IB 

Union Calendar No. 413 

114TH CONGRESS 

2D SESSION H. R. 4909 

[Report No. 114–537] 

To authorize appropriations for fiscal year 2017 for military activities of 

the Department of Defense and for military construction, to prescribe 

military personnel strengths for such fiscal year, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2016 

Mr. THORNBERRY (for himself and Mr. SMITH of Washington) (both by request) introduced the following bill; which was referred to the Committee 

on Armed Services 

MAY 4, 2016 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 12, 2016] 


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A BILL 

To authorize appropriations for fiscal year 2017 for military 

activities of the Department of Defense and for military 

construction, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 


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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: 

10 (1) Division A—Department of Defense Author11 izations. 

12 (2) Division B—Military Construction Author13 izations. 

14 (3) Division C—Department of Energy National 

15 Security Authorizations and Other Authorizations. 

16 (4) Division D—Funding Tables. 

17 (5) Division E—Military Justice. 

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

19 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. 


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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. 

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. 

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. 

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. 

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. 


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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. 

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. 

Subtitle B—Energy and Environment 

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

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. 

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. 

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. 


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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. 

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. Application of military selective service registration and conscription 

requirements to female citizens and residents of the United 

States between the ages of 18 and 26. 

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. 


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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. 

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. 

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. 

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. 

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. 


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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. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Annual adjustment of monthly basic pay. 

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. 


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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 

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. 

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. 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

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. 810. Extension of limitation on aggregate annual amount available for contract services. 

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. 

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


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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 solesource contracts for small business concerns. 

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. 

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

Forces and Department of Defense civilian employees listed as 

missing. 

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. 


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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. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Extension of authority to provide additional support for counter-drug 

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. 

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. 

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. 

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 non-premium aviation insurance. 

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

Sec. 1045. Department of Defense protection of national security spectrum. 


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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. 

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. 

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. 


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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. 

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. 

Sec. 1205. Modification and codification of reporting requirements relating to security cooperation authorities. 

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

programs. 

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. 


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Sec. 1216. Special immigrant status for certain Afghans. 

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. 

Subtitle D—Matters Relating to the Russian Federation 

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 Statesorigin 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. 


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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. 

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. 

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. 

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. 


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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. 

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. 

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. 

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. 


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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. 

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 ground-based 

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. 

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 ground-based 

midcourse defense and evaluation of alternative ground-based 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. 


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Subtitle F—Other Matters 

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

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

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 

Sec. 1851. SCORE Reauthorization. 

Sec. 1852. SCORE program. 


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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. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

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

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

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

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

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

TITLE XXII—NAVY MILITARY CONSTRUCTION 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

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

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

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

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

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

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

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

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

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

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

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

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


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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. 

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. 


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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. 

Subtitle C—Provision Related to Asia-Pacific Military Realignment 

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. 

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. 


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

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. 

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. 

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. 


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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. 

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. 

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. 

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. 


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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. 

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. 

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. 


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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. 

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. 


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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 sexrelated 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 COURTSMARTIAL 

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. 

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. 


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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. 

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. 


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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. 

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. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 101(a)(16) 

4 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 fis12 cal year 2017 for procurement for the Army, the Navy and 

13 the Marine Corps, the Air Force, and Defense-wide activi14 ties, as specified in the funding table in section 4101. 


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1 Subtitle B—Army Programs 

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH– 

3 64E APACHE HELICOPTERS. 

4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

6 Secretary of the Army may enter into one or more 

7 multiyear contracts, beginning with the fiscal year 2017 

8 program year, for the procurement of AH–64E Apache heli9 copters. 

10 (b) CONDITION FOR OUT-YEAR CONTRACT PAY11 MENTS.—A contract entered into under subsection (a) shall 

12 provide that any obligation of the United States to make 

13 a payment under the contract for a fiscal year after fiscal 

14 year 2017 is subject to the availability of appropriations 

15 for that purpose for such later fiscal year. 

16 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH– 

17 60M AND HH–60M BLACK HAWK HELICOPTERS. 

18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

20 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 UH–60M and HH– 

23 60M Black Hawk helicopters. 

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


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1 provide that any obligation of the United States to make 

2 a payment under the contract for a fiscal year after fiscal 

3 year 2017 is subject to the availability of appropriations 

4 for that purpose for such later fiscal year. 

5 SEC. 113. ASSESSMENT OF CERTAIN CAPABILITIES OF THE 

6 DEPARTMENT OF THE ARMY. 

7 (a) ASSESSMENT.—The Secretary of Defense, in con8 sultation with the Secretary of the Army and the Chief of 

9 Staff of the Army, shall conduct an assessment of the fol10 lowing capabilities with respect to the Department of the 

11 Army: 

12 (1) The capacity of AH–64 Apache-equipped at13 tack reconnaissance battalions to meet future needs. 

14 (2) Air defense artillery capacity and responsive15 ness, including— 

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

17 artillery to address existing and emerging 

18 threats, including threats posed by unmanned 

19 aerial systems, cruise missiles, and manned air20 craft; and 

21 (B) the potential for commercial off-the-shelf 

22 solutions. 

23 (3) Chemical, biological, radiological, and nu24 clear capabilities and modernization needs. 

25 (4) Field artillery capabilities, including— 


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1 (A) modernization needs; 

2 (B) munitions inventory shortfalls; and 

3 (C) changes in doctrine and war plans con4 sistent with the Memorandum of the Secretary of 

5 Defense dated June 19, 2008, regarding the De6 partment of Defense policy on cluster munitions 

7 and unintended harm to civilians. 

8 (5) Fuel distribution and water purification ca9 pacity and responsiveness. 

10 (6) Watercraft and port-opening capabilities and 

11 responsiveness. 

12 (7) Transportation capacity and responsiveness, 

13 particularly with respect to the transportation of fuel, 

14 water, and cargo. 

15 (8) Military police capacity. 

16 (9) Tactical mobility and tactical wheeled vehicle 

17 capacity, including heavy equipment prime movers. 

18 (b) REPORT.—Not later than April 1, 2017, the Sec19 retary of Defense shall submit to the congressional defense 

20 committees a report containing— 

21 (1) the assessment conducted under subsection 

22 (a); 

23 (2) recommendations for reducing or eliminating 

24 shortfalls in responsiveness and capacity with respect 


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1 to each of the capabilities described in such sub2 section; and 

3 (3) an estimate of the costs of implementing such 

4 recommendations. 

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

6 submitted in unclassified form, but may include a classified 

7 annex. 

8 Subtitle C—Navy Programs 

9 SEC. 121. PROCUREMENT AUTHORITY FOR AIRCRAFT CAR10 RIER PROGRAMS. 

11 (a) PROCUREMENT AUTHORITY IN SUPPORT OF CON12 STRUCTION OF FORD CLASS AIRCRAFT CARRIERS.— 

13 (1) AUTHORITY FOR ECONOMIC ORDER QUAN14 TITY.—The Secretary of the Navy may procure mate15 riel and equipment in support of the construction of 

16 the Ford class aircraft carriers designated CVN–80 

17 and CVN–81 in economic order quantities when cost 

18 savings are achievable. 

19 (2) LIABILITY.—Any contract entered into under 

20 paragraph (1) shall provide that any obligation of the 

21 United States to make a payment under the contract 

22 is subject to the availability of appropriations for 

23 that purpose, and that total liability to the Govern24 ment for termination of any contract entered into 


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1 shall be limited to the total amount of funding obli2 gated at time of termination. 

3 (b) REFUELING AND COMPLEX OVERHAUL OF NIMITZ

4 CLASS AIRCRAFT CARRIERS.— 

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

6 may carry out the nuclear refueling and complex 

7 overhaul of each of the following Nimitz class aircraft 

8 carriers: 

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

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

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

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

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

14 (2) USE OF INCREMENTAL FUNDING.—With re15 spect to any contract entered into under paragraph 

16 (1) for the nuclear refueling and complex overhaul of 

17 a Nimitz class aircraft carrier, the Secretary may use 

18 incremental funding for a period not to exceed six 

19 years after advance procurement funds for such nu20 clear refueling and complex overhaul effort are first 

21 obligated. 

22 (3) CONDITION FOR OUT-YEAR CONTRACT PAY23 MENTS.—Any contract entered into under paragraph 

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

25 States to make a payment under the contract for a 


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1 fiscal year after fiscal year 2017 is subject to the 

2 availability of appropriations for that purpose for 

3 that later fiscal year. 

4 SEC. 122. SENSE OF CONGRESS ON AIRCRAFT CARRIER 

5 PROCUREMENT SCHEDULES. 

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

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

8 17, 2015, the Secretary of the Navy indicated the De9 partment of the Navy has a requirement of 11 air10 craft carriers. 

11 (2) In the Congressional Budget Office report ti12 tled ‘‘An Analysis of the Navy’s Fiscal Year 2016 

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

14 prevent the carrier force from declining to 10 ships in 

15 the 2040s, 1 short of its inventory goal of 11, the 

16 Navy could accelerate purchases after 2018 to 1 every 

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

18 (b) SENSE OF CONGRESS.—It is the sense of Congress 

19 that— 

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

21 schedule the procurement of one aircraft carrier every 

22 five years will reduce the overall aircraft carrier in23 ventory to 10 aircraft carriers, a level insufficient to 

24 meet peacetime and war plan requirements; and 


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1 (2) to accommodate the required aircraft carrier 

2 force structure, the Department of the Navy should— 

3 (A) begin to program construction for the 

4 Ford class aircraft carrier designated CVN–81 in 

5 fiscal year 2022; and 

6 (B) program the required advance procure7 ment activities to accommodate the construction 

8 of such carrier. 

