

19 under section 208 of the Act of July 10, 1952 (com20 monly known as the ‘‘McCarran Amendment’’) (43 

21 U.S.C. 666). 

22 (e) EFFECT ON FEDERALLY RECOGNIZED INDIAN

23 TRIBES.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1207 

HR 4909 PCS

1 (1) IN GENERAL.—Nothing in this subtitle al2 ters any right reserved by treaty or Federal law for 

3 a federally recognized Indian tribe for tribal use. 

4 (2) CONSULTATION.—The Secretary of the Air 

5 Force shall consult with any federally recognized In6 dian tribe in the vicinity of the BLM land before 

7 taking any action that will affect any tribal right or 

8 cultural resource protected by treaty or Federal law. 

9 (f) EFFECT ON PAYMENTS IN LIEU OF TAXES.— 

10 (1) ELIGIBILITY OF BLM LAND AND NON-FED11 ERAL LAND.—The BLM land and the non-Federal 

12 land described in section 3022(3) shall remain eligi13 ble as entitlement land under section 6901 of title 

14 31, United States Code. 

15 (2) NO PREJUDICE TO COUNTY PAYMENT IN

16 LIEU OF TAXES RIGHTS.—Nothing in this subtitle 

17 diminishes, enhances, or otherwise affects any other 

18 right or entitlement of the counties in which the 

19 BLM land is situated to payments in lieu of taxes 

20 based on the BLM land, under section 6901 of title 

21 31, United States Code. 

22 (g) WILDLIFE GUZZLERS.— 

23 (1) IN GENERAL.—The Bureau of Land Man24 agement and the Utah Division of Wildlife Re25 sources shall continue the management of wildlife 


emcdonald on DSK3SPTVN1PROD with BILLS
1208 

HR 4909 PCS

1 guzzlers in existence as of the date of enactment of 

2 this Act on the BLM land. 

3 (2) NEW GUZZLERS.—Nothing in this subtitle 

4 prevents the Bureau of Land Management and the 

5 Utah Division of Wildlife Resources from entering 

6 into agreements for new wildlife guzzlers. 

7 (3) ACQUIRED GUZZLERS.—The Secretary shall 

8 continue to manage existing wildlife guzzlers or wild9 life improvements on the non-Federal land conveyed 

10 to the Secretary under section 3023(a) that were in 

11 existence on the day before the date of the convey12 ance. 

13 (h) RANGELAND IMPROVEMENTS.—The Secretary 

14 shall continue to manage, in a manner that promotes and 

15 facilitates grazing— 

16 (1) rangeland improvements on the BLM land 

17 that are in existence on the date of enactment of 

18 this Act; and 

19 (2) rangeland improvements on the non-Federal 

20 land conveyed to the Secretary under section 

21 3023(a) that were in existence on the day before the 

22 date of the conveyance. 

23 (i) NEW RANGELAND IMPROVEMENTS.—Nothing in 

24 this subtitle prevents the Bureau of Land Management, 

25 the Utah Department of Agriculture or other State entity, 


emcdonald on DSK3SPTVN1PROD with BILLS
1209 

HR 4909 PCS

1 or a Federal land permittee from entering into agreements 

2 for new rangeland improvements that promote and facili3 tate grazing. 

4 (j) SCHOOL AND INSTITUTIONAL TRUST LANDS AD5 MINISTRATION.—The Bureau of Land Management shall 

6 maintain rangeland grazing improvements in existence as 

7 of the date of enactment of this Act on acquired land of 

8 the School and Institutional Trust Lands Administration. 

9 Subtitle B—Land Exchange 

10 SEC. 3021. FINDINGS AND PURPOSE. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) the State owns approximately 68,057 acres 

13 of land and approximately 10,280 acres of mineral 

14 interests located within the Utah Test and Training 

15 Range in Box Elder, Tooele, and Juab Counties, 

16 Utah; 

17 (2) the State owns approximately 2,353 acres 

18 of land and approximately 3,560 acres of mineral in19 terests located wholly or partially within the Cedar 

20 Mountains Wilderness in Tooele County, Utah; 

21 (3) the parcels of State land described in para22 graphs (1) and (2)— 

23 (A) were granted by Congress to the State 

24 pursuant to the Act of July 16, 1894 (28 Stat. 

25 107, chapter 138), to be held in trust for the 


emcdonald on DSK3SPTVN1PROD with BILLS
1210 

HR 4909 PCS

1 benefit of the public school system and other 

2 public institutions of the State; and 

3 (B) are largely scattered in checkerboard 

4 fashion among Federal land; 

5 (4) continued State ownership and development 

6 of State trust land within the Utah Test and Train7 ing Range and the Cedar Mountains Wilderness is 

8 incompatible with— 

9 (A) the critical national defense uses of the 

10 Utah Test and Training Range; and 

11 (B) the Federal management of the Cedar 

12 Mountains Wilderness; and 

13 (5) it is in the public interest of the United 

14 States to acquire in a timely manner all State trust 

15 land within the Utah Test and Training Range and 

16 the Cedar Mountains Wilderness, in exchange for 

17 the conveyance of the Federal land to the State, in 

18 accordance with the terms and conditions described 

19 in this subtitle. 

20 (b) PURPOSE.—It is the purpose of this subtitle to 

21 direct, facilitate, and expedite the exchange of certain 

22 Federal land and non-Federal land between the United 

23 States and the State. 

24 SEC. 3022. DEFINITIONS. 

25 In this subtitle: 


emcdonald on DSK3SPTVN1PROD with BILLS
1211 

HR 4909 PCS

1 (1) EXCHANGE MAP.—The term ‘‘Exchange 

2 Map’’ means the map prepared by the Bureau of 

3 Land Management entitled ‘‘Utah Test and Train4 ing Range Enhancement/West Desert Land Ex5 change’’ and dated February 12, 2016. 

6 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

7 means the Bureau of Land Management land lo8 cated in Box Elder, Millard, Juab, Tooele, and Bea9 ver Counties, Utah, that is identified on the Ex10 change Map as ‘‘BLM Lands Proposed for Transfer 

11 to State Trust Lands’’. 

12 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed13 eral land’’ means the land owned by the State in 

14 Box Elder, Tooele, and Juab Counties, Utah, that is 

15 identified on the Exchange Map as— 

16 (A) ‘‘State Trust Land Proposed for 

17 Transfer to BLM’’; and 

18 (B) ‘‘State Trust Minerals Proposed for 

19 Transfer to BLM’’. 

20 (4) STATE.—The term ‘‘State’’ means the State 

21 of Utah, acting through the School and Institutional 

22 Trust Lands Administration. 


emcdonald on DSK3SPTVN1PROD with BILLS
1212 

HR 4909 PCS

1 SEC. 3023. EXCHANGE OF FEDERAL LAND AND NON-FED2 ERAL LAND. 

3 (a) IN GENERAL.—If the State offers to convey to 

4 the United States title to the non-Federal land, the Sec5 retary shall— 

6 (1) accept the offer; and 

7 (2) on receipt of all right, title, and interest in 

8 and to the non-Federal land, convey to the State (or 

9 a designee) all right, title, and interest of the United 

10 States in and to the Federal land. 

11 (b) VALID EXISTING RIGHTS.—The exchange author12 ized under subsection (a) shall be subject to valid existing 

13 rights. 

14 (c) TITLE APPROVAL.—Title to the Federal land and 

15 non-Federal land to be exchanged under this section shall 

16 be in a format acceptable to the Secretary and the State. 

17 (d) APPRAISALS.— 

18 (1) IN GENERAL.—The value of the Federal 

19 land and the non-Federal land to be exchanged 

20 under this section shall be determined by appraisals 

21 conducted by one or more independent appraisers re22 tained by the State, with the consent of the Sec23 retary. 

24 (2) APPLICABLE LAW.—The appraisals under 

25 paragraph (1) shall be conducted in accordance with 

26 nationally recognized appraisal standards, including, 


emcdonald on DSK3SPTVN1PROD with BILLS
1213 

HR 4909 PCS

1 as appropriate, the Uniform Appraisal Standards for 

2 Federal Land Acquisitions. 

3 (3) MINERAL LAND.— 

4 (A) MINERAL REPORTS.—The appraisals 

5 under paragraph (1) shall take into account 

6 mineral and technical reports provided by the 

7 Secretary and the State in the evaluation of 

8 mineral deposits in the Federal land and non9 Federal land. 

10 (B) MINING CLAIMS.—An appraisal of any 

11 parcel of Federal land that is encumbered by a 

12 mining or millsite claim located under sections 

13 2318 through 2352 of the Revised Statutes 

14 (commonly known as the ‘‘Mining Law of 

15 1872’’) (30 U.S.C. 21 et seq.) shall take into 

16 account the encumbrance created by the claim 

17 for purposes of determining the value of the 

18 parcel of the Federal land. 

19 (C) VALIDITY EXAMINATION.—Nothing in 

20 this subtitle requires the United States to con21 duct a mineral examination for any mining 

22 claim on the Federal land. 

23 (4) APPROVAL.—The appraisals conducted 

24 under paragraph (1) shall be submitted to the Sec25 retary and the State for approval. 


emcdonald on DSK3SPTVN1PROD with BILLS
1214 

HR 4909 PCS

1 (5) DISPUTE RESOLUTION.—If, by the date 

2 that is 90 days after the date of submission of an 

3 appraisal for review and approval under this sub4 section, the Secretary or the State do not agree to 

5 accept the findings of the appraisals with respect to 

6 one or more parcels of Federal land or non-Federal 

7 land, the dispute shall be resolved in accordance 

8 with section 206(d)(2) of the Federal Land Policy 

9 and Management Act of 1976 (43 U.S.C. 

10 1716(d)(2)). 

11 (6) DURATION.—The appraisals conducted 

12 under paragraph (1) shall remain valid until the 

13 date of the completion of the exchange authorized 

14 under this subtitle. 

15 (7) REIMBURSEMENT OF STATE COSTS.—The 

16 Secretary shall reimburse the State in an amount 

17 equal to 50 percent of the costs incurred by the 

18 State in retaining independent appraisers under 

19 paragraph (1). 

20 (e) CONVEYANCE OF TITLE.—The land exchange au21 thorized under this subtitle shall be completed by the later 

22 of— 

23 (1) the date that is 1 year after the date of 

24 final approval by the Secretary and the State of the 

25 appraisals conducted under subsection (d); and 


emcdonald on DSK3SPTVN1PROD with BILLS
1215 

HR 4909 PCS

1 (2) the date that is 1 year after the date of 

2 completion of the dispute resolution process author3 ized under subsection (d)(5). 

4 (f) PUBLIC INSPECTION AND NOTICE.— 

5 (1) PUBLIC INSPECTION.—At least 30 days be6 fore the date of conveyance of the Federal land and 

7 non-Federal land, all final appraisals and appraisal 

8 reviews for land to be exchanged under this section 

9 shall be available for public review at the office of 

10 the State Director of the Bureau of Land Manage11 ment in the State of Utah. 

12 (2) NOTICE.—The Secretary or the State, as 

13 applicable, shall publish in a newspaper of general 

14 circulation in Salt Lake County, Utah, a notice that 

15 the appraisals conducted under subsection (d) are 

16 available for public inspection. 

17 (g) EQUAL VALUE EXCHANGE.— 

18 (1) IN GENERAL.—The value of the Federal 

19 land and non-Federal land to be exchanged under 

20 this section— 

21 (A) shall be equal; or 

22 (B) shall be made equal in accordance with 

23 paragraph (2). 

24 (2) EQUALIZATION.— 

25 (A) SURPLUS OF FEDERAL LAND.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1216 

HR 4909 PCS

1 (i) IN GENERAL.—If the value of the 

2 Federal land exceeds the value of the non3 Federal land, the value of the Federal land 

4 and non-Federal land shall be equalized by 

5 the State conveying to the United States— 

6 (I) State trust land parcel 1, as 

7 described in the assessment entitled 

8 ‘‘Bureau of Land Management Envi9 ronmental Assessment UT–100–06– 

10 EA’’, numbered UTU–82090, and 

11 dated March 2008; or 

12 (II) State trust land located 

13 within any of the wilderness areas or 

14 national conservation areas in Wash15 ington County, Utah, established 

16 under subtitle O of title I of the Om17 nibus Public Land Management Act 

18 of 2009 (Public Law 111–11; 123 

19 Stat. 1075) that has an appraised 

20 value equal to the difference be21 tween— 

22 (aa) the value of the Federal 

23 land; and 

24 (bb) the value of the non25 Federal land. 


emcdonald on DSK3SPTVN1PROD with BILLS
1217 

HR 4909 PCS

1 (ii) ORDER OF CONVEYANCES.—Any 

2 non-Federal land required to be conveyed 

3 to the United States under clause (i) shall 

4 be conveyed until the value of the Federal 

5 land and non-Federal land is equalized, in 

6 the following order: 

7 (I) The State trust land parcel 

8 described in clause (i)(I). 

9 (II) State trust land parcels lo10 cated in the Red Cliffs National Con11 servation Area. 

12 (III) State trust land parcels lo13 cated in the Docs Pass Wilderness. 

14 (IV) State trust land parcels lo15 cated in the Beaver Dam Wash Na16 tional Conservation Area. 

17 (B) SURPLUS OF NON-FEDERAL LAND.—If 

18 the value of the non-Federal land exceeds the 

19 value of the Federal land, the value of the Fed20 eral land and the non-Federal land shall be 

21 equalized by the Secretary making a cash 

22 equalization payment to the State, in accord23 ance with section 206(b) of the Federal Land 

24 Policy Management (43 U.S.C. 1716(b)). 


emcdonald on DSK3SPTVN1PROD with BILLS
1218 

HR 4909 PCS

1 (h) WITHDRAWAL OF FEDERAL LAND FROM MIN2 ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex3 isting rights, the Federal land to be conveyed to the State 

4 under this section is withdrawn from mineral location, 

5 entry, and patent under the mining laws pending convey6 ance of the Federal land to the State. 

7 SEC. 3024. STATUS AND MANAGEMENT OF NON-FEDERAL 

8 LAND AFTER EXCHANGE. 

9 (a) NON-FEDERAL LAND WITHIN UTAH TEST AND

10 TRAINING RANGE.—On conveyance to the United States 

11 under this subtitle, the non-Federal land located within 

12 the Utah Test and Training Range shall be managed in 

13 accordance with the memorandum of agreement entered 

14 into under section 3011(a). 

15 (b) NON-FEDERAL LAND WITHIN CEDAR MOUN16 TAINS WILDERNESS.—On conveyance to the United 

17 States under this subtitle, the non-Federal land located 

18 within the Cedar Mountains Wilderness shall, in accord19 ance with section 206(c) of the Federal Land Policy Act 

20 of 1976 (43 U.S.C. 1716(c)), be added to, and adminis21 tered as part of, the Cedar Mountains Wilderness. 

22 SEC. 3025. HAZARDOUS MATERIALS. 

23 (a) COSTS.—Except as provided in subsection (b), the 

24 costs of remedial actions relating to hazardous materials 


emcdonald on DSK3SPTVN1PROD with BILLS
1219 

HR 4909 PCS

1 on land acquired under this subtitle shall be paid by those 

2 entities responsible for the costs under applicable law. 

3 (b) REMEDIATION OF PRIOR TESTING AND TRAINING

4 ACTIVITY.—The Department of Defense shall bear all 

5 costs of evaluation, management, and remediation caused 

6 by the previous testing of military weapons systems and 

7 the training of military forces on non-Federal land to be 

8 conveyed to the United States under this subtitle. 

9 Subtitle C—Highway Rights-of-way 

10 SEC. 3031. RECOGNITION AND TRANSFER OF CERTAIN 

11 HIGHWAY RIGHTS-OF-WAY. 

12 (a) DEFINITIONS.—In this section: 

13 (1) HIGHWAY RIGHT-OF-WAY.—The term 

14 ‘‘highway right-of-way’’ means a right-of-way across 

15 Federal land for all county roads in the Counties of 

16 Box Elder, Tooele, and Juab, in the State of Utah, 

17 according to official transportation map and center18 line descriptions of each county in existence as of 

19 March 1, 2015. 

20 (2) MAP.—The term ‘‘official transportation 

21 map and centerline description’’ means— 

22 (A) the map entitled ‘‘Official Transpor23 tation Map of Box Elder County, Utah’’ and 

24 dated March 1, 2015, and accompanying cen25 terline description of each road on file with the 


emcdonald on DSK3SPTVN1PROD with BILLS
1220 

HR 4909 PCS

1 Clerk of Box Elder County as of March 1, 

2 2015; 

3 (B) the map entitled ‘‘Official Transpor4 tation Map of Tooele County’’ and dated March 

5 1, 2015, and accompanying centerline descrip6 tion of each road on file with the Clerk of 

7 Tooele County as of March 1, 2015; and 

8 (C) the map entitled ‘‘Official Transpor9 tation Map of Juab County’’ and dated March 

10 1, 2015, and accompanying centerline descrip11 tion of each road on file with the Clerk of Juab 

12 County as of March 1, 2015. 

13 (3) SECRETARY.—The term ‘‘Secretary’’ 

14 means— 

15 (A) the Secretary of Agriculture, with re16 spect to land administered by the Chief of the 

17 Forest Service; or 

18 (B) the Secretary of the Interior, with re19 spect to land administered by the Director of 

20 the Bureau of Land Management. 

21 (b) RECOGNITION OF EXISTENCE AND VALIDITY OF

22 RIGHTS-OF-WAY.—Congress recognizes the existence and 

23 validity of each of the highway rights-of-way identified on 

24 the official transportation maps and centerline descrip25 tions. 


emcdonald on DSK3SPTVN1PROD with BILLS
1221 

HR 4909 PCS

1 (c) CONVEYANCE OF AN EASEMENT ACROSS FED2 ERAL LAND.— 

3 (1) BOX ELDER COUNTY, UTAH.—The Sec4 retary shall convey, without consideration, to Box 

5 Elder County, Utah, and the State of Utah as joint 

6 tenants with undivided interests, easements for mo7 torized travel rights-of-way across Federal land for 

8 all highways shown and described in the official 

9 transportation map and centerline description of the 

10 county described in subsection (a)(2)(A). 

11 (2) JUAB COUNTY, UTAH.—The Secretary shall 

12 convey, without consideration, to Juab County, 

13 Utah, and the State of Utah as joint tenants with 

14 undivided interests, easements for motorized travel 

15 rights-of-way across Federal land for all highways 

16 shown and described in the official transportation 

17 map and centerline description of the county de18 scribed in subsection (a)(2)(B). 

19 (3) TOOELE COUNTY, UTAH.—The Secretary 

20 shall convey, without consideration, to Tooele Coun21 ty, Utah, and the State of Utah as joint tenants 

22 with undivided interests, easements for motorized 

23 travel rights-of-way across Federal land for all high24 ways shown and described in the official transporVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01221 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1222 

HR 4909 PCS

1 tation map and centerline description of the county 

2 described in subsection (a)(2)(C). 

3 (d) DESCRIPTION OF FEDERAL LAND SUBJECT TO

4 EASEMENT.— 

5 (1) IN GENERAL.—All easements under sub6 section (c) shall include— 

7 (A) the current disturbed width of each 

8 subject highway as shown and described in the 

9 official transportation maps and centerline de10 scriptions; and 

11 (B) any additional acreage on either side 

12 of the disturbed width that the respective coun13 ty transportation department determines is nec14 essary for the efficient maintenance, repair, 

15 signage, administration, and use of the Federal 

16 land subject to the easement. 

17 (2) DESCRIPTION.— 

18 (A) IN GENERAL.—The exact acreage and 

19 legal description of the Federal land subject to 

20 the easements conveyed under subsection (c) 

21 shall be— 

22 (i) as described in the centerline de23 scriptions; 

24 (ii) as referenced in the official trans25 portation maps; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1223 

HR 4909 PCS

1 (iii) as described and referenced ac2 cording to the disturbed width of each 

3 highway as of the date of conveyance for 

4 travel purposes, plus any reasonable addi5 tional width as may be necessary for sur6 face maintenance, repairs, and turnaround 

7 purposes. 

8 (B) SURVEY NOT REQUIRED.—Notwith9 standing any other provision of law, the convey10 ance of easements under subsection (c) shall be 

11 effective without a survey of the exact acreage 

12 and local description of the Federal land subject 

13 to the easements. 

14 (e) RETENTION OF MAPS AND CENTERLINE DE15 SCRIPTIONS.—The maps and centerline descriptions re16 ferred to in clauses (i) and (ii) of subsection (d)(2)(A) 

17 shall be on file in the appropriate office of the Secretary. 

18 (f) EXCLUSION OF CERTAIN CLASS D ROADS FROM

19 ROAD EASEMENT CONVEYANCES.—Notwithstanding the 

20 highway rights-of-way identified on the official transpor21 tation maps and centerline descriptions, this section does 

22 not apply to any class D road located within the bound23 aries of— 

24 (1) Cedar Mountain Wilderness Area des25 ignated by section 384(a) of the National Defense 


emcdonald on DSK3SPTVN1PROD with BILLS
1224 

HR 4909 PCS

1 Authorization Act for Fiscal Year 2006 (Public Law 

2 109–163; 119 Stat. 3217; 16 U.S.C. 1132 note); or 

3 (2) any wilderness study area within Box Elder 

4 County, Tooele County, or Juab County, Utah, des5 ignated in law or by administrative action. 

6 DIVISION C—DEPARTMENT OF 

7 ENERGY NATIONAL SECURITY 

8 AUTHORIZATIONS AND 

9 OTHER AUTHORIZATIONS 

10 TITLE XXXI—DEPARTMENT OF 

11 ENERGY NATIONAL SECURITY 

12 PROGRAMS 

13 Subtitle A—National Security 

14 Programs Authorizations 

15 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA16 TION. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated to the Depart19 ment of Energy for fiscal year 2017 for the activities of 

20 the National Nuclear Security Administration in carrying 

21 out programs as specified in the funding table in section 

22 4701. 

23 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

24 From funds referred to in subsection (a) that are available 

25 for carrying out plant projects, the Secretary of Energy 


emcdonald on DSK3SPTVN1PROD with BILLS
1225 

HR 4909 PCS

1 may carry out new plant projects for the National Nuclear 

2 Security Administration as follows: 

3 Project 17–D–630, Expand Electrical Distribu4 tion System, Lawrence Livermore National Labora5 tory, Livermore, California, $25,000,000. 

6 Project 17–D–640, U1a Complex Enhance7 ments Project, Nevada National Security Site, Mer8 cury, Nevada, $11,500,000. 

9 Project 17–D–911, BL Fire System Upgrade, 

10 Bettis Atomic Power Laboratory, West Mifflin, 

11 Pennsylvania, $1,400,000. 

12 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated to the Depart15 ment of Energy for fiscal year 2017 for defense environ16 mental cleanup activities in carrying out programs as 

17 specified in the funding table in section 4701. 

18 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

19 From funds referred to in subsection (a) that are available 

20 for carrying out plant projects, the Secretary of Energy 

21 may carry out, for defense environmental cleanup activi22 ties, the following new plant project: 

23 Project 17–D–401, Saltstone Disposal Unit #7, 

24 Savannah River Site, Aiken, South Carolina, 

25 $9,729,000. 


emcdonald on DSK3SPTVN1PROD with BILLS
1226 

HR 4909 PCS

1 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

2 Funds are hereby authorized to be appropriated to 

3 the Department of Energy for fiscal year 2017 for other 

4 defense activities in carrying out programs as specified in 

5 the funding table in section 4701. 

6 SEC. 3104. NUCLEAR ENERGY. 

7 Funds are hereby authorized to be appropriated to 

8 the Department of Energy for fiscal year 2017 for nuclear 

9 energy as specified in the funding table in section 4701. 

10 Subtitle B—Program Authoriza11 tions, Restrictions, and Limita12 tions 

13 SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS 

14 OF CAPITAL ASSETS ACQUISITION PROJECTS. 

15 (a) IN GENERAL.—The Atomic Energy Defense Act 

16 (50 U.S.C. 2501 et seq.) is amended by inserting after 

17 section 4732 the following new section: 

18 ‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT RE19 VIEWS OF CAPITAL ASSETS ACQUISITION 

20 PROJECTS. 

21 ‘‘(a) REVIEWS.—The appropriate head shall ensure 

22 that an independent entity conducts reviews of each cap23 ital assets acquisition project as the project moves toward 

24 the approval of each of critical decision 0, critical decision 

25 1, and critical decision 2 in the acquisition process. 


emcdonald on DSK3SPTVN1PROD with BILLS
1227 

HR 4909 PCS

1 ‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addi2 tion to any other matters, with respect to each review of 

3 a capital assets acquisition project under subsection (a) 

4 that has not reached critical decision 1 approval in the 

5 acquisition process, such review shall include— 

6 ‘‘(1) a review using best practices of the anal7 ysis of alternatives for the project; and 

8 ‘‘(2) identification of any deficiencies in such 

9 analysis of alternatives for the appropriate head to 

10 address. 

11 ‘‘(c) INDEPENDENT ENTITIES.—The appropriate 

12 head shall ensure that each review of a capital assets ac13 quisition project under subsection (a) is conducted by an 

14 independent entity with the appropriate expertise with re15 spect to the project and the stage in the acquisition proc16 ess of the project. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘acquisition process’ means the 

19 acquisition process for a project, as defined in De20 partment of Energy Order 413.3B (relating to 

21 project management and project management for 

22 the acquisition of capital assets), or a successor 

23 order. 

24 ‘‘(2) The term ‘appropriate head’ means— 


emcdonald on DSK3SPTVN1PROD with BILLS
1228 

HR 4909 PCS

1 ‘‘(A) the Administrator, with respect to 

2 capital assets acquisition projects of the Admin3 istration; and 

4 ‘‘(B) the Assistant Secretary of Energy for 

5 Environmental Management, with respect to 

6 capital assets acquisition projects of the Office 

7 of Environmental Management. 

8 ‘‘(3) The term ‘capital assets acquisition 

9 project’ means a project that— 

10 ‘‘(A) the total project cost of which is more 

11 than $500,000,000; and 

12 ‘‘(B) is covered by Department of Energy 

13 Order 413.3, or a successor order, for the ac14 quisition of capital assets for atomic energy de15 fense activities.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 for such Act is amended by inserting after the item relat18 ing to section 4732 the following new item: 

‘‘Sec. 4733. Independent acquisition project reviews of capital assets acquisition 

projects.’’. 

19 SEC. 3112. RESEARCH AND DEVELOPMENT OF ADVANCED 

20 NAVAL NUCLEAR FUEL SYSTEM BASED ON 

21 LOW-ENRICHED URANIUM. 

22 (a) PROHIBITION.—Except as provided in subsection 

23 (b), none of the funds authorized to be appropriated by 

24 this Act or otherwise made available for fiscal year 2017 


emcdonald on DSK3SPTVN1PROD with BILLS
1229 

HR 4909 PCS

1 for the Department of Energy may be obligated or ex2 pended to plan or carry out research and development of 

3 an advanced naval nuclear fuel system based on low-en4 riched uranium. 

5 (b) EXCEPTION.—Of the funds authorized to be ap6 propriated by this Act or otherwise made available for fis7 cal year 2017 for defense nuclear nonproliferation, as 

8 specified in the funding table in division D, not more than 

9 $5,000,000 shall be made available to the Deputy Admin10 istrator for Naval Reactors for initial planning and early 

11 research and development of an advanced naval nuclear 

12 fuel system based on low-enriched uranium. 

13 (c) BUDGET MATTERS.—Section 3118 of the Na14 tional Defense Authorization Act for Fiscal Year 2016 

15 (Public Law 114–92; 129 Stat. 1196) is amended— 

16 (1) by striking paragraph (2) of subsection (c) 

17 and inserting the following new paragraph: 

18 ‘‘(2) BUDGET REQUESTS.—If the Secretaries 

19 determine under paragraph (1) that research and 

20 development of an advanced naval nuclear fuel sys21 tem based on low-enriched uranium should continue, 

22 the Secretaries shall ensure that each budget of the 

23 President submitted to Congress under section 

24 1105(a) of title 31, United States Code, for fiscal 

25 year 2018 and each fiscal year thereafter in which 


emcdonald on DSK3SPTVN1PROD with BILLS
1230 

HR 4909 PCS

1 such research and development is carried out in2 cludes in the budget line item for the ‘Defense Nu3 clear Nonproliferation’ account amounts necessary 

4 to carry out the conceptual plan under subsection 

5 (b).’’; and 

6 (2) in subsection (d), by striking ‘‘for material 

7 management and minimization’’. 

8 SEC. 3113. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 

9 (a) IN GENERAL.—Except as provided by subsection 

10 (c), using funds described in subsection (b), the Secretary 

11 of Energy shall carry out construction and project support 

12 activities relating to the MOX facility. 

13 (b) FUNDS DESCRIBED.—The funds described in this 

14 subsection are the following: 

15 (1) Funds authorized to be appropriated by this 

16 Act or otherwise made available for fiscal year 2017 

17 for the National Nuclear Security Administration for 

18 the MOX facility for construction and project sup19 port activities. 

20 (2) Funds authorized to be appropriated for a 

21 fiscal year prior to fiscal year 2017 for the National 

22 Nuclear Security Administration for the MOX facil23 ity for construction and project support activities 

24 that are unobligated as of the date of the enactment 

25 of this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
1231 

HR 4909 PCS

1 (c) WAIVER.—The Secretary may waive the require2 ment in subsection (a) to carry out construction and 

3 project support activities relating to the MOX facility if— 

4 (1) the Secretary submits to the congressional 

5 defense committees— 

6 (A) an updated performance baseline for 

7 construction and project support activities relat8 ing to the MOX facility as required by section 

9 3119(b) of the National Defense Authorization 

10 Act for Fiscal Year 2016 (Public Law 114–92; 

11 129 Stat. 1197); 

12 (B) notification that the Secretary has 

13 sought to enter into consultations with any rel14 evant State or government of a foreign country 

15 necessary to pursue an alternative option for 

16 carrying out the plutonium disposition program, 

17 including a comprehensive description of the 

18 status of such consultations and a detailed plan 

19 and schedule for concluding such consultations; 

20 (C) the commitment of the Secretary to re21 move plutonium from South Carolina and en22 sure a sustainable future for the Savannah 

23 River Site; and 

24 (D) either— 


emcdonald on DSK3SPTVN1PROD with BILLS
1232 

HR 4909 PCS

1 (i) notification that the prime con2 tractor of the MOX facility has not sub3 mitted a proposal, during the three-month 

4 period following the date on which the Sec5 retary requests such a proposal, for a 

6 fixed-price contract for completing con7 struction and project support activities for 

8 the MOX facility; or 

9 (ii) certification that such proposal is 

10 materially deficient or non-responsive, or 

11 that an alternative option for carrying out 

12 the plutonium disposition program exists 

13 and the total lifecycle cost of such alter14 native option would be less than approxi15 mately half of the estimated remaining 

16 total lifecycle cost of the mixed-oxide fuel 

17 program; and 

18 (2) a period of 15 days has elapsed following 

19 the date of such submission. 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘MOX facility’’ means the mixed22 oxide fuel fabrication facility at the Savannah River 

23 Site, Aiken, South Carolina. 

24 (2) The term ‘‘project support activities’’ means 

25 activities that support the design, long-lead equipVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01232 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1233 

HR 4909 PCS

1 ment procurement, and site preparation of the MOX 

2 facility. 

3 SEC. 3114. DESIGN BASIS THREAT. 

4 (a) UPDATE TO ORDER.—Not later than August 31, 

5 2016, the Secretary of Energy shall update Department 

6 of Energy Order 470.3B relating to the design basis 

7 threat for protecting nuclear weapons, special nuclear ma8 terial, and other critical assets in the custody of the De9 partment of Energy. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) the intelligence community (as defined in 

13 section 3(4) of the National Security Act of 1947 

14 (50 U.S.C. 3003(4)) should promulgate regular, bi15 annual updates to the Nuclear Security Threat Ca16 pabilities Assessment to better inform nuclear secu17 rity postures within the Department of Defense and 

18 the Department of Energy; 

19 (2) the Department of Defense and the Depart20 ment of Energy should closely, and in real-time, 

21 track and assess national, regional, and local threats 

22 to the defense nuclear facilities of the respective De23 partments; and 

24 (3) the Department of Defense and the Depart25 ment of Energy should regularly review assessments 


emcdonald on DSK3SPTVN1PROD with BILLS
1234 

HR 4909 PCS

1 and other input provided by activities described in 

2 paragraphs (1) and (2) and adjust security postures 

3 accordingly. 

4 SEC. 3115. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

5 PROVISION OF CERTAIN ASSISTANCE TO RUS6 SIAN FEDERATION. 

7 (a) PROHIBITION.— 

8 (1) IN GENERAL.—None of the funds described 

9 in paragraph (2) may be obligated or expended to 

10 enter into a contract with, or otherwise provide as11 sistance to, the Russian Federation. 

12 (2) FUNDS DESCRIBED.—The funds described 

13 in this paragraph are the following: 

14 (A) Funds authorized to be appropriated 

15 by this Act or otherwise made available for fis16 cal year 2017 for atomic energy defense activi17 ties. 

18 (B) Funds authorized to be appropriated 

19 or otherwise made available for a fiscal year 

20 prior to fiscal year 2017 for atomic energy de21 fense activities that are unobligated as of the 

22 date of the enactment of this Act. 

23 (b) WAIVER.—The Secretary of Energy, without dele24 gation, may waive the prohibition in subsection (a)(1) 

25 only— 


emcdonald on DSK3SPTVN1PROD with BILLS
1235 

HR 4909 PCS

1 (1) to meet requirements the Secretary deter2 mines to be new and emergency in nature; and 

3 (2) if— 

4 (A) the Secretary submits to the appro5 priate congressional committees a report con6 taining— 

7 (i) a notification that such a waiver is 

8 in the national security interest of the 

9 United States; 

10 (ii) justification for such a waiver, in11 cluding an explanation of how meets the 

12 requirements under paragraph (1); and 

13 (iii) a certification that there is no 

14 backlog of deferred maintenance with re15 spect to physical security equipment and 

16 related infrastructure at each Department 

17 of Energy defense nuclear facility; and 

18 (B) a period of 15 days elapses following 

19 the date on which the Secretary submits such 

20 report. 

21 (c) DEFINITIONS.—In this section: 

22 (1) The term ‘‘appropriate congressional com23 mittees’’ means the following: 

24 (A) The congressional defense committees. 


emcdonald on DSK3SPTVN1PROD with BILLS
1236 

HR 4909 PCS

1 (B) The Committee on Foreign Relations 

2 of the Senate and the Committee on Foreign 

3 Affairs of the House of Representatives. 

4 (2) The term ‘‘Department of Energy defense 

5 nuclear facility’’ has the meaning given that term in 

6 section 318 of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2286g). 

8 SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR 

9 FEDERAL SALARIES AND EXPENSES. 

10 Of the funds authorized to be appropriated by this 

11 Act or otherwise made available for fiscal year 2017 for 

12 the National Nuclear Security Administration for defense13 related Federal salaries and expenses, not more than 90 

14 percent may be obligated or expended until the date on 

15 which the Secretary of Energy submits to the congres16 sional defense committees and the congressional intel17 ligence committees the following: 

18 (1) The updated plan on the designing and 

19 building of prototypes of nuclear weapons that is re20 quired to be developed by not later than the same 

21 time as the budget of the President for fiscal year 

22 2018 pursuant to paragraphs (2) and (3)(B) of sec23 tion 4509(a) of the Atomic Energy Defense Act (50 

24 U.S.C. 2660(a)(2)). 


emcdonald on DSK3SPTVN1PROD with BILLS
1237 

HR 4909 PCS

1 (2) A description of the determination of the 

2 Secretary under paragraph (4)(B) of such section 

3 with respect to the manner in which the designing 

4 and building of prototypes of nuclear weapons is car5 ried out under such updated plan. 

6 SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR 

7 DEFENSE ENVIRONMENTAL CLEANUP PRO8 GRAM DIRECTION. 

9 Of the funds authorized to be appropriated by this 

10 Act or otherwise made available for fiscal year 2017 for 

11 defense environmental cleanup for program direction, not 

12 more than 90 percent may be obligated or expended until 

13 the date on which the Secretary of Energy submits to Con14 gress the future-years defense environmental cleanup plan 

15 required to be submitted during 2017 under section 

16 4402A of the Atomic Energy Defense Act (50 U.S.C. 

17 2582A). 

18 SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR 

19 ACCELERATION OF NUCLEAR WEAPONS DIS20 MANTLEMENT. 

21 (a) LIMITATION ON MAXIMUM AMOUNT FOR DIS22 MANTLEMENT.—Of the funds authorized to be appro23 priated by this Act or otherwise made available for any 

24 of fiscal years 2017 through 2021 for the National Nu25 clear Security Administration, not more than $56,000,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1238 

HR 4909 PCS

1 may be obligated or expended in each such fiscal year to 

2 carry out the nuclear weapons dismantlement and disposi3 tion activities of the Administration. 

4 (b) LIMITATION ON ACCELERATION OF DISMANTLE5 MENT ACTIVITIES.—Except as provided by subsection (d), 

6 none of the funds authorized to be appropriated by this 

7 Act or otherwise made available for any of fiscal years 

8 2017 through 2021 for the National Nuclear Security Ad9 ministration may be obligated or expended to accelerate 

10 the nuclear weapons dismantlement activities of the Ad11 ministration to a rate that exceeds the rate described in 

12 the Stockpile Stewardship and Management Plan sched13 ule. 

14 (c) LIMITATION ON DISMANTLEMENT OF CERTAIN

15 CRUISE MISSILE WARHEADS.—Except as provided by 

16 subsection (d), none of the funds authorized to be appro17 priated by this Act or otherwise made available for any 

18 of fiscal years 2017 through 2021 for the National Nu19 clear Security Administration may be obligated or ex20 pended to dismantle or dispose a W84 nuclear weapon. 

21 (d) EXCEPTION.—The limitations in subsection (b) 

22 and (c) shall not apply to the following: 

23 (1) The dismantlement of a nuclear weapon not 

24 covered by the Stockpile Stewardship and Manage25 ment Plan schedule if the Administrator for Nuclear 


emcdonald on DSK3SPTVN1PROD with BILLS
1239 

HR 4909 PCS

1 Security certifies, in writing, to the congressional de2 fense committees that— 

3 (A) the components of the nuclear weapon 

4 are directly required for the purposes of a cur5 rent life extension program; or 

6 (B) such dismantlement is necessary to 

7 conduct maintenance or surveillance of the nu8 clear weapons stockpile or to ensure the safety 

9 or reliability of the nuclear weapons stockpile. 

10 (2) The dismantlement of a nuclear weapon if 

11 the President certifies, in writing, to the congres12 sional defense committees that— 

13 (A) such dismantlement is being carried 

14 out pursuant to a nuclear arms reduction treaty 

15 or similar international agreement that requires 

16 such dismantlement; and 

17 (B) such treaty or similar international 

18 agreement— 

19 (i) has entered into force after the 

20 date of the enactment of this Act; and 

21 (ii) was approved— 

22 (I) with the advice and consent 

23 of the Senate pursuant to Article II, 

24 section 2, clause 2 of the Constitution 


emcdonald on DSK3SPTVN1PROD with BILLS
1240 

HR 4909 PCS

1 after the date of the enactment of this 

2 Act; or 

3 (II) by an Act of Congress, as 

4 described in section 303(b) of the 

5 Arms Control and Disarmament Act 

6 (22 U.S.C. 2573(b)). 

7 (e) STOCKPILE STEWARDSHIP AND MANAGEMENT

8 PLAN SCHEDULE DEFINED.—In this section, the term 

9 ‘‘Stockpile Stewardship and Management Plan schedule’’ 

10 means the schedule described in table 2–7 of the annex 

11 of the report titled ‘‘Fiscal Year 2016 Stockpile Steward12 ship and Management Plan’’ submitted in March 2015 by 

13 the Administrator for Nuclear Security to the congres14 sional defense committees under section 4203(b)(2) of the 

15 Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)). 

16 SEC. 3119. ANNUAL CERTIFICATION OF SHIPMENTS TO 

17 WASTE ISOLATION PILOT PLANT. 

18 (a) ANNUAL CERTIFICATION.—During the five-year 

19 period beginning on the date of the enactment of this Act, 

20 not later than February 1 of each year, the Secretary of 

21 Energy shall certify to the congressional defense commit22 tees the following, with respect to the year covered by the 

23 certification: 

24 (1) The covered contractors have certified to 

25 the Administrator for Nuclear Security that the covVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01240 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1241 

HR 4909 PCS

1 ered contractors are aware of the contents of each 

2 container shipped by the covered contractors to the 

3 Waste Isolation Pilot Plant, Carlsbad, New Mexico, 

4 in sufficient detail to ensure that the container is 

5 handled properly to prevent the release of radiation 

6 or contamination. 

7 (2) The Administrator is aware of the contents 

8 of each container shipped by the Administrator or 

9 covered contractors to the Waste Isolation Pilot 

10 Plant, Carlsbad, New Mexico, in such sufficient de11 tail. 

12 (3) The Assistant Secretary of Energy for En13 vironmental Management is aware of the contents of 

14 each container shipped from a clean-up site to the 

15 Waste Isolation Pilot Plant in such sufficient detail. 

16 (b) COVERED CONTRACTORS DEFINED.—In this sec17 tion, the term ‘‘covered contractors’’ means each manage18 ment and operating contractor of a national security lab19 oratory or nuclear weapons production facility (as such 

20 terms are defined in section 4002 of the Atomic Energy 

21 Defense Act (50 U.S.C. 2501) that ships materials to the 

22 Waste Isolation Pilot Plant, Carlsbad, New Mexico. 


emcdonald on DSK3SPTVN1PROD with BILLS
1242 

HR 4909 PCS

1 SEC. 3119A. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 THE DEPARTMENT OF ENERGY. 

3 (a) LIMITATION.—Of the funds authorized to be ap4 propriated or otherwise made available for fiscal year 2017 

5 for the Department of Energy for the Office of the Sec6 retary of Energy, not more than 50 percent may be obli7 gated or expended until the date on which the Secretary 

8 submits to the appropriate congressional committees the 

9 report under subsection (b). 

10 (b) REPORT.—Not later than 15 days after the date 

11 of the enactment of this Act, the Secretary shall submit 

12 to the appropriate congressional committees the full re13 port, and any related materials, titled ‘‘U.S. Nuclear De14 terrence in the Coming Decades’’, dated August 15, 2014. 

15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means— 

18 (1) the congressional defense committees; and 

19 (2) the Permanent Select Committee on Intel20 ligence of the House of Representatives and the Se21 lect Committee on Intelligence of the Senate. 


emcdonald on DSK3SPTVN1PROD with BILLS
1243 

HR 4909 PCS

1 SEC. 3119B. SENSE OF CONGRESS REGARDING ACCOUNT2 ING PRACTICES BY LABORATORY OPERATING 

3 CONTRACTORS AND PLANT OR SITE MAN4 AGERS OF NATIONAL NUCLEAR SECURITY 

5 ADMINISTRATION FACILITIES. 

6 It is the sense of Congress that the Secretary of En7 ergy should ensure that each laboratory operating con8 tractor or plant or site manager of a National Nuclear 

9 Security Administration facility adopt generally accepted 

10 and consistent accounting practices for laboratory, plant, 

11 or site directed research and development. 

12 SEC. 3119C. PROTECTION OF CERTAIN NUCLEAR FACILI13 TIES FROM UNMANNED AIRCRAFT. 

14 (a) IN GENERAL.—The Atomic Energy Defense Act 

15 (50 U.S.C. 2501 et seq.) is amended by inserting after 

16 section 4509 the following new section: 

17 ‘‘SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILI18 TIES FROM UNMANNED AIRCRAFT. 

19 ‘‘(a) AUTHORITY.—The Secretary of Energy may 

20 take such actions described in subsection (b)(1) that are 

21 necessary to mitigate the threat of an unmanned aircraft 

22 system or unmanned aircraft that poses an imminent 

23 threat (as defined by the Secretary of Energy, in coordina24 tion with the Secretary of Transportation) to the safety 

25 or security of a covered facility. 


emcdonald on DSK3SPTVN1PROD with BILLS
1244 

HR 4909 PCS

1 ‘‘(b) ACTIONS DESCRIBED.—(1) The actions de2 scribed in this paragraph are the following: 

3 ‘‘(A) Disrupt control of the unmanned aircraft 

4 system or unmanned aircraft. 

5 ‘‘(B) Seize and exercise control of the un6 manned aircraft system or unmanned aircraft. 

7 ‘‘(C) Seize or otherwise confiscate the un8 manned aircraft system or unmanned aircraft. 

9 ‘‘(D) Use reasonable force to disable or destroy 

10 the unmanned aircraft system or unmanned aircraft. 

11 ‘‘(2) The Secretary of Energy shall develop the ac12 tions described in paragraph (1) in coordination with the 

13 Secretary of Transportation, consistent with the protec14 tion of information regarding sensitive defense or national 

15 security capabilities. 

16 ‘‘(c) FORFEITURE.—(1) Any unmanned aircraft sys17 tem or unmanned aircraft described in subsection (a) shall 

18 be subject to seizure and forfeiture to the United States. 

19 ‘‘(2) The Secretary of Energy may prescribe regula20 tions to establish reasonable exceptions to paragraph (1), 

21 including in cases where— 

22 ‘‘(A) the operator of the unmanned aircraft sys23 tem or unmanned aircraft obtained the control and 

24 possession of such system or aircraft illegally; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1245 

HR 4909 PCS

1 ‘‘(B) the operator of the unmanned aircraft sys2 tem or unmanned aircraft is an employee of a com3 mon carrier acting in manner described in sub4 section (a) without the knowledge of the common 

5 carrier. 

6 ‘‘(d) REGULATIONS.—Not later than 180 days after 

7 the date of the enactment of this section, the Secretary 

8 of Energy and the Secretary of Transportation shall pre9 scribe regulations and issue guidance in the respective 

10 areas of each Secretary to carry out this section. 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘covered facility’ means any fa13 cility that— 

14 ‘‘(A) is identified by the Secretary of En15 ergy for purposes of this section; 

16 ‘‘(B) is located in the United States (in17 cluding the territories and possessions of the 

18 United States); and 

19 ‘‘(C) is owned by the United States, or 

20 contracted to the United States, to store or use 

21 special nuclear material. 

22 ‘‘(2) The terms ‘unmanned aircraft’ and ‘un23 manned aircraft system’ have the meaning given 

24 those terms in section 331 of the FAA ModernizaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01245 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1246 

HR 4909 PCS

1 tion and Reform Act of 2012 (Public Law 112–95; 

2 49 U.S.C. 40101 note).’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for such Act is amended by inserting after the item relat5 ing to section 4509 the following new item: 

‘‘Sec. 4510. Protection of certain nuclear facilities from unmanned aircraft.’’. 

6 Subtitle C—Plans and Reports 

7 SEC. 3121. CLARIFICATION OF ANNUAL REPORT AND CER8 TIFICATION ON STATUS OF SECURITY OF 

9 ATOMIC ENERGY DEFENSE FACILITIES. 

10 Section 4506(b)(1)(B) of the Atomic Energy Defense 

11 Act (50 U.S.C. 2657) is amended to read as follows: 

12 ‘‘(B) written certification that such facilities are 

13 secure and that the security measures at such facili14 ties meet the security standards and requirements of 

15 the Department of Energy.’’. 

16 SEC. 3122. ANNUAL REPORT ON SERVICE SUPPORT CON17 TRACTS OF THE NATIONAL NUCLEAR SECU18 RITY ADMINISTRATION. 

19 Section 3241A(f) of the National Nuclear Security 

20 Administration Act (50 U.S.C. 2441a(f)) is amended by 

21 adding at the end the following new paragraph: 

22 ‘‘(5) With respect to each contract identified 

23 under paragraph (2)— 

24 ‘‘(A) the cost of the contract; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1247 

HR 4909 PCS

1 ‘‘(B) identification of the program or pro2 gram direction accounts that support the con3 tract.’’. 

4 SEC. 3123. REPEAL OF CERTAIN REPORTING REQUIRE5 MENTS. 

6 (a) REPORTS ON PLAN TO PROTECT AGAINST INAD7 VERTENT RELEASE OF RESTRICTED DATA AND FOR8 MERLY RESTRICTED DATA.—Section 4522 of the Atomic 

9 Energy Defense Act (50 U.S.C. 2672) is amended— 

10 (1) by striking subsection (e); and 

11 (2) by redesignating subsection (f) as sub12 section (e). 

13 (b) GAO REPORT ON PROGRAM ON SCIENTIFIC EN14 GAGEMENT FOR NONPROLIFERATION.—Section 3122 of 

15 the National Defense Authorization Act for Fiscal Year 

16 2013 (Public Law 112–239; 50 U.S.C. 2571 note), as 

17 amended by section 3125 of the National Defense Author18 ization Act for Fiscal Year 2014 (Public Law 113–66; 127 

19 Stat. 1063), is further amended— 

20 (1) in subsection (b)(1), by striking ‘‘, and to 

21 the Comptroller General of the United States,’’; 

22 (2) by striking subsection (e); and 

23 (3) by redesignating subsections (f) and (g) as 

24 subsections (e) and (f), respectively. 


emcdonald on DSK3SPTVN1PROD with BILLS
1248 

HR 4909 PCS

1 SEC. 3124. INDEPENDENT ASSESSMENT OF TECHNOLOGY 

2 DEVELOPMENT UNDER DEFENSE ENVIRON3 MENTAL CLEANUP PROGRAM. 

4 (a) ASSESSMENT.—Not later than 60 days after the 

5 date of the enactment of this Act, the Secretary of Energy 

6 shall seek to enter into an agreement with the National 

7 Academy of Sciences to conduct an independent assess8 ment of the technology development efforts of the defense 

9 environmental cleanup program of the Department of En10 ergy. 

11 (b) ELEMENTS.—The assessment under subsection 

12 (a) shall include the following: 

13 (1) A review of the technology development ef14 forts of the defense environmental cleanup program 

15 of the Department of Energy, including an assess16 ment of the process by which the Secretary identifies 

17 and chooses technologies to pursue under the pro18 gram. 

19 (2) A comprehensive review and assessment of 

20 technologies or alternative approaches to defense en21 vironmental cleanup efforts that could— 

22 (A) reduce the long-term costs of such ef23 forts; 

24 (B) accelerate schedules for carrying out 

25 such efforts; 


emcdonald on DSK3SPTVN1PROD with BILLS
1249 

HR 4909 PCS

1 (C) mitigate uncertainties, vulnerabilities, 

2 or risks relating to such efforts; or 

3 (D) otherwise significantly improve the de4 fense environmental cleanup program. 

5 (c) SUBMISSION.—Not later than September 30, 

6 2017, the National Academy of Sciences shall submit to 

7 the congressional defense committees and the Secretary 

8 a report on the assessment under subsection (a). 

9 SEC. 3125. UPDATED PLAN FOR VERIFICATION AND MONI10 TORING OF PROLIFERATION OF NUCLEAR 

11 WEAPONS AND FISSILE MATERIAL. 

12 (a) UPDATED PLAN.— 

13 (1) TRANSMISSION.—Not later than 90 days 

14 after the date of the enactment of this Act, the 

15 President shall transmit to the appropriate congres16 sional committees a comprehensive and detailed up17 date to the plan developed under section 3133(a) of 

18 the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na19 tional Defense Authorization Act for Fiscal Year 

20 2015 (Public Law 113–291; 128 Stat. 3896) with 

21 respect to verification and monitoring relating to the 

22 potential proliferation of nuclear weapons, compo23 nents of such weapons, and fissile material. 


emcdonald on DSK3SPTVN1PROD with BILLS
1250 

HR 4909 PCS

1 (2) FORM.—The updated plan under paragraph 

2 (1) shall be transmitted in unclassified form, but 

3 may include a classified annex. 

4 (b) LIMITATION.—Of the funds authorized to be ap5 propriated by this Act or otherwise made available for fis6 cal year 2017 for the Department of Defense for sup7 porting the Executive Office of the President, 

8 $10,000,000 may not be obligated or expended until the 

9 date on which the President transmits to the appropriate 

10 congressional committees the updated plan under sub11 section (a)(1). 

12 (c) BRIEFING.—Not later than 30 days after the date 

13 of the enactment of this Act, the President shall provide 

14 to the Committees on Armed Services of the House of 

15 Representatives and the Senate (and any other appro16 priate congressional committee upon request) an interim 

17 briefing on the updated plan under subsection (a)(1). 

18 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

19 DEFINED.—In this section, the term ‘‘appropriate con20 gressional committees’’ means the following: 

21 (1) The congressional defense committees. 

22 (2) The Permanent Select Committee on Intel23 ligence of the House of Representatives and the Se24 lect Committee on Intelligence of the Senate. 


emcdonald on DSK3SPTVN1PROD with BILLS
1251 

HR 4909 PCS

1 (3) The Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on 

3 Foreign Relations of the Senate. 

4 (4) The Committee on Homeland Security of 

5 the House of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs of the 

7 Senate. 

8 (5) The Committee on Energy and Commerce 

9 of the House of Representatives and the Committee 

10 on Commerce, Science, and Transportation of the 

11 Senate. 

12 SEC. 3126. BRIEFING ON THE INFORMATION-INTERCHANGE 

13 OF LOW-ENRICHED URANIUM. 

14 (a) BRIEFING.—Not later than 120 days after the 

15 date of the enactment of this Act, the Secretary of De16 fense, the Secretary of Energy, and the Secretary of State 

17 shall provide a briefing to the appropriate congressional 

18 committees on the feasibility and potential benefits of a 

19 dialogue between the United States and France on the use 

20 of low-enriched uranium in naval reactors. 

21 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

22 In this section, the term ‘‘appropriate congressional com23 mittees’’ means— 

24 (1) the congressional defense committees; 


emcdonald on DSK3SPTVN1PROD with BILLS
1252 

HR 4909 PCS

1 (2) the Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on 

3 Foreign Relations of the Senate; 

4 (3) the Permanent Select Committee on Intel5 ligence of the House of Representatives and the Se6 lect Committee on Intelligence of the Senate; and 

7 (4) the Committee on Energy and Commerce of 

8 the House of Representatives and the Committee on 

9 Energy and Natural Resources of the Senate. 

10 TITLE XXXII—DEFENSE NU11 CLEAR FACILITIES SAFETY 

12 BOARD 

13 SEC. 3201. AUTHORIZATION. 

14 There are authorized to be appropriated for fiscal 

15 year 2017, $31,000,000 for the operation of the Defense 

16 Nuclear Facilities Safety Board under chapter 21 of the 

17 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

18 TITLE XXXIII—NUCLEAR EN19 ERGY INNOVATION CAPABILI20 TIES 

21 SEC. 3301. SHORT TITLE. 

22 This title may be cited as the ‘‘Nuclear Energy Inno23 vation Capabilities Act’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1253 

HR 4909 PCS

1 SEC. 3302. NUCLEAR ENERGY. 

2 Section 951 of the Energy Policy Act of 2005 (42 

3 U.S.C. 16271) is amended to read as follows: 

4 ‘‘SEC. 951. NUCLEAR ENERGY. 

5 ‘‘(a) MISSION.—The Secretary shall conduct pro6 grams of civilian nuclear research, development, dem7 onstration, and commercial application, including activi8 ties in this subtitle. Such programs shall take into consid9 eration the following objectives: 

10 ‘‘(1) Providing research infrastructure to pro11 mote scientific progress and enable users from aca12 demia, the National Laboratories, and the private 

13 sector to make scientific discoveries relevant for nu14 clear, chemical, and materials science engineering. 

15 ‘‘(2) Maintaining National Laboratory and uni16 versity nuclear energy research and development 

17 programs, including their infrastructure. 

18 ‘‘(3) Providing the technical means to reduce 

19 the likelihood of nuclear weapons proliferation and 

20 increasing confidence margins for public safety of 

21 nuclear energy systems. 

22 ‘‘(4) Reducing the environmental impact of nu23 clear energy related activities. 

24 ‘‘(5) Supporting technology transfer from the 

25 National Laboratories to the private sector. 


emcdonald on DSK3SPTVN1PROD with BILLS
1254 

HR 4909 PCS

1 ‘‘(6) Enabling the private sector to partner with 

2 the National Laboratories to demonstrate novel reac3 tor concepts for the purpose of resolving technical 

4 uncertainty associated with the aforementioned ob5 jectives in this subsection. 

6 ‘‘(b) DEFINITIONS.—In this subtitle: 

7 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

8 term ‘advanced nuclear reactor’ means— 

9 ‘‘(A) a nuclear fission reactor with signifi10 cant improvements over the most recent genera11 tion of nuclear fission reactors, which may in12 clude inherent safety features, lower waste 

13 yields, greater fuel utilization, superior reli14 ability, resistance to proliferation, and increased 

15 thermal efficiency; or 

16 ‘‘(B) a nuclear fusion reactor. 

17 ‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 

18 means a neutron with kinetic energy above 100 

19 kiloelectron volts. 

20 ‘‘(3) NATIONAL LABORATORY.—The term ‘Na21 tional Laboratory’ has the meaning given that term 

22 in paragraph (3) of section 2, except that with re23 spect to subparagraphs (G), (H), and (N) of such 

24 paragraph, for purposes of this subtitle the term in25 cludes only the civilian activities thereof. 


emcdonald on DSK3SPTVN1PROD with BILLS
1255 

HR 4909 PCS

1 ‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 

2 means the intensity of neutron radiation measured 

3 as a rate of flow of neutrons applied over an area. 

4 ‘‘(5) NEUTRON SOURCE.—The term ‘neutron 

5 source’ means a research machine that provides neu6 tron irradiation services for research on materials 

7 sciences and nuclear physics as well as testing of ad8 vanced materials, nuclear fuels, and other related 

9 components for reactor systems.’’. 

10 SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS. 

11 Section 952 of the Energy Policy Act of 2005 (42 

12 U.S.C. 16272) is amended— 

13 (1) by striking subsection (c); and 

14 (2) by redesignating subsections (d) and (e) as 

15 subsections (c) and (d), respectively. 

16 SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE. 

17 Section 953(a) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16273(a)) is amended by striking ‘‘, acting 

19 through the Director of the Office of Nuclear Energy, 

20 Science and Technology,’’. 

21 SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER22 ING SUPPORT. 

23 Section 954(d)(4) of the Energy Policy Act of 2005 

24 (42 U.S.C. 16274(d)(4)) is amended by striking ‘‘as part 


emcdonald on DSK3SPTVN1PROD with BILLS
1256 

HR 4909 PCS

1 of a taking into consideration effort that emphasizes’’ and 

2 inserting ‘‘that emphasize’’. 

3 SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR 

4 INFRASTRUCTURE AND FACILITIES. 

5 Section 955 of the Energy Policy Act of 2005 (42 

6 U.S.C. 16275) is amended— 

7 (1) by striking subsections (c) and (d); and 

8 (2) by adding at the end the following: 

9 ‘‘(c) VERSATILE NEUTRON SOURCE.— 

10 ‘‘(1) MISSION NEED.—Not later than December 

11 31, 2016, the Secretary shall determine the mission 

12 need for a versatile reactor-based fast neutron 

13 source, which shall operate as a national user facil14 ity. During this process, the Secretary shall consult 

15 with the private sector, universities, National Lab16 oratories, and relevant Federal agencies to ensure 

17 that this user facility will meet the research needs 

18 of the largest possible majority of prospective users. 

19 ‘‘(2) ESTABLISHMENT.—Upon the determina20 tion of mission need made under paragraph (1), the 

21 Secretary shall, as expeditiously as possible, provide 

22 to the Committee on Science, Space, and Technology 

23 of the House of Representatives and the Committee 

24 on Energy and Natural Resources of the Senate a 


emcdonald on DSK3SPTVN1PROD with BILLS
1257 

HR 4909 PCS

1 detailed plan for the establishment of the user facil2 ity. 

3 ‘‘(3) FACILITY REQUIREMENTS.— 

4 ‘‘(A) CAPABILITIES.—The Secretary shall 

5 ensure that this user facility will provide, at a 

6 minimum, the following capabilities: 

7 ‘‘(i) Fast neutron spectrum irradia8 tion capability. 

9 ‘‘(ii) Capacity for upgrades to accom10 modate new or expanded research needs. 

11 ‘‘(B) CONSIDERATIONS.—In carrying out 

12 the plan provided under paragraph (2), the Sec13 retary shall consider the following: 

14 ‘‘(i) Capabilities that support experi15 mental high-temperature testing. 

16 ‘‘(ii) Providing a source of fast neu17 trons at a neutron flux, higher than that 

18 at which current research facilities operate, 

19 sufficient to enable research for an optimal 

20 base of prospective users. 

21 ‘‘(iii) Maximizing irradiation flexibility 

22 and irradiation volume to accommodate as 

23 many concurrent users as possible. 

24 ‘‘(iv) Capabilities for irradiation with 

25 neutrons of a lower energy spectrum. 


emcdonald on DSK3SPTVN1PROD with BILLS
1258 

HR 4909 PCS

1 ‘‘(v) Multiple loops for fuels and ma2 terials testing in different coolants. 

3 ‘‘(vi) Additional pre-irradiation and 

4 post-irradiation examination capabilities. 

5 ‘‘(vii) Lifetime operating costs and 

6 lifecycle costs. 

7 ‘‘(4) REPORTING PROGRESS.—The Department 

8 shall, in its annual budget requests, provide an ex9 planation for any delay in its progress and otherwise 

10 make every effort to complete construction and ap11 prove the start of operations for this facility by De12 cember 31, 2025. 

13 ‘‘(5) COORDINATION.—The Secretary shall le14 verage the best practices for management, construc15 tion, and operation of national user facilities from 

16 the Office of Science.’’. 

17 SEC. 3307. SECURITY OF NUCLEAR FACILITIES. 

18 Section 956 of the Energy Policy Act of 2005 (42 

19 U.S.C. 16276) is amended by striking ‘‘, acting through 

20 the Director of the Office of Nuclear Energy, Science and 

21 Technology,’’. 

22 SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUP23 PORTIVE RESEARCH. 

24 Section 957 of the Energy Policy Act of 2005 (42 

25 U.S.C. 16277) is amended to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1259 

HR 4909 PCS

1 ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP2 PORTIVE RESEARCH. 

3 ‘‘(a) MODELING AND SIMULATION.—The Secretary 

4 shall carry out a program to enhance the Nation’s capa5 bilities to develop new reactor technologies through high6 performance computation modeling and simulation tech7 niques. This program shall coordinate with relevant Fed8 eral agencies through the National Strategic Computing 

9 Initiative created under Executive Order No. 13702 (July 

10 29, 2015) while taking into account the following objec11 tives: 

12 ‘‘(1) Utilizing expertise from the private sector, 

13 universities, and National Laboratories to develop 

14 computational software and capabilities that pro15 spective users may access to accelerate research and 

16 development of advanced nuclear reactor systems 

17 and reactor systems for space exploration. 

18 ‘‘(2) Developing computational tools to simulate 

19 and predict nuclear phenomena that may be vali20 dated through physical experimentation. 

21 ‘‘(3) Increasing the utility of the Department’s 

22 research infrastructure by coordinating with the Ad23 vanced Scientific Computing Research program 

24 within the Office of Science. 

25 ‘‘(4) Leveraging experience from the Energy In26 novation Hub for Modeling and Simulation. 


emcdonald on DSK3SPTVN1PROD with BILLS
1260 

HR 4909 PCS

1 ‘‘(5) Ensuring that new experimental and com2 putational tools are accessible to relevant research 

3 communities. 

4 ‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec5 retary shall consider support for additional research activi6 ties to maximize the utility of its research facilities, includ7 ing physical processes to simulate degradation of materials 

8 and behavior of fuel forms and for validation of computa9 tional tools.’’. 

10 SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION. 

11 Subtitle E of title IX of the Energy Policy Act of 

12 2005 (42 U.S.C. 16271 et seq.) is amended by adding at 

13 the end the following: 

14 ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 

15 ‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 

16 The Secretary shall carry out a program to enable the 

17 testing and demonstration of reactor concepts to be pro18 posed and funded by the private sector. The Secretary 

19 shall leverage the technical expertise of relevant Federal 

20 agencies and National Laboratories in order to minimize 

21 the time required to enable construction and operation of 

22 privately funded experimental reactors at National Lab23 oratories or other Department-owned sites. Such reactors 

24 shall operate to meet the following objectives: 


emcdonald on DSK3SPTVN1PROD with BILLS
1261 

HR 4909 PCS

1 ‘‘(1) Enabling physical validation of novel reac2 tor concepts. 

3 ‘‘(2) Resolving technical uncertainty and in4 creasing practical knowledge relevant to safety, resil5 ience, security, and functionality of first-of-a-kind 

6 reactor concepts. 

7 ‘‘(3) General research and development to im8 prove nascent technologies. 

9 ‘‘(b) REPORTING REQUIREMENT.—Not later than 

10 180 days after the date of enactment of the Nuclear En11 ergy Innovation Capabilities Act, the Secretary, in con12 sultation with the National Laboratories, relevant Federal 

13 agencies, and other stakeholders, shall transmit to the 

14 Committee on Science, Space, and Technology of the 

15 House of Representatives and the Committee on Energy 

16 and Natural Resources of the Senate a report assessing 

17 the Department’s capabilities to authorize, host, and over18 see privately funded experimental advanced nuclear reac19 tors as described under subsection (a). The report shall 

20 address the following: 

21 ‘‘(1) The Department’s oversight capabilities, 

22 including options to leverage expertise from the Nu23 clear Regulatory Commission and National Labora24 tories. 


emcdonald on DSK3SPTVN1PROD with BILLS
1262 

HR 4909 PCS

1 ‘‘(2) Potential sites capable of hosting activities 

2 described under subsection (a). 

3 ‘‘(3) The efficacy of the Department’s available 

4 contractual mechanisms to partner with the private 

5 sector and Federal agencies, including cooperative 

6 research and development agreements, strategic 

7 partnership projects, and agreements for commer8 cializing technology. 

9 ‘‘(4) Potential cost structures related to long10 term projects, including physical security, distribu11 tion of liability, and other related costs. 

12 ‘‘(5) Other challenges or considerations identi13 fied by the Secretary.’’. 

14 SEC. 3310. BUDGET PLAN. 

15 (a) IN GENERAL.—Subtitle E of title IX of the En16 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is fur17 ther amended by adding at the end the following: 

18 ‘‘SEC. 959. BUDGET PLAN. 

19 ‘‘Not later than 12 months after the date of enact20 ment of the Nuclear Energy Innovation Capabilities Act, 

21 the Department shall transmit to the Committee on 

22 Science, Space, and Technology of the House of Rep23 resentatives and the Committee on Energy and Natural 

24 Resources of the Senate 2 alternative 10-year budget 

25 plans for civilian nuclear energy research and development 


emcdonald on DSK3SPTVN1PROD with BILLS
1263 

HR 4909 PCS

1 by the Department. The first shall assume constant an2 nual funding for 10 years at the appropriated level for 

3 the Department’s civilian nuclear energy research and de4 velopment for fiscal year 2016. The second shall be an 

5 unconstrained budget. The two plans shall include— 

6 ‘‘(1) a prioritized list of the Department’s pro7 grams, projects, and activities to best support the 

8 development of advanced nuclear reactor tech9 nologies; 

10 ‘‘(2) realistic budget requirements for the De11 partment to implement sections 955(c), 957, and 

12 958 of this Act; and 

13 ‘‘(3) the Department’s justification for con14 tinuing or terminating existing civilian nuclear en15 ergy research and development programs.’’. 

16 (b) REPORT ON FUSION INNOVATION.—Not later 

17 than 6 months after the date of enactment of this title, 

18 the Secretary of the Department of Energy shall transmit 

19 to the Committee on Science, Space, and Technology of 

20 the House of Representatives and the Committee on En21 ergy and Natural Resources of the Senate a report that 

22 will identify engineering designs for innovative fusion en23 ergy systems that have the potential to demonstrate net 

24 energy production not later than 15 years after the start 

25 of construction. In this report, the Secretary will identify 


emcdonald on DSK3SPTVN1PROD with BILLS
1264 

HR 4909 PCS

1 budgetary requirements that would be necessary for the 

2 Department to carry out a fusion innovation initiative to 

3 accelerate research and development of these designs. 

4 SEC. 3311. CONFORMING AMENDMENTS. 

5 The table of contents for the Energy Policy Act of 

6 2005 is amended by striking the item relating to section 

7 957 and inserting the following: 

‘‘957. High-performance computation and supportive research. 

‘‘958. Enabling nuclear energy innovation. 

‘‘959. Budget plan.’’. 

8 TITLE XXXIV—NAVAL 

9 PETROLEUM RESERVES 

10 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) AMOUNT.—There are hereby authorized to be ap12 propriated to the Secretary of Energy $14,950,000 for fis13 cal year 2017 for the purpose of carrying out activities 

14 under chapter 641 of title 10, United States Code, relating 

15 to the naval petroleum reserves. 

16 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

17 pursuant to the authorization of appropriations in sub18 section (a) shall remain available until expended. 

19 TITLE XXXV—MARITIME 

20 ADMINISTRATION 

21 SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINIS22 TRATION. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2017, to be available without fiscal year limitaVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01264 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1265 

HR 4909 PCS

1 tion if so provided in appropriations Acts, for the use of 

2 the Department of Transportation for Maritime Adminis3 tration programs associated with maintaining the United 

4 States merchant marine, as follows: 

5 (1) For expenses necessary for operations of the 

6 United States Merchant Marine Academy, 

7 $99,902,000. 

8 (2) For expenses necessary to support the State 

9 maritime academies, $29,550,000. 

10 (3) For expenses necessary to support Maritime 

11 Administration operations and programs, 

12 $58,694,000. 

13 (4) For expenses necessary to dispose of vessels 

14 in the National Defense Reserve Fleet, $20,000,000, 

15 to remain available until expended. 

16 (5) For expenses to maintain and preserve a 

17 United States-flag merchant marine to serve the na18 tional security needs of the United States under 

19 chapter 531 of title 46, United States Code, 

20 $299,997,000. 


emcdonald on DSK3SPTVN1PROD with BILLS
1266 

HR 4909 PCS

1 SEC. 3502. AUTHORITY TO MAKE PRO RATA ANNUAL PAY2 MENTS UNDER OPERATING AGREEMENTS 

3 FOR VESSELS PARTICIPATING IN MARITIME 

4 SECURITY FLEET. 

5 Section 53106(d) of title 46, United States Code, is 

6 amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (2); 

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and 

11 (3) by adding at the end following: 

12 ‘‘(4) may make a pro rata reduction in payment 

13 if sufficient funds have not been appropriated to pay 

14 the full annual payment authorized in subsection 

15 (a).’’. 

16 SEC. 3503. AUTHORITY TO EXTEND CERTAIN AGE RESTRIC17 TIONS RELATING TO VESSELS IN THE MARI18 TIME SECURITY FLEET. 

19 (a) AUTHORITY.— 

20 (1) IN GENERAL.—Section 53102 of title 46, 

21 United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘(g) AUTHORITY TO EXTEND MAXIMUM SERVICE

24 AGE FOR VESSEL.—The Secretary of Defense, in conjunc25 tion with the Secretary of Transportation, may, for a par26 ticular participating fleet vessel, extend the maximum age 


emcdonald on DSK3SPTVN1PROD with BILLS
1267 

HR 4909 PCS

1 restrictions under section 53101(5)(A)(ii) and section 

2 53106(c)(3) for a period of up to 5 years if the Secretaries 

3 jointly determine that it is in the national interest to do 

4 so.’’. 

5 (2) CONFORMING AMENDMENT.—The heading 

6 of subsection (f) of such section is amended to read 

7 as follows: ‘‘AUTHORITY TO WAIVE AGE RESTRIC8 TION FOR ELIGIBILITY OF A VESSEL TO BE IN9 CLUDED IN FLEET.—’’. 

10 (b) REPEAL OF REDUNDANT AGE LIMITATION.— 

11 Section 53106(c)(3) of such title is amended— 

12 (1) in subparagraph (A), by striking ‘‘or (C);’’ 

13 and inserting ‘‘; or’’; 

14 (2) in subparagraph (B), by striking ‘‘; or’’ and 

15 inserting a period; and 

16 (3) by striking subparagraph (C). 

17 SEC. 3504. CORRECTIONS TO PROVISIONS ENACTED BY 

18 COAST GUARD AUTHORIZATION ACTS. 

19 (a) SHORT TITLE CORRECTION.—The Coast Guard 

20 Authorization Act of 2015 (Public Law 114–120) is 

21 amended by striking ‘‘Coast Guard Authorization Act of 

22 2015’’ each place it appears (including in quoted material) 

23 and inserting ‘‘Coast Guard Authorization Act of 2016’’. 

24 (b) TITLE 46, U.S.C.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1268 

HR 4909 PCS

1 (1) Section 7510 of title 46, United States 

2 Code, is amended— 

3 (A) in subsection (c)(1)(D), by striking 

4 ‘‘engine’’ and inserting ‘‘engineer’’; and 

5 (B) in subsection (c)(9), by inserting a pe6 riod after ‘‘App’’; 

7 (2) Section 4503(f)(2) of title 46, United States 

8 Code, is amended by striking ‘‘, that’’ and inserting 

9 ‘‘, then’’. 

10 (c) PROVISIONS RELATING TO THE PRIBILOF IS11 LANDS.— 

12 (1) SHORT TITLE CORRECTION.—Section 521 

13 of the Coast Guard Authorization Act of 2016 (Pub14 lic Law 114–120), as amended by subsection (a), is 

15 further amended by striking ‘‘2015’’ and inserting 

16 ‘‘2016’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 105(e)(1) of the Pribilof Islands Transition Act (16 

19 U.S.C. 1161 note; Public Law 106–562) is amended 

20 by striking ‘‘2015’’ and inserting ‘‘2016’’. 

21 (3) TECHNICAL CORRECTION.—Section 

22 522(b)(2) of the Coast Guard Authorization Act of 

23 2016 (Public Law 114–120), as amended by sub24 section (a), is further amended by striking ‘‘sub25 section (a)’’ and inserting ‘‘paragraph (1)’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1269 

HR 4909 PCS

1 (d) TITLE 14, UNITED STATES CODE.— 

2 (1) REDISTRIBUTION OF AUTHORIZATIONS OF

3 APPROPRIATIONS.—Section 2702 of title 14, United 

4 States Code, is amended— 

5 (A) in paragraph (1)(B), by striking 

6 ‘‘$6,981,036,000’’ and inserting 

7 ‘‘$6,986,815,000’’; and 

8 (B) in paragraph (3)(B), by striking 

9 ‘‘$140,016,000’’ and inserting ‘‘$134, 

10 237,000’’. 

11 (2) CLERICAL AMENDMENT.—The analysis at 

12 the beginning of part III of title 14, United States 

13 Code, is amended by striking the period at the end 

14 of the item relating to chapter 29. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect as if included in the enact17 ment of Public Law 114–120. 

18 SEC. 3505. STATUS OF NATIONAL DEFENSE RESERVE FLEET 

19 VESSELS. 

20 Section 11 of the Merchant Ship Sales Act of 1946 

21 (50 U.S.C. 4405) is amended— 

22 (1) in subsection (a), by adding at the end the 

23 following: ‘‘Vessels in the National Defense Reserve 

24 Fleet, including vessels loaned to State Maritime 


emcdonald on DSK3SPTVN1PROD with BILLS
1270 

HR 4909 PCS

1 Academies, shall be considered public vessels of the 

2 United States.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(g) VESSEL STATUS.—A vessel in the National De5 fense Reserve Fleet determined by the Maritime Adminis6 tration to be of insufficient value to remain in the National 

7 Defense Reserve Fleet shall remain a vessel within the 

8 meaning of that term in section 3 of title 1 and subject 

9 to the rights and responsibilities of a vessel under admi10 ralty law at least until such time as the vessel is delivered 

11 to a dismantling facility or is disposed of otherwise from 

12 the National Defense Reserve Fleet.’’. 

13 SEC. 3506. NDRF NATIONAL SECURITY MULTI-MISSION VES14 SEL. 

15 (a) IN GENERAL.—Subject to the availability of ap16 propriations for fiscal year 2017 and each fiscal year 

17 thereafter, the Maritime Administrator shall seek to con18 tract for construction of a national security multi-mission 

19 vessel for the National Defense Reserve Fleet for— 

20 (1) use as a training vessel that can be provided 

21 to State maritime academies, under section 

22 51504(b) of title 46, United States Code; and 

23 (2) humanitarian assistance, disaster response, 

24 domestic and foreign emergency contingency operVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01270 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1271 

HR 4909 PCS

1 ations, and other authorized uses of vessels of the 

2 National Defense Reserve Fleet. 

3 (b) CONSTRUCTION AND DOCUMENTATION REQUIRE4 MENTS.—A vessel constructed under this section shall— 

5 (1) be constructed in a private United States 

6 shipyard; 

7 (2) be constructed in accordance with designs 

8 approved by the Maritime Administrator; and 

9 (3) meet— 

10 (A) the safety requirements of the Coast 

11 Guard as a documented vessel; and 

12 (B) the content standards of the Coast 

13 Guard to qualify the vessel for a coastwise en14 dorsement as if such vessel were a privately 

15 owned and operated commercial vessel; and 

16 (4) be documented under section 12103 of title 

17 46, United States Code. 

18 (c) DESIGN STANDARDS AND CONSTRUCTION PRAC19 TICES.—Subject to subsection (b), construction of a vessel 

20 under this section shall use commercial design standards 

21 and commercial construction practices that are consistent 

22 with the best interests of the Federal Government. 

23 (d) GENERAL AGENT REQUIREMENT.—The Mari24 time Administrator shall enter into a contract or other 

25 agreement with the Secretary of the Navy under which 


emcdonald on DSK3SPTVN1PROD with BILLS
1272 

HR 4909 PCS

1 the Navy shall act as general agent for the Maritime Ad2 ministration for purposes of construction of a vessel under 

3 this section. 

4 (e) CONTRACTS WITH OTHER FEDERAL ENTITIES.— 

5 The Maritime Administrator may contract on a reimburs6 able basis with other Federal entities for goods and serv7 ices in connection with this section and other associated 

8 future activities. 

9 (f) CONTRACTORS.—Any contractor selected by the 

10 Maritime Administration through its general agent to con11 struct the vessel under (a) shall be an entity established 

12 under the laws of the United States or of a State, com13 monwealth, or territory of the United States, that during 

14 the five-year period preceding the date of the enactment 

15 of this Act, either directly or through a subsidiary, com16 pleted the construction of a vessel in excess of 10,000 

17 gross tons and documented under section 12103 of title 

18 46, United States Code. 

19 (g) REPEAL OF PLAN APPROVAL REQUIREMENT.— 

20 Section 109(j)(3) of title 49, United States Code, is re21 pealed. 

22 SEC. 3507. UNITED STATES MERCHANT MARINE ACADEMY. 

23 (a) IN GENERAL.—Section 51301 of title 46, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


emcdonald on DSK3SPTVN1PROD with BILLS
1273 

HR 4909 PCS

1 ‘‘(c) SUPERINTENDENT.—The immediate command 

2 of the United States Merchant Marine Academy shall be 

3 in the Superintendent of the Academy, subject to the di4 rection of the Maritime Administrator under the general 

5 supervision of the Secretary of Transportation. The Sec6 retary of Transportation shall appoint the Superintendent 

7 from the senior ranks of the United States merchant ma8 rine, maritime industry, or from the retired list of flag9 rank Navy or Coast Guard officers who have significant 

10 afloat command experience. Due to the unique mission of 

11 the Academy, it is highly desirable that the Super12 intendent be a graduate of the Academy and have attained 

13 an unlimited merchant mariner officer’s license. 

14 ‘‘(d) COMMANDANT OF MIDSHIPMEN.—Subject to the 

15 direction of the Superintendent, the Commandant is the 

16 immediate commander of the Regiment of Midshipmen 

17 and is responsible for the instruction of all midshipmen 

18 in maritime professionalism, ethics, leadership, and mili19 tary bearing necessary for future service as a licensed offi20 cer in the merchant marine and a commissioned officer 

21 in the uniformed services. The Commandant shall be ap22 pointed from the senior ranks of the United States mer23 chant marine, maritime industry, or from the retired list 

24 of flag-rank Navy or Coast Guard officers who possess sig25 nificant merchant marine experience. It is highly desirable 


emcdonald on DSK3SPTVN1PROD with BILLS
1274 

HR 4909 PCS

1 that the Commandant have attained an unlimited mer2 chant mariner officer’s license and is a graduate of United 

3 States Merchant Marine Academy.’’. 

4 (b) LIMITATION ON APPLICATION.—The amendment 

5 made by subsection (a) shall not apply with respect to the 

6 individual serving on the date of the enactment of this Act 

7 as the Superintendent of the United States Merchant Ma8 rine Academy. 

9 SEC. 3508. USE OF NATIONAL DEFENSE RESERVE FLEET 

10 SCRAPPING PROCEEDS. 

11 Section 308704(a)(1)(C) of title 54, United States 

12 Code, is amended to read as follows: 

13 ‘‘(C) The remainder shall be available to 

14 the Secretary to carry out the Program, as pro15 vided in subsection (b).’’. 

16 SEC. 3509. FLOATING DRY DOCKS. 

17 Section 55122 of title 46, United States Code, is 

18 amended— 

19 (1) by redesignating subsection (b) as sub20 section (c); and 

21 (2) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) DRYDOCKS FOR CONSTRUCTION OF CERTAIN

24 NAVAL VESSELS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1275 

HR 4909 PCS

1 ‘‘(1) IN GENERAL.—In the application of sub2 section (a)(1)(C) to a floating drydock used for the 

3 construction of naval vessels in a United States ship4 yard, ‘December 19, 2017’ shall be substituted for 

5 the date referred to in that subsection if the Sec6 retary of the Navy determines that— 

7 ‘‘(A) such a drydock is necessary for the 

8 timely completion of such construction; and 

9 ‘‘(B)(i) such drydock is owned and oper10 ated by— 

11 ‘‘(I) a shipyard located in the United 

12 States that is an eligible owner specified 

13 under section 12103(b); or 

14 ‘‘(II) an affiliate of such a shipyard; 

15 or 

16 ‘‘(ii) such drydock is— 

17 ‘‘(I) notwithstanding subsection 

18 (a)(1)(B), owned by the State in which the 

19 shipyard is located or a political subdivi20 sion of that State; and 

21 ‘‘(II) operated by a shipyard located 

22 in the United States that is an eligible 

23 owner specified under section 12103(b). 