9 SEC. 123. DESIGN AND CONSTRUCTION OF LHA REPLACE10 MENT SHIP DESIGNATED LHA 8. 

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 LHA 

14 Replacement ship designated LHA 8 using amounts author15 ized to be appropriated for the Department of Defense for 

16 Shipbuilding and Conversion, Navy. 

17 (b) USE OF INCREMENTAL FUNDING.—With respect to 

18 the contract entered into under subsection (a), the Secretary 

19 may use incremental funding to make payments under the 

20 contract. 

21 (c) CONDITION FOR OUT-YEAR CONTRACT PAY22 MENTS.—The contract entered into under subsection (a) 

23 shall provide that any obligation of the United States to 

24 make a payment under such contract for any fiscal year 


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1 after fiscal year 2017 is subject to the availability of appro2 priations for that purpose for such fiscal year. 

3 SEC. 124. DESIGN AND CONSTRUCTION OF REPLACEMENT 

4 DOCK LANDING SHIP DESIGNATED LX(R) OR 

5 AMPHIBIOUS TRANSPORT DOCK DESIGNATED 

6 LPD–29. 

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

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

9 program year, for the design and construction of the re10 placement dock landing ship designated LX(R) or the am11 phibious transport dock designated LPD–29 using amounts 

12 authorized to be appropriated for the Department of Defense 

13 for Shipbuilding and Conversion, Navy. 

14 (b) USE OF INCREMENTAL FUNDING.—With respect to 

15 the contract entered into under subsection (a), the Secretary 

16 may use incremental funding to make payments under the 

17 contract. 

18 (c) CONDITION FOR OUT-YEAR CONTRACT PAY19 MENTS.—The contract entered into under subsection (a) 

20 shall provide that any obligation of the United States to 

21 make a payment under such contract for any fiscal year 

22 after fiscal year 2017 is subject to the availability of appro23 priations for that purpose for such fiscal year. 


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1 SEC. 125. SHIP TO SHORE CONNECTOR PROGRAM. 

2 (a) CONTRACT AUTHORITY.—Notwithstanding section 

3 2306b of title 10, United States Code, the Secretary of the 

4 Navy may enter into a contract to procure up to 45 Ship 

5 to Shore Connector craft. 

6 (b) LIABILITY.—Any contract entered into under sub7 section (a) shall provide that any obligation of the United 

8 States to make a payment under the contract is subject to 

9 the availability of appropriations for that purpose, and 

10 that the total liability to the Government for termination 

11 of any contract entered into shall be limited to the total 

12 amount of funding obligated at time of termination. 

13 SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR LIT14 TORAL COMBAT SHIP OR SUCCESSOR FRIG15 ATE. 

16 None of the funds authorized to be appropriated by this 

17 Act or otherwise made available for fiscal year 2017 for the 

18 Navy shall be used to select only a single contractor for the 

19 construction of the Littoral Combat Ship or any successor 

20 frigate class ship program until the Secretary of the Navy 

21 certifies to the congressional defense committees that such 

22 selection of a single contractor will be conducted— 

23 (1) using competitive procedures; and 

24 (2) for the limited purpose of awarding a con25 tract for— 


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1 (A) an engineering change proposal for a 

2 frigate class ship; or 

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

4 Subtitle D—Air Force Programs 

5 SEC. 131. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT 

6 INVENTORY. 

7 Section 231a of title 10, United States Code, is amend8 ed— 

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

10 (2) by redesignating subsection (f) as subsection 

11 (e). 

12 SEC. 132. REPEAL OF REQUIREMENT TO PRESERVE CER13 TAIN RETIRED C–5 AIRCRAFT. 

14 Section 141 of the National Defense Authorization Act 

15 for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1659) 

16 is amended by striking subsection (d). 

17 SEC. 133. REPEAL OF REQUIREMENT TO PRESERVE CER18 TAIN RETIRED F–117 AIRCRAFT. 

19 Section 136 of the National Defense Authorization Act 

20 for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) 

21 is amended by striking subsection (b). 

22 SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

23 RETIREMENT OF A–10 AIRCRAFT. 

24 (a) PROHIBITION ON AVAILABILITY OF FUNDS FOR

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1 priated by this Act or otherwise made available for fiscal 

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

3 to retire, prepare to retire, or place in storage or on backup 

4 aircraft inventory status any A–10 aircraft. 

5 (b) ADDITIONAL LIMITATION ON RETIREMENT.—In 

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

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

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

9 10 aircraft until a period of 90 days has elapsed following 

10 the date on which the Secretary submits to the congressional 

11 defense committees the report under subsection (e)(2). 

12 (c) PROHIBITION ON SIGNIFICANT REDUCTIONS IN

13 MANNING LEVELS.—None of the funds authorized to be ap14 propriated by this Act or otherwise made available for fiscal 

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

16 to make significant reductions to manning levels with re17 spect to any A–10 aircraft squadrons or divisions. 

18 (d) MINIMUM INVENTORY REQUIREMENT.—The Sec19 retary of the Air Force shall ensure the Air Force maintains 

20 a minimum of 171 A–10 aircraft designated as primary 

21 mission aircraft inventory until a period of 90 days has 

22 elapsed following the date on which the Secretary submits 

23 to the congressional defense committees the report under 

24 subsection (e)(2). 

25 (e) REPORTS REQUIRED.— 


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1 (1) The Director of Operational Test and Eval2 uation shall submit to the congressional defense com3 mittees 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 the 

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

14 Secretary of the Air Force shall submit to the congres15 sional defense committees a report that includes— 

16 (A) the views of the Secretary with respect 

17 to the results of the initial operational test and 

18 evaluation of the F–35 aircraft program as sum19 marized in the report under paragraph (1), in20 cluding any issues or concerns of the Secretary 

21 with respect to such results; 

22 (B) a plan for addressing any deficiencies 

23 and carrying out any corrective actions identi24 fied in such report; and 


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

2 preserving the capability of the Air Force to con3 duct close air support, combat search and rescue, 

4 and forward air controller airborne missions. 

5 (f) SPECIAL RULE.— 

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

7 Air Force may carry out the transition of the A–10 

8 unit at Fort Wayne Air National Guard Base, Indi9 ana, to an F–16 unit as described by the Secretary 

10 in the Force Structure Actions map submitted in sup11 port of the budget of the President for fiscal year 2017 

12 (as submitted to Congress under section 1105(a) of 

13 title 31, United States Code). 

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

15 respect to any A–10 aircraft affected by the transition 

16 described in paragraph (1). 

17 SEC. 135. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

18 RETIREMENT OF JOINT SURVEILLANCE TAR19 GET ATTACK RADAR SYSTEM AIRCRAFT. 

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

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

22 of the National Defense Authorization Act for Fiscal Year 

23 2016 (Public Law 114–92; 129 Stat. 758) none of the funds 

24 authorized to be appropriated or otherwise made available 

25 for fiscal year 2018 for the Air Force may be obligated or 


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1 expended to retire, or prepare to retire, any Joint Surveil2 lance Target Attack Radar System aircraft. 

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

4 shall not apply to individual Joint Surveillance Target At5 tack Radar System aircraft that the Secretary of the Air 

6 Force determines, on a case-by-case basis, to be non-oper7 ational because of mishaps, other damage, or being uneco8 nomical to repair. 

9 Subtitle E—Defense-wide, Joint, 

10 and Multiservice Matters 

11 SEC. 141. TERMINATION OF QUARTERLY REPORTING ON 

12 USE OF COMBAT MISSION REQUIREMENTS 

13 FUNDS. 

14 Section 123(a)(1) of the Ike Skelton National Defense 

15 Authorization Act for Fiscal Year 2011 (Public Law 111– 

16 383; 124 Stat. 4158; 10 U.S.C. 167 note.) is amended by 

17 inserting ‘‘ending on or before September 30, 2018’’ after 

18 ‘‘each fiscal quarter’’. 

19 SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT 

20 STANDARDS FOR CERTAIN VEHICLES. 

21 (a) GUIDANCE REQUIRED.— 

22 (1) The Secretary of the Army shall issue guid23 ance regarding fire suppressant and fuel containment 

24 standards for covered vehicles of the Army. 


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1 (2) The Secretary of the Navy shall issue guid2 ance regarding fire suppressant and fuel containment 

3 standards for covered vehicles of the Marine Corps. 

4 (b) ELEMENTS.—The guidance regarding fire suppres5 sant and fuel containment standards issued pursuant to 

6 subsection (a) shall— 

7 (1) meet the survivability requirements applica8 ble to each class of covered vehicles; 

9 (2) include standards for vehicle armor, vehicle 

10 fire suppression systems, and fuel containment tech11 nologies in covered vehicles; and 

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

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

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

15 of the Army and the Secretary of the Navy shall each submit 

16 to the congressional defense committees a report that in17 cludes— 

18 (1) the policy guidance established pursuant to 

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

20 covered vehicle; and 

21 (2) any other information the Secretaries deter22 mine to be appropriate. 

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

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

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


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

2 10, United States Code), including light tactical vehicles, 

3 medium tactical vehicles, heavy tactical vehicles, and 

4 ground combat vehicles. 

5 SEC. 143. REPORT ON DEPARTMENT OF DEFENSE MUNI6 TIONS STRATEGY FOR THE COMBATANT COM7 MANDS. 

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

9 2017, the Secretary of Defense shall submit to the congres10 sional defense committees a report on the munitions strat11 egy for the combatant commands, including an identifica12 tion of munitions requirements, an assessment of munitions 

13 gaps and shortfalls, and necessary munitions investments. 

14 Such strategy shall cover the 10-year period beginning with 

15 2016. 

16 (b) ELEMENTS.—The report on munitions strategy re17 quired by subsection (a) shall include the following: 

18 (1) An identification of current and projected 

19 munitions requirements, by class or type. 

20 (2) An assessment of munitions gaps and short21 falls, including a census of current munitions capa22 bilities and programs, not including ammunition. 

23 (3) A description of current and planned muni24 tions programs, including with respect to procureVerDate Sep 11 2014 19:11 May 04, 2016 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 ment; research, development, test, and evaluation; and 

2 deployment activities. 

3 (4) Schedules, estimated costs, and budget plans 

4 for current and planned munitions programs. 

5 (5) Identification of opportunities and limita6 tions within the associated industrial base. 

7 (6) Identification and evaluation of technology 

8 needs and applicable emerging technologies. 

9 (7) An assessment of how current and planned 

10 munitions programs, and promising technologies, 

11 may affect existing operational concepts and capabili12 ties of the military departments or lead to new oper13 ational concepts and capabilities. 

14 (8) An assessment of programs and capabilities 

15 by other countries to counter the munitions programs 

16 and capabilities of the Armed Forces, not including 

17 with respect to ammunition, and how such assessment 

18 affects the munitions strategy of each military depart19 ment. 

20 (9) An assessment of how munitions capability 

21 and capacity may be affected by changes consistent 

22 with the Memorandum of the Secretary of Defense 

23 dated June 19, 2008, regarding the Department of 

24 Defense policy on cluster munitions and unintended 

25 harm to civilians. 


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1 (10) Any other matters the Secretary determines 

2 appropriate. 

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

4 submitted in classified or unclassified form. 

5 SEC. 144. COMPTROLLER GENERAL REVIEW OF F–35 LIGHT6 NING II AIRCRAFT SUSTAINMENT SUPPORT. 

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

8 Comptroller General of the United States shall submit to 

9 the congressional defense committees a report on the 

10 sustainment support structure for the F–35 Lightning II 

11 aircraft program. 

12 (b) ELEMENTS.—The review under subsection (a) shall 

13 include, with respect to the F–35 Lightning II aircraft pro14 gram, the following: 

15 (1) The status of the sustainment support strat16 egy for the program, including goals for personnel 

17 training, required infrastructure, and fleet readiness. 

18 (2) Approaches, including performance-based lo19 gistics, considered in developing the sustainment sup20 port strategy for the program. 

21 (3) Other information regarding sustainment 

22 and logistics support for the program that the Comp23 troller General determines to be of critical importance 

24 to the long-term viability of the program. 


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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for fis8 cal year 2017 for the use of the Department of Defense for 

9 research, development, test, and evaluation, as specified in 

10 the funding table in section 4201. 

11 Subtitle B—Program Requirements, 

12 Restrictions, and Limitations 

13 SEC. 211. LABORATORY QUALITY ENHANCEMENT PROGRAM. 

14 (a) IN GENERAL.—The Secretary of Defense, acting 

15 through the Assistant Secretary of Defense for Research and 

16 Engineering, shall carry out a Program to be known as the 

17 ‘‘Laboratory Quality Enhancement Program’’ under which 

18 the Secretary shall establish the panels described in sub19 section (b) and direct such panels— 

20 (1) to review and make recommendations to the 

21 Secretary with respect to— 

22 (A) existing policies and practices affecting 

23 the science and technology reinvention labora24 tories to improve the research output of such lab25 oratories; and 


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1 (B) new initiatives proposed by the science 

2 and technology reinvention laboratories; 

3 (2) to support implementation of current and fu4 ture initiatives affecting the science and technology 

5 reinvention laboratories; and 

6 (3) to conduct assessments or data analysis on 

7 such other issues as the Secretary determines to be ap8 propriate. 

9 (b) PANELS.—The panels described in this subsection 

10 are: 

11 (1) A panel on personnel, workforce development, 

12 and talent management. 

13 (2) A panel on facilities and infrastructure. 

14 (3) A panel on research strategy, technology 

15 transfer, and industry partnerships. 

16 (4) A panel on oversight, administrative, and 

17 regulatory processes. 

18 (c) COMPOSITION OF PANELS.— 

19 (1) Each panel described in subsection (b) shall 

20 be composed of not less than 4 members. 

21 (2) Each panel described in paragraphs (1) 

22 through (3) of subsection (b) shall be composed of sub23 ject matter and technical management experts from— 

24 (A) laboratories and research centers of the 

25 Army, Navy and Air Force; 


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1 (B) appropriate Defense Agencies; 

2 (C) the Office of the Assistant Secretary of 

3 Defense for Research and Engineering; and 

4 (D) such other entities of the Department of 

5 Defense as the Secretary determines to be appro6 priate. 

7 (3) The panel described in subsection (b)(4) shall 

8 be composed of— 

9 (A) the Director of the Army Research Lab10 oratory; 

11 (B) the Director of the Air Force Research 

12 Laboratory; 

13 (C) the Director of the Naval Research Lab14 oratory; and 

15 (D) such other members as the Secretary de16 termines to be appropriate. 

17 (d) GOVERNANCE OF PANELS.— 

18 (1) The chairperson of each panel shall be se19 lected by its members. 

20 (2) The panel described in subsection (b)(4) 

21 shall— 

22 (A) oversee the activities of the panels de23 scribed in paragraphs (1) through (3) of sub24 section (b); 


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1 (B) determine the subject matter to be con2 sidered by the panels; and 

3 (C) provide the recommendations of the 

4 panels to the Secretary. 

5 (e) PERSONNEL DEMONSTRATION PROJECT AUTHOR6 ITY.—Section 342(b) of the National Defense Authorization 

7 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

8 2721) (as amended by section 1114(a)(2)(C) of the National 

9 Defense Authorization Act for Fiscal Year 2001 (Public 

10 Law 106–398; 114 Stat. 1654A–315)) is amended by add11 ing at the end the following new paragraph: 

12 ‘‘(4) In carrying out this subsection, the Sec13 retary shall act through the Assistant Secretary of De14 fense for Research and Engineering.’’. 

15 (f) SCIENCE AND TECHNOLOGY REINVENTION LABORA16 TORY DEFINED.—In this section, the term ‘‘science and 

17 technology reinvention laboratory’’ means a science and 

18 technology reinvention laboratory designated under section 

19 1105 of the National Defense Authorization Act for Fiscal 

20 Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note). 


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1 SEC. 212. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE 

2 LABORATORIES FOR RESEARCH AND DEVEL3 OPMENT OF TECHNOLOGIES FOR MILITARY 

4 MISSIONS. 

5 Section 219 of the Duncan Hunter National Defense 

6 Authorization Act for Fiscal Year 2009 (Public Law 110– 

7 417; 10 U.S.C. 2358 note), as most recently amended by 

8 section 262 of the National Defense Authorization Act for 

9 Fiscal Year 2014 (Public Law 113–66), is amended— 

10 (1) in subsection (a)(1), by striking ‘‘not more 

11 than’’; and 

12 (2) by amending subsection (d) to read as fol13 lows: 

14 ‘‘(d) SPECIAL RULE.—For purposes of this section, a 

15 federally funded research and development center shall be 

16 considered a defense laboratory if the center is sponsored 

17 by the Department of Defense.’’. 

18 SEC. 213. NOTIFICATION REQUIREMENT FOR CERTAIN 

19 RAPID PROTOTYPING, EXPERIMENTATION, 

20 AND DEMONSTRATION ACTIVITIES. 

21 (a) NOTICE REQUIRED.—The Secretary of the Navy 

22 shall not initiate a covered activity until a period of 10 

23 business days has elapsed following the date on which the 

24 Secretary submits to the congressional defense committees 

25 the notice described in subsection (b) with respect to such 

26 activity. 


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1 (b) ELEMENTS OF NOTICE.—The notice described in 

2 this subsection is a written notice of the intention of the 

3 Secretary to initiate a covered activity. Each such notice 

4 shall include the following: 

5 (1) A description of the activity. 

6 (2) Estimated costs and funding sources for the 

7 activity, including a description of any cost-sharing 

8 or in-kind support arrangements with other partici9 pants. 

10 (3) A description of any transition agreement, 

11 including the identity of any partner organization 

12 that may receive the results of the covered activity 

13 under such an agreement. 

14 (4) Identification of major milestones and the 

15 anticipated date of completion of the activity. 

16 (c) COVERED ACTIVITY.—In this section, the term 

17 ‘‘covered activity’’ means a rapid prototyping, experimen18 tation, or demonstration activity carried out under pro19 gram element 0603382N. 