24 ‘‘(2) NOTICE TO CONGRESS.—No later than 30 

25 days after making a determination under paragraph 


emcdonald on DSK3SPTVN1PROD with BILLS
1276 

HR 4909 PCS

1 (1), the Secretary of the Navy shall notify the Com2 mittee on Armed Services and the Committee on 

3 Transportation and Infrastructure of House of Rep4 resentatives and the Committee on Armed Services 

5 and the Committee on Commerce, Science, and 

6 Transportation of the Senate of such a determina7 tions.’’. 

8 SEC. 3510. EXPEDITED PROCESSING OF APPLICATIONS FOR 

9 TRANSPORTATION SECURITY CARDS FOR 

10 SEPARATING MEMBERS OF THE ARMED 

11 FORCES AND VETERANS. 

12 (a) IN GENERAL.—Section 70105 of title 46, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(r) EXPEDITED ISSUANCE FOR SEPARATING SERV16 ICE MEMBERS.—The Secretary shall, using authority 

17 available under other provisions of law— 

18 ‘‘(1) seek to expedite processing of applications 

19 for transportation security cards under this section 

20 for members of the Armed Forces who are sepa21 rating from active duty service with a discharge 

22 other than a dishonorable discharge; 

23 ‘‘(2) in consultation with the Secretary of De24 fense— 


emcdonald on DSK3SPTVN1PROD with BILLS
1277 

HR 4909 PCS

1 ‘‘(A) enhance efforts of the Department of 

2 Homeland Security in assisting members of the 

3 Armed Forces who are separating from active 

4 duty service with receiving a transportation se5 curity card, including by— 

6 ‘‘(i) including under the Transition 

7 Assistance Program under section 1144 of 

8 title 10— 

9 ‘‘(I) applications for such cards; 

10 and 

11 ‘‘(II) a form by which such a 

12 member may grant the member’s per13 mission for government agencies to 

14 disclose to the Department of Home15 land Security findings of background 

16 investigations of such member, for 

17 consideration by the Department in 

18 processing the member’s application 

19 for a transportation security card; 

20 ‘‘(ii) providing opportunities for local 

21 officials of the department in which the 

22 Coast Guard is operating to partner with 

23 military installations for that purpose; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1278 

HR 4909 PCS

1 ‘‘(iii) ensuring that such members of 

2 the Armed Forces are aware of opportuni3 ties to apply for such cards; 

4 ‘‘(B) seek to educate members of the 

5 Armed Forces with competencies that are 

6 transferable to maritime industries regarding— 

7 ‘‘(i) opportunities for employment in 

8 such industries; and 

9 ‘‘(ii) the requirements and qualifica10 tions for, and duties associated with, trans11 portation security cards; and 

12 ‘‘(C) cooperate with other Federal agencies 

13 to expedite the transfer to the Secretary the 

14 findings of relevant background investigations 

15 and security clearances; and 

16 ‘‘(3) issue or deny a transportation security 

17 card under this section for a veteran by not later 

18 than 13 days after the date of the submission of the 

19 application for the card, unless there is a substantial 

20 problem with the application that prevents compli21 ance with this paragraph.’’. 

22 (b) REPORTS.—Not later than 6 months after the 

23 date of the enactment of this Act, and annually thereafter 

24 for each of the subsequent 2 years, the Secretary of the 

25 department in which the Coast Guard is operating, in conVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01278 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1279 

HR 4909 PCS

1 sultation with the Secretary of Defense, shall submit a re2 port to the Committee on Homeland Security of the House 

3 of Representatives and the Committee on Homeland Secu4 rity and Governmental Affairs of the Senate describing 

5 and assessing the efforts of such department to implement 

6 the amendment made by this section. 

7 SEC. 3511. TRAINING UNDER TRANSITION ASSISTANCE 

8 PROGRAM ON EMPLOYMENT OPPORTUNITIES 

9 ASSOCIATED WITH TRANSPORTATION SECU10 RITY CARDS. 

11 (a) IN GENERAL.—Section 1144(b) of title 10, 

12 United States Code, is amended by adding at the end the 

13 following new paragraph: 

14 ‘‘(10) Acting through the Secretary of the de15 partment in which the Coast Guard is operating, 

16 provide information on career opportunities for em17 ployment available to members with transportation 

18 security cards issued under section 70105 of title 

19 46.’’. 

20 (b) DEADLINE FOR IMPLEMENTATION.—The pro21 gram carried out under section 1144 of title 10, United 

22 States Code, shall comply with the requirements of sub23 section (b)(10) of such section, as added by subsection (a), 

24 by not later than 180 days after the date of the enactment 

25 of this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
1280 

HR 4909 PCS

1 SEC. 3512. APPLICATION OF LAW. 

2 Section 4301 of title 46, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(d) For purposes of any Federal law except the Fed5 eral Water Pollution Control Act (33 U.S.C. 1251 et seq.), 

6 any vessel, including a foreign vessel, being repaired or 

7 dismantled is deemed to be a recreational vessel, as de8 fined under section 2101(25), during such repair or dis9 mantling, if that vessel— 

10 ‘‘(1) shares elements of design and construction 

11 of traditional recreational vessels (as so defined); 

12 and 

13 ‘‘(2) when operating is not normally engaged in 

14 a military, commercial, or traditionally commercial 

15 undertaking.’’. 

16 TITLE XXXVI—BALLAST WATER 

17 SEC. 3601. SHORT TITLE. 

18 This title may be cited as the ‘‘Vessel Incidental Dis19 charge Act’’. 

20 SEC. 3602. DEFINITIONS. 

21 In this title: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 

25 (2) AQUATIC NUISANCE SPECIES.—The term 

26 ‘‘aquatic nuisance species’’ means a nonindigenous 


emcdonald on DSK3SPTVN1PROD with BILLS
1281 

HR 4909 PCS

1 species (including a pathogen) that threatens the di2 versity or abundance of native species or the ecologi3 cal stability of navigable waters or commercial, agri4 cultural, aquacultural, or recreational activities de5 pendent on such waters. 

6 (3) BALLAST WATER.— 

7 (A) IN GENERAL.—The term ‘‘ballast 

8 water’’ means any water, including any sedi9 ment suspended in such water, taken aboard a 

10 vessel— 

11 (i) to control trim, list, draught, sta12 bility, or stresses of the vessel; or 

13 (ii) during the cleaning, maintenance, 

14 or other operation of a ballast water treat15 ment technology of the vessel. 

16 (B) EXCLUSIONS.—The term ‘‘ballast 

17 water’’ does not include any pollutant that is 

18 added to water described in subparagraph (A) 

19 that is not directly related to the operation of 

20 a properly functioning ballast water treatment 

21 technology under this title. 

22 (4) BALLAST WATER PERFORMANCE STAND23 ARD.—The term ‘‘ballast water performance stand24 ard’’ means the numerical ballast water discharge 

25 standard set forth in section 151.2030 of title 33, 


emcdonald on DSK3SPTVN1PROD with BILLS
1282 

HR 4909 PCS

1 Code of Federal Regulations, or section 151.1511 of 

2 title 33, Code of Federal Regulations, as applicable, 

3 or a revised numerical ballast water performance 

4 standard established under subsection (a)(1)(B), (b), 

5 or (c) of section 3604 of this title. 

6 (5) BALLAST WATER TREATMENT TECHNOLOGY

7 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

8 water treatment technology’’ or ‘‘treatment tech9 nology’’ means any mechanical, physical, chemical, 

10 or biological process used, alone or in combination, 

11 to remove, render harmless, or avoid the uptake or 

12 discharge of, aquatic nuisance species within ballast 

13 water. 

14 (6) BIOCIDE.—The term ‘‘biocide’’ means a 

15 substance or organism, including a virus or fungus, 

16 that is introduced into or produced by a ballast 

17 water treatment technology to reduce or eliminate 

18 aquatic nuisance species as part of the process used 

19 to comply with a ballast water performance standard 

20 under this title. 

21 (7) DISCHARGE INCIDENTAL TO THE NORMAL

22 OPERATION OF A VESSEL.— 

23 (A) IN GENERAL.—The term ‘‘discharge 

24 incidental to the normal operation of a vessel’’ 

25 means— 


emcdonald on DSK3SPTVN1PROD with BILLS
1283 

HR 4909 PCS

1 (i) a discharge into navigable waters 

2 from a vessel of— 

3 (I)(aa) ballast water, graywater, 

4 bilge water, cooling water, oil water 

5 separator effluent, anti-fouling hull 

6 coating leachate, boiler or economizer 

7 blowdown, byproducts from cathodic 

8 protection, controllable pitch propeller 

9 and thruster hydraulic fluid, distilla10 tion and reverse osmosis brine, eleva11 tor pit effluent, firemain system efflu12 ent, freshwater layup effluent, gas 

13 turbine wash water, motor gasoline 

14 and compensating effluent, refrigera15 tion and air condensate effluent, sea16 water pumping biofouling prevention 

17 substances, boat engine wet exhaust, 

18 sonar dome effluent, exhaust gas 

19 scrubber washwater, or stern tube 

20 packing gland effluent; or 

21 (bb) any other pollutant associ22 ated with the operation of a marine 

23 propulsion system, shipboard maneu24 vering system, habitability system, or 

25 installed major equipment, or from a 


emcdonald on DSK3SPTVN1PROD with BILLS
1284 

HR 4909 PCS

1 protective, preservative, or absorptive 

2 application to the hull of a vessel; 

3 (II) weather deck runoff, deck 

4 wash, aqueous film forming foam ef5 fluent, chain locker effluent, non-oily 

6 machinery wastewater, underwater 

7 ship husbandry effluent, welldeck ef8 fluent, or fish hold and fish hold 

9 cleaning effluent; or 

10 (III) any effluent from a properly 

11 functioning marine engine; or 

12 (ii) a discharge of a pollutant into 

13 navigable waters in connection with the 

14 testing, maintenance, or repair of a sys15 tem, equipment, or engine described in 

16 subclause (I)(bb) or (III) of clause (i) 

17 whenever the vessel is waterborne. 

18 (B) EXCLUSIONS.—The term ‘‘discharge 

19 incidental to the normal operation of a vessel’’ 

20 does not include— 

21 (i) a discharge into navigable waters 

22 from a vessel of— 

23 (I) rubbish, trash, garbage, incin24 erator ash, or other such material dis25 charged overboard; 


emcdonald on DSK3SPTVN1PROD with BILLS
1285 

HR 4909 PCS

1 (II) oil or a hazardous substance, 

2 as those terms are defined in section 

3 311 of the Federal Water Pollution 

4 Control Act (33 U.S.C. 1321); 

5 (III) sewage, as defined in sec6 tion 312(a)(6) of the Federal Water 

7 Pollution Control Act (33 U.S.C. 

8 1322(a)(6)); or 

9 (IV) graywater referred to in sec10 tion 312(a)(6) of the Federal Water 

11 Pollution Control Act (33 U.S.C. 

12 1322(a)(6)); 

13 (ii) an emission of an air pollutant re14 sulting from the operation onboard a vessel 

15 of a vessel propulsion system, motor driven 

16 equipment, or incinerator; or 

17 (iii) a discharge into navigable waters 

18 from a vessel when the vessel is operating 

19 in a capacity other than as a means of 

20 transportation on water. 

21 (8) GEOGRAPHICALLY LIMITED AREA.—The 

22 term ‘‘geographically limited area’’ means an area— 

23 (A) with a physical limitation, including 

24 limitation by physical size and limitation by au25 thorized route, that prevents a vessel from operVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01285 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1286 

HR 4909 PCS

1 ating outside the area, as determined by the 

2 Secretary; or 

3 (B) that is ecologically homogeneous, as 

4 determined by the Secretary, in consultation 

5 with the heads of other Federal departments or 

6 agencies as the Secretary considers appropriate. 

7 (9) MANUFACTURER.—The term ‘‘manufac8 turer’’ means a person engaged in the manufacture, 

9 assemblage, or importation of ballast water treat10 ment technology. 

11 (10) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary of the department in which the 

13 Coast Guard is operating. 

14 (11) VESSEL.—The term ‘‘vessel’’ means every 

15 description of watercraft or other artificial contriv16 ance used, or practically or otherwise capable of 

17 being used, as a means of transportation on water. 

18 SEC. 3603. REGULATION AND ENFORCEMENT. 

19 (a) IN GENERAL.—The Secretary, in consultation 

20 with the Administrator, shall establish and implement en21 forceable uniform national standards and requirements for 

22 the regulation of discharges incidental to the normal oper23 ation of a vessel. The standards and requirements shall— 

24 (1) be based upon the best available technology 

25 economically achievable; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1287 

HR 4909 PCS

1 (2) supersede any permitting requirement or 

2 prohibition on discharges incidental to the normal 

3 operation of a vessel under any other provision of 

4 law. 

5 (b) ADMINISTRATION AND ENFORCEMENT.—The 

6 Secretary shall administer and enforce the uniform na7 tional standards and requirements under this title. Each 

8 State may enforce the uniform national standards and re9 quirements under this title. 

10 SEC. 3604. UNIFORM NATIONAL STANDARDS AND REQUIRE11 MENTS FOR THE REGULATION OF DIS12 CHARGES INCIDENTAL TO THE NORMAL OP13 ERATION OF A VESSEL. 

14 (a) REQUIREMENTS.— 

15 (1) BALLAST WATER MANAGEMENT REQUIRE16 MENTS.— 

17 (A) IN GENERAL.—Notwithstanding any 

18 other provision of law, the requirements set 

19 forth in the final rule, Standards for Living Or20 ganisms in Ships’ Ballast Water Discharged in 

21 U.S. Waters (77 Fed. Reg. 17254 (March 23, 

22 2012), as corrected at 77 Fed. Reg. 33969 

23 (June 8, 2012)), shall be the management re24 quirements for a ballast water discharge inci25 dental to the normal operation of a vessel until 


emcdonald on DSK3SPTVN1PROD with BILLS
1288 

HR 4909 PCS

1 the Secretary revises the ballast water perform2 ance standard under subsection (b) or adopts a 

3 more stringent State standard under subpara4 graph (B) of this paragraph. 

5 (B) ADOPTION OF MORE STRINGENT

6 STATE STANDARD.—If the Secretary makes a 

7 determination in favor of a State petition under 

8 section 3609, the Secretary shall adopt the 

9 more stringent ballast water performance 

10 standard specified in the statute or regulation 

11 that is the subject of that State petition in lieu 

12 of the ballast water performance standard in 

13 the final rule described under subparagraph 

14 (A). 

15 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

16 DISCHARGES OTHER THAN BALLAST WATER.—Not 

17 later than 2 years after the date of enactment of 

18 this Act, the Secretary, in consultation with the Ad19 ministrator, shall issue a final rule establishing best 

20 management practices for discharges incidental to 

21 the normal operation of a vessel other than ballast 

22 water. 

23 (b) REVISED BALLAST WATER PERFORMANCE

24 STANDARD; 7–YEAR REVIEW.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1289 

HR 4909 PCS

1 (1) IN GENERAL.—Subject to the feasibility re2 view under paragraph (2), not later than January 1, 

3 2022, the Secretary, in consultation with the Admin4 istrator, shall issue a final rule revising the ballast 

5 water performance standard under subsection (a)(1) 

6 so that a ballast water discharge incidental to the 

7 normal operation of a vessel will contain— 

8 (A) less than 1 living organism per 10 

9 cubic meters that is 50 or more micrometers in 

10 minimum dimension; 

11 (B) less than 1 living organism per 10 mil12 liliters that is less than 50 micrometers in min13 imum dimension and more than 10 micrometers 

14 in minimum dimension; 

15 (C) concentrations of indicator microbes 

16 that are less than— 

17 (i) 1 colony-forming unit of 

18 toxicogenic Vibrio cholera (serotypes O1 

19 and O139) per 100 milliliters or less than 

20 1 colony-forming unit of that microbe per 

21 gram of wet weight of zoological samples; 

22 (ii) 126 colony-forming units of esch23 erichia coli per 100 milliliters; and 

24 (iii) 33 colony-forming units of intes25 tinal enterococci per 100 milliliters; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1290 

HR 4909 PCS

1 (D) concentrations of such additional indi2 cator microbes and of viruses as may be speci3 fied in regulations issued by the Secretary, in 

4 consultation with the Administrator and such 

5 other Federal agencies as the Secretary and the 

6 Administrator consider appropriate. 

7 (2) FEASIBILITY REVIEW.— 

8 (A) IN GENERAL.—Not later than January 

9 1, 2020, the Secretary, in consultation with the 

10 Administrator, shall complete a review to deter11 mine the feasibility of achieving the revised bal12 last water performance standard under para13 graph (1). 

14 (B) CRITERIA FOR REVIEW OF BALLAST

15 WATER PERFORMANCE STANDARD.—In con16 ducting a review under subparagraph (A), the 

17 Secretary shall consider whether revising the 

18 ballast water performance standard will result 

19 in a scientifically demonstrable and substantial 

20 reduction in the risk of introduction or estab21 lishment of aquatic nuisance species, taking 

22 into account— 

23 (i) improvements in the scientific un24 derstanding of biological and ecological 


emcdonald on DSK3SPTVN1PROD with BILLS
1291 

HR 4909 PCS

1 processes that lead to the introduction or 

2 establishment of aquatic nuisance species; 

3 (ii) improvements in ballast water 

4 treatment technology, including— 

5 (I) the capability of such treat6 ment technology to achieve a revised 

7 ballast water performance standard; 

8 (II) the effectiveness and reli9 ability of such treatment technology in 

10 the shipboard environment; 

11 (III) the compatibility of such 

12 treatment technology with the design 

13 and operation of a vessel by class, 

14 type, and size; 

15 (IV) the commercial availability 

16 of such treatment technology; and 

17 (V) the safety of such treatment 

18 technology; 

19 (iii) improvements in the capabilities 

20 to detect, quantify, and assess the viability 

21 of aquatic nuisance species at the con22 centrations under consideration; 

23 (iv) the impact of ballast water treat24 ment technology on water quality; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1292 

HR 4909 PCS

1 (v) the costs, cost-effectiveness, and 

2 impacts of— 

3 (I) a revised ballast water per4 formance standard, including the po5 tential impacts on shipping, trade, 

6 and other uses of the aquatic environ7 ment; and 

8 (II) maintaining the existing bal9 last water performance standard, in10 cluding the potential impacts on 

11 water-related infrastructure, recre12 ation, propagation of native fish, 

13 shellfish, and wildlife, and other uses 

14 of navigable waters. 

15 (C) LOWER REVISED PERFORMANCE

16 STANDARD.— 

17 (i) IN GENERAL.—If the Secretary, in 

18 consultation with the Administrator, deter19 mines, on the basis of the feasibility review 

20 and after an opportunity for a public hear21 ing, that no ballast water treatment tech22 nology can be certified under section 3605 

23 to comply with the revised ballast water 

24 performance standard under paragraph 

25 (1), the Secretary shall require the use of 


emcdonald on DSK3SPTVN1PROD with BILLS
1293 

HR 4909 PCS

1 the treatment technology that achieves the 

2 performance levels of the best treatment 

3 technology available. 

4 (ii) IMPLEMENTATION DEADLINE.—If 

5 the Secretary, in consultation with the Ad6 ministrator, determines that the treatment 

7 technology under clause (i) cannot be im8 plemented before the implementation dead9 line under paragraph (3) with respect to a 

10 class of vessels, the Secretary shall extend 

11 the implementation deadline for that class 

12 of vessels for not more than 36 months. 

13 (iii) COMPLIANCE.—If the implemen14 tation deadline under paragraph (3) is ex15 tended, the Secretary shall recommend ac16 tion to ensure compliance with the ex17 tended implementation deadline under 

18 clause (ii). 

19 (D) HIGHER REVISED PERFORMANCE

20 STANDARD.— 

21 (i) IN GENERAL.—If the Secretary, in 

22 consultation with the Administrator, deter23 mines that ballast water treatment tech24 nology exists that exceeds the revised bal25 last water performance standard under 


emcdonald on DSK3SPTVN1PROD with BILLS
1294 

HR 4909 PCS

1 paragraph (1) with respect to a class of 

2 vessels, the Secretary shall revise the bal3 last water performance standard for that 

4 class of vessels to incorporate the higher 

5 performance standard. 

6 (ii) IMPLEMENTATION DEADLINE.—If 

7 the Secretary, in consultation with the Ad8 ministrator, determines that the treatment 

9 technology under clause (i) can be imple10 mented before the implementation deadline 

11 under paragraph (3) with respect to a 

12 class of vessels, the Secretary shall accel13 erate the implementation deadline for that 

14 class of vessels. If the implementation 

15 deadline under paragraph (3) is acceler16 ated, the Secretary shall provide not less 

17 than 24 months notice before the acceler18 ated deadline takes effect. 

19 (3) IMPLEMENTATION DEADLINE.—The revised 

20 ballast water performance standard under paragraph 

21 (1) shall apply to a vessel beginning on the date of 

22 the first drydocking of the vessel on or after Janu23 ary 1, 2022, but not later than December 31, 2024. 

24 (4) REVISED PERFORMANCE STANDARD COM25 PLIANCE DEADLINES.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1295 

HR 4909 PCS

1 (A) IN GENERAL.—The Secretary may es2 tablish a compliance deadline for compliance by 

3 a vessel (or a class, type, or size of vessel) with 

4 a revised ballast water performance standard 

5 under this subsection. 

6 (B) PROCESS FOR GRANTING EXTEN7 SIONS.—In issuing regulations under this sub8 section, the Secretary shall establish a process 

9 for an owner or operator to submit a petition 

10 to the Secretary for an extension of a compli11 ance deadline with respect to the vessel of the 

12 owner or operator. 

13 (C) PERIOD OF EXTENSIONS.—An exten14 sion issued under subparagraph (B) may— 

15 (i) apply for a period of not to exceed 

16 18 months from the date of the applicable 

17 deadline under subparagraph (A); and 

18 (ii) be renewable for an additional pe19 riod of not to exceed 18 months. 

20 (D) FACTORS.—In issuing a compliance 

21 deadline or reviewing a petition under this 

22 paragraph, the Secretary shall consider, with 

23 respect to the ability of an owner or operator to 

24 meet a compliance deadline, the following fac25 tors: 


emcdonald on DSK3SPTVN1PROD with BILLS
1296 

HR 4909 PCS

1 (i) Whether the treatment technology 

2 to be installed is available in sufficient 

3 quantities to meet the compliance deadline. 

4 (ii) Whether there is sufficient ship5 yard or other installation facility capacity. 

6 (iii) Whether there is sufficient avail7 ability of engineering and design resources. 

8 (iv) Vessel characteristics, such as en9 gine room size, layout, or a lack of in10 stalled piping. 

11 (v) Electric power generating capacity 

12 aboard the vessel. 

13 (vi) Safety of the vessel and crew. 

14 (E) CONSIDERATION OF PETITIONS.— 

15 (i) DETERMINATIONS.—The Secretary 

16 shall approve or deny a petition for an ex17 tension of a compliance deadline submitted 

18 by an owner or operator under this para19 graph. 

20 (ii) DEADLINE.—If the Secretary does 

21 not approve or deny a petition referred to 

22 in clause (i) on or before the last day of 

23 the 90-day period beginning on the date of 

24 submission of the petition, the petition 

25 shall be deemed approved. 


emcdonald on DSK3SPTVN1PROD with BILLS
1297 

HR 4909 PCS

1 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL

2 DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 

3 (1) REVISED BALLAST WATER PERFORMANCE

4 STANDARDS.—The Secretary, in consultation with 

5 the Administrator, shall complete a review, 10 years 

6 after the issuance of a final rule under subsection 

7 (b) and every 10 years thereafter, to determine 

8 whether further revision of the ballast water per9 formance standard would result in a scientifically de10 monstrable and substantial reduction in the risk of 

11 the introduction or establishment of aquatic nui12 sance species. 

13 (2) REVISED STANDARDS FOR DISCHARGES

14 OTHER THAN BALLAST WATER.—The Secretary, in 

15 consultation with the Administrator, may include in 

16 a decennial review under this subsection best man17 agement practices for discharges covered by sub18 section (a)(2). The Secretary shall initiate a rule19 making to revise 1 or more best management prac20 tices for such discharges after a decennial review if 

21 the Secretary, in consultation with the Adminis22 trator, determines that revising 1 or more of such 

23 practices would substantially reduce the impacts on 

24 navigable waters of discharges incidental to the nor25 mal operation of a vessel other than ballast water. 


emcdonald on DSK3SPTVN1PROD with BILLS
1298 

HR 4909 PCS

1 (3) CONSIDERATIONS.—In conducting a review 

2 under paragraph (1), the Secretary, the Adminis3 trator, and the heads of other appropriate Federal 

4 agencies as determined by the Secretary, shall con5 sider the criteria under subsection (b)(2)(B). 

6 (4) REVISION AFTER DECENNIAL REVIEW.— 

7 The Secretary shall initiate a rulemaking to revise 

8 the current ballast water performance standard after 

9 a decennial review if the Secretary, in consultation 

10 with the Administrator, determines that revising the 

11 current ballast water performance standard would 

12 result in a scientifically demonstrable and substan13 tial reduction in the risk of the introduction or es14 tablishment of aquatic nuisance species. 

15 SEC. 3605. TREATMENT TECHNOLOGY CERTIFICATION. 

16 (a) CERTIFICATION REQUIRED.—Beginning 60 days 

17 after the date that the requirements for testing protocols 

18 are issued under subsection (i), no manufacturer of a bal19 last water treatment technology shall sell, offer for sale, 

20 or introduce or deliver for introduction into interstate 

21 commerce, or import into the United States for sale or 

22 resale, a ballast water treatment technology for a vessel 

23 unless the treatment technology has been certified under 

24 this section. 

25 (b) CERTIFICATION PROCESS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1299 

HR 4909 PCS

1 (1) EVALUATION.—Upon application of a man2 ufacturer, the Secretary shall evaluate a ballast 

3 water treatment technology with respect to— 

4 (A) the effectiveness of the treatment tech5 nology in achieving the current ballast water 

6 performance standard when installed on a ves7 sel (or a class, type, or size of vessel); 

8 (B) the compatibility with vessel design 

9 and operations; 

10 (C) the effect of the treatment technology 

11 on vessel safety; 

12 (D) the impact on the environment; 

13 (E) the cost effectiveness; and 

14 (F) any other criteria the Secretary con15 siders appropriate. 

16 (2) APPROVAL.—If after an evaluation under 

17 paragraph (1) the Secretary determines that the 

18 treatment technology meets the criteria, the Sec19 retary may certify the treatment technology for use 

20 on a vessel (or a class, type, or size of vessel). 

21 (3) SUSPENSION AND REVOCATION.—The Sec22 retary shall establish, by regulation, a process to 

23 suspend or revoke a certification issued under this 

24 section. 

25 (c) CERTIFICATION CONDITIONS.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1300 

HR 4909 PCS

1 (1) IMPOSITION OF CONDITIONS.—In certifying 

2 a ballast water treatment technology under this sec3 tion, the Secretary, in consultation with the Admin4 istrator, may impose any condition on the subse5 quent installation, use, or maintenance of the treat6 ment technology onboard a vessel as is necessary 

7 for— 

8 (A) the safety of the vessel, the crew of the 

9 vessel, and any passengers aboard the vessel; 

10 (B) the protection of the environment; or 

11 (C) the effective operation of the treatment 

12 technology. 

13 (2) FAILURE TO COMPLY.—The failure of an 

14 owner or operator to comply with a condition im15 posed under paragraph (1) shall be considered a vio16 lation of this section. 

17 (d) PERIOD FOR USE OF INSTALLED TREATMENT

18 EQUIPMENT.—Notwithstanding anything to the contrary 

19 in this title or any other provision of law, the Secretary 

20 shall allow a vessel on which a system is installed and op21 erated to meet a ballast water performance standard 

22 under this title to continue to use that system, notwith23 standing any revision of a ballast water performance 

24 standard occurring after the system is ordered or installed 


emcdonald on DSK3SPTVN1PROD with BILLS
1301 

HR 4909 PCS

1 until the expiration of the service life of the system, as 

2 determined by the Secretary, so long as the system— 

3 (1) is maintained in proper working condition; 

4 and 

5 (2) is maintained and used in accordance with 

6 the manufacturer’s specifications and any treatment 

7 technology certification conditions imposed by the 

8 Secretary under this section. 

9 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

10 TREATMENT TECHNOLOGY.— 

11 (1) ISSUANCE.—If the Secretary approves a 

12 ballast water treatment technology for certification 

13 under subsection (b), the Secretary shall issue a cer14 tificate of type approval for the treatment technology 

15 to the manufacturer in such form and manner as the 

16 Secretary determines appropriate. 

17 (2) CERTIFICATION CONDITIONS.—A certificate 

18 of type approval issued under paragraph (1) shall 

19 specify each condition imposed by the Secretary 

20 under subsection (c). 

21 (3) OWNERS AND OPERATORS.—A manufac22 turer that receives a certificate of type approval for 

23 the treatment technology under this subsection shall 

24 provide a copy of the certificate to each owner and 


emcdonald on DSK3SPTVN1PROD with BILLS
1302 

HR 4909 PCS

1 operator of a vessel on which the treatment tech2 nology is installed. 

3 (f) INSPECTIONS.—An owner or operator who re4 ceives a copy of a certificate under subsection (e)(3) shall 

5 retain a copy of the certificate onboard the vessel and 

6 make the copy of the certificate available for inspection 

7 at all times while the owner or operator is utilizing the 

8 treatment technology. 

9 (g) BIOCIDES.—The Secretary may not approve a 

10 ballast water treatment technology under subsection (b) 

11 if— 

12 (1) it uses a biocide or generates a biocide that 

13 is a pesticide, as defined in section 2 of the Federal 

14 Insecticide, Fungicide, and Rodenticide Act (7 

15 U.S.C. 136), unless the biocide is registered under 

16 that Act or the Secretary, in consultation with Ad17 ministrator, has approved the use of the biocide in 

18 such treatment technology; or 

19 (2) it uses or generates a biocide the discharge 

20 of which causes or contributes to a violation of a 

21 water quality standard under section 303 of the 

22 Federal Water Pollution Control Act (33 U.S.C. 

23 1313). 

24 (h) PROHIBITION.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1303 

HR 4909 PCS

1 (1) IN GENERAL.—Except as provided in para2 graph (2), the use of a ballast water treatment tech3 nology by an owner or operator of a vessel shall not 

4 satisfy the requirements of this title unless it has 

5 been approved by the Secretary under subsection 

6 (b). 

7 (2) EXCEPTIONS.— 

8 (A) COAST GUARD SHIPBOARD TECH9 NOLOGY EVALUATION PROGRAM.—An owner or 

10 operator may use a ballast water treatment 

11 technology that has not been certified by the 

12 Secretary to comply with the requirements of 

13 this section if the technology is being evaluated 

14 under the Coast Guard Shipboard Technology 

15 Evaluation Program. 

16 (B) BALLAST WATER TREATMENT TECH17 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

18 An owner or operator may use a ballast water 

19 treatment technology that has not been certified 

20 by the Secretary to comply with the require21 ments of this section if the technology has been 

22 certified by a foreign entity and the certification 

23 demonstrates performance and safety of the 

24 treatment technology equivalent to the requireVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01303 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1304 

HR 4909 PCS

1 ments of this section, as determined by the Sec2 retary. 

3 (i) TESTING PROTOCOLS.—Not later than 180 days 

4 after the date of enactment of this Act, the Administrator, 

5 in consultation with the Secretary, shall issue require6 ments for land-based and shipboard testing protocols or 

7 criteria for— 

8 (1) certifying the performance of each ballast 

9 water treatment technology under this section; and 

10 (2) certifying laboratories to evaluate such 

11 treatment technologies. 

12 SEC. 3606. EXEMPTIONS. 

13 (a) IN GENERAL.—No permit shall be required or 

14 prohibition enforced under any other provision of law for, 

15 nor shall any standards regarding a discharge incidental 

16 to the normal operation of a vessel under this title apply 

17 to— 

18 (1) a discharge incidental to the normal oper19 ation of a vessel if the vessel is less than 79 feet in 

20 length and engaged in commercial service (as de21 fined in section 2101(5) of title 46, United States 

22 Code); 

23 (2) a discharge incidental to the normal oper24 ation of a vessel if the vessel is a fishing vessel, in25 cluding a fish processing vessel and a fish tender 


emcdonald on DSK3SPTVN1PROD with BILLS
1305 

HR 4909 PCS

1 vessel (as defined in section 2101 of title 46, United 

2 States Code); 

3 (3) a discharge incidental to the normal oper4 ation of a vessel if the vessel is a recreational vessel 

5 (as defined in section 2101(25) of title 46, United 

6 States Code); 

7 (4) the placement, release, or discharge of 

8 equipment, devices, or other material from a vessel 

9 for the sole purpose of conducting research on the 

10 aquatic environment or its natural resources in ac11 cordance with generally recognized scientific meth12 ods, principles, or techniques; 

13 (5) any discharge into navigable waters from a 

14 vessel authorized by an on-scene coordinator in ac15 cordance with part 300 of title 40, Code of Federal 

16 Regulations, or part 153 of title 33, Code of Federal 

17 Regulations; 

18 (6) any discharge into navigable waters from a 

19 vessel that is necessary to secure the safety of the 

20 vessel or human life, or to suppress a fire onboard 

21 the vessel or at a shoreside facility; or 

22 (7) a vessel of the armed forces of a foreign na23 tion when engaged in noncommercial service. 

24 (b) BALLAST WATER DISCHARGES.—No permit shall 

25 be required or prohibition enforced under any other proviVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01305 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1306 

HR 4909 PCS

1 sion of law for, nor shall any ballast water performance 

2 standards under this title apply to— 

3 (1) a ballast water discharge incidental to the 

4 normal operation of a vessel determined by the Sec5 retary to— 

6 (A) operate exclusively within a geographi7 cally limited area; 

8 (B) take up and discharge ballast water 

9 exclusively within 1 Captain of the Port Zone 

10 established by the Coast Guard, unless the Sec11 retary determines such discharge poses a sub12 stantial risk of introduction or establishment of 

13 an aquatic nuisance species; 

14 (C) operate pursuant to a geographic re15 striction issued as a condition under section 

16 3309 of title 46, United States Code, or an 

17 equivalent restriction issued by the country of 

18 registration of the vessel; or 

19 (D) continuously take on and discharge 

20 ballast water in a flow-through system that 

21 does not introduce aquatic nuisance species into 

22 navigable waters; 

23 (2) a ballast water discharge incidental to the 

24 normal operation of a vessel consisting entirely of 

25 water suitable for human consumption; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1307 

HR 4909 PCS

1 (3) a ballast water discharge incidental to the 

2 normal operation of a vessel in an alternative com3 pliance program established pursuant to section 

4 3607. 

5 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

6 No permit shall be required or prohibition enforced under 

7 any other provision of law for, nor shall any ballast water 

8 performance standard under this title apply to, a vessel 

9 that carries all of its permanent ballast water in sealed 

10 tanks that are not subject to discharge. 

11 (d) VESSELS OF THE ARMED FORCES.—Nothing in 

12 this title shall be construed to apply to the following ves13 sels: 

14 (1) A vessel owned or operated by the Depart15 ment of Defense (other than a time-chartered or 

16 voyage-chartered vessel). 

17 (2) A vessel of the Coast Guard, as designated 

18 by the Secretary of the department in which the 

19 Coast Guard is operating. 

20 SEC. 3607. ALTERNATIVE COMPLIANCE PROGRAM. 

21 (a) IN GENERAL.—The Secretary, in consultation 

22 with the Administrator, may promulgate regulations es23 tablishing 1 or more compliance programs as an alter24 native to ballast water management regulations issued 

25 under section 3604 for a vessel that— 


emcdonald on DSK3SPTVN1PROD with BILLS
1308 

HR 4909 PCS

1 (1) has a maximum ballast water capacity of 

2 less than 8 cubic meters; 

3 (2) is less than 3 years from the end of the use4 ful life of the vessel, as determined by the Secretary; 

5 or 

6 (3) discharges ballast water into a facility for 

7 the reception of ballast water that meets standards 

8 promulgated by the Administrator, in consultation 

9 with the Secretary. 

10 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

11 later than 1 year after the date of enactment of this Act, 

12 the Administrator, in consultation with the Secretary, 

13 shall promulgate standards for— 

14 (1) the reception of ballast water from a vessel 

15 into a reception facility; and 

16 (2) the disposal or treatment of the ballast 

17 water under paragraph (1). 

18 SEC. 3608. JUDICIAL REVIEW. 

19 (a) IN GENERAL.—An interested person may file a 

20 petition for review of a final regulation promulgated under 

21 this title in the United States Court of Appeals for the 

22 District of Columbia Circuit. 

23 (b) DEADLINE.—A petition shall be filed not later 

24 than 120 days after the date that notice of the promulga25 tion appears in the Federal Register. 


emcdonald on DSK3SPTVN1PROD with BILLS
1309 

HR 4909 PCS

1 (c) EXCEPTION.—Notwithstanding subsection (b), a 

2 petition that is based solely on grounds that arise after 

3 the deadline to file a petition under subsection (b) has 

4 passed may be filed not later than 120 days after the date 

5 that the grounds first arise. 

6 SEC. 3609. EFFECT ON STATE AUTHORITY. 

7 (a) IN GENERAL.—No State or political subdivision 

8 thereof may adopt or enforce any statute or regulation of 

9 the State or political subdivision with respect to a dis10 charge incidental to the normal operation of a vessel after 

11 the date of enactment of this Act. 

12 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

13 (a), a State or political subdivision thereof may enforce 

14 a statute or regulation of the State or political subdivision 

15 with respect to ballast water discharges incidental to the 

16 normal operation of a vessel that specifies a ballast water 

17 performance standard that is more stringent than the bal18 last water performance standard under section 

19 3604(a)(1)(A) and is in effect on the date of enactment 

20 of this Act if the Secretary, after consultation with the 

21 Administrator and any other Federal department or agen22 cy the Secretary considers appropriate, makes a deter23 mination that— 


emcdonald on DSK3SPTVN1PROD with BILLS
1310 

HR 4909 PCS

1 (1) compliance with any performance standard 

2 specified in the statute or regulation can in fact be 

3 achieved and detected; 

4 (2) the technology and systems necessary to 

5 comply with the statute or regulation are commer6 cially available; and 

7 (3) the statute or regulation is consistent with 

8 obligations under relevant international treaties or 

9 agreements to which the United States is a party. 

10 (c) PETITION PROCESS.— 

11 (1) SUBMISSION.—The Governor of a State 

12 seeking to enforce a statute or regulation under sub13 section (b) shall submit a petition requesting the 

14 Secretary to review the statute or regulation. 

15 (2) CONTENTS; DEADLINE.—A petition shall— 

16 (A) be accompanied by the scientific and 

17 technical information on which the petition is 

18 based; and 

19 (B) be submitted to the Secretary not later 

20 than 90 days after the date of enactment of 

21 this Act. 

22 (3) DETERMINATIONS.—The Secretary shall 

23 make a determination on a petition under this sub24 section not later than 90 days after the date that 

25 the petition is received. 


emcdonald on DSK3SPTVN1PROD with BILLS
1311 

HR 4909 PCS

1 SEC. 3610. APPLICATION WITH OTHER STATUTES. 

2 Notwithstanding any other provision of law, this title 

3 shall be the exclusive statutory authority for regulation by 

4 the Federal Government of discharges incidental to the 

5 normal operation of a vessel to which this title applies. 

6 Except as provided under section 3604(a)(1)(A), any reg7 ulation in effect on the date immediately preceding the ef8 fective date of this Act relating to any permitting require9 ment for or prohibition on discharges incidental to the 

10 normal operation of a vessel to which this title applies 

11 shall be deemed to be a regulation issued pursuant to the 

12 authority of this title and shall remain in full force and 

13 effect unless or until superseded by new regulations issued 

14 hereunder. 

15 DIVISION D—FUNDING TABLES 

16 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA17 BLES. 

18 (a) IN GENERAL.—Whenever a funding table in this 

19 division specifies a dollar amount authorized for a project, 

20 program, or activity, the obligation and expenditure of the 

21 specified dollar amount for the project, program, or activ22 ity is hereby authorized, subject to the availability of ap23 propriations. 

24 (b) MERIT-BASED DECISIONS.—A decision to com25 mit, obligate, or expend funds with or to a specific entity 


emcdonald on DSK3SPTVN1PROD with BILLS
1312 

HR 4909 PCS

1 on the basis of a dollar amount authorized pursuant to 

2 subsection (a) shall— 

3 (1) be based on merit-based selection proce4 dures in accordance with the requirements of sec5 tions 2304(k) and 2374 of title 10, United States 

6 Code, or on competitive procedures; and 

7 (2) comply with other applicable provisions of 

8 law. 

9 (c) RELATIONSHIP TO TRANSFER AND PROGRAM10 MING AUTHORITY.—An amount specified in the funding 

11 tables in this division may be transferred or repro12 grammed under a transfer or reprogramming authority 

13 provided by another provision of this Act or by other law. 

14 The transfer or reprogramming of an amount specified in 

15 such funding tables shall not count against a ceiling on 

16 such transfers or reprogrammings under section 1001 or 

17 section 1522 of this Act or any other provision of law, 

18 unless such transfer or reprogramming would move funds 

19 between appropriation accounts. 

20 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

21 section applies to any classified annex that accompanies 

22 this Act. 

23 (e) ORAL AND WRITTEN COMMUNICATIONS.—No 

24 oral or written communication concerning any amount 


emcdonald on DSK3SPTVN1PROD with BILLS
1313 

HR 4909 PCS

1 specified in the funding tables in this division shall super2 sede the requirements of this section. 

3 TITLE XLI—PROCUREMENT 

4 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT ........................................................................................ 57,529 57,529 

003 MQ–1 UAV .................................................................................................................. 55,388 84,988 

Ground Mounted Airspace Deconfliction Radar .................................................. [29,600 ] 

ROTARY 

006 AH–64 APACHE BLOCK IIIA REMAN .................................................................. 803,084 803,084 

007 ADVANCE PROCUREMENT (CY) ...................................................................... 185,160 185,160 

008 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 755,146 755,146 

009 ADVANCE PROCUREMENT (CY) ...................................................................... 174,107 174,107 

010 UH–60 BLACK HAWK A AND L MODELS ........................................................... 46,173 46,173 

011 CH–47 HELICOPTER ............................................................................................... 556,257 556,257 

012 ADVANCE PROCUREMENT (CY) ...................................................................... 8,707 8,707 

MODIFICATION OF AIRCRAFT 

013 MQ–1 PAYLOAD (MIP) ............................................................................................ 43,735 43,735

015 MULTI SENSOR ABN RECON (MIP) .................................................................... 94,527 94,527 

016 AH–64 MODS ............................................................................................................. 137,883 137,883 

017 CH–47 CARGO HELICOPTER MODS (MYP) ........................................................ 102,943 102,943 

018 GRCS SEMA MODS (MIP) ....................................................................................... 4,055 4,055 

019 ARL SEMA MODS (MIP) .......................................................................................... 6,793 6,793 

020 EMARSS SEMA MODS (MIP) .................................................................................. 13,197 13,197 

021 UTILITY/CARGO AIRPLANE MODS ...................................................................... 17,526 17,526 

022 UTILITY HELICOPTER MODS .............................................................................. 10,807 10,807 

023 NETWORK AND MISSION PLAN .......................................................................... 74,752 74,752 

024 COMMS, NAV SURVEILLANCE .............................................................................. 69,960 69,960 

025 GATM ROLLUP ......................................................................................................... 45,302 45,302 

026 RQ–7 UAV MODS ...................................................................................................... 71,169 71,169 

027 UAS MODS ................................................................................................................. 21,804 26,224 

Realign APS Unit Set Requirements from OCO ................................................. [4,420 ] 

GROUND SUPPORT AVIONICS 

028 AIRCRAFT SURVIVABILITY EQUIPMENT ......................................................... 67,377 67,377 

029 SURVIVABILITY CM ................................................................................................ 9,565 9,565

030 CMWS .......................................................................................................................... 41,626 41,626 

OTHER SUPPORT 

032 AVIONICS SUPPORT EQUIPMENT ....................................................................... 7,007 7,007 

033 COMMON GROUND EQUIPMENT ......................................................................... 48,234 48,234 

034 AIRCREW INTEGRATED SYSTEMS ..................................................................... 30,297 30,297 

035 AIR TRAFFIC CONTROL ........................................................................................ 50,405 50,405 

036 INDUSTRIAL FACILITIES ..................................................................................... 1,217 1,217 

037 LAUNCHER, 2.75 ROCKET ..................................................................................... 3,055 3,055 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................................. 3,614,787 3,648,807 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) ......................................... 126,470 126,470 

002 MSE MISSILE ............................................................................................................ 423,201 423,201 

003 ADVANCE PROCUREMENT (CY) ...................................................................... 19,319 19,319 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY .................................................................................... 42,013 42,013 

005 JOINT AIR-TO-GROUND MSLS (JAGM) ............................................................... 64,751 64,751 

006 ADVANCE PROCUREMENT (CY) ...................................................................... 37,100 37,100 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................ 73,508 89,075 

Realign APS Unit Set Requirements from OCO ................................................. [15,567 ] 

008 TOW 2 SYSTEM SUMMARY .................................................................................... 64,922 145,574 

Realign APS Unit Set Requirements from OCO ................................................. [80,652 ] 

009 ADVANCE PROCUREMENT (CY) ...................................................................... 19,949 19,949 

010 GUIDED MLRS ROCKET (GMLRS) ....................................................................... 172,088 248,079 

Realign APS Unit Set Requirements from OCO ................................................. [75,991 ] 

011 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ................................. 18,004 18,004 

MODIFICATIONS 

013 PATRIOT MODS ........................................................................................................ 197,107 197,107 

014 ATACMS MODS ......................................................................................................... 150,043 150,043 

015 GMLRS MOD .............................................................................................................. 395 395 

017 AVENGER MODS ...................................................................................................... 33,606 33,606 

018 ITAS/TOW MODS ...................................................................................................... 383 383 


emcdonald on DSK3SPTVN1PROD with BILLS
1314 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

019 MLRS MODS .............................................................................................................. 34,704 34,704 

020 HIMARS MODIFICATIONS ..................................................................................... 1,847 1,847 

SPARES AND REPAIR PARTS 

021 SPARES AND REPAIR PARTS ............................................................................... 34,487 34,487 

SUPPORT EQUIPMENT & FACILITIES 

022 AIR DEFENSE TARGETS ....................................................................................... 4,915 4,915 

024 PRODUCTION BASE SUPPORT ............................................................................. 1,154 1,154 

TOTAL MISSILE PROCUREMENT, ARMY ..................................... 1,519,966 1,692,176 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE ................................................................................................ 71,680 71,680 

MODIFICATION OF TRACKED COMBAT VEHICLES 

002 STRYKER (MOD) ...................................................................................................... 74,348 74,348 

003 STRYKER UPGRADE ............................................................................................... 444,561 444,561 

005 BRADLEY PROGRAM (MOD) ................................................................................. 276,433 276,433 

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ............................................... 63,138 63,138 

007 PALADIN INTEGRATED MANAGEMENT (PIM) ................................................ 469,305 594,489 

Realign APS Unit Set Requirements from OCO ................................................. [125,184 ] 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ................................. 91,963 91,963 

009 ASSAULT BRIDGE (MOD) ...................................................................................... 3,465 9,415 

Realign APS Unit Set Requirements from OCO ................................................. [5,950 ] 

010 ASSAULT BREACHER VEHICLE .......................................................................... 2,928 2,928 

011 M88 FOV MODS ........................................................................................................ 8,685 8,685 

012 JOINT ASSAULT BRIDGE ...................................................................................... 64,752 64,752 

013 M1 ABRAMS TANK (MOD) ...................................................................................... 480,166 480,166 

014 ABRAMS UPGRADE PROGRAM ............................................................................. 172,200 

Realign APS Unit Set Requirements from OCO ................................................. [172,200 ] 

WEAPONS & OTHER COMBAT VEHICLES 

016 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY .................................. 9,764 9,764 

017 MORTAR SYSTEMS .................................................................................................. 8,332 8,332

018 XM320 GRENADE LAUNCHER MODULE (GLM) ............................................... 3,062 3,062 

019 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ............................................... 992 992 

020 CARBINE .................................................................................................................... 40,493 40,493 

021 COMMON REMOTELY OPERATED WEAPONS STATION ................................ 25,164 25,164 

MOD OF WEAPONS AND OTHER COMBAT VEH 

022 MK–19 GRENADE MACHINE GUN MODS ........................................................... 4,959 4,959 

023 M777 MODS ............................................................................................................... 11,913 11,913 

024 M4 CARBINE MODS ................................................................................................. 29,752 29,752 

025 M2 50 CAL MACHINE GUN MODS ........................................................................ 48,582 48,582 

026 M249 SAW MACHINE GUN MODS ......................................................................... 1,179 1,179 

027 M240 MEDIUM MACHINE GUN MODS ................................................................ 1,784 1,784 

028 SNIPER RIFLES MODIFICATIONS ....................................................................... 971 971 

029 M119 MODIFICATIONS ........................................................................................... 6,045 6,045 

030 MORTAR MODIFICATION ...................................................................................... 12,118 12,118 

031 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ........................................ 3,157 3,157 

SUPPORT EQUIPMENT & FACILITIES 

032 ITEMS LESS THAN $5.0M (WOCV-WTCV) ........................................................... 2,331 2,331 

035 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ........................................ 3,155 3,155 

036 BRADLEY PROGRAM .............................................................................................. 72,800 

Realign APS Unit Set Requirements from OCO ................................................. [72,800 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ................................ 2,265,177 2,641,311 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ...................................................................................... 40,296 40,296 

002 CTG, 7.62MM, ALL TYPES ...................................................................................... 39,237 48,879 

Realign APS Unit Set Requirements from OCO ................................................. [9,642 ] 

003 CTG, HANDGUN, ALL TYPES ............................................................................... 5,193 5,193 

004 CTG, .50 CAL, ALL TYPES ..................................................................................... 46,693 52,691 

Realign APS Unit Set Requirements from OCO ................................................. [5,998 ] 

005 CTG, 20MM, ALL TYPES ......................................................................................... 7,000 8,077 

Realign APS Unit Set Requirements from OCO ................................................. [1,077 ] 

006 CTG, 25MM, ALL TYPES ......................................................................................... 7,753 34,987 

Program reduction ............................................................................................... [–1,300 ] 

Realign APS Unit Set Requirements from OCO ................................................. [28,534 ] 

007 CTG, 30MM, ALL TYPES ......................................................................................... 47,000 47,000 

008 CTG, 40MM, ALL TYPES ......................................................................................... 118,178 115,501 

Realign APS Unit Set Requirements from OCO ................................................. [7,423 ] 

Unobligated balances ........................................................................................... [–10,100 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ................................................................................. 69,784 69,784 

010 81MM MORTAR, ALL TYPES ................................................................................. 36,125 38,802 

Realign APS Unit Set Requirements from OCO ................................................. [2,677 ] 

011 120MM MORTAR, ALL TYPES ............................................................................... 69,133 69,133 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ................................. 120,668 129,667 

Realign APS Unit Set Requirements from OCO ................................................. [8,999 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1315 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ............................... 64,800 64,800 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................... 109,515 129,863 

Realign APS Unit Set Requirements from OCO ................................................. [20,348 ] 

015 PROJ 155MM EXTENDED RANGE M982 ............................................................. 39,200 39,340 

Realign APS Unit Set Requirements from OCO ................................................. [140 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................ 70,881 95,536 

Realign APS Unit Set Requirements from OCO ................................................. [24,655 ] 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES .................................................... 16,866 

Realign APS Unit Set Requirements from OCO ................................................. [16,866 ] 

NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES .................................................. 10,353 

Realign APS Unit Set Requirements from OCO ................................................. [10,353 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ......................................... 38,000 101,210 

Realign APS Unit Set Requirements from OCO ................................................. [63,210 ] 

020 ROCKET, HYDRA 70, ALL TYPES ........................................................................ 87,213 87,213 

OTHER AMMUNITION 

021 CAD/PAD, ALL TYPES ............................................................................................ 4,914 4,914 

022 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 6,380 12,753 

Realign APS Unit Set Requirements from OCO ................................................. [6,373 ] 

023 GRENADES, ALL TYPES ........................................................................................ 22,760 26,903 

Realign APS Unit Set Requirements from OCO ................................................. [4,143 ] 

024 SIGNALS, ALL TYPES ............................................................................................. 10,666 12,518 

Realign APS Unit Set Requirements from OCO ................................................. [1,852 ] 

025 SIMULATORS, ALL TYPES .................................................................................... 7,412 7,412 

MISCELLANEOUS 

026 AMMO COMPONENTS, ALL TYPES ...................................................................... 12,726 12,726 

027 NON-LETHAL AMMUNITION, ALL TYPES ......................................................... 6,100 6,873 

Realign APS Unit Set Requirements from OCO ................................................. [773 ] 

028 ITEMS LESS THAN $5 MILLION (AMMO) .......................................................... 10,006 10,006 

029 AMMUNITION PECULIAR EQUIPMENT ............................................................. 17,275 13,575 

Program reduction- excess carryover ................................................................... [–3,700 ] 

030 FIRST DESTINATION TRANSPORTATION (AMMO) ......................................... 14,951 14,951 

PRODUCTION BASE SUPPORT 

032 INDUSTRIAL FACILITIES ..................................................................................... 222,269 242,269 

Program increase ................................................................................................. [20,000 ] 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION ....................................... 157,383 157,383 

034 ARMS INITIATIVE ................................................................................................... 3,646 3,646 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .................. 1,513,157 1,731,120 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS .................................................................... 3,733 3,733 

002 SEMITRAILERS, FLATBED: .................................................................................. 3,716 7,896 

Realign APS Unit Set Requirements from OCO ................................................. [4,180 ] 

003 HI MOB MULTI-PURP WHLD VEH (HMMWV) ................................................... 50,000 

HMMWV M997A3 ambulance recapitalization for Active Component ............... [50,000 ] 

004 GROUND MOBILITY VEHICLES (GMV) .............................................................. 4,907 4,907 

006 JOINT LIGHT TACTICAL VEHICLE .................................................................... 587,514 587,514 

007 TRUCK, DUMP, 20T (CCE) ..................................................................................... 3,927 3,927 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................. 53,293 200,769 

Realign APS Unit Set Requirements from OCO ................................................. [147,476 ] 

009 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ................................... 7,460 7,460 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ......................................... 39,564 45,686 

Realign APS Unit Set Requirements from OCO ................................................. [6,122 ] 

011 PLS ESP ..................................................................................................................... 11,856 118,214 

Realign APS Unit Set Requirements from OCO ................................................. [106,358 ] 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ............................. 76,561 

Realign APS Unit Set Requirements from OCO ................................................. [76,561 ] 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ..................................... 49,751 76,870 

Realign APS Unit Set Requirements from OCO ................................................. [27,119 ] 

014 MODIFICATION OF IN SVC EQUIP ...................................................................... 64,000 57,456 

Program reduction ............................................................................................... [–10,000 ] 

Realign APS Unit Set Requirements from OCO ................................................. [3,456 ] 

015 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS .............................. 10,611 10,611 

NON-TACTICAL VEHICLES 

016 HEAVY ARMORED SEDAN ..................................................................................... 394 394 

018 NONTACTICAL VEHICLES, OTHER .................................................................... 1,755 1,755 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK ........................................... 427,598 434,170 

Realign APS Unit Set Requirements from OCO ................................................. [6,572 ] 

020 SIGNAL MODERNIZATION PROGRAM ................................................................ 58,250 58,250 

021 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ............................. 5,749 5,749 

022 JCSE EQUIPMENT (USREDCOM) ......................................................................... 5,068 5,068 

COMM—SATELLITE COMMUNICATIONS 

023 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ............................. 143,805 143,805 


emcdonald on DSK3SPTVN1PROD with BILLS
1316 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

024 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ..................... 36,580 36,580 

025 SHF TERM ................................................................................................................. 1,985 25,985 

Realign APS Unit Set Requirements from OCO ................................................. [24,000 ] 

027 SMART-T (SPACE) .................................................................................................... 9,165 9,165 

COMM—C3 SYSTEM 

031 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ............................................... 2,530 2,530 

COMM—COMBAT COMMUNICATIONS 

033 HANDHELD MANPACK SMALL FORM FIT (HMS) ........................................... 273,645 273,645 

034 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) .................................. 25,017 25,017 

035 RADIO TERMINAL SET, MIDS LVT(2) ................................................................ 12,326 12,326 

037 TRACTOR DESK ....................................................................................................... 2,034 2,034 

038 TRACTOR RIDE ........................................................................................................ 2,334 2,334 

039 SPIDER APLA REMOTE CONTROL UNIT ........................................................... 1,985 1,985 

040 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ................................... 10,796 10,796 

042 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ......................... 3,607 3,607 

043 UNIFIED COMMAND SUITE .................................................................................. 14,295 14,295 

045 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ............................. 19,893 19,893 

COMM—INTELLIGENCE COMM 

047 CI AUTOMATION ARCHITECTURE ...................................................................... 1,388 1,388 

048 ARMY CA/MISO GPF EQUIPMENT ....................................................................... 5,494 5,494 

INFORMATION SECURITY 

049 FAMILY OF BIOMETRICS ...................................................................................... 2,978 2,978 

051 COMMUNICATIONS SECURITY (COMSEC) ......................................................... 131,356 133,284 

Realign APS Unit Set Requirements from OCO ................................................. [1,928 ] 

052 DEFENSIVE CYBER OPERATIONS ...................................................................... 15,132 15,132 

COMM—LONG HAUL COMMUNICATIONS 

053 BASE SUPPORT COMMUNICATIONS ................................................................... 27,452 27,452 

COMM—BASE COMMUNICATIONS 

054 INFORMATION SYSTEMS ...................................................................................... 122,055 122,055 

055 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM ......................... 4,286 4,286 

056 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM .......................... 131,794 131,794 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

059 JTT/CIBS-M ............................................................................................................... 5,337 5,337 

062 DCGS-A (MIP) ............................................................................................................ 242,514 242,514 

063 JOINT TACTICAL GROUND STATION (JTAGS) ................................................ 4,417 4,417 

064 TROJAN (MIP) .......................................................................................................... 17,455 17,615 

Realign APS Unit Set Requirements from OCO ................................................. [160 ] 

065 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ...................................................... 44,965 44,965 

066 CI HUMINT AUTO REPRTING AND COLL(CHARCS) ....................................... 7,658 7,658 

067 CLOSE ACCESS TARGET RECONNAISSANCE (CATR) ..................................... 7,970 7,970 

068 MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M ....................... 545 545 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

070 LIGHTWEIGHT COUNTER MORTAR RADAR ..................................................... 74,038 99,930 

Realign APS Unit Set Requirements from OCO ................................................. [25,892 ] 

071 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ........................................ 3,235 3,235 

072 AIR VIGILANCE (AV) ............................................................................................... 733 733 

074 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ............................ 1,740 1,740 

075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ....................... 455 455 

076 CI MODERNIZATION ............................................................................................... 176 176 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

077 SENTINEL MODS ..................................................................................................... 40,171 40,171 

078 NIGHT VISION DEVICES ....................................................................................... 163,029 163,029 

079 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ................................... 15,885 15,885 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ................................... 48,427 52,697 

Realign APS Unit Set Requirements from OCO ................................................. [4,270 ] 

081 FAMILY OF WEAPON SIGHTS (FWS) .................................................................. 55,536 55,536 

082 ARTILLERY ACCURACY EQUIP ............................................................................ 4,187 4,187 

085 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ........................................... 137,501 137,501 

086 JOINT EFFECTS TARGETING SYSTEM (JETS) ................................................ 50,726 50,726 

087 MOD OF IN-SVC EQUIP (LLDR) ........................................................................... 28,058 28,058 

088 COMPUTER BALLISTICS: LHMBC XM32 ............................................................ 5,924 5,924 

089 MORTAR FIRE CONTROL SYSTEM ..................................................................... 22,331 22,621 

Realign APS Unit Set Requirements from OCO ................................................. [290 ] 

090 COUNTERFIRE RADARS ........................................................................................ 314,509 281,509 

Unit cost savings .................................................................................................. [–33,000 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

091 FIRE SUPPORT C2 FAMILY .................................................................................. 8,660 8,660 

092 AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................ 54,376 124,334 

Realign APS Unit Set Requirements from OCO ................................................. [69,958 ] 

093 IAMD BATTLE COMMAND SYSTEM .................................................................... 204,969 204,969 

094 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ...................................................... 4,718 4,718 

095 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ........................ 11,063 11,063 

096 MANEUVER CONTROL SYSTEM (MCS) .............................................................. 151,318 151,318 

097 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) .................................. 155,660 155,660 

098 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP .......................... 4,214 4,214 

099 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ............................ 16,185 16,185 

100 MOD OF IN-SVC EQUIPMENT (ENFIRE) ............................................................ 1,565 1,565 

ELECT EQUIP—AUTOMATION 


emcdonald on DSK3SPTVN1PROD with BILLS
1317 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

101 ARMY TRAINING MODERNIZATION ................................................................... 17,693 17,693 

102 AUTOMATED DATA PROCESSING EQUIP ......................................................... 107,960 107,960 

103 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .......................... 6,416 6,416 

104 HIGH PERF COMPUTING MOD PGM (HPCMP) ................................................. 58,614 58,614 

105 CONTRACT WRITING SYSTEM ............................................................................. 986 986 

106 RESERVE COMPONENT AUTOMATION SYS (RCAS) ........................................ 23,828 23,828 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

107 TACTICAL DIGITAL MEDIA .................................................................................. 1,191 1,191 

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...................................... 1,995 2,091 

Realign APS Unit Set Requirements from OCO ................................................. [96 ] 

ELECT EQUIP—SUPPORT 

109 PRODUCTION BASE SUPPORT (C-E) .................................................................. 403 403 

CLASSIFIED PROGRAMS 

110A CLASSIFIED PROGRAMS ....................................................................................... 4,436 4,436 

CHEMICAL DEFENSIVE EQUIPMENT 

111 PROTECTIVE SYSTEMS ......................................................................................... 2,966 2,966 

112 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ............................................. 9,795 9,795 

114 CBRN DEFENSE ...................................................................................................... 17,922 19,763 

Realign APS Unit Set Requirements from OCO ................................................. [1,841 ] 

BRIDGING EQUIPMENT 

115 TACTICAL BRIDGING ............................................................................................. 13,553 39,553

Realign APS Unit Set Requirements from OCO ................................................. [26,000 ] 

116 TACTICAL BRIDGE, FLOAT-RIBBON .................................................................. 25,244 25,244 

117 BRIDGE SUPPLEMENTAL SET ............................................................................ 983 983 

118 COMMON BRIDGE TRANSPORTER (CBT) RECAP ............................................ 25,176 25,176 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

119 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ................................. 39,350 39,350 

120 AREA MINE DETECTION SYSTEM (AMDS) ....................................................... 10,500 10,500 

121 HUSKY MOUNTED DETECTION SYSTEM (HMDS) .......................................... 274 274 

122 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ................................................. 2,951 2,951 

123 EOD ROBOTICS SYSTEMS RECAPITALIZATION .............................................. 1,949 1,949 

124 ROBOTICS AND APPLIQUE SYSTEMS ................................................................ 5,203 5,471 

Realign APS Unit Set Requirements from OCO ................................................. [268 ] 

125 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ......................... 5,570 5,570 

126 REMOTE DEMOLITION SYSTEMS ....................................................................... 6,238 6,238 

127 < $5M, COUNTERMINE EQUIPMENT ................................................................. 836 836 

128 FAMILY OF BOATS AND MOTORS ....................................................................... 3,171 3,451 

Realign APS Unit Set Requirements from OCO ................................................. [280 ] 

COMBAT SERVICE SUPPORT EQUIPMENT 

129 HEATERS AND ECU’S ............................................................................................ 18,707 19,601 

Realign APS Unit Set Requirements from OCO ................................................. [894 ] 

130 SOLDIER ENHANCEMENT .................................................................................... 2,112 2,112 

131 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ..................................... 10,856 10,856 

132 GROUND SOLDIER SYSTEM ................................................................................. 32,419 32,419 

133 MOBILE SOLDIER POWER .................................................................................... 30,014 30,014 

135 FIELD FEEDING EQUIPMENT ............................................................................. 12,544 15,209 

Realign APS Unit Set Requirements from OCO ................................................. [2,665 ] 

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ........................ 18,509 18,509 

137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ............................. 29,384 39,173 

Realign APS Unit Set Requirements from OCO ................................................. [9,789 ] 

138 ITEMS LESS THAN $5M (ENG SPT) .................................................................... 300 

Realign APS Unit Set Requirements from OCO ................................................. [300 ] 

PETROLEUM EQUIPMENT 

139 QUALITY SURVEILLANCE EQUIPMENT ............................................................ 4,487 9,287 

Realign APS Unit Set Requirements from OCO ................................................. [4,800 ] 

140 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ........................................ 42,656 63,476 

Realign APS Unit Set Requirements from OCO ................................................. [20,820 ] 

MEDICAL EQUIPMENT 

141 COMBAT SUPPORT MEDICAL .............................................................................. 59,761 65,524 

Realign APS Unit Set Requirements from OCO ................................................. [5,763 ] 

MAINTENANCE EQUIPMENT 

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ............................................ 35,694 33,803 

Program reduction ............................................................................................... [–3,500 ] 

Realign APS Unit Set Requirements from OCO ................................................. [1,609 ] 

143 ITEMS LESS THAN $5.0M (MAINT EQ) ............................................................... 2,716 2,861 

Realign APS Unit Set Requirements from OCO ................................................. [145 ] 

CONSTRUCTION EQUIPMENT 

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ............................................................ 1,742 4,789 

Realign APS Unit Set Requirements from OCO ................................................. [3,047 ] 

145 SCRAPERS, EARTHMOVING .................................................................................. 26,233 26,233 

147 HYDRAULIC EXCAVATOR ..................................................................................... 1,123 1,123 

148 TRACTOR, FULL TRACKED .................................................................................. 4,426 

Realign APS Unit Set Requirements from OCO ................................................. [4,426 ] 

149 ALL TERRAIN CRANES .......................................................................................... 65,285 65,285 

151 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ........................................ 1,743 4,643 

Realign APS Unit Set Requirements from OCO ................................................. [2,900 ] 

152 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP ................................ 2,779 2,779 

154 CONST EQUIP ESP .................................................................................................. 26,712 23,212 


emcdonald on DSK3SPTVN1PROD with BILLS
1318 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

Program reduction ............................................................................................... [–3,500 ] 

155 ITEMS LESS THAN $5.0M (CONST EQUIP) ........................................................ 6,649 6,745 

Realign APS Unit Set Requirements from OCO ................................................. [96 ] 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

156 ARMY WATERCRAFT ESP ..................................................................................... 21,860 16,860 

Program reduction ............................................................................................... [–5,000 ] 

157 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ........................................................... 1,967 1,967 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP .......................................................... 113,266 125,727 

Program decrease ................................................................................................. [–7,500 ] 

Realign APS Unit Set Requirements from OCO ................................................. [19,961 ] 

159 TACTICAL ELECTRIC POWER RECAPITALIZATION ....................................... 7,867 7,867 

MATERIAL HANDLING EQUIPMENT 

160 FAMILY OF FORKLIFTS ........................................................................................ 2,307 3,153 

Realign APS Unit Set Requirements from OCO ................................................. [846 ] 

TRAINING EQUIPMENT 

161 COMBAT TRAINING CENTERS SUPPORT .......................................................... 75,359 75,359 

162 TRAINING DEVICES, NONSYSTEM ..................................................................... 253,050 253,050 

163 CLOSE COMBAT TACTICAL TRAINER ................................................................ 48,271 48,271 

164 AVIATION COMBINED ARMS TACTICAL TRAINER ......................................... 40,000 40,000 

165 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ......................... 11,543 11,543 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

166 CALIBRATION SETS EQUIPMENT ....................................................................... 4,963 4,963 

167 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................................... 29,781 29,781 

168 TEST EQUIPMENT MODERNIZATION (TEMOD) .............................................. 6,342 7,482 

Realign APS Unit Set Requirements from OCO ................................................. [1,140 ] 

OTHER SUPPORT EQUIPMENT 

169 M25 STABILIZED BINOCULAR ............................................................................. 3,149 3,149 

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ................................... 18,003 18,003 

171 PHYSICAL SECURITY SYSTEMS (OPA3) ............................................................ 44,082 44,082 

172 BASE LEVEL COMMON EQUIPMENT ................................................................. 2,168 2,168 

173 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ........................................... 67,367 67,367 

174 PRODUCTION BASE SUPPORT (OTH) ................................................................ 1,528 1,528 

175 SPECIAL EQUIPMENT FOR USER TESTING .................................................... 8,289 8,289 

177 TRACTOR YARD ....................................................................................................... 6,888 6,888 

OPA2 

179 INITIAL SPARES—C&E ........................................................................................... 27,243 27,243 

TOTAL OTHER PROCUREMENT, ARMY ........................................ 5,873,949 6,473,477 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

003 JOINT STRIKE FIGHTER CV ................................................................................ 890,650 890,650 

004 ADVANCE PROCUREMENT (CY) ...................................................................... 80,908 80,908 

005 JSF STOVL ................................................................................................................ 2,037,768 2,037,768 

006 ADVANCE PROCUREMENT (CY) ...................................................................... 233,648 233,648 

007 CH–53K (HEAVY LIFT) ........................................................................................... 348,615 348,615 

008 ADVANCE PROCUREMENT (CY) ...................................................................... 88,365 88,365 

009 V–22 (MEDIUM LIFT) .............................................................................................. 1,264,134 1,264,134 

010 ADVANCE PROCUREMENT (CY) ...................................................................... 19,674 19,674 

011 H–1 UPGRADES (UH–1Y/AH–1Z) .......................................................................... 759,778 759,778 

012 ADVANCE PROCUREMENT (CY) ...................................................................... 57,232 57,232 

014 MH–60R (MYP) .......................................................................................................... 61,177 26,177 

Line shutdown costs—early to need .................................................................... [–35,000 ] 

016 P–8A POSEIDON ....................................................................................................... 1,940,238 1,940,238 

017 ADVANCE PROCUREMENT (CY) ...................................................................... 123,140 123,140 

018 E–2D ADV HAWKEYE ............................................................................................. 916,483 916,483 

019 ADVANCE PROCUREMENT (CY) ...................................................................... 125,042 125,042 

TRAINER AIRCRAFT 

020 JPATS ......................................................................................................................... 5,849 5,849 

OTHER AIRCRAFT 

021 KC–130J ...................................................................................................................... 128,870 128,870 

022 ADVANCE PROCUREMENT (CY) ...................................................................... 24,848 24,848 

023 MQ–4 TRITON ........................................................................................................... 409,005 409,005 

024 ADVANCE PROCUREMENT (CY) ...................................................................... 55,652 55,652 

025 MQ–8 UAV .................................................................................................................. 72,435 72,435 

MODIFICATION OF AIRCRAFT 

029 AEA SYSTEMS .......................................................................................................... 51,900 51,900 

030 AV–8 SERIES ............................................................................................................. 60,818 60,818 

031 ADVERSARY .............................................................................................................. 5,191 5,191 

032 F–18 SERIES ............................................................................................................. 1,023,492 986,192 

Unobligated balances ........................................................................................... [–37,300 ] 

034 H–53 SERIES ............................................................................................................. 46,095 46,095 

035 SH–60 SERIES .......................................................................................................... 108,328 108,328 

036 H–1 SERIES ............................................................................................................... 46,333 46,333 

037 EP–3 SERIES ............................................................................................................. 14,681 14,681 

038 P–3 SERIES ............................................................................................................... 2,781 2,781 

039 E–2 SERIES ............................................................................................................... 32,949 32,949 

040 TRAINER A/C SERIES ............................................................................................. 13,199 13,199 


emcdonald on DSK3SPTVN1PROD with BILLS
1319 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

041 C–2A ............................................................................................................................ 19,066 19,066 

042 C–130 SERIES ........................................................................................................... 61,788 61,788 

043 FEWSG ....................................................................................................................... 618 618 

044 CARGO/TRANSPORT A/C SERIES ......................................................................... 9,822 9,822 

045 E–6 SERIES ............................................................................................................... 222,077 222,077 

046 EXECUTIVE HELICOPTERS SERIES .................................................................. 66,835 66,835 

047 SPECIAL PROJECT AIRCRAFT ............................................................................. 16,497 16,497 

048 T–45 SERIES ............................................................................................................. 114,887 114,887 

049 POWER PLANT CHANGES ..................................................................................... 16,893 16,893 

050 JPATS SERIES .......................................................................................................... 17,401 17,401 

051 COMMON ECM EQUIPMENT ................................................................................. 143,773 143,773 

052 COMMON AVIONICS CHANGES ............................................................................ 164,839 164,839 

053 COMMON DEFENSIVE WEAPON SYSTEM ......................................................... 4,403 4,403 

054 ID SYSTEMS .............................................................................................................. 45,768 45,768 

055 P–8 SERIES ............................................................................................................... 18,836 18,836 

056 MAGTF EW FOR AVIATION ................................................................................... 5,676 5,676 

057 MQ–8 SERIES ............................................................................................................ 19,003 19,003 

058 RQ–7 SERIES ............................................................................................................ 3,534 3,534 

059 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................................... 141,545 141,545 

060 F–35 STOVL SERIES ............................................................................................... 34,928 34,928 

061 F–35 CV SERIES ....................................................................................................... 26,004 26,004 

062 QRC ............................................................................................................................. 5,476 5,476 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS ............................................................................... 1,407,626 1,407,626 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

064 COMMON GROUND EQUIPMENT ......................................................................... 390,103 390,103 

065 AIRCRAFT INDUSTRIAL FACILITIES ................................................................. 23,194 23,194 

066 WAR CONSUMABLES .............................................................................................. 40,613 40,613 

067 OTHER PRODUCTION CHARGES ......................................................................... 860 860 

068 SPECIAL SUPPORT EQUIPMENT ........................................................................ 36,282 36,282 

069 FIRST DESTINATION TRANSPORTATION ......................................................... 1,523 1,523 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................................. 14,109,148 14,036,848 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ................................................................................................... 1,103,086 1,103,086 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .................................................................... 6,776 6,776 

STRATEGIC MISSILES 

003 TOMAHAWK .............................................................................................................. 186,905 186,905 

TACTICAL MISSILES 

004 AMRAAM .................................................................................................................... 204,697 204,697 

005 SIDEWINDER ............................................................................................................ 70,912 70,912 

006 JSOW ........................................................................................................................... 2,232 2,232 

007 STANDARD MISSILE ............................................................................................... 501,212 501,212 

008 RAM ............................................................................................................................. 71,557 71,557 

009 JOINT AIR GROUND MISSILE (JAGM) ............................................................... 26,200 26,200 

012 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ............................... 3,316 3,316 

013 AERIAL TARGETS ................................................................................................... 137,484 137,484 

014 OTHER MISSILE SUPPORT ................................................................................... 3,248 3,248 

015 LRASM ........................................................................................................................ 29,643 29,643 

MODIFICATION OF MISSILES 

016 ESSM ........................................................................................................................... 52,935 52,935 

018 HARM MODS ............................................................................................................. 178,213 178,213 

019 STANDARD MISSILES MODS ................................................................................ 8,164 8,164 

SUPPORT EQUIPMENT & FACILITIES 

020 WEAPONS INDUSTRIAL FACILITIES ................................................................. 1,964 1,964 

021 FLEET SATELLITE COMM FOLLOW-ON ........................................................... 36,723 36,723 

ORDNANCE SUPPORT EQUIPMENT 

022 ORDNANCE SUPPORT EQUIPMENT ................................................................... 59,096 59,096 

TORPEDOES AND RELATED EQUIP 

023 SSTD ........................................................................................................................... 5,910 5,910 

024 MK–48 TORPEDO ..................................................................................................... 44,537 44,537 

025 ASW TARGETS .......................................................................................................... 9,302 9,302 

MOD OF TORPEDOES AND RELATED EQUIP 

026 MK–54 TORPEDO MODS ......................................................................................... 98,092 98,092 

027 MK–48 TORPEDO ADCAP MODS ........................................................................... 46,139 46,139 

028 QUICKSTRIKE MINE ............................................................................................... 1,236 1,236 

SUPPORT EQUIPMENT 

029 TORPEDO SUPPORT EQUIPMENT ...................................................................... 60,061 60,061 

030 ASW RANGE SUPPORT ........................................................................................... 3,706 3,706 

DESTINATION TRANSPORTATION 

031 FIRST DESTINATION TRANSPORTATION ......................................................... 3,804 3,804 

GUNS AND GUN MOUNTS 

032 SMALL ARMS AND WEAPONS .............................................................................. 18,002 18,002 

MODIFICATION OF GUNS AND GUN MOUNTS 

033 CIWS MODS ............................................................................................................... 50,900 50,900 

034 COAST GUARD WEAPONS ..................................................................................... 25,295 25,295 


emcdonald on DSK3SPTVN1PROD with BILLS
1320 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

035 GUN MOUNT MODS ................................................................................................. 77,003 77,003 

036 LCS MODULE WEAPONS ....................................................................................... 2,776 2,776 

038 AIRBORNE MINE NEUTRALIZATION SYSTEMS .............................................. 15,753 15,753 

SPARES AND REPAIR PARTS 

040 SPARES AND REPAIR PARTS ............................................................................... 62,383 62,383 

TOTAL WEAPONS PROCUREMENT, NAVY .................................. 3,209,262 3,209,262 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ................................................................................ 91,659 91,659 

002 AIRBORNE ROCKETS, ALL TYPES ...................................................................... 65,759 65,759 

003 MACHINE GUN AMMUNITION .............................................................................. 8,152 8,152 

004 PRACTICE BOMBS ................................................................................................... 41,873 41,873 

005 CARTRIDGES & CART ACTUATED DEVICES .................................................... 54,002 54,002 

006 AIR EXPENDABLE COUNTERMEASURES ......................................................... 57,034 57,034 

007 JATOS ......................................................................................................................... 2,735 2,735 

009 5 INCH/54 GUN AMMUNITION .............................................................................. 19,220 19,220 

010 INTERMEDIATE CALIBER GUN AMMUNITION ............................................... 30,196 30,196 

011 OTHER SHIP GUN AMMUNITION ........................................................................ 39,009 39,009 

012 SMALL ARMS & LANDING PARTY AMMO .......................................................... 46,727 46,727 

013 PYROTECHNIC AND DEMOLITION ..................................................................... 9,806 9,806 

014 AMMUNITION LESS THAN $5 MILLION ............................................................ 2,900 2,900 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ................................................................................. 27,958 27,958 

017 40 MM, ALL TYPES .................................................................................................. 14,758 14,758 

018 60MM, ALL TYPES ................................................................................................... 992 992 

020 120MM, ALL TYPES ................................................................................................. 16,757 16,757 

021 GRENADES, ALL TYPES ........................................................................................ 972 972 

022 ROCKETS, ALL TYPES ........................................................................................... 14,186 14,186 

023 ARTILLERY, ALL TYPES ....................................................................................... 68,656 68,656 

024 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 1,700 1,700 

025 FUZE, ALL TYPES ................................................................................................... 26,088 26,088 

027 AMMO MODERNIZATION ....................................................................................... 14,660 14,660 

028 ITEMS LESS THAN $5 MILLION .......................................................................... 8,569 8,569 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...................... 664,368 664,368 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

001 OHIO REPLACEMENT SUBMARINE ADVANCE PROCUREMENT ................. 773,138 0 

Transfer to Title XIV National Sea-Based Deterrence Fund ............................. [–773,138 ] 

OTHER WARSHIPS 

002 CARRIER REPLACEMENT PROGRAM ................................................................. 1,291,783 1,291,783 

003 ADVANCE PROCUREMENT (CY) ...................................................................... 1,370,784 1,370,784 

004 VIRGINIA CLASS SUBMARINE ............................................................................. 3,187,985 3,187,985 

005 ADVANCE PROCUREMENT (CY) ...................................................................... 1,767,234 1,767,234 

006 CVN REFUELING OVERHAULS ............................................................................ 1,743,220 1,743,220 

007 ADVANCE PROCUREMENT (CY) ...................................................................... 248,599 248,599 

008 DDG 1000 ................................................................................................................... 271,756 271,756 

009 DDG–51 ....................................................................................................................... 3,211,292 3,211,292 

011 LITTORAL COMBAT SHIP ..................................................................................... 1,125,625 1,125,625 

AMPHIBIOUS SHIPS 

016 LHA REPLACEMENT .............................................................................................. 1,623,024 1,623,024 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

020 ADVANCE PROCUREMENT (CY) ...................................................................... 73,079 73,079 

022 MOORED TRAINING SHIP ..................................................................................... 624,527 624,527 

025 OUTFITTING ............................................................................................................. 666,158 666,158 

026 SHIP TO SHORE CONNECTOR ............................................................................. 128,067 128,067 

027 SERVICE CRAFT ...................................................................................................... 65,192 65,192 

028 LCAC SLEP ................................................................................................................ 1,774 1,774 

029 YP CRAFT MAINTENANCE/ROH/SLEP ............................................................... 21,363 21,363 

030 COMPLETION OF PY SHIPBUILDING PROGRAMS .......................................... 160,274 160,274 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .................. 18,354,874 17,581,736 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

003 SURFACE POWER EQUIPMENT ........................................................................... 15,514 15,514 

004 HYBRID ELECTRIC DRIVE (HED) ....................................................................... 40,132 40,132 

GENERATORS 

005 SURFACE COMBATANT HM&E ............................................................................. 29,974 29,974 

NAVIGATION EQUIPMENT 

006 OTHER NAVIGATION EQUIPMENT ..................................................................... 63,942 63,942 

OTHER SHIPBOARD EQUIPMENT 

008 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG .................................... 136,421 136,421 

009 DDG MOD .................................................................................................................. 367,766 367,766 