20 (d) SUNSET.—The requirements of this section shall 

21 terminate 5 years after the date of the enactment of this 

22 Act. 


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1 SEC. 214. IMPROVED BIOSAFETY FOR HANDLING OF SELECT 

2 AGENTS AND TOXINS. 

3 (a) QUALITY CONTROL AND QUALITY ASSURANCE

4 PROGRAM.—The Secretary of Defense, acting through the 

5 executive agent for the biological select agent and toxin bio6 safety program of the Department of Defense, shall carry 

7 out a program to implement certain quality control and 

8 quality assurance measures at each covered facility. 

9 (b) QUALITY CONTROL AND QUALITY ASSURANCE

10 MEASURES.—Subject to subsection (c), the quality control 

11 and quality assurance measures implemented at each cov12 ered facility under subsection (a) shall include the fol13 lowing: 

14 (1) Designation of an external manager to over15 see quality assurance and quality control. 

16 (2) Environmental sampling and inspection. 

17 (3) Production procedures that prohibit oper18 ations where live biological select agents and toxins 

19 are used in the same laboratory where viability test20 ing is conducted. 

21 (4) Production procedures that prohibit work on 

22 multiple organisms or multiple strains of one orga23 nism within the same biosafety cabinet. 

24 (5) A video surveillance program that uses video 

25 monitoring as a tool to improve laboratory practices 

26 in accordance with regulatory requirements. 


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1 (6) Formal, recurring data reviews of production 

2 in an effort to identify data trends and nonconform3 ance issues before such issues affect end products. 

4 (7) Validated protocols for production processes 

5 to ensure that process deviations are adequately vetted 

6 prior to implementation. 

7 (8) Maintenance and calibration procedures and 

8 schedules for all tools, equipment, and irradiators. 

9 (c) WAIVER.—In carrying out the program under sub10 section (a), the Secretary may waive any of the quality con11 trol and quality assurance measures required under sub12 section (b) in the interest of national defense. 

13 (d) STUDY AND REPORT REQUIRED.— 

14 (1) The Secretary of Defense shall carry out a 

15 study to evaluate— 

16 (A) the feasibility of consolidating covered 

17 facilities within a unified command to minimize 

18 risk; 

19 (B) opportunities to partner with industry 

20 for the production of biological select agents and 

21 toxins and related services in lieu of maintain22 ing such capabilities within the Department of 

23 the Army; and 

24 (C) whether operations under the biological 

25 select agent and toxin production program 


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1 should be transferred to another government or 

2 commercial laboratory that may be better suited 

3 to execute production for non-Department of De4 fense customers. 

5 (2) Not later than February 1, 2017, the Sec6 retary shall submit to the congressional defense com7 mittees a report on the results of the study under 

8 paragraph (1). 

9 (e) COMPTROLLER GENERAL REVIEW.—Not later than 

10 September 1, 2017, the Comptroller General of the United 

11 States shall submit to the congressional defense committees 

12 a report that includes the following: 

13 (1) A review of— 

14 (A) the actions taken by the Department of 

15 Defense to address the findings and recommenda16 tions of the report of the Department of the 

17 Army titled ‘‘Individual and Institutional Ac18 countability for the Shipment of Viable Bacillus 

19 Anthracis from Dugway Proving Grounds’’, 

20 dated December 15, 2015, including any actions 

21 taken to address the culture of complacency in 

22 the biological select agent and toxin production 

23 program identified in such report; and 

24 (B) the progress of the Secretary in car25 rying out the program under subsection (a). 


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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 facil5 ity of the Department of Defense that produces bio6 logical 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 Federal 

10 Regulations; 

11 (B) section 121.3 or section 121.4 of title 9, 

12 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 the 

19 Director of the Office of Personnel Management, shall de20 velop and implement an information technology system (in 

21 this section referred to as the ‘‘System’’) to— 

22 (1) modernize and sustain the security clearance 

23 information architecture of the National Background 

24 Investigations Bureau and the Department of Defense; 


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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 security 

8 clearance process; 

9 (5) provide information to managers on the fi10 nancial and administrative costs of the security clear11 ance process; 

12 (6) strengthen the ties between counterintelligence 

13 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 Man20 agement, shall issue guidance establishing the respective 

21 roles, responsibilities, and obligations of the Secretary and 

22 Directors with respect to the development and implementa23 tion of the System. 

24 (c) ELEMENTS OF SYSTEM.—In developing the System 

25 under subsection (a), the Secretary shall— 


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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 se4 curity clearance information technology architecture 

5 to minimize the need for customization of the System; 

6 (2) conduct business process mapping (as such 

7 term is defined in section 2222(i) of title 10, United 

8 States Code) of the business processes described in 

9 paragraph (1); 

10 (3) use spiral development and incremental ac11 quisition practices to rapidly deploy the System, in12 cluding through the use of prototyping and open ar13 chitecture principles; 

14 (4) establish a process to identify and limit 

15 interfaces with legacy systems and to limit 

16 customization of any commercial information tech17 nology tools used; 

18 (5) establish automated processes for measuring 

19 the performance goals of the System; and 

20 (6) incorporate capabilities for the continuous 

21 monitoring of network security and the mitigation of 

22 insider threats to the System. 

23 (d) COMPLETION DATE.—The Secretary shall complete 

24 the development and implementation of the System by not 

25 later than September 30, 2019. 


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1 (e) BRIEFING.—Beginning on December 1, 2016, and 

2 on a quarterly basis thereafter until the completion date 

3 of the System under subsection (d), the Secretary of Defense 

4 shall provide a briefing to the Committees on Armed Serv5 ices of the Senate and House of Representatives (and other 

6 appropriate congressional committees on request) on the 

7 progress of the Secretary in developing and implementing 

8 the System. 

9 (f) REVIEW OF APPLICABLE LAWS.—The Secretary 

10 shall review laws, regulations, and executive orders relating 

11 to the maintenance of personnel security clearance informa12 tion by the Federal Government. Not later than 90 days 

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

14 shall provide to the Committees on Armed Services of the 

15 Senate and House of Representatives (and other appro16 priate congressional committees on request) a briefing that 

17 includes— 

18 (1) the results of the review; and 

19 (2) recommendations, if any, for consolidating 

20 and clarifying laws, regulations, and executive orders 

21 relating to the maintenance of personnel security 

22 clearance information by the Federal Government. 

23 (g) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 


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1 (1) the Select Committee on Intelligence, the 

2 Committee on Homeland Security and Governmental 

3 Affairs, and the Committee on Appropriations of the 

4 Senate; and 

5 (2) the Permanent Select Committee on Intel6 ligence, the Committee on Oversight and Government 

7 Reform, and the Committee on Appropriations of the 

8 House of Representatives. 

9 SEC. 216. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

10 COUNTERING WEAPONS OF MASS DESTRUC11 TION SYSTEM CONSTELLATION. 

12 (a) PROHIBITIONS.—None of the funds authorized to 

13 be appropriated by this Act or otherwise made available 

14 for fiscal year 2017 for the countering weapons of mass de15 struction situational awareness information system com16 monly known as ‘‘Constellation’’ may be obligated or ex17 pended for research, development, or prototyping for such 

18 system. 

19 (b) REVIEW.—The Chief Information Officer of the De20 partment of Defense, in consultation with the Director of 

21 the Defense Information Systems Agency, shall review the 

22 requirements and program plan for research, development, 

23 and prototyping for the Constellation system. 

24 (c) REPORT REQUIRED.—Not later than February 1, 

25 2017, the Chief Information Officer of the Department of 


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1 Defense, in consultation with the Director of the Defense 

2 Information Systems Agency, shall submit to the congres3 sional defense committees a report on the review under sub4 section (b). Such report shall include the following, with 

5 respect to the Constellation system: 

6 (1) A review of the major software components of 

7 the system and an explanation of the requirements of 

8 the Department of Defense with respect to each such 

9 component. 

10 (2) Identification of elements and applications of 

11 the system that cannot be implemented using the ex12 isting technical infrastructure and tools of the De13 partment of Defense or the infrastructure and tools in 

14 development. 

15 (3) A description of major developmental mile16 stones and decision points for additional prototypes 

17 needed to establish the full capabilities of the system, 

18 including a timeline and detailed metrics and cri19 teria for each such milestone and decision point. 

20 (4) An overview of a security plan to achieve an 

21 accredited cross-domain solution system, including se22 curity milestones and proposed security architecture 

23 to mitigate both insider and outsider threats. 

24 (5) Identification of the planned categories of 

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1 sion requirements, and concept of operations, the ex2 pected total number of end-users, and the associated 

3 permissions granted to such users. 

4 (6) A cost estimate for the full life-cycle cost to 

5 complete the Constellation system. 

6 SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR DE7 FENSE INNOVATION UNIT EXPERIMENTAL. 

8 (a) LIMITATION.—Of the funds specified in subsection 

9 (c), not more than 80 percent may be obligated or expended 

10 until the date on which the Secretary of Defense submits 

11 to the congressional defense committees the report under 

12 subsection (b). 