010 FIREFIGHTING EQUIPMENT ............................................................................... 14,743 14,743 

011 COMMAND AND CONTROL SWITCHBOARD ...................................................... 2,140 2,140 

012 LHA/LHD MIDLIFE ................................................................................................. 24,939 24,939 

014 POLLUTION CONTROL EQUIPMENT .................................................................. 20,191 20,191 


emcdonald on DSK3SPTVN1PROD with BILLS
1321 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

015 SUBMARINE SUPPORT EQUIPMENT .................................................................. 8,995 8,995 

016 VIRGINIA CLASS SUPPORT EQUIPMENT .......................................................... 66,838 66,838 

017 LCS CLASS SUPPORT EQUIPMENT .................................................................... 54,823 54,823 

018 SUBMARINE BATTERIES ...................................................................................... 23,359 23,359 

019 LPD CLASS SUPPORT EQUIPMENT .................................................................... 40,321 40,321 

020 DDG 1000 CLASS SUPPORT EQUIPMENT .......................................................... 33,404 33,404 

021 STRATEGIC PLATFORM SUPPORT EQUIP ........................................................ 15,836 15,836 

022 DSSP EQUIPMENT .................................................................................................. 806 806 

024 LCAC ........................................................................................................................... 3,090 3,090 

025 UNDERWATER EOD PROGRAMS ......................................................................... 24,350 24,350 

026 ITEMS LESS THAN $5 MILLION .......................................................................... 88,719 88,719 

027 CHEMICAL WARFARE DETECTORS ................................................................... 2,873 2,873 

028 SUBMARINE LIFE SUPPORT SYSTEM ............................................................... 6,043 6,043 

REACTOR PLANT EQUIPMENT 

030 REACTOR COMPONENTS ....................................................................................... 342,158 342,158 

OCEAN ENGINEERING 

031 DIVING AND SALVAGE EQUIPMENT .................................................................. 8,973 8,973 

SMALL BOATS 

032 STANDARD BOATS .................................................................................................. 43,684 43,684 

PRODUCTION FACILITIES EQUIPMENT 

034 OPERATING FORCES IPE ...................................................................................... 75,421 75,421 

OTHER SHIP SUPPORT 

035 NUCLEAR ALTERATIONS ...................................................................................... 172,718 172,718 

036 LCS COMMON MISSION MODULES EQUIPMENT ............................................. 27,840 17,840 

RMMV program restructure ................................................................................ [–10,000 ] 

037 LCS MCM MISSION MODULES .............................................................................. 57,146 20,746 

RMMV program restructure ................................................................................ [–36,400 ] 

038 LCS ASW MISSION MODULES .............................................................................. 31,952 21,952 

Early to need ........................................................................................................ [–10,000 ] 

039 LCS SUW MISSION MODULES .............................................................................. 22,466 22,466 

LOGISTIC SUPPORT 

041 LSD MIDLIFE ........................................................................................................... 10,813 10,813 

SHIP SONARS 

042 SPQ–9B RADAR ........................................................................................................ 14,363 14,363 

043 AN/SQQ–89 SURF ASW COMBAT SYSTEM .......................................................... 90,029 90,029 

045 SSN ACOUSTIC EQUIPMENT ................................................................................ 248,765 248,765 

046 UNDERSEA WARFARE SUPPORT EQUIPMENT ............................................... 7,163 7,163 

ASW ELECTRONIC EQUIPMENT 

048 SUBMARINE ACOUSTIC WARFARE SYSTEM .................................................... 21,291 21,291 

049 SSTD ........................................................................................................................... 6,893 6,893 

050 FIXED SURVEILLANCE SYSTEM ........................................................................ 145,701 145,701 

051 SURTASS .................................................................................................................... 36,136 36,136 

ELECTRONIC WARFARE EQUIPMENT 

053 AN/SLQ–32 ................................................................................................................. 274,892 274,892 

RECONNAISSANCE EQUIPMENT 

054 SHIPBOARD IW EXPLOIT ...................................................................................... 170,733 170,733 

055 AUTOMATED IDENTIFICATION SYSTEM (AIS) ............................................... 958 958 

OTHER SHIP ELECTRONIC EQUIPMENT 

057 COOPERATIVE ENGAGEMENT CAPABILITY .................................................... 22,034 22,034 

059 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) .......................... 12,336 12,336 

060 ATDLS ........................................................................................................................ 30,105 30,105 

061 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ......................................... 4,556 4,556 

062 MINESWEEPING SYSTEM REPLACEMENT ....................................................... 56,675 56,675 

063 SHALLOW WATER MCM ......................................................................................... 8,875 8,875 

064 NAVSTAR GPS RECEIVERS (SPACE) ................................................................... 12,752 12,752 

065 AMERICAN FORCES RADIO AND TV SERVICE ................................................ 4,577 4,577 

066 STRATEGIC PLATFORM SUPPORT EQUIP ........................................................ 8,972 8,972 

AVIATION ELECTRONIC EQUIPMENT 

069 ASHORE ATC EQUIPMENT ................................................................................... 75,068 75,068 

070 AFLOAT ATC EQUIPMENT .................................................................................... 33,484 33,484 

076 ID SYSTEMS .............................................................................................................. 22,177 22,177 

077 NAVAL MISSION PLANNING SYSTEMS .............................................................. 14,273 14,273 

OTHER SHORE ELECTRONIC EQUIPMENT 

080 TACTICAL/MOBILE C4I SYSTEMS ....................................................................... 27,927 27,927 

081 DCGS-N ....................................................................................................................... 12,676 12,676 

082 CANES ........................................................................................................................ 212,030 212,030 

083 RADIAC ...................................................................................................................... 8,092 8,092 

084 CANES-INTELL ........................................................................................................ 36,013 36,013 

085 GPETE ........................................................................................................................ 6,428 6,428 

087 INTEG COMBAT SYSTEM TEST FACILITY ........................................................ 8,376 8,376 

088 EMI CONTROL INSTRUMENTATION .................................................................. 3,971 3,971 

089 ITEMS LESS THAN $5 MILLION .......................................................................... 58,721 58,721 

SHIPBOARD COMMUNICATIONS 

090 SHIPBOARD TACTICAL COMMUNICATIONS ..................................................... 17,366 17,366 

091 SHIP COMMUNICATIONS AUTOMATION ........................................................... 102,479 102,479 

092 COMMUNICATIONS ITEMS UNDER $5M ............................................................ 10,403 10,403 

SUBMARINE COMMUNICATIONS 

093 SUBMARINE BROADCAST SUPPORT .................................................................. 34,151 34,151 


emcdonald on DSK3SPTVN1PROD with BILLS
1322 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

094 SUBMARINE COMMUNICATION EQUIPMENT .................................................. 64,529 64,529 

SATELLITE COMMUNICATIONS 

095 SATELLITE COMMUNICATIONS SYSTEMS ....................................................... 14,414 14,414 

096 NAVY MULTIBAND TERMINAL (NMT) ............................................................... 38,365 38,365 

SHORE COMMUNICATIONS 

097 JCS COMMUNICATIONS EQUIPMENT ................................................................ 4,156 4,156 

CRYPTOGRAPHIC EQUIPMENT 

099 INFO SYSTEMS SECURITY PROGRAM (ISSP) ................................................... 85,694 85,694 

100 MIO INTEL EXPLOITATION TEAM ..................................................................... 920 920 

CRYPTOLOGIC EQUIPMENT 

101 CRYPTOLOGIC COMMUNICATIONS EQUIP ....................................................... 21,098 21,098 

OTHER ELECTRONIC SUPPORT 

102 COAST GUARD EQUIPMENT ................................................................................. 32,291 32,291 

SONOBUOYS 

103 SONOBUOYS—ALL TYPES .................................................................................... 162,588 162,588 

AIRCRAFT SUPPORT EQUIPMENT 

104 WEAPONS RANGE SUPPORT EQUIPMENT ....................................................... 58,116 58,116 

105 AIRCRAFT SUPPORT EQUIPMENT ..................................................................... 120,324 120,324 

106 METEOROLOGICAL EQUIPMENT ........................................................................ 29,253 29,253 

107 DCRS/DPL .................................................................................................................. 632 632 

108 AIRBORNE MINE COUNTERMEASURES ............................................................ 29,097 29,097 

109 AVIATION SUPPORT EQUIPMENT ...................................................................... 39,099 39,099 

SHIP GUN SYSTEM EQUIPMENT 

110 SHIP GUN SYSTEMS EQUIPMENT ...................................................................... 6,191 6,191 

SHIP MISSILE SYSTEMS EQUIPMENT 

111 SHIP MISSILE SUPPORT EQUIPMENT .............................................................. 320,446 310,946 

Program execution ............................................................................................... [–9,500 ] 

112 TOMAHAWK SUPPORT EQUIPMENT .................................................................. 71,046 71,046 

FBM SUPPORT EQUIPMENT 

113 STRATEGIC MISSILE SYSTEMS EQUIP ............................................................. 215,138 215,138 

ASW SUPPORT EQUIPMENT 

114 SSN COMBAT CONTROL SYSTEMS ..................................................................... 130,715 130,715 

115 ASW SUPPORT EQUIPMENT ................................................................................. 26,431 26,431 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...................................................... 11,821 11,821 

117 ITEMS LESS THAN $5 MILLION .......................................................................... 6,243 6,243 

OTHER EXPENDABLE ORDNANCE 

118 SUBMARINE TRAINING DEVICE MODS ............................................................. 48,020 48,020 

120 SURFACE TRAINING EQUIPMENT ...................................................................... 97,514 97,514 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

121 PASSENGER CARRYING VEHICLES .................................................................... 8,853 8,853 

122 GENERAL PURPOSE TRUCKS .............................................................................. 4,928 4,928 

123 CONSTRUCTION & MAINTENANCE EQUIP ....................................................... 18,527 18,527 

124 FIRE FIGHTING EQUIPMENT .............................................................................. 13,569 13,569 

125 TACTICAL VEHICLES ............................................................................................. 14,917 14,917

126 AMPHIBIOUS EQUIPMENT ................................................................................... 7,676 7,676 

127 POLLUTION CONTROL EQUIPMENT .................................................................. 2,321 2,321 

128 ITEMS UNDER $5 MILLION .................................................................................. 12,459 12,459 

129 PHYSICAL SECURITY VEHICLES ........................................................................ 1,095 1,095 

SUPPLY SUPPORT EQUIPMENT 

131 SUPPLY EQUIPMENT ............................................................................................. 16,023 16,023 

133 FIRST DESTINATION TRANSPORTATION ......................................................... 5,115 5,115 

134 SPECIAL PURPOSE SUPPLY SYSTEMS .............................................................. 295,471 295,471 

TRAINING DEVICES 

136 TRAINING AND EDUCATION EQUIPMENT ....................................................... 9,504 9,504 

COMMAND SUPPORT EQUIPMENT 

137 COMMAND SUPPORT EQUIPMENT ..................................................................... 37,180 37,180 

139 MEDICAL SUPPORT EQUIPMENT ....................................................................... 4,128 4,128 

141 NAVAL MIP SUPPORT EQUIPMENT ................................................................... 1,925 1,925 

142 OPERATING FORCES SUPPORT EQUIPMENT .................................................. 4,777 4,777 

143 C4ISR EQUIPMENT ................................................................................................. 9,073 9,073

144 ENVIRONMENTAL SUPPORT EQUIPMENT ....................................................... 21,107 21,107 

145 PHYSICAL SECURITY EQUIPMENT .................................................................... 100,906 100,906 

146 ENTERPRISE INFORMATION TECHNOLOGY ................................................... 67,544 67,544 

OTHER 

150 NEXT GENERATION ENTERPRISE SERVICE ................................................... 98,216 98,216 

CLASSIFIED PROGRAMS 

150A CLASSIFIED PROGRAMS ....................................................................................... 9,915 9,915 

SPARES AND REPAIR PARTS 

151 SPARES AND REPAIR PARTS ............................................................................... 199,660 199,660 

TOTAL OTHER PROCUREMENT, NAVY ........................................ 6,338,861 6,272,961 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ............................................................................................................... 73,785 73,785 

002 LAV PIP ...................................................................................................................... 53,423 53,423 

ARTILLERY AND OTHER WEAPONS 

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ...................................................... 3,360 3,360 


emcdonald on DSK3SPTVN1PROD with BILLS
1323 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

004 155MM LIGHTWEIGHT TOWED HOWITZER ..................................................... 3,318 3,318 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................. 33,725 33,725 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ........................... 8,181 8,181 

OTHER SUPPORT 

007 MODIFICATION KITS .............................................................................................. 15,250 15,250 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE .......................................................................... 9,170 9,170 

010 JAVELIN .................................................................................................................... 1,009 1,009 

011 FOLLOW ON TO SMAW .......................................................................................... 24,666 24,666 

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...................................... 17,080 17,080 

COMMAND AND CONTROL SYSTEMS 

015 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C ....................... 47,312 47,312 

REPAIR AND TEST EQUIPMENT 

016 REPAIR AND TEST EQUIPMENT ......................................................................... 16,469 16,469 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

019 ITEMS UNDER $5 MILLION (COMM & ELEC) ................................................... 7,433 7,433 

020 AIR OPERATIONS C2 SYSTEMS ........................................................................... 15,917 15,917 

RADAR + EQUIPMENT (NON-TEL) 

021 RADAR SYSTEMS ..................................................................................................... 17,772 17,772 

022 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ........................................... 123,758 123,758 

023 RQ–21 UAS ................................................................................................................. 80,217 80,217 

INTELL/COMM EQUIPMENT (NON-TEL) 

024 GCSS-MC ..................................................................................................................... 1,089 1,089 

025 FIRE SUPPORT SYSTEM ........................................................................................ 13,258 13,258 

026 INTELLIGENCE SUPPORT EQUIPMENT ........................................................... 56,379 56,379 

029 RQ–11 UAV ................................................................................................................. 1,976 1,976 

031 DCGS-MC .................................................................................................................... 1,149 1,149 

032 UAS PAYLOADS ........................................................................................................ 2,971 2,971 

OTHER SUPPORT (NON-TEL) 

034 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ................................. 76,302 76,302 

035 COMMON COMPUTER RESOURCES .................................................................... 41,802 41,802 

036 COMMAND POST SYSTEMS ................................................................................... 90,924 90,924 

037 RADIO SYSTEMS ...................................................................................................... 43,714 43,714 

038 COMM SWITCHING & CONTROL SYSTEMS ....................................................... 66,383 66,383 

039 COMM & ELEC INFRASTRUCTURE SUPPORT .................................................. 30,229 30,229 

CLASSIFIED PROGRAMS 

039A CLASSIFIED PROGRAMS ....................................................................................... 2,738 2,738 

ADMINISTRATIVE VEHICLES 

041 COMMERCIAL CARGO VEHICLES ........................................................................ 88,312 88,312 

TACTICAL VEHICLES 

043 MOTOR TRANSPORT MODIFICATIONS .............................................................. 13,292 13,292 

045 JOINT LIGHT TACTICAL VEHICLE .................................................................... 113,230 113,230 

046 FAMILY OF TACTICAL TRAILERS ...................................................................... 2,691 2,691 

ENGINEER AND OTHER EQUIPMENT 

048 ENVIRONMENTAL CONTROL EQUIP ASSORT ................................................. 18 18 

050 TACTICAL FUEL SYSTEMS ................................................................................... 78 78 

051 POWER EQUIPMENT ASSORTED ........................................................................ 17,973 17,973 

052 AMPHIBIOUS SUPPORT EQUIPMENT ................................................................ 7,371 7,371 

053 EOD SYSTEMS .......................................................................................................... 14,021 14,021 

MATERIALS HANDLING EQUIPMENT 

054 PHYSICAL SECURITY EQUIPMENT .................................................................... 31,523 31,523 

GENERAL PROPERTY 

058 TRAINING DEVICES ................................................................................................ 33,658 33,658 

060 FAMILY OF CONSTRUCTION EQUIPMENT ....................................................... 21,315 21,315 

061 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) .............................. 9,654 9,654 

OTHER SUPPORT 

062 ITEMS LESS THAN $5 MILLION .......................................................................... 6,026 6,026 

SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS ............................................................................... 22,848 22,848 

TOTAL PROCUREMENT, MARINE CORPS ................................... 1,362,769 1,362,769 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ............................................................................................................................ 4,401,894 4,401,894 

002 ADVANCE PROCUREMENT (CY) ...................................................................... 404,500 404,500 

TACTICAL AIRLIFT 

003 KC–46A TANKER ...................................................................................................... 2,884,591 2,884,591 

OTHER AIRLIFT 

004 C–130J ........................................................................................................................ 145,655 145,655 

006 HC–130J ..................................................................................................................... 317,576 317,576 

007 ADVANCE PROCUREMENT (CY) ...................................................................... 20,000 20,000 

008 MC–130J ..................................................................................................................... 548,358 548,358 

009 ADVANCE PROCUREMENT (CY) ...................................................................... 50,000 50,000 

HELICOPTERS 

010 UH–1N REPLACEMENT .......................................................................................... 18,337 18,337 

MISSION SUPPORT AIRCRAFT 

012 CIVIL AIR PATROL A/C .......................................................................................... 2,637 2,637 

OTHER AIRCRAFT 


emcdonald on DSK3SPTVN1PROD with BILLS
1324 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

013 TARGET DRONES .................................................................................................... 114,656 114,656 

014 RQ–4 ............................................................................................................................ 12,966 12,966 

015 MQ–9 ........................................................................................................................... 122,522 122,522 

STRATEGIC AIRCRAFT 

016 B–2A ............................................................................................................................ 46,729 46,729 

017 B–1B ............................................................................................................................ 116,319 116,319 

018 B–52 ............................................................................................................................ 109,020 109,020 

TACTICAL AIRCRAFT 

020 A–10 ............................................................................................................................. 1,289 1,289 

021 F–15 ............................................................................................................................ 105,685 105,685 

022 F–16 ............................................................................................................................ 97,331 97,331 

023 F–22A .......................................................................................................................... 163,008 163,008 

024 F–35 MODIFICATIONS ............................................................................................ 175,811 175,811 

025 INCREMENT 3.2B .................................................................................................... 76,410 76,410 

026 ADVANCE PROCUREMENT (CY) ...................................................................... 2,000 2,000 

AIRLIFT AIRCRAFT 

027 C–5 ............................................................................................................................... 24,192 24,192 

029 C–17A .......................................................................................................................... 21,555 21,555 

030 C–21 ............................................................................................................................. 5,439 5,439 

031 C–32A .......................................................................................................................... 35,235 35,235 

032 C–37A .......................................................................................................................... 5,004 5,004 

TRAINER AIRCRAFT 

033 GLIDER MODS .......................................................................................................... 394 394 

034 T–6 ............................................................................................................................... 12,765 12,765 

035 T–1 ............................................................................................................................... 25,073 25,073 

036 T–38 ............................................................................................................................. 45,090 45,090 

OTHER AIRCRAFT 

037 U–2 MODS .................................................................................................................. 36,074 36,074 

038 KC–10A (ATCA) ......................................................................................................... 4,570 4,570 

039 C–12 ............................................................................................................................. 1,995 1,995 

040 VC–25A MOD .............................................................................................................. 102,670 102,670 

041 C–40 ............................................................................................................................. 13,984 13,984 

042 C–130 ........................................................................................................................... 9,168 81,668 

8–Bladed Propellers ............................................................................................. [16,000 ] 

Electronic Propeller Control Systems .................................................................. [13,500 ] 

In-flight Propeller Balancing System Certification ............................................. [1,500 ] 

T56 3.5 Engine Upgrade Kits ............................................................................. [41,500 ] 

043 C–130J MODS ............................................................................................................ 89,424 89,424 

044 C–135 ........................................................................................................................... 64,161 64,161 

045 COMPASS CALL MODS ........................................................................................... 130,257 59,857 

Program restructure ............................................................................................ [–70,400 ] 

046 RC–135 ........................................................................................................................ 211,438 211,438 

047 E–3 .............................................................................................................................. 82,786 82,786 

048 E–4 .............................................................................................................................. 53,348 53,348 

049 E–8 .............................................................................................................................. 6,244 6,244 

050 AIRBORNE WARNING AND CONTROL SYSTEM ............................................... 223,427 223,427 

051 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ....................................... 4,673 4,673 

052 H–1 .............................................................................................................................. 9,007 9,007 

054 H–60 ............................................................................................................................ 91,357 91,357 

055 RQ–4 MODS ............................................................................................................... 32,045 32,045 

056 HC/MC–130 MODIFICATIONS ................................................................................ 30,767 30,767 

057 OTHER AIRCRAFT ................................................................................................... 33,886 33,886 

059 MQ–9 MODS ............................................................................................................... 141,929 141,929 

060 CV–22 MODS .............................................................................................................. 63,395 63,395 

AIRCRAFT SPARES AND REPAIR PARTS 

061 INITIAL SPARES/REPAIR PARTS ......................................................................... 686,491 673,291 

Compass Call program restructure ...................................................................... [–13,200 ] 

COMMON SUPPORT EQUIPMENT 

062 AIRCRAFT REPLACEMENT SUPPORT EQUIP .................................................. 121,935 121,935 

POST PRODUCTION SUPPORT 

063 B–2A ............................................................................................................................ 154 154 

064 B–2A ............................................................................................................................ 43,330 43,330 

065 B–52 ............................................................................................................................ 28,125 28,125 

066 C–17A .......................................................................................................................... 23,559 23,559 

069 F–15 ............................................................................................................................ 2,980 2,980 

070 F–16 ............................................................................................................................ 15,155 39,955 

Additional mission trainers .................................................................................. [24,800 ] 

071 F–22A .......................................................................................................................... 48,505 48,505 

074 RQ–4 POST PRODUCTION CHARGES .................................................................. 99 99 

INDUSTRIAL PREPAREDNESS 

075 INDUSTRIAL RESPONSIVENESS ......................................................................... 14,126 14,126 

WAR CONSUMABLES 

076 WAR CONSUMABLES .............................................................................................. 120,036 120,036 

OTHER PRODUCTION CHARGES 

077 OTHER PRODUCTION CHARGES ......................................................................... 1,252,824 1,252,824 

CLASSIFIED PROGRAMS 

077A CLASSIFIED PROGRAMS ....................................................................................... 16,952 16,952 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..................... 13,922,917 13,936,617 


emcdonald on DSK3SPTVN1PROD with BILLS
1325 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC .......................................................... 70,247 70,247 

TACTICAL 

002 JOINT AIR-SURFACE STANDOFF MISSILE ....................................................... 431,645 431,645 

003 LRASM0 ...................................................................................................................... 59,511 59,511 

004 SIDEWINDER (AIM–9X) .......................................................................................... 127,438 127,438 

005 AMRAAM .................................................................................................................... 350,144 350,144 

006 PREDATOR HELLFIRE MISSILE ......................................................................... 33,955 33,955 

007 SMALL DIAMETER BOMB ..................................................................................... 92,361 92,361 

INDUSTRIAL FACILITIES 

008 INDUSTR’L PREPAREDNS/POL PREVENTION ................................................. 977 977 

CLASS IV 

009 ICBM FUZE MOD ..................................................................................................... 17,095 17,095 

010 MM III MODIFICATIONS ........................................................................................ 68,692 68,692 

011 AGM–65D MAVERICK .............................................................................................. 282 282 

013 AIR LAUNCH CRUISE MISSILE (ALCM) ............................................................. 21,762 21,762 

014 SMALL DIAMETER BOMB ..................................................................................... 15,349 15,349 

MISSILE SPARES AND REPAIR PARTS 

015 INITIAL SPARES/REPAIR PARTS ......................................................................... 81,607 81,607 

SPECIAL PROGRAMS 

030 SPECIAL UPDATE PROGRAMS ............................................................................. 46,125 46,125 

CLASSIFIED PROGRAMS 

030A CLASSIFIED PROGRAMS ....................................................................................... 1,009,431 1,009,431 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......................... 2,426,621 2,426,621 

SPACE PROCUREMENT, AIR FORCE 

SPACE PROGRAMS 

001 ADVANCED EHF ...................................................................................................... 645,569 645,569 

002 AF SATELLITE COMM SYSTEM ........................................................................... 42,375 42,375 

003 COUNTERSPACE SYSTEMS ................................................................................... 26,984 26,984 

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ....................................... 88,963 88,963 

005 WIDEBAND GAPFILLER SATELLITES(SPACE) ............................................... 86,272 116,272 

Pilot Program ...................................................................................................... [30,000 ] 

006 GPS III SPACE SEGMENT ...................................................................................... 34,059 34,059 

007 GLOBAL POSTIONING (SPACE) ........................................................................... 2,169 2,169 

008 SPACEBORNE EQUIP (COMSEC) .......................................................................... 46,708 46,708 

009 GLOBAL POSITIONING (SPACE) .......................................................................... 13,171 10,271 

Excess to Need ..................................................................................................... [–2,900 ] 

010 MILSATCOM .............................................................................................................. 41,799 41,799 

011 EVOLVED EXPENDABLE LAUNCH CAPABILITY ............................................ 768,586 768,586 

012 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ............................................ 737,853 737,853 

013 SBIR HIGH (SPACE) ................................................................................................ 362,504 362,504 

014 NUDET DETECTION SYSTEM .............................................................................. 4,395 4,395 

015 SPACE MODS ............................................................................................................ 8,642 8,642 

016 SPACELIFT RANGE SYSTEM SPACE .................................................................. 123,088 123,088 

SSPARES 

017 INITIAL SPARES/REPAIR PARTS ......................................................................... 22,606 22,606 

TOTAL SPACE PROCUREMENT, AIR FORCE ............................. 3,055,743 3,082,843 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ................................................................................................................... 18,734 18,734 

CARTRIDGES 

002 CARTRIDGES ............................................................................................................ 220,237 220,237 

BOMBS 

003 PRACTICE BOMBS ................................................................................................... 97,106 97,106 

004 GENERAL PURPOSE BOMBS ................................................................................ 581,561 581,561 

005 MASSIVE ORDNANCE PENETRATOR (MOP) ..................................................... 3,600 3,600 

006 JOINT DIRECT ATTACK MUNITION ................................................................... 303,988 303,988 

OTHER ITEMS 

007 CAD/PAD .................................................................................................................... 38,890 38,890 

008 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ....................................................... 5,714 5,714 

009 SPARES AND REPAIR PARTS ............................................................................... 740 740 

010 MODIFICATIONS ...................................................................................................... 573 573 

011 ITEMS LESS THAN $5 MILLION .......................................................................... 5,156 5,156 

FLARES 

012 FLARES ...................................................................................................................... 134,709 134,709 

FUZES 

013 FUZES ........................................................................................................................ 229,252 229,252 

SMALL ARMS 

014 SMALL ARMS ............................................................................................................ 37,459 37,459 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ....... 1,677,719 1,677,719 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES .................................................................... 14,437 14,437 


emcdonald on DSK3SPTVN1PROD with BILLS
1326 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ............................................................................. 24,812 24,812 

003 CAP VEHICLES ......................................................................................................... 984 984 

004 ITEMS LESS THAN $5 MILLION .......................................................................... 11,191 11,191 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ............................................................... 5,361 5,361 

006 ITEMS LESS THAN $5 MILLION .......................................................................... 4,623 4,623 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ................................................... 12,451 7,451 

Program reduction ............................................................................................... [–5,000 ] 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION .......................................................................... 18,114 18,114 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP .................................................. 2,310 2,310 

010 ITEMS LESS THAN $5 MILLION .......................................................................... 46,868 46,868 

COMM SECURITY EQUIPMENT(COMSEC) 

012 COMSEC EQUIPMENT ............................................................................................ 72,359 72,359 

INTELLIGENCE PROGRAMS 

014 INTELLIGENCE TRAINING EQUIPMENT .......................................................... 6,982 6,982 

015 INTELLIGENCE COMM EQUIPMENT .................................................................. 30,504 30,504 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS ......................................................... 55,803 55,803 

017 NATIONAL AIRSPACE SYSTEM ............................................................................ 2,673 2,673 

018 BATTLE CONTROL SYSTEM—FIXED ................................................................. 5,677 5,677 

019 THEATER AIR CONTROL SYS IMPROVEMENTS .............................................. 1,163 1,163 

020 WEATHER OBSERVATION FORECAST ............................................................... 21,667 21,667 

021 STRATEGIC COMMAND AND CONTROL ............................................................. 39,803 39,803 

022 CHEYENNE MOUNTAIN COMPLEX ..................................................................... 24,618 24,618 

023 MISSION PLANNING SYSTEMS ............................................................................ 15,868 15,868 

025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ........................... 9,331 9,331 

SPCL COMM-ELECTRONICS PROJECTS 

026 GENERAL INFORMATION TECHNOLOGY ......................................................... 41,779 41,779 

027 AF GLOBAL COMMAND & CONTROL SYS .......................................................... 15,729 15,729 

028 MOBILITY COMMAND AND CONTROL ............................................................... 9,814 9,814 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ...................................................... 99,460 99,460 

030 COMBAT TRAINING RANGES ............................................................................... 34,850 34,850 

031 MINIMUM ESSENTIAL EMERGENCY COMM N ................................................. 198,925 198,925 

032 WIDE AREA SURVEILLANCE (WAS) ................................................................... 6,943 6,943 

033 C3 COUNTERMEASURES ....................................................................................... 19,580 19,580 

034 GCSS-AF FOS ............................................................................................................ 1,743 1,743 

036 THEATER BATTLE MGT C2 SYSTEM ................................................................. 9,659 9,659 

037 AIR & SPACE OPERATIONS CTR-WPN SYS ........................................................ 15,474 15,474 

038 AIR OPERATIONS CENTER (AOC) 10.2 ............................................................... 30,623 30,623 

AIR FORCE COMMUNICATIONS 

039 INFORMATION TRANSPORT SYSTEMS .............................................................. 40,043 40,043 

040 AFNET ........................................................................................................................ 146,897 146,897 

041 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ............................... 5,182 5,182 

042 USCENTCOM ............................................................................................................. 13,418 13,418 

ORGANIZATION AND BASE 

052 TACTICAL C-E EQUIPMENT ................................................................................. 109,836 109,836 

053 RADIO EQUIPMENT ................................................................................................ 16,266 16,266 

054 CCTV/AUDIOVISUAL EQUIPMENT ...................................................................... 7,449 7,449 

055 BASE COMM INFRASTRUCTURE ......................................................................... 109,215 109,215 

MODIFICATIONS 

056 COMM ELECT MODS ............................................................................................... 65,700 65,700

PERSONAL SAFETY & RESCUE EQUIP 

058 ITEMS LESS THAN $5 MILLION .......................................................................... 54,416 54,416 

DEPOT PLANT+MTRLS HANDLING EQ 

059 MECHANIZED MATERIAL HANDLING EQUIP ................................................. 7,344 7,344 

BASE SUPPORT EQUIPMENT 

060 BASE PROCURED EQUIPMENT ........................................................................... 6,852 11,852 

Program increase ................................................................................................. [5,000 ] 

063 MOBILITY EQUIPMENT ......................................................................................... 8,146 8,146 

064 ITEMS LESS THAN $5 MILLION .......................................................................... 28,427 28,427 

SPECIAL SUPPORT PROJECTS 

066 DARP RC135 .............................................................................................................. 25,287 25,287 

067 DCGS-AF .................................................................................................................... 169,201 169,201 

069 SPECIAL UPDATE PROGRAM ............................................................................... 576,710 576,710 

CLASSIFIED PROGRAMS 

070A CLASSIFIED PROGRAMS ....................................................................................... 15,119,705 15,119,705 

SPARES AND REPAIR PARTS 

072 SPARES AND REPAIR PARTS ............................................................................... 15,784 15,784 

TOTAL OTHER PROCUREMENT, AIR FORCE ............................ 17,438,056 17,438,056 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, WHS 

037 MAJOR EQUIPMENT, OSD ..................................................................................... 29,211 29,211 

MAJOR EQUIPMENT, NSA 


emcdonald on DSK3SPTVN1PROD with BILLS
1327 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

036 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ................................. 4,399 4,399 

MAJOR EQUIPMENT, WHS 

040 MAJOR EQUIPMENT, WHS .................................................................................... 24,979 24,979 

MAJOR EQUIPMENT, DISA 

006 INFORMATION SYSTEMS SECURITY .................................................................. 21,347 21,347 

007 TELEPORT PROGRAM ............................................................................................ 50,597 50,597 

008 ITEMS LESS THAN $5 MILLION .......................................................................... 10,420 10,420 

009 NET CENTRIC ENTERPRISE SERVICES (NCES) ............................................. 1,634 1,634 

010 DEFENSE INFORMATION SYSTEM NETWORK ................................................ 87,235 87,235 

011 CYBER SECURITY INITIATIVE ............................................................................ 4,528 4,528 

012 WHITE HOUSE COMMUNICATION AGENCY ..................................................... 36,846 36,846 

013 SENIOR LEADERSHIP ENTERPRISE ................................................................. 599,391 599,391 

015 JOINT REGIONAL SECURITY STACKS (JRSS) .................................................. 150,221 150,221 

MAJOR EQUIPMENT, DLA 

017 MAJOR EQUIPMENT ............................................................................................... 2,055 2,055 

MAJOR EQUIPMENT, DSS 

020 MAJOR EQUIPMENT ............................................................................................... 1,057 1,057 

MAJOR EQUIPMENT, DCAA 

001 ITEMS LESS THAN $5 MILLION .......................................................................... 2,964 2,964 

MAJOR EQUIPMENT, TJS 

038 MAJOR EQUIPMENT, TJS ...................................................................................... 7,988 7,988 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

023 THAAD ....................................................................................................................... 369,608 369,608 

024 AEGIS BMD ............................................................................................................... 463,801 528,801 

Increasing BMD capability for Aegis Ships ........................................................ [65,000 ] 

025 BMDS AN/TPY–2 RADARS ...................................................................................... 5,503 5,503 

026 ARROW UPPER TIER .............................................................................................. 120,000 

Increase for Arrow 3 Coproduction subject to Title XVI .................................... [120,000 ] 

027 DAVID’S SLING ........................................................................................................ 150,000 

Increase for DSWS Coproduction subject to Title XVI ...................................... [150,000 ] 

028 AEGIS ASHORE PHASE III .................................................................................... 57,493 82,493 

Classified adjustment ........................................................................................... [25,000 ] 

029 IRON DOME ............................................................................................................... 42,000 62,000 

Increase for Coproduction of Iron Dome Tamir Interceptors subject to Title 

XVI.

[20,000 ] 

030 AEGIS BMD HARDWARE AND SOFTWARE ....................................................... 50,098 50,098 

MAJOR EQUIPMENT, DHRA 

003 PERSONNEL ADMINISTRATION .......................................................................... 14,232 14,232 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

021 VEHICLES ................................................................................................................. 200 200 

022 OTHER MAJOR EQUIPMENT ................................................................................ 6,437 6,437 

MAJOR EQUIPMENT, DODEA 

019 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ................................. 288 288 

MAJOR EQUIPMENT, DCMA 

002 MAJOR EQUIPMENT ............................................................................................... 92 92 

MAJOR EQUIPMENT, DMACT 

018 MAJOR EQUIPMENT ............................................................................................... 8,060 8,060 

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ....................................................................................... 568,864 568,864 

AVIATION PROGRAMS 

042 ROTARY WING UPGRADES AND SUSTAINMENT ............................................ 150,396 168,996 

Program increase ................................................................................................. [18,600 ] 

043 UNMANNED ISR ...................................................................................................... 21,190 21,190 

045 NON-STANDARD AVIATION .................................................................................. 4,905 4,905 

046 U–28 ............................................................................................................................ 3,970 3,970 

047 MH–47 CHINOOK ..................................................................................................... 25,022 25,022 

049 CV–22 MODIFICATION ............................................................................................ 19,008 19,008

051 MQ–9 UNMANNED AERIAL VEHICLE ................................................................. 10,598 10,598 

053 PRECISION STRIKE PACKAGE ............................................................................. 213,122 213,122 

054 AC/MC–130J ............................................................................................................... 73,548 85,648 

A-kits for 105mm integration .............................................................................. [12,100 ] 

055 C–130 MODIFICATIONS .......................................................................................... 32,970 32,970 

SHIPBUILDING 

056 UNDERWATER SYSTEMS ...................................................................................... 37,098 37,098 

AMMUNITION PROGRAMS 

057 ORDNANCE ITEMS <$5M ...................................................................................... 105,267 105,267 

OTHER PROCUREMENT PROGRAMS 

058 INTELLIGENCE SYSTEMS .................................................................................... 79,963 79,963 

059 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............................... 13,432 13,432 

060 OTHER ITEMS <$5M .............................................................................................. 66,436 66,436

061 COMBATANT CRAFT SYSTEMS ............................................................................ 55,820 55,820 

062 SPECIAL PROGRAMS .............................................................................................. 107,432 107,432 

063 TACTICAL VEHICLES ............................................................................................. 67,849 67,849

064 WARRIOR SYSTEMS <$5M .................................................................................... 245,781 245,781 

065 COMBAT MISSION REQUIREMENTS ................................................................... 19,566 19,566 

066 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ................................................. 3,437 3,437 

067 OPERATIONAL ENHANCEMENTS INTELLIGENCE ........................................ 17,299 17,299 

069 OPERATIONAL ENHANCEMENTS ....................................................................... 219,945 219,945 


emcdonald on DSK3SPTVN1PROD with BILLS
1328 

HR 4909 PCS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

CBDP 

070 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ................................... 148,203 148,203 

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

TOTAL PROCUREMENT, DEFENSE-WIDE ................................... 4,524,918 4,935,618 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ............................................... 99,300 0 

Program decrease ................................................................................................. [–99,300 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS FUND ......... 99,300 0 

NATIONAL GUARD AND RESERVE EQUIPMENT 

UNDISTRIBUTED 

007 MISCELLANEOUS EQUIPMENT ........................................................................... 250,000 

Program increase ................................................................................................. [250,000 ] 

TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT ..... 250,000 

TOTAL PROCUREMENT ....................................................................... 101,971,592 103,062,309 

1 SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY 

2 OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

MODIFICATION OF AIRCRAFT 

015 MULTI SENSOR ABN RECON (MIP) .................................................................... 21,400 21,400 

020 EMARSS SEMA MODS (MIP) .................................................................................. 42,700 42,700 

026 RQ–7 UAV MODS ...................................................................................................... 1,775 1,775 

027 UAS MODS ................................................................................................................. 4,420 0 

Realign APS Unit Set Requirements to Base ..................................................... [–4,420 ] 

GROUND SUPPORT AVIONICS 

030 CMWS .......................................................................................................................... 56,115 56,115 

031 CIRCM ......................................................................................................................... 108,721 108,721 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................................. 235,131 230,711 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY .................................................................................... 305,830 305,830 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................ 15,567 0 

Realign APS Unit Set Requirements to Base ..................................................... [–15,567 ] 

008 TOW 2 SYSTEM SUMMARY .................................................................................... 80,652 0 

Realign APS Unit Set Requirements to Base ..................................................... [–80,652 ] 

010 GUIDED MLRS ROCKET (GMLRS) ....................................................................... 75,991 0 

Realign APS Unit Set Requirements to Base ..................................................... [–75,991 ] 

012 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ........................... 4,777 4,777 

TOTAL MISSILE PROCUREMENT, ARMY ..................................... 482,817 310,607 

PROCUREMENT OF W&TCV, ARMY 

MODIFICATION OF TRACKED COMBAT VEHICLES 

007 PALADIN INTEGRATED MANAGEMENT (PIM) ................................................ 125,184 0 

Realign APS Unit Set Requirements to Base ..................................................... [–125,184 ] 

009 ASSAULT BRIDGE (MOD) ...................................................................................... 5,950 0 

Realign APS Unit Set Requirements to Base ..................................................... [–5,950 ] 

014 ABRAMS UPGRADE PROGRAM ............................................................................. 0 

Army requested realignment (ERI) ..................................................................... [172,200 ] 

Realign APS Unit Set Requirements to Base ..................................................... [–172,200 ] 

WEAPONS & OTHER COMBAT VEHICLES 

017 MORTAR SYSTEMS .................................................................................................. 22,410 22,410 

SUPPORT EQUIPMENT & FACILITIES 

036 BRADLEY PROGRAM .............................................................................................. 0 

Army requested realignment (ERI) ..................................................................... [72,800 ] 

Realign APS Unit Set Requirements to Base ..................................................... [–72,800 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ................................ 153,544 22,410 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

002 CTG, 7.62MM, ALL TYPES ...................................................................................... 9,642 0 

Realign APS Unit Set Requirements to Base ..................................................... [–9,642 ] 

004 CTG, .50 CAL, ALL TYPES ..................................................................................... 6,607 609 


emcdonald on DSK3SPTVN1PROD with BILLS
1329 

HR 4909 PCS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

Realign APS Unit Set Requirements to Base ..................................................... [–5,998 ] 

005 CTG, 20MM, ALL TYPES ......................................................................................... 1,077 0 

Realign APS Unit Set Requirements to Base ..................................................... [–1,077 ] 

006 CTG, 25MM, ALL TYPES ......................................................................................... 28,534 0 

Realign APS Unit Set Requirements to Base ..................................................... [–28,534 ] 

007 CTG, 30MM, ALL TYPES ......................................................................................... 20,000 20,000 

008 CTG, 40MM, ALL TYPES ......................................................................................... 7,423 0 

Realign APS Unit Set Requirements to Base ..................................................... [–7,423 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ................................................................................. 10,000 10,000 

010 81MM MORTAR, ALL TYPES ................................................................................. 2,677 0 

Realign APS Unit Set Requirements to Base ..................................................... [–2,677 ] 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ................................. 8,999 0 

Realign APS Unit Set Requirements to Base ..................................................... [–8,999 ] 

ARTILLERY AMMUNITION 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................... 30,348 10,000 

Realign APS Unit Set Requirements to Base ..................................................... [–20,348 ] 

015 PROJ 155MM EXTENDED RANGE M982 ............................................................. 140 0 

Realign APS Unit Set Requirements to Base ..................................................... [–140 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................ 29,655 5,000 

Realign APS Unit Set Requirements to Base ..................................................... [–24,655 ] 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES .................................................... 16,866 0 

Realign APS Unit Set Requirements to Base ..................................................... [–16,866 ] 

NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES .................................................. 10,353 0 

Realign APS Unit Set Requirements to Base ..................................................... [–10,353 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ......................................... 63,210 0 

Realign APS Unit Set Requirements to Base ..................................................... [–63,210 ] 

020 ROCKET, HYDRA 70, ALL TYPES ........................................................................ 42,851 42,851 

OTHER AMMUNITION 

022 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 6,373 0 

Realign APS Unit Set Requirements to Base ..................................................... [–6,373 ] 

023 GRENADES, ALL TYPES ........................................................................................ 4,143 0 

Realign APS Unit Set Requirements to Base ..................................................... [–4,143 ] 

024 SIGNALS, ALL TYPES ............................................................................................. 1,852 0 

Realign APS Unit Set Requirements to Base ..................................................... [–1,852 ] 

MISCELLANEOUS 

027 NON-LETHAL AMMUNITION, ALL TYPES ......................................................... 773 0 

Realign APS Unit Set Requirements to Base ..................................................... [–773 ] 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .................. 301,523 88,460 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 SEMITRAILERS, FLATBED: .................................................................................. 4,180 0 

Realign APS Unit Set Requirements to Base ..................................................... [–4,180 ] 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................. 147,476 0 

Realign APS Unit Set Requirements to Base ..................................................... [–147,476 ] 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ......................................... 6,122 0 

Realign APS Unit Set Requirements to Base ..................................................... [–6,122 ] 

011 PLS ESP ..................................................................................................................... 106,358 0 

Realign APS Unit Set Requirements to Base ..................................................... [–106,358 ] 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ............................. 203,766 127,205 

Realign APS Unit Set Requirements to Base ..................................................... [–76,561 ] 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ..................................... 101,154 74,035 

Realign APS Unit Set Requirements to Base ..................................................... [–27,119 ] 

014 MODIFICATION OF IN SVC EQUIP ...................................................................... 155,456 152,000 

Realign APS Unit Set Requirements to Base ..................................................... [–3,456 ] 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK ........................................... 9,572 3,000 

Realign APS Unit Set Requirements to Base ..................................................... [–6,572 ] 

COMM—SATELLITE COMMUNICATIONS 

025 SHF TERM ................................................................................................................. 24,000 0 

Realign APS Unit Set Requirements to Base ..................................................... [–24,000 ] 

COMM—INTELLIGENCE COMM 

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

INFORMATION SECURITY 

051 COMMUNICATIONS SECURITY (COMSEC) ......................................................... 1,928 0 

Realign APS Unit Set Requirements to Base ..................................................... [–1,928 ] 

COMM—BASE COMMUNICATIONS 

056 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM .......................... 20,510 20,510 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

062 DCGS-A (MIP) ............................................................................................................ 33,032 33,032 

064 TROJAN (MIP) .......................................................................................................... 3,305 3,145 

Realign APS Unit Set Requirements to Base ..................................................... [–160 ] 

066 CI HUMINT AUTO REPRTING AND COLL(CHARCS) ....................................... 7,233 7,233 


emcdonald on DSK3SPTVN1PROD with BILLS
1330 

HR 4909 PCS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

069 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ................................... 5,670 5,670 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

070 LIGHTWEIGHT COUNTER MORTAR RADAR ..................................................... 25,892 0 

Realign APS Unit Set Requirements to Base ..................................................... [–25,892 ] 

074 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ............................ 11,610 11,610 

075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ....................... 23,890 23,890 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ................................... 4,270 0 

Realign APS Unit Set Requirements to Base ..................................................... [–4,270 ] 

089 MORTAR FIRE CONTROL SYSTEM ..................................................................... 2,572 2,282 

Realign APS Unit Set Requirements to Base ..................................................... [–290 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

092 AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................ 69,958 0 

Realign APS Unit Set Requirements to Base ..................................................... [–69,958 ] 

ELECT EQUIP—AUTOMATION 

102 AUTOMATED DATA PROCESSING EQUIP ......................................................... 9,900 9,900 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...................................... 96 0 

Realign APS Unit Set Requirements to Base ..................................................... [–96 ] 

CHEMICAL DEFENSIVE EQUIPMENT 

114 CBRN DEFENSE ...................................................................................................... 1,841 0 

Realign APS Unit Set Requirements to Base ..................................................... [–1,841 ] 

BRIDGING EQUIPMENT 

115 TACTICAL BRIDGING ............................................................................................. 26,000 0 

Realign APS Unit Set Requirements to Base ..................................................... [–26,000 ] 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

124 ROBOTICS AND APPLIQUE SYSTEMS ................................................................ 268 0 

Realign APS Unit Set Requirements to Base ..................................................... [–268 ] 

128 FAMILY OF BOATS AND MOTORS ....................................................................... 280 0 

Realign APS Unit Set Requirements to Base ..................................................... [–280 ] 

COMBAT SERVICE SUPPORT EQUIPMENT 

129 HEATERS AND ECU’S ............................................................................................ 894 0 

Realign APS Unit Set Requirements to Base ..................................................... [–894 ] 

134 FORCE PROVIDER ................................................................................................... 53,800 53,800 

135 FIELD FEEDING EQUIPMENT ............................................................................. 2,665 0 

Realign APS Unit Set Requirements to Base ..................................................... [–2,665 ] 

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ........................ 2,400 2,400 

137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ............................. 9,789 0 

Realign APS Unit Set Requirements to Base ..................................................... [–9,789 ] 

138 ITEMS LESS THAN $5M (ENG SPT) .................................................................... 300 0 

Realign APS Unit Set Requirements to Base ..................................................... [–300 ] 

PETROLEUM EQUIPMENT 

139 QUALITY SURVEILLANCE EQUIPMENT ............................................................ 4,800 0 

Realign APS Unit Set Requirements to Base ..................................................... [–4,800 ] 

140 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ........................................ 78,240 57,420 

Realign APS Unit Set Requirements to Base ..................................................... [–20,820 ] 

MEDICAL EQUIPMENT 

141 COMBAT SUPPORT MEDICAL .............................................................................. 5,763 0 

Realign APS Unit Set Requirements to Base ..................................................... [–5,763 ] 

MAINTENANCE EQUIPMENT 

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ............................................ 1,609 0 

Realign APS Unit Set Requirements to Base ..................................................... [–1,609 ] 

143 ITEMS LESS THAN $5.0M (MAINT EQ) ............................................................... 145 0 

Realign APS Unit Set Requirements to Base ..................................................... [–145 ] 

CONSTRUCTION EQUIPMENT 

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ............................................................ 3,047 0 

Realign APS Unit Set Requirements to Base ..................................................... [–3,047 ] 

148 TRACTOR, FULL TRACKED .................................................................................. 4,426 0 

Realign APS Unit Set Requirements to Base ..................................................... [–4,426 ] 

151 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ........................................ 2,900 0 

Realign APS Unit Set Requirements to Base ..................................................... [–2,900 ] 

155 ITEMS LESS THAN $5.0M (CONST EQUIP) ........................................................ 96 0 

Realign APS Unit Set Requirements to Base ..................................................... [–96 ] 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP .......................................................... 21,861 1,900 

Realign APS Unit Set Requirements to Base ..................................................... [–19,961 ] 

MATERIAL HANDLING EQUIPMENT 

160 FAMILY OF FORKLIFTS ........................................................................................ 846 0 

Realign APS Unit Set Requirements to Base ..................................................... [–846 ] 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

168 TEST EQUIPMENT MODERNIZATION (TEMOD) .............................................. 1,140 0 

Realign APS Unit Set Requirements to Base ..................................................... [–1,140 ] 

OTHER SUPPORT EQUIPMENT 

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ................................... 8,500 8,500 

TOTAL OTHER PROCUREMENT, ARMY ........................................ 1,211,110 599,082 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 

NETWORK ATTACK 


emcdonald on DSK3SPTVN1PROD with BILLS
1331 

HR 4909 PCS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

001 RAPID ACQUISITION AND THREAT RESPONSE ............................................. 232,200 207,200 

Program decrease ................................................................................................. [–25,000 ] 

STAFF AND INFRASTRUCTURE 

002 MISSION ENABLERS ............................................................................................... 62,800 62,800 

TOTAL JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

FUND.

295,000 270,000 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

002 F/A–18E/F (FIGHTER) HORNET ........................................................................... 184,912 184,912 

OTHER AIRCRAFT 

026 STUASL0 UAV ........................................................................................................... 70,000 70,000 

MODIFICATION OF AIRCRAFT 

037 EP–3 SERIES ............................................................................................................. 7,505 7,505 

047 SPECIAL PROJECT AIRCRAFT ............................................................................. 14,869 14,869 

051 COMMON ECM EQUIPMENT ................................................................................. 70,780 70,780 

059 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................................... 8,740 8,740 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS ............................................................................... 1,500 1,500 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

065 AIRCRAFT INDUSTRIAL FACILITIES ................................................................. 524 524 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................................. 358,830 358,830 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

010 HELLFIRE ................................................................................................................. 8,600 8,600 

TOTAL WEAPONS PROCUREMENT, NAVY .................................. 8,600 8,600 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ................................................................................ 40,366 40,366 

002 AIRBORNE ROCKETS, ALL TYPES ...................................................................... 8,860 8,860 

006 AIR EXPENDABLE COUNTERMEASURES ......................................................... 7,060 7,060 

013 PYROTECHNIC AND DEMOLITION ..................................................................... 1,122 1,122 

014 AMMUNITION LESS THAN $5 MILLION ............................................................ 3,495 3,495 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ................................................................................. 1,205 1,205 

017 40 MM, ALL TYPES .................................................................................................. 539 539 

018 60MM, ALL TYPES ................................................................................................... 909 909 

020 120MM, ALL TYPES ................................................................................................. 530 530 

022 ROCKETS, ALL TYPES ........................................................................................... 469 469 

023 ARTILLERY, ALL TYPES ....................................................................................... 1,196 1,196 

024 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 261 261 

025 FUZE, ALL TYPES ................................................................................................... 217 217 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...................... 66,229 66,229 

OTHER PROCUREMENT, NAVY 

OTHER SHORE ELECTRONIC EQUIPMENT 

081 DCGS-N ....................................................................................................................... 12,000 12,000 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...................................................... 40,000 40,000 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

124 FIRE FIGHTING EQUIPMENT .............................................................................. 630 630 

SUPPLY SUPPORT EQUIPMENT 

133 FIRST DESTINATION TRANSPORTATION ......................................................... 25 25 

COMMAND SUPPORT EQUIPMENT 

137 COMMAND SUPPORT EQUIPMENT ..................................................................... 10,562 10,562 

CLASSIFIED PROGRAMS 

150A CLASSIFIED PROGRAMS ....................................................................................... 1,660 1,660 

TOTAL OTHER PROCUREMENT, NAVY ........................................ 64,877 64,877 

PROCUREMENT, MARINE CORPS 

ARTILLERY AND OTHER WEAPONS 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ........................... 572 572 

GUIDED MISSILES 

010 JAVELIN .................................................................................................................... 1,606 1,606 

OTHER SUPPORT (TEL) 

018 MODIFICATION KITS .............................................................................................. 2,600 2,600 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

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

INTELL/COMM EQUIPMENT (NON-TEL) 

026 INTELLIGENCE SUPPORT EQUIPMENT ........................................................... 20,981 20,981 

029 RQ–11 UAV ................................................................................................................. 3,817 3,817 

OTHER SUPPORT (NON-TEL) 

035 COMMON COMPUTER RESOURCES .................................................................... 2,600 2,600 

037 RADIO SYSTEMS ...................................................................................................... 9,563 9,563 

ENGINEER AND OTHER EQUIPMENT 

053 EOD SYSTEMS .......................................................................................................... 75,000 75,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1332 

HR 4909 PCS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

TOTAL PROCUREMENT, MARINE CORPS ................................... 118,939 118,939 

AIRCRAFT PROCUREMENT, AIR FORCE 

OTHER AIRLIFT 

004 C–130J ........................................................................................................................ 73,000 73,000 

OTHER AIRCRAFT 

015 MQ–9 ........................................................................................................................... 273,600 273,600 

STRATEGIC AIRCRAFT 

019 LARGE AIRCRAFT INFRARED COUNTERMEASURES .................................... 135,801 135,801 

TACTICAL AIRCRAFT 

020 A–10 ............................................................................................................................. 23,850 23,850 

OTHER AIRCRAFT 

047 E–3 .............................................................................................................................. 6,600 6,600 

056 HC/MC–130 MODIFICATIONS ................................................................................ 13,550 13,550 

057 OTHER AIRCRAFT ................................................................................................... 7,500 7,500 

059 MQ–9 MODS ............................................................................................................... 112,068 112,068 

AIRCRAFT SPARES AND REPAIR PARTS 

061 INITIAL SPARES/REPAIR PARTS ......................................................................... 25,600 0 

Compass Call Program Restructure .................................................................... [–25,600 ] 

OTHER PRODUCTION CHARGES 

077 OTHER PRODUCTION CHARGES ......................................................................... 8,400 8,400 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..................... 679,969 654,369 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

006 PREDATOR HELLFIRE MISSILE ......................................................................... 145,125 145,125 

CLASS IV 

011 AGM–65D MAVERICK .............................................................................................. 9,720 9,720 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......................... 154,845 154,845 

PROCUREMENT OF AMMUNITION, AIR FORCE 

CARTRIDGES 

002 CARTRIDGES ............................................................................................................ 9,830 9,830 

BOMBS 

004 GENERAL PURPOSE BOMBS ................................................................................ 7,921 7,921 

006 JOINT DIRECT ATTACK MUNITION ................................................................... 140,126 140,126 

FLARES 

012 FLARES ...................................................................................................................... 6,531 6,531 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ....... 164,408 164,408 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES .................................................................... 2,003 2,003 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ............................................................................. 9,066 9,066 

004 ITEMS LESS THAN $5 MILLION .......................................................................... 12,264 12,264 

SPECIAL PURPOSE VEHICLES 

006 ITEMS LESS THAN $5 MILLION .......................................................................... 16,789 16,789 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ................................................... 48,590 48,590 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION .......................................................................... 2,366 2,366 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP .................................................. 6,468 6,468 

010 ITEMS LESS THAN $5 MILLION .......................................................................... 9,271 9,271 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS ......................................................... 42,650 42,650 

SPCL COMM-ELECTRONICS PROJECTS 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ...................................................... 7,500 7,500 

033 C3 COUNTERMEASURES ....................................................................................... 620 620 

ORGANIZATION AND BASE 

052 TACTICAL C-E EQUIPMENT ................................................................................. 8,100 8,100 

MODIFICATIONS 

056 COMM ELECT MODS ............................................................................................... 3,800 3,800 

BASE SUPPORT EQUIPMENT 

061 ENGINEERING AND EOD EQUIPMENT ............................................................. 53,900 53,900 

SPECIAL SUPPORT PROJECTS 

067 DCGS-AF .................................................................................................................... 800 800 

CLASSIFIED PROGRAMS 

070A CLASSIFIED PROGRAMS ....................................................................................... 3,472,094 3,472,094 

TOTAL OTHER PROCUREMENT, AIR FORCE ............................ 3,696,281 3,696,281 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

007 TELEPORT PROGRAM ............................................................................................ 1,900 1,900 

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ....................................................................................... 32,482 32,482 

AVIATION PROGRAMS 


emcdonald on DSK3SPTVN1PROD with BILLS
1333 

HR 4909 PCS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

041 MC–12 ......................................................................................................................... 5,000 5,000 

043 UNMANNED ISR ...................................................................................................... 11,880 11,880 

046 U–28 ............................................................................................................................ 38,283 38,283 

AMMUNITION PROGRAMS 

057 ORDNANCE ITEMS <$5M ...................................................................................... 52,504 52,504 

OTHER PROCUREMENT PROGRAMS 

058 INTELLIGENCE SYSTEMS .................................................................................... 22,000 22,000 

060 OTHER ITEMS <$5M .............................................................................................. 11,580 11,580

062 SPECIAL PROGRAMS .............................................................................................. 13,549 13,549

063 TACTICAL VEHICLES ............................................................................................. 3,200 3,200 

069 OPERATIONAL ENHANCEMENTS ....................................................................... 42,056 42,056 

TOTAL PROCUREMENT, DEFENSE-WIDE ................................... 234,434 234,434 

TOTAL PROCUREMENT ....................................................................... 8,226,537 7,043,082 

1 SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY 

2 OPERATIONS FOR BASE REQUIREMENTS. 

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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

003 MQ–1 UAV .................................................................................................................. 95,100 

Army unfunded requirement ................................................................................ [95,100 ] 

ROTARY 

005 HELICOPTER, LIGHT UTILITY (LUH) ............................................................... 110,000 

Army unfunded requirement (ARI) ..................................................................... [110,000 ] 

006 AH–64 APACHE BLOCK IIIA REMAN .................................................................. 78,040 268,040 

Army unfunded requirement (ARI) ..................................................................... [190,000 ] 

007 ADVANCE PROCUREMENT (CY) ...................................................................... 72,900 

Army unfunded requirement (ARI) ..................................................................... [72,900 ] 

008 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 440,200 

Army unfunded requirement (ARI) ..................................................................... [440,200 ] 

MODIFICATION OF AIRCRAFT 

017 CH–47 CARGO HELICOPTER MODS (MYP) ........................................................ 102,000 

Army unfunded requirement (ARI) ..................................................................... [102,000 ] 

GROUND SUPPORT AVIONICS 

028 AIRCRAFT SURVIVABILITY EQUIPMENT ......................................................... 22,000 

Army unfunded requirement-modernized warning system (ARI) ........................ [22,000 ] 

029 SURVIVABILITY CM ................................................................................................ 28,000 

Army unfunded requirement-assured PNT (ARI) ............................................... [28,000 ] 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................................. 78,040 1,138,240 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY .................................................................................... 150,000 150,000 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................ 104,200 

Army unfunded requirement ................................................................................ [104,200 ] 

010 GUIDED MLRS ROCKET (GMLRS) ....................................................................... 76,000 

Army unfunded requirement ................................................................................ [76,000 ] 

MODIFICATIONS 

014 ATACMS MODS ......................................................................................................... 15,900 

Army unfunded requirement ................................................................................ [15,900 ] 

TOTAL MISSILE PROCUREMENT, ARMY ..................................... 150,000 346,100 

PROCUREMENT OF W&TCV, ARMY 

MODIFICATION OF TRACKED COMBAT VEHICLES 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ................................. 72,000 

Army unfunded requirement ................................................................................ [72,000 ] 

013 M1 ABRAMS TANK (MOD) ...................................................................................... 140,000 

Army unfunded requirement—Industrial base risk mitigation ........................... [60,000 ] 

Army unfunded requirement—Vehicle APS ........................................................ [80,000 ] 

UNDISTRIBUTED 

036A UNDISTRIBUTED .................................................................................................... 55,100 

Additional funding to support increase in Army end strength ............................ [55,100 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ................................ 267,100 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 


emcdonald on DSK3SPTVN1PROD with BILLS
1334 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

001 CTG, 5.56MM, ALL TYPES ...................................................................................... 4,000 

Army unfunded requirement ................................................................................ [4,000 ] 

002 CTG, 7.62MM, ALL TYPES ...................................................................................... 14,000 

Army unfunded requirement ................................................................................ [14,000 ] 

003 CTG, HANDGUN, ALL TYPES ............................................................................... 9,000 

Army unfunded requirement ................................................................................ [9,000 ] 

004 CTG, .50 CAL, ALL TYPES ..................................................................................... 21,000 

Army unfunded requirement ................................................................................ [21,000 ] 

005 CTG, 20MM, ALL TYPES ......................................................................................... 14,000 

Army unfunded requirement ................................................................................ [14,000 ] 

007 CTG, 30MM, ALL TYPES ......................................................................................... 8,200 

Army unfunded requirement ................................................................................ [8,200 ] 

MORTAR AMMUNITION 

011 120MM MORTAR, ALL TYPES ............................................................................... 30,000 

Army unfunded requirement ................................................................................ [30,000 ] 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ................................. 35,000 

Army unfunded requirement ................................................................................ [35,000 ] 

ARTILLERY AMMUNITION 

015 PROJ 155MM EXTENDED RANGE M982 ............................................................. 23,500 

Army unfunded requirement ................................................................................ [23,500 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................ 10,000 

Army unfunded requirement ................................................................................ [10,000 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ......................................... 30,000 

Army unfunded requirement ................................................................................ [30,000 ] 

020 ROCKET, HYDRA 70, ALL TYPES ........................................................................ 42,500 

Army unfunded requirement ................................................................................ [27,500 ] 

Army unfunded requirement- guided hydra rockets ............................................ [15,000 ] 

UNDISTRIBUTED 

034A UNDISTRIBUTED .................................................................................................... 46,500 

Additional funding to support increase in Army end strength ............................ [46,500 ] 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .................. 287,700 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................. 152,000 152,000 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK ........................................... 80,000 

BBA Restoration—2BCTs - Increment 2 ........................................................... [80,000 ] 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ................................... 8,400 

Army unfunded requirement- CRAM Upgrades and MODS ............................... [8,400 ] 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP .......................................................... 9,900 9,900 

UNDISTRIBUTED 

180 UNDISTRIBUTED .................................................................................................... 18,400 

Additional funding to support increase in Army end strength ............................ [18,400 ] 

TOTAL OTHER PROCUREMENT, ARMY ........................................ 161,900 268,700 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 

NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE ............................................. 113,272 113,272 

TOTAL JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

FUND.

113,272 113,272 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

002 F/A–18E/F (FIGHTER) HORNET ........................................................................... 1,400,000 

Navy unfunded requirement ................................................................................ [1,400,000 ] 

003 JOINT STRIKE FIGHTER CV ................................................................................ 540,000 

Marine Corps unfunded requirement ................................................................... [270,000 ] 

Navy unfunded requirement ................................................................................ [270,000 ] 

005 JSF STOVL ................................................................................................................ 254,200 

Marine Corps unfunded requirement ................................................................... [254,200 ] 

009 V–22 (MEDIUM LIFT) .............................................................................................. 150,000 

Marine Corps unfunded requirement ................................................................... [150,000 ] 

011 H–1 UPGRADES (UH–1Y/AH–1Z) .......................................................................... 57,000 

Marine Corps unfunded requirement- AH–1Zs ................................................... [57,000 ] 

AIRLIFT AIRCRAFT 

019A C–40A .......................................................................................................................... 415,000 

Marine Corps unfunded requirement ................................................................... [207,500 ] 

Navy unfunded requirement ................................................................................ [207,500 ] 

OTHER AIRCRAFT 

023 MQ–4 TRITON ........................................................................................................... 95,000 

Additional system—ISR shortfalls ....................................................................... [95,000 ] 

025 MQ–8 UAV .................................................................................................................. 47,500 

Scope Increase ...................................................................................................... [47,500 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1335 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

MODIFICATION OF AIRCRAFT 

034 H–53 SERIES ............................................................................................................. 16,100 

Accelerate readiness improvement ....................................................................... [2,800 ] 

Marine Corps unfunded requirement- degraded visual environment ................... [13,300 ] 

035 SH–60 SERIES .......................................................................................................... 3,000 3,000 

036 H–1 SERIES ............................................................................................................... 3,740 27,140 

Accelerate readiness improvement ....................................................................... [23,400 ] 

051 COMMON ECM EQUIPMENT ................................................................................. 27,460 27,460 

059 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................................... 39,300 

Marine Corps unfunded requirement- SPMAGTF- C4 UUNS ........................... [39,300 ] 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS ............................................................................... 140,300 

KC–130J spares ................................................................................................... [36,000 ] 

Marine Corps unfunded requirement- F35 B spares .......................................... [91,000 ] 

Marine Corps unfunded requirement- F35 C spares ........................................... [13,300 ] 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................................. 34,200 3,212,000 

WEAPONS PROCUREMENT, NAVY 

STRATEGIC MISSILES 

003 TOMAHAWK .............................................................................................................. 76,000 

Scope Increase ...................................................................................................... [76,000 ] 

TACTICAL MISSILES 

005 SIDEWINDER ............................................................................................................ 33,000 

Navy unfunded requirement ................................................................................ [33,000 ] 

015A LCS OVER-THE-HORIZON MISSILE .................................................................... 18,100 

Navy unfunded requirement ................................................................................ [18,100 ] 

TOTAL WEAPONS PROCUREMENT, NAVY .................................. 127,100 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ................................................................................ 58,000 

Navy unfunded requirement—JDAM components .............................................. [58,000 ] 

MARINE CORPS AMMUNITION 

023 ARTILLERY, ALL TYPES ....................................................................................... 19,200 

Marine Corps unfunded requirement- GMLRS AW munitions ........................... [19,200 ] 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...................... 77,200 

SHIPBUILDING AND CONVERSION, NAVY 

OTHER WARSHIPS 

003 ADVANCE PROCUREMENT (CY) ...................................................................... 263,000 

Advance Procurement for CVN–81 ..................................................................... [263,000 ] 

005 ADVANCE PROCUREMENT (CY) ...................................................................... 85,000 

Long-lead Time Materiel Orders ......................................................................... [85,000 ] 

009 DDG–51 ....................................................................................................................... 433,000 

Scope Increase ...................................................................................................... [433,000 ] 

011 LITTORAL COMBAT SHIP ..................................................................................... 384,700 

Scope Increase ...................................................................................................... [384,700 ] 

AMPHIBIOUS SHIPS 

012A AMPHIBIOUS SHIP REPLACEMENT LX(R) ....................................................... 856,000 

Procurement of LX (R) ....................................................................................... [856,000 ] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

026 SHIP TO SHORE CONNECTOR ............................................................................. 165,000 

Scope Increase ...................................................................................................... [165,000 ] 

028 LCAC SLEP ................................................................................................................ 80,300 

Scope Increase ...................................................................................................... [80,300 ] 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .................. 2,267,000 

OTHER PROCUREMENT, NAVY 

OTHER SHIPBOARD EQUIPMENT 

009 DDG MOD .................................................................................................................. 65,000 

Scope Increase ...................................................................................................... [65,000 ] 

SMALL BOATS 

032 STANDARD BOATS .................................................................................................. 20,000 

Program Acceleration ........................................................................................... [20,000 ] 

OTHER SHIP SUPPORT 

039A LCS LAUNCHER ....................................................................................................... 24,900 

Navy unfunded requirement ................................................................................ [24,900 ] 

AIRCRAFT SUPPORT EQUIPMENT 

104 WEAPONS RANGE SUPPORT EQUIPMENT ....................................................... 9,000 

Navy unfunded requirement—Barking Sands Tactical Underwater Range ....... [9,000 ] 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...................................................... 59,329 59,329 

TOTAL OTHER PROCUREMENT, NAVY ........................................ 59,329 178,229 

PROCUREMENT, MARINE CORPS 

ARTILLERY AND OTHER WEAPONS 

004 155MM LIGHTWEIGHT TOWED HOWITZER ..................................................... 14,000 

Marine Corps unfunded requirement- chrome tubes ........................................... [14,000 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1336 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

OTHER SUPPORT (NON-TEL) 

036 COMMAND POST SYSTEMS ................................................................................... 40,800 

Marine Corps unfunded requirement- SPMAGTF—C4 UUNS .......................... [40,800 ] 

TOTAL PROCUREMENT, MARINE CORPS ................................... 54,800 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ............................................................................................................................ 690,500 

Air Force unfunded requirement ......................................................................... [690,500 ] 

OTHER AIRLIFT 

004 C–130J ........................................................................................................................ 271,500 

Scope Increase ...................................................................................................... [271,500 ] 

HELICOPTERS 

010 UUH–1N REPLACEMENT ....................................................................................... 80,000 

Program increase to address urgent need ........................................................... [80,000 ] 

OTHER AIRCRAFT 

015 MQ–9 ........................................................................................................................... 179,430 179,430 

015A EC–130H ..................................................................................................................... 103,000 

Scope increase ...................................................................................................... [103,000 ] 

TACTICAL AIRCRAFT 

020 A–10 ............................................................................................................................. 218,500 

A–10 wing upgrades ............................................................................................. [120,000 ] 

Air Force unfunded requirement- A–10 antijam GPS ........................................ [10,300 ] 

Air Force unfunded requirement- A–10 situation awareness upgrade kits ......... [23,200 ] 

Air Force unfunded requirement- ASE radar warning receiver upgrades .......... [65,000 ] 

021 F–15 ............................................................................................................................ 60,400 

Air Force unfunded requirement- ASE radar warning receiver upgrades .......... [60,400 ] 

022 F–16 ............................................................................................................................ 187,500 

Air Force unfunded requirement- antijam GPS .................................................. [5,000 ] 

Air Force unfunded requirement- missile warning system .................................. [12,000 ] 

Air Force unfunded requirement- radar warning receiver upgrades ................... [170,500 ] 

OTHER AIRCRAFT 

049 E–8 .............................................................................................................................. 17,500 

Additional 2 PME-DMS kits ............................................................................... [17,500 ] 

054 H–60 ............................................................................................................................ 70,700 

Air Force unfunded requirement- ASE radar warning receivers ........................ [70,700 ] 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..................... 179,430 1,879,030 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

007 SMALL DIAMETER BOMB ..................................................................................... 167,800 167,800 

CLASS IV 

011 AGM–65D MAVERICK .............................................................................................. 16,900 16,900

TOTAL MISSILE PROCUREMENT, AIR FORCE ......................... 184,700 184,700 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ................................................................................................................... 60,000 60,000 

BOMBS 

006 JOINT DIRECT ATTACK MUNITION ................................................................... 263,000 263,000 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ....... 323,000 323,000 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

007 TELEPORT PROGRAM ............................................................................................ 2,000 2,000 

016 DEFENSE INFORMATION SYSTEMS NETWORK ............................................. 2,000 2,000 

TOTAL PROCUREMENT, DEFENSE-WIDE ................................... 4,000 4,000 

TOTAL PROCUREMENT ....................................................................... 1,287,871 10,728,171 


emcdonald on DSK3SPTVN1PROD with BILLS
1337 

HR 4909 PCS

1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH .............. 12,381 12,381 

002 0601102A DEFENSE RESEARCH SCIENCES .................................................... 253,116 253,116 

003 0601103A UNIVERSITY RESEARCH INITIATIVES .......................................... 69,166 69,166 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ................ 94,280 94,280 

SUBTOTAL BASIC RESEARCH .............................................. 428,943 428,943 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ............................................................... 31,533 31,533 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ............................ 36,109 36,109 

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

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

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ....................................... 25,466 25,466 

010 0602303A MISSILE TECHNOLOGY ..................................................................... 44,313 44,313 

011 0602307A ADVANCED WEAPONS TECHNOLOGY ........................................... 28,803 28,803 

012 0602308A ADVANCED CONCEPTS AND SIMULATION .................................. 27,688 27,688 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ............. 67,959 67,959 

014 0602618A BALLISTICS TECHNOLOGY .............................................................. 85,436 85,436 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY.3,923 3,923 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ..................................... 5,545 5,545 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ................................. 53,581 53,581 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............................... 56,322 56,322 

019 0602709A NIGHT VISION TECHNOLOGY .......................................................... 36,079 36,079 

020 0602712A COUNTERMINE SYSTEMS ................................................................. 26,497 26,497 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...................... 23,671 23,671 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ................................ 22,151 22,151 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ...... 37,803 37,803 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............................... 13,811 13,811 

025 0602784A MILITARY ENGINEERING TECHNOLOGY ..................................... 67,416 67,416 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ................. 26,045 26,045 

027 0602786A WARFIGHTER TECHNOLOGY ........................................................... 37,403 42,403 

Program Increase ............................................................................. [5,000 ] 

028 0602787A MEDICAL TECHNOLOGY ................................................................... 77,111 77,111 

SUBTOTAL APPLIED RESEARCH ........................................ 907,574 912,574 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................................... 38,831 38,831 

030 0603002A MEDICAL ADVANCED TECHNOLOGY ............................................ 68,365 68,365 

031 0603003A AVIATION ADVANCED TECHNOLOGY ............................................ 94,280 94,280 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY .......... 68,714 68,714 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY.122,132 122,132 

034 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY ...................... 3,904 3,904 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.14,417 14,417 

037 0603009A TRACTOR HIKE .................................................................................... 8,074 21,374 

See classified annex .......................................................................... [13,300 ] 

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ...... 18,969 18,969 

039 0603020A TRACTOR ROSE ................................................................................... 11,910 11,910 

040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT .... 27,686 27,686 

041 0603130A TRACTOR NAIL .................................................................................... 2,340 2,340 

042 0603131A TRACTOR EGGS ................................................................................... 2,470 2,470 

043 0603270A ELECTRONIC WARFARE TECHNOLOGY ....................................... 27,893 27,893 

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY .................... 52,190 52,190 

045 0603322A TRACTOR CAGE ................................................................................... 11,107 11,107 

046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.177,190 179,190 

Program increase ............................................................................. [2,000 ] 

047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY.17,451 17,451 


emcdonald on DSK3SPTVN1PROD with BILLS
1338 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

048 0603607A JOINT SERVICE SMALL ARMS PROGRAM ..................................... 5,839 5,839 

049 0603710A NIGHT VISION ADVANCED TECHNOLOGY ................................... 44,468 44,468 

050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.11,137 11,137 

051 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY .............. 20,684 20,684 

052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR 

TECHNOLOGY.

44,239 44,239 

053 0603794A C3 ADVANCED TECHNOLOGY .......................................................... 35,775 35,775 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.930,065 945,365 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

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

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ......................................... 23,056 23,056 

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...................... 72,117 72,117 

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV 

DEV.

28,244 28,244 

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION .............................. 40,096 40,096 

059 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................................... 10,506 10,506 

060 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 15,730 15,730 

061 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ............. 10,321 10,321 

062 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ........... 7,785 7,785 

063 0603790A NATO RESEARCH AND DEVELOPMENT ....................................... 2,300 2,300 

064 0603801A AVIATION—ADV DEV ......................................................................... 10,014 10,014 

065 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ............... 20,834 20,834 

066 0603807A MEDICAL SYSTEMS—ADV DEV ....................................................... 33,503 41,003 

Program increase ............................................................................. [7,500 ] 

067 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..................... 31,120 31,120 

068 0604100A ANALYSIS OF ALTERNATIVES ........................................................ 6,608 6,608 

069 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR ......... 35,132 35,132 

070 0604115A TECHNOLOGY MATURATION INITIATIVES .................................. 70,047 70,047 

071 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) .... 83,279 83,279 

073 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT .. 40,510 40,510 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.550,635 558,135 

SYSTEM DEVELOPMENT & DEMONSTRATION 

074 0604201A AIRCRAFT AVIONICS .......................................................................... 83,248 83,248 

075 0604270A ELECTRONIC WARFARE DEVELOPMENT .................................... 34,642 34,642 

077 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) .............. 12,172 12,172 

078 0604321A ALL SOURCE ANALYSIS SYSTEM .................................................... 3,958 3,958 

079 0604328A TRACTOR CAGE ................................................................................... 12,525 12,525 

080 0604601A INFANTRY SUPPORT WEAPONS ..................................................... 66,943 66,943 

082 0604611A JAVELIN ................................................................................................ 20,011 20,011 

083 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................................... 11,429 11,429 

084 0604633A AIR TRAFFIC CONTROL .................................................................... 3,421 3,421 

085 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) .................. 39,282 39,282 

086 0604642A LIGHT TACTICAL WHEELED VEHICLES ...................................... 494 494 

087 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ....... 9,678 9,678 

088 0604710A NIGHT VISION SYSTEMS—ENG DEV ............................................. 84,519 84,519 

089 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .................... 2,054 2,054 

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ............................ 30,774 30,774 

091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE— 

ENG DEV.

53,332 61,332 

Program increase- all digital radar technology for CRAM .............. [8,000 ] 

092 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ....... 17,887 17,887 

093 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ....................... 8,813 8,813 

094 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG 

DEV.

10,487 10,487 

095 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ............... 15,068 15,068 

096 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION .......... 89,716 89,716 

097 0604802A WEAPONS AND MUNITIONS—ENG DEV ....................................... 80,365 80,365 

098 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ............... 75,098 86,198 

Program Increase- next generation signature management ............ [11,100 ] 

099 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG 

DEV.

4,245 4,245 

100 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE 

EQUIPMENT—ENG DEV.

41,124 41,124 

101 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ................................ 39,630 39,630 

102 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & 

SOFTWARE.

205,590 205,590 

103 0604820A RADAR DEVELOPMENT ..................................................................... 15,983 15,983 

104 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 6,805 6,805 

105 0604823A FIREFINDER ........................................................................................ 9,235 9,235 

106 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................................... 12,393 12,393 

107 0604854A ARTILLERY SYSTEMS—EMD ........................................................... 1,756 1,756 

108 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .......................... 74,236 74,236 


emcdonald on DSK3SPTVN1PROD with BILLS
1339 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

109 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 155,584 155,584 

110 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ........................... 184,221 184,221 

111 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE RESPONSE CAPABILITY (IGSSR-C).4,980 4,980 

112 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ............................ 15,041 15,041 

113 0605031A JOINT TACTICAL NETWORK (JTN) ................................................ 16,014 16,014 

114 0605032A TRACTOR TIRE .................................................................................... 27,254 27,254 

115 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM— 

EXPEDITIONARY (GBOSS-E).

5,032 5,032 

116 0605034A TACTICAL SECURITY SYSTEM (TSS) ............................................. 2,904 2,904 

117 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ................. 96,977 96,977 

118 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) ...... 2,089 2,089 

119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ................................. 33,836 33,836 

120 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ................. 18,824 18,824 

121 0605047A CONTRACT WRITING SYSTEM ......................................................... 20,663 20,663 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............................... 41,133 41,133 

123 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 83,995 83,995 

125 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) ........................... 5,028 5,028 

126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ..................................... 42,972 42,972 

128 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) .... 252,811 252,811 

131 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ......................... 4,955 4,955 

132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING 

AND MANUFACTURING DEVELOPMENT PH.

11,530 11,530 

133 0605830A AVIATION GROUND SUPPORT EQUIPMENT ................................ 2,142 2,142 

134 0210609A PALADIN INTEGRATED MANAGEMENT (PIM) ............................ 41,498 41,498 

135 0303032A TROJAN—RH12 .................................................................................... 4,273 4,273 

136 0304270A ELECTRONIC WARFARE DEVELOPMENT .................................... 14,425 14,425 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.2,265,094 2,284,194 

RDT&E MANAGEMENT SUPPORT 

137 0604256A THREAT SIMULATOR DEVELOPMENT .......................................... 25,675 25,675 

138 0604258A TARGET SYSTEMS DEVELOPMENT ............................................... 19,122 19,122 

139 0604759A MAJOR T&E INVESTMENT ................................................................ 84,777 84,777 

140 0605103A RAND ARROYO CENTER .................................................................... 20,658 20,658 

141 0605301A ARMY KWAJALEIN ATOLL ................................................................ 236,648 236,648 

142 0605326A CONCEPTS EXPERIMENTATION PROGRAM ................................. 25,596 25,596 

144 0605601A ARMY TEST RANGES AND FACILITIES ......................................... 293,748 293,748 

145 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 52,404 52,404 

146 0605604A SURVIVABILITY/LETHALITY ANALYSIS ....................................... 38,571 38,571 

147 0605606A AIRCRAFT CERTIFICATION .............................................................. 4,665 4,665 

148 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ............. 6,925 6,925 

149 0605706A MATERIEL SYSTEMS ANALYSIS ..................................................... 21,677 21,677 

150 0605709A EXPLOITATION OF FOREIGN ITEMS ............................................. 12,415 12,415 

151 0605712A SUPPORT OF OPERATIONAL TESTING ......................................... 49,684 49,684 

152 0605716A ARMY EVALUATION CENTER .......................................................... 55,905 55,905 

153 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ... 7,959 7,959 

154 0605801A PROGRAMWIDE ACTIVITIES ............................................................ 51,822 51,822 

155 0605803A TECHNICAL INFORMATION ACTIVITIES ...................................... 33,323 33,323 

156 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND 

SAFETY.

40,545 40,545 

157 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 2,130 2,130 

158 0605898A MANAGEMENT HQ—R&D .................................................................. 49,885 49,885 

159 0303260A DEFENSE MILITARY DECEPTION INITIATIVE ........................... 2,000 2,000 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .............. 1,136,134 1,136,134 

OPERATIONAL SYSTEMS DEVELOPMENT 

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ................................ 9,663 9,663 

162 0603813A TRACTOR PULL ................................................................................... 3,960 3,960 

163 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ....................................... 3,638 3,638 

164 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.14,517 14,517 

165 0607133A TRACTOR SMOKE ................................................................................ 4,479 4,479 

166 0607134A LONG RANGE PRECISION FIRES (LRPF) ...................................... 39,275 39,275 

167 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM ........................... 66,441 66,441 

168 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM .................. 46,765 46,765 

169 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ......................... 91,848 91,848 

170 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM .................. 796 796 

171 0607139A IMPROVED TURBINE ENGINE PROGRAM .................................... 126,105 126,105 

172 0607140A EMERGING TECHNOLOGIES FROM NIE ....................................... 2,369 2,369 

173 0607141A LOGISTICS AUTOMATION ................................................................. 4,563 4,563 

174 0607665A FAMILY OF BIOMETRICS .................................................................. 12,098 12,098 

175 0607865A PATRIOT PRODUCT IMPROVEMENT .............................................. 49,482 49,482 

176 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ...................... 45,482 2,482 

Program reduction ........................................................................... [–43,000 ] 

178 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).30,455 30,455 

179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ......................... 316,857 316,857 


emcdonald on DSK3SPTVN1PROD with BILLS
1340 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

180 0203740A MANEUVER CONTROL SYSTEM ....................................................... 4,031 4,031 

181 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.35,793 35,793 

182 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 259 259 

183 0203758A DIGITIZATION ...................................................................................... 6,483 6,483 

184 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 5,122 5,122 

185 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS .......... 7,491 7,491 

186 0203808A TRACTOR CARD ................................................................................... 20,333 20,333 

188 0205410A MATERIALS HANDLING EQUIPMENT ........................................... 124 124 

190 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM .... 69,417 69,417 

191 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ....... 22,044 22,044 

192 0208053A JOINT TACTICAL GROUND SYSTEM .............................................. 12,649 12,649 

194 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .............................. 11,619 11,619 

195 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ......................... 38,280 38,280 

196 0303141A GLOBAL COMBAT SUPPORT SYSTEM ............................................ 27,223 27,223 

197 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ................................ 18,815 18,815 

198 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ............ 4,718 4,718 

202 0305204A TACTICAL UNMANNED AERIAL VEHICLES ................................. 8,218 8,218 

203 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ..................................... 11,799 11,799 

204 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 32,284 32,284 

205 0305219A MQ–1C GRAY EAGLE UAS .................................................................. 13,470 13,470 

206 0305232A RQ–11 UAV ............................................................................................. 1,613 1,613 

207 0305233A RQ–7 UAV ............................................................................................... 4,597 4,597

209 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING .......................... 4,867 4,867 

210 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ............ 62,287 62,287 

210A 9999999999 CLASSIFIED PROGRAMS ................................................................... 4,625 4,625 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.1,296,954 1,253,954 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

7,515,399 7,519,299 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES .......................................... 101,714 121,714 

Program increase ............................................................................. [20,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH .............. 18,508 18,508 

003 0601153N DEFENSE RESEARCH SCIENCES .................................................... 422,748 422,748 

SUBTOTAL BASIC RESEARCH .............................................. 542,970 562,970 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ................................ 41,371 41,371 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ................................. 158,745 158,745 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ...................... 51,590 51,590 

007 0602235N COMMON PICTURE APPLIED RESEARCH ..................................... 41,185 41,185 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ................. 45,467 45,467 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ............... 118,941 118,941 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 42,618 74,618 

Service Life Extension Program—AGOR ........................................ [32,000 ] 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ............. 6,327 6,327 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............................... 126,313 126,313 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ............. 165,103 165,103 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 33,916 33,916 

015 0602898N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR HEADQUARTERS.29,575 29,575 

SUBTOTAL APPLIED RESEARCH ........................................ 861,151 893,151 

ADVANCED TECHNOLOGY DEVELOPMENT 

016 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...................... 96,406 106,406 

Program increase for common mount .............................................. [10,000 ] 

017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ....................... 48,438 48,438 

018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ..... 26,421 26,421 

019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) .... 140,416 140,416 

020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.13,117 13,117 

021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY 

DEVELOPMENT.

249,092 249,092 

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ............................... 56,712 56,712 

023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY .......... 4,789 4,789 

024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY .................... 25,880 25,880 

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.60,550 65,550 

Program Increase ............................................................................. [5,000 ] 

026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.15,167 15,167 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.736,988 751,988 


emcdonald on DSK3SPTVN1PROD with BILLS
1341 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603207N AIR/OCEAN TACTICAL APPLICATIONS .......................................... 48,536 48,536 

028 0603216N AVIATION SURVIVABILITY ............................................................... 5,239 5,239 

030 0603251N AIRCRAFT SYSTEMS ........................................................................... 1,519 1,519 

031 0603254N ASW SYSTEMS DEVELOPMENT ....................................................... 7,041 7,041 

032 0603261N TACTICAL AIRBORNE RECONNAISSANCE .................................... 3,274 3,274 

033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ........................... 57,034 72,034 

Program Increase ............................................................................. [15,000 ] 

034 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.165,775 165,775 

035 0603506N SURFACE SHIP TORPEDO DEFENSE ............................................ 87,066 87,066 

036 0603512N CARRIER SYSTEMS DEVELOPMENT .............................................. 7,605 7,605 

037 0603525N PILOT FISH ........................................................................................... 132,068 132,068 

038 0603527N RETRACT LARCH ................................................................................ 14,546 14,546 

039 0603536N RETRACT JUNIPER ............................................................................ 115,435 115,435 

040 0603542N RADIOLOGICAL CONTROL ................................................................ 702 702 

041 0603553N SURFACE ASW ...................................................................................... 1,081 1,081 

042 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ................... 100,565 100,565 

043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .............................. 8,782 8,782 

044 0603563N SHIP CONCEPT ADVANCED DESIGN ............................................. 14,590 14,590 

045 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ........... 15,805 15,805 

046 0603570N ADVANCED NUCLEAR POWER SYSTEMS ...................................... 453,313 453,313 

047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ............................. 36,655 36,655 

048 0603576N CHALK EAGLE ..................................................................................... 367,016 367,016 

049 0603581N LITTORAL COMBAT SHIP (LCS) ...................................................... 51,630 51,630 

050 0603582N COMBAT SYSTEM INTEGRATION .................................................... 23,530 23,530 

051 0603595N OHIO REPLACEMENT ........................................................................ 700,811 700,811 

052 0603596N LCS MISSION MODULES .................................................................... 160,058 129,158 

Program Restructure ....................................................................... [–30,900 ] 

053 0603597N AUTOMATED TEST AND ANALYSIS ............................................... 8,000 

Program increase ............................................................................. [8,000 ] 

054 0603599N FRIGATE DEVELOPMENT ................................................................. 84,900 84,900 

055 0603609N CONVENTIONAL MUNITIONS ........................................................... 8,342 8,342 

056 0603611M MARINE CORPS ASSAULT VEHICLES ............................................ 158,682 158,682 

057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ............. 1,303 1,303 

058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 46,911 46,911 

060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ............ 4,556 4,556 

061 0603721N ENVIRONMENTAL PROTECTION .................................................... 20,343 20,343 

062 0603724N NAVY ENERGY PROGRAM ................................................................. 52,479 52,479 

063 0603725N FACILITIES IMPROVEMENT ............................................................. 5,458 5,458 

064 0603734N CHALK CORAL ..................................................................................... 245,860 245,860 

065 0603739N NAVY LOGISTIC PRODUCTIVITY ..................................................... 3,089 3,089 

066 0603746N RETRACT MAPLE ................................................................................ 323,526 323,526 

067 0603748N LINK PLUMERIA .................................................................................. 318,497 318,497 

068 0603751N RETRACT ELM ..................................................................................... 52,834 52,834 

069 0603764N LINK EVERGREEN .............................................................................. 48,116 48,116 

070 0603787N SPECIAL PROCESSES ......................................................................... 13,619 13,619 

071 0603790N NATO RESEARCH AND DEVELOPMENT ....................................... 9,867 9,867 

072 0603795N LAND ATTACK TECHNOLOGY ......................................................... 6,015 6,015 

073 0603851M JOINT NON-LETHAL WEAPONS TESTING .................................... 27,904 27,904 

074 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS— 

DEM/VAL.

104,144 104,144 

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ........ 32,700 32,700 

076 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER 

(CVN 78—80).

70,528 70,528 

077 0604122N REMOTE MINEHUNTING SYSTEM (RMS) ...................................... 3,001 3,001 

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).34,920 34,920 

080 0604292N MH-XX .................................................................................................... 1,620 1,620 

081 0604454N LX (R) ..................................................................................................... 6,354 6,354 

082 0604536N ADVANCED UNDERSEA PROTOTYPING ........................................ 78,589 78,589 

084 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ..... 9,910 9,910 

085 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ 

ENGINEERING SUPPORT.

23,971 23,971 

086 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.252,409 252,409 

087 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING 

AND MANUFACTURING DEVELOPMENT PH.

23,197 23,197 

088 0303354N ASW SYSTEMS DEVELOPMENT—MIP ............................................ 9,110 9,110 

089 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ......................... 437 437 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,662,867 4,654,967 

SYSTEM DEVELOPMENT & DEMONSTRATION 

090 0603208N TRAINING SYSTEM AIRCRAFT ........................................................ 19,938 19,938 

091 0604212N OTHER HELO DEVELOPMENT ........................................................ 6,268 6,268 

092 0604214N AV–8B AIRCRAFT—ENG DEV ........................................................... 33,664 33,664 


emcdonald on DSK3SPTVN1PROD with BILLS
1342 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

093 0604215N STANDARDS DEVELOPMENT ........................................................... 1,300 1,300 

094 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ..... 5,275 5,275 

095 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ...................................... 3,875 3,875 

096 0604221N P–3 MODERNIZATION PROGRAM .................................................... 1,909 1,909 

097 0604230N WARFARE SUPPORT SYSTEM .......................................................... 13,237 13,237 

098 0604231N TACTICAL COMMAND SYSTEM ........................................................ 36,323 36,323 

099 0604234N ADVANCED HAWKEYE ....................................................................... 363,792 363,792 

100 0604245N H–1 UPGRADES .................................................................................... 27,441 27,441 

101 0604261N ACOUSTIC SEARCH SENSORS .......................................................... 34,525 34,525 

102 0604262N V–22A ...................................................................................................... 174,423 174,423 

103 0604264N AIR CREW SYSTEMS DEVELOPMENT ............................................ 13,577 13,577 

104 0604269N EA–18 ...................................................................................................... 116,761 116,761 

105 0604270N ELECTRONIC WARFARE DEVELOPMENT .................................... 48,766 48,766 

106 0604273N EXECUTIVE HELO DEVELOPMENT ............................................... 338,357 338,357 

107 0604274N NEXT GENERATION JAMMER (NGJ) .............................................. 577,822 577,822 

108 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ........... 2,365 2,365 

109 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II ................. 52,065 52,065 

110 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 282,764 282,764 

111 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...................................... 580 580 

112 0604329N SMALL DIAMETER BOMB (SDB) ..................................................... 97,622 97,622 

113 0604366N STANDARD MISSILE IMPROVEMENTS .......................................... 120,561 120,561 

114 0604373N AIRBORNE MCM ................................................................................... 45,622 45,622 

116 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING.25,750 25,750 

118 0604501N ADVANCED ABOVE WATER SENSORS ........................................... 85,868 85,868 

119 0604503N SSN–688 AND TRIDENT MODERNIZATION ................................... 117,476 117,476 

120 0604504N AIR CONTROL ....................................................................................... 47,404 47,404 

121 0604512N SHIPBOARD AVIATION SYSTEMS ................................................... 112,158 112,158 

122 0604518N COMBAT INFORMATION CENTER CONVERSION ........................ 6,283 6,283 

123 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ............. 144,395 144,395 

124 0604558N NEW DESIGN SSN ............................................................................... 113,013 113,013 

125 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ................................ 43,160 43,160 

126 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .................................. 65,002 85,002 

CVN Design ..................................................................................... [20,000 ] 

127 0604574N NAVY TACTICAL COMPUTER RESOURCES ................................... 3,098 3,098 

128 0604580N VIRGINIA PAYLOAD MODULE (VPM) ............................................. 97,920 97,920 

129 0604601N MINE DEVELOPMENT ........................................................................ 10,490 10,490 

130 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .................................. 20,178 20,178 

131 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 7,369 7,369 

132 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS.4,995 4,995 

133 0604727N JOINT STANDOFF WEAPON SYSTEMS .......................................... 412 412 

134 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ............................. 134,619 134,619 

135 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ............................ 114,475 105,475 

Program Execution .......................................................................... [–9,000 ] 

136 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...................... 114,211 114,211 

137 0604761N INTELLIGENCE ENGINEERING ...................................................... 11,029 11,029 

138 0604771N MEDICAL DEVELOPMENT ................................................................ 9,220 9,220 

139 0604777N NAVIGATION/ID SYSTEM ................................................................... 42,723 42,723 

140 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ........................................... 531,426 531,426 

141 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ........................................... 528,716 528,716 

142 0604810M JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—MARINE CORPS.74,227 74,227 

143 0604810N JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT— 

NAVY.

63,387 63,387 

144 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .......................... 4,856 4,856 

145 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .......................... 97,066 97,066 

146 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ....................................... 2,500 2,500 

147 0605212N CH–53K RDTE ....................................................................................... 404,810 404,810 

148 0605215N MISSION PLANNING ........................................................................... 33,570 33,570 

149 0605217N COMMON AVIONICS ............................................................................ 51,599 51,599 

150 0605220N SHIP TO SHORE CONNECTOR (SSC) .............................................. 11,088 11,088 

151 0605327N T-AO (X) ................................................................................................. 1,095 1,095 

152 0605414N MQ-XX ..................................................................................................... 89,000 77,000 

Excess Obligation ............................................................................. [–12,000 ] 

153 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ..................................... 17,880 17,880 

154 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ............................ 59,126 59,126 

155 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III .................. 182,220 182,220 

156 0204202N DDG–1000 ............................................................................................... 45,642 45,642 

159 0304231N TACTICAL COMMAND SYSTEM—MIP ............................................. 676 676 

160 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .............................................. 36,747 36,747 

161 0305124N SPECIAL APPLICATIONS PROGRAM ............................................... 35,002 35,002 

162 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............... 4,942 4,942 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,025,655 6,024,655 

MANAGEMENT SUPPORT 

163 0604256N THREAT SIMULATOR DEVELOPMENT .......................................... 16,633 16,633 


emcdonald on DSK3SPTVN1PROD with BILLS
1343 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

164 0604258N TARGET SYSTEMS DEVELOPMENT ............................................... 36,662 36,662 

165 0604759N MAJOR T&E INVESTMENT ................................................................ 42,109 42,109 

166 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION.2,998 2,998 

167 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ................................. 3,931 3,931 

168 0605154N CENTER FOR NAVAL ANALYSES .................................................... 46,634 46,634 

169 0605285N NEXT GENERATION FIGHTER ........................................................ 1,200 1,200 

171 0605804N TECHNICAL INFORMATION SERVICES ......................................... 903 903 

172 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT .... 87,077 87,077 

173 0605856N STRATEGIC TECHNICAL SUPPORT ................................................ 3,597 3,597 

174 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ............... 62,811 62,811 

175 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ........................................ 106,093 106,093 

176 0605864N TEST AND EVALUATION SUPPORT ................................................ 349,146 349,146 

177 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ............. 18,160 18,160 

178 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 9,658 9,658 

179 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT .................. 6,500 6,500 

180 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ................................. 22,247 22,247 

181 0605898N MANAGEMENT HQ—R&D .................................................................. 16,254 16,254 

182 0606355N WARFARE INNOVATION MANAGEMENT ....................................... 21,123 21,123 

SUBTOTAL MANAGEMENT SUPPORT ............................... 853,736 853,736 

OPERATIONAL SYSTEMS DEVELOPMENT 

188 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ..................... 84,501 84,501 

189 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL ....................... 2,970 2,970 

190 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...................... 136,556 136,556 

191 0101224N SSBN SECURITY TECHNOLOGY PROGRAM .................................. 33,845 33,845 

192 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT .................. 9,329 9,329 

193 0101402N NAVY STRATEGIC COMMUNICATIONS ........................................... 17,218 17,218 

195 0204136N F/A–18 SQUADRONS ............................................................................ 189,125 189,125 

196 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ............................. 48,225 48,225 

197 0204228N SURFACE SUPPORT ............................................................................ 21,156 21,156 

198 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER 

(TMPC).

71,355 71,355 

199 0204311N INTEGRATED SURVEILLANCE SYSTEM ....................................... 58,542 58,542 

200 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT 

CRAFT).

13,929 13,929 

201 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................... 83,538 83,538 

202 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ............ 38,593 38,593 

203 0204574N CRYPTOLOGIC DIRECT SUPPORT ................................................... 1,122 1,122 

204 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT .............. 99,998 99,998 

205 0205601N HARM IMPROVEMENT ....................................................................... 48,635 48,635 

206 0205604N TACTICAL DATA LINKS ..................................................................... 124,785 124,785 

207 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ....................... 24,583 24,583 

208 0205632N MK–48 ADCAP ....................................................................................... 39,134 39,134 

209 0205633N AVIATION IMPROVEMENTS .............................................................. 120,861 120,861 

210 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............................... 101,786 101,786 

211 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ............................ 82,159 82,159 

212 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM 

(CAC2S).

11,850 11,850 

213 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.47,877 47,877 

214 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ........................... 13,194 13,194 

215 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS 

(MIP).

17,171 17,171 

216 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................................... 38,020 38,020 

217 0207161N TACTICAL AIM MISSILES .................................................................. 56,285 56,285 

218 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 40,350 40,350 

219 0219902M GLOBAL COMBAT SUPPORT SYSTEM—MARINE CORPS 

(GCSS-MC).

9,128 9,128 

223 0303109N SATELLITE COMMUNICATIONS (SPACE) ...................................... 37,372 37,372 

224 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES).

23,541 23,541 

225 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ......................... 38,510 38,510 

228 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ........ 6,019 6,019 

229 0305204N TACTICAL UNMANNED AERIAL VEHICLES ................................. 8,436 8,436 

230 0305205N UAS INTEGRATION AND INTEROPERABILITY ............................ 36,509 36,509 

231 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 2,100 2,100 

232 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 44,571 44,571 

233 0305220N MQ–4C TRITON ..................................................................................... 111,729 111,729 

234 0305231N MQ–8 UAV .............................................................................................. 26,518 26,518 

235 0305232M RQ–11 UAV ............................................................................................. 418 418 

236 0305233N RQ–7 UAV ............................................................................................... 716 716 

237 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ............................. 5,071 5,071 

238 0305239M RQ–21A ................................................................................................... 9,497 9,497 

239 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT ...................... 77,965 77,965 

240 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ........... 11,181 11,181 

241 0305421N RQ–4 MODERNIZATION ..................................................................... 181,266 181,266 

242 0308601N MODELING AND SIMULATION SUPPORT ..................................... 4,709 4,709 


emcdonald on DSK3SPTVN1PROD with BILLS
1344 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

243 0702207N DEPOT MAINTENANCE (NON-IF) .................................................... 49,322 54,322 

MH–60 Fleet Mid-Life Upgrades .................................................... [5,000 ] 

245 0708730N MARITIME TECHNOLOGY (MARITECH) ........................................ 3,204 3,204 

245A 9999999999 CLASSIFIED PROGRAMS ................................................................... 1,228,460 1,228,460 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.3,592,934 3,597,934 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

17,276,301 17,339,401 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES .................................................... 340,812 340,812 

002 0601103F UNIVERSITY RESEARCH INITIATIVES .......................................... 145,044 145,044 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ........................ 14,168 14,168 

SUBTOTAL BASIC RESEARCH .............................................. 500,024 500,024 

APPLIED RESEARCH 

004 0602102F MATERIALS ........................................................................................... 126,152 131,152 

Precision measuring tools ................................................................ [5,000 ] 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ....................................... 122,831 127,831 

Reusable Hypersonic vehicle structures development ...................... [5,000 ] 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ........................ 111,647 116,647 

Human-Machine Teaming ................................................................ [5,000 ] 

007 0602203F AEROSPACE PROPULSION ................................................................ 185,671 185,671 

008 0602204F AEROSPACE SENSORS ....................................................................... 155,174 155,174 

009 0602601F SPACE TECHNOLOGY ......................................................................... 117,915 117,915 

010 0602602F CONVENTIONAL MUNITIONS ........................................................... 109,649 109,649 

011 0602605F DIRECTED ENERGY TECHNOLOGY ............................................... 127,163 127,163 

012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ............ 161,650 161,650 

013 0602890F HIGH ENERGY LASER RESEARCH ................................................. 42,300 42,300 

SUBTOTAL APPLIED RESEARCH ........................................ 1,260,152 1,275,152 

ADVANCED TECHNOLOGY DEVELOPMENT 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ...................... 35,137 45,137 

Metals Affordability Initiative .......................................................... [10,000 ] 

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) .................. 20,636 20,636 

016 0603203F ADVANCED AEROSPACE SENSORS ................................................ 40,945 40,945 

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ........................................ 130,950 130,950 

018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ........... 94,594 99,594 

Silicon Carbide for aerospace power application .............................. [5,000 ] 

019 0603270F ELECTRONIC COMBAT TECHNOLOGY .......................................... 58,250 58,250 

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ..................................... 61,593 61,593 

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ........................... 11,681 11,681 

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.26,492 26,492 

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY .................................. 102,009 102,009 

024 0603605F ADVANCED WEAPONS TECHNOLOGY ........................................... 39,064 39,064 

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ............................... 46,344 46,344 

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.58,110 58,110 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.725,805 740,805 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603260F INTELLIGENCE ADVANCED DEVELOPMENT .............................. 5,598 5,598 

028 0603438F SPACE CONTROL TECHNOLOGY ..................................................... 7,534 7,534 

029 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................................... 24,418 24,418 

030 0603790F NATO RESEARCH AND DEVELOPMENT ....................................... 4,333 4,333 

032 0603830F SPACE SECURITY AND DEFENSE PROGRAM .............................. 32,399 32,399 

033 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ............ 108,663 108,663 

035 0604015F LONG RANGE STRIKE—BOMBER ................................................... 1,358,309 1,358,309 

036 0604257F ADVANCED TECHNOLOGY AND SENSORS ................................... 34,818 34,818 

037 0604317F TECHNOLOGY TRANSFER ................................................................ 3,368 3,368 

038 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM.

74,308 74,308 

039 0604422F WEATHER SYSTEM FOLLOW-ON .................................................... 118,953 113,953 

Transfer Cloud Characterization and Theater Weather Imagery to 

NRO.

[–5,000 ] 

040 0604425F SPACE SITUATION AWARENESS SYSTEMS .................................. 9,901 9,901 

041 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ................. 25,890 25,890 

042 0604857F OPERATIONALLY RESPONSIVE SPACE ......................................... 7,921 27,921 

Responsive Launch and Reconstitution ........................................... [20,000 ] 

043 0604858F TECH TRANSITION PROGRAM ......................................................... 347,304 347,304 

044 0605230F GROUND BASED STRATEGIC DETERRENT ................................. 113,919 113,919 

046 0207110F NEXT GENERATION AIR DOMINANCE .......................................... 20,595 15,595 

Program reduction ........................................................................... [–5,000 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1345 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

047 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) .......... 49,491 39,491 

Excess funding to need .................................................................... [–10,000 ] 

048 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE).278,147 278,147 

049 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) ................ 42,338 42,338 

050 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............... 158,002 158,002 

051 0306415F ENABLED CYBER ACTIVITIES ........................................................ 15,842 15,842 

052 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM ........... 5,782 5,782 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.2,847,833 2,847,833 

SYSTEM DEVELOPMENT & DEMONSTRATION 

054 0604270F ELECTRONIC WARFARE DEVELOPMENT .................................... 12,476 12,476 

055 0604281F TACTICAL DATA NETWORKS ENTERPRISE ................................. 82,380 82,380 

056 0604287F PHYSICAL SECURITY EQUIPMENT ................................................ 8,458 8,458 

057 0604329F SMALL DIAMETER BOMB (SDB)—EMD ......................................... 54,838 54,838 

058 0604421F COUNTERSPACE SYSTEMS ............................................................... 34,394 34,394 

059 0604425F SPACE SITUATION AWARENESS SYSTEMS .................................. 23,945 23,945 

060 0604426F SPACE FENCE ...................................................................................... 168,364 168,364 

061 0604429F AIRBORNE ELECTRONIC ATTACK .................................................. 9,187 9,187 

062 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ........... 181,966 181,966 

063 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ..................................... 20,312 20,312 

064 0604604F SUBMUNITIONS ................................................................................... 2,503 2,503 

065 0604617F AGILE COMBAT SUPPORT ................................................................ 53,680 53,680 

066 0604618F JOINT DIRECT ATTACK MUNITION ............................................... 9,901 9,901 

067 0604706F LIFE SUPPORT SYSTEMS ................................................................. 7,520 7,520 

068 0604735F COMBAT TRAINING RANGES ........................................................... 77,409 77,409 

069 0604800F F–35—EMD ............................................................................................ 450,467 450,467 

070 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM 

(SPACE)—EMD.

296,572 100,000 

Launch System Investment (launch vehicle, upper stage, strap-on 

motor, or related infrastructure).

[100,000 ] 

Next Generation Launch System Investment .................................. [–296,572 ] 

070A 0604XXXF ROCKET PROPULSION SYSTEM ...................................................... 220,000 

Rocket Propulsion System Replacement of RD–180 ....................... [220,000 ] 

071 0604932F LONG RANGE STANDOFF WEAPON ............................................... 95,604 95,604 

072 0604933F ICBM FUZE MODERNIZATION ......................................................... 189,751 189,751 

073 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ............................ 1,131 1,131 

074 0605213F F–22 MODERNIZATION INCREMENT 3.2B .................................... 70,290 70,290 

075 0605214F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ................ 937 937 

076 0605221F KC–46 ...................................................................................................... 261,724 121,724 

Scope Reduction ............................................................................... [–140,000 ] 

077 0605223F ADVANCED PILOT TRAINING .......................................................... 12,377 12,377 

078 0605229F CSAR HH–60 RECAPITALIZATION ................................................... 319,331 319,331 

080 0605431F ADVANCED EHF MILSATCOM (SPACE) ......................................... 259,131 259,131 

081 0605432F POLAR MILSATCOM (SPACE) ........................................................... 50,815 50,815 

082 0605433F WIDEBAND GLOBAL SATCOM (SPACE) ......................................... 41,632 41,632 

083 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E ........................................ 28,911 28,911 

084 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .................................... 315,615 288,957 

Scope Reduction ............................................................................... [–26,658 ] 

085 0101125F NUCLEAR WEAPONS MODERNIZATION ........................................ 137,909 137,909 

086 0207171F F–15 EPAWSS ........................................................................................ 256,669 256,669

087 0207701F FULL COMBAT MISSION TRAINING ............................................... 12,051 12,051 

088 0305176F COMBAT SURVIVOR EVADER LOCATOR ....................................... 29,253 29,253 

089 0307581F JSTARS RECAP ..................................................................................... 128,019 128,019 

090 0401319F PRESIDENTIAL AIRCRAFT REPLACEMENT (PAR) ..................... 351,220 351,220 

091 0701212F AUTOMATED TEST SYSTEMS .......................................................... 19,062 19,062 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.4,075,804 3,932,574 

MANAGEMENT SUPPORT 

092 0604256F THREAT SIMULATOR DEVELOPMENT .......................................... 21,630 21,630 

093 0604759F MAJOR T&E INVESTMENT ................................................................ 66,385 66,385 

094 0605101F RAND PROJECT AIR FORCE ............................................................. 34,641 34,641 

096 0605712F INITIAL OPERATIONAL TEST & EVALUATION ........................... 11,529 11,529 

097 0605807F TEST AND EVALUATION SUPPORT ................................................ 661,417 661,417 

098 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ........................ 11,198 11,198 

099 0605864F SPACE TEST PROGRAM (STP) .......................................................... 27,070 27,070 

100 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST 

AND EVALUATION SUPPORT.

134,111 134,111 

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.28,091 28,091 

102 0606017F REQUIREMENTS ANALYSIS AND MATURATION ......................... 29,100 29,100 

103 0606116F SPACE TEST AND TRAINING RANGE DEVELOPMENT ............. 18,528 18,528 

104 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE 176,666 176,666 

105 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ............................... 4,410 4,410 

106 0702806F ACQUISITION AND MANAGEMENT SUPPORT .............................. 14,613 14,613 

107 0804731F GENERAL SKILL TRAINING ............................................................. 1,404 1,404 


emcdonald on DSK3SPTVN1PROD with BILLS
1346 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

109 1001004F INTERNATIONAL ACTIVITIES ......................................................... 4,784 4,784 

SUBTOTAL MANAGEMENT SUPPORT ............................... 1,245,577 1,245,577 

OPERATIONAL SYSTEMS DEVELOPMENT 

110 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.393,268 393,268 

111 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING .............. 15,427 15,427 

112 0604445F WIDE AREA SURVEILLANCE ........................................................... 46,695 46,695 

115 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) .. 10,368 10,368 

116 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ................. 31,952 31,952 

117 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ....... 42,960 42,960 

118 0605278F HC/MC–130 RECAP RDT&E ................................................................ 13,987 13,987 

119 0101113F B–52 SQUADRONS ............................................................................... 78,267 78,267 

120 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) .................................... 453 453 

121 0101126F B–1B SQUADRONS ............................................................................... 5,830 5,830 

122 0101127F B–2 SQUADRONS ................................................................................. 152,458 152,458 

123 0101213F MINUTEMAN SQUADRONS ................................................................ 182,958 182,958 

124 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ...................... 39,148 39,148 

126 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS ............... 6,042 6,042 

128 0102110F UH–1N REPLACEMENT PROGRAM ................................................. 14,116 14,116 

129 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.10,868 10,868 

130 0105921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES ......... 8,674 8,674 

131 0205219F MQ–9 UAV .............................................................................................. 151,373 200,373 

Auto take-off and landing capability ................................................ [35,000 ] 

Tactical Datalink Integration .......................................................... [14,000 ] 

133 0207131F A–10 SQUADRONS ................................................................................ 14,853 14,853 

134 0207133F F–16 SQUADRONS ................................................................................ 132,795 132,795 

135 0207134F F–15E SQUADRONS ............................................................................. 356,717 356,717 

136 0207136F MANNED DESTRUCTIVE SUPPRESSION ....................................... 14,773 14,773 

137 0207138F F–22A SQUADRONS ............................................................................. 387,564 387,564 

138 0207142F F–35 SQUADRONS ................................................................................ 153,045 153,045 

139 0207161F TACTICAL AIM MISSILES .................................................................. 52,898 52,898 

140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 62,470 62,470 

143 0207227F COMBAT RESCUE—PARARESCUE .................................................. 362 362 

144 0207247F AF TENCAP ........................................................................................... 28,413 31,613 

Restore FY16 level ........................................................................... [3,200 ] 

145 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ......................... 649 649 

146 0207253F COMPASS CALL .................................................................................... 13,723 50,823 

Program Restructure ....................................................................... [37,100 ] 

147 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 109,859 109,859 

148 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ............ 30,002 30,002 

149 0207410F AIR & SPACE OPERATIONS CENTER (AOC) .................................. 37,621 37,621 

150 0207412F CONTROL AND REPORTING CENTER (CRC) ................................ 13,292 13,292 

151 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) .......... 86,644 86,644 

152 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS .................................. 2,442 2,442 

154 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES .................. 10,911 15,911 

Geospatial software development ..................................................... [5,000 ] 

155 0207444F TACTICAL AIR CONTROL PARTY-MOD .......................................... 11,843 11,843 

156 0207448F C2ISR TACTICAL DATA LINK ........................................................... 1,515 1,515 

157 0207452F DCAPES .................................................................................................. 14,979 14,979 

158 0207590F SEEK EAGLE ........................................................................................ 25,308 25,308 

159 0207601F USAF MODELING AND SIMULATION ............................................. 16,666 16,666 

160 0207605F WARGAMING AND SIMULATION CENTERS .................................. 4,245 4,245 

161 0207697F DISTRIBUTED TRAINING AND EXERCISES ................................. 3,886 3,886 

162 0208006F MISSION PLANNING SYSTEMS ........................................................ 71,785 71,785 

164 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS ............................... 25,025 25,025 

165 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ............................... 29,439 29,439 

168 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ............ 3,470 3,470 

169 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) ........ 4,060 4,060 

175 0301400F SPACE SUPERIORITY INTELLIGENCE .......................................... 13,880 13,880 

176 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ... 30,948 30,948 

177 0303001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) .................. 42,378 42,378 

178 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).47,471 47,471 

179 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ......................... 46,388 46,388 

180 0303141F GLOBAL COMBAT SUPPORT SYSTEM ............................................ 52 52 

181 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ................ 2,099 2,099 

184 0304260F AIRBORNE SIGINT ENTERPRISE .................................................... 90,762 90,762 

187 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ........................... 4,354 4,354 

188 0305110F SATELLITE CONTROL NETWORK (SPACE) .................................. 15,624 15,624 

189 0305111F WEATHER SERVICE ........................................................................... 19,974 22,974 

Commercial Weather Pilot Program ................................................ [3,000 ] 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM 

(ATCALS).

9,770 9,770 

191 0305116F AERIAL TARGETS ............................................................................... 3,051 3,051 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ............................. 405 405 

195 0305145F ARMS CONTROL IMPLEMENTATION ............................................. 4,844 4,844 


emcdonald on DSK3SPTVN1PROD with BILLS
1347 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ........ 339 339 

199 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ......... 3,989 3,989 

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT.3,070 3,070 

201 0305179F INTEGRATED BROADCAST SERVICE (IBS) .................................. 8,833 8,833 

202 0305182F SPACELIFT RANGE SYSTEM (SPACE) ........................................... 11,867 11,867 

203 0305202F DRAGON U–2 ......................................................................................... 37,217 37,217 

205 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ..................................... 3,841 18,841 

Wide area motion imagery ............................................................... [15,000 ] 

206 0305207F MANNED RECONNAISSANCE SYSTEMS ........................................ 20,975 20,975 

207 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 18,902 18,902 

208 0305220F RQ–4 UAV ............................................................................................... 256,307 256,307 

209 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ................. 22,610 16,310 

Program reduction ........................................................................... [–6,300 ] 

211 0305238F NATO AGS .............................................................................................. 38,904 38,904 

212 0305240F SUPPORT TO DCGS ENTERPRISE ................................................... 23,084 23,084 

213 0305258F ADVANCED EVALUATION PROGRAM ............................................. 116,143 116,143 

214 0305265F GPS III SPACE SEGMENT .................................................................. 141,888 141,888 

215 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.2,360 2,360 

216 0305614F JSPOC MISSION SYSTEM ................................................................... 72,889 72,889 

217 0305881F RAPID CYBER ACQUISITION ............................................................ 4,280 4,280 

218 0305906F NCMC—TW/AA SYSTEM ..................................................................... 4,951 4,951 

219 0305913F NUDET DETECTION SYSTEM (SPACE) .......................................... 21,093 21,093 

220 0305940F SPACE SITUATION AWARENESS OPERATIONS ........................... 35,002 35,002 

222 0308699F SHARED EARLY WARNING (SEW) .................................................. 6,366 6,366 

223 0401115F C–130 AIRLIFT SQUADRON ............................................................... 15,599 15,599 

224 0401119F C–5 AIRLIFT SQUADRONS (IF) ........................................................ 66,146 66,146 

225 0401130F C–17 AIRCRAFT (IF) ............................................................................ 12,430 12,430 

226 0401132F C–130J PROGRAM ................................................................................ 16,776 16,776 

227 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) .............. 5,166 5,166 

229 0401314F OPERATIONAL SUPPORT AIRLIFT ................................................. 13,817 13,817 

230 0401318F CV–22 ...................................................................................................... 16,702 16,702 

231 0408011F SPECIAL TACTICS / COMBAT CONTROL ....................................... 7,164 7,164 

232 0702207F DEPOT MAINTENANCE (NON-IF) .................................................... 1,518 1,518 

233 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .................... 61,676 61,676 

234 0708611F SUPPORT SYSTEMS DEVELOPMENT ............................................. 9,128 9,128 

235 0804743F OTHER FLIGHT TRAINING ............................................................... 1,653 1,653 

236 0808716F OTHER PERSONNEL ACTIVITIES ................................................... 57 57 

237 0901202F JOINT PERSONNEL RECOVERY AGENCY ..................................... 3,663 3,663 

238 0901218F CIVILIAN COMPENSATION PROGRAM ........................................... 3,735 3,735 

239 0901220F PERSONNEL ADMINISTRATION ...................................................... 5,157 5,157 

240 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ........................... 1,523 1,523 

242 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.10,581 10,581 

242A 9999999999 CLASSIFIED PROGRAMS ................................................................... 13,091,557 13,091,557 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.17,457,056 17,563,056 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, AF.

28,112,251 28,105,021 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ............................................ 35,436 35,436 

002 0601101E DEFENSE RESEARCH SCIENCES .................................................... 362,297 352,297 

Program reduction ........................................................................... [–10,000 ] 

003 0601110D8Z BASIC RESEARCH INITIATIVES ...................................................... 36,654 36,654 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ............. 57,791 57,791 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ............................ 69,345 79,345 

K–12 STEM program increase ........................................................ [10,000 ] 

006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.23,572 33,572 

Program increase ............................................................................. [10,000 ] 

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .................. 44,800 44,800 

SUBTOTAL BASIC RESEARCH .............................................. 629,895 639,895 

APPLIED RESEARCH 

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY .................................................. 17,745 17,745 

009 0602115E BIOMEDICAL TECHNOLOGY ............................................................ 115,213 105,213 

Program reduction ........................................................................... [–10,000 ] 

010 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ........................................ 30,000 0 

Program decrease ............................................................................. [–30,000 ] 

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM .......................... 48,269 48,269 

012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES.42,206 42,206 

013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ................. 353,635 348,635 

Program reduction ........................................................................... [–5,000 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1348 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

014 0602383E BIOLOGICAL WARFARE DEFENSE ................................................. 21,250 21,250 

015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .................. 188,715 188,715 

016 0602668D8Z CYBER SECURITY RESEARCH ......................................................... 12,183 12,183 

017 0602702E TACTICAL TECHNOLOGY .................................................................. 313,843 313,843 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ............................ 220,456 210,456 

Program reduction ........................................................................... [–10,000 ] 

019 0602716E ELECTRONICS TECHNOLOGY .......................................................... 221,911 221,911 

020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES.154,857 154,857 

021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.8,420 8,420 

022 1160401BB SOF TECHNOLOGY DEVELOPMENT .............................................. 37,820 37,820 

SUBTOTAL APPLIED RESEARCH ........................................ 1,786,523 1,731,523 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ........................... 23,902 23,902 

025 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .................. 73,002 100,002 

Additional EOD equipment for Conventional Units ........................ [12,000 ] 

Program increase for DOD CT and C-UAS .................................... [15,000 ] 

026 0603133D8Z FOREIGN COMPARATIVE TESTING ................................................ 19,343 29,343 

Anti-tunnel defense systems ............................................................. [10,000 ] 

027 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION 

PREVENTION AND DEFEAT.

266,444 266,444 

028 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT ... 17,880 17,880 

030 0603178C WEAPONS TECHNOLOGY .................................................................. 71,843 71,843 

031 0603179C ADVANCED C4ISR ................................................................................ 3,626 3,626 

032 0603180C ADVANCED RESEARCH ..................................................................... 23,433 23,433 

033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 17,256 17,256 

035 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY .................................... 83,745 108,745 

Classified Annex ............................................................................... [25,000 ] 

036 0603286E ADVANCED AEROSPACE SYSTEMS ................................................ 182,327 177,327 

Program reduction ........................................................................... [–5,000 ] 

037 0603287E SPACE PROGRAMS AND TECHNOLOGY ......................................... 175,240 165,240 

Program reduction ........................................................................... [–10,000 ] 

038 0603288D8Z ANALYTIC ASSESSMENTS ................................................................ 12,048 12,048 

039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS .............. 57,020 57,020 

041 0603375D8Z TECHNOLOGY INNOVATION ............................................................ 39,923 19,923 

Program decrease ............................................................................. [–20,000 ] 

042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.127,941 127,941 

043 0603527D8Z RETRACT LARCH ................................................................................ 181,977 181,977 

044 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ........................ 22,030 22,030 

045 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ........... 148,184 158,184 

Social Medial Analysis Cell .............................................................. [10,000 ] 

046 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ...................... 9,331 9,331 

047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.158,398 148,398 

Program decrease ............................................................................. [–10,000 ] 

048 0603680S MANUFACTURING TECHNOLOGY PROGRAM ............................... 31,259 31,259 

049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT .... 49,895 49,895 

050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 11,011 11,011 

052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ............. 65,078 65,078 

053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND 

SUPPORT.

97,826 97,826 

054 0603727D8Z JOINT WARFIGHTING PROGRAM .................................................... 7,848 7,848 

055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............................... 49,807 49,807 

056 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ....... 155,081 155,081 

057 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .......................... 428,894 428,894 

058 0603767E SENSOR TECHNOLOGY ...................................................................... 241,288 241,288 

060 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ........................................ 14,264 14,264 

061 0603826D8Z QUICK REACTION SPECIAL PROJECTS ......................................... 74,943 72,943 

QRSP ............................................................................................... [–2,000 ] 

063 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ................................... 17,659 17,659 

064 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ....................... 87,135 87,135 

065 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ............. 37,329 37,329 

066 0303310D8Z CWMD SYSTEMS .................................................................................. 44,836 21,236 

Constellation program reduction ...................................................... [–23,600 ] 

067 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ........................ 61,620 61,620 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.3,190,666 3,192,066 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E ADC&P.

28,498 28,498 

069 0603600D8Z WALKOFF .............................................................................................. 89,643 89,643 


emcdonald on DSK3SPTVN1PROD with BILLS
1349 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

071 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES.2,136 2,136 

072 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION 

PROGRAM.

52,491 52,491 

073 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.206,834 206,834 

074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.862,080 862,080 

075 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/ 

VAL.

138,187 138,187 

076 0603884C BALLISTIC MISSILE DEFENSE SENSORS .................................... 230,077 230,077 

077 0603890C BMD ENABLING PROGRAMS ............................................................ 401,594 401,594 

078 0603891C SPECIAL PROGRAMS—MDA .............................................................. 321,607 321,607 

079 0603892C AEGIS BMD ........................................................................................... 959,066 959,066 

080 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ........................... 32,129 32,129 

081 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS .. 20,690 20,690 

082 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, 

BATTLE MANAGEMENT AND COMMUNICATI.

439,617 439,617 

083 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT.47,776 47,776 

084 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC).

54,750 54,750 

085 0603906C REGARDING TRENCH ........................................................................ 8,785 8,785 

086 0603907C SEA BASED X-BAND RADAR (SBX) ................................................. 68,787 68,787 

087 0603913C ISRAELI COOPERATIVE PROGRAMS .............................................. 103,835 293,835 

Directed Energy Cooperation through MDA ................................... [25,000 ] 

Increase for Cooperative Development Programs subject to Title 

XVI.

[165,000 ] 

088 0603914C BALLISTIC MISSILE DEFENSE TEST ............................................ 293,441 293,441 

089 0603915C BALLISTIC MISSILE DEFENSE TARGETS .................................... 563,576 563,576 

090 0603920D8Z HUMANITARIAN DEMINING ............................................................. 10,007 10,007 

091 0603923D8Z COALITION WARFARE ....................................................................... 10,126 10,126 

092 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ............... 3,893 3,893 

093 0604115C TECHNOLOGY MATURATION INITIATIVES .................................. 90,266 105,266 

Directed Energy Acceleration—Low Power Laser Demonstrator - 

to reclaim schdule slippage.

[15,000 ] 

094 0604132D8Z MISSILE DEFEAT PROJECT ............................................................. 45,000 45,000 

095 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES .................................. 844,870 804,870 

SCO .................................................................................................. [–40,000 ] 

097 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM 

COMMON DEVELOPMENT.

3,320 3,320 

099 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS 

(SSA).

4,000 4,000 

102 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND 

INTEROPERABILITY ASSESSMENTS.

23,642 23,642 

104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ........................ 162,012 162,012 

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ................. 274,148 274,148 

106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.63,444 63,444 

107 0604878C AEGIS BMD TEST ................................................................................ 95,012 95,012 

108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST ........................... 83,250 83,250 

109 0604880C LAND-BASED SM–3 (LBSM3) ............................................................ 43,293 43,293 

110 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ................................ 106,038 106,038 

111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 56,481 56,481 

112 0604894C MULTI-OBJECT KILL VEHICLE ...................................................... 71,513 71,513 

114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM 2,636 2,636 

115 0305103C CYBER SECURITY INITIATIVE ........................................................ 969 969 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.6,919,519 7,089,519 

115A 0604XXXD WEATHER SYSTEM FOLLOW-ON .................................................... 5,000 

Transfer Cloud Characterization and Theater Weather Imagery 

from USAF.

[5,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.170,000 

SYSTEM DEVELOPMENT AND DEMONSTRATION 

116 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E SDD.

10,324 10,324 

117 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ......... 181,303 186,303 

Examination of Army land-attack and anti-ship capability ............. [5,000 ] 

118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ..... 266,231 266,231 

119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITSJPO).15,000 

Commercial IT Eval Program .......................................................... [15,000 ] 

120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM 

(JTIDS).

16,288 16,288 

121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES 4,568 4,568 

122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .......................... 11,505 11,505 


emcdonald on DSK3SPTVN1PROD with BILLS
1350 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

123 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...................... 1,658 1,658 

124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ......................................... 2,920 2,920 

126 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION.12,631 12,631 

128 0605080S DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL SYSTEM 26,657 26,657 

129 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) 4,949 4,949 

130 0605140D8Z TRUSTED FOUNDRY .......................................................................... 69,000 69,000 

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

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

133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT 

(EEIM).

2,703 2,703 

SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.628,218 648,218 

MANAGEMENT SUPPORT 

134 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ............... 4,678 4,678 

135 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ................... 4,499 4,499 

136 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).219,199 219,199 

137 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................................... 28,706 28,706 

138 0605001E MISSION SUPPORT .............................................................................. 69,244 69,244 

139 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 87,080 87,080 

140 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...................... 23,069 23,069 

142 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).32,759 32,759 

144 0605142D8Z SYSTEMS ENGINEERING .................................................................. 32,429 32,429 

145 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ................................... 3,797 3,797 

146 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ................................. 5,302 5,302 

147 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 7,246 7,246 

148 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .......................... 1,874 1,874 

149 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .................. 85,754 85,754 

158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL 

BUSINESS TECHNOLOGY TRANSFER.

2,187 2,187 

159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS .............................................. 22,650 22,650 

160 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ........... 43,834 43,834 

161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND 

EVALUATION.

22,240 22,240 

162 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................................... 19,541 23,541 

DASD(DT&E) .................................................................................. [4,000 ] 

163 0605898E MANAGEMENT HQ—R&D .................................................................. 4,759 4,759 

164 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION 

CENTER (DTIC).

4,400 4,400 

165 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ...................................... 4,014 4,014 

166 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ........... 2,072 2,072 

167 0204571J JOINT STAFF ANALYTICAL SUPPORT .......................................... 7,464 7,464 

170 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES.857 857 

171 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE 

(DMDPO).

916 916 

172 0305172K COMBINED ADVANCED APPLICATIONS ........................................ 15,336 15,336 

173 0305193D8Z CYBER INTELLIGENCE ..................................................................... 18,523 18,523 

175 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—MHA.34,384 34,384 

176 0901598C MANAGEMENT HQ—MDA .................................................................. 31,160 56,160 

Cyber Improvements Acceleration .................................................... [25,000 ] 

179 0903235D8W JOINT SERVICE PROVIDER (JSP) ................................................... 827 827 

180A 9999999999 CLASSIFIED PROGRAMS ................................................................... 56,799 56,799 

SUBTOTAL MANAGEMENT SUPPORT ............................... 897,599 926,599 

OPERATIONAL SYSTEM DEVELOPMENT 

181 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ....................................... 4,241 4,241 

182 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA.1,424 1,424 

183 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS).287 287 

184 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 16,195 16,195 

185 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT .. 4,194 4,194 

186 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT 

INFORMATION SYSTEMS (G-TSCMIS).

7,861 7,861 

187 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL 

SYSTEMS DEVELOPMENT).

33,361 33,361 

189 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ........................ 3,038 3,038 

190 0208045K C4I INTEROPERABILITY ................................................................... 57,501 57,501 

192 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ............... 5,935 5,935 

196 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT .... 575 575 

197 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.18,041 18,041 


emcdonald on DSK3SPTVN1PROD with BILLS
1351 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

198 0303126K LONG-HAUL COMMUNICATIONS—DCS .......................................... 13,994 18,994 

Secure cellular communications for senior leaders .......................... [5,000 ] 

199 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).12,206 12,206 

200 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ......................................... 34,314 34,314 

201 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ........................... 36,602 36,602 

202 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ......................... 8,876 8,876 

203 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ......................... 159,068 161,068 

SHARKSEER Program Increase .................................................... [2,000 ] 

204 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .............................. 24,438 24,438 

205 0303153K DEFENSE SPECTRUM ORGANIZATION ......................................... 13,197 13,197 

207 0303228K JOINT INFORMATION ENVIRONMENT (JIE) ............................... 2,789 2,789 

209 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.75,000 75,000 

210 0303610K TELEPORT PROGRAM ........................................................................ 657 657 

215 0305103K CYBER SECURITY INITIATIVE ........................................................ 1,553 1,553 

220 0305186D8Z POLICY R&D PROGRAMS ................................................................... 6,204 4,204 

Program decrease ............................................................................. [–2,000 ] 

221 0305199D8Z NET CENTRICITY ................................................................................ 17,971 17,971 

223 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 5,415 5,415 

226 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 3,030 3,030 

229 0305327V INSIDER THREAT ............................................................................... 5,034 5,034 

230 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 2,037 2,037 

236 0307577D8Z INTELLIGENCE MISSION DATA (IMD) .......................................... 13,800 13,800 

238 0708012S PACIFIC DISASTER CENTERS ......................................................... 1,754 1,754 

239 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM .................... 2,154 2,154 

240 0902298J MANAGEMENT HQ—OJCS ................................................................. 826 826 

241 1105219BB MQ–9 UAV .............................................................................................. 17,804 17,804 

244 1160403BB AVIATION SYSTEMS ........................................................................... 159,143 147,043 

AC–130 Precision Strike .................................................................. [–12,100 ] 

245 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ................................. 7,958 7,958 

246 1160408BB OPERATIONAL ENHANCEMENTS ................................................... 64,895 64,895 

247 1160431BB WARRIOR SYSTEMS ............................................................................ 44,885 44,885 

248 1160432BB SPECIAL PROGRAMS .......................................................................... 1,949 1,949 

249 1160434BB UNMANNED ISR ................................................................................... 22,117 22,117 

250 1160480BB SOF TACTICAL VEHICLES ................................................................ 3,316 3,316 

251 1160483BB MARITIME SYSTEMS .......................................................................... 54,577 54,577 

252 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ............................. 3,841 3,841 

253 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE .................... 11,834 11,834 

253A 9999999999 CLASSIFIED PROGRAMS ................................................................... 3,270,515 3,270,515 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 4,256,406 4,249,306 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, DW.

18,308,826 18,477,126 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ...................................... 78,047 88,047 

DOT&E Cybersecurity Exercises ..................................................... [10,000 ] 

002 0605131OTE LIVE FIRE TEST AND EVALUATION .............................................. 48,316 48,316 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .................... 52,631 52,631 

SUBTOTAL MANAGEMENT SUPPORT ............................... 178,994 188,994 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE 178,994 188,994 

TOTAL RDT&E ...................................................................... 71,391,771 71,629,841 

1 SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION FOR OVERSEAS CONTINGENCY OPER3 ATIONS. 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ............................................. 9,375 9,375 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

9,375 9,375 


emcdonald on DSK3SPTVN1PROD with BILLS
1352 

HR 4909 PCS

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

SYSTEM DEVELOPMENT & DEMONSTRATION 

117 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ..................... 10,900 10,900 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ................................... 73,110 73,110 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.84,010 84,010 

OPERATIONAL SYSTEMS DEVELOPMENT 

208 0307665A BIOMETRICS ENABLED INTELLIGENCE .......................................... 7,104 7,104 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 7,104 7,104 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

100,489 100,489 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

038 0603527N RETRACT LARCH .................................................................................... 3,907 3,907 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

3,907 3,907 

OPERATIONAL SYSTEMS DEVELOPMENT 

245A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 36,426 36,426 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 36,426 36,426 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

40,333 40,333 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

SYSTEM DEVELOPMENT & DEMONSTRATION 

058 0604421F COUNTERSPACE SYSTEMS ................................................................... 425 425 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.425 425 

OPERATIONAL SYSTEMS DEVELOPMENT 

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY 

DEVELOPMENT.

4,715 4,715 

242A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 27,765 27,765 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 32,480 32,480 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, AF.

32,905 32,905 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

OPERATIONAL SYSTEM DEVELOPMENT 

253A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 162,419 162,419 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT ... 162,419 162,419 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, DW.

162,419 162,419 

TOTAL RDT&E .......................................................................... 336,146 336,146 

1 SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION FOR OVERSEAS CONTINGENCY OPER3 ATIONS FOR BASE REQUIREMENTS. 

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

SYSTEM DEVELOPMENT & DEMONSTRATION 

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ................................ 33 33 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ................................... 10,000 

Army unfunded requirement- modernized warning system ................. [10,000 ] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.33 10,033 


emcdonald on DSK3SPTVN1PROD with BILLS
1353 

HR 4909 PCS

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

OPERATIONAL SYSTEMS DEVELOPMENT 

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM .................................... 16,000 

Army unfunded requirement- GMLRS M-code upgrade ..................... [16,000 ] 

166 0607134A LONG RANGE PRECISION FIRES (LRPF) .......................................... 27,700 

Army unfunded requirement ................................................................ [27,700 ] 

179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ............................. 10,000 

Army unfunded requirement- Vehicle APS ......................................... [10,000 ] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 53,700 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

33 63,733 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES 

(TADIRCM).

37,990 37,990 

081 0604454N LX (R) ......................................................................................................... 19,000 

LX (R) Design ..................................................................................... [19,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

37,990 56,990 

SYSTEM DEVELOPMENT & DEMONSTRATION 

102 0604262N V–22A .......................................................................................................... 11,400 

Accelerate Readiness Improvement- Swashplate actuator re-design ... [11,400 ] 

118 0604501N ADVANCED ABOVE WATER SENSORS ............................................... 20,000 

Aegis Radar Solid State Improvements ............................................... [20,000 ] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.31,400 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

37,990 88,390 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 

074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.65,000 

Ground System Communications Modernization & Upgrades to Enable Full RKV Capabilities.[65,000 ] 

076 0603884C BALLISTIC MISSILE DEFENSE SENSORS ........................................ 45,000 

Electronic Protection Acceleration for Sensors ................................... [25,000 ] 

RFPs for Hawaii & East Coast Radars .............................................. [20,000 ] 

077 0603890C BMD ENABLING PROGRAMS ................................................................ 10,000 

Modeling and Simulation Improvements ............................................. [10,000 ] 

079 0603892C AEGIS BMD ............................................................................................... 10,000 

Aegis BMD Integration with AMDR ................................................... [10,000 ] 

082 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, 

BATTLE MANAGEMENT AND COMMUNICATI.

30,000 

C2BMC Acceleration ............................................................................ [20,000 ] 

Post-Intercept Assessment Acceleration .............................................. [10,000 ] 

088 0603914C BALLISTIC MISSILE DEFENSE TEST ................................................ 10,000 

Test Infrastructure .............................................................................. [10,000 ] 

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ..................... 75,000 

Modernized Booster Acceleration ......................................................... [50,000 ] 

RKV risk reduction .............................................................................. [25,000 ] 

112 0604894C MULTI-OBJECT KILL VEHICLE .......................................................... 55,000 

MOKV Technology Maturation ............................................................ [55,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

AND PROTOTYPES.

300,000 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

300,000 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, DW.

300,000 

TOTAL RDT&E .......................................................................... 38,023 452,123 


emcdonald on DSK3SPTVN1PROD with BILLS
1354 

HR 4909 PCS

1 TITLE XLIII—OPERATION AND 

2 MAINTENANCE 

3 SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ................................................................... 791,450 791,450 

020 MODULAR SUPPORT BRIGADES ........................................... 68,373 68,373 

030 ECHELONS ABOVE BRIGADE ................................................ 438,823 438,823 

040 THEATER LEVEL ASSETS ...................................................... 660,258 660,258 

050 LAND FORCES OPERATIONS SUPPORT .............................. 863,928 1,198,828 

Realign APS Unit Set Requirements from OCO .................. [334,900 ] 

060 AVIATION ASSETS .................................................................... 1,360,597 1,360,597 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 3,086,443 3,094,443 

Additional cyber protection teams ......................................... [3,000 ] 

Public-private cyber training partnership .............................. [5,000 ] 

080 LAND FORCES SYSTEMS READINESS ................................. 439,488 439,488 

090 LAND FORCES DEPOT MAINTENANCE ............................... 1,013,452 1,026,052 

Realign APS Unit Set Requirements from OCO .................. [12,600 ] 

100 BASE OPERATIONS SUPPORT ............................................... 7,816,343 7,831,343 

Realign APS Unit Set Requirements from OCO .................. [15,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 2,234,546 2,234,546 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ... 452,105 452,105 

130 COMBATANT COMMANDERS CORE OPERATIONS ............ 155,658 155,658 

170 COMBATANT COMMANDS DIRECT MISSION SUPPORT .. 441,143 441,143 

SUBTOTAL OPERATING FORCES ......................... 19,822,607 20,193,107 

MOBILIZATION 

180 STRATEGIC MOBILITY ............................................................ 336,329 336,329 

190 ARMY PREPOSITIONED STOCKS .......................................... 390,848 574,848 

Realign APS Unit Set Requirements from OCO .................. [184,000 ] 

200 INDUSTRIAL PREPAREDNESS .............................................. 7,401 7,401 

SUBTOTAL MOBILIZATION ...................................... 734,578 918,578 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION ........................................................... 131,942 131,942 

220 RECRUIT TRAINING ................................................................. 47,846 47,846 

230 ONE STATION UNIT TRAINING ............................................. 45,419 45,419 

240 SENIOR RESERVE OFFICERS TRAINING CORPS .............. 482,747 482,747 

250 SPECIALIZED SKILL TRAINING ........................................... 921,025 927,525 

Defense Foreign Language Program .................................... [6,500 ] 

260 FLIGHT TRAINING ................................................................... 902,845 902,845 

270 PROFESSIONAL DEVELOPMENT EDUCATION .................. 216,583 216,583 

280 TRAINING SUPPORT ................................................................ 607,534 607,534 

290 RECRUITING AND ADVERTISING ......................................... 550,599 550,599 

300 EXAMINING ................................................................................ 187,263 187,263 

310 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 189,556 189,556 

320 CIVILIAN EDUCATION AND TRAINING ............................... 182,835 182,835 

330 JUNIOR RESERVE OFFICER TRAINING CORPS ................ 171,167 171,167 

SUBTOTAL TRAINING AND RECRUITING ........ 4,637,361 4,643,861 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION ....................................... 230,739 350,739 

Realign APS Unit Set Requirements from OCO .................. [120,000 ] 

360 CENTRAL SUPPLY ACTIVITIES ............................................. 850,060 850,060 

370 LOGISTIC SUPPORT ACTIVITIES .......................................... 778,757 778,757 

380 AMMUNITION MANAGEMENT ................................................ 370,010 370,010 

390 ADMINISTRATION ..................................................................... 451,556 451,556 

400 SERVICEWIDE COMMUNICATIONS ....................................... 1,888,123 1,888,123 

410 MANPOWER MANAGEMENT ................................................... 276,403 276,403 

420 OTHER PERSONNEL SUPPORT ............................................. 369,443 369,443 

430 OTHER SERVICE SUPPORT .................................................... 1,096,074 1,096,074 

440 ARMY CLAIMS ACTIVITIES ..................................................... 207,800 207,800 

450 REAL ESTATE MANAGEMENT ............................................... 240,641 240,641 


emcdonald on DSK3SPTVN1PROD with BILLS
1355 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

460 FINANCIAL MANAGEMENT AND AUDIT READINESS ..... 250,612 250,612 

470 INTERNATIONAL MILITARY HEADQUARTERS ................. 416,587 416,587 

480 MISC. SUPPORT OF OTHER NATIONS ................................. 36,666 36,666 

530 CLASSIFIED PROGRAMS ......................................................... 1,151,023 1,151,023 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ... 8,614,494 8,734,494 

UNDISTRIBUTED 

540 UNDISTRIBUTED ...................................................................... –654,600 

Excessive standard price for fuel ........................................... [–56,100 ] 

Foreign Currency adjustments .............................................. [–229,900 ] 

Historical unobligated balances ............................................. [–376,300 ] 

Prohibition on Per Diem Allowance Reduction ..................... [7,700 ] 

SUBTOTAL UNDISTRIBUTED .................................. –654,600 

TOTAL OPERATION & MAINTENANCE, 

ARMY ........................................................................... 33,809,040 33,835,440 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ........................................... 11,435 11,435 

020 ECHELONS ABOVE BRIGADE ................................................ 491,772 491,772 

030 THEATER LEVEL ASSETS ...................................................... 116,163 116,163 

040 LAND FORCES OPERATIONS SUPPORT .............................. 563,524 563,524 

050 AVIATION ASSETS .................................................................... 91,162 91,162 

060 FORCE READINESS OPERATIONS SUPPORT ..................... 347,459 347,659 

Defense Language Program .................................................. [200 ] 

070 LAND FORCES SYSTEMS READINESS ................................. 101,926 101,926 

080 LAND FORCES DEPOT MAINTENANCE ............................... 56,219 56,219 

090 BASE OPERATIONS SUPPORT ............................................... 573,843 573,843 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 214,955 214,955 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS ... 37,620 37,620 

SUBTOTAL OPERATING FORCES ......................... 2,606,078 2,606,278 

ADMIN & SRVWD ACTIVITIES 

120 SERVICEWIDE TRANSPORTATION ....................................... 11,027 11,027 

130 ADMINISTRATION ..................................................................... 16,749 16,749 

140 SERVICEWIDE COMMUNICATIONS ....................................... 17,825 17,825 

150 MANPOWER MANAGEMENT ................................................... 6,177 6,177 

160 RECRUITING AND ADVERTISING ......................................... 54,475 54,475 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 106,253 106,253 

UNDISTRIBUTED 

180 UNDISTRIBUTED ...................................................................... –6,800 

Excessive standard price for fuel ........................................... [–6,800 ] 

SUBTOTAL UNDISTRIBUTED .................................. –6,800 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES ................................................................. 2,712,331 2,705,731 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ................................................................... 708,251 708,251 

020 MODULAR SUPPORT BRIGADES ........................................... 197,251 197,251 

030 ECHELONS ABOVE BRIGADE ................................................ 792,271 792,271 

040 THEATER LEVEL ASSETS ...................................................... 80,341 80,341 

050 LAND FORCES OPERATIONS SUPPORT .............................. 37,138 37,138 

060 AVIATION ASSETS .................................................................... 887,625 887,625 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 696,267 696,467 

Defense Language Program .................................................. [200 ] 

080 LAND FORCES SYSTEMS READINESS ................................. 61,240 61,240 

090 LAND FORCES DEPOT MAINTENANCE ............................... 219,948 219,948 

100 BASE OPERATIONS SUPPORT ............................................... 1,040,012 1,040,012 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 676,715 676,715 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ... 1,021,144 1,021,144 

SUBTOTAL OPERATING FORCES ......................... 6,418,203 6,418,403 

ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ....................................... 6,396 6,396 


emcdonald on DSK3SPTVN1PROD with BILLS
1356 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

140 ADMINISTRATION ..................................................................... 68,528 71,052 

National Guard State Partnership Program ......................... [2,524 ] 

150 SERVICEWIDE COMMUNICATIONS ....................................... 76,524 76,524 

160 MANPOWER MANAGEMENT ................................................... 7,712 7,712 

170 OTHER PERSONNEL SUPPORT ............................................. 245,046 245,046 

180 REAL ESTATE MANAGEMENT ............................................... 2,961 2,961 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 407,167 409,691 

UNDISTRIBUTED 

190 UNDISTRIBUTED ...................................................................... –29,000 

Excessive standard price for fuel ........................................... [–29,000 ] 

SUBTOTAL UNDISTRIBUTED .................................. –29,000 

TOTAL OPERATION & MAINTENANCE, 

ARNG ........................................................................... 6,825,370 6,799,094 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................... 4,094,765 4,094,765 

020 FLEET AIR TRAINING ............................................................. 1,722,473 1,722,473 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES .......................................................................................... 52,670 52,670 

040 AIR OPERATIONS AND SAFETY SUPPORT ......................... 97,584 97,584 

050 AIR SYSTEMS SUPPORT .......................................................... 446,733 446,733 

060 AIRCRAFT DEPOT MAINTENANCE ....................................... 1,007,681 1,007,681 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ....................... 38,248 38,248 

080 AVIATION LOGISTICS .............................................................. 564,720 564,720 

090 MISSION AND OTHER SHIP OPERATIONS ......................... 3,513,083 3,513,083 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................ 743,765 743,765 

110 SHIP DEPOT MAINTENANCE ................................................. 5,168,273 5,177,773 

Ship Repair Capability in the Western Pacific ...................... [9,500 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ................................. 1,575,578 1,575,578 

130 COMBAT COMMUNICATIONS .................................................. 558,727 558,727 

140 ELECTRONIC WARFARE ......................................................... 105,680 105,680 

150 SPACE SYSTEMS AND SURVEILLANCE .............................. 180,406 180,406 

160 WARFARE TACTICS .................................................................. 470,032 470,032 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 346,703 346,703 

180 COMBAT SUPPORT FORCES ................................................... 1,158,688 1,158,688 

190 EQUIPMENT MAINTENANCE ................................................. 113,692 113,692 

200 DEPOT OPERATIONS SUPPORT ............................................ 2,509 2,509 

210 COMBATANT COMMANDERS CORE OPERATIONS ............ 91,019 91,019 

220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................................................ 74,780 74,780 

230 CRUISE MISSILE ....................................................................... 106,030 106,030 

240 FLEET BALLISTIC MISSILE ................................................... 1,233,805 1,241,305 

Engineering and Technical Services, Project 934 ................. [7,500 ] 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...................... 163,025 163,025 

260 WEAPONS MAINTENANCE ...................................................... 553,269 551,469 

Heavy Weight Torpedo Program Execution .......................... [–1,500 ] 

Light Weight Torpedo Program Execution ........................... [–300 ] 

270 OTHER WEAPON SYSTEMS SUPPORT ................................. 350,010 350,010 

280 ENTERPRISE INFORMATION ................................................. 790,685 790,685 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION 1,642,742 1,642,742 

300 BASE OPERATING SUPPORT ................................................. 4,206,136 4,206,136 

SUBTOTAL OPERATING FORCES ......................... 31,173,511 31,188,711 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE ................................... 893,517 893,517 

320 READY RESERVE FORCE ........................................................ 274,524 274,524 

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS ......................... 6,727 6,727 

340 SHIP ACTIVATIONS/INACTIVATIONS ................................... 288,154 288,154 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ............. 95,720 95,720 

360 INDUSTRIAL READINESS ....................................................... 2,109 2,109 

370 COAST GUARD SUPPORT ........................................................ 21,114 21,114 

SUBTOTAL MOBILIZATION ...................................... 1,581,865 1,581,865 

TRAINING AND RECRUITING 

380 OFFICER ACQUISITION ........................................................... 143,815 143,815 

390 RECRUIT TRAINING ................................................................. 8,519 8,519 

400 RESERVE OFFICERS TRAINING CORPS .............................. 143,445 143,445 


emcdonald on DSK3SPTVN1PROD with BILLS
1357 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

410 SPECIALIZED SKILL TRAINING ........................................... 699,214 699,214 

420 FLIGHT TRAINING ................................................................... 5,310 5,310 

430 PROFESSIONAL DEVELOPMENT EDUCATION .................. 172,852 174,052 

Naval Sea Cadets ................................................................... [1,200 ] 

440 TRAINING SUPPORT ................................................................ 222,728 222,728 

450 RECRUITING AND ADVERTISING ......................................... 225,647 225,647 

460 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 130,569 130,569 

470 CIVILIAN EDUCATION AND TRAINING ............................... 73,730 73,730 

480 JUNIOR ROTC ............................................................................ 50,400 50,400 

SUBTOTAL TRAINING AND RECRUITING ........ 1,876,229 1,877,429 

ADMIN & SRVWD ACTIVITIES 

490 ADMINISTRATION ..................................................................... 917,453 917,453 

500 EXTERNAL RELATIONS .......................................................... 14,570 14,570 

510 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 124,070 124,070 

520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 369,767 369,767 

530 OTHER PERSONNEL SUPPORT ............................................. 285,927 285,927 

540 SERVICEWIDE COMMUNICATIONS ....................................... 319,908 319,908 

570 SERVICEWIDE TRANSPORTATION ....................................... 171,659 171,659 

590 PLANNING, ENGINEERING AND DESIGN ........................... 270,863 270,863 

600 ACQUISITION AND PROGRAM MANAGEMENT .................. 1,112,766 1,112,766 

610 HULL, MECHANICAL AND ELECTRICAL SUPPORT ......... 49,078 49,078 

620 COMBAT/WEAPONS SYSTEMS ................................................ 24,989 24,989 

630 SPACE AND ELECTRONIC WARFARE SYSTEMS ............... 72,966 72,966 

640 NAVAL INVESTIGATIVE SERVICE ........................................ 595,711 595,711 

700 INTERNATIONAL HEADQUARTERS AND AGENCIES ...... 4,809 4,809 

730 CLASSIFIED PROGRAMS ......................................................... 517,440 517,440 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 4,851,976 4,851,976 

UNDISTRIBUTED 

740 UNDISTRIBUTED ...................................................................... –585,600 

Excessive standard price for fuel ........................................... [–390,500 ] 

Foreign Currency adjustments .............................................. [–26,400 ] 

Historical unobligated balances ............................................. [–174,100 ] 

Prohibition on Per Diem Allowance Reduction ..................... [5,400 ] 

SUBTOTAL UNDISTRIBUTED .................................. –585,600 

TOTAL OPERATION & MAINTENANCE, 

NAVY ........................................................................... 39,483,581 38,914,381 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .......................................................... 674,613 674,613 

020 FIELD LOGISTICS ..................................................................... 947,424 947,424 

030 DEPOT MAINTENANCE ........................................................... 206,783 206,783 

040 MARITIME PREPOSITIONING ................................................ 85,276 85,276 

050 SUSTAINMENT, RESTORATION & MODERNIZATION ....... 632,673 632,673 

060 BASE OPERATING SUPPORT ................................................. 2,136,626 2,136,626 

SUBTOTAL OPERATING FORCES ......................... 4,683,395 4,683,395 

TRAINING AND RECRUITING 

070 RECRUIT TRAINING ................................................................. 15,946 15,946 

080 OFFICER ACQUISITION ........................................................... 935 935 

090 SPECIALIZED SKILL TRAINING ........................................... 99,305 99,305 

100 PROFESSIONAL DEVELOPMENT EDUCATION .................. 45,495 45,995 

MOS-to-Degree Program ....................................................... [500 ] 

110 TRAINING SUPPORT ................................................................ 369,979 369,979 

120 RECRUITING AND ADVERTISING ......................................... 165,566 165,566 

130 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 35,133 35,133 

140 JUNIOR ROTC ............................................................................ 23,622 23,622 

SUBTOTAL TRAINING AND RECRUITING ........ 755,981 756,481 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ....................................... 34,534 34,534 

160 ADMINISTRATION ..................................................................... 355,932 355,932 

180 ACQUISITION AND PROGRAM MANAGEMENT .................. 76,896 76,896 

200 CLASSIFIED PROGRAMS ......................................................... 47,520 47,520 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 514,882 514,882 


emcdonald on DSK3SPTVN1PROD with BILLS
1358 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

UNDISTRIBUTED 

210 UNDISTRIBUTED ...................................................................... –37,700 

Excessive standard price for fuel ........................................... [–4,900 ] 

Foreign Currency adjustments .............................................. [–1,500 ] 

Historical unobligated balances ............................................. [–33,100 ] 

Prohibition on Per Diem Allowance Reduction ..................... [1,800 ] 

SUBTOTAL UNDISTRIBUTED .................................. –37,700 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ............................................................ 5,954,258 5,917,058 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................... 526,190 526,190 

020 INTERMEDIATE MAINTENANCE .......................................... 6,714 6,714 

030 AIRCRAFT DEPOT MAINTENANCE ....................................... 86,209 86,209 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ....................... 389 389 

050 AVIATION LOGISTICS .............................................................. 10,189 10,189 

070 SHIP OPERATIONS SUPPORT & TRAINING ........................ 560 560 

090 COMBAT COMMUNICATIONS .................................................. 13,173 13,173 

100 COMBAT SUPPORT FORCES ................................................... 109,053 109,053 

120 ENTERPRISE INFORMATION ................................................. 27,226 27,226 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION 27,571 27,571 

140 BASE OPERATING SUPPORT ................................................. 99,166 99,166 

SUBTOTAL OPERATING FORCES ......................... 906,440 906,440 

ADMIN & SRVWD ACTIVITIES 

150 ADMINISTRATION ..................................................................... 1,351 1,351 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 13,251 13,251 

170 SERVICEWIDE COMMUNICATIONS ....................................... 3,445 3,445 

180 ACQUISITION AND PROGRAM MANAGEMENT .................. 3,169 3,169 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 21,216 21,216 

UNDISTRIBUTED 

200 UNDISTRIBUTED ...................................................................... –26,600 

Excessive standard price for fuel ........................................... [–26,600 ] 

SUBTOTAL UNDISTRIBUTED .................................. –26,600 

TOTAL OPERATION & MAINTENANCE, 

NAVY RES ................................................................. 927,656 901,056 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ............................................................... 94,154 94,154 

020 DEPOT MAINTENANCE ........................................................... 18,594 18,594 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION 25,470 25,470 

040 BASE OPERATING SUPPORT ................................................. 111,550 111,550 

SUBTOTAL OPERATING FORCES ......................... 249,768 249,768 

ADMIN & SRVWD ACTIVITIES 

050 SERVICEWIDE TRANSPORTATION ....................................... 902 902 

060 ADMINISTRATION ..................................................................... 11,130 11,130 

070 RECRUITING AND ADVERTISING ......................................... 8,833 8,833 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 20,865 20,865 

UNDISTRIBUTED 

090 UNDISTRIBUTED ...................................................................... –800 

Excessive standard price for fuel ........................................... [–800 ] 

SUBTOTAL UNDISTRIBUTED .................................. –800 

TOTAL OPERATION & MAINTENANCE, MC 

RESERVE ................................................................... 270,633 269,833 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................... 3,294,124 3,294,124 

020 COMBAT ENHANCEMENT FORCES ...................................... 1,682,045 1,682,045 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,730,757 1,730,757 


emcdonald on DSK3SPTVN1PROD with BILLS
1359 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

040 DEPOT MAINTENANCE ........................................................... 7,042,988 6,986,488 

Compass Call Program Restructure ...................................... [–56,500 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 1,657,019 1,657,019 

060 BASE SUPPORT ......................................................................... 2,787,216 2,787,216 

070 GLOBAL C3I AND EARLY WARNING .................................... 887,831 887,831 

080 OTHER COMBAT OPS SPT PROGRAMS ................................ 1,070,178 1,070,178 

100 LAUNCH FACILITIES ............................................................... 208,582 208,582 

110 SPACE CONTROL SYSTEMS .................................................... 362,250 362,250 

120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................................................ 907,245 907,245 

130 COMBATANT COMMANDERS CORE OPERATIONS ............ 199,171 199,171 

135 CLASSIFIED PROGRAMS ......................................................... 930,757 930,757 

SUBTOTAL OPERATING FORCES ......................... 22,760,163 22,703,663 

MOBILIZATION 

140 AIRLIFT OPERATIONS ............................................................. 1,703,059 1,703,059 

150 MOBILIZATION PREPAREDNESS .......................................... 138,899 138,899 

160 DEPOT MAINTENANCE ........................................................... 1,553,439 1,553,439 

170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 258,328 258,328 

180 BASE SUPPORT ......................................................................... 722,756 722,756 

SUBTOTAL MOBILIZATION ...................................... 4,376,481 4,376,481 

TRAINING AND RECRUITING 

190 OFFICER ACQUISITION ........................................................... 120,886 120,886 

200 RECRUIT TRAINING ................................................................. 23,782 23,782 

210 RESERVE OFFICERS TRAINING CORPS (ROTC) ............... 77,692 77,692 

220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 236,254 236,254 

230 BASE SUPPORT ......................................................................... 819,915 819,915 

240 SPECIALIZED SKILL TRAINING ........................................... 387,446 387,446 

250 FLIGHT TRAINING ................................................................... 725,134 725,134 

260 PROFESSIONAL DEVELOPMENT EDUCATION .................. 264,213 264,213 

270 TRAINING SUPPORT ................................................................ 86,681 86,681 

280 DEPOT MAINTENANCE ........................................................... 305,004 305,004 

290 RECRUITING AND ADVERTISING ......................................... 104,754 104,754 

300 EXAMINING ................................................................................ 3,944 3,944 

310 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 184,841 184,841 

320 CIVILIAN EDUCATION AND TRAINING ............................... 173,583 173,583 

330 JUNIOR ROTC ............................................................................ 58,877 58,877 

SUBTOTAL TRAINING AND RECRUITING ........ 3,573,006 3,573,006 

ADMIN & SRVWD ACTIVITIES 

340 LOGISTICS OPERATIONS ........................................................ 1,107,846 1,107,846 

350 TECHNICAL SUPPORT ACTIVITIES ..................................... 924,185 924,185 

360 DEPOT MAINTENANCE ........................................................... 48,778 48,778 

370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 321,013 321,013 

380 BASE SUPPORT ......................................................................... 1,115,910 1,115,910 

390 ADMINISTRATION ..................................................................... 811,650 811,650 

400 SERVICEWIDE COMMUNICATIONS ....................................... 269,809 269,809 

410 OTHER SERVICEWIDE ACTIVITIES ..................................... 961,304 961,304 

420 CIVIL AIR PATROL .................................................................... 25,735 30,500 

Civil Air Patrol O&M Support ............................................... [4,765 ] 

450 INTERNATIONAL SUPPORT ................................................... 90,573 90,573 

460 CLASSIFIED PROGRAMS ......................................................... 1,131,603 1,131,603 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........ 6,808,406 6,813,171 

UNDISTRIBUTED 

470 UNDISTRIBUTED ...................................................................... –765,900 

Excessive standard price for fuel ........................................... [–368,000 ] 

Foreign Currency adjustments .............................................. [–116,700 ] 

Historical unobligated balances ............................................. [–288,000 ] 

Prohibition on Per Diem Allowance Reduction ..................... [6,800 ] 

SUBTOTAL UNDISTRIBUTED .................................. –765,900 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE ........................................................................ 37,518,056 36,700,421 


emcdonald on DSK3SPTVN1PROD with BILLS
1360 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................... 1,707,882 1,707,882 

020 MISSION SUPPORT OPERATIONS ......................................... 230,016 230,016 

030 DEPOT MAINTENANCE ........................................................... 541,743 541,743 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 113,470 113,470 

050 BASE SUPPORT ......................................................................... 384,832 384,832 

SUBTOTAL OPERATING FORCES ......................... 2,977,943 2,977,943 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

060 ADMINISTRATION ..................................................................... 54,939 54,939 

070 RECRUITING AND ADVERTISING ......................................... 14,754 14,754 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) ............ 12,707 12,707 

090 OTHER PERS SUPPORT (DISABILITY COMP) .................... 7,210 7,210 

100 AUDIOVISUAL ............................................................................ 376 376 

SUBTOTAL ADMINISTRATION AND 

SERVICEWIDE ACTIVITIES .................................. 89,986 89,986 

UNDISTRIBUTED 

110 UNDISTRIBUTED ...................................................................... –59,700 

Excessive standard price for fuel ........................................... [–59,700 ] 

SUBTOTAL UNDISTRIBUTED .................................. –59,700 

TOTAL OPERATION & MAINTENANCE, AF 

RESERVE ................................................................... 3,067,929 3,008,229 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ......................................................... 3,282,238 3,282,238 

020 MISSION SUPPORT OPERATIONS ......................................... 723,062 723,062 

030 DEPOT MAINTENANCE ........................................................... 1,824,329 1,824,329 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 245,840 245,840 

050 BASE SUPPORT ......................................................................... 575,548 575,548 

SUBTOTAL OPERATING FORCES ......................... 6,651,017 6,651,017 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

060 ADMINISTRATION ..................................................................... 23,715 26,239 

National Guard State Partnership Program ......................... [2,524 ] 

070 RECRUITING AND ADVERTISING ......................................... 28,846 28,846 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ..................................................... 52,561 55,085 

UNDISTRIBUTED 

080 UNDISTRIBUTED ...................................................................... –117,700 

Excessive standard price for fuel ........................................... [–117,700 ] 

SUBTOTAL UNDISTRIBUTED .................................. –117,700 

TOTAL OPERATION & MAINTENANCE, ANG 6,703,578 6,588,402 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ....................................................... 506,113 506,113 

020 OFFICE OF THE SECRETARY OF DEFENSE ..................... 524,439 519,439 

Program decrease .................................................................. [–5,000 ] 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES 4,898,159 4,898,159 

SUBTOTAL OPERATING FORCES ......................... 5,928,711 5,923,711 

TRAINING AND RECRUITING 

040 DEFENSE ACQUISITION UNIVERSITY ................................ 138,658 138,658 

050 JOINT CHIEFS OF STAFF ....................................................... 85,701 85,701 

070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING ................................................................................ 365,349 365,349 

SUBTOTAL TRAINING AND RECRUITING ........ 589,708 589,708 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 


emcdonald on DSK3SPTVN1PROD with BILLS
1361 

HR 4909 PCS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

080 CIVIL MILITARY PROGRAMS .................................................. 160,480 180,480 

STARBASE ........................................................................... [20,000 ] 