13 (b) REPORT REQUIRED.—The Secretary of Defense 

14 shall submit to the congressional defense committees a re15 port on the Defense Innovation Unit Experimental. Such 

16 report shall include the following: 

17 (1) The charter and mission statement of the 

18 Unit. 

19 (2) A description of— 

20 (A) the governance structure of the Unit; 

21 (B) the metrics used to measure the effec22 tiveness of the Unit; 

23 (C) the process for coordinating and 

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1 fense Agencies, and other departments and agen2 cies of the Federal Government, including activi3 ties carried out by In-Q-Tel, the Defense Ad4 vanced Research Projects Agency, and Depart5 ment of Defense laboratories; 

6 (D) the direct staffing requirements of the 

7 Unit, including a description of the desired skills 

8 and expertise of such staff; 

9 (E) the number of civilian and military 

10 personnel provided by the military departments 

11 and Defense Agencies to support the Unit; 

12 (F) any planned expansion to new sites, the 

13 metrics used to identify such sites, and an expla14 nation of how such expansion will provide access 

15 to innovations of nontraditional defense contrac16 tors (as such term is defined in section 2302 of 

17 title 10, United States Code) that are not other18 wise accessible; 

19 (G) how compliance with Department of 

20 Defense requirements could affect the ability of 

21 such nontraditional defense contractors to mar22 ket products and obtain funding; and 

23 (H) how to treat intellectual property that 

24 has been developed with little or no government 

25 funding. 


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1 (3) Any other information the Secretary deter2 mines to be appropriate. 

3 (c) FUNDS SPECIFIED.—The funds specified in this 

4 subsection are as follows: 

5 (1) Funds authorized to be appropriated by this 

6 Act or otherwise made available for fiscal year 2017 

7 for operation and maintenance, Defense-wide, for the 

8 Defense Innovation Unit Experimental. 

9 (2) Funds authorized to be appropriated by this 

10 Act or otherwise made available for fiscal year 2017 

11 for research, development, test, and evaluation, De12 fense-wide, for the Defense Innovation Unit Experi13 mental. 

14 SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR 

15 TACTICAL COMBAT TRAINING SYSTEM INCRE16 MENT II. 

17 Of the funds authorized to be appropriated by this Act 

18 or otherwise made available for fiscal year 2017 for the Tac19 tical Combat Training System Increment II of the Navy, 

20 not more than 80 percent may be obligated or expended 

21 until the Secretary of the Navy and the Secretary of the 

22 Air Force submit to the congressional defense committees 

23 the report required by section 235 of the National Defense 

24 Authorization Act for Fiscal Year 2016 (Public Law 114- 

25 92; 129 Stat. 780). 


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1 SEC. 219. RESTRUCTURING OF THE DISTRIBUTED COMMON 

2 GROUND SYSTEM OF THE ARMY. 

3 (a) IN GENERAL.—Not later than April 1, 2017, the 

4 Secretary of the Army shall restructure versions of the dis5 tributed common ground system of the Army after Incre6 ment 1— 

7 (1) by discontinuing development of any compo8 nent of the system for which there is commercial soft9 ware that is capable of fulfilling at least 80 percent 

10 of the system requirements applicable to such compo11 nent; and 

12 (2) by conducting a review of the acquisition 

13 strategy of the program to ensure that procurement of 

14 commercial software is the preferred method of meet15 ing program requirements. 

16 (b) LIMITATION.—The Secretary of the Army shall not 

17 award any contract for the development of any capability 

18 for the distributed common ground system of the Army if 

19 such a capability is available for purchase on the commer20 cial market, except for minor capabilities that are inci21 dental to and necessary for the proper functioning of a 

22 major component of the system. 


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1 SEC. 220. DESIGNATION OF DEPARTMENT OF DEFENSE SEN2 IOR OFFICIAL WITH PRINCIPAL RESPONSI3 BILITY FOR DIRECTED ENERGY WEAPONS. 

4 Not later than 180 days after the date of the enactment 

5 of this Act, the Secretary of Defense shall— 

6 (1) designate a senior official already serving 

7 within the Department of Defense as the official with 

8 principal responsibility for the development and dem9 onstration of directed energy weapons for the Depart10 ment; and 

11 (2) set forth the responsibilities of that senior of12 ficial with respect to such programs. 

13 Subtitle C—Reports and Other 

14 Matters 

15 SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED 

16 MICROELECTRONICS. 

17 (a) STRATEGY.—The Secretary of Defense shall develop 

18 a strategy to ensure that the Department of Defense has 

19 assured access to trusted microelectronics by not later than 

20 September 30, 2020. 

21 (b) ELEMENTS.—The strategy under subsection (a) 

22 shall include the following: 

23 (1) Definitions of the various levels of trust re24 quired by classes of Department of Defense systems. 

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1 tems are required to maintain with respect to micro2 electronics. 

3 (3) Means by which trust in microelectronics can 

4 be assured. 

5 (4) Means to increase the supplier base for as6 sured microelectronics to ensure multiple supply 

7 pathways. 

8 (5) An assessment of the microelectronics needs 

9 of the Department of Defense in future years, includ10 ing the need for trusted, radiation-hardened micro11 electronics. 

12 (6) An assessment of the microelectronic needs of 

13 the Department of Defense that may not be fulfilled 

14 by entities outside the Department of Defense. 

15 (7) The resources required to assure access to 

16 trusted microelectronics, including infrastructure and 

17 investments in science and technology. 

18 (c) SUBMISSION.—Not later than one year after the 

19 date of the enactment of this Act, the Secretary shall submit 

20 to the congressional defense committees the strategy devel21 oped under subsection (a). The strategy shall be submitted 

22 in unclassified form, but may include a classified annex. 

23 (d) DIRECTIVE REQUIRED.—Not later than September 

24 30, 2020, the Secretary of Defense shall issue a directive 

25 for the Department of Defense describing how Department 


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1 of Defense entities may access assured and trusted micro2 electronics supply chains for Department of Defense sys3 tems. 

4 (e) CERTIFICATION.—Not later than September 30, 

5 2020, the Secretary of the Defense shall certify to the con6 gressional defense committees that— 

7 (1) the strategy developed under subsection (a) 

8 has been implemented; and 

9 (2) the Department of Defense has an assured 

10 means for accessing a sufficient supply of trusted 

11 microelectronics, as required by the strategy developed 

12 under subsection (a). 

13 (f) DEFINITION.—In this section, the terms ‘‘trust’’ 

14 and ‘‘trusted’’ refer, with respect to microelectronics, to the 

15 ability of the Department of Defense to have confidence that 

16 the microelectronics function as intended and are free of 

17 exploitable vulnerabilities, either intentionally or uninten18 tionally designed or inserted as part of the system at any 

19 time during its life cycle. 

20 SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMER21 CIAL INFORMATION TECHNOLOGY. 

22 (a) PILOT PROGRAM.—The Director of the Defense In23 formation Systems Agency shall carry out a pilot program 

24 to evaluate commercially available information technology 

25 tools to better understand the potential impact of such tools 


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1 on networks and computing environments of the Depart2 ment of Defense. 

3 (b) ACTIVITIES.—Activities under the pilot program 

4 may include the following: 

5 (1) Prototyping, experimentation, operational 

6 demonstration, military user assessments, and other 

7 means of obtaining quantitative and qualitative feed8 back on the commercial information technology prod9 ucts. 

10 (2) Engagement with the commercial informa11 tion technology industry to— 

12 (A) forecast military requirements and tech13 nology needs; and 

14 (B) support the development of market 

15 strategies and program requirements before fi16 nalizing acquisition decisions and strategies. 

17 (3) Assessment of novel or innovative commercial 

18 technology for use by the Department of Defense. 

19 (4) Assessment of novel or innovative contracting 

20 mechanisms to speed delivery of capabilities to the 

21 Armed Forces. 

22 (5) Solicitation of operational user input to 

23 shape future information technology requirements of 

24 the Department of Defense. 


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1 (c) LIMITATION ON AVAILABILITY OF FUNDS.—Of the 

2 amounts authorized to be appropriated for research, devel3 opment, test, and evaluation, Defense-wide, for each of fiscal 

4 years 2017 through 2022, not more than $15,000,000 may 

5 be expended on the pilot program in any such fiscal year. 

6 SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF THE 

7 LABORATORIES AND TEST AND EVALUATION 

8 CENTERS OF THE DEPARTMENT OF DEFENSE. 

9 (a) IN GENERAL.—The Assistant Secretaries shall 

10 jointly carry out a pilot program to demonstrate methods 

11 for the more effective development of research, development, 

12 test, and evaluation functions. 

13 (b) SELECTION AND PRIORITY.—The Assistant Secre14 taries shall jointly select not more than one laboratory and 

15 one test and evaluation center from each of the military 

16 services to participate in the pilot program under sub17 section (a). 

18 (c) PARTICIPATION IN PROGRAM.— 

19 (1) IN GENERAL.—Subject to paragraph (2), the 

20 director of a laboratory or test and evaluation center 

21 selected under subsection (b) shall propose and imple22 ment alternative and innovative methods of rapid 

23 project delivery, support, experimentation, proto24 typing, and partnership with universities and private 

25 sector entities to— 


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1 (A) generate greater value and efficiencies 

2 in research and development activities per dollar 

3 of cost; and 

4 (B) enable more rapid deployment of 

5 warfighter capabilities. 

6 (2) IMPLEMENTATION.—The director shall imple7 ment each method proposed under paragraph (1) un8 less such method is disapproved by the Assistant Sec9 retary concerned. 

10 (d) WAIVER AUTHORITY FOR DEMONSTRATION AND

11 IMPLEMENTATION.—Until the termination of the pilot pro12 gram under subsection (f), the director of a laboratory or 

13 test and evaluation center selected under subsection (b) may 

14 waive any restriction or departmental instruction that 

15 would affect the implementation of a method proposed 

16 under subsection (c), unless such implementation would be 

17 prohibited by Federal law. 

18 (e) MINIMUM PARTICIPATION REQUIREMENT.—Each 

19 laboratory or test and evaluation center selected under sub20 section (b) shall participate in the pilot program under sub21 section (a) for a period of not fewer than six years begin22 ning not later than 180 days after the date of the enactment 

23 of this Act. 

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1 priate by the Secretary of Defense that is on or after the 

2 end of the six-year period described in subsection (e). 

3 (g) ASSISTANT SECRETARY DEFINED.—In this section, 

4 the term ‘‘Assistant Secretary’’ means— 

5 (1) the Assistant Secretary of the Air Force for 

6 Acquisition, with respect to a working capital fund 

7 institution of the Air Force; 

8 (2) the Assistant Secretary of the Army for Ac9 quisition, Technology, and Logistics, with respect to 

10 a working capital fund institution of the Army; and 

11 (3) the Assistant Secretary of the Navy for Re12 search, Development, and Acquisition, with respect to 

13 a working capital fund institution of the Navy. 

14 SEC. 234. PILOT PROGRAM ON MODERNIZATION OF ELEC15 TROMAGNETIC SPECTRUM WARFARE SYS16 TEMS AND ELECTRONIC WARFARE SYSTEMS. 

17 (a) PILOT PROGRAM.— 

18 (1) IN GENERAL.—The Secretary of Defense may 

19 carry out a pilot program on the modernization of 

20 electromagnetic spectrum warfare systems and elec21 tronic warfare systems. 

22 (2) SELECTION.—If the Secretary carries out the 

23 pilot program under paragraph (1), the Electronic 

24 Warfare Executive Committee shall select from the list 

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1 magnetic spectrum warfare systems and electronic 

2 warfare systems across at least two military depart3 ments that are currently in sustainment for mod4 ernization under the pilot program. 

5 (b) DEFINITIONS.—In this section: 

6 (1) The term ‘‘electromagnetic spectrum warfare’’ 

7 means electronic warfare that encompasses military 

8 communications and sensing operations that occur in 

9 the electromagnetic operational domain. 

10 (2) The term ‘‘electronic warfare’’ means mili11 tary action involving the use of electromagnetic and 

12 directed energy to control the electromagnetic spec13 trum or to attack the enemy. 

14 SEC. 235. INDEPENDENT REVIEW OF F/A–18 PHYSIOLOGICAL 

15 EPISODES AND CORRECTIVE ACTIONS. 

16 (a) INDEPENDENT REVIEW REQUIRED.—The Sec17 retary of the Navy shall conduct an independent review of 

18 the plans, programs, and research of the Department of the 

19 Navy with respect to— 

20 (1) physiological events affecting aircrew of the 

21 F/A–18 Hornet and the F/A–18 Super Hornet air22 craft during the covered period; and 

23 (2) the efforts of the Navy and Marine Corps to 

24 prevent and mitigate the affects of such physiological 

25 events. 


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1 (b) CONDUCT OF REVIEW.—In conducting the review 

2 under subsection (a), the Secretary of the Navy shall— 

3 (1) designate an appropriate senior official in 

4 the Office of the Secretary of the Navy to oversee the 

5 review; and 

6 (2) consult experts from outside the Department 

7 of Defense in appropriate technical and medical 

8 fields. 

9 (c) REVIEW ELEMENTS.—The review under subsection 

10 (a) shall include an evaluation of— 

11 (1) any data of the Department of the Navy re12 lating to the increased frequency of physiological 

13 events affecting aircrew of the F/A–18 Hornet and the 

14 F/A–18 Super Hornet aircraft during the covered pe15 riod; 

16 (2) aircraft mishaps potentially related to such 

17 physiological events; 

18 (3) the cost and effectiveness of all material, 

19 operational, maintenance, and other measures carried 

20 out by the Department of the Navy to mitigate such 

21 physiological events during the covered period; 

22 (4) material, operational, maintenance, or other 

23 measures that may reduce the rate of such physio24 logical events in the future; and 

25 (5) the performance of— 


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1 (A) the onboard oxygen generation system 

2 in the F/A–18 Super Hornet; 

3 (B) the overall environmental control sys4 tem in the F/A–18 Hornet and F/A–18 Super 

5 Hornet; and 

6 (C) other relevant subsystems of the F/A–18 

7 Hornet and F/A–18 Super Hornet, as deter8 mined by the Secretary. 

9 (d) REPORT REQUIRED.—Not later than December 1, 

10 2017, the Secretary of Navy shall submit to the congres11 sional defense committees a report that includes the results 

12 of the review under subsection (a). 

13 (e) COVERED PERIOD.—In this section, the term ‘‘cov14 ered period’’ means the period beginning on January 1, 

15 2009, and ending on the date of the submission of the report 

16 under subsection (d). 

17 SEC. 236. STUDY ON HELICOPTER CRASH PREVENTION AND 

18 MITIGATION TECHNOLOGY. 

19 (a) STUDY REQUIRED.—The Secretary of Defense shall 

20 seek to enter into a contract with a federally funded re21 search and development center to conduct a study on tech22 nologies with the potential to prevent and mitigate heli23 copter crashes. 

24 (b) ELEMENTS.—The study required under subsection 

25 (a) shall include the following: 


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1 (1) Identification of technologies with the poten2 tial— 

3 (A) to prevent helicopter crashes (such as 

4 collision avoidance technologies and battle space 

5 and terrain situational awareness technologies); 

6 and 

7 (B) to improve survivability among indi8 viduals involved in such crashes (such as adapt9 ive flight control technologies and improved en10 ergy absorbing technologies). 

11 (2) A cost-benefit analysis of each technology 

12 identified under paragraph (1) that takes into ac13 count the cost of developing and deploying the tech14 nology compared to the potential of the technology to 

15 prevent casualties or injuries. 

16 (3) A list that ranks the technologies identified 

17 under paragraph (1) based on— 

18 (A) the results of the cost-benefit analysis 

19 under paragraph (2); and 

20 (B) the readiness level of each technology. 

21 (4) An analysis of helicopter crashes that— 

22 (A) compares the casualty rates of cockpit 

23 occupants to the casualty rates of occupants of 

24 cargo compartments and troop seats; and 


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1 (B) identifies the root causes of the casual2 ties described in subparagraph (A). 

3 (c) BRIEFING.—Not later than one year after the date 

4 of the enactment of this Act, the Secretary shall provide to 

5 the Committees on Armed Services of the Senate and House 

6 of Representatives (and other congressional defense commit7 tees on request) a briefing that includes— 

8 (1) the results of the study required under sub9 section (a); and 

10 (2) the list described in subsection (b)(3). 

11 SEC. 237. REPORT ON ELECTRONIC WARFARE CAPABILI12 TIES. 

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

14 2017, the Under Secretary of Defense for Acquisition, Tech15 nology, and Logistics, acting through the Electronic War16 fare Executive Committee, shall submit to the congressional 

17 defense committees a report on the electronic warfare capa18 bilities of the Department of Defense. 

19 (b) ELEMENTS.—The report under subsection (a) shall 

20 include the following: 

21 (1) A strategy for advancing and accelerating re22 search, development, test, and evaluation, and field23 ing, of electronic warfare capabilities to meet current 

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1 tions for streamlining acquisition processes with re2 spect to such capabilities. 

3 (2) A methodology for synchronizing and over4 seeing electronic warfare strategies, operational con5 cepts, and programs across the Department of De6 fense, including electronic warfare programs that sup7 port or enable cyber operations. 

8 (3) The training and operational support re9 quired for fielding and sustaining current and 

10 planned investments in electronic warfare capabili11 ties. 

12 (4) A comprehensive list of investments of the 

13 Department of Defense in electronic warfare capabili14 ties, including the capabilities to be developed, pro15 cured, or sustained in— 

16 (A) the budget of the President for fiscal 

17 year 2018 submitted to Congress under section 

18 1105(a) of title 31, United States Code; and 

19 (B) the future-years defense program sub20 mitted to Congress under section 221 of title 10, 

21 United States Code, for that fiscal year. 

22 (5) Progress on increasing innovative electro23 magnetic spectrum warfighting methods and oper24 ational concepts that provide advantages within the 

25 electromagnetic spectrum operational domain. 


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1 (6) Specific attributes needed in future electronic 

2 warfare capabilities, such as networking, adapt3 ability, agility, multifunctionality, and miniaturiza4 tion, and progress toward incorporating such at5 tributes in new electronic warfare systems. 

6 (7) Capability gaps with respect to asymmetric 

7 and near-peer adversaries identified pursuant to a 

8 capability gap assessment. 

9 (8) A joint strategy on achieving near real-time 

10 system adaption to rapidly advancing modern digital 

11 electronics. 

12 (9) Any other information the Secretary deter13 mines to be appropriate. 

14 (c) FORM.—The report under subsection (a) shall be 

15 submitted in unclassified form, but may include a classified 

16 annex. 