100 DEFENSE CONTRACT AUDIT AGENCY ............................... 630,925 630,925 

110 DEFENSE CONTRACT MANAGEMENT AGENCY ................ 1,356,380 1,356,380 

120 DEFENSE HUMAN RESOURCES ACTIVITY ........................ 683,620 683,620 

130 DEFENSE INFORMATION SYSTEMS AGENCY ................... 1,439,891 1,439,891 

150 DEFENSE LEGAL SERVICES AGENCY ................................ 24,984 24,984 

160 DEFENSE LOGISTICS AGENCY ............................................. 357,964 357,964 

170 DEFENSE MEDIA ACTIVITY ................................................... 223,422 213,422 

Program decrease .................................................................. [–10,000 ] 

180 DEFENSE PERSONNEL ACCOUNTING AGENCY ............... 112,681 112,681 

190 DEFENSE SECURITY COOPERATION AGENCY ................. 496,754 496,754 

200 DEFENSE SECURITY SERVICE ............................................. 538,711 538,711 

230 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 35,417 35,417 

240 DEFENSE THREAT REDUCTION AGENCY ......................... 448,146 448,146 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ..... 2,671,143 2,701,143 

Impact Aid ............................................................................. [30,000 ] 

270 MISSILE DEFENSE AGENCY .................................................. 446,975 446,975 

290 OFFICE OF ECONOMIC ADJUSTMENT ................................ 155,399 155,399 

300 OFFICE OF THE SECRETARY OF DEFENSE ..................... 1,481,643 1,406,713 

Alcohol Abuse Prevention Program ....................................... [1,000 ] 

BRAC 2017 Round Planning and Analyses .......................... [–3,530 ] 

CWMD Sustainment: Constellation program reduction ........ [–3,800 ] 

Program decrease .................................................................. [–84,428 ] 

Readiness environmental protection initiative ....................... [15,828 ] 

310 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE 

ACTIVITIES ............................................................................. 89,429 70,829 

SOCOM MH–60 Block Upgrades / MH–60M Replacement [–18,600 ] 

320 WASHINGTON HEADQUARTERS SERVICES ....................... 629,874 619,874 

Program decrease .................................................................. [–10,000 ] 

330 CLASSIFIED PROGRAMS ......................................................... 14,069,333 14,071,333 

Classified adjustment ............................................................. [2,000 ] 

SUBTOTAL ADMINISTRATION AND 

SERVICEWIDE ACTIVITIES .................................. 26,053,171 25,991,641 

UNDISTRIBUTED 

340 UNDISTRIBUTED ...................................................................... –293,900 

Excessive standard price for fuel ........................................... [–17,800 ] 

Foreign Currency adjustments .............................................. [–34,300 ] 

Historical unobligated balances ............................................. [–248,100 ] 

Prohibition on Per Diem Allowance Reduction ..................... [6,300 ] 

SUBTOTAL UNDISTRIBUTED .................................. –293,900 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ............................................................ 32,571,590 32,211,160 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, 

DEFENSE ................................................................................ 14,194 14,194 

020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 105,125 105,125 

030 COOPERATIVE THREAT REDUCTION ................................. 325,604 325,604 

050 ENVIRONMENTAL RESTORATION, ARMY .......................... 170,167 170,167 

060 ENVIRONMENTAL RESTORATION, NAVY ........................... 281,762 281,762 

070 ENVIRONMENTAL RESTORATION, AIR FORCE ................ 371,521 371,521 

080 ENVIRONMENTAL RESTORATION, DEFENSE ................... 9,009 9,009 

090 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ........................................................................................ 197,084 197,084 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS .............................................................................. 1,474,466 1,474,466 

TOTAL MISCELLANEOUS APPROPRIATIONS .......................................................................... 1,474,466 1,474,466 

TOTAL OPERATION & MAINTENANCE ........... 171,318,488 169,325,271 


emcdonald on DSK3SPTVN1PROD with BILLS
1362 

HR 4909 PCS

1 SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS 

2 CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ............................................................................... 406,852 396,052 

Army requested realignment (ERI) .................................................. [–10,800 ] 

040 THEATER LEVEL ASSETS .................................................................. 1,643,456 1,713,556 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [70,100 ] 

050 LAND FORCES OPERATIONS SUPPORT ......................................... 556,066 156,366 

Army requested realignment (ERI) .................................................. [–132,000 ] 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [67,200 ] 

Realign APS Unit Set Requirements to Base .................................. [–334,900 ] 

060 AVIATION ASSETS ................................................................................ 58,620 90,120 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [31,500 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................................ 1,502,845 1,676,345 

Army requested realignment (ERI) .................................................. [–2,000 ] 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [175,500 ] 

080 LAND FORCES SYSTEMS READINESS ............................................ 348,174 358,174 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [10,000 ] 

100 BASE OPERATIONS SUPPORT ........................................................... 40,000 25,000 

Realign APS Unit Set Requirements to Base .................................. [–15,000 ] 

140 ADDITIONAL ACTIVITIES ................................................................... 5,979,678 7,060,278 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [1,093,200 ] 

Realign APS Unit Set Requirements to Base .................................. [–12,600 ] 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ................... 5,000 5,000 

160 RESET ..................................................................................................... 1,092,542 1,092,542 

170 COMBATANT COMMANDS DIRECT MISSION SUPPORT .............. 79,568 79,568 

SUBTOTAL OPERATING FORCES ..................................... 11,712,801 12,653,001 

MOBILIZATION 

190 ARMY PREPOSITIONED STOCKS ...................................................... 350,200 130,000 

Army requested realignment (ERI) .................................................. [–220,200 ] 

SUBTOTAL MOBILIZATION ................................................. 350,200 130,000 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION .................................................. 540,400 559,500 

Army requested realignment (ERI) .................................................. [120,000 ] 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [203,100 ] 

Realign APS Unit Set Requirements to Base .................................. [–304,000 ] 

380 AMMUNITION MANAGEMENT ........................................................... 13,974 49,074 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [35,100 ] 

420 OTHER PERSONNEL SUPPORT ........................................................ 105,508 105,508 

450 REAL ESTATE MANAGEMENT .......................................................... 165,678 263,178 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [97,500 ] 

530 CLASSIFIED PROGRAMS ..................................................................... 835,551 849,851 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [14,300 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ............... 1,661,111 1,827,111 

UNDISTRIBUTED 

540 UNDISTRIBUTED .................................................................................. –6,083,330 

Excessive standard price for fuel ...................................................... [–138,600 ] 

Historical unobligated balances ......................................................... [–188,500 ] 

Prorated OCO allocation in support of base readiness requirements [–5,756,230 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –6,083,330 

TOTAL OPERATION & MAINTENANCE, ARMY ....... 13,724,112 8,526,782 


emcdonald on DSK3SPTVN1PROD with BILLS
1363 

HR 4909 PCS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

020 ECHELONS ABOVE BRIGADE ............................................................ 6,252 9,252 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [3,000 ] 

040 LAND FORCES OPERATIONS SUPPORT ......................................... 2,075 3,075 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [1,000 ] 

060 FORCE READINESS OPERATIONS SUPPORT ................................ 1,140 1,440 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [300 ] 

090 BASE OPERATIONS SUPPORT ........................................................... 14,653 15,153 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [500 ] 

SUBTOTAL OPERATING FORCES ..................................... 24,120 28,920 

UNDISTRIBUTED 

180 UNDISTRIBUTED .................................................................................. –11,394 

Prorated OCO allocation in support of base readiness requirements [–11,394 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –11,394 

TOTAL OPERATION & MAINTENANCE, ARMY 

RES .......................................................................................... 24,120 17,526 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ............................................................................... 10,564 16,564 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [6,000 ] 

020 MODULAR SUPPORT BRIGADES ....................................................... 748 748 

030 ECHELONS ABOVE BRIGADE ............................................................ 5,751 7,451 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [1,700 ] 

040 THEATER LEVEL ASSETS .................................................................. 200 200 

060 AVIATION ASSETS ................................................................................ 27,183 30,983 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [3,800 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................................ 2,741 2,741 

100 BASE OPERATIONS SUPPORT ........................................................... 18,800 18,800 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .............. 920 920 

SUBTOTAL OPERATING FORCES ..................................... 66,907 78,407 

UNDISTRIBUTED 

190 UNDISTRIBUTED .................................................................................. –30,892 

Prorated OCO allocation in support of base readiness requirements [–30,892 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –30,892 

TOTAL OPERATION & MAINTENANCE, ARNG ....... 66,907 47,515 

AFGHANISTAN SECURITY FORCES FUND 

MINISTRY OF DEFENSE 

010 SUSTAINMENT ...................................................................................... 2,173,341 2,173,341 

020 INFRASTRUCTURE ............................................................................... 48,262 48,262 

030 EQUIPMENT AND TRANSPORTATION ............................................ 76,216 176,047 

Maintain security forces at fiscal year 2016 levels ........................... [99,831 ] 

040 TRAINING AND OPERATIONS ........................................................... 220,139 281,555 

Maintain security forces at fiscal year 2016 levels ........................... [61,416 ] 

SUBTOTAL MINISTRY OF DEFENSE ............................... 2,517,958 2,679,205 

MINISTRY OF INTERIOR 

050 SUSTAINMENT ...................................................................................... 860,441 880,300 

Maintain security forces at fiscal year 2016 levels ........................... [19,859 ] 

060 INFRASTRUCTURE ............................................................................... 20,837 20,837 

070 EQUIPMENT AND TRANSPORTATION ............................................ 8,153 116,573 

Maintain security forces at fiscal year 2016 levels ........................... [108,420 ] 

080 TRAINING AND OPERATIONS ........................................................... 41,326 65,342 

Maintain security forces at fiscal year 2016 levels ........................... [24,016 ] 

SUBTOTAL MINISTRY OF INTERIOR .............................. 930,757 1,083,052 

UNDISTRIBUTED 


emcdonald on DSK3SPTVN1PROD with BILLS
1364 

HR 4909 PCS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

110 UNDISTRIBUTED .................................................................................. –1,482,289 

Prorated OCO allocation in support of base readiness requirements [–1,482,289 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –1,482,289 

TOTAL AFGHANISTAN SECURITY FORCES FUND 3,448,715 2,279,968 

IRAQ TRAIN AND EQUIP FUND 

IRAQ TRAIN AND EQUIP FUND 

010 IRAQ TRAIN AND EQUIP FUND ........................................................ 630,000 680,000 

Support to Kurdish and Sunni tribal security forces for operations 

in Mosul, Iraq ................................................................................ [50,000 ] 

SUBTOTAL IRAQ TRAIN AND EQUIP FUND ................ 630,000 680,000 

UNDISTRIBUTED 

020 UNDISTRIBUTED .................................................................................. –267,913 

Prorated OCO allocation in support of base readiness requirements [–267,913 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –267,913 

TOTAL IRAQ TRAIN AND EQUIP FUND ..................... 630,000 412,087 

SYRIA TRAIN AND EQUIP FUND 

SYRIA TRAIN AND EQUIP FUND 

010 SYRIA TRAIN AND EQUIP FUND ...................................................... 250,000 250,000 

SUBTOTAL SYRIA TRAIN AND EQUIP FUND .............. 250,000 250,000 

UNDISTRIBUTED 

020 UNDISTRIBUTED .................................................................................. –98,497 

Prorated OCO allocation in support of base readiness requirements [–98,497 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –98,497 

TOTAL SYRIA TRAIN AND EQUIP FUND ................... 250,000 151,503 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................... 360,621 360,621 

040 AIR OPERATIONS AND SAFETY SUPPORT .................................... 4,603 4,603 

050 AIR SYSTEMS SUPPORT ..................................................................... 159,049 159,049 

060 AIRCRAFT DEPOT MAINTENANCE .................................................. 113,994 113,994 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................................... 1,840 1,840 

080 AVIATION LOGISTICS .......................................................................... 35,529 35,529 

090 MISSION AND OTHER SHIP OPERATIONS ..................................... 1,073,080 1,073,080 

100 SHIP OPERATIONS SUPPORT & TRAINING ................................... 17,306 17,306 

110 SHIP DEPOT MAINTENANCE ............................................................ 2,128,431 2,128,431 

130 COMBAT COMMUNICATIONS ............................................................. 21,257 21,257 

160 WARFARE TACTICS .............................................................................. 22,603 22,603 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ............. 22,934 22,934 

180 COMBAT SUPPORT FORCES .............................................................. 568,511 568,511 

190 EQUIPMENT MAINTENANCE ............................................................. 11,358 11,358 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT .................................. 61,000 61,000 

260 WEAPONS MAINTENANCE ................................................................. 289,045 289,045 

270 OTHER WEAPON SYSTEMS SUPPORT ............................................ 8,000 8,000 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ............ 7,819 7,819 

300 BASE OPERATING SUPPORT ............................................................. 61,493 61,493 

SUBTOTAL OPERATING FORCES ..................................... 4,968,473 4,968,473 

MOBILIZATION 

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS .................................... 1,530 1,530 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......................... 5,307 5,307 

370 COAST GUARD SUPPORT .................................................................... 162,692 162,692 

SUBTOTAL MOBILIZATION ................................................. 169,529 169,529 

TRAINING AND RECRUITING 

410 SPECIALIZED SKILL TRAINING ....................................................... 43,365 43,365 

SUBTOTAL TRAINING AND RECRUITING .................... 43,365 43,365 

ADMIN & SRVWD ACTIVITIES 

490 ADMINISTRATION ................................................................................ 3,764 3,764 

500 EXTERNAL RELATIONS ..................................................................... 515 515 

520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........ 5,409 5,409 

530 OTHER PERSONNEL SUPPORT ........................................................ 1,578 1,578 


emcdonald on DSK3SPTVN1PROD with BILLS
1365 

HR 4909 PCS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

570 SERVICEWIDE TRANSPORTATION .................................................. 126,700 126,700 

600 ACQUISITION AND PROGRAM MANAGEMENT .............................. 9,261 9,261 

640 NAVAL INVESTIGATIVE SERVICE .................................................... 1,501 1,501 

730 CLASSIFIED PROGRAMS ..................................................................... 15,780 15,780 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 164,508 164,508 

UNDISTRIBUTED 

740 UNDISTRIBUTED .................................................................................. –2,226,518 

Excessive standard price for fuel ...................................................... [–120,300 ] 

Prorated OCO allocation in support of base readiness requirements [–2,106,218 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –2,226,518 

TOTAL OPERATION & MAINTENANCE, NAVY ........ 5,345,875 3,119,357 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ...................................................................... 403,489 469,789 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [66,300 ] 

020 FIELD LOGISTICS ................................................................................ 266,094 266,094 

030 DEPOT MAINTENANCE ....................................................................... 147,000 147,000 

060 BASE OPERATING SUPPORT ............................................................. 18,576 18,576 

SUBTOTAL OPERATING FORCES ..................................... 835,159 901,459 

TRAINING AND RECRUITING 

110 TRAINING SUPPORT ............................................................................ 31,750 31,750 

SUBTOTAL TRAINING AND RECRUITING .................... 31,750 31,750 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION .................................................. 73,800 89,800 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [16,000 ] 

200 CLASSIFIED PROGRAMS ..................................................................... 3,650 3,650 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 77,450 93,450 

UNDISTRIBUTED 

210 UNDISTRIBUTED .................................................................................. –413,593 

Excessive standard price for fuel ...................................................... [–9,100 ] 

Prorated OCO allocation in support of base readiness requirements [–404,493 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –413,593 

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS .................................................................................... 944,359 613,066 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

030 AIRCRAFT DEPOT MAINTENANCE .................................................. 16,500 16,500 

050 AVIATION LOGISTICS .......................................................................... 2,522 2,522 

100 COMBAT SUPPORT FORCES .............................................................. 7,243 7,243 

SUBTOTAL OPERATING FORCES ..................................... 26,265 26,265 

UNDISTRIBUTED 

200 UNDISTRIBUTED .................................................................................. –10,448 

Excessive standard price for fuel ...................................................... [–100 ] 

Prorated OCO allocation in support of base readiness requirements [–10,348 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –10,448 

TOTAL OPERATION & MAINTENANCE, NAVY RES 26,265 15,817 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

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

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

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

UNDISTRIBUTED 

090 UNDISTRIBUTED .................................................................................. –1,302 

Prorated OCO allocation in support of base readiness requirements [–1,302 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –1,302 


emcdonald on DSK3SPTVN1PROD with BILLS
1366 

HR 4909 PCS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

TOTAL OPERATION & MAINTENANCE, MC RESERVE .................................................................................... 3,304 2,002 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ............................................................... 1,339,461 1,370,361 

Enahncing readiness levels of DCA aircraft ..................................... [10,000 ] 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [20,900 ] 

020 COMBAT ENHANCEMENT FORCES .................................................. 1,096,021 1,116,921 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [20,900 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ............. 152,278 152,278 

040 DEPOT MAINTENANCE ....................................................................... 1,061,506 1,087,106 

Compass Call Program Restructure .................................................. [25,600 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 56,700 56,700 

060 BASE SUPPORT ..................................................................................... 941,714 941,714 

070 GLOBAL C3I AND EARLY WARNING ................................................ 30,219 30,219 

080 OTHER COMBAT OPS SPT PROGRAMS ............................................ 207,696 217,696 

Promoting additional DCA burden sharing ...................................... [5,000 ] 

Supporting DCA dispersal CONOP development ............................. [5,000 ] 

100 LAUNCH FACILITIES ........................................................................... 869 869 

110 SPACE CONTROL SYSTEMS ............................................................... 5,008 5,008 

120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ......... 100,081 100,081 

135 CLASSIFIED PROGRAMS ..................................................................... 79,893 79,893 

SUBTOTAL OPERATING FORCES ..................................... 5,071,446 5,158,846 

MOBILIZATION 

140 AIRLIFT OPERATIONS ........................................................................ 2,774,729 2,872,429 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [97,700 ] 

150 MOBILIZATION PREPAREDNESS ..................................................... 108,163 108,163 

160 DEPOT MAINTENANCE ....................................................................... 891,102 891,102 

180 BASE SUPPORT ..................................................................................... 3,686 3,686 

SUBTOTAL MOBILIZATION ................................................. 3,777,680 3,875,380 

TRAINING AND RECRUITING 

230 BASE SUPPORT ..................................................................................... 52,740 52,740 

240 SPECIALIZED SKILL TRAINING ....................................................... 4,500 4,500 

SUBTOTAL TRAINING AND RECRUITING .................... 57,240 57,240 

ADMIN & SRVWD ACTIVITIES 

340 LOGISTICS OPERATIONS .................................................................... 86,716 86,716 

380 BASE SUPPORT ..................................................................................... 59,133 59,133 

400 SERVICEWIDE COMMUNICATIONS .................................................. 165,348 165,348 

410 OTHER SERVICEWIDE ACTIVITIES ................................................. 141,883 141,883 

450 INTERNATIONAL SUPPORT ............................................................... 61 61 

460 CLASSIFIED PROGRAMS ..................................................................... 15,323 15,323 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 468,464 468,464 

UNDISTRIBUTED 

470 UNDISTRIBUTED .................................................................................. –3,868,111 

Excessive standard price for fuel ...................................................... [–101,600 ] 

Prorated OCO allocation in support of base readiness requirements [–3,766,511 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –3,868,111 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE .................................................................................... 9,374,830 5,691,819 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

030 DEPOT MAINTENANCE ....................................................................... 51,086 51,086 

050 BASE SUPPORT ..................................................................................... 6,500 6,500 

SUBTOTAL OPERATING FORCES ..................................... 57,586 57,586 

UNDISTRIBUTED 

110 UNDISTRIBUTED .................................................................................. –22,788 

Excessive standard price for fuel ...................................................... [–100 ] 

Prorated OCO allocation in support of base readiness requirements [–22,688 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1367 

HR 4909 PCS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

SUBTOTAL UNDISTRIBUTED ............................................. –22,788 

TOTAL OPERATION & MAINTENANCE, AF RESERVE .................................................................................... 57,586 34,798 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ..................................................... 3,400 3,400 

050 BASE SUPPORT ..................................................................................... 16,600 16,600 

SUBTOTAL OPERATING FORCES ..................................... 20,000 20,000 

UNDISTRIBUTED 

080 UNDISTRIBUTED .................................................................................. –7,880 

Prorated OCO allocation in support of base readiness requirements [–7,880 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –7,880 

TOTAL OPERATION & MAINTENANCE, ANG ........... 20,000 12,120 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .................................................................. 10,000 

Enhancing exercise of DCA aircraft ................................................. [10,000 ] 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES .......... 2,636,307 2,805,907 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [169,600 ] 

SUBTOTAL OPERATING FORCES ..................................... 2,636,307 2,815,907 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

100 DEFENSE CONTRACT AUDIT AGENCY ........................................... 13,436 13,436 

110 DEFENSE CONTRACT MANAGEMENT AGENCY ........................... 13,564 13,564 

130 DEFENSE INFORMATION SYSTEMS AGENCY ............................... 32,879 32,879 

150 DEFENSE LEGAL SERVICES AGENCY ............................................ 111,986 111,986 

170 DEFENSE MEDIA ACTIVITY .............................................................. 13,317 13,317 

190 DEFENSE SECURITY COOPERATION AGENCY ............................. 1,412,000 1,412,000 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................. 67,000 67,000 

300 OFFICE OF THE SECRETARY OF DEFENSE ................................. 31,106 31,106 

320 WASHINGTON HEADQUARTERS SERVICES .................................. 3,137 3,137 

330 CLASSIFIED PROGRAMS ..................................................................... 1,609,397 1,610,397 

Operational support for deployed end strength of 9,800 in Afghanistan ................................................................................................ [1,000 ] 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE 

ACTIVITIES .............................................................................. 3,307,822 3,308,822 

UNDISTRIBUTED 

340 UNDISTRIBUTED .................................................................................. –2,419,878 

Excessive standard price for fuel ...................................................... [–6,800 ] 

Prorated OCO allocation in support of base readiness requirements [–2,413,078 ] 

SUBTOTAL UNDISTRIBUTED ............................................. –2,419,878 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ....................................................................... 5,944,129 3,704,851 

TOTAL OPERATION & MAINTENANCE ...................... 39,860,202 24,629,211 

1 SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS 

2 CONTINGENCY OPERATIONS FOR BASE RE3 QUIREMENTS. 

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

OPERATION & MAINTENANCE, ARMY 


emcdonald on DSK3SPTVN1PROD with BILLS
1368 

HR 4909 PCS

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

OPERATING FORCES 

010 MANEUVER UNITS ............................................................................... 317,093 367,093 

Army unfunded requirement—Improve training from BN+ to 

BCT- .............................................................................................. [50,000 ] 

020 MODULAR SUPPORT BRIGADES ....................................................... 5,904 5,904 

030 ECHELONS ABOVE BRIGADE ............................................................ 38,614 38,614 

040 THEATER LEVEL ASSETS .................................................................. 8,361 8,361 

050 LAND FORCES OPERATIONS SUPPORT ......................................... 279,072 279,072 

060 AVIATION ASSETS ................................................................................ 106,424 206,924 

Army unfunded requirement—Meet air readiness targets ................ [68,000 ] 

Increase to support ARI—Eleventh CAB ......................................... [32,500 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................................ 253,533 253,533 

090 LAND FORCES DEPOT MAINTENANCE .......................................... 350,000 350,000 

100 BASE OPERATIONS SUPPORT ........................................................... 22,100 

Increase to support ARI—Eleventh CAB ......................................... [22,100 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 922,000 

Increase Restoration & Modernization funding ................................. [494,900 ] 

Restore Sustainment shortfalls ......................................................... [427,100 ] 

140 ADDITIONAL ACTIVITIES ................................................................... 11,200 11,200 

SUBTOTAL OPERATING FORCES ..................................... 1,370,201 2,464,801 

TRAINING AND RECRUITING 

250 SPECIALIZED SKILL TRAINING ....................................................... 3,565 3,565 

260 FLIGHT TRAINING ............................................................................... 42,934 

Army unfunded requirement—Ensure AVN restructure initiative 

execution ........................................................................................ [5,405 ] 

Army unfunded requirement—Increase student workload for additional warrant officers ................................................................... [31,125 ] 

Army unfunded requirement—Train full ARPINT load of 990 ....... [6,404 ] 

270 PROFESSIONAL DEVELOPMENT EDUCATION ............................. 9,021 40,621 

Military Training and PME .............................................................. [31,600 ] 

280 TRAINING SUPPORT ............................................................................ 2,434 2,434 

290 RECRUITING AND ADVERTISING .................................................... 356,500 

Recruiting and Advertising Add ........................................................ [356,500 ] 

320 CIVILIAN EDUCATION AND TRAINING .......................................... 1,254 1,254 

SUBTOTAL TRAINING AND RECRUITING .................... 16,274 447,308 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION .................................................. 200,000 265,000 

Army unfunded requirement—Restore cricital shortfalls ................. [65,000 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ............... 200,000 265,000 

UNDISTRIBUTED 

540 UNDISTRIBUTED .................................................................................. 704,300 

Additional funding to support increase in Army end strength ......... [704,300 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 704,300 

TOTAL OPERATION & MAINTENANCE, ARMY ....... 1,586,475 3,881,409 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ....................................................... 708 708 

020 ECHELONS ABOVE BRIGADE ............................................................ 8,570 28,570 

Army unfunded requirement—Improve training from PLT to CO 

proficiency ...................................................................................... [20,000 ] 

030 THEATER LEVEL ASSETS .................................................................. 375 375 

040 LAND FORCES OPERATIONS SUPPORT ......................................... 13 13 

050 AVIATION ASSETS ................................................................................ 608 608 

060 FORCE READINESS OPERATIONS SUPPORT ................................ 4,285 4,285 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 97,500 

Increase Restoration & Modernization funding ................................. [57,100 ] 

Restore Sustainment shortfalls ......................................................... [40,400 ] 

SUBTOTAL OPERATING FORCES ..................................... 14,559 132,059 

UNDISTRIBUTED 

180 UNDISTRIBUTED .................................................................................. 103,400 


emcdonald on DSK3SPTVN1PROD with BILLS
1369 

HR 4909 PCS

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

Additional funding to support increase in Army Reserve end 

strength ......................................................................................... [103,400 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 103,400 

TOTAL OPERATION & MAINTENANCE, ARMY 

RES .......................................................................................... 14,559 235,459 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ............................................................................... 5,585 5,585 

030 ECHELONS ABOVE BRIGADE ............................................................ 28,956 28,956 

040 THEATER LEVEL ASSETS .................................................................. 10,272 10,272 

060 AVIATION ASSETS ................................................................................ 5,621 51,621 

Increase to support ARI .................................................................... [46,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................................ 9,694 9,694 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 121,000 

Increase Restoration & Modernization funding ................................. [16,800 ] 

Restore Sustainment shortfalls ......................................................... [104,200 ] 

SUBTOTAL OPERATING FORCES ..................................... 60,128 227,128 

UNDISTRIBUTED 

190 UNDISTRIBUTED .................................................................................. 159,100 

Additional funding to support increase in Army National Guard 

end strength ................................................................................... [159,100 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 159,100 

TOTAL OPERATION & MAINTENANCE, ARNG ....... 60,128 386,228 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................... 500,000 556,520 

Carrier Air Wing Restoration ........................................................... [56,520 ] 

020 FLEET AIR TRAINING ......................................................................... 23,020 

Carrier Air Wing Restoration ........................................................... [23,020 ] 

050 AIR SYSTEMS SUPPORT ..................................................................... 6,500 

Marine Corps unfunded requirement—accelerate readiness - H–1 .. [5,300 ] 

Marine Corps unfunded requirement—accelerate readiness - MV– 

22B ................................................................................................ [1,200 ] 

060 AIRCRAFT DEPOT MAINTENANCE .................................................. 36,000 

Carrier Air Wing Restoration ........................................................... [6,000 ] 

Navy unfunded requirement—Improve Afloat Readiness ................. [30,000 ] 

080 AVIATION LOGISTICS .......................................................................... 33,500 

Marine Corps unfunded requirement—accelerate readiness - KC– 

130J ............................................................................................... [6,800 ] 

Marine Corps unfunded requirement—accelerate readiness - MV– 

22B ................................................................................................ [10,700 ] 

Navy unfunded requirement—Improve Afloat Readiness ................. [16,000 ] 

090 MISSION AND OTHER SHIP OPERATIONS ..................................... 348,200 

Cruiser Modernization ....................................................................... [90,200 ] 

Navy unfunded requirement—Improve Afloat Readiness ................. [158,000 ] 

Navy unfunded requirement—Restore 3 CG Deployments .............. [41,000 ] 

Navy unfunded requirement—Reverse PONCE (LPD–15) Inactivation ........................................................................................... [59,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ................................... 19,700 

Navy unfunded requirement—Restore Fleet Training ..................... [19,700 ] 

110 SHIP DEPOT MAINTENANCE ............................................................ 775,000 1,084,100 

Cruiser Modernization ....................................................................... [71,100 ] 

Navy unfunded requirement—Ship Depot Wholeness ...................... [238,000 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ............................................. 79,000 

Navy unfunded requirement—Increase Alfoat Readiness ................. [79,000 ] 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ............ 19,270 408,470 

Increase Restoration & Modernization funding ................................. [113,600 ] 

Restore Sustainment shortfalls ......................................................... [275,600 ] 

300 BASE OPERATING SUPPORT ............................................................. 158,032 158,032 

SUBTOTAL OPERATING FORCES ..................................... 1,452,302 2,753,042 

MOBILIZATION 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......................... 3,597 3,597 


emcdonald on DSK3SPTVN1PROD with BILLS
1370 

HR 4909 PCS

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

SUBTOTAL MOBILIZATION ................................................. 3,597 3,597 

ADMIN & SRVWD ACTIVITIES 

540 SERVICEWIDE COMMUNICATIONS .................................................. 25,617 25,617 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 25,617 25,617 

TOTAL OPERATION & MAINTENANCE, NAVY ........ 1,481,516 2,782,256 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ...................................................................... 300,000 322,000 

Marine Corps unfunded requirement- enhanced combat helmets ..... [22,000 ] 

020 FIELD LOGISTICS ................................................................................ 21,450 

Marine Corps unfunded requirement- rifle combat optic modernization ................................................................................................. [13,200 ] 

Marine Corps unfunded requirement- SPMAGTF—C4 UUNS ....... [8,250 ] 

050 SUSTAINMENT, RESTORATION & MODERNIZATION .................. 145,600 

Increase Restoration & Modernization funding ................................. [31,400 ] 

Restore Sustainment shortfalls ......................................................... [114,200 ] 

SUBTOTAL OPERATING FORCES ..................................... 300,000 489,050 

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS .................................................................................... 300,000 489,050 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

030 AIRCRAFT DEPOT MAINTENANCE .................................................. 4,000 

Navy unfunded requirement—Improve Afloat Readiness ................. [4,000 ] 

070 SHIP OPERATIONS SUPPORT & TRAINING ................................... 300 

Navy unfunded requirement—Restore Fleet Training ..................... [300 ] 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION ............ 7,800 

Increase Restoration & Modernization funding ................................. [2,100 ] 

Restore Sustainment shortfalls ......................................................... [5,700 ] 

SUBTOTAL OPERATING FORCES ..................................... 12,100 

TOTAL OPERATION & MAINTENANCE, NAVY RES 12,100 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION ............ 7,700 

Increase Restoration & Modernization funding ................................. [4,300 ] 

Restore Sustainment shortfalls ......................................................... [3,400 ] 

SUBTOTAL OPERATING FORCES ..................................... 7,700 

TOTAL OPERATION & MAINTENANCE, MC RESERVE .................................................................................... 7,700 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

040 DEPOT MAINTENANCE ....................................................................... 124,000 447,576 

Air Force unfunded requirement—Weapons System Sustainment .. [323,576 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 407,900 

Increase Restoration & Modernization funding ................................. [142,900 ] 

Restore Sustainment shortfalls ......................................................... [265,000 ] 

070 GLOBAL C3I AND EARLY WARNING ................................................ 40,000 

Air Force unfunded requirement—Ground Based Radars ............... [40,000 ] 

SUBTOTAL OPERATING FORCES ..................................... 124,000 895,476 

MOBILIZATION 

160 DEPOT MAINTENANCE ....................................................................... 66,424 

Air Force unfunded requirement—Weapons System Sustainment .. [66,424 ] 

170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 63,600 

Increase Restoration & Modernization funding ................................. [22,300 ] 

Restore Sustainment shortfalls ......................................................... [41,300 ] 

SUBTOTAL MOBILIZATION ................................................. 130,024 

TRAINING AND RECRUITING 


emcdonald on DSK3SPTVN1PROD with BILLS
1371 

HR 4909 PCS

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 58,200 

Increase Restoration & Modernization funding ................................. [20,400 ] 

Restore Sustainment shortfalls ......................................................... [37,800 ] 

SUBTOTAL TRAINING AND RECRUITING .................... 58,200 

ADMIN & SRVWD ACTIVITIES 

370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 79,000 

Increase Restoration & Modernization funding ................................. [27,700 ] 

Restore Sustainment shortfalls ......................................................... [51,300 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 79,000 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE .................................................................................... 124,000 1,162,700 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 20,500 

Increase Restoration & Modernization funding ................................. [7,100 ] 

Restore Sustainment shortfalls ......................................................... [13,400 ] 

SUBTOTAL OPERATING FORCES ..................................... 20,500 

TOTAL OPERATION & MAINTENANCE, AF RESERVE .................................................................................... 20,500 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

030 DEPOT MAINTENANCE ....................................................................... 40,000 

Air Force unfunded requirement—Weapons System Sustainment .. [40,000 ] 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................................................................................................... 64,500 

Increase Restoration & Modernization funding ................................. [18,900 ] 

Restore Sustainment shortfalls ......................................................... [45,600 ] 

SUBTOTAL OPERATING FORCES ..................................... 104,500 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

070 RECRUITING AND ADVERTISING .................................................... 67,000 

Air Force unfunded requirement ....................................................... [67,000 ] 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE 

ACTIVITIES .............................................................................. 67,000 

TOTAL OPERATION & MAINTENANCE, ANG ........... 171,500 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES .......... 14,344 14,344 

SUBTOTAL OPERATING FORCES ..................................... 14,344 14,344 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

130 DEFENSE INFORMATION SYSTEMS AGENCY ............................... 14,700 14,700 

330 CLASSIFIED PROGRAMS ..................................................................... 9,000 9,000 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE 

ACTIVITIES .............................................................................. 23,700 23,700 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ....................................................................... 38,044 38,044 

TOTAL OPERATION & MAINTENANCE ...................... 3,604,722 9,186,946 


emcdonald on DSK3SPTVN1PROD with BILLS
1372 

HR 4909 PCS

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

Military Personnel Appropriations .............................. 128,902,332 128,482,914 

Foreign Currency adjustments .................................. [–200,400 ] 

Historical unobligated balances ................................. [–248,700 ] 

National Guard State Partnership Program, Air 

Force, Special Training ........................................... [841 ] 

National Guard State Partnership Program, Army, 

Special Training ...................................................... [841 ] 

Prohibition on Per Diem Allowance Reduction ......... [28,000 ] 

Medicare-Eligible Retiree Health Fund Contributions ...................................................................................... 6,366,908 6,366,908 

4 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN5 GENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

Military Personnel Appropriations .................................. 3,499,293 2,199,572 

Maintain end strength of 9,800 in Afghanistan ............ [130,300 ] 

Prorated OCO allocation in support of base readiness 

requirements ................................................................ [–1,430,021 ] 

6 SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTIN7 GENCY OPERATIONS FOR BASE REQUIRE8 MENTS. 

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS. 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

Military Personnel Appropriations .................................................. 62,965 2,572,715 

Fund active Air Force end strength to 321k ................. [145,000 ] 

Fund active Army end strength to 480k ....................... [1,123,500 ] 

Fund active Marine Corps end strengthto 185k ............ [300,000 ] 

Fund active Navy end strength ..................................... [65,300 ] 

Fund Army National Guard end strength to 350k ....... [303,700 ] 

Fund Army Reserves end strength to 205k ................... [166,650 ] 

Marine Corps—Bonus Pay/PCS Resotral/Foreign Language Bonus ................................................................ [75,600 ] 

Military Personnel Pay Raise ........................................ [330,000 ] 

Medicare-Eligible Retiree Health Fund Contributions ................... 49,900 


emcdonald on DSK3SPTVN1PROD with BILLS
1373 

HR 4909 PCS

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS. 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

Increase associated with additional end strength .......... [49,900 ] 

1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

WORKING CAPITAL FUND, ARMY 

INDUSTRIAL OPERATIONS 

SUPPLY MANAGEMENT—ARMY ............................................. 56,469 56,469 

TOTAL WORKING CAPITAL FUND, ARMY ......... 56,469 56,469 

WORKING CAPITAL FUND, AIR FORCE 

FUEL COSTS 

SUPPLIES AND MATERIALS .................................................... 63,967 63,967 

TOTAL WORKING CAPITAL FUND, AIR 

FORCE ............................................................................. 63,967 63,967 

WORKING CAPITAL FUND, DEFENSE-WIDE 

ENERGY MANAGEMENT—DEF 

SUPPLY CHAIN MANAGEMENT—DEF .................................. 37,132 37,132 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................. 37,132 37,132 

WORKING CAPITAL FUND, DECA 

WORKING CAPITAL FUND, DECA .......................................... 1,214,045 1,214,045 

TOTAL WORKING CAPITAL FUND, DECA ......... 1,214,045 1,214,045 

NATIONAL DEFENSE SEALIFT FUND 

POST DELIVERY AND OUTFITTING 

NATIONAL DEF SEALIFT VESSEL ........................................ 85,000 

National Security Multi-Mission Vehicle ........................ [85,000 ] 

TOTAL NATIONAL DEFENSE SEALIFT FUND 85,000 

NATIONAL SEA-BASED DETERRENCE FUND 

DEVELOPMENT .......................................................................... 773,138 

Realignment of funds to the National Sea-Based Deterrence Fund .............................................................. [773,138 ] 

TOTAL NATIONAL SEA-BASED DETERRENCE 

FUND ................................................................................ 773,138 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE ................................................ 147,282 147,282 

RDT&E ........................................................................................... 388,609 388,609 

PROCUREMENT .......................................................................... 15,132 15,132 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ................................................................... 551,023 551,023 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ...................................................................... 730,087 760,087 

SOUTHCOM Operational Support ................................ [30,000 ] 


emcdonald on DSK3SPTVN1PROD with BILLS
1374 

HR 4909 PCS

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

DRUG DEMAND REDUCTION PROGRAM .............................. 114,713 114,713 

TOTAL DRUG INTERDICTION & CTR-DRUG 

ACTIVITIES, DEF ........................................................ 844,800 874,800 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION AND MAINTENANCE .......................................... 318,882 318,882 

RDT&E ........................................................................................... 3,153 3,153 

TOTAL OFFICE OF THE INSPECTOR GENERAL ................................................................................. 322,035 322,035 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

IN-HOUSE CARE ......................................................................... 9,240,160 9,240,160 

PRIVATE SECTOR CARE ........................................................... 15,738,759 15,738,759 

CONSOLIDATED HEALTH SUPPORT ..................................... 2,367,759 2,367,759 

INFORMATION MANAGEMENT ............................................... 1,743,749 1,743,749 

MANAGEMENT ACTIVITIES ..................................................... 311,380 311,380 

EDUCATION AND TRAINING ................................................... 743,231 743,231 

BASE OPERATIONS/COMMUNICATIONS ............................... 2,086,352 2,086,352 

SUBTOTAL OPERATION & MAINTENANCE ...... 32,231,390 32,231,390 

RDT&E 

RESEARCH ................................................................................... 9,097 9,097 

EXPLORATRY DEVELOPMENT ............................................... 58,517 58,517 

ADVANCED DEVELOPMENT .................................................... 221,226 221,226 

DEMONSTRATION/VALIDATION ............................................. 96,602 96,602 

ENGINEERING DEVELOPMENT ............................................. 364,057 364,057 

MANAGEMENT AND SUPPORT ............................................... 58,410 58,410 

CAPABILITIES ENHANCEMENT ............................................. 14,998 14,998 

SUBTOTAL RDT&E ....................................................... 822,907 822,907 

PROCUREMENT 

INITIAL OUTFITTING ............................................................... 20,611 20,611 

REPLACEMENT & MODERNIZATION ..................................... 360,727 360,727 

JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM ............................................................................................ 2,413 2,413 

DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ............................................................................ 29,468 29,468 

SUBTOTAL PROCUREMENT .................................... 413,219 413,219 

UNDISTRIBUTED ....................................................................... –419,500 

Foreign Currency adjustments ...................................... [–20,400 ] 

Historical unobligated balances ..................................... [–399,100 ] 

SUBTOTAL UNDISTRIBUTED .................................. –419,500 

TOTAL DEFENSE HEALTH PROGRAM ................ 33,467,516 33,048,016 

TOTAL OTHER AUTHORIZATIONS ....................... 36,556,987 37,025,625 

1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

WORKING CAPITAL FUND, ARMY 

INDUSTRIAL OPERATIONS 

SUPPLY MANAGEMENT—ARMY ................................................. 46,833 46,833 


emcdonald on DSK3SPTVN1PROD with BILLS
1375 

HR 4909 PCS

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

UNDISTRIBUTED ........................................................................... –18,452 

Reduction to sustain minimal readiness levels ................... [–18,452 ] 

TOTAL WORKING CAPITAL FUND, ARMY ............. 46,833 28,381 

WORKING CAPITAL FUND, DEFENSE-WIDE 

SUPPLY CHAIN MANAGEMENT—DEF 

DEFENSE LOGISTICS AGENCY (DLA) ....................................... 93,800 93,800 

UNDISTRIBUTED ........................................................................... –36,956 

Prorated OCO allocation in support of base readiness requirements ....................................................................... [–36,956 ] 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ..................................................................................... 93,800 56,844 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ...................................................................................... 191,533 191,533 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .................................................................. 191,533 191,533 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION AND MAINTENANCE .............................................. 22,062 22,062 

TOTAL OFFICE OF THE INSPECTOR GENERAL 22,062 22,062 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

IN-HOUSE CARE ............................................................................. 95,366 95,366 

PRIVATE SECTOR CARE ............................................................... 233,073 233,073 

CONSOLIDATED HEALTH SUPPORT ......................................... 3,325 3,325 

SUBTOTAL OPERATION & MAINTENANCE .......... 331,764 331,764 

UNDISTRIBUTED 

UNDISTRIBUTED ........................................................................... –130,711 

Prorated OCO allocation in support of base readiness requirements ....................................................................... [–130,711 ] 

SUBTOTAL UNDISTRIBUTED ...................................... –130,711 

TOTAL DEFENSE HEALTH PROGRAM .................... 331,764 201,053 

UKRAINE SECURITY ASSISTANCE 

UKRAINE SECURITY ASSISTANCE ............................................ 150,000 

Program increase ............................................................... [150,000 ] 

TOTAL UKRAINE SECURITY ASSISTANCE ........... 150,000 

COUNTERTERRORISM PARTNERSHIPS FUND 

COUNTERTERRORISM PARTNERSHIPS FUND ....................... 1,000,000 750,000 

Program decrease ............................................................... [–250,000 ] 

TOTAL COUNTERTERRORISM PARTNERSHIPS 

FUND .................................................................................... 1,000,000 750,000 

TOTAL OTHER AUTHORIZATIONS ........................... 1,685,992 1,399,873 


emcdonald on DSK3SPTVN1PROD with BILLS
1376 

HR 4909 PCS

1 SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS FOR BASE REQUIRE3 MENTS. 

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ...................................................................................... 23,800 23,800 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .................................................................. 23,800 23,800 

TOTAL OTHER AUTHORIZATIONS ........................... 23,800 23,800 

4 TITLE XLVI—MILITARY 

5 CONSTRUCTION 

6 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House 

Agreement 

Alaska 

Army Fort Wainwright Unmanned Aerial Vehicle Hangar ........................... 47,000 47,000 

California 

Army Concord Access Control Point ............................................... 12,600 12,600 

Colorado 

Army Fort Carson Automated Infantry Platoon Battle Course ............ 8,100 8,100 

Army Fort Carson Unmanned Aerial Vehicle Hangar ........................... 5,000 5,000 

Georgia 

Army Fort Gordon Access Control Point ............................................... 0 29,000 

Army Fort Gordon Company Operations Facility .................................. 0 10,600 

Army Fort Gordon CYBER Protection Team Ops Facility ................... 90,000 90,000 

Army Fort Stewart Automated Qualification/Training Range ................ 14,800 14,800 

Germany 

Army East Camp 

Grafenwoehr 

Training Support Center ......................................... 22,000 22,000 

Army Garmisch Dining Facility ......................................................... 9,600 9,600 

Army Wiesbaden Army Airfield Controlled Humidity Warehouse ............................. 16,500 16,500 

Army Wiesbaden Army Airfield Hazardous Material Storage Building ..................... 2,700 2,700 

Guantanamo Bay, Cuba 

Army Guantanamo Bay Guantanamo Bay Naval Station Migration Complex.33,000 33,000 

Hawaii 

Army Fort Shafter Command and Control Facility, Incr 2 ................... 40,000 40,000 

Missouri 

Army Fort Leonard Wood Fire Station ............................................................. 0 6,900 

Texas 

Army Fort Hood Automated Infantry Platoon Battle Course ............ 7,600 7,600 

Utah 

Army Camp Williams Live Fire Exercise Shoothouse ................................ 7,400 7,400 

Virginia 

Army Fort Belvoir Secure Admin/Operations Facility, Incr 2 .............. 64,000 64,000 

Army Fort Belvoir Vehicle Maintenance Shop ....................................... 0 23,000 

Worldwide Unspecified 

Army Unspecified Worldwide 

Locations 

Host Nation Support FY17 ..................................... 18,000 18,000 

Army Unspecified Worldwide 

Locations 

Minor Construction FY17 ....................................... 25,000 25,000 

Army Unspecified Worldwide 

Locations 

Planning and Design FY17 ..................................... 80,159 80,159 


emcdonald on DSK3SPTVN1PROD with BILLS
1377 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

Military Construction, Army Total ............................................................................... 503,459 572,959 

Arizona 

Navy Yuma VMX–22 Maintenance Hangar ................................ 48,355 48,355 

California 

Navy Coronado Coastal Campus Entry Control Point ..................... 13,044 13,044 

Navy Coronado Coastal Campus Utilities Infrastructure ................. 81,104 81,104 

Navy Coronado Grace Hopper Data Center Power Upgrades .......... 10,353 10,353 

Navy Lemoore F–35C Engine Repair Facility ................................ 26,723 26,723 

Navy Miramar Aircraft Maintenance Hangar, Incr 1 ..................... 0 79,399 

Navy Miramar Communications Complex & Infrastructure Upgrade.0 34,700 

Navy Miramar F–35 Aircraft Parking Apron ................................. 0 40,000 

Navy San Diego Energy Security Hospital Microgrid ....................... 6,183 0 

Navy Seal Beach Missile Magazines .................................................... 21,007 21,007 

Florida 

Navy Eglin AFB WMD Field Training Facilities ............................... 20,489 20,489 

Navy Mayport Advanced Wastewater Treatment Plant .................. 0 66,000 

Navy Pensacola A-School Dormitory ................................................. 0 53,000 

Guam 

Navy Joint Region Marianas Hardening of Guam POL Infrastructure ................ 26,975 26,975 

Navy Joint Region Marianas Power Upgrade—Harmon ....................................... 62,210 62,210 

Hawaii 

Navy Barking Sands Upgrade Power Plant & Electrical Distrib Sys ....... 43,384 43,384 

Navy Kaneohe Bay Regimental Consolidated Comm/Elec Facility ......... 72,565 72,565 

Japan 

Navy Kadena AB Aircraft Maintenance Complex ................................ 26,489 26,489 

Navy Sasebo Shore Power (Juliet Pier) ....................................... 16,420 16,420 

Maine 

Navy Kittery Unaccompanied Housing ......................................... 17,773 17,773 

Navy Kittery Utility Improvements for Nuclear Platforms .......... 30,119 30,119 

Maryland 

Navy Patuxent River UCLASS RDT&E Hangar ...................................... 40,576 40,576 

Nevada 

Navy Fallon Air Wing Simulator Facility .................................... 13,523 13,523 

North Carolina 

Navy Camp Lejeune Range Facilities Safety Improvements .................... 18,482 18,482 

Navy Cherry Point Central Heating Plant Conversion .......................... 12,515 12,515 

South Carolina 

Navy Beaufort Aircraft Maintenance Hangar ................................. 83,490 83,490 

Navy Parris Island Recruit Reconditioning Center & Barracks ............. 29,882 29,882 

Spain 

Navy Rota Communication Station ........................................... 23,607 23,607 

Virginia 

Navy Norfolk Chambers Field Magazine Recap PH I ................... 0 27,000 

Washington 

Navy Bangor SEAWOLF Class Service Pier ................................ 0 73,000 

Navy Bangor Service Pier Electrical Upgrades ............................. 18,939 18,939 

Navy Bangor Submarine Refit Maint Support Facility ................ 21,476 21,476 

Navy Bremerton Nuclear Repair Facility ........................................... 6,704 6,704 

Navy Whidbey Island EA–18G Maintenance Hangar ................................ 45,501 45,501 

Navy Whidbey Island Triton Mission Control Facility ............................... 30,475 30,475 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

Planning and Design ............................................... 88,230 88,230 

Navy Unspecified Worldwide 

Locations 

Unspecified Minor Construction .............................. 29,790 29,790 

Navy Various Worldwide Locations Triton Forward Operating Base Hangar ................ 41,380 41,380 

Military Construction, Navy Total ................................................................................ 1,027,763 1,394,679 

Alaska 

AF Clear AFS Fire Station ............................................................. 20,000 20,000 

AF Eielson AFB F–35A ADAL Field Training Detachment Fac ...... 22,100 22,100 

AF Eielson AFB F–35A Aircraft Weather Shelter (Sqd 2) ............... 82,300 0 

AF Eielson AFB F–35A Aircraft Weather Shelters (Sqd 1) .............. 79,500 79,500 

AF Eielson AFB F–35A Earth Covered Magazines ........................... 11,300 11,300 

AF Eielson AFB F–35A Hangar/Propulsion MX/Dispatch ................ 44,900 44,900 

AF Eielson AFB F–35A Hangar/Squad Ops/AMU Sq #2 ................ 42,700 42,700 

AF Eielson AFB F–35A Missile Maintenance Facility ....................... 12,800 12,800 

AF Joint Base ElmendorfRichardson Add/Alter AWACS Alert Hangar ............................ 29,000 29,000 

Arizona 

AF Luke AFB F–35A Squad Ops/Aircraft Maint Unit #5 ............ 20,000 20,000 

Australia 

AF Darwin APR—Aircraft MX Support Facility ...................... 1,800 1,800 


emcdonald on DSK3SPTVN1PROD with BILLS
1378 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

AF Darwin APR—Expand Parking Apron ................................ 28,600 28,600 

California 

AF Edwards AFB Flightline Fire Station ............................................. 24,000 24,000 

Colorado 

AF Buckley AFB Small Arms Range Complex .................................... 13,500 13,500 

Delaware 

AF Dover AFB Aircraft Maintenance Hangar ................................. 39,000 39,000 

Florida 

AF Eglin AFB Advanced Munitions Technology Complex .............. 75,000 75,000 

AF Eglin AFB Flightline Fire Station ............................................. 13,600 13,600 

AF Patrick AFB Fire/Crash Rescue Station ....................................... 13,500 13,500 

Georgia 

AF Moody AFB Personnel Recovery 4-Bay Hangar/Helo Mx Unit .. 30,900 30,900 

Germany 

AF Ramstein AB 37 AS Squadron Operations/Aircraft Maint Unit ... 13,437 13,437 

AF Spangdahlem AB EIC—Site Development and Infrastructure ........... 43,465 43,465 

Guam 

AF Joint Region Marianas APR—Munitions Storage Igloos, Ph 2 ................... 35,300 35,300 

AF Joint Region Marianas APR—SATCOM C4I Facility ................................. 14,200 14,200 

AF Joint Region Marianas Block 40 Maintenance Hangar ................................ 31,158 31,158 

Japan 

AF Kadena AB APR—Replace Munitions Structures ...................... 19,815 19,815 

AF Yokota AB C–130J Corrosion Control Hangar ......................... 23,777 23,777 

AF Yokota AB Construct Combat Arms Training & Maint Fac ..... 8,243 8,243 

Kansas 

AF McConnell AFB Air Traffic Control Tower ....................................... 11,200 11,200 

AF McConnell AFB KC–46A ADAL Taxiway Delta ............................... 5,600 5,600 

AF McConnell AFB KC–46A Alter Flight Simulator Bldgs ................... 3,000 3,000 

Louisiana 

AF Barksdale AFB Consolidated Communication Facility ..................... 21,000 21,000 

Mariana Islands 

AF Unspecified Location APR—Land Acquisition .......................................... 9,000 9,000 

Maryland 

AF Joint Base Andrews 21 Points Enclosed Firing Range ........................... 13,000 13,000 

AF Joint Base Andrews Consolidated Communications Center ..................... 0 50,000 

AF Joint Base Andrews PAR Relocate JADOC Satellite Site ....................... 3,500 3,500 

Massachusetts 

AF Hanscom AFB Construct Vandenberg Gate Complex ...................... 0 10,965 

AF Hanscom AFB System Management Engineering Facility .............. 20,000 20,000 

Montana 

AF Malmstrom AFB Missile Maintenance Facility ................................... 14,600 14,600 

Nevada 

AF Nellis AFB F–35A POL Fill Stand Addition ............................ 10,600 10,600 

New Mexico 

AF Cannon AFB North Fitness Center ............................................... 21,000 21,000 

AF Holloman AFB Hazardous Cargo Pad and Taxiway ........................ 10,600 10,600 

AF Kirtland AFB Combat Rescue Helicopter (CRH) Simulator ......... 7,300 7,300 

Ohio 

AF Wright-Patterson AFB Relocated Entry Control Facility 26A ..................... 12,600 12,600 

Oklahoma 

AF Altus AFB KC–46A FTU/FTC Simulator Facility Ph 2 .......... 11,600 11,600 

AF Tinker AFB E–3G Mission and Flight Simulator Training Facility.0 26,000 

AF Tinker AFB KC–46A Depot System Integration Laboratory ..... 17,000 17,000 

South Carolina 

AF Joint Base Charleston Fire & Rescue Station ............................................. 0 17,000 

Texas 

AF Joint Base San Antonio BMT Recruit Dormitory 6 ...................................... 67,300 67,300 

Turkey 

AF Incirlik AB Airfield Fire/Crash Rescue Station ......................... 13,449 13,449 

United Arab Emirates 

AF Al Dhafra Large Aircraft Maintenance Hangar ....................... 35,400 35,400 

United Kingdom 

AF RAF Croughton JIAC Consolidation—Ph 3 ...................................... 53,082 0 

AF RAF Croughton Main Gate Complex ................................................. 16,500 16,500 

Utah 

AF Hill AFB 649 MUNS Munitions Storage Magazines .............. 6,600 6,600 

AF Hill AFB 649 MUNS Precision Guided Missile MX Facility 8,700 8,700 

AF Hill AFB 649 MUNS Stamp/Maint & Inspection Facility ..... 12,000 12,000 

AF Hill AFB Composite Aircraft Antenna Calibration Fac .......... 7,100 7,100 

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

Virginia 

AF Joint Base LangleyEustis Air Force Targeting Center ..................................... 45,000 45,000 

AF Joint Base LangleyEustis Fuel System Maintenance Dock .............................. 14,200 14,200 

Washington 


emcdonald on DSK3SPTVN1PROD with BILLS
1379 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

AF Fairchild AFB Pipeline Dorm, USAF SERE School (150 RM) ..... 27,000 27,000 

Worldwide Unspecified 

AF Various Worldwide Locations Planning & Design ................................................... 143,582 163,582 

AF Various Worldwide Locations Unspecified Minor Military Construction ................ 30,000 63,082 

Wyoming 

AF F. E. Warren AFB Missile Transfer Facility Bldg 4331 ....................... 5,550 5,550 

Military Construction, Air Force Total ....................................................................... 1,481,058 1,502,723 

Alaska 

Def-Wide Clear AFS Long Range Discrim Radar Sys Complex Ph1, 

Incr 1.

155,000 100,000 

Def-Wide Fort Greely Missile Defense Complex Switchgear Facility ......... 9,560 9,560 

Def-Wide Joint Base ElmendorfRichardson Construct Truck Offload Facility ............................ 4,900 4,900 

Arizona 

Def-Wide Fort Huachuca JITC Building 52110 Renovation ........................... 4,493 4,493 

California 

Def-Wide Coronado SOF Human Performance Training Center ............ 15,578 15,578 

Def-Wide Coronado SOF Seal Team Ops Facility .................................. 47,290 47,290 

Def-Wide Coronado SOF Seal Team Ops Facility .................................. 47,290 47,290 

Def-Wide Coronado SOF Special RECON Team ONE Operations Fac 20,949 20,949 

Def-Wide Coronado SOF Training Detachment ONE Ops Facility ....... 44,305 44,305 

Def-Wide Travis AFB Replace Hydrant Fuel System ................................. 26,500 26,500 

Delaware 

Def-Wide Dover AFB Welch ES/Dover MS Replacement .......................... 44,115 44,115 

Diego Garcia 

Def-Wide Diego Garcia Improve Wharf Refueling Capability ....................... 30,000 30,000 

Florida 

Def-Wide Patrick AFB Replace Fuel Tanks ................................................. 10,100 10,100 

Georgia 

Def-Wide Fort Benning SOF Tactical Unmanned Aerial Vehicle Hangar .... 4,820 4,820 

Def-Wide Fort Gordon Medical Clinic Replacement ..................................... 25,000 25,000 

Germany 

Def-Wide Kaiserlautern AB Sembach Elementary/Middle School Replacement .. 45,221 45,221 

Def-Wide Rhine Ordnance Barracks Medical Center Replacement Incr 6 ........................ 58,063 58,063 

Japan 

Def-Wide Iwakuni Construct Truck Offload & Loading Facilities ........ 6,664 6,664 

Def-Wide Kadena AB Kadena Elementary School Replacement ................ 84,918 84,918 

Def-Wide Kadena AB Medical Materiel Warehouse .................................... 20,881 20,881 

Def-Wide Kadena AB SOF Maintenance Hangar ...................................... 42,823 42,823 

Def-Wide Kadena AB SOF Simulator Facility (MC–130) ......................... 12,602 12,602 

Def-Wide Yokota AB Airfield Apron .......................................................... 41,294 41,294 

Def-Wide Yokota AB Hangar/AMU ........................................................... 39,466 39,466 

Def-Wide Yokota AB Operations and Warehouse Facilities ...................... 26,710 26,710 

Def-Wide Yokota AB Simulator Facility .................................................... 6,261 6,261 

Kwajalein 

Def-Wide Kwajalein Atoll Replace Fuel Storage Tanks ................................... 85,500 85,500 

Maine 

Def-Wide Kittery Medical/Dental Clinic Replacement ......................... 27,100 27,100 

Maryland 

Def-Wide Bethesda Naval Hospital MEDCEN Addition/Alteration Incr 1 ..................... 50,000 50,000 

Def-Wide Fort Meade Access Control Facility ............................................ 21,000 21,000 

Def-Wide Fort Meade NSAW Campus Feeders Phase 3 ............................ 17,000 17,000 

Def-Wide Fort Meade NSAW Recapitalize Building #2 Incr 2 ................. 195,000 145,000 

Missouri 

Def-Wide St. Louis Land Acquisition-Next NGA West (N2W) Campus 801 0 

North Carolina 

Def-Wide Camp Lejeune Dental Clinic Replacement ...................................... 31,000 31,000 

Def-Wide Fort Bragg SOF Combat Medic Training Facility ..................... 10,905 10,905 

Def-Wide Fort Bragg SOF Parachute Rigging Facility ............................. 21,420 21,420 

Def-Wide Fort Bragg SOF Special Tactics Facility (PH3) ....................... 30,670 30,670 

Def-Wide Fort Bragg SOF Tactical Equipment Maintenance Facility ...... 23,598 23,598 

South Carolina 

Def-Wide Joint Base Charleston Construct Hydrant Fuel System ............................. 17,000 17,000 

Texas 

Def-Wide Red River Army Depot Construct Warehouse & Open Storage .................... 44,700 44,700 

Def-Wide Sheppard AFB Medical/Dental Clinic Replacement ......................... 91,910 91,910 

United Kingdom 

Def-Wide RAF Croughton Croughton Elem/Middle/High School Replacement 71,424 71,424 

Def-Wide RAF Lakenheath Construct Hydrant Fuel System ............................. 13,500 13,500 

Virginia 

Def-Wide Pentagon Pentagon Metro Entrance Facility .......................... 12,111 12,111 

Def-Wide Pentagon Upgrade IT Facilities Infrastructure—RRMC ....... 8,105 8,105 


emcdonald on DSK3SPTVN1PROD with BILLS
1380 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

Wake Island 

Def-Wide Wake Island Test Support Facility .............................................. 11,670 11,670 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide 

Locations 

Contingency Construction ........................................ 10,000 10,000 

Def-Wide Unspecified Worldwide 

Locations 

ECIP Design ........................................................... 10,000 0 

Def-Wide Unspecified Worldwide 

Locations 

Energy Conservation Investment Program ............. 150,000 150,000 

Def-Wide Unspecified Worldwide 

Locations 

Exercise Related Minor Construction ...................... 8,631 8,631 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design, Defense Wide ....................... 13,450 23,450 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design, DODEA ............................... 23,585 23,585 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design, NGA ..................................... 71,647 36,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design, NSA ..................................... 24,000 24,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design, WHS .................................... 3,427 3,427 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction, DHA ................... 8,500 8,500 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction, DODEA .............. 3,000 3,000 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction, Defense Wide ...... 3,000 3,000 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction, SOCOM .............. 5,994 5,994 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor MILCON, NSA ......................... 3,913 3,913 

Def-Wide Unspecified Worldwide 

Locations 

Worldwide Unspecified Minor Construction, MDA 2,414 2,414 

Def-Wide Various Worldwide Locations Planning & Design, DLA ........................................ 27,660 27,660 

Def-Wide Various Worldwide Locations Planning and Design, SOCOM ................................ 27,653 27,653 

Worldwide Unspecified 

Locations 

Def-Wide Unspecified Worldwide 

Locations 

Planning & Design, MDA ........................................ 0 15,000 

Military Construction, Defense-Wide Total ............................................................... 2,056,091 1,929,643 

Worldwide Unspecified 

NATO NATO Security Investment Program NATO Security Investment Program ...................... 177,932 177,932 

NATO Security Investment Program Total ............................................................... 177,932 177,932 

Colorado 

Army NG Fort Carson National Guard Readiness Center ........................... 0 16,500 

Hawaii 

Army NG Hilo Combined Support Maintenance Shop .................... 31,000 31,000 

Iowa 

Army NG Davenport National Guard Readiness Center ........................... 23,000 23,000 

Kansas 

Army NG Fort Leavenworth National Guard Readiness Center ........................... 29,000 29,000 

New Hampshire 

Army NG Hooksett National Guard Vehicle Maintenance Shop ............. 11,000 11,000 

Army NG Rochester National Guard Vehicle Maintenance Shop ............. 8,900 8,900 

Oklahoma 

Army NG Ardmore National Guard Readiness Center ........................... 22,000 22,000 

Pennsylvania 

Army NG Fort Indiantown Gap Access Control Buildings ......................................... 0 20,000 

Army NG York National Guard Readiness Center ........................... 9,300 9,300 

Rhode Island 

Army NG East Greenwich National Guard/Reserve Center Building (JFHQ) 20,000 20,000 

Utah 

Army NG Camp Williams National Guard Readiness Center ........................... 37,000 37,000 

Worldwide Unspecified 

Army NG Unspecified Worldwide 

Locations 

Planning and Design ............................................... 8,729 8,729 

Army NG Unspecified Worldwide 

Locations 

Unspecified Minor Construction .............................. 12,001 12,001 

Wyoming 

Army NG Camp Guernsey General Instruction Building ................................... 0 31,000 

Army NG Laramie National Guard Readiness Center ........................... 21,000 21,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1381 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

Military Construction, Army National Guard Total .............................................. 232,930 300,430 

Arizona 

Army Res Phoenix Army Reserve Center ............................................... 0 30,000 

California 

Army Res Camp Parks Transient Training Barracks .................................. 19,000 19,000 

Army Res Fort Hunter Liggett Emergency Services Center ..................................... 21,500 21,500 

Army Res Barstow Equipment Concentration Site ................................ 0 29,000 

Virginia 

Army Res Dublin Organizational Maintenance Shop/AMSA ............... 6,000 6,000 

Washington 

Army Res Joint Base Lewis– 

McChord 

Army Reserve Center ............................................... 0 27,500 

Wisconsin 

Army Res Fort McCoy AT/MOB Dining Facility ......................................... 11,400 11,400 

Worldwide Unspecified 

Army Res Unspecified Worldwide 

Locations 

Planning and Design ............................................... 7,500 7,500 

Army Res Unspecified Worldwide 

Locations 

Unspecified Minor Construction .............................. 2,830 2,830 

Military Construction, Army Reserve Total .............................................................. 68,230 154,730 

Louisiana 

N/MC Res New Orleans Joint Reserve Intelligence Center ............................ 11,207 11,207 

New York 

N/MC Res Brooklyn Electric Feeder Ductbank ....................................... 1,964 1,964 

N/MC Res Syracuse Marine Corps Reserve Center .................................. 13,229 13,229 

Texas 

N/MC Res Galveston Reserve Center Annex ............................................. 8,414 8,414 

Worldwide Unspecified 

N/MC Res Unspecified Worldwide 

Locations 

MCNR Planning & Design ...................................... 3,783 3,783 

Military Construction, Naval Reserve Total ............................................................. 38,597 38,597 

Connecticut 

Air NG Bradley IAP Construct Small Air Terminal ................................. 6,300 6,300 

Florida 

Air NG Jacksonville IAP Replace Fire Crash/Rescue Station ......................... 9,000 9,000 

Hawaii 

Air NG Joint Base Pearl Harbor-Hickam F–22 Composite Repair Facility ............................. 11,000 11,000 

Iowa 

Air NG Sioux Gateway Airport Construct Consolidated Support Functions ............ 12,600 12,600 

Maryland 

Air NG Joint Base Andrews Munitions Load Crew Trng/Corrosion Cnrtl Facility.0 5,000 

Minnesota 

Air NG Duluth IAP Load Crew Training/Weapon Shops ........................ 7,600 7,600 

New Hampshire 

Air NG Pease International 

Trade Port 

KC–46A Install Fuselage Trainer Bldg 251 ........... 1,500 1,500 

North Carolina 

Air NG Charlotte/Douglas IAP C–17 Corrosion Control/Fuel Cell Hangar .............. 29,600 29,600 

Air NG Charlotte/Douglas IAP C–17 Type III Hydrant Refueling System .............. 21,000 21,000 

Ohio 

Air NG Toledo Express Airport Indoor Small Arms Range ....................................... 0 6,000 

South Carolina 

Air NG McEntire ANGS Replace Operations and Training Facility .............. 8,400 8,400 

Texas 

Air NG Ellington Field Consolidate Crew Readiness Facility ....................... 4,500 4,500 

Vermont 

Air NG Burlington IAP F–35 Beddown 4-Bay Flight Simulator .................. 4,500 4,500 

Worldwide Unspecified 

Air NG Unspecified Worldwide 

Locations 

Unspecified Minor Construction .............................. 17,495 29,495 

Air NG Various Worldwide Locations Planning and Design ............................................... 10,462 10,462 

Military Construction, Air National Guard Total ................................................... 143,957 166,957 

Guam 

AF Res Andersen AFB Reserve Medical Training Facility ........................... 0 5,200 

Massachusetts 

AF Res Westover ARB Indoor Small Arms Range ....................................... 0 9,200 

North Carolina 


emcdonald on DSK3SPTVN1PROD with BILLS
1382 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

AF Res Seymour Johnson AFB KC–46A ADAL Bldg for AGE/Fuselage Training 5,700 5,700 

AF Res Seymour Johnson AFB KC–46A ADAL Squadron Operations Facilities .... 2,250 2,250 

AF Res Seymour Johnson AFB KC–46A Two-Bay Corrosion/Fuel Cell Hangar ...... 90,000 90,000 

Pennsylvania 

AF Res Pittsburgh IAP C–17 ADAL Fuel Hydrant System ......................... 22,800 22,800 

AF Res Pittsburgh IAP C–17 Const/OverlayTaxiway and Apron ................. 8,200 8,200 

AF Res Pittsburgh IAP C–17 Construct Two-Bay Corrosion/Fuel Hangar .. 54,000 54,000 

Utah 

AF Res Hill AFB ADAL Life Support Facility ................................... 0 3,050 

Worldwide Unspecified 

AF Res Unspecified Worldwide 

Locations 

Planning & Design ................................................... 4,500 4,500 

AF Res Unspecified Worldwide 

Locations 

Unspecified Minor Construction .............................. 1,500 1,500 

Military Construction, Air Force Reserve Total ..................................................... 188,950 206,400 

Korea 

FH Con Army Camp Humphreys Family Housing New Construction, Incr 1 ............. 143,563 100,000 

FH Con Army Camp Walker Family Housing New Construction ......................... 54,554 54,554 

Worldwide Unspecified 

FH Con Army Unspecified Worldwide 

Locations 

Planning & Design ................................................... 2,618 2,618 

Family Housing Construction, Army Total ............................................................... 200,735 157,172 

Worldwide Unspecified 

FH Ops Army Unspecified Worldwide 

Locations 

Furnishings .............................................................. 10,178 10,178 

FH Ops Army Unspecified Worldwide 

Locations 

Housing Privitization Support ................................. 19,146 19,146 

FH Ops Army Unspecified Worldwide 

Locations 

Leasing .................................................................... 131,761 131,761 

FH Ops Army Unspecified Worldwide 

Locations 

Maintenance ............................................................. 60,745 60,745 

FH Ops Army Unspecified Worldwide 

Locations 

Management ............................................................ 40,344 40,344 

FH Ops Army Unspecified Worldwide 

Locations 

Miscellaneous ........................................................... 400 400 

FH Ops Army Unspecified Worldwide 

Locations 

Services .................................................................... 7,993 7,993 

FH Ops Army Unspecified Worldwide 

Locations 

Utilities .................................................................... 55,428 55,428 

Family Housing Operation And Maintenance, Army Total ................................. 325,995 325,995 

Mariana Islands 

FH Con Navy Guam Replace Andersen Housing PH I ............................ 78,815 78,815 

Worldwide Unspecified 

FH Con Navy Unspecified Worldwide 

Locations 

Construction Improvements ..................................... 11,047 11,047 

FH Con Navy Unspecified Worldwide 

Locations 

Planning & Design ................................................... 4,149 4,149 

Family Housing Construction, Navy And Marine Corps Total .......................... 94,011 94,011 

Worldwide Unspecified 

FH Ops Navy Unspecified Worldwide 

Locations 

Furnishings .............................................................. 17,457 17,457 

FH Ops Navy Unspecified Worldwide 

Locations 

Housing Privatization Support ................................ 26,320 26,320 

FH Ops Navy Unspecified Worldwide 

Locations 

Leasing .................................................................... 54,689 54,689 

FH Ops Navy Unspecified Worldwide 

Locations 

Maintenance ............................................................. 81,254 81,254 

FH Ops Navy Unspecified Worldwide 

Locations 

Management ............................................................ 51,291 51,291 

FH Ops Navy Unspecified Worldwide 

Locations 

Miscellaneous ........................................................... 364 364 

FH Ops Navy Unspecified Worldwide 

Locations 

Services .................................................................... 12,855 12,855 

FH Ops Navy Unspecified Worldwide 

Locations 

Utilities .................................................................... 56,685 56,685 

Family Housing Operation And Maintenance, Navy And Marine Corps 

Total.