17 TITLE III—OPERATION AND 

18 MAINTENANCE 

19 Subtitle A—Authorization of 

20 Appropriations 

21 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

22 Funds are hereby authorized to be appropriated for fis23 cal year 2017 for the use of the Armed Forces and other 

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1 penses, not otherwise provided for, for operation and main2 tenance, as specified in the funding table in section 4301. 

3 Subtitle B—Energy and 

4 Environment 

5 SEC. 311. RULE OF CONSTRUCTION REGARDING ALTER6 NATIVE FUEL PROCUREMENT REQUIREMENT. 

7 Section 526 of the Energy Independence and Security 

8 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

9 amended by adding at the end the following: ‘‘This provi10 sion shall not be construed as a constraint on any conven11 tional or unconventional fuel procurement necessary for 

12 military operations, including for test and certification 

13 purposes.’’ 

14 Subtitle C—Logistics and 

15 Sustainment 

16 SEC. 321. PILOT PROGRAM FOR INCLUSION OF CERTAIN IN17 DUSTRIAL PLANTS IN THE ARMAMENT RE18 TOOLING AND MANUFACTURING SUPPORT 

19 INITIATIVE. 

20 During the five-year period beginning on the date of 

21 the enactment of this Act, the Secretary of Defense shall 

22 treat a Government-owned, contractor-operated industrial 

23 plant of the Department of the Army as an eligible facility 

24 under section 4551(2) of title 10, United States Code. 


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1 SEC. 322. PRIVATE SECTOR PORT LOADING ASSESSMENT. 

2 (a) ASSESSMENTS REQUIRED.—During the period be3 ginning on the date of the enactment of this Act and ending 

4 on the date of the final briefing under subsection (d), the 

5 Secretary of the Navy shall conduct quarterly assessments 

6 of Naval ship maintenance and loading activities carried 

7 out by private sector entities at each covered port. 

8 (b) ELEMENTS OF ASSESSMENTS.—Each assessment 

9 under subsection (a) shall include, with respect to each cov10 ered port, the following: 

11 (1) Resources per day, including daily ship 

12 availabilities and the workforce available to carry out 

13 maintenance and loading activities, for the fiscal year 

14 preceding the quarter covered by the assessment 

15 through the end of such quarter. 

16 (2) Projected resources per day, including daily 

17 ship availabilities and the workforce available to 

18 carry out maintenance and loading activities, 

19 through the end of the second fiscal year beginning 

20 after the quarter covered by the assessment. 

21 (3) A description of the methods by which the 

22 Secretary communicates projected workloads to pri23 vate sector entities engaged in ship maintenance ac24 tivities and ship loading activities. 

25 (4) A description of any processes that have been 

26 implemented to allow for timely feedback from private 


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1 sector entities engaged in ship maintenance activities 

2 and ship loading activities. 

3 (c) SENSE OF CONGRESS.—It is the Sense of Congress 

4 that the Secretary should implement measures to minimize 

5 workload fluctuations at covered ports to stabilize the pri6 vate sector workforce and reduce the cost of maintenance 

7 availabilities. 

8 (d) BRIEFINGS REQUIRED.—Not later than October 1, 

9 2016, and on a quarterly basis thereafter until September 

10 30, 2021, the Secretary shall provide to the Committees on 

11 Armed Services of the Senate and House of Representatives 

12 (and other congressional defense committees on request)— 

13 (1) a briefing on the results of the assessments 

14 conducted under subsection (a); and 

15 (2) a chart depicting the information described 

16 in paragraphs (1) and (2) of subsection (b) with re17 spect to each covered port. 

18 (e) COVERED PORTS.—In this section, the term ‘‘cov19 ered ports’’ means port facilities used by the Department 

20 of Defense in each of the following locations: 

21 (1) Mayport, Florida. 

22 (2) Norfolk, Virginia. 

23 (4) Pearl Harbor, Hawaii. 

24 (3) Puget Sound, Washington. 

25 (5) San Diego, California. 


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1 SEC. 323. LIMITATION ON AVAILABILITY OF FUNDS FOR DE2 FENSE CONTRACT MANAGEMENT AGENCY. 

3 (a) LIMITATION.—Of the funds authorized to be appro4 priated by this Act or otherwise made available for fiscal 

5 year 2017 for the operation of the Defense Contract Manage6 ment Agency, not more than 90 percent may be obligated 

7 or expended in fiscal year 2017 until the Director of the 

8 agency provides to the congressional defense committees the 

9 briefing under subsection (b). 

10 (b) BRIEFING.—The Director of the Defense Contract 

11 Management Agency shall provide to the Committees on 

12 Armed Services of the Senate and House of Representatives 

13 (and other congressional defense committees on request) a 

14 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 and 

19 the defense industrial base (as prescribed under De20 partment of Defense Instruction 8320.04). 

21 (2) A description of the policies, procedures, staff 

22 training, and equipment needed to— 

23 (A) ensure contract compliance with item24 unique identification standards for all items that 

25 require unique item-level traceability at any 

26 time in their life cycle; 


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1 (B) support counterfeit material risk reduc2 tion; 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 TO

10 INSTALLATIONS ENERGY MANAGEMENT.—Subsection (a) of 

11 section 2925 of title 10, United States Code, is amended 

12 to read as follows: 

13 ‘‘(a) ANNUAL REPORT RELATED TO INSTALLATIONS

14 ENERGY MANAGEMENT.—Not later than 120 days after the 

15 end of each fiscal year ending before January 31, 2021, the 

16 Secretary of Defense shall submit to the congressional de17 fense committees an installation energy report detailing the 

18 fulfillment during that fiscal year of the energy performance 

19 goals for the Department of Defense under section 2911 of 

20 this title. Each report shall contain the following: 

21 ‘‘(1) The energy performance goals for the De22 partment of Defense with respect to transportation 

23 systems, support systems, utilities, and infrastructure 

24 and facilities for the fiscal year covered by the report 

25 and the next 5, 10, and 20 fiscal years, including any 


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1 changes to such energy performance goals since the 

2 submission of the previous report under this section. 

3 ‘‘(2) A master plan for the achievement of the en4 ergy performance goals of the Department of Defense, 

5 as such goals are set forth in any laws, regulations, 

6 executive orders, or Department of Defense policies, 

7 including— 

8 ‘‘(A) a separate plan for each military de9 partment and Defense Agency; 

10 ‘‘(B) a standard for the measurement of en11 ergy consumed by transportation systems, sup12 port systems, utilities, and facilities and infra13 structure, applied consistently across the mili14 tary departments; 

15 ‘‘(C) a methodology for measuring reduc16 tions in energy consumption that accounts for 

17 changes— 

18 ‘‘(i) in the sizes of fleets; and 

19 ‘‘(ii) in the number and overall square 

20 footage of facility plants; 

21 ‘‘(D) standards to track annual progress in 

22 meeting energy performance goals; 

23 ‘‘(E) a description of any requirements and 

24 proposed investments relating to energy perform25 ance goals included in the materials submitted 


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1 in support of the budget of the President (as sub2 mitted to Congress under section 1105(a) of title 

3 31) for the fiscal year covered by the report; and 

4 ‘‘(F) a description of any energy savings re5 sulting from the implementation of the master 

6 plan or any other energy performance measures. 

7 ‘‘(3) A table listing all energy projects financed 

8 through third party financing mechanisms (including 

9 energy savings performance contracts, enhanced use 

10 leases, utility energy service contracts, utility privat11 ization agreements, and other contractual mecha12 nisms), including— 

13 ‘‘(A) the duration of each such mechanism, 

14 an estimate of the financial obligation incurred 

15 through the duration of each such mechanism, 

16 whether the project incorporates energy security 

17 into its design, and the estimated payback period 

18 for each such mechanism; and 

19 ‘‘(B) any renewable energy certificates re20 lating to the project, including the purchasing 

21 authority for the certificates, the price of the cer22 tificates, and whether the certificates were bun23 dled or unbundled. 

24 ‘‘(4) A description of the types and quantities of 

25 energy consumed by the Department of Defense and 


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1 by members of the armed forces and civilian per2 sonnel residing or working on military installations 

3 during the fiscal year covered by the report, including 

4 a breakdown of energy consumption by— 

5 ‘‘(A) user group; 

6 ‘‘(B) the type of energy consumed, including 

7 the quantities of any renewable energy consumed 

8 that was produced or procured by the Depart9 ment of Defense; and 

10 ‘‘(C) the cost of the energy consumed. 

11 ‘‘(5) A description of the types and amount of fi12 nancial incentives received under section 2913 of this 

13 title during the preceding fiscal year and the appro14 priation account or accounts to which the incentives 

15 were credited. 

16 ‘‘(6) A description and estimate of the progress 

17 made by the military departments in meeting the cer18 tification requirements for sustainable green-building 

19 standards in construction and major renovations as 

20 required by section 433 of the Energy Independence 

21 and Security Act of 2007 (Public Law 110–140; 121 

22 Stat. 1612). 

23 ‘‘(7) Details of utility outages at military instal24 lations, including the total number and locations of 

25 outages, the financial impact of the outages, and 


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1 measures taken to mitigate outages in the future at 

2 the affected locations and across the Department of 

3 Defense. 

4 ‘‘(8) A description of any other issues and strate5 gies the Secretary determines relevant to a com6 prehensive and renewable energy policy.’’. 