300,915 300,915 

Worldwide Unspecified 


emcdonald on DSK3SPTVN1PROD with BILLS
1383 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

FH Con AF Unspecified Worldwide 

Locations 

Construction Improvements ..................................... 56,984 56,984 

FH Con AF Unspecified Worldwide 

Locations 

Planning & Design ................................................... 4,368 4,368 

Family Housing Construction, Air Force Total ....................................................... 61,352 61,352 

Worldwide Unspecified 

FH Ops AF Unspecified Worldwide 

Locations 

Furnishings .............................................................. 31,690 31,690 

FH Ops AF Unspecified Worldwide 

Locations 

Housing Privatization Support ................................ 41,809 41,809 

FH Ops AF Unspecified Worldwide 

Locations 

Leasing .................................................................... 20,530 20,530 

FH Ops AF Unspecified Worldwide 

Locations 

Maintenance ............................................................. 85,469 85,469 

FH Ops AF Unspecified Worldwide 

Locations 

Management ............................................................ 42,919 42,919 

FH Ops AF Unspecified Worldwide 

Locations 

Miscellaneous ........................................................... 1,745 1,745 

FH Ops AF Unspecified Worldwide 

Locations 

Services .................................................................... 13,026 13,026 

FH Ops AF Unspecified Worldwide 

Locations 

Utilities .................................................................... 37,241 37,241 

Family Housing Operation And Maintenance, Air Force Total ........................ 274,429 274,429 

Worldwide Unspecified 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings .............................................................. 399 399 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings .............................................................. 20 20 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings .............................................................. 500 500 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing .................................................................... 11,044 11,044 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing .................................................................... 40,984 40,984 

FH Ops DW Unspecified Worldwide 

Locations 

Maintenance ............................................................. 800 800 

FH Ops DW Unspecified Worldwide 

Locations 

Maintenance ............................................................. 349 349 

FH Ops DW Unspecified Worldwide 

Locations 

Management ............................................................ 388 388 

FH Ops DW Unspecified Worldwide 

Locations 

Services .................................................................... 32 32 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities .................................................................... 174 174 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities .................................................................... 367 367 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities .................................................................... 4,100 4,100 

Family Housing Operation And Maintenance, Defense-Wide Total ................ 59,157 59,157 

Worldwide Unspecified 

FHIF Unspecified Worldwide 

Locations 

Program Expenses ................................................... 3,258 3,258 

DoD Family Housing Improvement Fund Total ...................................................... 3,258 3,258 

Worldwide Unspecified 

BRAC Base Realignment & 

Closure, Army 

Base Realignment and Closure ................................ 14,499 24,499 

Base Realignment and Closure—Army Total ........................................................... 14,499 24,499 

Worldwide Unspecified 

BRAC Base Realignment & 

Closure, Navy 

Base Realignment & Closure ................................... 110,606 125,606 

BRAC Unspecified Worldwide 

Locations 

DON–100: Planning, Design and Management ...... 4,604 4,604 

BRAC Unspecified Worldwide 

Locations 

DON–101: Various Locations ................................. 10,461 10,461 

BRAC Unspecified Worldwide 

Locations 

DON–138: NAS Brunswick, ME ............................ 557 557 

BRAC Unspecified Worldwide 

Locations 

DON–157: MCSA Kansas City, MO ....................... 100 100 


emcdonald on DSK3SPTVN1PROD with BILLS
1384 

HR 4909 PCS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

BRAC Unspecified Worldwide 

Locations 

DON–172: NWS Seal Beach, Concord, CA ............ 4,648 4,648 

BRAC Unspecified Worldwide 

Locations 

DON–84: JRB Willow Grove & Cambria Reg AP .. 3,397 3,397 

Base Realignment and Closure—Navy Total ............................................................ 134,373 149,373 

Worldwide Unspecified 

BRAC Unspecified Worldwide 

Locations 

DoD BRAC Activities—Air Force .......................... 56,365 56,365 

Base Realignment and Closure—Air Force Total ................................................... 56,365 56,365 

Worldwide Unspecified 

PYS Worldwide Air Force ................................................................. 0 –29,300 

PYS Worldwide Army ........................................................................ 0 –25,000 

PYS Worldwide Defense-Wide ........................................................... 0 –60,577 

PYS Worldwide Navy ......................................................................... 0 –87,699 

PYS Worldwide HAP ......................................................................... 0 –25,000 

PYS Worldwide NSIP ........................................................................ 0 –30,000 

Prior Year Savings Total .................................................................................................. 0 –257,576 

Total, Military Construction ........................................................................................... 7,444,056 7,694,000 

1 SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House 

Agreement 

Worldwide Unspecified 

Army Unspecified Worldwide 

Locations 

ERI: Planning and Design .......................................... 18,900 18,900 

Military Construction, Army Total ..................................................................................... 18,900 18,900 

Iceland 

Navy Keflavik ERI: P–8A Aircraft Rinse Rack .................................. 5,000 5,000 

Navy Keflavik ERI: P–8A Hangar Upgrade ...................................... 14,600 14,600 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

ERI: Planning and Design .......................................... 1,800 1,800 

Military Construction, Navy Total ...................................................................................... 21,400 21,400 

Bulgaria 

AF Graf Ignatievo ERI: Construct Sq Ops/Operational Alert Fac ........... 3,800 3,800 

AF Graf Ignatievo ERI: Fighter Ramp Extension .................................... 7,000 7,000 

AF Graf Ignatievo ERI: Upgrade Munitions Storage Area ....................... 2,600 2,600 

Djibouti 

AF Chabelley Airfield OCO: Construct Chabelley Access Road ...................... 3,600 3,600 

AF Chabelley Airfield OCO: Construct Parking Apron and Taxiway ............. 6,900 6,900 

Estonia 

AF Amari AB ERI: Construct Bulk Fuel Storage ............................. 6,500 6,500 

Germany 

AF Spangdahlem AB ERI: Construct High Cap Trim Pad & Hush House .. 1,000 1,000 

AF Spangdahlem AB ERI: F/A–22 Low Observable/Comp Repair Fac ........ 12,000 12,000 

AF Spangdahlem AB ERI: F/A–22 Upgrade Infrastructure/Comm/Util ...... 1,600 1,600 

AF Spangdahlem AB ERI: Upgrade Hardened Aircraft Shelters ................. 2,700 2,700 

AF Spangdahlem AB ERI: Upgrade Munitions Storage Doors ..................... 1,400 1,400 

Lithuania 

AF Siauliai ERI: Munitions Storage .............................................. 3,000 3,000 

Poland 

AF Lask AB ERI: Construct Squadron Operations Facility ............ 4,100 4,100 

AF Powidz AB ERI: Construct Squadron Operations Facility ............ 4,100 4,100 

Romania 

AF Campia Turzii ERI: Construct Munitions Storage Area ..................... 3,000 3,000 

AF Campia Turzii ERI: Construct Squadron Operations Facility ............ 3,400 3,400 

AF Campia Turzii ERI: Construct Two-Bay Hangar ............................... 6,100 6,100 

AF Campia Turzii ERI: Extend Parking Aprons ...................................... 6,000 6,000 

Worldwide Unspecified 


emcdonald on DSK3SPTVN1PROD with BILLS
1385 

HR 4909 PCS

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

AF Unspecified Worldwide 

Locations 

CTP: Planning and Design .......................................... 9,000 8,551 

AF Unspecified Worldwide 

Locations 

OCO: Planning and Design ......................................... 940 940 

Military Construction, Air Force Total ............................................................................. 88,740 88,291 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide 

Locations 

ERI: Unspecified Minor Construction ......................... 5,000 5,000 

Military Construction, Defense-Wide Total ..................................................................... 5,000 5,000 

Total, Military Construction ................................................................................................. 134,040 133,591 

1 SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CON2 TINGENCY OPERATIONS FOR BASE REQUIRE3 MENTS. 

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House 

Agreement 

Djibouti 

Navy Camp Lemonier OCO: Medical/Dental Facility ..................................... 37,409 37,409 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

Planning and Design ................................................... 1,000 1,000 

Military Construction, Navy Total ...................................................................................... 38,409 38,409 

Total, Military Construction ................................................................................................. 38,409 38,409 

4 TITLE XLVII—DEPARTMENT OF 

5 ENERGY NATIONAL SECURITY 

6 PROGRAMS 

7 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

8 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear Energy ................................................................................... 151,876 136,616 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities ....................................................................... 9,243,147 9,559,147 

Defense nuclear nonproliferation ................................................ 1,807,916 1,901,916 

Naval reactors ............................................................................. 1,420,120 1,420,120 

Federal salaries and expenses ..................................................... 412,817 372,817 

Total, National nuclear security administration ........................... 12,884,000 13,254,000 


emcdonald on DSK3SPTVN1PROD with BILLS
1386 

HR 4909 PCS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

Environmental and other defense activities: 

Defense environmental cleanup ................................................... 5,382,050 5,289,950 

Other defense activities ............................................................... 791,552 800,552 

Total, Environmental & other defense activities ........................... 6,173,602 6,090,502 

Total, Atomic Energy Defense Activities ........................................... 19,057,602 19,344,502 

Total, Discretionary Funding ................................................................ 19,209,478 19,481,118 

Nuclear Energy 

Idaho sitewide safeguards and security ............................................................. 129,303 129,303 

Idaho operations and maintenance .................................................................... 7,313 7,313 

Consent Based Siting ......................................................................................... 15,260 0 

Denial of funds for defense-only repository ............................................... [–15,260] 

Total, Nuclear Energy ............................................................................... 151,876 136,616 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program ............................................................... 616,079 616,079 

W76 Life extension program .............................................................. 222,880 222,880 

W88 Alt 370 ....................................................................................... 281,129 281,129 

W80–4 Life extension program .......................................................... 220,253 241,253 

Mitigation of schedule risk .......................................................... [21,000] 

Total, Life extension programs ............................................................. 1,340,341 1,361,341 

Stockpile systems 

B61 Stockpile systems ........................................................................ 57,313 57,313 

W76 Stockpile systems ....................................................................... 38,604 38,604 

W78 Stockpile systems ....................................................................... 56,413 56,413 

W80 Stockpile systems ....................................................................... 64,631 64,631 

B83 Stockpile systems ........................................................................ 41,659 41,659 

W87 Stockpile systems ....................................................................... 81,982 81,982 

W88 Stockpile systems ....................................................................... 103,074 103,074 

Total, Stockpile systems ........................................................................... 443,676 443,676 

Weapons dismantlement and disposition 

Operations and maintenance .............................................................. 68,984 54,984 

Denial of dismantlement acceleration ......................................... [–14,000] 

Stockpile services 

Production support ............................................................................. 457,043 457,043 

Research and development support .................................................... 34,187 34,187 

R&D certification and safety .............................................................. 156,481 202,481 

Stockpile Responsiveness Program and technology maturation 

efforts ...................................................................................... [46,000] 

Management, technology, and production .......................................... 251,978 251,978 

Total, Stockpile services .......................................................................... 899,689 945,689 

Nuclear material commodities 

Uranium sustainment ......................................................................... 20,988 20,988 

Plutonium sustainment ....................................................................... 184,970 190,970 

Mitigation of schedule risk for meeting statutory pit production 

requirements ............................................................................ [6,000] 

Tritium sustainment ........................................................................... 109,787 109,787 

Domestic uranium enrichment ............................................................ 50,000 50,000 

Strategic materials sustainment ......................................................... 212,092 212,092 

Total, Nuclear material commodities ................................................. 577,837 583,837 

Total, Directed stockpile work .............................................................. 3,330,527 3,389,527 

Research, development, test and evaluation (RDT&E) 

Science 

Advanced certification ......................................................................... 58,000 58,000 

Primary assessment technologies ........................................................ 99,000 111,000 

Support to Prototype Nuclear Weapons for Intelligence Estimates program ........................................................................ [12,000] 

Dynamic materials properties ............................................................. 106,000 106,000 

Advanced radiography ........................................................................ 50,500 50,500 

Secondary assessment technologies .................................................... 76,000 76,000 

Academic alliances and partnerships .................................................. 52,484 52,484 

Total, Science ............................................................................................... 441,984 453,984 


emcdonald on DSK3SPTVN1PROD with BILLS
1387 

HR 4909 PCS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

Engineering 

Enhanced surety ................................................................................. 37,196 53,196 

Stockpile Responsiveness Program and technology maturation 

efforts ...................................................................................... [16,000] 

Weapon systems engineering assessment technology ......................... 16,958 16,958 

Nuclear survivability ........................................................................... 43,105 47,105 

Improve planning and coordination on strategic radiation-hardened microsystems ................................................................... [4,000] 

Enhanced surveillance ......................................................................... 42,228 42,228 

Total, Engineering ...................................................................................... 139,487 159,487 

Inertial confinement fusion ignition and high yield 

Ignition ............................................................................................... 75,432 70,432 

Program decrease ........................................................................ [–5,000] 

Support of other stockpile programs .................................................. 23,363 23,363 

Diagnostics, cryogenics and experimental support ............................. 68,696 68,696 

Pulsed power inertial confinement fusion ........................................... 5,616 5,616 

Joint program in high energy density laboratory plasmas ................. 9,492 9,492 

Facility operations and target production .......................................... 340,360 336,360 

Program decrease ........................................................................ [–4,000] 

Total, Inertial confinement fusion and high yield ......................... 522,959 513,959 

Advanced simulation and computing .......................................................... 663,184 656,184 

Program decrease ............................................................................... [–7,000] 

Advanced manufacturing 

Additive manufacturing ...................................................................... 12,000 12,000 

Component manufacturing development ............................................. 46,583 77,583 

Stockpile Responsiveness Program and technology maturation 

efforts ...................................................................................... [31,000] 

Processing technology development .................................................... 28,522 28,522 

Total, Advanced manufacturing ........................................................... 87,105 118,105 

Total, RDT&E ............................................................................................... 1,854,719 1,901,719 

Infrastructure and operations (formerly RTBF) 

Operating 

Operations of facilities 

Kansas City Plant ....................................................................... 101,000 101,000 

Lawrence Livermore National Laboratory ................................. 70,500 70,500 

Los Alamos National Laboratory ............................................... 196,500 196,500 

Nevada Test Site ......................................................................... 92,500 92,500 

Pantex ......................................................................................... 55,000 55,000 

Sandia National Laboratory ....................................................... 118,000 118,000 

Savannah River Site .................................................................... 83,500 83,500 

Y–12 National security complex ................................................. 107,000 107,000 

Total, Operations of facilities ................................................................ 824,000 824,000 

Safety and environmental operations ......................................................... 110,000 110,000 

Maintenance and repair of facilities ........................................................... 294,000 324,000 

Address high-priority preventative maintenance ................................ [30,000] 

Recapitalization: 

Infrastructure and safety .................................................................... 554,643 674,643 

Address high-priority deferred maintenance ............................... [120,000] 

Capability based investment ............................................................... 112,639 112,639 

Total, Recapitalization ............................................................................. 667,282 787,282 

Construction: 

17–D–640, U1a Complex Enhancements Project, NNSS .................. 11,500 11,500 

17–D–630 Electrical Infrastructure Upgrades, LLNL ...................... 25,000 25,000 

16–D–515 Albuquerque complex upgrades project ............................ 15,047 15,047 

15–D–613 Emergency Operations Center, Y–12 ............................... 2,000 2,000 

15–D–302, TA–55 Reinvestment project, Phase 3, LANL ............... 21,455 21,455 

07–D–220-04 Transuranic liquid waste facility, LANL .................... 17,053 17,053 

06–D–141 PED/Construction, UPF Y–12, Oak Ridge, TN .............. 575,000 575,000 

04–D–125—04 RLUOB equipment installation ................................ 159,615 159,615 

Total, Construction .................................................................................... 826,670 826,670 

Total, Infrastructure and operations .................................................. 2,721,952 2,871,952 


emcdonald on DSK3SPTVN1PROD with BILLS
1388 

HR 4909 PCS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

Secure transportation asset 

Operations and equipment .......................................................................... 179,132 179,132 

Program direction ....................................................................................... 103,600 103,600 

Total, Secure transportation asset ....................................................... 282,732 282,732 

Defense nuclear security 

Operations and maintenance ...................................................................... 657,133 717,133 

Support to physical security infrastructure recapitalization and 

CSTART ......................................................................................... [60,000] 

Construction: 

14–D–710 Device assembly facility argus installation project, NV ... 13,000 13,000 

Total, Defense nuclear security ............................................................ 670,133 730,133 

Information technology and cybersecurity ......................................................... 176,592 176,592 

Legacy contractor pensions ................................................................................ 248,492 248,492 

Rescission of prior year balances ....................................................................... –42,000 –42,000 

Total, Weapons Activities ........................................................................ 9,243,147 9,559,147 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Defense Nuclear Nonproliferation R&D 

Global material security ...................................................................... 337,108 332,108 

Program decrease ........................................................................ [–5,000] 

Material management and minimization ............................................ 341,094 341,094 

Nonproliferation and arms control ..................................................... 124,703 124,703 

Defense Nuclear Nonproliferation R&D ............................................. 393,922 417,922 

Acceleration of low-yield detection experiments .......................... [4,000] 

Nuclear detection technology and new challenges such as 3D 

printing .................................................................................... [20,000] 

Low Enriched Uranium R&D for Naval Reactors ............................. 0 5,000 

Low Enriched Uranium R&D for Naval Reactors ...................... [5,000] 

Nonproliferation Construction: 

99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 270,000 340,000 

Increase to support construction ......................................... [70,000] 

Total, Nonproliferation construction .................................................. 270,000 340,000 

Total, Defense Nuclear Nonproliferation Programs ..................... 1,466,827 1,560,827 

Legacy contractor pensions ................................................................................ 83,208 83,208 

Nuclear counterterrorism and incident response program ................................. 271,881 271,881 

Rescission of prior year balances ....................................................................... –14,000 –14,000 

Total, Defense Nuclear Nonproliferation .......................................... 1,807,916 1,901,916 

Naval Reactors 

Naval reactors operations and infrastructure .................................................... 449,682 449,682 

Naval reactors development ............................................................................... 437,338 437,338 

Ohio replacement reactor systems development ................................................. 213,700 213,700 

S8G Prototype refueling .................................................................................... 124,000 124,000 

Program direction .............................................................................................. 47,100 47,100 

Construction: 

17–D–911, BL Fire System Upgrade ........................................................ 1,400 1,400 

15–D–904 NRF Overpack Storage Expansion 3 ....................................... 700 700 

15–D–902 KS Engineroom team trainer facility ....................................... 33,300 33,300 

14–D–901 Spent fuel handling recapitalization project, NRF .................. 100,000 100,000 

10-D–903, Security upgrades, KAPL ........................................................ 12,900 12,900 

Total, Construction .................................................................................... 148,300 148,300 

Total, Naval Reactors ................................................................................ 1,420,120 1,420,120 

Federal Salaries And Expenses 

Program direction .............................................................................................. 412,817 372,817 

Program decrease ....................................................................................... [–40,000] 

Total, Office Of The Administrator ...................................................... 412,817 372,817 

Defense Environmental Cleanup 

Closure sites: 


emcdonald on DSK3SPTVN1PROD with BILLS
1389 

HR 4909 PCS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

Closure sites administration ....................................................................... 9,389 9,389 

Hanford site: 

River corridor and other cleanup operations .............................................. 69,755 114,755 

Acceleration of priority programs ....................................................... [45,000] 

Central plateau remediation ....................................................................... 620,869 628,869 

Acceleration of priority programs ....................................................... [8,000] 

Richland community and regulatory support ............................................. 14,701 14,701 

Construction: 

15–D–401 Containerized sludge removal annex, RL ......................... 11,486 11,486 

Total, Hanford site ..................................................................................... 716,811 769,811 

Idaho National Laboratory: 

Idaho cleanup and waste disposition .......................................................... 359,088 359,088 

Idaho community and regulatory support .................................................. 3,000 3,000 

Total, Idaho National Laboratory ........................................................ 362,088 362,088 

Los Alamos National Laboratory 

EMLA cleanup activities ............................................................................ 185,606 185,606 

EMLA community and regulatory support ................................................ 3,394 3,394 

Total, Los Alamos National Laboratory ............................................. 189,000 189,000 

NNSA sites 

Lawrence Livermore National Laboratory ................................................. 1,396 1,396 

Separations Process Research Unit ............................................................ 3,685 3,685 

Nevada ........................................................................................................ 62,176 62,176 

Sandia National Laboratories .................................................................... 4,130 4,130 

Total, NNSA sites and Nevada off-sites .............................................. 71,387 71,387 

Oak Ridge Reservation: 

OR Nuclear facility D & D 

OR Nuclear facility D & D ................................................................. 93,851 93,851 

Construction: 

14–D–403 Outfall 200 Mercury Treatment Facility .................. 5,100 5,100 

Total, OR Nuclear facility D & D .......................................................... 98,951 98,951 

U233 Disposition Program ........................................................................ 37,311 37,311 

OR cleanup and disposition ........................................................................ 54,557 54,557 

OR reservation community and regulatory support ................................... 4,400 4,400 

Oak Ridge technology development ............................................................ 3,000 3,000 

Total, Oak Ridge Reservation ................................................................ 198,219 198,219 

Office of River Protection: 

Waste treatment and immobilization plant 

WTP operations .................................................................................. 3,000 3,000 

15–D–409 Low activity waste pretreatment system, ORP ................ 73,000 73,000 

01–D–416 A-D/ORP-0060 / Major construction ............................... 690,000 690,000 

Total, Waste treatment and immobilization plant ......................... 766,000 766,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ........................... 721,456 721,456 

Total, Tank farm activities ..................................................................... 721,456 721,456 

Total, Office of River protection ........................................................... 1,487,456 1,487,456 

Savannah River sites: 

Nuclear Material Management ................................................................... 311,062 311,062 

Environmental Cleanup .............................................................................. 152,504 152,504 

SR community and regulatory support ...................................................... 11,249 11,249 

Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition ............... 645,332 645,332 

Construction: 

15–D–402—Saltstone Disposal Unit #6, SRS .......................... 7,577 7,577 

17–D–401—Saltstone Disposal Unit #7 ................................... 9,729 9,729 

05–D–405 Salt waste processing facility, Savannah River Site 160,000 160,000 

Total, Construction .................................................................................... 177,306 177,306 

Total, Radioactive liquid tank waste .................................................. 822,638 822,638 

Total, Savannah River site ...................................................................... 1,297,453 1,297,453 

Waste Isolation Pilot Plant 


emcdonald on DSK3SPTVN1PROD with BILLS
1390 

HR 4909 PCS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

Operations and maintenance ...................................................................... 257,188 257,188 

Construction: 

15–D–411 Safety significant confinement ventilation system, WIPP 2,532 2,532 

15–D–412 Exhaust shaft, WIPP ....................................................... 2,533 2,533 

Total, Construction .................................................................................... 5,065 5,065 

Total, Waste Isolation Pilot Plant ........................................................ 262,253 262,253 

Program direction .............................................................................................. 290,050 290,050 

Program support ................................................................................................ 14,979 14,979 

Safeguards and Security .................................................................................... 255,973 255,973 

Technology development ..................................................................................... 30,000 40,000 

NAS study on technology development, acceleration of priority efforts .... [10,000] 

Infrastructure recapitalization ........................................................................... 41,892 41,892 

Defense Uranium enrichment D&D ................................................................... 155,100 0 

Ahead of need ............................................................................................. [–155,100] 

Subtotal, Defense environmental cleanup ........................................ 5,382,050 5,289,950 

Total, Defense Environmental Cleanup ............................................. 5,382,050 5,289,950 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security ................................................... 130,693 130,693 

Program direction ....................................................................................... 66,519 66,519 

Total, Environment, Health, safety and security ........................... 197,212 197,212 

Independent enterprise assessments 

Independent enterprise assessments ........................................................... 24,580 24,580 

Program direction ....................................................................................... 51,893 51,893 

Total, Independent enterprise assessments ..................................... 76,473 76,473 

Specialized security activities ............................................................................. 237,912 246,912 

IT infrastructure and red teaming ............................................................. [9,000] 

Office of Legacy Management 

Legacy management ................................................................................... 140,306 140,306 

Program direction ....................................................................................... 14,014 14,014 

Total, Office of Legacy Management ................................................... 154,320 154,320 

Defense-related activities 

Defense related administrative support 

Chief financial officer ................................................................................. 23,642 23,642 

Chief information officer ............................................................................ 93,074 93,074 

Project management oversight and assessments ........................................ 3,000 3,000 

Total, Defense related administrative support ............................... 119,716 119,716 

Office of hearings and appeals ........................................................................... 5,919 5,919 

Subtotal, Other defense activities ........................................................ 791,552 800,552 

Total, Other Defense Activities ............................................................. 791,552 800,552 

1 DIVISION E—MILITARY JUSTICE 

2 SEC. 6000. SHORT TITLE. 

3 This division may be cited as the ‘‘Military Justice 

4 Act of 2016’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1391 

HR 4909 PCS

1 TITLE LX—GENERAL 

2 PROVISIONS 

3 SEC. 6001. DEFINITIONS. 

4 (a) DEFINITION OF MILITARY JUDGE.—Paragraph 

5 (10) of section 801 of title 10, United States Code (article 

6 1 of the Uniform Code of Military Justice), is amended 

7 to read as follows: 

8 ‘‘(10) The term ‘military judge’ means a judge 

9 advocate designated under section 826(c) of this title 

10 (article 26(c)) who is detailed under section 826(a) 

11 of this title (article 26(a)).’’. 

12 (b) DEFINITION OF JUDGE ADVOCATE.—Paragraph 

13 (13) of such section (article) is amended— 

14 (1) in subparagraph (A), by striking ‘‘the Army 

15 or the Navy’’ and inserting ‘‘the Army, the Navy, or 

16 the Air Force’’; and 

17 (2) in subparagraph (B), by striking ‘‘the Air 

18 Force or’’. 

19 SEC. 6002. CLARIFICATION OF PERSONS SUBJECT TO UCMJ 

20 WHILE ON INACTIVE-DUTY TRAINING. 

21 Paragraph (3) of section 802(a) of title 10, United 

22 States Code (article 2(a) of the Uniform Code of Military 

23 Justice), is amended to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1392 

HR 4909 PCS

1 ‘‘(3)(A) While on inactive-duty training and 

2 during any of the periods specified in subparagraph 

3 (B)— 

4 ‘‘(i) members of a reserve component; and 

5 ‘‘(ii) members of the Army National Guard 

6 of the United States or the Air National Guard 

7 of the United States, but only when in Federal 

8 service. 

9 ‘‘(B) The periods referred to in subparagraph 

10 (A) are the following: 

11 ‘‘(i) Travel to and from the inactive-duty 

12 training site of the member, pursuant to orders 

13 or regulations. 

14 ‘‘(ii) Intervals between consecutive periods 

15 of inactive-duty training on the same day, pur16 suant to orders or regulations. 

17 ‘‘(iii) Intervals between inactive-duty train18 ing on consecutive days, pursuant to orders or 

19 regulations.’’. 

20 SEC. 6003. STAFF JUDGE ADVOCATE DISQUALIFICATION 

21 DUE TO PRIOR INVOLVEMENT IN CASE. 

22 Subsection (c) of section 806 of title 10, United 

23 States Code (article 6 of the Uniform Code of Military 

24 Justice), is amended to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1393 

HR 4909 PCS

1 ‘‘(c)(1) No person who, with respect to a case, serves 

2 in a capacity specified in paragraph (2) may later serve 

3 as a staff judge advocate or legal officer to any reviewing 

4 or convening authority upon the same case. 

5 ‘‘(2) The capacities referred to in paragraph (1) are, 

6 with respect to the case involved, any of the following: 

7 ‘‘(A) Preliminary hearing officer, court member, 

8 military judge, military magistrate, or appellate 

9 judge. 

10 ‘‘(B) Counsel who have acted in the same case 

11 or appeared in any proceeding before a military 

12 judge, military magistrate, preliminary hearing offi13 cer, or appellate court.’’. 

14 SEC. 6004. CONFORMING AMENDMENT RELATING TO MILI15 TARY MAGISTRATES. 

16 The first sentence of section 806a(a) of title 10, 

17 United States Code (article 6a(a) of the Uniform Code 

18 of Military Justice), is amended by striking ‘‘military 

19 judge’’ and all that follows through the end of the sentence 

20 and inserting ‘‘military appellate judge, military judge, or 

21 military magistrate to perform the duties of the position 

22 involved.’’. 

23 SEC. 6005. RIGHTS OF VICTIM. 

24 (a) DESIGNATION OF REPRESENTATIVE.—Subsection 

25 (c) of section 806b of title 10, United States Code (article 


emcdonald on DSK3SPTVN1PROD with BILLS
1394 

HR 4909 PCS

1 6b of the Uniform Code of Military Justice), is amended 

2 in the first sentence by striking ‘‘the military judge’’ and 

3 all that follows through the end of the sentence and insert4 ing the following: ‘‘the legal guardians of the victim or 

5 the representatives of the victim’s estate, family members, 

6 or any other person designated as suitable by the military 

7 judge, may assume the rights of the victim under this sec8 tion.’’. 

9 (b) RULE OF CONSTRUCTION.—Subsection (d) of 

10 such section (article) is amended— 

11 (1) by striking ‘‘or’’ at the end of paragraph 

12 (1); 

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(3) to impair the exercise of discretion under 

18 sections 830 and 834 of this title (articles 30 and 

19 34).’’. 

20 (c) INTERVIEW OF VICTIM.—Such section (article) is 

21 amended by adding at the end the following new sub22 section: 

23 ‘‘(f) COUNSEL FOR ACCUSED INTERVIEW OF VICTIM

24 OF ALLEGED OFFENSE.—(1) Upon notice by counsel for 

25 the Government to counsel for the accused of the name 


emcdonald on DSK3SPTVN1PROD with BILLS
1395 

HR 4909 PCS

1 of an alleged victim of an offense under this chapter who 

2 counsel for the Government intends to call as a witness 

3 at a proceeding under this chapter, counsel for the accused 

4 shall make any request to interview the victim through the 

5 Special Victim’s Counsel or other counsel for the victim, 

6 if applicable. 

7 ‘‘(2) If requested by an alleged victim who is subject 

8 to a request for interview under paragraph (1), any inter9 view of the victim by counsel for the accused shall take 

10 place only in the presence of the counsel for the Govern11 ment, a counsel for the victim, or, if applicable, a victim 

12 advocate.’’. 

13 TITLE LXI—APPREHENSION AND 

14 RESTRAINT 

15 SEC. 6101. RESTRAINT OF PERSONS CHARGED. 

16 Section 810 of title 10, United States Code (article 

17 10 of the Uniform Code of Military Justice), is amended 

18 to read as follows: 

19 ‘‘§ 810. Art. 10. Restraint of person charged 

20 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), 

21 any person subject to this chapter who is charged with 

22 an offense under this chapter may be ordered into arrest 

23 or confinement as the circumstances require. 

24 ‘‘(2) When a person subject to this chapter is charged 

25 only with an offense that is normally tried by summary 


emcdonald on DSK3SPTVN1PROD with BILLS
1396 

HR 4909 PCS

1 court-martial, the person ordinarily shall not be ordered 

2 into confinement. 

3 ‘‘(b) NOTIFICATION TO ACCUSED AND RELATED

4 PROCEDURES.—(1) When a person subject to this chapter 

5 is ordered into arrest or confinement before trial, imme6 diate steps shall be taken— 

7 ‘‘(A) to inform the person of the specific offense 

8 of which the person is accused; and 

9 ‘‘(B) to try the person or to dismiss the charges 

10 and release the person. 

11 ‘‘(2) To facilitate compliance with paragraph (1), the 

12 President shall prescribe regulations setting forth proce13 dures relating to referral for trial, including procedures 

14 for prompt forwarding of the charges and specifications 

15 and, if applicable, the preliminary hearing report sub16 mitted under section 832 of this title (article 32).’’. 

17 SEC. 6102. MODIFICATION OF PROHIBITION OF CONFINE18 MENT OF ARMED FORCES MEMBERS WITH 

19 ENEMY PRISONERS AND CERTAIN OTHERS. 

20 Section 812 of title 10, United States Code (article 

21 12 of the Uniform Code of Military Justice), is amended 

22 to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1397 

HR 4909 PCS

1 ‘‘§ 812. Art. 12. Prohibition of confinement of armed 

2 forces members with enemy prisoners 

3 and certain others 

4 ‘‘No member of the armed forces may be placed in 

5 confinement in immediate association with— 

6 ‘‘(1) enemy prisoners; or 

7 ‘‘(2) other individuals— 

8 ‘‘(A) who are detained under the law of 

9 war and are foreign nationals; and 

10 ‘‘(B) who are not members of the armed 

11 forces.’’. 

12 TITLE LXII—NON-JUDICIAL 

13 PUNISHMENT 

14 SEC. 6201. MODIFICATION OF CONFINEMENT AS NON-JUDI15 CIAL PUNISHMENT. 

16 Section 815 of title 10, United States Code (article 

17 15 of the Uniform Code of Military Justice), is amended— 

18 (1) in subsection (b)— 

19 (A) in paragraph (2)(A), by striking ‘‘on 

20 bread and water or diminished rations’’; and 

21 (B) in the undesignated matter after para22 graph (2), by striking ‘‘on bread and water or 

23 diminished rations’’ in the sentence beginning 

24 ‘‘No two or more’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1398 

HR 4909 PCS

1 (2) in subsection (d), by striking ‘‘on bread and 

2 water or diminished rations’’ in paragraphs (2) and 

3 (3). 

4 TITLE LXIII—COURT-MARTIAL 

5 JURISDICTION 

6 SEC. 6301. COURTS-MARTIAL CLASSIFIED. 

7 Section 816 of title 10, United States Code (article 

8 16 of the Uniform Code of Military Justice), is amended 

9 to read as follows: 

10 ‘‘§ 816. Art 16. Courts-martial classified 

11 ‘‘(a) IN GENERAL.—The three kinds of courts-mar12 tial in each of the armed forces are the following: 

13 ‘‘(1) General courts-martial, as described in 

14 subsection (b). 

15 ‘‘(2) Special courts-martial, as described in sub16 section (c). 

17 ‘‘(3) Summary courts-martial, as described in 

18 subsection (d). 

19 ‘‘(b) GENERAL COURTS-MARTIAL.—General courts20 martial are of the following three types: 

21 ‘‘(1) A general court-martial consisting of a 

22 military judge and eight members, subject to sec23 tions 825(d)(3) and 829 of this title (articles 

24 25(d)(3) and 29). 


emcdonald on DSK3SPTVN1PROD with BILLS
1399 

HR 4909 PCS

1 ‘‘(2) In a capital case, a general court-martial 

2 consisting of a military judge and the number of 

3 members determined under section 825a of this title 

4 (article 25a), subject to sections 825(d)(3) and 829 

5 of this title (articles 25(d)(3) and 29). 

6 ‘‘(3) A general court-martial consisting of a 

7 military judge alone, if, before the court is assem8 bled, the accused, knowing the identity of the mili9 tary judge and after consultation with defense coun10 sel, requests, orally on the record or in writing, a 

11 court composed of a military judge alone and the 

12 military judge approves the request. 

13 ‘‘(c) SPECIAL COURTS-MARTIAL.—Special courts14 martial are of the following two types: 

15 ‘‘(1) A special court-martial, consisting of a 

16 military judge and four members, subject to sections 

17 825(d)(3) and 829 of this title (articles 25(d)(3) and 

18 29). 

19 ‘‘(2) A special court-martial consisting of a 

20 military judge alone— 

21 ‘‘(A) if the case is so referred by the con22 vening authority, subject to section 819 of this 

23 title (article 19) and such limitations as the 

24 President may prescribe by regulation; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1400 

HR 4909 PCS

1 ‘‘(B) if the case is referred under para2 graph (1) and, before the court is assembled, 

3 the accused, knowing the identity of the mili4 tary judge and after consultation with defense 

5 counsel, requests, orally on the record or in 

6 writing, a court composed of a military judge 

7 alone and the military judge approves the re8 quest. 

9 ‘‘(d) SUMMARY COURT-MARTIAL.—A summary court10 martial consists of one commissioned officer.’’. 

11 SEC. 6302. JURISDICTION OF GENERAL COURTS-MARTIAL. 

12 Section 818 of title 10, United States Code (article 

13 18 of the Uniform Code of Military Justice), is amended— 

14 (1) in subsection (b), by striking ‘‘section 

15 816(1)(B) of this title (article 16(1)(B))’’ and in16 serting ‘‘section 816(b)(3) of this title (article 

17 16(b)(3))’’; and 

18 (2) by striking subsection (c) and inserting the 

19 following: 

20 ‘‘(c) Consistent with sections 819 and 820 of this title 

21 (articles 19 and 20), only general courts-martial have ju22 risdiction over the following offenses: 

23 ‘‘(1) A violation of subsection (a) or (b) of sec24 tion 920 of this title (article 120). 


emcdonald on DSK3SPTVN1PROD with BILLS
1401 

HR 4909 PCS

1 ‘‘(2) A violation of subsection (a) or (b) of sec2 tion 920b of this title (article 120b). 

3 ‘‘(3) An attempt to commit an offense specified 

4 in paragraph (1) or (2) that is punishable under sec5 tion 880 of this title (article 80).’’. 

6 SEC. 6303. JURISDICTION OF SPECIAL COURTS-MARTIAL. 

7 Section 819 of title 10, United States Code (article 

8 19 of the Uniform Code of Military Justice), is amended— 

9 (1) by striking ‘‘Subject to’’ in the first sen10 tence and inserting the following: 

11 ‘‘(a) IN GENERAL.—Subject to’’; 

12 (2) by striking ‘‘A bad-conduct discharge’’ and 

13 all that follows through the end; and 

14 (3) by adding after subsection (a), as des15 ignated by paragraph (1), the following new sub16 sections: 

17 ‘‘(b) ADDITIONAL LIMITATION.—Neither a bad-con18 duct discharge, nor confinement for more than six months, 

19 nor forfeiture of pay for more than six months may be 

20 adjudged if charges and specifications are referred to a 

21 special court-martial consisting of a military judge alone 

22 under section 816(c)(2)(A) of this title (article 

23 16(c)(2)(A)). 

24 ‘‘(c) MILITARY MAGISTRATE.—If charges and speci25 fications are referred to a special court-martial consisting 


emcdonald on DSK3SPTVN1PROD with BILLS
1402 

HR 4909 PCS

1 of a military judge alone under section 816(c)(2)(A) of 

2 this title (article 16(c)(2)(A)), the military judge, with the 

3 consent of the parties, may designate a military mag4 istrate to preside over the special court-martial.’’. 

5 SEC. 6304. SUMMARY COURT-MARTIAL AS NON-CRIMINAL 

6 FORUM. 

7 Section 820 of title 10, United States Code (article 

8 20 of the Uniform Code of Military Justice), is amended— 

9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

10 ‘‘Subject to’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(b) NON-CRIMINAL FORUM.—A summary court14 martial is a non-criminal forum. A finding of guilty at a 

15 summary court-martial does not constitute a criminal con16 viction.’’. 

17 TITLE LXIV—COMPOSITION OF 

18 COURTS-MARTIAL 

19 SEC. 6401. TECHNICAL AMENDMENT RELATING TO PER20 SONS AUTHORIZED TO CONVENE GENERAL 

21 COURTS-MARTIAL. 

22 Section 822(a)(6) of title 10, United States Code (ar23 ticle 22(a)(6) of the Uniform Code of Military Justice), 

24 is amended by striking ‘‘in chief’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1403 

HR 4909 PCS

1 SEC. 6402. WHO MAY SERVE ON COURTS-MARTIAL; DETAIL 

2 OF MEMBERS. 

3 (a) WHO MAY SERVE ON COURTS-MARTIAL.—Sub4 section (c) of section 825 of title 10, United States Code 

5 (article 25 of the Uniform Code of Military Justice), is 

6 amended to read as follows: 

7 ‘‘(c)(1) Any enlisted member on active duty is eligible 

8 to serve on a general or special court-martial for the trial 

9 of any other enlisted member. 

10 ‘‘(2) Before a court-martial with a military judge and 

11 members is assembled for trial, an enlisted member who 

12 is an accused may personally request, orally on the record 

13 or in writing, that— 

14 ‘‘(A) the membership of the court-martial be 

15 comprised entirely of officers; or 

16 ‘‘(B) enlisted members comprise at least one17 third of the membership of the court-martial, re18 gardless of whether enlisted members have been de19 tailed to the court-martial. 

20 ‘‘(3) Except as provided in paragraph (4), after such 

21 a request, the accused may not be tried by a general or 

22 special court-martial if the membership of the court-mar23 tial is inconsistent with the request. 

24 ‘‘(4) If, because of physical conditions or military ex25 igencies, a sufficient number of eligible officers or enlisted 

26 members, as the case may be, are not available to carry 


emcdonald on DSK3SPTVN1PROD with BILLS
1404 

HR 4909 PCS

1 out paragraph (2), the trial may nevertheless be held. In 

2 that event, the convening authority shall make a detailed 

3 written statement of the reasons for nonavailability. The 

4 statement shall be appended to the record.’’. 

5 (b) DETAIL OF MEMBERS.—Subsection (d) of such 

6 section (article) is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(3) The convening authority shall detail not 

9 less than the number of members necessary to im10 panel the court-martial under section 829 of this 

11 title (article 29).’’. 

12 SEC. 6403. NUMBER OF COURT-MARTIAL MEMBERS IN CAP13 ITAL CASES. 

14 Section 825a of title 10, United States Code (article 

15 25a of the Uniform Code of Military Justice), is amended 

16 to read as follows: 

17 ‘‘§ 825a. Art. 25a. Number of court-martial members 

18 in capital cases 

19 ‘‘(a) IN GENERAL.—In a case in which the accused 

20 may be sentenced to death, the number of members shall 

21 be 12. 

22 ‘‘(b) CASE NO LONGER CAPITAL.—Subject to section 

23 829 of this title (article 29)— 

24 ‘‘(1) if a case is referred for trial as a capital 

25 case and, before the members are impaneled, the acVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01404 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1405 

HR 4909 PCS

1 cused may no longer be sentenced to death, the 

2 number of members shall be eight; and 

3 ‘‘(2) if a case is referred for trial as a capital 

4 case and, after the members are impaneled, the ac5 cused may no longer be sentenced to death, the 

6 number of members shall remain 12.’’. 

7 SEC. 6404. DETAILING, QUALIFICATIONS, ETC. OF MILITARY 

8 JUDGES. 

9 (a) SPECIAL COURTS-MARTIAL.—Subsection (a) of 

10 section 826 of title 10, United States Code (article 26 of 

11 the Uniform Code of Military Justice), is amended— 

12 (1) in the first sentence, by inserting after 

13 ‘‘each general’’ the following: ‘‘and special’’; and 

14 (2) by striking the second sentence. 

15 (b) QUALIFICATIONS.—Subsection (b) of such section 

16 (article) is amended by striking ‘‘qualified for duty’’ and 

17 inserting ‘‘qualified, by reason of education, training, ex18 perience, and judicial temperament, for duty’’. 

19 (c) DETAIL AND ASSIGNMENT.—Subsection (c) of 

20 such section (article) is amended to read as follows: 

21 ‘‘(c)(1) In accordance with regulations prescribed 

22 under subsection (a), a military judge of a general or spe23 cial court-martial shall be designated for detail by the 

24 Judge Advocate General of the armed force of which the 

25 military judge is a member. 


emcdonald on DSK3SPTVN1PROD with BILLS
1406 

HR 4909 PCS

1 ‘‘(2) Neither the convening authority nor any member 

2 of the staff of the convening authority shall prepare or 

3 review any report concerning the effectiveness, fitness, or 

4 efficiency of the military judge so detailed, which relates 

5 to the military judge’s performance of duty as a military 

6 judge. 

7 ‘‘(3) A commissioned officer who is certified to be 

8 qualified for duty as a military judge of a general court9 martial— 

10 ‘‘(A) may perform such duties only when the of11 ficer is assigned and directly responsible to the 

12 Judge Advocate General of the armed force of which 

13 the military judge is a member; and 

14 ‘‘(B) may perform duties of a judicial or non15 judicial nature other than those relating to the offi16 cer’s primary duty as a military judge of a general 

17 court-martial when such duties are assigned to the 

18 officer by or with the approval of that Judge Advo19 cate General. 

20 ‘‘(4) In accordance with regulations prescribed by the 

21 President, assignments of military judges under this sec22 tion (article) shall be for appropriate minimum periods, 

23 subject to such exceptions as may be authorized in the 

24 regulations.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1407 

HR 4909 PCS

1 (d) DETAIL TO A DIFFERENT ARMED FORCE.—Such 

2 section (article) is further amended by adding at the end 

3 the following new subsection: 

4 ‘‘(f) A military judge may be detailed under sub5 section (a) to a court-martial that is convened in a dif6 ferent armed force, when so permitted by the Judge Advo7 cate General of the armed force of which the military 

8 judge is a member.’’. 

9 (e) CHIEF TRIAL JUDGES.—Such section (article), as 

10 amended by subsection (d), is further amended by adding 

11 at the end the following new subsection: 

12 ‘‘(g) In accordance with regulations prescribed by the 

13 President, each Judge Advocate General shall designate 

14 a chief trial judge from among the members of the applica15 ble trial judiciary.’’. 

16 SEC. 6405. QUALIFICATIONS OF TRIAL COUNSEL AND DE17 FENSE COUNSEL. 

18 Section 827 of title 10, United States Code (article 

19 27 of the Uniform Code of Military Justice), is amended— 

20 (1) in the first sentence of paragraph (2) of 

21 subsection (a), by striking ‘‘No person’’ and all that 

22 follows through ‘‘trial counsel,’’ the first place it ap23 pears and inserting the following: ‘‘No person who, 

24 with respect to a case, has served as a preliminary 

25 hearing officer, court member, military judge, miliVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01407 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1408 

HR 4909 PCS

1 tary magistrate, or appellate judge, may later serve 

2 as trial counsel,’’; 

3 (2) in the first sentence of subsection (b), by 

4 striking ‘‘Trial counsel or defense counsel’’ and in5 serting ‘‘Trial counsel, defense counsel, or assistant 

6 defense counsel’’; and 

7 (3) by striking subsection (c) and inserting the 

8 following new subsections: 

9 ‘‘(c)(1) Defense counsel and assistant defense counsel 

10 detailed for a special court-martial shall have the quali11 fications set forth in subsection (b). 

12 ‘‘(2) Trial counsel and assistant trial counsel detailed 

13 for a special court-martial and assistant trial counsel de14 tailed for a general court-martial must be determined to 

15 be competent to perform such duties by the Judge Advo16 cate General, under such rules as the President may pre17 scribe. 

18 ‘‘(d) To the greatest extent practicable, in any capital 

19 case, at least one defense counsel shall, as determined by 

20 the Judge Advocate General, be learned in the law applica21 ble to such cases. If necessary, this counsel may be a civil22 ian and, if so, may be compensated in accordance with 

23 regulations prescribed by the Secretary of Defense.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1409 

HR 4909 PCS

1 SEC. 6406. ASSEMBLY AND IMPANELING OF MEMBERS; DE2 TAIL OF NEW MEMBERS AND MILITARY 

3 JUDGES. 

4 Section 829 of title 10, United States Code (article 

5 29 of the Uniform Code of Military Justice), is amended 

6 to read as follows: 

7 ‘‘§ 829. Art. 29. Assembly and impaneling of members; 

8 detail of new members and military 

9 judges 

10 ‘‘(a) ASSEMBLY.—The military judge shall announce 

11 the assembly of a general or special court-martial with 

12 members. After such a court-martial is assembled, no 

13 member may be absent, unless the member is excused— 

14 ‘‘(1) as a result of a challenge; 

15 ‘‘(2) under subsection (b)(1)(B); or 

16 ‘‘(3) by order of the military judge or the con17 vening authority for disability or other good cause. 

18 ‘‘(b) IMPANELING.—(1) Under rules prescribed by 

19 the President, the military judge of a general or special 

20 court-martial with members shall— 

21 ‘‘(A) after determination of challenges, impanel 

22 the court-martial; and 

23 ‘‘(B) excuse the members who, having been as24 sembled, are not impaneled. 

25 ‘‘(2) In a general court-martial, the military judge 

26 shall impanel— 


emcdonald on DSK3SPTVN1PROD with BILLS
1410 

HR 4909 PCS

1 ‘‘(A) 12 members in a capital case; and 

2 ‘‘(B) eight members in a noncapital case. 

3 ‘‘(3) In a special court-martial, the military judge 

4 shall impanel four members. 

5 ‘‘(c) ALTERNATE MEMBERS.—In addition to mem6 bers under subsection (b), the military judge shall impanel 

7 alternate members, if the convening authority authorizes 

8 alternate members. 

9 ‘‘(d) DETAIL OF NEW MEMBERS.—(1) If, after mem10 bers are impaneled, the membership of the court-martial 

11 is reduced to— 

12 ‘‘(A) fewer than 12 members with respect to a 

13 general court-martial in a capital case; 

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

15 general court-martial in a noncapital case; or 

16 ‘‘(C) fewer than four members with respect to 

17 a special court-martial; 

18 the trial may not proceed unless the convening au19 thority details new members and, from among the 

20 members so detailed, the military judge impanels 

21 new members sufficient in number to provide the 

22 membership specified in paragraph (2). 

23 ‘‘(2) The membership referred to in paragraph 

24 (1) is as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1411 

HR 4909 PCS

1 ‘‘(A) 12 members with respect to a general 

2 court-martial in a capital case. 

3 ‘‘(B) At least six but not more than eight 

4 members with respect to a general court-martial 

5 in a noncapital case. 

6 ‘‘(C) Four members with respect to a spe7 cial court-martial. 

8 ‘‘(e) DETAIL OF NEW MILITARY JUDGE.—If the mili9 tary judge is unable to proceed with the trial because of 

10 disability or otherwise, a new military judge shall be de11 tailed to the court-martial. 

12 ‘‘(f) EVIDENCE.—(1) In the case of new members 

13 under subsection (d), the trial may proceed with the new 

14 members present after the evidence previously introduced 

15 is read or, in the case of audiotape, videotape, or similar 

16 recording, is played, in the presence of the new members, 

17 the military judge, the accused, and counsel for both sides. 

18 ‘‘(2) In the case of a new military judge under sub19 section (e), the trial shall proceed as if no evidence had 

20 been introduced, unless the evidence previously introduced 

21 is read or, in the case of audiotape, videotape, or similar 

22 recording, is played, in the presence of the new military 

23 judge, the accused, and counsel for both sides.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1412 

HR 4909 PCS

1 SEC. 6407. MILITARY MAGISTRATES. 

2 Subchapter V of chapter 47 of title 10, United States 

3 Code, is amended by inserting after section 826 (article 

4 26 of the Uniform Code of Military Justice) the following 

5 new section (article): 

6 ‘‘§ 826a. Art. 26a. Military magistrates 

7 ‘‘(a) QUALIFICATIONS.—A military magistrate shall 

8 be a commissioned officer of the armed forces who— 

9 ‘‘(1) is a member of the bar of a Federal court 

10 or a member of the bar of the highest court of a 

11 State; and 

12 ‘‘(2) is certified to be qualified, by reason of 

13 education, training, experience, and judicial tem14 perament, for duty as a military magistrate by the 

15 Judge Advocate General of the armed force of which 

16 the officer is a member. 

17 ‘‘(b) DUTIES.—In accordance with regulations pre18 scribed by the Secretary concerned, in addition to duties 

19 when designated under section 819 of this title (article 

20 19), a military magistrate may be assigned to perform 

21 other duties of a nonjudicial nature.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1413 

HR 4909 PCS

1 TITLE LXV—PRE-TRIAL 

2 PROCEDURE 

3 SEC. 6501. CHARGES AND SPECIFICATIONS. 

4 Section 830 of title 10, United States Code (article 

5 30 of the Uniform Code of Military Justice), is amended 

6 to read as follows: 

7 ‘‘§ 830. Art. 30. Charges and specifications 

8 ‘‘(a) IN GENERAL.—Charges and specifications— 

9 ‘‘(1) may be preferred only by a person subject 

10 to this chapter; and 

11 ‘‘(2) shall be preferred by presentment in writ12 ing, signed under oath before a commissioned officer 

13 of the armed forces who is authorized to administer 

14 oaths. 

15 ‘‘(b) REQUIRED CONTENT.—The writing under sub16 section (a) shall state that— 

17 ‘‘(1) the signer has personal knowledge of, or 

18 has investigated, the matters set forth in the charges 

19 and specifications; and 

20 ‘‘(2) the charges and specifications are true, to 

21 the best of the knowledge and belief of the signer. 

22 ‘‘(c) DUTY OF PROPER AUTHORITY.—When charges 

23 and specifications are preferred under subsection (a), the 

24 proper authority shall, as soon as practicable— 


emcdonald on DSK3SPTVN1PROD with BILLS
1414 

HR 4909 PCS

1 ‘‘(1) inform the person accused of the charges 

2 and specifications; and 

3 ‘‘(2) determine what disposition should be made 

4 of the charges and specifications in the interest of 

5 justice and discipline.’’. 

6 SEC. 6502. PRELIMINARY HEARING REQUIRED BEFORE RE7 FERRAL TO GENERAL COURT-MARTIAL. 

8 (a) IN GENERAL.—Section 832 of title 10, United 

9 States Code (article 32 of the Uniform Code of Military 

10 Justice), is amended by striking the section heading and 

11 subsections (a), (b), and (c), and inserting the following: 

12 ‘‘§ 832. Art. 32. Preliminary hearing required before 

13 referral to general court-martial 

14 ‘‘(a) IN GENERAL.—(1)(A) Except as provided in 

15 subparagraph (B), a preliminary hearing shall be held be16 fore referral of charges and specifications for trial by gen17 eral court-martial. The preliminary hearing shall be con18 ducted by an impartial hearing officer, detailed by the con19 vening authority in accordance with subsection (b). 

20 ‘‘(B) Under regulations prescribed by the President, 

21 a preliminary hearing need not be held if the accused sub22 mits a written waiver to the convening authority and the 

23 convening authority determines that a hearing is not re24 quired. 


emcdonald on DSK3SPTVN1PROD with BILLS
1415 

HR 4909 PCS

1 ‘‘(2) The issues for determination at a preliminary 

2 hearing are limited to the following: 

3 ‘‘(A) Whether or not the specification alleges an 

4 offense under this chapter. 

5 ‘‘(B) Whether or not there is probable cause to 

6 believe that the accused committed the offense 

7 charged. 

8 ‘‘(C) Whether or not the convening authority 

9 has court-martial jurisdiction over the accused and 

10 over the offense. 

11 ‘‘(D) A recommendation as to the disposition 

12 that should be made of the case. 

13 ‘‘(b) HEARING OFFICER.—(1) A preliminary hearing 

14 under this section shall be conducted by an impartial hear15 ing officer, who— 

16 ‘‘(A) whenever practicable, shall be a judge ad17 vocate who is certified under section 827(b)(2) of 

18 this title (article 27(b)(2)); or 

19 ‘‘(B) in exceptional circumstances, shall be an 

20 impartial hearing officer, who is not a judge advo21 cate so certified. 

22 ‘‘(2) In the case of a hearing officer under paragraph 

23 (1)(B), a judge advocate who is certified under section 

24 827(b)(2) of this title (article 27(b)(2)) shall be available 

25 to provide legal advice to the hearing officer. 


emcdonald on DSK3SPTVN1PROD with BILLS
1416 

HR 4909 PCS

1 ‘‘(3) Whenever practicable, the hearing officer shall 

2 be equal in grade or senior in grade to military counsel 

3 who are detailed to represent the accused or the Govern4 ment at the preliminary hearing. 

5 ‘‘(c) REPORT TO CONVENING AUTHORITY.—After a 

6 preliminary hearing under this section, the hearing officer 

7 shall submit to the convening authority a written report 

8 (accompanied by a recording of the preliminary hearing 

9 under subsection (e)) that includes the following: 

10 ‘‘(1) For each specification, a statement of the 

11 reasoning and conclusions of the hearing officer with 

12 respect to determinations under subsection (a)(2), 

13 including a summary of relevant witness testimony 

14 and documentary evidence presented at the hearing 

15 and any observations of the hearing officer con16 cerning the testimony of witnesses and the avail17 ability and admissibility of evidence at trial. 

18 ‘‘(2) Recommendations for any necessary modi19 fications to the form of the charges or specifications. 

20 ‘‘(3) An analysis of any additional information 

21 submitted after the hearing by the parties or by a 

22 victim of an offense, that, under such rules as the 

23 President may prescribe, is relevant to disposition 

24 under sections 830 and 834 of this title (articles 30 

25 and 34). 


emcdonald on DSK3SPTVN1PROD with BILLS
1417 

HR 4909 PCS

1 ‘‘(4) A statement of action taken on evidence 

2 adduced with respect to uncharged offenses, as de3 scribed in subsection (f).’’. 

4 (b) SUNDRY AMENDMENTS.—Subsection (d) of such 

5 section (article) is amended— 

6 (1) in paragraph (1), by striking ‘‘subsection 

7 (a)’’ in the first sentence and inserting ‘‘this sec8 tion’’; 

9 (2) in paragraph (2), by striking ‘‘in defense’’ 

10 and all that follows through the end and inserting 

11 ‘‘that is relevant to the issues for determination 

12 under subsection (a)(2).’’; 

13 (3) in paragraph (3), by adding at the end the 

14 following new sentence: ‘‘A declination under this 

15 paragraph shall not serve as the sole basis for order16 ing a deposition under section 849 of this title (arti17 cle 49).’’; and 

18 (4) in paragraph (4), by striking ‘‘the limited 

19 purposes of the hearing, as provided in subsection 

20 (a)(2).’’ and inserting the following: ‘‘determinations 

21 under subsection (a)(2).’’. 

22 (c) REFERENCE TO MCM.—Subsection (e) of such 

23 section (article) is amended by striking ‘‘as prescribed by 

24 the Manual for Courts-Martial’’ in the second sentence 


emcdonald on DSK3SPTVN1PROD with BILLS
1418 

HR 4909 PCS

1 and inserting ‘‘under such rules as the President may pre2 scribe’’. 

3 (d) EFFECT OF VIOLATION.—Subsection (g) of such 

4 section (article) is amended by adding at the end the fol5 lowing new sentence: ‘‘A defect in a report under sub6 section (c) is not a basis for relief if the report is in sub7 stantial compliance with that subsection.’’. 

8 SEC. 6503. DISPOSITION GUIDANCE. 

9 Section 833 of title 10, United States Code (article 

10 33 of the Uniform Code of Military Justice), is amended 

11 to read as follows: 

12 ‘‘§ 833. Art 33. Disposition guidance 

13 ‘‘The President shall direct the Secretary of Defense 

14 to issue, in consultation with the Secretary of the depart15 ment in which the Coast Guard is operating when it is 

16 not operating as a service in the Navy, non-binding guid17 ance regarding factors that commanders, convening au18 thorities, staff judge advocates, and judge advocates 

19 should take into account when exercising their duties with 

20 respect to disposition of charges and specifications in the 

21 interest of justice and discipline under sections 830 and 

22 834 of this title (articles 30 and 34). Such guidance shall 

23 take into account, with appropriate consideration of mili24 tary requirements, the principles contained in official 

25 guidance of the Attorney General to attorneys for the GovVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01418 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1419 

HR 4909 PCS

1 ernment with respect to disposition of Federal criminal 

2 cases in accordance with the principle of fair and even3 handed administration of Federal criminal law.’’. 

4 SEC. 6504. ADVICE TO CONVENING AUTHORITY BEFORE RE5 FERRAL FOR TRIAL. 

6 Section 834 of title 10, United States Code (article 

7 34 of the Uniform Code of Military Justice), is amended 

8 to read as follows: 

9 ‘‘§ 834. Art. 34. Advice to convening authority before 

10 referral for trial 

11 ‘‘(a) GENERAL COURT-MARTIAL.— 

12 ‘‘(1) STAFF JUDGE ADVOCATE ADVICE RE13 QUIRED BEFORE REFERRAL.—Before referral of 

14 charges and specifications to a general court-martial 

15 for trial, the convening authority shall submit the 

16 matter to the staff judge advocate for advice, which 

17 the staff judge advocate shall provide to the con18 vening authority in writing. The convening authority 

19 may not refer a specification under a charge to a 

20 general court-martial unless the staff judge advocate 

21 advises the convening authority in writing that— 

22 ‘‘(A) the specification alleges an offense 

23 under this chapter; 

24 ‘‘(B) there is probable cause to believe that 

25 the accused committed the offense charged; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1420 

HR 4909 PCS

1 ‘‘(C) a court-martial would have jurisdic2 tion over the accused and the offense. 

3 ‘‘(2) STAFF JUDGE ADVOCATE RECOMMENDA4 TION AS TO DISPOSITION.—Together with the writ5 ten advice provided under paragraph (1), the staff 

6 judge advocate shall provide a written recommenda7 tion to the convening authority as to the disposition 

8 that should be made of the specification in the inter9 est of justice and discipline. 

10 ‘‘(3) STAFF JUDGE ADVOCATE ADVICE AND

11 RECOMMENDATION TO ACCOMPANY REFERRAL.— 

12 When a convening authority makes a referral for 

13 trial by general court-martial, the written advice of 

14 the staff judge advocate under paragraph (1) and 

15 the written recommendation of the staff judge advo16 cate under paragraph (2) with respect to each speci17 fication shall accompany the referral. 

18 ‘‘(b) SPECIAL COURT-MARTIAL; CONVENING AU19 THORITY CONSULTATION WITH JUDGE ADVOCATE.—Be20 fore referral of charges and specifications to a special 

21 court-martial for trial, the convening authority shall con22 sult a judge advocate on relevant legal issues. 

23 ‘‘(c) GENERAL AND SPECIAL COURTS-MARTIAL; COR24 RECTION OF CHARGES AND SPECIFICATIONS BEFORE RE25 FERRAL.—Before referral for trial by general court-marVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01420 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1421 

HR 4909 PCS

1 tial or special court-martial, changes may be made to 

2 charges and specifications— 

3 ‘‘(1) to correct errors in form; and 

4 ‘‘(2) when applicable, to conform to the sub5 stance of the evidence contained in a report under 

6 section 832(c) of this title (article 32(c)). 

7 ‘‘(d) DEFINITION.—In this section, the term ‘refer8 ral’ means the order of a convening authority that charges 

9 and specifications against an accused be tried by a speci10 fied court-martial.’’. 

11 SEC. 6505. SERVICE OF CHARGES AND COMMENCEMENT OF 

12 TRIAL. 

13 Section 835 of title 10, United States Code (article 

14 35 of the Uniform Code of Military Justice), is amended 

15 to read as follows: 

16 ‘‘§ 835. Art. 35. Service of charges; commencement of 

17 trial 

18 ‘‘(a) IN GENERAL.—Trial counsel detailed for a 

19 court-martial under section 827 of this title (article 27) 

20 shall cause to be served upon the accused a copy of the 

21 charges and specifications referred for trial. 

22 ‘‘(b) COMMENCEMENT OF TRIAL.—(1) Subject to 

23 paragraphs (2) and (3), no trial or other proceeding of 

24 a general court-martial or a special court-martial (includVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01421 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1422 

HR 4909 PCS

1 ing any session under section 839(a) of this title (article 

2 39(a)) may be held over the objection of the accused— 

3 ‘‘(A) with respect to a general court-martial, 

4 from the time of service through the fifth day after 

5 the date of service; or 

6 ‘‘(B) with respect to a special court-martial, 

7 from the time of service through the third day after 

8 the date of service. 

9 ‘‘(2) An objection under paragraph (1) may be raised 

10 only at the first session of the trial or other proceeding 

11 and only if the first session occurs before the end of the 

12 applicable period under paragraph (1)(A) or (1)(B). If the 

13 first session occurs before the end of the applicable period, 

14 the military judge shall, at that session, inquire as to 

15 whether the defense objects under this subsection. 

16 ‘‘(3) This subsection shall not apply in time of war.’’. 

17 TITLE LXVI—TRIAL PROCEDURE 

18 SEC. 6601. DUTIES OF ASSISTANT DEFENSE COUNSEL. 

19 Subsection (e) of section 838 of title 10, United 

20 States Code (article 38 of the Uniform Code of Military 

21 Justice), is amended by striking ‘‘, under the direction’’ 

22 and all that follows through ‘‘(article 27),’’. 

23 SEC. 6602. SESSIONS. 

24 Section 839 of title 10, United States Code (article 

25 39 of the Uniform Code of Military Justice), is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
1423 

HR 4909 PCS

1 (1) in subsection (a)— 

2 (A) by redesignating paragraph (4) as 

3 paragraph (5); and 

4 (B) by striking paragraph (3) and insert5 ing the following new paragraphs: 

6 ‘‘(3) holding the arraignment and receiving the 

7 pleas of the accused; 

8 ‘‘(4) conducting a sentencing proceeding and 

9 sentencing the accused; and’’; and 

10 (2) in the second sentence of subsection (c), by 

11 striking ‘‘, in cases in which a military judge has 

12 been detailed to the court,’’. 

13 SEC. 6603. TECHNICAL AMENDMENT RELATING TO CON14 TINUANCES. 

15 Section 840 of title 10, United States Code (article 

16 40 of the Uniform Code of Military Justice), is amended 

17 by striking ‘‘court-martial without a military judge’’ and 

18 inserting ‘‘summary court-martial’’. 

19 SEC. 6604. CONFORMING AMENDMENTS RELATING TO 

20 CHALLENGES. 

21 Section 841 of title 10, United States Code (article 

22 41 of the Uniform Code of Military Justice), is amended— 

23 (1) in subsection (a)(1), by striking ‘‘, or, if 

24 none, the court,’’ in the second sentence; 


emcdonald on DSK3SPTVN1PROD with BILLS
1424 

HR 4909 PCS

1 (2) in subsection (a)(2) by striking ‘‘minimum’’ 

2 in the first sentence; and 

3 (3) in subsection (b)(2), by striking ‘‘min4 imum’’. 

5 SEC. 6605. STATUTE OF LIMITATIONS. 

6 (a) INCREASE IN PERIOD FOR CHILD ABUSE OF7 FENSES.—Subsection (b)(2)(A) of section 843 of title 10, 

8 United States Code (article 43 of the Uniform Code of 

9 Military Justice), is amended by striking ‘‘five years’’ and 

10 inserting ‘‘ten years’’. 

11 (b) INCREASE IN PERIOD FOR FRAUDULENT ENLIST12 MENT OR APPOINTMENT OFFENSES.—Such section (arti13 cle) is further amended by adding at the end the following 

14 new subsection: 

15 ‘‘(h) FRAUDULENT ENLISTMENT OR APPOINT16 MENT.—A person charged with fraudulent enlistment or 

17 fraudulent appointment under section 904a(1) of this title 

18 (article 104a(1)) may be tried by court-martial if the 

19 sworn charges and specifications are received by an officer 

20 exercising summary court-martial jurisdiction with respect 

21 to that person, as follows: 

22 ‘‘(1) In the case of an enlisted member, during 

23 the period of the enlistment or five years, whichever 

24 provides a longer period. 


emcdonald on DSK3SPTVN1PROD with BILLS
1425 

HR 4909 PCS

1 ‘‘(2) In the case of an officer, during the period 

2 of the appointment or five years, whichever provides 

3 a longer period.’’. 

4 (c) DNA EVIDENCE.—Such section (article), as 

5 amended by subsection (b), is further amended by adding 

6 at the end the following new subsection: 

7 ‘‘(i) DNA EVIDENCE.—If DNA testing implicates an 

8 identified person in the commission of an offense punish9 able by confinement for more than one year, no statute 

10 of limitations that would otherwise preclude prosecution 

11 of the offense shall preclude such prosecution until a pe12 riod of time following the implication of the person by 

13 DNA testing has elapsed that is equal to the otherwise 

14 applicable limitation period.’’. 

15 (d) CONFORMING AMENDMENTS.—Such section (ar16 ticle) is further amended in subsection (b)(2)(B) by strik17 ing clauses (i) through (v) and inserting the following: 

18 ‘‘(i) Any offense in violation of section 

19 920, 920a, 920b, 920c, or 930 of this title 

20 (article 120, 120a, 120b, 120c, or 130), 

21 unless the offense is covered by subsection 

22 (a). 

23 ‘‘(ii) Maiming in violation of section 

24 928a of this title (article 128a). 


emcdonald on DSK3SPTVN1PROD with BILLS
1426 

HR 4909 PCS

1 ‘‘(iii) Aggravated assault, assault con2 summated by a battery, or assault with in3 tent to commit specified offenses in viola4 tion of section 928 of this title (article 

5 128). 

6 ‘‘(iv) Kidnapping in violation of sec7 tion 925 of this title (article 125).’’. 

8 (e) APPLICATION.—The amendments made by sub9 sections (a), (b), (c), and (d) shall apply to the prosecution 

10 of any offense committed before, on, or after the date of 

11 the enactment of this subsection if the applicable limita12 tion period has not yet expired. 

13 SEC. 6606. FORMER JEOPARDY. 

14 Subsection (c) of section 844 of title 10, United 

15 States Code (article 44 of the Uniform Code of Military 

16 Justice), is amended to read as follows: 

17 ‘‘(c)(1) A court-martial with a military judge alone 

18 is a trial in the sense of this section (article) if, without 

19 fault of the accused— 

20 ‘‘(A) after introduction of evidence; and 

21 ‘‘(B) before announcement of findings under 

22 section 853 of this title (article 53); 

23 the case is dismissed or terminated by the convening 

24 authority or on motion of the prosecution for failure 

25 of available evidence or witnesses. 


emcdonald on DSK3SPTVN1PROD with BILLS
1427 

HR 4909 PCS

1 ‘‘(2) A court-martial with a military judge and 

2 members is a trial in the sense of this section (arti3 cle) if, without fault of the accused— 

4 ‘‘(A) after the members, having taken an 

5 oath as members under section 842 of this title 

6 (article 42) and after completion of challenges 

7 under section 841 of this title (article 41), are 

8 impaneled; and 

9 ‘‘(B) before announcement of findings 

10 under section 853 of this title (article 53); 

11 the case is dismissed or terminated by the convening 

12 authority or on motion of the prosecution for failure 

13 of available evidence or witnesses.’’. 

14 SEC. 6607. PLEAS OF THE ACCUSED. 

15 (a) PLEAS OF GUILTY.—Subsection (b) of section 

16 845 of title 10, United States Code (article 45 of the Uni17 form Code of Military Justice), is amended— 

18 (1) in the first sentence, by striking ‘‘may be 

19 adjudged’’ and inserting ‘‘is mandatory’’; and 

20 (2) in the second sentence— 

21 (A) by striking ‘‘or by a court-martial 

22 without a military judge’’; and 

23 (B) by striking ‘‘, if permitted by regula24 tions of the Secretary concerned,’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1428 

HR 4909 PCS

1 (b) HARMLESS ERROR.—Such section (article) is fur2 ther amended by adding at the end the following new sub3 section: 

4 ‘‘(c) HARMLESS ERROR.—A variance from the re5 quirements of this article is harmless error if the variance 

6 does not materially prejudice the substantial rights of the 

7 accused.’’. 

8 SEC. 6608. CONTEMPT. 

9 (a) AUTHORITY TO PUNISH.—Subsection (a) of sec10 tion 848 of title 10, United States Code (article 48 of the 

11 Uniform Code of Military Justice), is amended to read as 

12 follows: 

13 ‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to 

14 any proceeding under this chapter, a judicial officer speci15 fied in paragraph (2) may punish for contempt any person 

16 who— 

17 ‘‘(A) uses any menacing word, sign, or gesture 

18 in the presence of the judicial officer during the pro19 ceeding; 

20 ‘‘(B) disturbs the proceeding by any riot or dis21 order; or 

22 ‘‘(C) willfully disobeys a lawful writ, process, 

23 order, rule, decree, or command issued with respect 

24 to the proceeding. 


emcdonald on DSK3SPTVN1PROD with BILLS
1429 

HR 4909 PCS

1 ‘‘(2) A judicial officer referred to in paragraph (1) 

2 is any of the following: 

3 ‘‘(A) Any judge of the Court of Appeals for the 

4 Armed Forces and any judge of a Court of Criminal 

5 Appeals under section 866 of this title (article 66). 

6 ‘‘(B) Any military judge detailed to a court7 martial, a provost court, a military commission, or 

8 any other proceeding under this chapter. 

9 ‘‘(C) Any military magistrate designated to pre10 side under section 819 of this title (article 19).’’. 

11 (b) REVIEW.—Such section (article) is further 

12 amended— 

13 (1) by redesignating subsection (c) as sub14 section (d); and 

15 (2) by inserting after subsection (b) the fol16 lowing new subsection (c): 

17 ‘‘(c) REVIEW.—A punishment under this section— 

18 ‘‘(1) if imposed by a military judge or military 

19 magistrate, may be reviewed by the Court of Crimi20 nal Appeals in accordance with the uniform rules of 

21 procedure for the Courts of Criminal Appeals under 

22 section 866(g) of this title (article 66(g)); and 

23 ‘‘(2) if imposed by a judge of the Court of Ap24 peals for the Armed Forces or a judge of a Court 

25 of Criminal Appeals, shall constitute a judgment of 


emcdonald on DSK3SPTVN1PROD with BILLS
1430 

HR 4909 PCS

1 the court, subject to review under the applicable pro2 visions of section 867 or 867a of this title (article 

3 67 or 67a).’’. 

4 (c) SECTION HEADING.—The heading for such sec5 tion (article) is amended to read as follows: 

6 ‘‘§ 848. Art. 48. Contempt’’. 

7 SEC. 6609. DEPOSITIONS. 

8 Section 849 of title 10, United States Code (article 

9 49 of the Uniform Code of Military Justice), is amended 

10 to read as follows: 

11 ‘‘§ 849. Art. 49. Depositions 

12 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), a 

13 convening authority or a military judge may order deposi14 tions at the request of any party. 

15 ‘‘(2) A deposition may be ordered under paragraph 

16 (1) only if the requesting party demonstrates that, due 

17 to exceptional circumstances, it is in the interest of justice 

18 that the testimony of a prospective witness be preserved 

19 for use at a court-martial, military commission, court of 

20 inquiry, or other military court or board. 

21 ‘‘(3) A party who requests a deposition under this 

22 section shall give to every other party reasonable written 

23 notice of the time and place for the deposition. 


emcdonald on DSK3SPTVN1PROD with BILLS
1431 

HR 4909 PCS

1 ‘‘(4) A deposition under this section shall be taken 

2 before, and authenticated by, an impartial officer, as fol3 lows: 

4 ‘‘(A) Whenever practicable, by an impartial 

5 judge advocate certified under section 827(b) of this 

6 title (article 27(b)). 

7 ‘‘(B) In exceptional circumstances, by an im8 partial military or civil officer authorized to admin9 ister oaths by (i) the laws of the United States or 

10 (ii) the laws of the place where the deposition is 

11 taken. 

12 ‘‘(b) REPRESENTATION BY COUNSEL.—Representa13 tion of the parties with respect to a deposition shall be 

14 by counsel detailed in the same manner as trial counsel 

15 and defense counsel are detailed under section 827 of this 

16 title (article 27). In addition, the accused shall have the 

17 right to be represented by civilian or military counsel in 

18 the same manner as such counsel are provided for in sec19 tion 838(b) of this title (article 38(b)). 

20 ‘‘(c) ADMISSIBILITY AND USE AS EVIDENCE.—A dep21 osition order under subsection (a) does not control the ad22 missibility of the deposition in a court-martial or other 

23 proceeding under this chapter. Except as provided by sub24 section (d), a party may use all or part of a deposition 

25 as provided by the rules of evidence. 


emcdonald on DSK3SPTVN1PROD with BILLS
1432 

HR 4909 PCS

1 ‘‘(d) CAPITAL CASES.—Testimony by deposition may 

2 be presented in capital cases only by the defense.’’. 

3 SEC. 6610. ADMISSIBILITY OF SWORN TESTIMONY BY 

4 AUDIOTAPE OR VIDEOTAPE FROM RECORDS 

5 OF COURTS OF INQUIRY. 

6 (a) IN GENERAL.—Section 850 of title 10, United 

7 States Code (article 50 of the Uniform Code of Military 

8 Justice), is amended by adding at the end the following 

9 new subsection: 

10 ‘‘(d) AUDIOTAPE OR VIDEOTAPE.—Sworn testimony 

11 that— 

12 ‘‘(1) is recorded by audiotape, videotape, or 

13 similar method; and 

14 ‘‘(2) is contained in the duly authenticated 

15 record of proceedings of a court of inquiry; 

16 is admissible before a court-martial, military commission, 

17 court of inquiry, or military board, to the same extent as 

18 sworn testimony may be read in evidence before any such 

19 body under subsection (a), (b), or (c).’’. 

20 (b) SECTION HEADING.—The heading for such sec21 tion (article) is amended to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1433 

HR 4909 PCS

1 ‘‘§ 850. Art. 50. Admissibility of sworn testimony from 

2 records of courts of inquiry’’. 

3 SEC. 6611. CONFORMING AMENDMENT RELATING TO DE4 FENSE OF LACK OF MENTAL RESPONSI5 BILITY. 

6 Section 850a(c) of title 10, United States Code (arti7 cle 50a(c) of the Uniform Code of Military Justice), is 

8 amended by striking ‘‘, or the president of a court-martial 

9 without a military judge,’’. 

10 SEC. 6612. VOTING AND RULINGS. 

11 Section 851 of title 10, United States Code (article 

12 51 of the Uniform Code of Military Justice), is amended— 

13 (1) in subsection (a), by striking ‘‘, and by 

14 members of a court-martial without a military judge 

15 upon questions of challenge,’’ in the first sentence; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘and, except for questions 

18 of challenge, the president of a court-martial 

19 without a military judge’’ in the first sentence; 

20 and 

21 (B) by striking ‘‘, or by the president’’ in 

22 the second sentence and all that follows through 

23 the end of the subsection and inserting ‘‘is final 

24 and constitutes the ruling of the court, except 

25 that the military judge may change a ruling at 

26 any time during trial.’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1434 

HR 4909 PCS

1 (3) in subsection (c), by striking ‘‘or the presi2 dent of a court-martial without a military judge’’ in 

3 the matter before paragraph (1). 

4 SEC. 6613. VOTES REQUIRED FOR CONVICTION, SEN5 TENCING, AND OTHER MATTERS. 

6 Section 852 of title 10, United States Code (article 

7 52 of the Uniform Code of Military Justice), is amended 

8 to read as follows: 

9 ‘‘§ 852. Art. 52. Votes required for conviction, sen10 tencing, and other matters 

11 ‘‘(a) IN GENERAL.—No person may be convicted of 

12 an offense in a general or special court-martial, other 

13 than— 

14 ‘‘(1) after a plea of guilty under section 845(b) 

15 of this title (article 45(b)); 

16 ‘‘(2) by a military judge in a court-martial with 

17 a military judge alone, under section 816 of this title 

18 (article 16); or 

19 ‘‘(3) in a court-martial with members under 

20 section 816 of this title (article 16), by the concur21 rence of at least three-fourths of the members 

22 present when the vote is taken. 

23 ‘‘(b) LEVEL OF CONCURRENCE REQUIRED.— 

24 ‘‘(1) IN GENERAL.—Except as provided in sub25 section (a) and in paragraph (2), all matters to be 


emcdonald on DSK3SPTVN1PROD with BILLS
1435 

HR 4909 PCS

1 decided by members of a general or special court2 martial shall be determined by a majority vote, but 

3 a reconsideration of a finding of guilty or reconsider4 ation of a sentence, with a view toward decreasing 

5 the sentence, may be made by any lesser vote which 

6 indicates that the reconsideration is not opposed by 

7 the number of votes required for that finding or sen8 tence. 

9 ‘‘(2) SENTENCING.—A sentence of death re10 quires (A) a unanimous finding of guilty of an of11 fense in this chapter expressly made punishable by 

12 death and (B) a unanimous determination by the 

13 members that the sentence for that offense shall in14 clude death. All other sentences imposed by mem15 bers shall be determined by the concurrence of at 

16 least three-fourths of the members present when the 

17 vote is taken.’’. 

18 SEC. 6614. PLEA AGREEMENTS. 

19 Subchapter VII of chapter 47 of title 10, United 

20 States Code, is amended by inserting after section 853 

21 (article 53 of the Uniform Code of Military Justice) the 

22 following: 

23 ‘‘§ 853a. Art. 53a. Plea agreements 

24 ‘‘(a) IN GENERAL.—(1) At any time before the an25 nouncement of findings under section 853 of this title (arVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01435 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1436 

HR 4909 PCS

1 ticle 53), the convening authority and the accused may 

2 enter into a plea agreement with respect to such matters 

3 as— 

4 ‘‘(A) the manner in which the convening au5 thority will dispose of one or more charges and spec6 ifications; and 

7 ‘‘(B) limitations on the sentence that may be 

8 adjudged for one or more charges and specifications. 

9 ‘‘(2) The military judge of a general or special court10 martial may not participate in discussions between the 

11 parties concerning prospective terms and conditions of a 

12 plea agreement. 

13 ‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject 

14 to subsection (c), the military judge of a general or special 

15 court-martial shall accept a plea agreement submitted by 

16 the parties, except that the military judge may reject a 

17 plea agreement that proposes a sentence if the military 

18 judge determines that the proposed sentence is plainly un19 reasonable. 

20 ‘‘(c) LIMITATION ON ACCEPTANCE OF PLEA AGREE21 MENTS.—The military judge of a general or special court22 martial shall reject a plea agreement that— 

23 ‘‘(1) contains a provision that has not been ac24 cepted by both parties; 


emcdonald on DSK3SPTVN1PROD with BILLS
1437 

HR 4909 PCS

1 ‘‘(2) contains a provision that is not understood 

2 by the accused; or 

3 ‘‘(3) except as provided in subsection (d), con4 tains a provision for a sentence that is less than the 

5 mandatory minimum sentence applicable to an of6 fense referred to in section 856(b)(2) of this title 

7 (article 56(b)(2)). 

8 ‘‘(d) LIMITED CONDITIONS FOR ACCEPTANCE OF

9 PLEA AGREEMENT FOR SENTENCE BELOW MANDATORY

10 MINIMUM FOR CERTAIN OFFENSES.—With respect to an 

11 offense referred to in section 856(b)(2) of this title (article 

12 56(b)(2))— 

13 ‘‘(1) the military judge may accept a plea 

14 agreement that provides for a sentence of bad con15 duct discharge; and 

16 ‘‘(2) upon recommendation of the trial counsel, 

17 in exchange for substantial assistance by the accused 

18 in the investigation or prosecution of another person 

19 who has committed an offense, the military judge 

20 may accept a plea agreement that provides for a 

21 sentence that is less than the mandatory minimum 

22 sentence for the offense charged. 

23 ‘‘(e) BINDING EFFECT OF PLEA AGREEMENT.— 

24 Upon acceptance by the military judge of a general or speVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01437 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1438 

HR 4909 PCS

1 cial court-martial, a plea agreement shall bind the parties 

2 and the military judge.’’. 

3 SEC. 6615. RECORD OF TRIAL. 

4 Section 854 of title 10, United States Code (article 

5 54 of the Uniform Code of Military Justice), is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) GENERAL AND SPECIAL COURTS-MARTIAL.— 

9 Each general or special court-martial shall keep a separate 

10 record of the proceedings in each case brought before it. 

11 The record shall be certified by a court-reporter, except 

12 that in the case of death, disability, or absence of a court 

13 reporter, the record shall be certified by an official selected 

14 as the President may prescribe by regulation.’’; 

15 (2) in subsection (b)— 

16 (A) by striking ‘‘(b) Each special and sum17 mary court-martial’’ and inserting‘‘(b) SUM18 MARY COURT-MARTIAL.—Each summary 

19 court-martial’’; and 

20 (B) by striking ‘‘authenticated’’ and insert21 ing ‘‘certified’’; 

22 (3) by striking subsection (c) and inserting the 

23 following: 


emcdonald on DSK3SPTVN1PROD with BILLS
1439 

HR 4909 PCS

1 ‘‘(c) CONTENTS OF RECORD.—(1) Except as pro2 vided in paragraph (2), the record shall contain such mat3 ters as the President may prescribe by regulation. 

4 ‘‘(2) In accordance with regulations prescribed by the 

5 President, a complete record of proceedings and testimony 

6 shall be prepared in any case of a sentence of death, dis7 missal, discharge, confinement for more than six months, 

8 or forfeiture of pay for more than six months.’’. 

9 (4) in subsection (d)— 

10 (A) by striking ‘‘(d) A copy’’ and inserting 

11 ‘‘(d) EVIDENCE.—A copy’’; and 

12 (B) by striking ‘‘authenticated’’ and insert13 ing ‘‘certified’’; and 

14 (5) in subsection (e)— 

15 (A) by striking ‘‘involving a sexual assault 

16 or other offense covered by section 920 of this 

17 title (article 120)’’ in the first sentence and in18 serting ‘‘upon request,’’; and 

19 (B) by striking ‘‘authenticated’’ in the sec20 ond sentence and inserting ‘‘certified’’. 

21 TITLE LXVII—SENTENCES 

22 SEC. 6701. SENTENCING. 

23 (a) IN GENERAL.—Section 856 of title 10, United 

24 States Code (article 56 of the Uniform Code of Military 

25 Justice), is amended to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1440 

HR 4909 PCS

1 ‘‘§ 856. Art. 56. Sentencing 

2 ‘‘(a) SENTENCE MAXIMUMS.—The punishment which 

3 a court-martial may direct for an offense may not exceed 

4 such limits as the President may prescribe for that of5 fense. 

6 ‘‘(b) SENTENCE MINIMUMS FOR CERTAIN OF7 FENSES.—(1) Except as provided in subsection (d) of sec8 tion 853a of this title (article 53a), punishment for any 

9 offense specified in paragraph (2) shall include dismissal 

10 or dishonorable discharge, as applicable. 

11 ‘‘(2) The offenses referred to in paragraph (1) are 

12 as follows: 

13 ‘‘(A) Rape under subsection (a) of section 920 

14 of this title (article 120). 

15 ‘‘(B) Sexual assault under subsection (b) of 

16 such section (article). 

17 ‘‘(C) Rape of a child under subsection (a) of 

18 section 920b of this title (article 120b). 

19 ‘‘(D) Sexual assault of a child under subsection 

20 (b) of such section (article). 

21 ‘‘(E) An attempt to commit an offense specified 

22 in subparagraph (A), (B), (C), or (D) that is pun23 ishable under section 880 of this title (article 80). 

24 ‘‘(F) Conspiracy to commit an offense specified 

25 in subparagraph (A), (B), (C), or (D) that is pun26 ishable under section 881 of this title (article 81). 


emcdonald on DSK3SPTVN1PROD with BILLS
1441 

HR 4909 PCS

1 ‘‘(c) IMPOSITION OF SENTENCE.— 

2 ‘‘(1) IN GENERAL.—In sentencing an accused 

3 under section 853 of this title (article 53), a court4 martial shall impose punishment that is sufficient, 

5 but not greater than necessary, to promote justice 

6 and to maintain good order and discipline in the 

7 armed forces, taking into consideration— 

8 ‘‘(A) the nature and circumstances of the 

9 offense and the history and characteristics of 

10 the accused; 

11 ‘‘(B) the impact of the offense on— 

12 ‘‘(i) the financial, social, psychological, 

13 or medical well-being of any victim of the 

14 offense; and 

15 ‘‘(ii) the mission, discipline, or effi16 ciency of the command of the accused and 

17 any victim of the offense; 

18 ‘‘(C) the need for the sentence— 

19 ‘‘(i) to reflect the seriousness of the 

20 offense; 

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

22 ‘‘(iii) to provide just punishment for 

23 the offense; 

24 ‘‘(iv) to promote adequate deterrence 

25 of misconduct; 


emcdonald on DSK3SPTVN1PROD with BILLS
1442 

HR 4909 PCS

1 ‘‘(v) to protect others from further 

2 crimes by the accused; 

3 ‘‘(vi) to rehabilitate the accused; and 

4 ‘‘(vii) to provide, in appropriate cases, 

5 the opportunity for retraining and return 

6 to duty to meet the needs of the service; 

7 and 

8 ‘‘(D) the sentences available under this 

9 chapter. 

10 ‘‘(2) OFFENSE BASED SENTENCING IN GEN11 ERAL AND SPECIAL COURTS-MARTIAL.—In announc12 ing the sentence under section 853 of this title (arti13 cle 53) in a general or special court-martial, the 

14 court-martial shall, with respect to each offense of 

15 which the accused is found guilty, specify the term 

16 of confinement, if any, and the amount of the fine, 

17 if any. If the accused is sentenced to confinement 

18 for more than one offense, the court-martial shall 

19 specify whether the terms of confinement are to run 

20 consecutively or concurrently. 

21 ‘‘(3) SENTENCE OF CONFINEMENT FOR LIFE

22 WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an of23 fense is subject to a sentence of confinement for life, 

24 a court-martial may impose a sentence of confine25 ment for life without eligibility for parole. 


emcdonald on DSK3SPTVN1PROD with BILLS
1443 

HR 4909 PCS

1 ‘‘(B) An accused who is sentenced to confine2 ment for life without eligibility for parole shall be 

3 confined for the remainder of the accused’s life un4 less— 

5 ‘‘(i) the sentence is set aside or otherwise 

6 modified as a result of— 

7 ‘‘(I) action taken by the convening au8 thority or the Secretary concerned; or 

9 ‘‘(II) any other action taken during 

10 post-trial procedure and review under any 

11 other provision of subchapter IX of this 

12 chapter; 

13 ‘‘(ii) the sentence is set aside or otherwise 

14 modified as a result of action taken by a Court 

15 of Criminal Appeals, the Court of Appeals for 

16 the Armed Forces, or the Supreme Court; or 

17 ‘‘(iii) the accused is pardoned. 

18 ‘‘(d) APPEAL OF SENTENCE BY THE UNITED

19 STATES.—(1) With the approval of the Judge Advocate 

20 General concerned, the Government may appeal a sentence 

21 to the Court of Criminal Appeals, on the grounds that— 

22 ‘‘(A) the sentence violates the law; or 

23 ‘‘(B) the sentence is plainly unreasonable. 

24 ‘‘(2) An appeal under this subsection must be filed 

25 within 60 days after the date on which the judgment of 


emcdonald on DSK3SPTVN1PROD with BILLS
1444 

HR 4909 PCS

1 a court-martial is entered into the record under section 

2 860c of this title (article 60c).’’. 

3 (b) CONFORMING AMENDMENT.—Section 856a of 

4 title 10, United States Code (article 56a of the Uniform 

5 Code of Military Justice), is repealed. 

6 SEC. 6701A. MINIMUM CONFINEMENT PERIOD REQUIRED 

7 FOR CONVICTION OF CERTAIN SEX-RELATED 

8 OFFENSES COMMITTED BY MEMBERS OF THE 

9 ARMED FORCES. 

10 (a) MANDATORY PUNISHMENTS.—Subsection (b)(1) 

11 of section 856 of title 10, United States Code (article 56 

12 of the Uniform Code of Military Justice), as amended by 

13 section 6701, is further amended by striking ‘‘shall include 

14 dismissal or dishonorable discharge, as applicable.’’ and 

15 inserting the following: ‘‘shall include, at a minimum— 

16 ‘‘(A) dismissal or dishonorable discharge, as ap17 plicable; and 

18 ‘‘(B) confinement for two years.’’. 

19 (b) APPLICATION OF AMENDMENT.—Subparagraph 

20 (B) of paragraph (1) of section 856(b) of title 10, United 

21 States Code (article 56(b) of the Uniform Code of Military 

22 Justice), as added by subsection (a), shall apply to of23 fenses specified in paragraph (2) of such section com24 mitted on or after the date that is 180 days after the date 

25 of the enactment of this Act. 


emcdonald on DSK3SPTVN1PROD with BILLS
1445 

HR 4909 PCS

1 SEC. 6702. EFFECTIVE DATE OF SENTENCES. 

2 (a) IN GENERAL.—Section 857 of title 10, United 

3 States Code (article 57 of the Uniform Code of Military 

4 Justice), is amended to read as follows: 

5 ‘‘§ 857. Art. 57. Effective date of sentences 

6 ‘‘(a) EXECUTION OF SENTENCES.—A court-martial 

7 sentence shall be executed and take effect as follows: 

8 ‘‘(1) FORFEITURE AND REDUCTION.—A for9 feiture of pay or allowances shall be applicable to 

10 pay and allowances accruing on and after the date 

11 on which the sentence takes effect. Any forfeiture of 

12 pay or allowances or reduction in grade that is in13 cluded in a sentence of a court-martial takes effect 

14 on the earlier of— 

15 ‘‘(A) the date that is 14 days after the 

16 date on which the sentence is adjudged; or 

17 ‘‘(B) in the case of a summary court-mar18 tial, the date on which the sentence is approved 

19 by the convening authority. 

20 ‘‘(2) CONFINEMENT.—Any period of confine21 ment included in a sentence of a court-martial be22 gins to run from the date the sentence is adjudged 

23 by the court-martial, but periods during which the 

24 sentence to confinement is suspended or deferred 

25 shall be excluded in computing the service of the 

26 term of confinement. 


emcdonald on DSK3SPTVN1PROD with BILLS
1446 

HR 4909 PCS

1 ‘‘(3) APPROVAL OF SENTENCE OF DEATH.—If 

2 the sentence of the court-martial extends to death, 

3 that part of the sentence providing for death may 

4 not be executed until approved by the President. In 

5 such a case, the President may commute, remit, or 

6 suspend the sentence, or any part thereof, as the 

7 President sees fit. That part of the sentence pro8 viding for death may not be suspended. 

9 ‘‘(4) APPROVAL OF DISMISSAL.—If in the case 

10 of a commissioned officer, cadet, or midshipman, the 

11 sentence of a court-martial extends to dismissal, that 

12 part of the sentence providing for dismissal may not 

13 be executed until approved by the Secretary con14 cerned or such Under Secretary or Assistant Sec15 retary as may be designated by the Secretary con16 cerned. In such a case, the Secretary, Under Sec17 retary, or Assistant Secretary, as the case may be, 

18 may commute, remit, or suspend the sentence, or 

19 any part of the sentence, as the Secretary sees fit. 

20 In time of war or national emergency he may com21 mute a sentence of dismissal to reduction to any en22 listed grade. A person so reduced may be required 

23 to serve for the duration of the war or emergency 

24 and six months thereafter. 


emcdonald on DSK3SPTVN1PROD with BILLS
1447 

HR 4909 PCS

1 ‘‘(5) COMPLETION OF APPELLATE REVIEW.—If 

2 a sentence extends to death, dismissal, or a dishon3 orable or bad-conduct discharge, that part of the 

4 sentence extending to death, dismissal, or a dishon5 orable or bad-conduct discharge may be executed, in 

6 accordance with service regulations, after completion 

7 of appellate review (and, with respect to death or 

8 dismissal, approval under paragraph (3) or (4), as 

9 appropriate). 

10 ‘‘(6) OTHER SENTENCES.—Except as otherwise 

11 provided in this subsection, a general or special 

12 court-martial sentence is effective upon entry of 

13 judgment and a summary court-martial sentence is 

14 effective when the convening authority acts on the 

15 sentence. 

16 ‘‘(b) DEFERRAL OF SENTENCES.—(1) On application 

17 by an accused, the convening authority or, if the accused 

18 is no longer under his jurisdiction, the officer exercising 

19 general court-martial jurisdiction over the command to 

20 which the accused is currently assigned, may, in his or 

21 her sole discretion, defer the effective date of a sentence 

22 of confinement, reduction, or forfeiture. The deferment 

23 shall terminate upon entry of judgment or, in the case of 

24 a summary court-martial, when the convening authority 

25 acts on the sentence. The deferment may be rescinded at 


emcdonald on DSK3SPTVN1PROD with BILLS
1448 

HR 4909 PCS

1 any time by the officer who granted it or, if the accused 

2 is no longer under his jurisdiction, by the officer exercising 

3 general court-martial jurisdiction over the command to 

4 which the accused is currently assigned. 

5 ‘‘(2) In any case in which a court-martial sentences 

6 a person referred to in paragraph (3) to confinement, the 

7 convening authority may defer the service of the sentence 

8 to confinement, without the consent of that person, until 

9 after the person has been permanently released to the 

10 armed forces by a State or foreign country referred to in 

11 that paragraph. 

12 ‘‘(3) Paragraph (2) applies to a person subject to this 

13 chapter who— 

14 ‘‘(A) while in the custody of a State or foreign 

15 country is temporarily returned by that State or for16 eign country to the armed forces for trial by court17 martial; and 

18 ‘‘(B) after the court-martial, is returned to that 

19 State or foreign country under the authority of a 

20 mutual agreement or treaty, as the case may be. 

21 ‘‘(4) In this subsection, the term ‘State’ includes the 

22 District of Columbia and any Commonwealth, territory, or 

23 possession of the United States. 

24 ‘‘(5) In any case in which a court-martial sentences 

25 a person to confinement, but in which review of the case 


emcdonald on DSK3SPTVN1PROD with BILLS
1449 

HR 4909 PCS

1 under section 867(a)(2) of this title (article 67(a)(2)) is 

2 pending, the Secretary concerned may defer further serv3 ice of the sentence to confinement while that review is 

4 pending. 

5 ‘‘(c) APPELLATE REVIEW.—(1) Appellate review is 

6 complete under this section when— 

7 ‘‘(A) a review under section 865 of this title 

8 (article 65) is completed; or 

9 ‘‘(B) a review under section 866 of this title 

10 (article 66) is completed by a Court of Criminal Ap11 peals and— 

12 ‘‘(i) the time for the accused to file a peti13 tion for review by the Court of Appeals for the 

14 Armed Forces has expired and the accused has 

15 not filed a timely petition for such review and 

16 the case is not otherwise under review by that 

17 Court; 

18 ‘‘(ii) such a petition is rejected by the 

19 Court of Appeals for the Armed Forces; or 

20 ‘‘(iii) review is completed in accordance 

21 with the judgment of the Court of Appeals for 

22 the Armed Forces and— 

23 ‘‘(I) a petition for a writ of certiorari 

24 is not filed within the time limits pre25 scribed by the Supreme Court; 


emcdonald on DSK3SPTVN1PROD with BILLS
1450 

HR 4909 PCS

1 ‘‘(II) such a petition is rejected by the 

2 Supreme Court; or 

3 ‘‘(III) review is otherwise completed in 

4 accordance with the judgment of the Su5 preme Court. 

6 ‘‘(2) The completion of appellate review shall con7 stitute a final judgment as to the legality of the pro8 ceedings.’’. 

9 (b) CONFORMING AMENDMENTS.—(1) Subchapter 

10 VIII of chapter 47 of title 10, United States Code, is 

11 amended by striking section 857a (article 57a of the Uni12 form Code of Military Justice). 

13 (2) Subchapter IX of chapter 47 of title 10, United 

14 States Code, is amended by striking section 871 (article 

15 71 of the Uniform Code of Military Justice). 

16 (3) The second sentence of subsection (a)(1) of sec17 tion 858b of title 10, United States Code (article 58b of 

18 the Uniform Code of Military Justice), is amended by 

19 striking ‘‘section 857(a) of this title (article 57(a))’’ and 

20 inserting ‘‘section 857 of this title (article 57)’’. 

21 SEC. 6703. SENTENCE OF REDUCTION IN ENLISTED GRADE. 

22 Section 858a of title 10, United States Code (article 

23 58a of the Uniform Code of Military Justice), is amend24 ed— 

25 (1) in subsection (a)— 


emcdonald on DSK3SPTVN1PROD with BILLS
1451 

HR 4909 PCS

1 (A) by striking ‘‘Unless otherwise provided 

2 in regulations to be prescribed by the Secretary 

3 concerned, a’’ and inserting ‘‘A’’; 

4 (B) by striking ‘‘as approved by the con5 vening authority’’ and inserting ‘‘as set forth in 

6 the judgment of the court-martial entered into 

7 the record under section 860c of this title (arti8 cle 60c)’’; and 

9 (C) in the matter after paragraph (3), by 

10 striking ‘‘of that approval’’ and inserting ‘‘on 

11 which the judgment is so entered’’; and 

12 (2) in subsection (b), by striking ‘‘disapproved, 

13 or, as finally approved’’ and inserting ‘‘reduced, or, 

14 as finally affirmed’’. 

15 TITLE LXVIII—POST-TRIAL PRO16 CEDURE AND REVIEW OF 

17 COURTS-MARTIAL 

18 SEC. 6801. POST-TRIAL PROCESSING IN GENERAL AND SPE19 CIAL COURTS-MARTIAL. 

20 Section 860 of title 10, United States Code (article 

21 60 of the Uniform Code of Military Justice), is amended 

22 to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1452 

HR 4909 PCS

1 ‘‘§ 860. Art. 60. Post-trial processing in general and 

2 special courts-martial 

3 ‘‘(a) STATEMENT OF TRIAL RESULTS.—(1) The mili4 tary judge of a general or special court-martial shall enter 

5 into the record of trial a document entitled ‘Statement of 

6 Trial Results’, which shall set forth— 

7 ‘‘(A) each plea and finding; 

8 ‘‘(B) the sentence, if any; and 

9 ‘‘(C) such other information as the President 

10 may prescribe by regulation. 

11 ‘‘(2) Copies of the Statement of Trial Results shall 

12 be provided promptly to the convening authority, the ac13 cused, and any victim of the offense. 

14 ‘‘(b) POST-TRIAL MOTIONS.—In accordance with reg15 ulations prescribed by the President, the military judge 

16 in a general or special court-martial shall address all post17 trial motions and other post-trial matters that— 

18 ‘‘(1) may affect a plea, a finding, the sentence, 

19 the Statement of Trial Results, the record of trial, 

20 or any post-trial action by the convening authority; 

21 and 

22 ‘‘(2) are subject to resolution by the military 

23 judge before entry of judgment.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1453 

HR 4909 PCS

1 SEC. 6802. LIMITED AUTHORITY TO ACT ON SENTENCE IN 

2 SPECIFIED POST-TRIAL CIRCUMSTANCES. 

3 Subchapter IX of chapter 47 of title 10, United 

4 States Code, is amended by inserting after section 860 

5 (article 60 of the Uniform Code of Military Justice), as 

6 amended by section 6801, the following new section (arti7 cle): 

8 ‘‘§ 860a. Art. 60a. Limited authority to act on sentence 

9 in specified post-trial circumstances 

10 ‘‘(a) IN GENERAL.—(1) The convening authority of 

11 a general or special court-martial described in paragraph 

12 (2)— 

13 ‘‘(A) may act on the sentence of the court-mar14 tial only as provided in subsection (b), (c), or (d); 

15 and 

16 ‘‘(B) may not act on the findings of the court17 martial. 

18 ‘‘(2) The courts-martial referred to in paragraph (1) 

19 are the following: 

20 ‘‘(A) A general or special court-martial in which 

21 the maximum sentence of confinement established 

22 under subsection (a) of section 856 of this title (arti23 cle 56) for any offense of which the accused is found 

24 guilty is more than two years. 


emcdonald on DSK3SPTVN1PROD with BILLS
1454 

HR 4909 PCS

1 ‘‘(B) A general or special court-martial in which 

2 the total of the sentences of confinement imposed, 

3 running consecutively, is more than six months. 

4 ‘‘(C) A general or special court-martial in which 

5 the sentence imposed includes a dismissal, dishonor6 able discharge, or bad-conduct discharge. 

7 ‘‘(D) A general or special court-martial in 

8 which the accused is found guilty of a violation of 

9 subsection (a) or (b) of section 920 of this title (ar10 ticle 120), section 920b of this title (article 120b), 

11 or such other offense as the Secretary of Defense 

12 may specify by regulation. 

13 ‘‘(3) Except as provided in subsection (d), the con14 vening authority may act under this section only before 

15 entry of judgment. 

16 ‘‘(4) Under regulations prescribed by the Secretary 

17 concerned, a commissioned officer commanding for the 

18 time being, a successor in command, or any person exer19 cising general court-martial jurisdiction may act under 

20 this section in place of the convening authority. 

21 ‘‘(b) REDUCTION, COMMUTATION, AND SUSPENSION

22 OF SENTENCES GENERALLY.—(1) Except as provided in 

23 subsection (c) or (d), the convening authority may not re24 duce, commute, or suspend any of the following sentences: 


emcdonald on DSK3SPTVN1PROD with BILLS
1455 

HR 4909 PCS

1 ‘‘(A) A sentence of confinement, if the total pe2 riod of confinement imposed for all offenses involved, 

3 running consecutively, is greater than six months. 

4 ‘‘(B) A sentence of dismissal, dishonorable dis5 charge, or bad-conduct discharge. 

6 ‘‘(C) A sentence of death. 

7 ‘‘(2) The convening authority may reduce, commute, 

8 or suspend any sentence not specified in paragraph (1). 

9 ‘‘(c) SUSPENSION OF CERTAIN SENTENCES UPON

10 RECOMMENDATION OF MILITARY JUDGE.—(1) Upon rec11 ommendation of the military judge, as included in the 

12 Statement of Trial Results, together with an explanation 

13 of the facts supporting the recommendation, the convening 

14 authority may suspend— 

15 ‘‘(A) a sentence of confinement, in whole or in 

16 part; or 

17 ‘‘(B) a sentence of dismissal, dishonorable dis18 charge, or bad-conduct discharge. 

19 ‘‘(2) The convening authority may not, under para20 graph (1)— 

21 ‘‘(A) suspend a mandatory minimum sentence; 

22 or 

23 ‘‘(B) suspend a sentence to an extent in excess 

24 of the suspension recommended by the military 

25 judge. 


emcdonald on DSK3SPTVN1PROD with BILLS
1456 

HR 4909 PCS

1 ‘‘(d) REDUCTION OF SENTENCE FOR SUBSTANTIAL

2 ASSISTANCE BY ACCUSED.—(1) Upon a recommendation 

3 by the trial counsel, if the accused, after sentencing and 

4 before entry of judgment, provides substantial assistance 

5 in the investigation or prosecution of another person, the 

6 convening authority may reduce, commute, or suspend a 

7 sentence, in whole or in part, including any mandatory 

8 minimum sentence. 

9 ‘‘(2) Upon a recommendation by a trial counsel, des10 ignated in accordance with rules prescribed by the Presi11 dent, if the accused, after entry of judgment, provides sub12 stantial assistance in the investigation or prosecution of 

13 another person, a convening authority, designated under 

14 such regulations, may reduce, commute, or suspend a sen15 tence, in whole or in part, including any mandatory min16 imum sentence. 

17 ‘‘(3) In evaluating whether the accused has provided 

18 substantial assistance under this subsection, the convening 

19 authority may consider the presentence assistance of the 

20 accused. 

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

22 accordance with rules prescribed by the President, in de23 termining whether to act under this section, the convening 

24 authority shall consider matters submitted in writing by 


emcdonald on DSK3SPTVN1PROD with BILLS
1457 

HR 4909 PCS

1 the accused or any victim of an offense. Such rules shall 

2 include— 

3 ‘‘(A) procedures for notice of the opportunity to 

4 make such submissions; 

5 ‘‘(B) the deadlines for such submissions; and 

6 ‘‘(C) procedures for providing the accused and 

7 any victim of an offense with a copy of the recording 

8 of any open sessions of the court-martial and copies 

9 of, or access to, any admitted, unsealed exhibits. 

10 ‘‘(2) The convening authority shall not consider 

11 under this section any submitted matters that relate to 

12 the character of a victim unless such matters were pre13 sented as evidence at trial and not excluded at trial. 

14 ‘‘(f) DECISION OF CONVENING AUTHORITY.—(1) The 

15 decision of the convening authority under this section shall 

16 be forwarded to the military judge, with copies provided 

17 to the accused and to any victim of the offense. 

18 ‘‘(2) If, under this section, the convening authority 

19 reduces, commutes, or suspends the sentence, the decision 

20 of the convening authority shall include a written expla21 nation of the reasons for such action. 

22 ‘‘(3) If, under subsection (d)(2), the convening au23 thority reduces, commutes, or suspends the sentence, the 

24 decision of the convening authority shall be forwarded to 

25 the chief trial judge for appropriate modification of the 


emcdonald on DSK3SPTVN1PROD with BILLS
1458 

HR 4909 PCS

1 entry of judgment, which shall be transmitted to the 

2 Judge Advocate General for appropriate action.’’. 

3 SEC. 6803. POST-TRIAL ACTIONS IN SUMMARY COURTS4 MARTIAL AND CERTAIN GENERAL AND SPE5 CIAL COURTS-MARTIAL. 

6 Subchapter IX of chapter 47 of title 10, United 

7 States Code, is amended by inserting after section 860a 

8 (article 60a of the Uniform Code of Military Justice), as 

9 amended by section 6802, the following new section (arti10 cle): 

11 ‘‘§ 860b. Art. 60b. Post-trial actions in summary 

12 courts-martial and certain general and 

13 special courts-martial 

14 ‘‘(a) IN GENERAL.—(1) In a court-martial not speci15 fied in subsection (a)(2) of section 860a of this title (arti16 cle 60a), the convening authority may— 

17 ‘‘(A) dismiss any charge or specification by set18 ting aside the finding of guilty; 

19 ‘‘(B) change a finding of guilty to a charge or 

20 specification to a finding of guilty to a lesser in21 cluded offense; 

22 ‘‘(C) disapprove the findings and the sentence 

23 and dismiss the charges and specifications; 


emcdonald on DSK3SPTVN1PROD with BILLS
1459 

HR 4909 PCS

1 ‘‘(D) disapprove the findings and the sentence 

2 and order a rehearing as to the findings and the 

3 sentence; 

4 ‘‘(E) disapprove, commute, or suspend the sen5 tence, in whole or in part; or 

6 ‘‘(F) disapprove the sentence and order a re7 hearing as to the sentence. 

8 ‘‘(2) In a summary court-martial, the convening au9 thority shall approve the sentence or take other action on 

10 the sentence under paragraph (1). 

11 ‘‘(3) Except as provided in paragraph (4), the con12 vening authority may act under this section only before 

13 entry of judgment. 

14 ‘‘(4) The convening authority may act under this sec15 tion after entry of judgment in a general or special court16 martial in the same manner as the convening authority 

17 may act under subsection (d)(2) of section 860a of this 

18 title (article 60a). Such action shall be forwarded to the 

19 chief trial judge, who shall ensure appropriate modifica20 tion to the entry of judgment and shall transmit the entry 

21 of judgment to the Judge Advocate General for appro22 priate action. 

23 ‘‘(5) Under regulations prescribed by the Secretary 

24 concerned, a commissioned officer commanding for the 

25 time being, a successor in command, or any person exerVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01459 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1460 

HR 4909 PCS

1 cising general court-martial jurisdiction may act under 

2 this section in place of the convening authority. 

3 ‘‘(b) LIMITATIONS ON REHEARINGS.—The convening 

4 authority may not order a rehearing under this section— 

5 ‘‘(1) as to the findings, if there is insufficient 

6 evidence in the record to support the findings; 

7 ‘‘(2) to reconsider a finding of not guilty of any 

8 specification or a ruling which amounts to a finding 

9 of not guilty; or 

10 ‘‘(3) to reconsider a finding of not guilty of any 

11 charge, unless there has been a finding of guilty 

12 under a specification laid under that charge, which 

13 sufficiently alleges a violation of some article of this 

14 chapter. 

15 ‘‘(c) SUBMISSIONS BY ACCUSED AND VICTIM.—In ac16 cordance with rules prescribed by the President, in deter17 mining whether to act under this section, the convening 

18 authority shall consider matters submitted in writing by 

19 the accused or any victim of the offense. Such rules shall 

20 include the matter required by subsection (e) of section 

21 860a of this title (article 60a). 

22 ‘‘(d) DECISION OF CONVENING AUTHORITY.—(1) In 

23 a general or special court-martial, the decision of the con24 vening authority under this section shall be forwarded to 


emcdonald on DSK3SPTVN1PROD with BILLS
1461 

HR 4909 PCS

1 the military judge, with copies provided to the accused and 

2 to any victim of the offense. 

3 ‘‘(2) If the convening authority acts on the findings 

4 or the sentence under subsection (a)(1), the decision of 

5 the convening authority shall include a written explanation 

6 of the reasons for such action.’’. 

7 SEC. 6804. ENTRY OF JUDGMENT. 

8 Subchapter IX of chapter 47 of title 10, United 

9 States Code, is amended by inserting after section 860b 

10 (article 60b of the Uniform Code of Military Justice), as 

11 added by section 903, the following new section (article): 

12 ‘‘§ 860c. Art. 60c. Entry of judgment 

13 ‘‘(a) ENTRY OF JUDGMENT OF GENERAL OR SPE14 CIAL COURT-MARTIAL.—(1) In accordance with rules pre15 scribed by the President, in a general or special court-mar16 tial, the military judge shall enter into the record of trial 

17 the judgment of the court. The judgment of the court shall 

18 consist of the following: 

19 ‘‘(A) The Statement of Trial Results under sec20 tion 860 of this title (article 60). 

21 ‘‘(B) Any modifications of, or supplements to, 

22 the Statement of Trial Results by reason of— 

23 ‘‘(i) any post-trial action by the convening 

24 authority; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1462 

HR 4909 PCS

1 ‘‘(ii) any ruling, order, or other determina2 tion of the military judge that affects a plea, a 

3 finding, or the sentence. 

4 ‘‘(2) Under rules prescribed by the President, the 

5 judgment under paragraph (1) shall be— 

6 ‘‘(A) provided to the accused and to any victim 

7 of the offense; and 

8 ‘‘(B) made available to the public. 

9 ‘‘(b) SUMMARY COURT-MARTIAL JUDGMENT.—The 

10 findings and sentence of a summary court-martial, as 

11 modified by any post-trial action by the convening author12 ity under section 860b of this title (article 60b), con13 stitutes the judgment of the court-martial and shall be re14 corded and distributed under rules prescribed by the 

15 President.’’. 

16 SEC. 6805. WAIVER OF RIGHT TO APPEAL AND WITH17 DRAWAL OF APPEAL. 

18 Section 861 of title 10, United States Code (article 

19 61 of the Uniform Code of Military Justice), is amended 

20 to read as follows: 

21 ‘‘§ 861. Art. 61. Waiver of right to appeal; withdrawal 

22 of appeal 

23 ‘‘(a) WAIVER OF RIGHT TO APPEAL.—After entry of 

24 judgment in a general or special court-martial, under pro25 cedures prescribed by the Secretary concerned, the acVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01462 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1463 

HR 4909 PCS

1 cused may waive the right to appellate review in each case 

2 subject to such review under section 866 (article 66). Such 

3 a waiver shall be— 

4 ‘‘(1) signed by the accused and by defense 

5 counsel; and 

6 ‘‘(2) attached to the record of trial. 

7 ‘‘(b) WITHDRAWAL OF APPEAL.—In a general or spe8 cial court-martial, the accused may withdraw an appeal 

9 at any time. 

10 ‘‘(c) DEATH PENALTY CASE EXCEPTION.—Notwith11 standing subsections (a) and (b), an accused may not 

12 waive the right to appeal or withdraw an appeal with re13 spect to a judgment that includes a sentence of death. 

14 ‘‘(d) WAIVER OR WITHDRAWAL AS BAR.—A waiver 

15 or withdrawal under this section bars review under section 

16 866 of this title (article 66).’’. 

17 SEC. 6806. APPEAL BY THE UNITED STATES. 

18 Section 862 of title 10, United States Code (article 

19 62 of the Uniform Code of Military Justice), is amended— 

20 (1) in paragraph (1) of subsection (a)— 

21 (A) in the matter before subparagraph (A), 

22 by striking ‘‘court-martial’’ and all that follows 

23 through the colon at the end and inserting 

24 ‘‘general or special court-martial, the United 

25 States may appeal the following:’’; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1464 

HR 4909 PCS

1 (B) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(G) An order or ruling of the military 

4 judge entering a finding of not guilty with re5 spect to a charge or specification following the 

6 return of a finding of guilty by the members.’’; 

7 (2) in paragraph (2) of subsection (a)— 

8 (A) by striking ‘‘(2)’’ and inserting 

9 ‘‘(2)(A)’’; and 

10 (B) by adding at the end the following new 

11 subparagraph: 

12 ‘‘(B) An appeal of an order or ruling may 

13 not be taken when prohibited by section 844 of 

14 this title (article 44).’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(d) The United States may appeal a ruling or order 

17 of a military magistrate in the same manner as had the 

18 ruling or order been made by a military judge, except that 

19 the issue shall first be presented to the military judge who 

20 designated the military magistrate or to a military judge 

21 detailed to hear the issue. 

22 ‘‘(e) The provisions of this article shall be liberally 

23 construed to effect its purposes.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1465 

HR 4909 PCS

1 SEC. 6807. REHEARINGS. 

2 Section 863 of title 10, United States Code (article 

3 63 of the Uniform Code of Military Justice), is amended— 

4 (1) by inserting ‘‘(a)’’ before ‘‘Each rehearing’’; 

5 (2) in the second sentence, by striking ‘‘may be 

6 approved’’ and inserting ‘‘may be adjudged’’; 

7 (3) by striking the third sentence; and 

8 (4) by adding at the end the following new sub9 sections: 

10 ‘‘(b) If the sentence adjudged by the first court-mar11 tial was in accordance with a plea agreement under section 

12 853a of this title (article 53a) and the accused at the re13 hearing does not comply with the agreement, or if a plea 

14 of guilty was entered for an offense at the first court-mar15 tial and a plea of not guilty was entered at the rehearing, 

16 the sentence as to those charges or specifications may in17 clude any punishment not in excess of that which could 

18 have been adjudged at the first court-martial. 

19 ‘‘(c) If, after appeal by the Government under section 

20 856(d) of this title (article 56(d)), the sentence adjudged 

21 is set aside and a rehearing on sentence is ordered by the 

22 Court of Criminal Appeals or Court of Appeals for the 

23 Armed Forces, the court-martial may impose any sentence 

24 that is in accordance with the order or ruling setting aside 

25 the adjudged sentence.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1466 

HR 4909 PCS

1 SEC. 6808. JUDGE ADVOCATE REVIEW OF FINDING OF 

2 GUILTY IN SUMMARY COURT-MARTIAL. 

3 (a) IN GENERAL.—Subsection (a) of section 864 of 

4 title 10, United States Code (article 64 of the Uniform 

5 Code of Military Justice), is amended by striking the first 

6 two sentences and inserting the following: 

7 ‘‘(a) IN GENERAL.—Under regulations prescribed by 

8 the Secretary concerned, each summary court-martial in 

9 which there is a finding of guilty shall be reviewed by a 

10 judge advocate. A judge advocate may not review a case 

11 under this subsection if the judge advocate has acted in 

12 the same case as an accuser, preliminary hearing officer, 

13 member of the court, military judge, or counsel or has oth14 erwise acted on behalf of the prosecution or defense.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) The heading for such section (article) is amended to 

17 read as follows: 

18 ‘‘§ 864. Art. 64. Judge advocate review of finding of 

19 guilty in summary court-martial’’. 

20 (2) Subsection (b) of such section is amended— 

21 (A) by striking ‘‘(b) The record’’ and inserting 

22 ‘‘RECORD.—The record’’; 

23 (B) by inserting ‘‘or’’ at the end of paragraph 

24 (1); 

25 (C) by striking paragraph (2); and 


emcdonald on DSK3SPTVN1PROD with BILLS
1467 

HR 4909 PCS

1 (D) by redesignating paragraph (3) as para2 graph (2). 

3 (3) Subsection (c)(3) of such section (article) is 

4 amended by striking ‘‘section 869(b) of this title (article 

5 69(b)).’’ and inserting ‘‘section 869 of this title (article 

6 69).’’. 

7 SEC. 6809. TRANSMITTAL AND REVIEW OF RECORDS. 

8 Section 865 of title 10, United States Code (article 

9 65 of the Uniform Code of Military Justice), is amended 

10 to read as follows: 

11 ‘‘§ 865. Art. 65. Transmittal and review of records 

12 ‘‘(a) TRANSMITTAL OF RECORDS.—(1) If the judg13 ment of a general or special court-martial entered under 

14 section 860c of this title (article 60c) includes a finding 

15 of guilty, the record shall be transmitted to the Judge Ad16 vocate General. 

17 ‘‘(2) In all other cases, records of trial by court-mar18 tial and related documents shall be transmitted and dis19 posed of as the Secretary concerned may prescribe by reg20 ulation. 

21 ‘‘(b) REVIEW BY JUDGE ADVOCATE GENERAL.— 

22 ‘‘(1) BY WHOM.—A review conducted under this 

23 subsection may be conducted by an attorney within 

24 the Office of the Judge Advocate General or another 


emcdonald on DSK3SPTVN1PROD with BILLS
1468 

HR 4909 PCS

1 attorney designated under regulations prescribed by 

2 the Secretary concerned. 

3 ‘‘(2) REVIEW OF CASES NOT ELIGIBLE FOR AP4 PELLATE REVIEW BY A COURT OF CRIMINAL AP5 PEALS.— 

6 ‘‘(A) A review under subparagraph (B) 

7 shall be completed in each general and special 

8 court-martial that is not eligible for appellate 

9 review under paragraph (1) or (2) of section 

10 866(b) of this title (article 66(b)). 

11 ‘‘(B) A review referred to in subparagraph 

12 (A) shall include a written decision providing 

13 each of the following: 

14 ‘‘(i) A conclusion as to whether the 

15 court had jurisdiction over the accused and 

16 the offense. 

17 ‘‘(ii) A conclusion as to whether the 

18 charge and specification stated an offense. 

19 ‘‘(iii) A conclusion as to whether the 

20 sentence was within the limits prescribed 

21 as a matter of law. 

22 ‘‘(iv) A response to each allegation of 

23 error made in writing by the accused. 


emcdonald on DSK3SPTVN1PROD with BILLS
1469 

HR 4909 PCS

1 ‘‘(3) REVIEW WHEN APPELLATE REVIEW BY A

2 COURT OF CRIMINAL APPEALS IS WAIVED OR WITH3 DRAWN.— 

4 ‘‘(A) A review under subparagraph (B) 

5 shall be completed in each general and special 

6 court-martial if the accused waives the right to 

7 appellate review or withdraws appeal under sec8 tion 861 of this title (article 61). 

9 ‘‘(B) A review referred to in subparagraph 

10 (A) shall include a written decision limited to 

11 providing conclusions on the matters specified 

12 in clauses (i), (ii), and (iii) of paragraph (2)(B). 

13 ‘‘(c) REMEDY.—(1) If after a review of a record 

14 under subsection (b), the attorney conducting the review 

15 believes corrective action may be required, the record shall 

16 be forwarded to the Judge Advocate General, who may 

17 set aside the findings or sentence, in whole or in part. 

18 ‘‘(2) In setting aside findings or sentence, the Judge 

19 Advocate General may order a rehearing, except that a 

20 rehearing may not be ordered in violation of section 844 

21 of this title (article 44). 

22 ‘‘(3)(A) If the Judge Advocate General sets aside 

23 findings and sentence and does not order a rehearing, the 

24 Judge Advocate General shall dismiss the charges. 


emcdonald on DSK3SPTVN1PROD with BILLS
1470 

HR 4909 PCS

1 ‘‘(B) If the Judge Advocate General sets aside find2 ings and orders a rehearing and the convening authority 

3 determines that a rehearing would be impractical, the con4 vening authority shall dismiss the charges.’’. 

5 SEC. 6810. COURTS OF CRIMINAL APPEALS. 

6 (a) APPELLATE MILITARY JUDGES.—Subsection (a) 

7 of section 866 of chapter 47 of title 10, United States 

8 Code (article 66 of the Uniform Code of Military Justice), 

9 is amended— 

10 (1) in the second sentence, by striking ‘‘sub11 section (f)’’ and inserting ‘‘subsection (g)’’; 

12 (2) in the fourth sentence, by inserting after 

13 ‘‘highest court of a State’’ the following: ‘‘and must 

14 be certified by the Judge Advocate General as quali15 fied, by reason of education, training, experience, 

16 and judicial temperament, for duty as an appellate 

17 military judge’’; and 

18 (3) by adding at the end the following new sen19 tence: ‘‘In accordance with regulations prescribed by 

20 the President, assignments of appellate military 

21 judges under this section (article) shall be for appro22 priate minimum periods, subject to such exceptions 

23 as may be authorized in the regulations.’’. 

24 (b) REVISION OF APPELLATE PROCEDURES.—Such 

25 section (article) is further amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
1471 

HR 4909 PCS

1 (1) by redesignating subsections (e), (f), (g), 

2 and (h) as subsections (f), (g), (h), and (i), respec3 tively; and 

4 (2) by striking subsections (b), (c), and (d) and 

5 inserting the following new subsections: 

6 ‘‘(b) REVIEW.—(1) The Judge Advocate General 

7 shall refer to a Court of Criminal Appeals the record in 

8 any of the following cases of trial by court-martial: 

9 ‘‘(A) A case in which the judgment entered into 

10 the record under section 860c of this title (article 

11 60c) includes a sentence of death, dismissal of a 

12 commissioned officer, cadet, or midshipman, dishon13 orable or bad-conduct discharge, or confinement for 

14 more than six months. 

15 ‘‘(B) A case in which the Government pre16 viously filed an appeal under sections 856(d) or 862 

17 of this title (articles 56(d) or 62). 

18 ‘‘(C) A case in which the right to appellate re19 view has not been waived or an appeal has not been 

20 withdrawn under section 861 of this title (article 

21 61), except in the case of a sentence extending to 

22 death. 

23 ‘‘(2) A Court of Criminal Appeals shall have jurisdic24 tion to review the judgment of a court-martial, entered 

25 into the record under section 860c of this title (article 


emcdonald on DSK3SPTVN1PROD with BILLS
1472 

HR 4909 PCS

1 60c), in a case in which the accused filed an application 

2 for review with the Court under section 869(d)(1)(B) of 

3 this title (article 69(d)(1)(B)) and the application has 

4 been granted by the Court. 

5 ‘‘(c) DUTIES.—(1) In a case referred to it, the Court 

6 of Criminal Appeals may act only with respect to the find7 ings and sentence as entered into the record under section 

8 860c of this title (article 60c). It may affirm only such 

9 findings of guilty, and the sentence or such part or 

10 amount of the sentence, as it finds correct in law and fact 

11 and determines, on the basis of the entire record, should 

12 be approved. In considering the record, it may weigh the 

13 evidence, judge the credibility of witnesses, and determine 

14 controverted questions of fact, recognizing that the trial 

15 court saw and heard the witnesses. 

16 ‘‘(2) In any case before the Court of Criminal Ap17 peals under paragraph (1) or (2) of subsection (b), the 

18 Court may provide appropriate relief if the accused dem19 onstrates error or excessive delay in the processing of the 

20 court-martial after the judgment was entered into the 

21 record under section 860c of this title (article 60c). 

22 ‘‘(3) In review of a sentence to death or to life in 

23 prison without eligibility for parole determined by the 

24 members in a capital case under section 853 of this title 

25 (article 53), the Court of Criminal Appeals must consider 


emcdonald on DSK3SPTVN1PROD with BILLS
1473 

HR 4909 PCS

1 whether the sentence is otherwise appropriate, under rules 

2 prescribed by the President. 

3 ‘‘(4) If the Court of Criminal Appeals sets aside the 

4 findings and sentence, it may, except where the setting 

5 aside is based on lack of sufficient evidence in the record 

6 to support the findings, order a rehearing. If it sets aside 

7 the findings and sentence and does not order a rehearing, 

8 it shall order that the charges be dismissed. 

9 ‘‘(d) CONSIDERATION OF APPEAL OF SENTENCE BY

10 THE UNITED STATES.—(1) In considering a sentence on 

11 appeal, other than as provided in section 856(d) of this 

12 title (article 56(d)), the Court of Criminal Appeals may 

13 consider— 

14 ‘‘(A) whether the sentence violates the law; and 

15 ‘‘(B) whether the sentence is plainly unreason16 able. 

17 ‘‘(2) In an appeal under section 856(d) of this title 

18 (article 56(d)), the record on appeal shall consist of— 

19 ‘‘(A) any portion of the record in the case that 

20 is designated as pertinent by either of the parties; 

21 ‘‘(B) the information submitted during the sen22 tencing proceeding; and 

23 ‘‘(C) any information required by rule or order 

24 of the Court of Criminal Appeals. 


emcdonald on DSK3SPTVN1PROD with BILLS
1474 

HR 4909 PCS

1 ‘‘(e) LIMITS OF AUTHORITY.—(1)(A) If the Court of 

2 Criminal Appeals sets aside the findings, the Court— 

3 ‘‘(i) may affirm any lesser included of4 fense; and 

5 ‘‘(ii) may, except when prohibited by sec6 tion 844 of this title (article 44), order a re7 hearing. 

8 ‘‘(B) If the Court of Criminal Appeals orders a re9 hearing on a charge and the convening authority finds a 

10 rehearing impracticable, the convening authority may dis11 miss the charge. 

12 ‘‘(C) If the Court of Criminal Appeals sets aside the 

13 findings and does not order a rehearing, the Court shall 

14 order that the charges be dismissed. 

15 ‘‘(2) If the Court of Criminal Appeals sets aside the 

16 sentence, the Court may— 

17 ‘‘(A) modify the sentence to a lesser sentence; 

18 or 

19 ‘‘(B) order a rehearing. 

20 ‘‘(3) If the Court determines that additional pro21 ceedings are warranted, the Court may order a hearing 

22 as may be necessary to address a substantial issue, subject 

23 to such limitations as the Court may direct and under 

24 such regulations as the President may prescribe.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1475 

HR 4909 PCS

1 (c) ACTION WHEN REHEARING IMPRACTICABLE

2 AFTER REHEARING ORDER.—Subsection (f) of such sec3 tion (article), as redesignated by subsection (b)(1), is 

4 amended— 

5 (1) in the first sentence, by striking ‘‘convening 

6 authority’’ and inserting ‘‘appropriate authority’’; 

7 and 

8 (2) by striking the last sentence. 

9 (d) ELIGIBILITY TO REVIEW THE RECORD.—Sub10 section (i) of such section (article), as redesignated by sub11 section (b)(1), is amended by striking ‘‘an investigating 

12 officer’’ and inserting ‘‘an investigating or a preliminary 

13 hearing officer’’. 

14 (e) SECTION HEADING.—The heading for such sec15 tion (article) is amended to read as follows: 

16 ‘‘§ 866. Art. 66. Courts of Criminal Appeals’’. 

17 SEC. 6811. REVIEW BY COURT OF APPEALS FOR THE 

18 ARMED FORCES. 

19 (a) JAG NOTIFICATION.—Subsection (a)(2) of section 

20 867 of title 10, United States Code (article 67 of the Uni21 form Code of Military Justice), is amended by inserting 

22 after ‘‘the Judge Advocate General’’ the following: ‘‘, after 

23 appropriate notification to the other Judge Advocates 

24 General and to the Staff Judge Advocate to the Com25 mandant of the Marine Corps,’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1476 

HR 4909 PCS

1 (b) BASIS FOR REVIEW.—Subsection (c) of such sec2 tion (article) is amended— 

3 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

4 (2) by designating the second sentence as para5 graph (2); 

6 (3) by designating the third sentence as para7 graph (3); 

8 (4) by designating the fourth sentence as para9 graph (4); and 

10 (5) in paragraph (1), as designated by para11 graph (1) of this subsection, by striking ‘‘only with 

12 respect to’’ and all that follows through the end of 

13 the sentence and inserting the following: 

14 ‘‘(1) ‘‘only with respect to— 

15 ‘‘(A) the findings and sentence set forth in 

16 the entry of judgment, as affirmed or set aside 

17 as incorrect in law by the Court of Criminal 

18 Appeals; or 

19 ‘‘(B) a decision, judgment, or order by a 

20 military judge, as affirmed or set aside as in21 correct in law by the Court of Criminal Ap22 peals.’’. 

23 SEC. 6812. SUPREME COURT REVIEW. 

24 The second sentence of subsection (a) of section 867a 

25 of title 10, United States Code (article 67a of the Uniform 


emcdonald on DSK3SPTVN1PROD with BILLS
1477 

HR 4909 PCS

1 Code of Military Justice), is amended by inserting before 

2 ‘‘Court of Appeals’’ the following: ‘‘United States’’. 

3 SEC. 6813. REVIEW BY JUDGE ADVOCATE GENERAL. 

4 Section 869 of title 10, United States Code (article 

5 69 of the Uniform Code of Military Justice), is amended 

6 to read as follows: 

7 ‘‘§ 869. Art. 69. Review by Judge Advocate General 

8 ‘‘(a) IN GENERAL.—Upon application by the accused 

9 and subject to subsections (b), (c), and (d), the Judge Ad10 vocate General may modify or set aside, in whole or in 

11 part, the findings and sentence in a court-martial that is 

12 not reviewed under section 866 of this title (article 66). 

13 ‘‘(b) TIMING.—To qualify for consideration, an appli14 cation under subsection (a) must be submitted to the 

15 Judge Advocate General not later than one year after the 

16 date of completion of review under section 864 or 865 of 

17 this title (article 64 or 65), as the case may be. The Judge 

18 Advocate General may, for good cause shown, extend the 

19 period for submission of an application, but may not con20 sider an application submitted more than three years after 

21 such completion date. 

22 ‘‘(c) SCOPE.—(1)(A) In a case reviewed under section 

23 864 or section 865(b) of this title (article 64 or 65(b)), 

24 the Judge Advocate General may set aside the findings 

25 or sentence, in whole or in part on the grounds of newly 


emcdonald on DSK3SPTVN1PROD with BILLS
1478 

HR 4909 PCS

1 discovered evidence, fraud on the court, lack of jurisdiction 

2 over the accused or the offense, error prejudicial to the 

3 substantial rights of the accused, or the appropriateness 

4 of the sentence. 

5 ‘‘(B) In setting aside findings or sentence, the Judge 

6 Advocate General may order a rehearing, except that a 

7 rehearing may not be ordered in violation of section 844 

8 of this title (Article 44). 

9 ‘‘(C) If the Judge Advocate General sets aside find10 ings and sentence and does not order a rehearing, the 

11 Judge Advocate General shall dismiss the charges. 

12 ‘‘(D) If the Judge Advocate General sets aside find13 ings and orders a rehearing and the convening authority 

14 determines that a rehearing would be impractical, the con15 vening authority shall dismiss the charges. 

16 ‘‘(2) In a case reviewed under section 865(b) of this 

17 title (article 65(b)), review under this section is limited 

18 to the issue of whether the waiver or withdrawal of an 

19 appeal was invalid under the law. If the Judge Advocate 

20 General determines that the waiver or withdrawal of an 

21 appeal was invalid, the Judge Advocate General shall 

22 order appropriate corrective action under rules prescribed 

23 by the President. 


emcdonald on DSK3SPTVN1PROD with BILLS
1479 

HR 4909 PCS

1 ‘‘(d) COURT OF CRIMINAL APPEALS.—(1) A Court 

2 of Criminal Appeals may review the action taken by the 

3 Judge Advocate General under subsection (c)— 

4 ‘‘(A) in a case sent to the Court of Criminal 

5 Appeals by order of the Judge Advocate General; or 

6 ‘‘(B) in a case submitted to the Court of Crimi7 nal Appeals by the accused in an application for re8 view. 

9 ‘‘(2) The Court of Criminal Appeals may grant an 

10 application under paragraph (1)(B) only if— 

11 ‘‘(A) the application demonstrates a substantial 

12 basis for concluding that the action on review under 

13 subsection (c) constituted prejudicial error; and 

14 ‘‘(B) the application is filed not later than the 

15 earlier of— 

16 ‘‘(i) 60 days after the date on which the 

17 accused is notified of the decision of the Judge 

18 Advocate General; or 

19 ‘‘(ii) 60 days after the date on which a 

20 copy of the decision of the Judge Advocate Gen21 eral is deposited in the United States mails for 

22 delivery by first-class certified mail to the ac23 cused at an address provided by the accused or, 

24 if no such address has been provided by the acVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01479 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1480 

HR 4909 PCS

1 cused, at the latest address listed for the ac2 cused in his official service record. 

3 ‘‘(3) The submission of an application for review 

4 under this subsection does not constitute a proceeding be5 fore the Court of Criminal Appeals for purposes of section 

6 870(c)(1) of this title (article 70(c)(1)). 

7 ‘‘(e) Notwithstanding section 866 of this title (article 

8 66), in any case reviewed by a Court of Criminal Appeals 

9 under subsection (d), the Court may take action only with 

10 respect to matters of law.’’. 

11 SEC. 6814. APPELLATE DEFENSE COUNSEL IN DEATH PEN12 ALTY CASES. 

13 Section 870 of title 10, United States Code (article 

14 70 of the Uniform Code of Military Justice), is amended 

15 by adding at the end the following new subsection: 

16 ‘‘(f) To the greatest extent practicable, in any capital 

17 case, at least one defense counsel under subsection (c) 

18 shall, as determined by the Judge Advocate General, be 

19 learned in the law applicable to such cases. If necessary, 

20 this counsel may be a civilian and, if so, may be com21 pensated in accordance with regulations prescribed by the 

22 Secretary of Defense.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1481 

HR 4909 PCS

1 SEC. 6815. AUTHORITY FOR HEARING ON VACATION OF 

2 SUSPENSION OF SENTENCE TO BE CON3 DUCTED BY QUALIFIED JUDGE ADVOCATE. 

4 (a) IN GENERAL.—Subsection (a) of section 872 of 

5 title 10, United States Code (article 72) of the Uniform 

6 Code of Military Justice), is amended by inserting after 

7 the first sentence the following new sentence: ‘‘The special 

8 court-martial convening authority may detail a judge ad9 vocate, who is certified under section 827(b) of this title 

10 (article 27(b)), to conduct the hearing.’’. 

11 (b) TECHNICAL AMENDMENTS.—Such section (arti12 cle) is further amended— 

13 (1) in the last sentence of subsection (a), by 

14 striking ‘‘if he so desires’’ and inserting ‘‘if the pro15 bationer so desires’’; and 

16 (2) in the second sentence of subsection (b)— 

17 (A) by striking ‘‘If he’’ and inserting ‘‘If 

18 the officer exercising general court-martial ju19 risdiction’’; and 

20 (B) by striking ‘‘section 871(c) of this title 

21 (article 71(c)).’’ and inserting ‘‘section 857 of 

22 this title (article 57)).’’. 

23 SEC. 6816. EXTENSION OF TIME FOR PETITION FOR NEW 

24 TRIAL. 

25 The first sentence of section 873 of title 10, United 

26 States Code (article 73 of the Uniform Code of Military 


emcdonald on DSK3SPTVN1PROD with BILLS
1482 

HR 4909 PCS

1 Justice), is amended by striking ‘‘two years after approval 

2 by the convening authority of a court-martial sentence,’’ 

3 and inserting ‘‘three years after the date of the entry of 

4 judgment under section 860c of this title (article 60c),’’. 

5 SEC. 6817. RESTORATION. 

6 Section 875 of title 10, United States Code (article 

7 75 of the Uniform Code of Military Justice), is amended 

8 by adding at the end the following new subsection: 

9 ‘‘(d) The President shall prescribe regulations, with 

10 such limitations as the President considers appropriate, 

11 governing eligibility for pay and allowances for the period 

12 after the date on which an executed part of a court-martial 

13 sentence is set aside.’’. 

14 SEC. 6818. LEAVE REQUIREMENTS PENDING REVIEW OF 

15 CERTAIN COURT-MARTIAL CONVICTIONS. 

16 Section 876a of title 10, United States Code (article 

17 76a of the Uniform Code of Military Justice), is amend18 ed— 

19 (1) in the first sentence, by striking ‘‘, as ap20 proved under section 860 of this title (article 60),’’; 

21 and 

22 (2) in the second sentence, by striking ‘‘on 

23 which the sentence is approved under section 860 of 

24 this title (article 60)’’ and inserting ‘‘of the entry of 


emcdonald on DSK3SPTVN1PROD with BILLS
1483 

HR 4909 PCS

1 judgment under section 860c of this title (article 

2 60c)’’. 

3 TITLE LXIX—PUNITIVE 

4 ARTICLES 

5 SEC. 6901. REORGANIZATION OF PUNITIVE ARTICLES. 

6 Sections of subchapter X of chapter 47 of title 10, 

7 United States Code (articles of the Uniform Code of Mili8 tary Justice), are transferred within subchapter X and re9 designated as follows: 

10 (1) ENLISTMENT AND SEPARATION.—Sections 

11 883 and 884 (articles 83 and 84) are transferred so 

12 as to appear (in that order) after section 904 (arti13 cle 104) and are redesignated as sections 904a and 

14 904b (articles 104a and 104b), respectively. 

15 (2) RESISTANCE, FLIGHT, BREACH OF ARREST, 

16 AND ESCAPE.—Section 895 (article 95) is trans17 ferred so as to appear after section 887 (article 87) 

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

19 (3) NONCOMPLIANCE WITH PROCEDURAL

20 RULES.—Section 898 (article 98) is transferred so 

21 as to appear after section 931 (article 131) and is 

22 redesignated as section 931f (article 131f). 

23 (4) CAPTURED OR ABANDONED PROPERTY.— 

24 Section 903 (article 103) is transferred so as to apVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01483 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1484 

HR 4909 PCS

1 pear after section 908 (article 108) and is redesig2 nated as section 908a (article 108a). 

3 (5) AIDING THE ENEMY.—Section 904 (article 

4 104) is redesignated as section 903b (article 103b). 

5 (6) MISCONDUCT AS PRISONER.—Section 905 

6 (article 105) is transferred so as to appear after sec7 tion 897 (article 97) and is redesignated as section 

8 898 (article 98). 

9 (7) SPIES; ESPIONAGE.—Sections 906 and 906a 

10 (articles 106 and 106a) are transferred so as to ap11 pear (in that order) after section 902 (article 102) 

12 and are redesignated as sections 903 and 903a (arti13 cles 103 and 103a), respectively. 

14 (8) MISBEHAVIOR OF SENTINEL.—Section 913 

15 (article 113) is transferred so as to appear after sec16 tion 894 (article 94) and is redesignated as section 

17 895 (article 95). 

18 (9) DRUNKEN OR RECKLESS OPERATION OF A

19 VEHICLE, AIRCRAFT, OR VESSEL.—Section 911 (arti20 cle 111) is transferred so as to appear after section 

21 912a (article 912a) and is redesignated as section 

22 913 (article 113). 

23 (10) HOUSEBREAKING.—Section 930 (article 

24 130) is redesignated as section 929a (article 129a). 


emcdonald on DSK3SPTVN1PROD with BILLS
1485 

HR 4909 PCS

1 (11) STALKING.—Section 920a (article 120a) is 

2 transferred so as to appear after section 929a (arti3 cle 129a), as redesignated by paragraph (10), and is 

4 redesignated as section 930 (article 130). 

5 (12) FORGERY.—Section 923 (article 123) is 

6 transferred so as to appear after section 904b (arti7 cle 104b), as transferred and redesignated by para8 graph (1), and is redesignated as section 905 (arti9 cle 105). 

10 (13) MAIMING.—Section 924 (article 124) is 

11 transferred so as to appear after section 928 (article 

12 128) and is redesignated as section 928a (article 

13 128a). 

14 (14) FRAUDS AGAINST THE UNITED STATES.— 

15 Section 932 of (article 132) is transferred so as to 

16 appear after section 923a (article 123a) and is re17 designated as section 924 (article 124). 

18 SEC. 6902. CONVICTION OF OFFENSE CHARGED, LESSER IN19 CLUDED OFFENSES, AND ATTEMPTS. 

20 Section 879 of title 10, United States Code (article 

21 79 of the Uniform Code of Military Justice), is amended 

22 to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1486 

HR 4909 PCS

1 ‘‘§ 879. Art. 79. Conviction of offense charged, lesser 

2 included offenses, and attempts 

3 ‘‘(a) IN GENERAL.—An accused may be found guilty 

4 of any of the following: 

5 ‘‘(1) The offense charged. 

6 ‘‘(2) A lesser included offense. 

7 ‘‘(3) An attempt to commit the offense charged. 

8 ‘‘(4) An attempt to commit a lesser included of9 fense, if the attempt is an offense in its own right. 

10 ‘‘(b) DEFINITION.—In this section (article), the term 

11 ‘lesser included offense’ means— 

12 ‘‘(1) an offense that is necessarily included in 

13 the offense charged; and 

14 ‘‘(2) any lesser included offense so designated 

15 by regulation prescribed by the President. 

16 ‘‘(c) REGULATORY AUTHORITY.—Any designation of 

17 a lesser included offense in a regulation referred to in sub18 section (b) shall be reasonably included in the greater of19 fense.’’. 

20 SEC. 6903. SOLICITING COMMISSION OF OFFENSES. 

21 Section 882 of title 10, United States Code (article 

22 82 of the Uniform Code of Military Justice), is amended 

23 to read as follows: 

24 ‘‘§ 882. Art. 82. Soliciting commission of offenses 

25 ‘‘(a) SOLICITING COMMISSION OF OFFENSES GEN26 ERALLY.—Any person subject to this chapter who solicits 


emcdonald on DSK3SPTVN1PROD with BILLS
1487 

HR 4909 PCS

1 or advises another to commit an offense under this chapter 

2 (other than an offense specified in subsection (b)) shall 

3 be punished as a court-martial may direct. 

4 ‘‘(b) SOLICITING DESERTION, MUTINY, SEDITION, 

5 OR MISBEHAVIOR BEFORE THE ENEMY.—Any person 

6 subject to this chapter who solicits or advises another to 

7 violate section 885 of this title (article 85), section 894 

8 of this title (article 94), or section 899 of this title (article 

9 99)— 

10 ‘‘(1) if the offense solicited or advised is at11 tempted or is committed, shall be punished with the 

12 punishment provided for the commission of the of13 fense; and 

14 ‘‘(2) if the offense solicited or advised is not at15 tempted or committed, shall be punished as a court16 martial may direct.’’. 

17 SEC. 6904. MALINGERING. 

18 Subchapter X of chapter 47 of title 10, United States 

19 Code, is amended by inserting after section 882 (article 

20 82 of the Uniform Code of Military Justice), as amended 

21 by section 6903, the following new section (article): 

22 ‘‘§ 883. Art. 83. Malingering 

23 ‘‘Any person subject to this chapter who, with the in24 tent to avoid work, duty, or service— 


emcdonald on DSK3SPTVN1PROD with BILLS
1488 

HR 4909 PCS

1 ‘‘(1) feigns illness, physical disablement, mental 

2 lapse, or mental derangement; or 

3 ‘‘(2) intentionally inflicts self-injury; 

4 shall be punished as a court-martial may direct.’’. 

5 SEC. 6905. BREACH OF MEDICAL QUARANTINE. 

6 Subchapter X of chapter 47 of title 10, United States 

7 Code, is amended by inserting after section 883 (article 

8 83 of the Uniform Code of Military Justice), as added by 

9 section 6904, the following new section (article): 

10 ‘‘§ 884. Art. 84. Breach of medical quarantine 

11 ‘‘Any person subject to this chapter— 

12 ‘‘(1) who is ordered into medical quarantine by 

13 a person authorized to issue such order; and 

14 ‘‘(2) who, with knowledge of the quarantine and 

15 the limits of the quarantine, goes beyond those lim16 its before being released from the quarantine by 

17 proper authority; 

18 shall be punished as a court-martial may direct.’’. 

19 SEC. 6906. MISSING MOVEMENT; JUMPING FROM VESSEL. 

20 Section 887 of title 10, United States Code (article 

21 87 of the Uniform Code of Military Justice), is amended 

22 to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1489 

HR 4909 PCS

1 ‘‘§ 887. Art. 87. Missing movement; jumping from ves2 sel 

3 ‘‘(a) MISSING MOVEMENT.—Any person subject to 

4 this chapter who, through neglect or design, misses the 

5 movement of a ship, aircraft, or unit with which the per6 son is required in the course of duty to move shall be pun7 ished as a court-martial may direct. 

8 ‘‘(b) JUMPING FROM VESSEL INTO THE WATER.— 

9 Any person subject to this chapter who wrongfully and in10 tentionally jumps into the water from a vessel in use by 

11 the armed forces shall be punished as a court-martial may 

12 direct.’’. 

13 SEC. 6907. OFFENSES AGAINST CORRECTIONAL CUSTODY 

14 AND RESTRICTION. 

15 Subchapter X of chapter 47 of title 10, United States 

16 Code, is amended by inserting after section 887a (article 

17 87a of the Uniform Code of Military Justice), as trans18 ferred and redesignated by section 6901(2), the following 

19 new section (article): 

20 ‘‘§ 887b. Art. 87b. Offenses against correctional cus21 tody and restriction 

22 ‘‘(a) ESCAPE FROM CORRECTIONAL CUSTODY.—Any 

23 person subject to this chapter— 

24 ‘‘(1) who is placed in correctional custody by a 

25 person authorized to do so; 


emcdonald on DSK3SPTVN1PROD with BILLS
1490 

HR 4909 PCS

1 ‘‘(2) who, while in correctional custody, is under 

2 physical restraint; and 

3 ‘‘(3) who escapes from the physical restraint be4 fore being released from the physical restraint by 

5 proper authority; 

6 shall be punished as a court-martial may direct. 

7 ‘‘(b) BREACH OF CORRECTIONAL CUSTODY.—Any 

8 person subject to this chapter— 

9 ‘‘(1) who is placed in correctional custody by a 

10 person authorized to do so; 

11 ‘‘(2) who, while in correctional custody, is under 

12 restraint other than physical restraint; and 

13 ‘‘(3) who goes beyond the limits of the restraint 

14 before being released from the correctional custody 

15 or relieved of the restraint by proper authority; 

16 shall be punished as a court-martial may direct. 

17 ‘‘(c) BREACH OF RESTRICTION.—Any person subject 

18 to this chapter— 

19 ‘‘(1) who is ordered to be restricted to certain 

20 limits by a person authorized to do so; and 

21 ‘‘(2) who, with knowledge of the limits of the 

22 restriction, goes beyond those limits before being re23 leased by proper authority; 

24 shall be punished as a court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1491 

HR 4909 PCS

1 SEC. 6908. DISRESPECT TOWARD SUPERIOR COMMIS2 SIONED OFFICER; ASSAULT OF SUPERIOR 

3 COMMISSIONED OFFICER. 

4 Section 889 of title 10, United States Code (article 

5 89 of the Uniform Code of Military Justice), is amended 

6 to read as follows: 

7 ‘‘§ 889. Art. 89. Disrespect toward superior commis8 sioned officer; assault of superior com9 missioned officer 

10 ‘‘(a) DISRESPECT.—Any person subject to this chap11 ter who behaves with disrespect toward that person’s supe12 rior commissioned officer shall be punished as a court13 martial may direct. 

14 ‘‘(b) ASSAULT.—Any person subject to this chapter 

15 who strikes that person’s superior commissioned officer or 

16 draws or lifts up any weapon or offers any violence against 

17 that officer while the officer is in the execution of the offi18 cer’s office shall be punished— 

19 ‘‘(1) if the offense is committed in time of war, 

20 by death or such other punishment as a court-mar21 tial may direct; and 

22 ‘‘(2) if the offense is committed at any other 

23 time, by such punishment, other than death, as a 

24 court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1492 

HR 4909 PCS

1 SEC. 6909. WILLFULLY DISOBEYING SUPERIOR COMMIS2 SIONED OFFICER. 

3 Section 890 of title 10, United States Code (article 

4 90 of the Uniform Code of Military Justice), is amended 

5 to read as follows: 

6 ‘‘§ 890. Art. 90. Willfully disobeying superior commis7 sioned officer 

8 ‘‘Any person subject to this chapter who willfully dis9 obeys a lawful command of that person’s superior commis10 sioned officer shall be punished— 

11 ‘‘(1) if the offense is committed in time of war, 

12 by death or such other punishment as a court-mar13 tial may direct; and 

14 ‘‘(2) if the offense is committed at any other 

15 time, by such punishment, other than death, as a 

16 court-martial may direct.’’. 

17 SEC. 6910. PROHIBITED ACTIVITIES WITH MILITARY RE18 CRUIT OR TRAINEE BY PERSON IN POSITION 

19 OF SPECIAL TRUST. 

20 Subchapter X of chapter 47 of title 10, United States 

21 Code, is amended by inserting after section 893 (article 

22 93 of the Uniform Code of Military Justice), the following 

23 new section (article): 


emcdonald on DSK3SPTVN1PROD with BILLS
1493 

HR 4909 PCS

1 ‘‘§ 893a. Art. 93a. Prohibited activities with military 

2 recruit or trainee by person in position of 

3 special trust 

4 ‘‘(a) ABUSE OF TRAINING LEADERSHIP POSITION.— 

5 Any person subject to this chapter— 

6 ‘‘(1) who is an officer, a noncommissioned offi7 cer, or a petty officer; 

8 ‘‘(2) who is in a training leadership position 

9 with respect to a specially protected junior member 

10 of the armed forces; and 

11 ‘‘(3) who engages in prohibited sexual activity 

12 with such specially protected junior member of the 

13 armed forces; 

14 shall be punished as a court-martial may direct. 

15 ‘‘(b) ABUSE OF POSITION AS MILITARY RE16 CRUITER.—Any person subject to this chapter— 

17 ‘‘(1) who is a military recruiter and engages in 

18 prohibited sexual activity with an applicant for mili19 tary service; or 

20 ‘‘(2) who is a military recruiter and engages in 

21 prohibited sexual activity with a specially protected 

22 junior member of the armed forces who is enlisted 

23 under a delayed entry program; 

24 shall be punished as a court-martial may direct. 


emcdonald on DSK3SPTVN1PROD with BILLS
1494 

HR 4909 PCS

1 ‘‘(c) CONSENT.—Consent is not a defense for any 

2 conduct at issue in a prosecution under this section (arti3 cle). 

4 ‘‘(d) DEFINITIONS.—In this section (article): 

5 ‘‘(1) SPECIALLY PROTECTED JUNIOR MEMBER

6 OF THE ARMED FORCES.—The term ‘specially pro7 tected junior member of the armed forces’ means— 

8 ‘‘(A) a member of the armed forces who is 

9 assigned to, or is awaiting assignment to, basic 

10 training or other initial active duty for training, 

11 including a member who is enlisted under a de12 layed entry program; 

13 ‘‘(B) a member of the armed forces who is 

14 a cadet, a midshipman, an officer candidate, or 

15 a student in any other officer qualification pro16 gram; and 

17 ‘‘(C) a member of the armed forces in any 

18 program that, by regulation prescribed by the 

19 Secretary concerned, is identified as a training 

20 program for initial career qualification. 

21 ‘‘(2) TRAINING LEADERSHIP POSITION.—The 

22 term ‘training leadership position’ means, with re23 spect to a specially protected junior member of the 

24 armed forces, any of the following: 


emcdonald on DSK3SPTVN1PROD with BILLS
1495 

HR 4909 PCS

1 ‘‘(A) Any drill instructor position or other 

2 leadership position in a basic training program, 

3 an officer candidate school, a reserve officers’ 

4 training corps unit, a training program for 

5 entry into the armed forces, or any program 

6 that, by regulation prescribed by the Secretary 

7 concerned, is identified as a training program 

8 for initial career qualification. 

9 ‘‘(B) Faculty and staff of the United 

10 States Military Academy, the United States 

11 Naval Academy, the United States Air Force 

12 Academy, and the United States Coast Guard 

13 Academy. 

14 ‘‘(3) APPLICANT FOR MILITARY SERVICE.—The 

15 term ‘applicant for military service’ means a person 

16 who, under regulations prescribed by the Secretary 

17 concerned, is an applicant for original enlistment or 

18 appointment in the armed forces. 

19 ‘‘(4) MILITARY RECRUITER.—The term ‘mili20 tary recruiter’ means a person who, under regula21 tions prescribed by the Secretary concerned, has the 

22 primary duty to recruit persons for military service. 

23 ‘‘(5) PROHIBITED SEXUAL ACTIVITY.—The 

24 term ‘prohibited sexual activity’ means, as specified 

25 in regulations prescribed by the Secretary concerned, 


emcdonald on DSK3SPTVN1PROD with BILLS
1496 

HR 4909 PCS

1 inappropriate physical intimacy under circumstances 

2 described in such regulations.’’. 

3 SEC. 6911. OFFENSES BY SENTINEL OR LOOKOUT. 

4 Section 895 of title 10, United States Code (article 

5 95 of the Uniform Code of Military Justice), as trans6 ferred and redesignated by section 6901(8), is amended 

7 to read as follows: 

8 ‘‘§ 895. Art. 95. Offenses by sentinel or lookout 

9 ‘‘(a) DRUNK OR SLEEPING ON POST, OR LEAVING

10 POST BEFORE BEING RELIEVED.—Any sentinel or look11 out who is drunk on post, who sleeps on post, or who 

12 leaves post before being regularly relieved, shall be pun13 ished— 

14 ‘‘(1) if the offense is committed in time of war, 

15 by death or such other punishment as a court-mar16 tial may direct; and 

17 ‘‘(2) if the offense is committed other than in 

18 time of war, by such punishment, other than death, 

19 as a court-martial may direct. 

20 ‘‘(b) LOITERING OR WRONGFULLY SITTING ON

21 POST.—Any sentinel or lookout who loiters or wrongfully 

22 sits down on post shall be punished as a court-martial may 

23 direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1497 

HR 4909 PCS

1 SEC. 6912. DISRESPECT TOWARD SENTINEL OR LOOKOUT. 

2 Subchapter X of chapter 47 of title 10, United States 

3 Code, is amended by inserting after section 895 (article 

4 95 of the Uniform Code of Military Justice), as amended 

5 by section 6911, the following new section (article): 

6 ‘‘§ 895a. Art. 95a. Disrespect toward sentinel or look7 out 

8 ‘‘(a) DISRESPECTFUL LANGUAGE TOWARD SEN9 TINEL OR LOOKOUT.—Any person subject to this chapter 

10 who, knowing that another person is a sentinel or lookout, 

11 uses wrongful and disrespectful language that is directed 

12 toward and within the hearing of the sentinel or lookout, 

13 who is in the execution of duties as a sentinel or lookout, 

14 shall be punished as a court-martial may direct. 

15 ‘‘(b) DISRESPECTFUL BEHAVIOR TOWARD SENTINEL

16 OR LOOKOUT.—Any person subject to this chapter who, 

17 knowing that another person is a sentinel or lookout, be18 haves in a wrongful and disrespectful manner that is di19 rected toward and within the sight of the sentinel or look20 out, who is in the execution of duties as a sentinel or look21 out, shall be punished as a court-martial may direct.’’. 

22 SEC. 6913. RELEASE OF PRISONER WITHOUT AUTHORITY; 

23 DRINKING WITH PRISONER. 

24 Section 896 of title 10, United States Code (article 

25 96 of the Uniform Code of Military Justice), is amended 

26 to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1498 

HR 4909 PCS

1 ‘‘§ 896. Art. 96. Release of prisoner without authority; 

2 drinking with prisoner 

3 ‘‘(a) RELEASE OF PRISONER WITHOUT AUTHOR4 ITY.—Any person subject to this chapter— 

5 ‘‘(1) who, without authority to do so, releases 

6 a prisoner; or 

7 ‘‘(2) who, through neglect or design, allows a 

8 prisoner to escape; 

9 shall be punished as a court-martial may direct, whether 

10 or not the prisoner was committed in strict compliance 

11 with the law. 

12 ‘‘(b) DRINKING WITH PRISONER.—Any person sub13 ject to this chapter who unlawfully drinks any alcoholic 

14 beverage with a prisoner shall be punished as a court-mar15 tial may direct.’’. 

16 SEC. 6914. PENALTY FOR ACTING AS A SPY. 

17 Section 903 of title 10, United States Code (article 

18 103 of the Uniform Code of Military Justice), as trans19 ferred and redesignated by section 6901(7), is amended 

20 by inserting before the period at the end of the first sen21 tence the following: ‘‘or such other punishment as a court22 martial or a military commission may direct’’. 

23 SEC. 6915. PUBLIC RECORDS OFFENSES. 

24 Subchapter X of chapter 47 of title 10, United States 

25 Code, is amended by inserting after section 903b (article 

26 103b of the Uniform Code of Military Justice), as redesigVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01498 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1499 

HR 4909 PCS

1 nated by section 6901(5), the following new section (arti2 cle): 

3 ‘‘§ 904. Art. 104. Public records offenses 

4 ‘‘Any person subject to this chapter who, willfully and 

5 unlawfully— 

6 ‘‘(1) alters, conceals, removes, mutilates, oblit7 erates, or destroys a public record; or 

8 ‘‘(2) takes a public record with the intent to 

9 alter, conceal, remove, mutilate, obliterate, or de10 stroy the public record; 

11 shall be punished as a court-martial may direct.’’. 

12 SEC. 6916. FALSE OR UNAUTHORIZED PASS OFFENSES. 

13 Subchapter X of chapter 47 of title 10, United States 

14 Code, is amended by inserting after section 905 (article 

15 105 of the Uniform Code of Military Justice), as trans16 ferred and redesignated by section 6901(12), the following 

17 new section (article): 

18 ‘‘§ 905a. Art. 105a. False or unauthorized pass of19 fenses 

20 ‘‘(a) WRONGFUL MAKING, ALTERING, ETC.—Any 

21 person subject to this chapter who, wrongfully and falsely, 

22 makes, alters, counterfeits, or tampers with a military or 

23 official pass, permit, discharge certificate, or identification 

24 card shall be punished as a court-martial may direct. 


emcdonald on DSK3SPTVN1PROD with BILLS
1500 

HR 4909 PCS

1 ‘‘(b) WRONGFUL SALE, ETC.—Any person subject to 

2 this chapter who wrongfully sells, gives, lends, or disposes 

3 of a false or unauthorized military or official pass, permit, 

4 discharge certificate, or identification card, knowing that 

5 the pass, permit, discharge certificate, or identification 

6 card is false or unauthorized, shall be punished as a court7 martial may direct. 

8 ‘‘(c) WRONGFUL USE OR POSSESSION.—Any person 

9 subject to this chapter who wrongfully uses or possesses 

10 a false or unauthorized military or official pass, permit, 

11 discharge certificate, or identification card, knowing that 

12 the pass, permit, discharge certificate, or identification 

13 card is false or unauthorized, shall be punished as a court14 martial may direct.’’. 

15 SEC. 6917. IMPERSONATION OFFENSES. 

16 Subchapter X of chapter 47 of title 10, United States 

17 Code, is amended by inserting after section 905a (article 

18 105a of the Uniform Code of Military Justice), as added 

19 by section 6916, the following new section (article): 

20 ‘‘§ 906. Art. 106. Impersonation of officer, noncommis21 sioned or petty officer, or agent or offi22 cial 

23 ‘‘(a) IN GENERAL.—Any person subject to this chap24 ter who, wrongfully and willfully, impersonates— 


emcdonald on DSK3SPTVN1PROD with BILLS
1501 

HR 4909 PCS

1 ‘‘(1) an officer, a noncommissioned officer, or a 

2 petty officer; 

3 ‘‘(2) an agent of superior authority of one of 

4 the armed forces; or 

5 ‘‘(3) an official of a government; 

6 shall be punished as a court-martial may direct. 

7 ‘‘(b) IMPERSONATION WITH INTENT TO DEFRAUD.— 

8 Any person subject to this chapter who, wrongfully, will9 fully, and with intent to defraud, impersonates any person 

10 referred to in paragraph (1), (2), or (3) of subsection (a) 

11 shall be punished as a court-martial may direct. 

12 ‘‘(c) IMPERSONATION OF GOVERNMENT OFFICIAL

13 WITHOUT INTENT TO DEFRAUD.—Any person subject to 

14 this chapter who, wrongfully, willfully, and without intent 

15 to defraud, impersonates an official of a government by 

16 committing an act that exercises or asserts the authority 

17 of the office that the person claims to have shall be pun18 ished as a court-martial may direct.’’. 

19 SEC. 6918. INSIGNIA OFFENSES. 

20 Subchapter X of chapter 47 of title 10, United States 

21 Code, is amended by inserting after section 906 (article 

22 106 of the Uniform Code of Military Justice), as added 

23 by section 6917, the following new section (article): 


emcdonald on DSK3SPTVN1PROD with BILLS
1502 

HR 4909 PCS

1 ‘‘§ 906a. Art. 106a. Wearing unauthorized insignia, 

2 decoration, badge, ribbon, device, or 

3 lapel button 

4 ‘‘Any person subject to this chapter— 

5 ‘‘(1) who is not authorized to wear an insignia, 

6 decoration, badge, ribbon, device, or lapel button; 

7 and 

8 ‘‘(2) who wrongfully wears such insignia, deco9 ration, badge, ribbon, device, or lapel button upon 

10 the person’s uniform or civilian clothing; 

11 shall be punished as a court-martial may direct.’’. 

12 SEC. 6919. FALSE OFFICIAL STATEMENTS; FALSE SWEAR13 ING. 

14 Section 907 of title 10, United States Code (article 

15 107 of the Uniform Code of Military Justice), is amended 

16 to read as follows: 

17 ‘‘§ 907. Art. 107. False official statements; false swear18 ing 

19 ‘‘(a) FALSE OFFICIAL STATEMENTS.—Any person 

20 subject to this chapter who, with intent to deceive— 

21 ‘‘(1) signs any false record, return, regulation, 

22 order, or other official document, knowing it to be 

23 false; or 

24 ‘‘(2) makes any other false official statement 

25 knowing it to be false; 

26 shall be punished as a court-martial may direct. 


emcdonald on DSK3SPTVN1PROD with BILLS
1503 

HR 4909 PCS

1 ‘‘(b) FALSE SWEARING.—Any person subject to this 

2 chapter— 

3 ‘‘(1) who takes an oath that— 

4 ‘‘(A) is administered in a matter in which 

5 such oath is required or authorized by law; and 

6 ‘‘(B) is administered by a person with au7 thority to do so; and 

8 ‘‘(2) who, upon such oath, makes or subscribes 

9 to a statement; 

10 if the statement is false and at the time of taking the oath, 

11 the person does not believe the statement to be true, shall 

12 be punished as a court-martial may direct.’’. 

13 SEC. 6920. PAROLE VIOLATION. 

14 Subchapter X of chapter 47 of title 10, United States 

15 Code, is amended by inserting after section 907 (article 

16 107 of the Uniform Code of Military Justice), as amended 

17 by section 6919, the following new section (article): 

18 ‘‘§ 907a. Art. 107a. Parole violation 

19 ‘‘Any person subject to this chapter— 

20 ‘‘(1) who, having been a prisoner as the result 

21 of a court-martial conviction or other criminal pro22 ceeding, is on parole with conditions; and 

23 ‘‘(2) who violates the conditions of parole; 

24 shall be punished as a court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1504 

HR 4909 PCS

1 SEC. 6921. WRONGFUL TAKING, OPENING, ETC. OF MAIL 

2 MATTER. 

3 Subchapter X of chapter 47 of title 10, United States 

4 Code, is amended by inserting after section 909 (article 

5 109 of the Uniform Code of Military Justice), the fol6 lowing new section (article): 

7 ‘‘§ 909a. Art. 109a. Mail matter: wrongful taking, 

8 opening, etc. 

9 ‘‘(a) TAKING.—Any person subject to this chapter 

10 who, with the intent to obstruct the correspondence of, 

11 or to pry into the business or secrets of, any person or 

12 organization, wrongfully takes mail matter before the mail 

13 matter is delivered to or received by the addressee shall 

14 be punished as a court-martial may direct. 

15 ‘‘(b) OPENING, SECRETING, DESTROYING, STEAL16 ING.—Any person subject to this chapter who wrongfully 

17 opens, secretes, destroys, or steals mail matter before the 

18 mail matter is delivered to or received by the addressee 

19 shall be punished as a court-martial may direct.’’. 

20 SEC. 6922. IMPROPER HAZARDING OF VESSEL OR AIR21 CRAFT. 

22 Section 910 of title 10, United States Code (article 

23 110 of the Uniform Code of Military Justice), is amended 

24 to read as follows: 


emcdonald on DSK3SPTVN1PROD with BILLS
1505 

HR 4909 PCS

1 ‘‘§ 910. Art. 110. Improper hazarding of vessel or air2 craft 

3 ‘‘(a) WILLFUL AND WRONGFUL HAZARDING.—Any 

4 person subject to this chapter who, willfully and wrong5 fully, hazards or suffers to be hazarded any vessel or air6 craft of the armed forces shall be punished by death or 

7 such other punishment as a court-martial may direct. 

8 ‘‘(b) NEGLIGENT HAZARDING.—Any person subject 

9 to this chapter who negligently hazards or suffers to be 

10 hazarded any vessel or aircraft of the armed forces shall 

11 be punished as a court-martial may direct.’’. 

12 SEC. 6923. LEAVING SCENE OF VEHICLE ACCIDENT. 

13 Subchapter X of chapter 47 of title 10, United States 

14 Code, is amended by inserting after section 910 (article 

15 110 of the Uniform Code of Military Justice), as amended 

16 by section 6922, the following new section (article): 

17 ‘‘§ 911. Art. 111. Leaving scene of vehicle accident 

18 ‘‘(a) DRIVER.—Any person subject to this chapter— 

19 ‘‘(1) who is the driver of a vehicle that is in20 volved in an accident that results in personal injury 

21 or property damage; and 

22 ‘‘(2) who wrongfully leaves the scene of the ac23 cident— 

24 ‘‘(A) without providing assistance to an in25 jured person; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1506 

HR 4909 PCS

1 ‘‘(B) without providing personal identifica2 tion to others involved in the accident or to ap3 propriate authorities; 

4 shall be punished as a court-martial may direct. 

5 ‘‘(b) SENIOR PASSENGER.—Any person subject to 

6 this chapter— 

7 ‘‘(1) who is a passenger in a vehicle that is in8 volved in an accident that results in personal injury 

9 or property damage; 

10 ‘‘(2) who is the superior commissioned or non11 commissioned officer of the driver of the vehicle or 

12 is the commander of the vehicle; and 

13 ‘‘(3) who wrongfully and unlawfully orders, 

14 causes, or permits the driver to leave the scene of 

15 the accident— 

16 ‘‘(A) without providing assistance to an in17 jured person; or 

18 ‘‘(B) without providing personal identifica19 tion to others involved in the accident or to ap20 propriate authorities; 

21 shall be punished as a court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1507 

HR 4909 PCS

1 SEC. 6924. DRUNKENNESS AND OTHER INCAPACITATION 

2 OFFENSES. 

3 Section 912 of title 10, United States Code (article 

4 112 of the Uniform Code of Military Justice), is amended 

5 to read as follows: 

6 ‘‘§ 912. Art. 112. Drunkenness and other incapacita7 tion offenses 

8 ‘‘(a) DRUNK ON DUTY.—Any person subject to this 

9 chapter who is drunk on duty shall be punished as a court10 martial may direct. 

11 ‘‘(b) INCAPACITATION FOR DUTY FROM DRUNKEN12 NESS OR DRUG USE.—Any person subject to this chapter 

13 who, as a result of indulgence in any alcoholic beverage 

14 or any drug, is incapacitated for the proper performance 

15 of duty shall be punished as a court-martial may direct. 

16 ‘‘(c) DRUNK PRISONER.—Any person subject to this 

17 chapter who is a prisoner and, while in such status, is 

18 drunk shall be punished as a court-martial may direct.’’. 

19 SEC. 6925. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR 

20 CONVICTION OF DRUNKEN OR RECKLESS OP21 ERATION OF VEHICLE, AIRCRAFT, OR VES22 SEL. 

23 Subsection (b)(3) of section 913 of title 10, United 

24 States Code (article 113 of the Uniform Code of Military 

25 Justice), as transferred and redesignated by section 

26 6901(9), is amended— 


emcdonald on DSK3SPTVN1PROD with BILLS
1508 

HR 4909 PCS

1 (1) by striking ‘‘0.10 grams’’ both places it ap2 pears and inserting ‘‘0.08 grams’’; and 

3 (2) by adding at the end the following new sen4 tence: ‘‘The Secretary may by regulation prescribe 

5 limits that are lower than the limits specified in the 

6 preceding sentence, if such lower limits are based on 

7 scientific developments, as reflected in Federal law 

8 of general applicability.’’. 

9 SEC. 6926. ENDANGERMENT OFFENSES. 

10 Section 914 of title 10, United States Code (article 

11 114 of the Uniform Code of Military Justice), is amended 

12 to read as follows: 

13 ‘‘§ 914. Art. 114. Endangerment offenses 

14 ‘‘(a) RECKLESS ENDANGERMENT.—Any person sub15 ject to this chapter who engages in conduct that— 

16 ‘‘(1) is wrongful and reckless or is wanton; and 

17 ‘‘(2) is likely to produce death or grievous bod18 ily harm to another person; 

19 shall be punished as a court-martial may direct. 

20 ‘‘(b) DUELING.—Any person subject to this chap21 ter— 

22 ‘‘(1) who fights or promotes, or is concerned in 

23 or connives at fighting a duel; or 


emcdonald on DSK3SPTVN1PROD with BILLS
1509 

HR 4909 PCS

1 ‘‘(2) who, having knowledge of a challenge sent 

2 or about to be sent, fails to report the facts prompt3 ly to the proper authority; 

4 shall be punished as a court-martial may direct. 

5 ‘‘(c) FIREARM DISCHARGE, ENDANGERING HUMAN

6 LIFE.—Any person subject to this chapter who, willfully 

7 and wrongly, discharges a firearm, under circumstances 

8 such as to endanger human life shall be punished as a 

9 court-martial may direct. 

10 ‘‘(d) CARRYING CONCEALED WEAPON.—Any person 

11 subject to this chapter who unlawfully carries a dangerous 

12 weapon concealed on or about his person shall be punished 

13 as a court-martial may direct.’’. 

14 SEC. 6927. COMMUNICATING THREATS. 

15 Section 915 of title 10, United States Code (article 

16 115 of the Uniform Code of Military Justice), is amended 

17 to read as follows: 

18 ‘‘§ 915. Art. 115. Communicating threats 

19 ‘‘(a) COMMUNICATING THREATS GENERALLY.—Any 

20 person subject to this chapter who wrongfully commu21 nicates a threat to injure the person, property, or reputa22 tion of another shall be punished as a court-martial may 

23 direct. 

24 ‘‘(b) COMMUNICATING THREAT TO USE EXPLOSIVE, 

25 ETC.—Any person subject to this chapter who wrongfully 


emcdonald on DSK3SPTVN1PROD with BILLS
1510 

HR 4909 PCS

1 communicates a threat to injure the person or property 

2 of another by use of (1) an explosive, (2) a weapon of 

3 mass destruction, (3) a biological or chemical agent, sub4 stance, or weapon, or (4) a hazardous material, shall be 

5 punished as a court-martial may direct. 

6 ‘‘(c) COMMUNICATING FALSE THREAT CONCERNING

7 USE OF EXPLOSIVE, ETC.—Any person subject to this 

8 chapter who maliciously communicates a false threat con9 cerning injury to the person or property of another by use 

10 of (1) an explosive, (2) a weapon of mass destruction, (3) 

11 a biological or chemical agent, substance, or weapon, or 

12 (4) a hazardous material, shall be punished as a court13 martial may direct. As used in the preceding sentence, the 

14 term ‘false threat’ means a threat that, at the time the 

15 threat is communicated, is known to be false by the person 

16 communicating the threat.’’. 

17 SEC. 6928. TECHNICAL AMENDMENT RELATING TO MUR18 DER. 

19 Section 918(4) of title 10, United States Code (article 

20 118(4) of the Uniform Code of Military Justice), is 

21 amended by striking ‘‘forcible sodomy,’’. 

22 SEC. 6929. CHILD ENDANGERMENT. 

23 Subchapter X of chapter 47 of title 10, United States 

24 Code, is amended by inserting after section 919a (article 


emcdonald on DSK3SPTVN1PROD with BILLS
1511 

HR 4909 PCS

1 119a of the Uniform Code of Military Justice), the fol2 lowing new section (article): 

3 ‘‘§ 919b. Art. 119b. Child endangerment 

4 ‘‘Any person subject to this chapter— 

5 ‘‘(1) who has a duty for the care of a child 

6 under the age of 16 years; and 

7 ‘‘(2) who, through design or culpable neg8 ligence, endangers the child’s mental or physical 

9 health, safety, or welfare; 

10 shall be punished as a court-martial may direct.’’. 

11 SEC. 6930. DEPOSIT OF OBSCENE MATTER IN THE MAIL. 

12 Subchapter X of chapter 47 of title 10, United States 

13 Code, is amended by inserting after section 920 (article 

14 120 of the Uniform Code of Military Justice), the fol15 lowing new section (article): 

16 ‘‘§ 920a. Art. 120a. Mails: deposit of obscene matter 

17 ‘‘Any person subject to this chapter who, wrongfully 

18 and knowingly, deposits obscene matter for mailing and 

19 delivery shall be punished as a court-martial may direct.’’. 

20 SEC. 6931. FRAUDULENT USE OF CREDIT CARDS, DEBIT 

21 CARDS, AND OTHER ACCESS DEVICES. 

22 Subchapter X of chapter 47 of title 10, United States 

23 Code, is amended by inserting after section 921 (article 

24 121 of the Uniform Code of Military Justice), the fol25 lowing new section (article): 


emcdonald on DSK3SPTVN1PROD with BILLS
1512 

HR 4909 PCS

1 ‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, 

2 debit cards, and other access devices 

3 ‘‘(a) IN GENERAL.—Any person subject to this chap4 ter who, with intent to defraud, uses— 

5 ‘‘(1) a stolen credit card, debit card, or other 

6 access device; 

7 ‘‘(2) a revoked, cancelled, or otherwise invalid 

8 credit card, debit card, or other access device; or 

9 ‘‘(3) a credit card, debit card, or other access 

10 device without the authorization of a person whose 

11 authorization is required for such use; 

12 to obtain money, property, services, or anything else of 

13 value shall be punished as a court-martial may direct. 

14 ‘‘(b) DEFINITION.—In this section (article), the term 

15 ‘access device’ has the meaning given that term in section 

16 1029 of title 18.’’. 

17 SEC. 6932. FALSE PRETENSES TO OBTAIN SERVICES. 

18 Subchapter X of chapter 47 of title 10, United States 

19 Code, is amended by inserting after section 921a (article 

20 121a of the Uniform Code of Military Justice), as added 

21 by section 6931, the following new section (article): 

22 ‘‘§ 921b. Art. 121b. False pretenses to obtain services 

23 ‘‘Any person subject to this chapter who, with intent 

24 to defraud, knowingly uses false pretenses to obtain serv25 ices shall be punished as a court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1513 

HR 4909 PCS

1 SEC. 6933. ROBBERY. 

2 Section 922 of title 10, United States Code (article 

3 122 of the Uniform Code of Military Justice), is amended 

4 to read as follows: 

5 ‘‘§ 922. Art. 122. Robbery 

6 ‘‘Any person subject to this chapter who takes any7 thing of value from the person or in the presence of an8 other, against his will, by means of force or violence or 

9 fear of immediate or future injury to his person or prop10 erty or to the person or property of a relative or member 

11 of his family or of anyone in his company at the time of 

12 the robbery, is guilty of robbery and shall be punished as 

13 a court-martial may direct.’’. 

14 SEC. 6934. RECEIVING STOLEN PROPERTY. 

15 Subchapter X of chapter 47 of title 10, United States 

16 Code, is amended by inserting after section 922 (article 

17 122 of the Uniform Code of Military Justice), as amended 

18 by section 6933, the following new section (article): 

19 ‘‘§ 922a. Art. 122a. Receiving stolen property 

20 ‘‘Any person subject to this chapter who wrongfully 

21 receives, buys, or conceals stolen property, knowing the 

22 property to be stolen property, shall be punished as a 

23 court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1514 

HR 4909 PCS

1 SEC. 6935. OFFENSES CONCERNING GOVERNMENT COM2 PUTERS. 

3 Subchapter X of chapter 47 of title 10, United States 

4 Code, is amended by inserting after section 922a (article 

5 122a of the Uniform Code of Military Justice), as added 

6 by section 6934, the following new section (article): 

7 ‘‘§ 923. Art. 123. Offenses concerning government 

8 computers 

9 ‘‘(a) IN GENERAL.—Any person subject to this chap10 ter who— 

11 ‘‘(1) knowingly accesses a Government com12 puter, with an unauthorized purpose, and by doing 

13 so obtains classified information, with reason to be14 lieve such information could be used to the injury of 

15 the United States, or to the advantage of any for16 eign nation, and intentionally communicates, deliv17 ers, transmits, or causes to be communicated, deliv18 ered, or transmitted such information to any person 

19 not entitled to receive it; 

20 ‘‘(2) intentionally accesses a Government com21 puter, with an unauthorized purpose, and thereby 

22 obtains classified or other protected information 

23 from any such Government computer; or 

24 ‘‘(3) knowingly causes the transmission of a 

25 program, information, code, or command, and as a 


emcdonald on DSK3SPTVN1PROD with BILLS
1515 

HR 4909 PCS

1 result of such conduct, intentionally causes damage 

2 without authorization, to a Government computer; 

3 shall be punished as a court-martial may direct. 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘computer’ has the meaning 

6 given that term in section 1030 of title 18. 

7 ‘‘(2) The term ‘Government computer’ means a 

8 computer owned or operated by or on behalf of the 

9 United States Government. 

10 ‘‘(3) The term ‘damage’ has the meaning given 

11 that term in section 1030 of title 18.’’. 

12 SEC. 6936. BRIBERY. 

13 Subchapter X of chapter 47 of title 10, United States 

14 Code, is amended by inserting after section 924 (article 

15 124 of the Uniform Code of Military Justice), as trans16 ferred and redesignated by section 6901(14), the following 

17 new section (article): 

18 ‘‘§ 924a. Art. 124a. Bribery 

19 ‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF

20 VALUE.—Any person subject to this chapter— 

21 ‘‘(1) who occupies an official position or who 

22 has official duties; and 

23 ‘‘(2) who wrongfully asks, accepts, or receives a 

24 thing of value with the intent to have the person’s 


emcdonald on DSK3SPTVN1PROD with BILLS
1516 

HR 4909 PCS

1 decision or action influenced with respect to an offi2 cial matter in which the United States is interested; 

3 shall be punished as a court-martial may direct. 

4 ‘‘(b) PROMISING, OFFERING, OR GIVING THING OF

5 VALUE.—Any person subject to this chapter who wrong6 fully promises, offers, or gives a thing of value to another 

7 person, who occupies an official position or who has offi8 cial duties, with the intent to influence the decision or ac9 tion of the other person with respect to an official matter 

10 in which the United States is interested, shall be punished 

11 as a court-martial may direct.’’. 

12 SEC. 6937. GRAFT. 

13 Subchapter X of chapter 47 of title 10, United States 

14 Code, is amended by inserting after section 924a (article 

15 124a of the Uniform Code of Military Justice), as added 

16 by section 6936, the following new section (article): 

17 ‘‘§ 924b. Art. 124b. Graft 

18 ‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF

19 VALUE.—Any person subject to this chapter— 

20 ‘‘(1) who occupies an official position or who 

21 has official duties; and 

22 ‘‘(2) who wrongfully asks, accepts, or receives a 

23 thing of value as compensation for or in recognition 

24 of services rendered or to be rendered by the person 


emcdonald on DSK3SPTVN1PROD with BILLS
1517 

HR 4909 PCS

1 with respect to an official matter in which the 

2 United States is interested; 

3 shall be punished as a court-martial may direct. 

4 ‘‘(b) PROMISING, OFFERING, OR GIVING THING OF

5 VALUE.—Any person subject to this chapter who wrong6 fully promises, offers, or gives a thing of value to another 

7 person, who occupies an official position or who has offi8 cial duties, as compensation for or in recognition of serv9 ices rendered or to be rendered by the other person with 

10 respect to an official matter in which the United States 

11 is interested, shall be punished as a court-martial may di12 rect.’’. 

13 SEC. 6938. KIDNAPPING. 

14 Section 925 of title 10, United States Code (article 

15 125 of the Uniform Code of Military Justice), is amended 

16 to read as follows: 

17 ‘‘§ 925. Art. 125. Kidnapping 

18 ‘‘Any person subject to this chapter who wrongfully— 

19 ‘‘(1) seizes, confines, inveigles, decoys, or car20 ries away another person; and 

21 ‘‘(2) holds the other person against that per22 son’s will; 

23 shall be punished as a court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1518 

HR 4909 PCS

1 SEC. 6939. ARSON; BURNING PROPERTY WITH INTENT TO 

2 DEFRAUD. 

3 Section 926 of title 10, United States Code (article 

4 126 of the Uniform Code of Military Justice), is amended 

5 to read as follows: 

6 ‘‘§ 926. Art. 126. Arson; burning property with intent 

7 to defraud 

8 ‘‘(a) AGGRAVATED ARSON.—Any person subject to 

9 this chapter who, willfully and maliciously, burns or sets 

10 on fire an inhabited dwelling, or any other structure, mov11 able or immovable, wherein, to the knowledge of that per12 son, there is at the time a human being, is guilty of aggra13 vated arson and shall be punished as a court-martial may 

14 direct. 

15 ‘‘(b) SIMPLE ARSON.—Any person subject to this 

16 chapter who, willfully and maliciously, burns or sets fire 

17 to the property of another is guilty of simple arson and 

18 shall be punished as a court-martial may direct. 

19 ‘‘(c) BURNING PROPERTY WITH INTENT TO DE20 FRAUD.—Any person subject to this chapter who, willfully, 

21 maliciously, and with intent to defraud, burns or sets fire 

22 to any property shall be punished as a court-martial may 

23 direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1519 

HR 4909 PCS

1 SEC. 6940. ASSAULT. 

2 Section 928 of title 10, United States Code (article 

3 128 of the Uniform Code of Military Justice), is amended 

4 to read as follows: 

5 ‘‘§ 928. Art. 128. Assault 

6 ‘‘(a) ASSAULT.—Any person subject to this chapter 

7 who, unlawfully and with force or violence— 

8 ‘‘(1) attempts to do bodily harm to another per9 son; 

10 ‘‘(2) offers to do bodily harm to another person; 

11 or 

12 ‘‘(3) does bodily harm to another person; 

13 is guilty of assault and shall be punished as a court-mar14 tial may direct. 

15 ‘‘(b) AGGRAVATED ASSAULT.—Any person subject to 

16 this chapter— 

17 ‘‘(1) who, with the intent to do bodily harm, of18 fers to do bodily harm with a dangerous weapon; or 

19 ‘‘(2) who, in committing an assault, inflicts sub20 stantial bodily harm, or grievous bodily harm on an21 other person; 

22 is guilty of aggravated assault and shall be punished as 

23 a court-martial may direct. 

24 ‘‘(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED

25 OFFENSES.— 


emcdonald on DSK3SPTVN1PROD with BILLS
1520 

HR 4909 PCS

1 ‘‘(1) IN GENERAL.—Any person subject to this 

2 chapter who commits assault with intent to commit 

3 an offense specified in paragraph (2) shall be pun4 ished as a court-martial may direct. 

5 ‘‘(2) OFFENSES SPECIFIED.—The offenses re6 ferred to in paragraph (1) are murder, voluntary 

7 manslaughter, rape, sexual assault, rape of a child, 

8 sexual assault of a child, robbery, arson, burglary, 

9 and kidnapping.’’. 

10 SEC. 6941. BURGLARY AND UNLAWFUL ENTRY. 

11 Section 929 of title 10, United States Code (article 

12 129 of the Uniform Code of Military Justice), and section 

13 929a of such title (article 129a), as redesignated by sec14 tion 6901(10), are amended to read as follows: 

15 ‘‘§ 929. Art. 129. Burglary; unlawful entry 

16 ‘‘(a) BURGLARY.—Any person subject to this chapter 

17 who, with intent to commit an offense under this chapter, 

18 breaks and enters the building or structure of another 

19 shall be punished as a court-martial may direct. 

20 ‘‘(b) UNLAWFUL ENTRY.—Any person subject to this 

21 chapter who unlawfully enters— 

22 ‘‘(1) the real property of another; or 

23 ‘‘(2) the personal property of another which 

24 amounts to a structure usually used for habitation 

25 or storage; 


emcdonald on DSK3SPTVN1PROD with BILLS
1521 

HR 4909 PCS

1 shall be punished as a court-martial may direct.’’. 

2 SEC. 6942. STALKING. 

3 Section 930 of title 10, United States Code (article 

4 130 of the Uniform Code of Military Justice), as trans5 ferred and redesignated by section 6901(11), is amended 

6 to read as follows: 

7 ‘‘§ 930. Art. 130. Stalking 

8 ‘‘(a) IN GENERAL.—Any person subject to this chap9 ter— 

10 ‘‘(1) who wrongfully engages in a course of con11 duct directed at a specific person that would cause 

12 a reasonable person to fear death or bodily harm, in13 cluding sexual assault, to himself or herself, to a 

14 member of his or her immediate family, or to his or 

15 her intimate partner; 

16 ‘‘(2) who has knowledge, or should have knowl17 edge, that the specific person will be placed in rea18 sonable fear of death or bodily harm, including sex19 ual assault, to himself or herself, to a member of his 

20 or her immediate family, or to his or her intimate 

21 partner; and 

22 ‘‘(3) whose conduct induces reasonable fear in 

23 the specific person of death or bodily harm, includ24 ing sexual assault, to himself or herself, to a memVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01521 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1522 

HR 4909 PCS

1 ber of his or her immediate family, or to his or her 

2 intimate partner; 

3 is guilty of stalking and shall be punished as a court-mar4 tial may direct. 

5 ‘‘(b) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘conduct’ means conduct of any 

7 kind, including use of surveillance, the mails, an 

8 interactive computer service, an electronic commu9 nication service, or an electronic communication sys10 tem. 

11 ‘‘(2) The term ‘course of conduct’ means— 

12 ‘‘(A) a repeated maintenance of visual or 

13 physical proximity to a specific person; 

14 ‘‘(B) a repeated conveyance of verbal 

15 threat, written threats, or threats implied by 

16 conduct, or a combination of such threats, di17 rected at or toward a specific person; or 

18 ‘‘(C) a pattern of conduct composed of re19 peated acts evidencing a continuity of purpose. 

20 ‘‘(3) The term ‘repeated’, with respect to con21 duct, means two or more occasions of such conduct. 

22 ‘‘(4) The term ‘immediate family’, in the case 

23 of a specific person, means— 


emcdonald on DSK3SPTVN1PROD with BILLS
1523 

HR 4909 PCS

1 ‘‘(A) that person’s spouse, parent, brother 

2 or sister, child, or other person to whom he or 

3 she stands in loco parentis; or 

4 ‘‘(B) any other person living in his or her 

5 household and related to him or her by blood or 

6 marriage. 

7 ‘‘(5) The term ‘intimate partner’ in the case of 

8 a specific person, means— 

9 ‘‘(A) a former spouse of the specific per10 son, a person who shares a child in common 

11 with the specific person, or a person who cohab12 its with or has cohabited as a spouse with the 

13 specific person; or 

14 ‘‘(B) a person who has been in a social re15 lationship of a romantic or intimate nature with 

16 the specific person, as determined by the length 

17 of the relationship, the type of relationship, and 

18 the frequency of interaction between the per19 sons involved in the relationship.’’. 

20 SEC. 6943. SUBORNATION OF PERJURY. 

21 Subchapter X of chapter 47 of title 10, United States 

22 Code, is amended by inserting after section 931 (article 

23 131 of the Uniform Code of Military Justice), the fol24 lowing new section (article): 


emcdonald on DSK3SPTVN1PROD with BILLS
1524 

HR 4909 PCS

1 ‘‘§ 931a. Art. 131a. Subornation of perjury 

2 ‘‘(a) IN GENERAL.—Any person subject to this chap3 ter who induces and procures another person— 

4 ‘‘(1) to take an oath; and 

5 ‘‘(2) to falsely testify, depose, or state upon 

6 such oath; 

7 shall, if the conditions specified in subsection (b) are satis8 fied, be punished as a court-martial may direct. 

9 ‘‘(b) CONDITIONS.—The conditions referred to in 

10 subsection (a) are the following: 

11 ‘‘(1) The oath is administered with respect to 

12 a matter for which such oath is required or author13 ized by law. 

14 ‘‘(2) The oath is administered by a person hav15 ing authority to do so. 

16 ‘‘(3) Upon the oath, the other person willfully 

17 makes or subscribes a statement. 

18 ‘‘(4) The statement is material. 

19 ‘‘(5) The statement is false. 

20 ‘‘(6) When the statement is made or subscribed, 

21 the person subject to this chapter and the other per22 son do not believe that the statement is true.’’. 

23 SEC. 6944. OBSTRUCTING JUSTICE. 

24 Subchapter X of chapter 47 of title 10, United States 

25 Code, is amended by inserting after section 931a (article 


emcdonald on DSK3SPTVN1PROD with BILLS
1525 

HR 4909 PCS

1 131a of the Uniform Code of Military Justice), as added 

2 by section 6943, the following new section (article): 

3 ‘‘§ 931b. Art. 131b. Obstructing justice 

4 ‘‘Any person subject to this chapter who engages in 

5 conduct in the case of a certain person against whom the 

6 accused had reason to believe there were or would be 

7 criminal or disciplinary proceedings pending, with intent 

8 to influence, impede, or otherwise obstruct the due admin9 istration of justice shall be punished as a court-martial 

10 may direct.’’. 

11 SEC. 6945. MISPRISION OF SERIOUS OFFENSE. 

12 Subchapter X of chapter 47 of title 10, United States 

13 Code, is amended by inserting after section 931b (article 

14 131b of the Uniform Code of Military Justice), as added 

15 by section 6944, the following new section (article): 

16 ‘‘§ 931c. Art. 131c. Misprision of serious offense 

17 ‘‘Any person subject to this chapter— 

18 ‘‘(1) who knows that another person has com19 mitted a serious offense; and 

20 ‘‘(2) wrongfully conceals the commission of the 

21 offense and fails to make the commission of the of22 fense known to civilian or military authorities as 

23 soon as possible; 

24 shall be punished as a court-martial may direct.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1526 

HR 4909 PCS

1 SEC. 6946. WRONGFUL REFUSAL TO TESTIFY. 

2 Subchapter X of chapter 47 of title 10, United States 

3 Code, is amended by inserting after section 931c (article 

4 131c of the Uniform Code of Military Justice), as added 

5 by section 6945, the following new section (article): 

6 ‘‘§ 931d. Art. 131d. Wrongful refusal to testify 

7 ‘‘Any person subject to this chapter who, in the pres8 ence of a court-martial, a board of officers, a military com9 mission, a court of inquiry, preliminary hearing, or an offi10 cer taking a deposition, of or for the United States, wrong11 fully refuses to qualify as a witness or to answer a ques12 tion after having been directed to do so by the person pre13 siding shall be punished as a court-martial may direct.’’. 

14 SEC. 6947. PREVENTION OF AUTHORIZED SEIZURE OF 

15 PROPERTY. 

16 Subchapter X of chapter 47 of title 10, United States 

17 Code, is amended by inserting after section 931d (article 

18 131d of the Uniform Code of Military Justice), as added 

19 by section 6946, the following new section (article): 

20 ‘‘§ 931e. Art. 131e. Prevention of authorized seizure of 

21 property 

22 ‘‘Any person subject to this chapter who, knowing 

23 that one or more persons authorized to make searches and 

24 seizures are seizing, are about to seize, or are endeavoring 

25 to seize property, destroys, removes, or otherwise disposes 


emcdonald on DSK3SPTVN1PROD with BILLS
1527 

HR 4909 PCS

1 of the property with intent to prevent the seizure thereof 

2 shall be punished as a court-martial may direct.’’. 

3 SEC. 6948. WRONGFUL INTERFERENCE WITH ADVERSE AD4 MINISTRATIVE PROCEEDING. 

5 Subchapter X of chapter 47 of title 10, United States 

6 Code, is amended by inserting after section 931f (article 

7 131f of the Uniform Code of Military Justice), as trans8 ferred and redesignated by section 6901(3), the following 

9 new section (article): 

10 ‘‘§ 931g. Art. 131g. Wrongful interference with ad11 verse administrative proceeding 

12 ‘‘Any person subject to this chapter who, having rea13 son to believe that an adverse administrative proceeding 

14 is pending against any person subject to this chapter, 

15 wrongfully acts with the intent— 

16 ‘‘(1) to influence, impede, or obstruct the con17 duct of the proceeding; or 

18 ‘‘(2) otherwise to obstruct the due administra19 tion of justice; 

20 shall be punished as a court-martial may direct.’’. 

21 SEC. 6949. RETALIATION. 

22 Subchapter X of chapter 47 of title 10, United States 

23 Code, is amended by inserting after section 931g (article 

24 131g of the Uniform Code of Military Justice), as added 

25 by section 6948, the following new section (article): 


emcdonald on DSK3SPTVN1PROD with BILLS
1528 

HR 4909 PCS

1 ‘‘§ 932. Art. 132. Retaliation 

2 ‘‘Any person subject to this chapter who, with the in3 tent to retaliate against any person for reporting or plan4 ning to report a criminal offense, or with the intent to 

5 discourage any person from reporting a criminal offense— 

6 ‘‘(1) wrongfully takes or threatens to take an 

7 adverse personnel action against any person; or 

8 ‘‘(2) wrongfully withholds or threatens to with9 hold a favorable personnel action with respect to any 

10 person; 

11 shall be punished as a court-martial may direct.’’. 

12 SEC. 6950. EXTRATERRITORIAL APPLICATION OF CERTAIN 

13 OFFENSES. 

14 Section 934 of title 10, United States Code (article 

15 134 of the Uniform Code of Military Justice), is amended 

16 by adding at the end the following new sentence: ‘‘As used 

17 in the preceding sentence, the term ‘crimes and offenses 

18 not capital’ includes any conduct engaged in outside the 

19 United States, as defined in section 5 of title 18, that 

20 would constitute a crime or offense not capital if the con21 duct had been engaged in within the special maritime and 

22 territorial jurisdiction of the United States, as defined in 

23 section 7 of title 18.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1529 

HR 4909 PCS

1 SEC. 6951. TABLE OF SECTIONS. 

2 The table of sections at the beginning of subchapter 

3 X of chapter 47 of title 10, United States Code, is amend4 ed to read as follows: 

‘‘Sec. Art.

‘‘877. 77. Principals. 

‘‘878. 78. Accessory after the fact. 

‘‘879. 79. Conviction of offense charged, lesser included offenses, and attempts. 

‘‘880. 80. Attempts. 

‘‘881. 81. Conspiracy. 

‘‘882. 82. Soliciting commission of offenses. 

‘‘883. 83. Malingering. 

‘‘884. 84. Breach of medical quarantine. 

‘‘885. 85. Desertion. 

‘‘886. 86. Absence without leave. 

‘‘887. 87. Missing movement; jumping from vessel. 

‘‘887a. 87a. Resistance, flight, breach of arrest, and escape. 

‘‘887b. 87b. Offenses against correctional custody and restriction. 

‘‘888. 88. Contempt toward officials. 

‘‘889. 89. Disrespect toward superior commissioned officer; assault of superior 

commissioned officer. 

‘‘890. 90. Willfully disobeying superior commissioned officer. 

‘‘891. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. 

‘‘892. 92. Failure to obey order or regulation. 

‘‘893. 93. Cruelty and maltreatment. 

‘‘893a. 93a. Prohibited activities with military recruit or trainee by person in 

position of special trust. 

‘‘894. 94. Mutiny or sedition. 

‘‘895. 95. Offenses by sentinel or lookout. 

‘‘895a. 95a. Disrespect toward sentinel or lookout. 

‘‘896. 96. Release of prisoner without authority; drinking with prisoner. 

‘‘897. 97. Unlawful detention. 

‘‘898. 98. Misconduct as prisoner. 

‘‘899. 99. Misbehavior before the enemy. 

‘‘900. 100. Subordinate compelling surrender. 

‘‘901. 101. Improper use of countersign. 

‘‘902. 102. Forcing a safeguard. 

‘‘903. 103. Spies. 

‘‘903a. 103a. Espionage. 

‘‘903b. 103b. Aiding the enemy. 

‘‘904. 104. Public records offenses. 

‘‘904a. 104a. Fraudulent enlistment, appointment, or separation. 

‘‘904b. 104b. Unlawful enlistment, appointment, or separation. 

‘‘905. 105. Forgery. 

‘‘905a. 105a. False or unauthorized pass offenses. 

‘‘906. 106. Impersonation of officer, noncommissioned or petty officer, or agent 

of official. 

‘‘906a. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, 

or lapel button. 

‘‘907. 107. False official statements; false swearing. 


emcdonald on DSK3SPTVN1PROD with BILLS
1530 

HR 4909 PCS

‘‘907a. 107a. Parole violation. 

‘‘908. 108. Military property of United States—Loss, damage, destruction, or 

wrongful, disposition. 

‘‘908a. 108a. Captured or abandoned property. 

‘‘909. 109. Property other than military property of United States—Waste, 

spoilage, or destruction. 

‘‘909a 109a. Mail matter: wrongful taking, opening, etc. 

‘‘910. 110. Improper hazarding of vessel or aircraft. 

‘‘911. 111. Leaving scene of vehicle accident. 

‘‘912. 112. Drunkenness and other incapacitation offenses. 

‘‘912a. 112a. Wrongful use, possession, etc., of controlled substances. 

‘‘913. 113. Drunken or reckless operation of vehicle, aircraft, or vessel. 

‘‘914. 114. Endangerment offenses. 

‘‘915. 115. Communicating threats. 

‘‘916. 116. Riot or breach or peace. 

‘‘917. 117. Provoking speeches or gestures. 

‘‘918. 118. Murder. 

‘‘919. 119. Manslaughter. 

‘‘919a. 119a. Death or injury of an unborn child. 

‘‘919b. 119b. Child endangerment. 

‘‘920. 120. Rape and sexual assault generally. 

‘‘920a. 120a. Mails: deposit of obscene matter. 

‘‘920b. 120b. Rape and sexual assault of a child. 

‘‘920c. 120c. Other sexual misconduct. 

‘‘921. 121. Larceny and wrong appropriation. 

‘‘921a. 121a. Fraudulent use of credit cards, debit cards, and other access devices. 

‘‘921b. 121b. False pretenses to obtain services. 

‘‘922. 122. Robbery. 

‘‘922a. 122a. Receiving stolen property. 

‘‘923. 213. Offenses concerning Government computers. 

‘‘923a. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds. 

‘‘924. 124. Frauds against the United States. 

‘‘924a. 124. Bribery. 

‘‘924b. 124b. Graft. 

‘‘925. 125. Kidnapping. 

‘‘926. 126. Arson; burning property with intent to defraud. 

‘‘927. 127. Extortion. 

‘‘928. 128. Assault. 

‘‘928a. 128a. Maiming. 

‘‘929. 129. Burglary; unlawful entry. 

‘‘930. 130 Stalking. 

‘‘931. 131. Perjury. 

‘‘931a. 131a. Subornation of perjury. 

‘‘931b. 131b. Obstruction justice. 

‘‘931c. 131c. Misprision of serious offense. 

‘‘931d. 131d. Wrongful refusal to testify. 

‘‘931e. 131e. Prevention of authorized seizure of property. 

‘‘931f. 131f. Noncompliance with procedural rules. 

‘‘931g. 131g. Wrongful interference with adverse administrative proceeding. 

‘‘932. 132. Retaliation. 

‘‘933. 133. Conduct unbecoming an officer and a gentleman. 

‘‘934. 134. General article.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1531 

HR 4909 PCS

1 TITLE LXX—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 7001. TECHNICAL AMENDMENT RELATING TO COURTS 

4 OF INQUIRY. 

5 Section 935(c) of title 10, United States Code (article 

6 135(c) of the Uniform Code of Military Justice), is amend7 ed— 

8 (1) by striking ‘‘(c) Any person’’ and inserting 

9 ‘‘(c)(1) Any person’’; 

10 (2) by designating the second and third sen11 tences as paragraphs (2) and (3), respectively; and 

12 (3) in paragraph (2), as so designated, by strik13 ing ‘‘subject to this chapter or employed by the De14 partment of Defense’’ and inserting ‘‘who is (A) sub15 ject to this chapter, (B) employed by the Depart16 ment of Defense, or (C) with respect to the Coast 

17 Guard, employed by the department in which the 

18 Coast Guard is operating when it is not operating as 

19 a service in the Navy, and’’. 

20 SEC. 7002. TECHNICAL AMENDMENT TO ARTICLE 136. 

21 Section 936 of title 10, United States Code (article 

22 136 of the Uniform Code of Military Justice), is amended 

23 by striking the last five words in the section heading. 


emcdonald on DSK3SPTVN1PROD with BILLS
1532 

HR 4909 PCS

1 SEC. 7003. ARTICLES OF UNIFORM CODE OF MILITARY JUS2 TICE TO BE EXPLAINED TO OFFICERS UPON 

3 COMMISSIONING. 

4 Section 937 of title 10, United States Code (article 

5 137 of the Uniform Code of Military Justice), is amend6 ed— 

7 (1) in subsection (a), by striking ‘‘(a)(1) The 

8 sections of this title (articles of the Uniform Code of 

9 Military Justice)’’ and inserting ‘‘(a) ENLISTED

10 MEMBERS.—(1) The sections (articles) of this chap11 ter (the Uniform Code of Military Justice)’’; 

12 (2) by striking subsection (b); and 

13 (3) by inserting after subsection (a) the fol14 lowing new subsections: 

15 ‘‘(b) OFFICERS.—(1) The sections (articles) of this 

16 chapter (the Uniform Code of Military Justice) specified 

17 in paragraph (2) shall be carefully explained to each offi18 cer at the time of (or within six months after)— 

19 ‘‘(A) the initial entrance of the officer on active 

20 duty as an officer; or 

21 ‘‘(B) the initial commissioning of the officer in 

22 a reserve component. 

23 ‘‘(2) This subsection applies with respect to the sec24 tions (articles) specified in subsection (a)(3) and such 

25 other sections (articles) as the Secretary concerned may 

26 prescribe by regulation. 


emcdonald on DSK3SPTVN1PROD with BILLS
1533 

HR 4909 PCS

1 ‘‘(c) TRAINING FOR CERTAIN OFFICERS.—Under 

2 regulations prescribed by the Secretary concerned, officers 

3 with the authority to convene courts-martial or to impose 

4 non-judicial punishment shall receive periodic training re5 garding the purposes and administration of this chapter. 

6 Under regulations prescribed by the Secretary of Defense, 

7 officers assigned to duty in a combatant command, who 

8 have such authority, shall receive additional specialized 

9 training regarding the purposes and administration of this 

10 chapter. 

11 ‘‘(d) AVAILABILITY AND MAINTENANCE OF TEXT.— 

12 The text of this chapter (the Uniform Code of Military 

13 Justice) and the text of the regulations prescribed by the 

14 President under this chapter shall be— 

15 ‘‘(1) made available to a member on active duty 

16 or to a member of a reserve component, upon re17 quest by the member, for the member’s personal ex18 amination; and 

19 ‘‘(2) maintained by the Secretary of Defense in 

20 electronic formats that are updated periodically and 

21 made available on the Internet.’’. 

22 SEC. 7004. MILITARY JUSTICE CASE MANAGEMENT; DATA 

23 COLLECTION AND ACCESSIBILITY. 

24 (a) IN GENERAL.—Subchapter XI of chapter 47 of 

25 title 10, United States Code (the Uniform Code of Military 


emcdonald on DSK3SPTVN1PROD with BILLS
1534 

HR 4909 PCS

1 Justice), is amended by adding at the end the following 

2 new section (article): 

3 ‘‘§ 940a. Art. 140a. Case management; data collection 

4 and accessibility 

5 ‘‘The Secretary of Defense shall prescribe uniform 

6 standards and criteria for conduct of each of the following 

7 functions at all stages of the military justice system, in8 cluding pretrial, trial, post-trial, and appellate processes, 

9 using, insofar as practicable, the best practices of Federal 

10 and State courts: 

11 ‘‘(1) Collection and analysis of data concerning 

12 substantive offenses and procedural matters in a 

13 manner that facilitates case management and deci14 sion making within the military justice system, and 

15 that enhances the quality of periodic reviews under 

16 section 946 of this title (article 146). 

17 ‘‘(2) Case processing and management. 

18 ‘‘(3) Timely, efficient, and accurate production 

19 and distribution of records of trial within the mili20 tary justice system. 

21 ‘‘(4) Facilitation of access to docket informa22 tion, filings, and records, taking into consideration 

23 restrictions appropriate to judicial proceedings and 

24 military records.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1535 

HR 4909 PCS

1 (b) EFFECTIVE DATES.—(1) Not later than 2 years 

2 after the date of the enactment of this Act, the Secretary 

3 of Defense shall carry out section 940a of title 10, United 

4 States Code (article 140a of the Uniform Code of Military 

5 Justice), as added by subsection (a). 

6 (2) Not later than 4 years after the date of the enact7 ment of this Act, the standards and criteria under section 

8 940a of title 10, United States Code (article 140a of the 

9 Uniform Code of Military Justice), as added by subsection 

10 (a), shall take effect. 

11 SEC. 7005. RETURN OF CERTAIN LANDS AT FORT WINGATE 

12 TO THE ORIGINAL INHABITANTS ACT. 

13 (a) SHORT TITLE.—This section may be cited as the 

14 ‘‘Return of Certain Lands At Fort Wingate to The Origi15 nal Inhabitants Act’’. 

16 (b) DIVISION AND TREATMENT OF LANDS OF

17 FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEX18 ICO, TO BENEFIT THE ZUNI TRIBE AND NAVAJO NA19 TION.— 

20 (1) IMMEDIATE TRUST ON BEHALF OF ZUNI

21 TRIBE; EXCEPTION.—Subject to valid existing rights 

22 and to easements reserved pursuant to subsection 

23 (c), all right, title, and interest of the United States 

24 in and to the lands of Former Fort Wingate Depot 

25 Activity depicted in dark blue on the map titled 


emcdonald on DSK3SPTVN1PROD with BILLS
1536 

HR 4909 PCS

1 ‘‘The Fort Wingate Depot Activity Negotiated Prop2 erty Division April 2016’’ (in this section referred to 

3 as the ‘‘Map’’) and transferred to the Secretary of 

4 the Interior are to be held in trust by the Secretary 

5 of the Interior for the Zuni Tribe as part of the 

6 Zuni Reservation, unless the Zuni Tribe otherwise 

7 elects under clause (ii) of paragraph (3)(C) to have 

8 the parcel conveyed to it in Restricted Fee Status. 

9 (2) IMMEDIATE TRUST ON BEHALF OF THE

10 NAVAJO NATION; EXCEPTION.—Subject to valid ex11 isting rights and to easements reserved pursuant to 

12 subsection (c), all right, title, and interest of the 

13 United States in and to the lands of Former Fort 

14 Wingate Depot Activity depicted in dark green on 

15 the Map and transferred to the Secretary of the In16 terior are to be held in trust by the Secretary of the 

17 Interior for the Navajo Nation as part of the Navajo 

18 Reservation, unless the Navajo Nation otherwise 

19 elects under clause (ii) of paragraph (3)(C) to have 

20 the parcel conveyed to it in Restricted Fee Status. 

21 (3) SUBSEQUENT TRANSFER AND TRUST; RE22 STRICTED FEE STATUS ALTERNATIVE.— 

23 (A) TRANSFER UPON COMPLETION OF RE24 MEDIATION.—Not later than 60 days after the 

25 date on which the Secretary of the Army, with 


emcdonald on DSK3SPTVN1PROD with BILLS
1537 

HR 4909 PCS

1 the concurrence of the New Mexico Environ2 ment Department, notifies the Secretary of the 

3 Interior that remediation of a parcel of land of 

4 Former Fort Wingate Depot Activity has been 

5 completed consistent with subsection (d), the 

6 Secretary of the Army shall transfer adminis7 trative jurisdiction over the parcel to the Sec8 retary of the Interior. 

9 (B) NOTIFICATION OF TRANSFER.—Not 

10 later than 30 days after the date on which the 

11 Secretary of the Army transfers administrative 

12 jurisdiction over a parcel of land of Former 

13 Fort Wingate Depot Activity under subpara14 graph (A), the Secretary of the Interior shall 

15 notify the Zuni Tribe and Navajo Nation of the 

16 transfer of administrative jurisdiction over the 

17 parcel. 

18 (C) TRUST OR RESTRICTED FEE STA19 TUS.— 

20 (i) TRUST.—Except as provided in 

21 clause (ii), the Secretary of the Interior 

22 shall hold each parcel of land of Former 

23 Fort Wingate Depot Activity transferred 

24 under subparagraph (A) in trust— 


emcdonald on DSK3SPTVN1PROD with BILLS
1538 

HR 4909 PCS

1 (I) for the Zuni Tribe, in the 

2 case of land depicted in blue on the 

3 Map; or 

4 (II) for the Navajo Nation, in the 

5 case of land depicted in green on the 

6 Map. 

7 (ii) RESTRICTED FEE STATUS.—In 

8 lieu of having a parcel of land held in trust 

9 under clause (i), the Zuni Tribe, with re10 spect to land depicted in blue on the Map, 

11 and the Navajo Nation, with respect to 

12 land depicted in green on the Map, may 

13 elect to have the Secretary of the Interior 

14 convey the parcel or any portion of the 

15 parcel to it in restricted fee status. 

16 (iii) NOTIFICATION OF ELECTION.— 

17 Not later than 45 days after the date on 

18 which the Zuni Tribe or the Navajo Nation 

19 receives notice under subparagraph (B) of 

20 the transfer of administrative jurisdiction 

21 over a parcel of land of Former Fort 

22 Wingate Depot Activity, the Zuni Tribe or 

23 the Navajo Nation shall notify the Sec24 retary of the Interior of an election under 

25 clause (ii) for conveyance of the parcel or 


emcdonald on DSK3SPTVN1PROD with BILLS
1539 

HR 4909 PCS

1 any portion of the parcel in restricted fee 

2 status. 

3 (iv) CONVEYANCE.—As soon as prac4 ticable after receipt of a notice from the 

5 Zuni Tribe or the Navajo Nation under 

6 clause (iii), but in no case later than 6 

7 months after receipt of the notice, the Sec8 retary of the Interior shall convey, in re9 stricted fee status, the parcel of land of 

10 Former Fort Wingate Depot Activity cov11 ered by the notice to the Zuni Tribe or the 

12 Navajo Nation, as the case may be. 

13 (v) RESTRICTED FEE STATUS DE14 FINED.—For purposes of this section only, 

15 the term ‘‘restricted fee status’’, with re16 spect to land conveyed under clause (iv), 

17 means that the land so conveyed— 

18 (I) shall be owned in fee by the 

19 Indian tribe to whom the land is con20 veyed; 

21 (II) shall be part of the Indian 

22 tribe’s Reservation and expressly 

23 made subject to the jurisdiction of the 

24 Indian Tribe; 


emcdonald on DSK3SPTVN1PROD with BILLS
1540 

HR 4909 PCS

1 (III) shall not be sold by the In2 dian tribe without the consent of Con3 gress; 

4 (IV) shall not be subject to tax5 ation by a State or local government 

6 other than the government of the In7 dian tribe; and 

8 (V) shall not be subject to any 

9 provision of law providing for the re10 view or approval by the Secretary of 

11 the Interior before an Indian tribe 

12 may use the land for any purpose, di13 rectly or through agreement with an14 other party. 

15 (4) SURVEY AND BOUNDARY REQUIREMENTS.— 

16 (A) IN GENERAL.—The Secretary of the 

17 Interior shall— 

18 (i) provide for the survey of lands of 

19 Former Fort Wingate Depot Activity taken 

20 into trust for the Zuni Tribe or the Navajo 

21 Nation or conveyed in restricted fee status 

22 for the Zuni Tribe or the Navajo Nation 

23 under paragraph (1), (2), or (3); and 


emcdonald on DSK3SPTVN1PROD with BILLS
1541 

HR 4909 PCS

1 (ii) establish legal boundaries based 

2 on the Map as parcels are taken into trust 

3 or conveyed in restricted fee status. 

4 (B) CONSULTATION.—Not later than 90 

5 days after the date of the enactment of this sec6 tion, the Secretary of the Interior shall consult 

7 with the Zuni Tribe and the Navajo Nation to 

8 determine their priorities regarding the order in 

9 which parcels should be surveyed and, to the 

10 greatest extent feasible, the Secretary shall fol11 low these priorities. 

12 (5) RELATION TO CERTAIN REGULATIONS.— 

13 Part 151 of title 25, Code of Federal Regulations, 

14 shall not apply to taking lands of Former Fort 

15 Wingate Depot Activity into trust under paragraph 

16 (1), (2), or (3). 

17 (6) FORT WINGATE LAUNCH COMPLEX LAND

18 STATUS.—Upon certification by the Secretary of De19 fense that the area generally depicted as ‘‘Fort 

20 Wingate Launch Complex’’ on the Map is no longer 

21 required for military purposes and can be trans22 ferred to the Secretary of the Interior— 

23 (A) the areas generally depicted as 

24 ‘‘FWLC A’’ and ‘‘FWLC B’’ on the Map shall 

25 be held in trust by the Secretary of the Interior 


emcdonald on DSK3SPTVN1PROD with BILLS
1542 

HR 4909 PCS

1 for the Zuni Tribe in accordance with this sub2 section; and 

3 (B) the areas generally depicted as 

4 ‘‘FWLC C’’ and ‘‘FWLC D’’ on the Map shall 

5 be held in trust by the Secretary of the Interior 

6 for the Navajo Nation in accordance with this 

7 subsection. 

8 (c) RETENTION OF NECESSARY EASEMENTS AND AC9 CESS.— 

10 (1) TREATMENT OF EXISTING EASEMENTS, 

11 PERMIT RIGHTS, AND RIGHTS-OF-WAY.— 

12 (A) IN GENERAL.—The lands of Former 

13 Fort Wingate Depot Activity held in trust or 

14 conveyed in restricted fee status pursuant to 

15 subsection (b) shall be held in trust with ease16 ments, permit rights, and rights-of-way, and ac17 cess associated with such easements, permit 

18 rights, and rights-of-way, of any applicable util19 ity service provider in existence or for which an 

20 application is pending for existing facilities at 

21 the time of the conveyance or change to trust 

22 status, including the right to upgrade applicable 

23 utility services recognized and preserved, in per24 petuity and without the right of revocation (ex25 cept as provided in subparagraph (B)). 


emcdonald on DSK3SPTVN1PROD with BILLS
1543 

HR 4909 PCS

1 (B) TERMINATION.—An easement, permit 

2 right, or right-of-way recognized and preserved 

3 under subparagraph (A) shall terminate only— 

4 (i) on the relocation of an applicable 

5 utility service referred to in subparagraph 

6 (A), but only with respect to that portion 

7 of the utility facilities that are relocated; or 

8 (ii) with the consent of the holder of 

9 the easement, permit right, or right-of10 way. 

11 (C) ADDITIONAL EASEMENTS.—The Sec12 retary of the Interior shall grant to a utility 

13 service provider, without consideration, such ad14 ditional easements across lands held in trust or 

15 conveyed in restricted fee status pursuant to 

16 subsection (b) as the Secretary considers nec17 essary to accommodate the relocation or re18 connection of a utility service existing on the 

19 date of enactment of this section. 

20 (2) ACCESS FOR ENVIRONMENTAL RESPONSE

21 ACTIONS.—The lands of Former Fort Wingate 

22 Depot Activity held in trust or conveyed in restricted 

23 fee status pursuant to subsection (b) shall be subject 

24 to reserved access by the United States as the Sec25 retary of the Army and the Secretary of the Interior 


emcdonald on DSK3SPTVN1PROD with BILLS
1544 

HR 4909 PCS

1 determine are reasonably required to permit access 

2 to lands of Former Fort Wingate Depot Activity for 

3 administrative and environmental response purposes. 

4 The Secretary of the Army shall provide to the gov5 ernments of the Zuni Tribe and the Navajo Nation 

6 written copies of all access reservations under this 

7 subsection. 

8 (3) SHARED ACCESS.— 

9 (A) PARCEL 1 SHARED CULTURAL AND RE10 LIGIOUS ACCESS.—In the case of the lands of 

11 Former Fort Wingate Depot Activity depicted 

12 as Parcel 1 on the Map, the lands shall be held 

13 in trust subject to a shared easement for cul14 tural and religious purposes only. Both the 

15 Zuni Tribe and the Navajo Nation shall have 

16 unhindered access to their respective cultural 

17 and religious sites within Parcel 1. Within 1 

18 year after the date of the enactment of this sec19 tion, the Zuni Tribe and the Navajo Nation 

20 shall exchange detailed information to docu21 ment the existence of cultural and religious 

22 sites within Parcel 1 for the purpose of carrying 

23 out this subparagraph. The information shall 

24 also be provided to the Secretary of the Inte25 rior. 


emcdonald on DSK3SPTVN1PROD with BILLS
1545 

HR 4909 PCS

1 (B) OTHER SHARED ACCESS.—Subject to 

2 the written consent of both the Zuni Tribe and 

3 the Navajo Nation, the Secretary of the Interior 

4 may facilitate shared access to other lands held 

5 in trust or restricted fee status pursuant to 

6 subsection (b), including, but not limited to, re7 ligious and cultural sites. 

8 (4) I–40 FRONTAGE ROAD ENTRANCE.—The ac9 cess road for the Former Fort Wingate Depot Activ10 ity, which originates at the frontage road for Inter11 state 40 and leads to the parcel of the Former Fort 

12 Wingate Depot Activity depicted as ‘‘administration 

13 area’’ on the Map, shall be held in common by the 

14 Zuni Tribe and Navajo Nation to provide for equal 

15 access to Former Fort Wingate Depot Activity. 

16 (5) COMPATIBILITY WITH DEFENSE ACTIVI17 TIES.—The lands of Former Fort Wingate Depot 

18 Activity held in trust or conveyed in restricted fee 

19 status pursuant to subsection (b) shall be subject to 

20 reservations by the United States as the Secretary 

21 of Defense determines are reasonably required to 

22 permit access to lands of the Fort Wingate launch 

23 complex for administrative, test operations, and 

24 launch operations purposes. The Secretary of De25 fense shall provide the governments of the Zuni 


emcdonald on DSK3SPTVN1PROD with BILLS
1546 

HR 4909 PCS

1 Tribe and the Navajo Nation written copies of all 

2 reservations under this paragraph. 

3 (d) ENVIRONMENTAL REMEDIATION.—Nothing in 

4 this section shall be construed as alleviating, altering, or 

5 affecting the responsibility of the United States for clean6 up and remediation of Former Fort Wingate Depot Activ7 ity in accordance with the Comprehensive Environmental 

8 Response, Compensation, and Liability Act of 1980. 

9 (e) PROHIBITION ON GAMING.—Any real property of 

10 the Former Fort Wingate Depot Activity and all other real 

11 property subject to this section shall not be eligible, or 

12 used, for any gaming activity carried out under the Indian 

13 Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 

14 TITLE LXXI—MILITARY JUSTICE 

15 REVIEW PANEL AND ANNUAL 

16 REPORTS 

17 SEC. 7101. MILITARY JUSTICE REVIEW PANEL. 

18 Section 946 of title 10, United States Code (article 

19 146 of the Uniform Code of Military Justice), is amended 

20 to read as follows: 

21 ‘‘§ 946. Art. 146. Military Justice Review Panel 

22 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

23 shall establish a panel to conduct independent periodic re24 views and assessments of the operation of this chapter. 


emcdonald on DSK3SPTVN1PROD with BILLS
1547 

HR 4909 PCS

1 The panel shall be known as the ‘Military Justice Review 

2 Panel’, in this section referred to as the ‘Panel’. 

3 ‘‘(b) MEMBERS.—(1) The Panel shall be composed 

4 of thirteen members. 

5 ‘‘(2) Each of the following shall select one member 

6 of the Panel: 

7 ‘‘(A) The Secretary of Defense (in consultation 

8 with the Secretary of the department in which the 

9 Coast Guard is operating when it is not operating as 

10 a service in the Navy). 

11 ‘‘(B) The Attorney General. 

12 ‘‘(C) The Judge Advocates General of the 

13 Army, Navy, Air Force, and Coast Guard, and the 

14 Staff Judge Advocate to the Commandant of the 

15 Marine Corps. 

16 ‘‘(3) The Secretary of Defense shall select the re17 maining members of the Panel, taking into consideration 

18 recommendations made by each of the following: 

19 ‘‘(A) The chairman and ranking minority mem20 ber of the Committee on Armed Services of the Sen21 ate and the Committee on Armed Services of the 

22 House of Representatives. 

23 ‘‘(B) The Chief Justice of the United States. 

24 ‘‘(C) The Chief Judge of the United States 

25 Court of Appeals for the Armed Forces. 


emcdonald on DSK3SPTVN1PROD with BILLS
1548 

HR 4909 PCS

1 ‘‘(c) QUALIFICATIONS OF MEMBERS.—The members 

2 of the Panel shall be appointed from among private United 

3 States citizens with expertise in criminal law, as well as 

4 appropriate and diverse experience in investigation, pros5 ecution, defense, victim representation, or adjudication 

6 with respect to courts-martial, Federal civilian courts, or 

7 State courts. 

8 ‘‘(d) CHAIR.—The Secretary of Defense shall select 

9 the chair of the Panel from among the members. 

10 ‘‘(e) TERM; VACANCIES.—Each member shall be ap11 pointed for a term of eight years, and no member may 

12 serve more than one term. Any vacancy shall be filled in 

13 the same manner as the original appointment. 

14 ‘‘(f) REVIEWS AND REPORTS.— 

15 ‘‘(1) INITIAL REVIEW OF RECENT AMENDMENTS

16 TO UCMJ.—During fiscal year 2020, the Panel shall 

17 conduct an initial review and assessment of the im18 plementation of the amendments made to this chap19 ter during the preceding five years. In conducting 

20 the initial review and assessment, the Panel may re21 view such other aspects of the operation of this 

22 chapter as the Panel considers appropriate. 

23 ‘‘(2) PERIODIC COMPREHENSIVE REVIEWS.— 

24 During fiscal year 2024 and every eight years thereVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01548 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1549 

HR 4909 PCS

1 after, the Panel shall conduct a comprehensive re2 view and assessment of the operation of this chapter. 

3 ‘‘(3) PERIODIC INTERIM REVIEWS.—During fis4 cal year 2028 and every eight years thereafter, the 

5 Panel shall conduct an interim review and assess6 ment of such other aspects of the operation of this 

7 chapter as the Panel considers appropriate. In addi8 tion, at the request of the Secretary of Defense, the 

9 Panel may, at any time, review and assess other spe10 cific matters relating to the operation of this chap11 ter. 

12 ‘‘(4) REPORTS.—Not later than December 31 

13 of each year during which the Panel conducts a re14 view and assessment under this subsection, the 

15 Panel shall submit a report on the results, including 

16 the Panel’s findings and recommendations, through 

17 the Secretary of Defense to the Committees on 

18 Armed Services of the Senate and the House of Rep19 resentatives. 

20 ‘‘(g) HEARINGS.—The Panel may hold such hearings, 

21 sit and act at such times and places, take such testimony, 

22 and receive such evidence as the Panel considers appro23 priate to carry out its duties under this section. 

24 ‘‘(h) INFORMATION FROM FEDERAL AGENCIES.— 

25 Upon request of the chair of the Panel, a department or 


emcdonald on DSK3SPTVN1PROD with BILLS
1550 

HR 4909 PCS

1 agency of the Federal Government shall provide informa2 tion that the Panel considers necessary to carry out its 

3 duties under this section. 

4 ‘‘(i) ADMINISTRATIVE MATTERS.— 

5 ‘‘(1) MEMBERS TO SERVE WITHOUT PAY.— 

6 Members of the Panel shall serve without pay, but 

7 shall be allowed travel expenses, including per diem 

8 in lieu of subsistence, at rates authorized for em9 ployees of agencies under subchapter I of chapter 57 

10 of title 5, while away from their homes or regular 

11 places of business in the performance of services for 

12 the Panel. 

13 ‘‘(2) STAFFING AND RESOURCES.—The Sec14 retary of Defense shall provide staffing and re15 sources to support the Panel. 

16 ‘‘(j) NO TERMINATION.—The authority of the Panel 

17 under this section does not terminate.’’. 

18 SEC. 7102. ANNUAL REPORTS. 

19 Subchapter XII of chapter 47 of title 10, United 

20 States Code (the Uniform Code of Military Justice), is 

21 amended by adding at the end the following new section 

22 (article): 

23 ‘‘§ 946a. Art. 146a. Annual reports 

24 ‘‘(a) COURT OF APPEALS FOR THE ARMED

25 FORCES.—Not later than December 31 of each year, the 


emcdonald on DSK3SPTVN1PROD with BILLS
1551 

HR 4909 PCS

1 Court of Appeals for the Armed Forces shall submit a re2 port that, with respect to the previous fiscal year, provides 

3 information on the number and status of pending cases 

4 and such other matters as the Court considers appropriate 

5 regarding the operation of this chapter. 

6 ‘‘(b) SERVICE REPORTS.—Not later than December 

7 31 of each year, the Judge Advocates General and the 

8 Staff Judge Advocate to the Commandant of the Marine 

9 Corps shall each submit a report, with respect to the pre10 ceding fiscal year, containing the following: 

11 ‘‘(1) Data on the number and status of pending 

12 cases. 

13 ‘‘(2) Information on the appellate review proc14 ess, including— 

15 ‘‘(A) information on compliance with proc16 essing time goals; 

17 ‘‘(B) descriptions of the circumstances sur18 rounding cases in which general or special 

19 court-martial convictions were (i) reversed be20 cause of command influence or denial of the 

21 right to speedy review or (ii) otherwise remitted 

22 because of loss of records of trial or other ad23 ministrative deficiencies; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1552 

HR 4909 PCS

1 ‘‘(C) an analysis of each case in which a 

2 provision of this chapter was held unconstitu3 tional. 

4 ‘‘(3)(A) An explanation of measures imple5 mented by the armed force involved to ensure the 

6 ability of judge advocates— 

7 ‘‘(i) to participate competently as trial 

8 counsel and defense counsel in cases under 

9 this chapter; 

10 ‘‘(ii) to preside as military judges in 

11 cases under this chapter; and 

12 ‘‘(iii) to perform the duties of Special 

13 Victims’ Counsel, when so designated 

14 under section 1044e of this title. 

15 ‘‘(B) The explanation under subparagraph 

16 (A) shall specifically identify the measures that 

17 focus on capital cases, national security cases, 

18 sexual assault cases, and proceedings of mili19 tary commissions. 

20 ‘‘(4) The independent views of each Judge Ad21 vocate General and of the Staff Judge Advocate to 

22 the Commandant of the Marine Corps as to the suf23 ficiency of resources available within the respective 

24 armed forces, including total workforce, funding, 


emcdonald on DSK3SPTVN1PROD with BILLS
1553 

HR 4909 PCS

1 training, and officer and enlisted grade structure, to 

2 capably perform military justice functions. 

3 ‘‘(5) Such other matters regarding the oper4 ation of this chapter as may be appropriate. 

5 ‘‘(c) SUBMISSION.—Each report under this section 

6 shall be submitted— 

7 ‘‘(1) to the Committee on Armed Services of 

8 the Senate and the Committee on Armed Services of 

9 the House of Representatives; and 

10 ‘‘(2) to the Secretary of Defense, the Secre11 taries of the military departments, and the Secretary 

12 of the department in which the Coast Guard is oper13 ating when it is not operating as a service in the 

14 Navy.’’. 

15 TITLE LXXII—CONFORMING 

16 AMENDMENTS AND EFFEC17 TIVE DATES 

18 SEC. 7201. AMENDMENTS TO UCMJ SUBCHAPTER TABLES 

19 OF SECTIONS. 

20 The tables of sections for the specified subchapters 

21 of chapter 47 of title 10, United States Code (the Uniform 

22 Code of Military Justice), are amended as follows: 

23 (1) The table of sections at the beginning of 

24 subchapter II is amended by striking the item relatVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01553 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1554 

HR 4909 PCS

1 ing to section 810 and inserting the following new 

2 item: 

‘‘810. 10. Restraint of persons charged.’’. 

3 (2) The table of sections at the beginning of 

4 subchapter II, as amended by paragraph (1), is 

5 amended by striking the item relating to section 812 

6 and inserting the following new item: 

‘‘812. 12. Prohibition of confinement of armed forces members with enemy prisoners and certain others.’’. 

7 (3) The table of sections at the beginning of 

8 subchapter V is amended by striking the item relat9 ing to section 825a and inserting the following new 

10 item: 

‘‘825. 25a. Number of court-martial members in capital cases.’’. 

11 (4) The table of sections at the beginning of 

12 subchapter V, as amended by paragraph (3), is 

13 amended by inserting after the item relating to sec14 tion 826 the following new item: 

‘‘826a. 26a. Military magistrates.’’. 

15 (5) The table of sections at the beginning of 

16 subchapter V, as amended by paragraphs (3) and 

17 (4), is amended by striking the item relating to sec18 tion 829 and inserting the following new item: 

‘‘829. 29. Assembly and impaneling of members; detail of new members and 

military judges.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1555 

HR 4909 PCS

1 (6) The table of sections at the beginning of 

2 subchapter VI is amended by inserting after the 

3 item relating to section 830 the following new item: 

‘‘830. 30a. Proceedings conducted before referral.’’. 

4 (7) The table of sections at the beginning of 

5 subchapter VI, as amended by paragraph (6), is 

6 amended by striking the item relating to section 832 

7 and inserting the following new item: 

‘‘832. 32. Preliminary hearing required before referral to general court-martial.’’. 

8 (8) The table of sections at the beginning of 

9 subchapter VI, as amended by paragraphs (6) and 

10 (7), is amended by striking the item relating to sec11 tion 833 and inserting the following new item: 

‘‘833. 33. Disposition guidance.’’. 

12 (9) The table of sections at the beginning of 

13 subchapter VI, as amended by paragraphs (6), (7), 

14 and (8), is amended by striking the item relating to 

15 section 834 and inserting the following new item: 

‘‘834. 34. Advice to convening authority before referral for trial.’’. 

16 (10) The table of sections at the beginning of 

17 subchapter VI, as amended by paragraphs (6), (7), 

18 (8), and (9), is amended by striking the item relat19 ing to section 835 and inserting the following new 

20 item: 

‘‘835. 35. Service of charges; commencement of trial.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1556 

HR 4909 PCS

1 (11) The table of sections at the beginning of 

2 subchapter VII is amended by striking the item re3 lating to section 847 and inserting the following new 

4 item: 

‘‘8470. 47. Refusal of person not subject to chapter to appear, testify, or 

produce evidence.’’. 

5 (12) The table of sections at the beginning of 

6 subchapter VII, as amended by paragraph (11), is 

7 amended by striking the item relating to section 848 

8 and inserting the following new item: 

‘‘848. 48. Contempt.’’. 

9 (13) The table of sections at the beginning of 

10 subchapter VII, as amended by paragraphs (11) and 

11 (12), is amended by striking the item relating to sec12 tion 850 and inserting the following new item: 

‘‘850. 50. Admissibility of sworn testimony from records of courts of inquiry.’’. 

13 (14) The table of sections at the beginning of 

14 subchapter VII, as amended by paragraphs (11), 

15 (12), and (13), is amended by striking the item re16 lating to section 852 and inserting the following new 

17 item: 

‘‘852. 52. Votes required for conviction, sentencing, and other matters.’’. 

18 (15) The table of sections at the beginning of 

19 subchapter VII, as amended by paragraphs (11), 

20 (12), (13), and (14), is amended by striking the 


emcdonald on DSK3SPTVN1PROD with BILLS
1557 

HR 4909 PCS

1 item relating to section 853 and inserting the fol2 lowing new item: 

‘‘853. 53. Findings and sentencing.’’. 

3 (16) The table of sections at the beginning of 

4 subchapter VIII is amended by striking the item re5 lating to section 856 and inserting the following new 

6 item: 

‘‘856. 56. Sentencing.’’. 

7 (17) The table of sections at the beginning of 

8 subchapter VIII, as amended by paragraph (16), is 

9 amended by striking the items relating to section 

10 856a and 857a. 

11 (18) The table of sections at the beginning of 

12 subchapter IX is amended by striking the item relat13 ing to section 860 and inserting the following new 

14 item: 

‘‘860. 60. Post-trial processing in general and special courts-martial.’’. 

15 (19) The table of sections at the beginning of 

16 subchapter IX is amended by inserting after the 

17 item relating to section 860, as amended by para18 graph (18), the following new items: 

‘‘860a. 60a. Limited authority to act on sentence in specified post-trial circumstances. 

‘‘860b. 60b. Post-trial actions in summary courts-martial and certain general 

and special courts-martial. 

‘‘860c. 60c. Entry of judgment.’’. 

19 (20) The table of sections at the beginning of 

20 subchapter IX, as amended by paragraphs (18) and 


emcdonald on DSK3SPTVN1PROD with BILLS
1558 

HR 4909 PCS

1 (19), is amended by striking the item relating to sec2 tion 861 and inserting the following new item: 

‘‘861. 61. Waiver of right to appeal; withdrawal of appeal.’’. 

3 (21) The table of sections at the beginning of 

4 subchapter IX, as amended by paragraphs (18), 

5 (19), and (20), is amended by striking the item re6 lating to section 864 and inserting the following new 

7 item: 

‘‘864. 64. Judge advocate review of finding of guilty in summary court-martial.’’. 

8 (22) The table of sections at the beginning of 

9 subchapter IX, as amended by paragraphs (18), 

10 (19), (20), and (21), is amended by striking the 

11 item relating to section 865 and inserting the fol12 lowing new item: 

‘‘865. 65. Transmittal and review of records.’’. 

13 (23) The table of sections at the beginning of 

14 subchapter IX, as amended by paragraphs (18), 

15 (19), (20), (21), and (22), is amended by striking 

16 the item relating to section 866 and inserting the 

17 following new item: 

‘‘866. 66. Courts of Criminal Appeals.’’. 

18 (24) The table of sections at the beginning of 

19 subchapter IX, as amended by paragraphs (18), 

20 (19), (20), and (21), (22), and (23), is amended by 


emcdonald on DSK3SPTVN1PROD with BILLS
1559 

HR 4909 PCS

1 striking the item relating to section 869 and insert2 ing the following new item: 

‘‘869. 69. Review by Judge Advocate General.’’. 

3 (25) The table of sections at the beginning of 

4 subchapter IX, as amended by paragraphs (18), 

5 (19), (20), (21), (22), (23), and (24), is amended by 

6 striking the item relating to section 871 and insert7 ing the following new item: 

‘‘871. 71. [Repealed.]’’. 

8 (26) The table of sections at the beginning of 

9 subchapter XI is amended by striking the item relat10 ing to section 936 and inserting the following new 

11 item: 

‘‘936. 136. Authority to administer oaths.’’. 

12 (27) The table of sections at the beginning of 

13 subchapter XI, as amended by paragraph (26), is 

14 amended by inserting after the item relating to sec15 tion 940 the following new item: 

‘‘940a. 140a. Case management; data collection and accessibility.’’. 

16 (28) The table of sections at the beginning of 

17 subchapter XII is amended by striking the item re18 lating to section 946 and inserting the following new 

19 items: 

‘‘946. 146. Military Justice Review Panel. 

‘‘946a. 146a. Annual reports.’’. 


emcdonald on DSK3SPTVN1PROD with BILLS
1560 

HR 4909 PCS

1 SEC. 7202. EFFECTIVE DATES. 

2 (a) Except as otherwise provided in this division, the 

3 amendments made by this division shall take effect on the 

4 first day of the first calendar month that begins two years 

5 after the date of the enactment of this Act. 

6 (b) The amendments made by this division shall not 

7 apply to any case in which charges are referred to trial 

8 by court-martial before the effective date of such amend9 ments. Proceedings in any such case shall be held in the 

10 same manner and with the same effect as if such amend11 ments had not been enacted. 

12 (c)(1)(A) The amendments made by title LX shall 

13 not apply to any offense committed before the effective 

14 date of such amendments. 

15 (B) Nothing in subparagraph (A) shall be construed 

16 to invalidate the prosecution of any offense committed be17 fore the effective date of such amendments. 

18 (2) The regulations prescribing the authorized pun19 ishments for any offense committed before the effective 

20 date of the amendments made by title LVIII shall apply 

21 the authorized punishments for the offense, as in effect 

22 at the time the offense is committed. 


emcdonald on DSK3SPTVN1PROD with BILLS
1561 

HR 4909 PCS

1 TITLE LXXIII—GUAM WORLD 

2 WAR II LOYALTY RECOGNI3 TION ACT 

4 SEC. 7301. SHORT TITLE. 

5 This title may be cited as the ‘‘Guam World War II 

6 Loyalty Recognition Act’’. 

7 SEC. 7302. RECOGNITION OF THE SUFFERING AND LOY8 ALTY OF THE RESIDENTS OF GUAM. 

9 (a) RECOGNITION OF THE SUFFERING OF THE RESI10 DENTS OF GUAM.—The United States recognizes that, as 

11 described by the Guam War Claims Review Commission, 

12 the residents of Guam, on account of their United States 

13 nationality, suffered unspeakable harm as a result of the 

14 occupation of Guam by Imperial Japanese military forces 

15 during World War II, by being subjected to death, rape, 

16 severe personal injury, personal injury, forced labor, 

17 forced march, or internment. 

18 (b) RECOGNITION OF THE LOYALTY OF THE RESI19 DENTS OF GUAM.—The United States forever will be 

20 grateful to the residents of Guam for their steadfast loy21 alty to the United States, as demonstrated by the count22 less acts of courage they performed despite the threat of 

23 death or great bodily harm they faced at the hands of the 

24 Imperial Japanese military forces that occupied Guam 

25 during World War II. 


emcdonald on DSK3SPTVN1PROD with BILLS
1562 

HR 4909 PCS

1 SEC. 7303. GUAM WORLD WAR II CLAIMS FUND. 

2 (a) ESTABLISHMENT OF FUND.—The Secretary of 

3 the Treasury shall establish in the Treasury of the United 

4 States a special fund (in this title referred to as the 

5 ‘‘Claims Fund’’) for the payment of claims submitted by 

6 compensable Guam victims and survivors of compensable 

7 Guam decedents in accordance with sections 7304 and 

8 7305. 

9 (b) COMPOSITION OF FUND.—The Claims Fund es10 tablished under subsection (a) shall be composed of 

11 amounts deposited into the Claims Fund under subsection 

12 (c) and any other payments made available for the pay13 ment of claims under this title. 

14 (c) PAYMENT OF CERTAIN DUTIES, TAXES, AND

15 FEES COLLECTED FROM GUAM DEPOSITED INTO

16 FUND.— 

17 (1) IN GENERAL.—Notwithstanding section 30 

18 of the Organic Act of Guam (48 U.S.C. 1421h), the 

19 excess of— 

20 (A) any amount of duties, taxes, and fees 

21 collected under such section after fiscal year 

22 2014, over 

23 (B) the amount of duties, taxes, and fees 

24 collected under such section during fiscal year 

25 2014, 

26 shall be deposited into the Claims Fund. 


emcdonald on DSK3SPTVN1PROD with BILLS
1563 

HR 4909 PCS

1 (2) APPLICATION.—Paragraph (1) shall not 

2 apply after the date for which the Secretary of the 

3 Treasury determines that all payments required to 

4 be made under section 7304 have been made. 

5 (d) LIMITATION ON PAYMENTS MADE FROM

6 FUND.— 

7 (1) IN GENERAL.—No payment may be made in 

8 a fiscal year under section 7304 until funds are de9 posited into the Claims Fund in such fiscal year 

10 under subsection (c). 

11 (2) AMOUNTS.—For each fiscal year in which 

12 funds are deposited into the Claims Fund under 

13 subsection (c), the total amount of payments made 

14 in a fiscal year under section 7304 may not exceed 

15 the amount of funds available in the Claims Fund 

16 for such fiscal year. 

17 (e) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE

18 EXPENSES.—The Secretary of the Treasury shall deduct 

19 from any amounts deposited into the Claims Fund an 

20 amount equal to 5 percent of such amounts as reimburse21 ment to the Federal Government for expenses incurred by 

22 the Foreign Claims Settlement Commission and by the 

23 Department of the Treasury in the administration of this 

24 title. The amounts so deducted shall be covered into the 

25 Treasury as miscellaneous receipts. 


emcdonald on DSK3SPTVN1PROD with BILLS
1564 

HR 4909 PCS

1 SEC. 7304. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 

2 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

3 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

4 After the Secretary of the Treasury receives the certifi5 cation from the Chairman of the Foreign Claims Settle6 ment Commission as required under section 7305(b)(8), 

7 the Secretary of the Treasury shall make payments, sub8 ject to the availably of appropriations, to compensable 

9 Guam victims and survivors of a compensable Guam dece10 dents as follows: 

11 (1) COMPENSABLE GUAM VICTIM.—Before mak12 ing any payments under paragraph (2), the Sec13 retary shall make payments to compensable Guam 

14 victims as follows: 

15 (A) In the case of a victim who has suf16 fered an injury described in subsection 

17 (c)(2)(A), $15,000. 

18 (B) In the case of a victim who is not de19 scribed in subparagraph (A), but who has suf20 fered an injury described in subsection 

21 (c)(2)(B), $12,000. 

22 (C) In the case of a victim who is not de23 scribed in subparagraph (A) or (B), but who 

24 has suffered an injury described in subsection 

25 (c)(2)(C), $10,000. 


emcdonald on DSK3SPTVN1PROD with BILLS
1565 

HR 4909 PCS

1 (2) SURVIVORS OF COMPENSABLE GUAM DECE2 DENTS.—In the case of a compensable Guam dece3 dent, the Secretary shall pay $25,000 for distribu4 tion to survivors of the decedent in accordance with 

5 subsection (b). The Secretary shall make payments 

6 under this paragraph only after all payments are 

7 made under paragraph (1). 

8 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—A 

9 payment made under subsection (a)(2) to the survivors of 

10 a compensable Guam decedent shall be distributed as fol11 lows: 

12 (1) In the case of a decedent whose spouse is 

13 living as of the date of the enactment of this Act, 

14 but who had no living children as of such date, the 

15 payment shall be made to such spouse. 

16 (2) In the case of a decedent whose spouse is 

17 living as of the date of the enactment of this Act 

18 and who had one or more living children as of such 

19 date, 50 percent of the payment shall be made to the 

20 spouse and 50 percent shall be made to such chil21 dren, to be divided among such children to the 

22 greatest extent possible into equal shares. 

23 (3) In the case of a decedent whose spouse is 

24 not living as of the date of the enactment of this Act 

25 and who had one or more living children as of such 


emcdonald on DSK3SPTVN1PROD with BILLS
1566 

HR 4909 PCS

1 date, the payment shall be made to such children, to 

2 be divided among such children to the greatest ex3 tent possible into equal shares. 

4 (4) In the case of a decedent whose spouse is 

5 not living as of the date of the enactment of this Act 

6 and who had no living children as of such date, but 

7 who— 

8 (A) had a parent who is living as of such 

9 date, the payment shall be made to the parent; 

10 or 

11 (B) had two parents who are living as of 

12 such date, the payment shall be divided equally 

13 between the parents. 

14 (5) In the case of a decedent whose spouse is 

15 not living as of the date of the enactment of this 

16 Act, who had no living children as of such date, and 

17 who had no parents who are living as of such date, 

18 no payment shall be made. 

19 (c) DEFINITIONS.—For purposes of this title: 

20 (1) COMPENSABLE GUAM DECEDENT.—The 

21 term ‘‘compensable Guam decedent’’ means an indi22 vidual determined under section 7305 to have been 

23 a resident of Guam who died as a result of the at24 tack and occupation of Guam by Imperial Japanese 

25 military forces during World War II, or incident to 


emcdonald on DSK3SPTVN1PROD with BILLS
1567 

HR 4909 PCS

1 the liberation of Guam by United States military 

2 forces, and whose death would have been compen3 sable under the Guam Meritorious Claims Act of 

4 1945 (Public Law 79–224) if a timely claim had 

5 been filed under the terms of such Act. 

6 (2) COMPENSABLE GUAM VICTIM.—The term 

7 ‘‘compensable Guam victim’’ means an individual 

8 who is not deceased as of the date of the enactment 

9 of this Act and who is determined under section 

10 7305 to have suffered, as a result of the attack and 

11 occupation of Guam by Imperial Japanese military 

12 forces during World War II, or incident to the lib13 eration of Guam by United States military forces, 

14 any of the following: 

15 (A) Rape or severe personal injury (such 

16 as loss of a limb, dismemberment, or paralysis). 

17 (B) Forced labor or a personal injury not 

18 under subparagraph (A) (such as disfigure19 ment, scarring, or burns). 

20 (C) Forced march, internment, or hiding 

21 to evade internment. 

22 (3) DEFINITIONS OF SEVERE PERSONAL INJU23 RIES AND PERSONAL INJURIES.—Not later than 180 

24 days after the date of the enactment of this Act, the 

25 Foreign Claims Settlement Commission shall proVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01567 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1568 

HR 4909 PCS

1 mulgate regulations to specify the injuries that con2 stitute a severe personal injury or a personal injury 

3 for purposes of subparagraphs (A) and (B), respec4 tively, of paragraph (2). 

5 SEC. 7305. ADJUDICATION. 

6 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

7 COMMISSION.— 

8 (1) IN GENERAL.—The Foreign Claims Settle9 ment Commission shall adjudicate claims and deter10 mine the eligibility of individuals for payments under 

11 section 7304. 

12 (2) RULES AND REGULATIONS.—Not later than 

13 180 days after the date of the enactment of this Act, 

14 the Chairman of the Foreign Claims Settlement 

15 Commission shall publish in the Federal Register 

16 such rules and regulations as may be necessary to 

17 enable the Commission to carry out the functions of 

18 the Commission under this title. 

19 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

20 (1) SUBMITTAL OF CLAIM.—For purposes of 

21 subsection (a)(1) and subject to paragraph (2), the 

22 Foreign Claims Settlement Commission may not de23 termine an individual is eligible for a payment under 

24 section 7304 unless the individual submits to the 

25 Commission a claim in such manner and form and 


emcdonald on DSK3SPTVN1PROD with BILLS
1569 

HR 4909 PCS

1 containing such information as the Commission 

2 specifies. 

3 (2) FILING PERIOD FOR CLAIMS AND NOTICE.— 

4 (A) FILING PERIOD.—An individual filing 

5 a claim for a payment under section 7304 shall 

6 file such claim not later than one year after the 

7 date on which the Foreign Claims Settlement 

8 Commission publishes the notice described in 

9 subparagraph (B). 

10 (B) NOTICE OF FILING PERIOD.—Not later 

11 than 180 days after the date of the enactment 

12 of this Act, the Foreign Claims Settlement 

13 Commission shall publish a notice of the dead14 line for filing a claim described in subparagraph 

15 (A)— 

16 (i) in the Federal Register; and 

17 (ii) in newspaper, radio, and television 

18 media in Guam. 

19 (3) ADJUDICATORY DECISIONS.—The decision 

20 of the Foreign Claims Settlement Commission on 

21 each claim filed under this title shall— 

22 (A) be by majority vote; 

23 (B) be in writing; 

24 (C) state the reasons for the approval or 

25 denial of the claim; and 


emcdonald on DSK3SPTVN1PROD with BILLS
1570 

HR 4909 PCS

1 (D) if approved, state the amount of the 

2 payment awarded and the distribution, if any, 

3 to be made of the payment. 

4 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

5 Claims Settlement Commission shall deduct, from a 

6 payment made to a compensable Guam victim or 

7 survivors of a compensable Guam decedent under 

8 this section, amounts paid to such victim or sur9 vivors under the Guam Meritorious Claims Act of 

10 1945 (Public Law 79–224) before the date of the 

11 enactment of this Act. 

12 (5) INTEREST.—No interest shall be paid on 

13 payments made by the Foreign Claims Settlement 

14 Commission under section 7304. 

15 (6) LIMITED COMPENSATION FOR PROVISION

16 OF REPRESENTATIONAL SERVICES.— 

17 (A) LIMIT ON COMPENSATION.—Any 

18 agreement under which an individual who pro19 vided representational services to an individual 

20 who filed a claim for a payment under this title 

21 that provides for compensation to the individual 

22 who provided such services in an amount that 

23 is more than one percent of the total amount of 

24 such payment shall be unlawful and void. 


emcdonald on DSK3SPTVN1PROD with BILLS
1571 

HR 4909 PCS

1 (B) PENALTIES.—Whoever demands or re2 ceives any compensation in excess of the 

3 amount allowed under subparagraph (A) shall 

4 be fined not more than $5,000 or imprisoned 

5 not more than one year, or both. 

6 (7) APPEALS AND FINALITY.—Objections and 

7 appeals of decisions of the Foreign Claims Settle8 ment Commission shall be to the Commission, and 

9 upon rehearing, the decision in each claim shall be 

10 final, and not subject to further review by any court 

11 or agency. 

12 (8) CERTIFICATIONS FOR PAYMENT.—After a 

13 decision approving a claim becomes final, the Chair14 man of the Foreign Claims Settlement Commission 

15 shall certify such decision to the Secretary of the 

16 Treasury for authorization of a payment under sec17 tion 7304. 

18 (9) TREATMENT OF AFFIDAVITS.—For pur19 poses of section 7304 and subject to paragraph (2), 

20 the Foreign Claims Settlement Commission shall 

21 treat a claim that is accompanied by an affidavit of 

22 an individual that attests to all of the material facts 

23 required for establishing the eligibility of such indi24 vidual for payment under such section as estab25 lishing a prima facie case of the eligibility of the inVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01571 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1572 

HR 4909 PCS

1 dividual for such payment without the need for fur2 ther documentation, except as the Commission may 

3 otherwise require. Such material facts shall include, 

4 with respect to a claim for a payment made under 

5 section 7304(a), a detailed description of the injury 

6 or other circumstance supporting the claim involved, 

7 including the level of payment sought. 

8 (10) RELEASE OF RELATED CLAIMS.—Accept9 ance of a payment under section 7304 by an indi10 vidual for a claim related to a compensable Guam 

11 decedent or a compensable Guam victim shall be in 

12 full satisfaction of all claims related to such dece13 dent or victim, respectively, arising under the Guam 

14 Meritorious Claims Act of 1945 (Public Law 79– 

15 224), the implementing regulations issued by the 

16 United States Navy pursuant to such Act (Public 

17 Law 79–224), or this title. 

18 SEC. 7306. GRANTS PROGRAM TO MEMORIALIZE THE OCCU19 PATION OF GUAM DURING WORLD WAR II. 

20 (a) ESTABLISHMENT.—Subject to subsection (b), the 

21 Secretary of the Interior shall establish a grant program 

22 under which the Secretary shall award grants for research, 

23 educational, and media activities for purposes of appro24 priately illuminating and interpreting the causes and cirVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01572 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1573 

HR 4909 PCS

1 cumstances of the occupation of Guam during World War 

2 II and other similar occupations during the war that— 

3 (1) memorialize the events surrounding such oc4 cupation; or 

5 (2) honor the loyalty of the people of Guam 

6 during such occupation. 

7 (b) ELIGIBILITY.—The Secretary of the Interior may 

8 not award a grant under subsection (a) unless the person 

9 seeking the grant submits an application to the Secretary 

10 for such grant, in such time, manner, and form and con11 taining such information as the Secretary specifies. 

12 SEC. 7307. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

14 ADJUDICATION.—For the purposes of carrying out sec15 tions 7304 and 7305, there is authorized to be appro16 priated for any fiscal year beginning after the date of en17 actment of this act, an amount equal to the amount depos18 ited into the Claims Fund in a fiscal year under section 

19 7303. Not more than 5 percent of funds make available 

20 under this subsection shall be used for administrative 

21 costs. Amounts appropriated under this section may re22 main available until expended. 

23 (b) GUAM WORLD WAR II GRANTS PROGRAM.—For 

24 purposes of carrying out section 7306, there are authorVerDate Sep 11 2014 00:56 May 27, 2016 Jkt 059200 PO 00000 Frm 01573 Fmt 6652 Sfmt 6201 E:\BILLS\H4909.PCS H4909

emcdonald on DSK3SPTVN1PROD with BILLS
1574 

HR 4909 PCS

1 ized to be appropriated $5,000,000 for each fiscal year 

2 beginning after the date of the enactment of this Act. 

Passed the House of Representatives May 18, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK3SPTVN1PROD with BILLS

emcdonald on DSK3SPTVN1PROD with BILLS
Calendar No. 502 

114TH CONGRESS 

2D SESSION H. R. 4909 

AN ACT 

To authorize appropriations for fiscal year 2017 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

MAY 26, 2016 

Received; read twice and placed on the calendar 


emcdonald on DSK3SPTVN1PROD with BILLS