7 (b) MODIFICATION OF ANNUAL REPORT RELATED TO

8 OPERATIONAL ENERGY.—Subsection (b) of section 2925 of 

9 title 10, United States Code, is amended— 

10 (1) in paragraph (1), by striking ‘‘138c of this 

11 title’’ and inserting ‘‘2926(b) of this title’’; and 

12 (2) in paragraph (2), by adding at the end the 

13 following new subparagraph: 

14 ‘‘(H) The comments and recommendations of the 

15 Assistant Secretary under section 2926(c) of this title, 

16 including the certification required under paragraph 

17 (3) of such section.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on the date of the enactment of this 

20 Act and shall apply with respect to reports required to be 

21 submitted under section 2925 of title 10, United States 

22 Code, after such date. 


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1 SEC. 332. REPORT ON EQUIPMENT PURCHASED FROM FOR2 EIGN ENTITIES AND AUTHORITY TO ADJUST 

3 ARMY ARSENAL LABOR RATES. 

4 (a) REPORT REQUIRED.—Not later than 30 days after 

5 the date on which the budget of the President for fiscal year 

6 2018 is submitted to Congress pursuant to section 1105 of 

7 title 31, Unites States Code, the Secretary of Defense shall 

8 submit to the congressional defense committees a report on 

9 the equipment, weapons, weapons systems, components, sub10 components, and end-items purchased from foreign entities 

11 that identifies those items which could be manufactured in 

12 the military arsenals of the United States or the military 

13 depots of the United States to meet the goals of this section 

14 or section 2464 of title 10, United States Code, as well as 

15 a plan for moving that workload into such arsenals or de16 pots. 

17 (b) ELEMENTS.—The report under subsection (a) shall 

18 include each of the following: 

19 (1) A list of items identified in the report re20 quired under section 333 of the National Defense Au21 thorization Act for Fiscal Year 2016 (Public Law 

22 114–92; 129 Stat. 792) and a list of any items pur23 chased from foreign manufacturers after the date of 

24 the submission of such report that are— 

25 (A) described in section 8302(a)(1) of title 

26 41, United States Code, and purchased from a 


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1 foreign manufacturer by reason of an exception 

2 under section 8302(a)(2)(A) or section 

3 8302(a)(2)(B) of such title; 

4 (B) described in section 2533b(a)(1) of title 

5 10, United States Code, and purchased from a 

6 foreign manufacturer by reason of an exception 

7 under section 2533b(b); and 

8 (C) described in section 2534(a) of such title 

9 and purchased from a foreign manufacturer by 

10 reason of a waiver exercised under paragraph 

11 (1), (2), (4), or (5) of section 2534(d) of such 

12 title. 

13 (2) An assessment of the skills required to manu14 facture the items described in paragraph (1) and a 

15 comparison of those skills with skills required to meet 

16 the critical capabilities identified in the report of the 

17 Army to Congress on Critical Manufacturing Capa18 bilities and Capacities, dated August 2013, and the 

19 core logistics capabilities identified by each military 

20 service pursuant to section 2464 of title 10, United 

21 States Code, as of the date of the enactment of this 

22 Act. 

23 (3) An identification of the tooling, equipment, 

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1 nal or depot to manufacture items described in para2 graph (1). 

3 (4) An identification of items described in para4 graph (1) most appropriate for transfer to military 

5 arsenals or depots to meet the goals of this section or 

6 the requirements of section 2464 of title 10, United 

7 States Code. 

8 (5) An explanation of the rationale for con9 tinuing to sole-source the manufacturing of items de10 scribed in paragraph (1) from a foreign source rather 

11 than a military arsenal, depot, or other organic facil12 ity. 

13 (6) Such other information the Secretary deter14 mines to be appropriate. 

15 (c) AUTHORITY TO ADJUST LABOR RATES TO RE16 FLECT WORK PRODUCTION.— 

17 (1) IN GENERAL.—Not later than March 1, 2017, 

18 the Secretary of Defense shall establish a two-year 

19 pilot program for the purpose of permitting the Army 

20 arsenals to adjust periodically, throughout the year, 

21 their labor rates charged to customers based upon 

22 changes in workload and other factors. 

23 (2) BRIEFING.—Not later than May 1, 2019, the 

24 Secretary of Defense shall provide to the Committees 


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1 on Armed Services of the Senate and the House of 

2 Representatives a briefing that assesses— 

3 (A) each Army arsenal’s changes in labor 

4 rates throughout the previous year; 

5 (B) the ability of each arsenal to meet the 

6 costs of their working-capital funds; and 

7 (C) the effect on arsenal workloads of labor 

8 rate changes. 

9 Subtitle E—Other Matters 

10 SEC. 341. EXPLOSIVE ORDNANCE DISPOSAL CORPS. 

11 Section 3063 of title 10, United States Code, is amend12 ed— 

13 (1) in paragraph (12), by striking ‘‘and’’ at the 

14 end; 

15 (2) by redesignating paragraph (13) as para16 graph (14); and 

17 (3) by inserting after paragraph (12) the fol18 lowing new paragraph (13): 

19 ‘‘(13) Explosive Ordnance Disposal Corps; and’’. 

20 SEC. 342. EXPLOSIVE ORDNANCE DISPOSAL PROGRAM. 

21 (a) IN GENERAL.—Chapter 136 of title 10, United 

22 States Code, is amended by adding at the end the following 

23 new section: 


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1 ‘‘§ 2283. Explosive ordnance disposal program 

2 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

3 carry out a program to be known as the ‘Explosive Ord4 nance Disposal Program’ (in this section referred to as the 

5 ‘Program’) under which the Secretary shall ensure close and 

6 continuous coordination between the military departments 

7 on matters relating to explosive ordnance disposal. 

8 ‘‘(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 

9 In carrying out the Program under subsection (a)— 

10 ‘‘(1) the Secretary of Defense shall— 

11 ‘‘(A) assign responsibility for the coordina12 tion and integration of explosive ordnance dis13 posal to a single office or entity in the Office of 

14 the Secretary of Defense; 

15 ‘‘(B) designate the Secretary of the Navy, or 

16 a designee of the Secretary’s choice, as the execu17 tive agent for the Department of Defense to co18 ordinate and integrate research, development, 

19 test, and evaluation activities and procurement 

20 activities of the military departments with re21 spect to explosive ordnance disposal; and 

22 ‘‘(C) exercise oversight over explosive ord23 nance disposal through the Defense Acquisition 

24 Board process; and 

25 ‘‘(2) the Secretary of each military department 

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1 cerned with respect to explosive ordnance disposal 

2 and may carry out research, development, test, and 

3 evaluation activities and procurement activities to 

4 address such needs. 

5 ‘‘(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.— 

6 (1) The Secretary of Defense shall submit to Congress, as 

7 a part of the defense budget materials for each fiscal year 

8 after fiscal year 2017, a consolidated budget justification 

9 display, in classified and unclassified form, that covers all 

10 activities of Department of Defense relating to the Program. 

11 ‘‘(2) The budget display under paragraph (1) for a fis12 cal year shall include a single program element for each 

13 of the following: 

14 ‘‘(A) Research, development, test, and evaluation. 

15 ‘‘(B) Procurement. 

16 ‘‘(C) Military construction. 

17 ‘‘(d) MANAGEMENT REVIEW.—(1) The Secretary of De18 fense, acting through the Office of the Secretary of Defense 

19 assigned responsibility for the coordination and integration 

20 of explosive ordnance disposal under subsection (b)(1)(A), 

21 shall conduct a review of the management structure of the 

22 Program, including— 

23 ‘‘(A) research, development, test, and evaluation; 

24 ‘‘(B) procurement; 

25 ‘‘(C) doctrine development; 


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1 ‘‘(D) policy; 

2 ‘‘(E) training; 

3 ‘‘(F) development of requirements; 

4 ‘‘(G) readiness; and 

5 ‘‘(H) risk assessment. 

6 ‘‘(2) Not later than May 1, 2018, the Secretary shall 

7 provide to the Committees on Armed Services of the Senate 

8 and the House of Representatives a briefing that includes— 

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; 


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1 ‘‘(E) demolition charges; 

2 ‘‘(F) pyrotechnics; 

3 ‘‘(G) clusters and dispensers; 

4 ‘‘(H) cartridge and propellant actuated 

5 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, re12 covery and exploitation, and final disposition of the 

13 ordnance.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by adding at the 

16 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 


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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 prescribed 

8 by the Secretary, if the Secretary decides that con9 structing or altering a structure may result in an ob10 struction of the navigable airspace, an interference 

11 with air navigation facilities and equipment or the 

12 navigable airspace, or, after consultation with the 

13 Secretary of Defense, an unacceptable risk to the na14 tional security of the United States, the Secretary 

15 shall conduct an aeronautical study to decide the ex16 tent of such impacts on the safe and efficient use of 

17 the airspace, facilities, or equipment. In conducting 

18 the study, the Secretary shall— 

19 ‘‘(A) consider factors relevant to the efficient 

20 and effective use of the navigable airspace, in21 cluding— 

22 ‘‘(i) the impact on arrival, departure, 

23 and en route procedures for aircraft oper24 ating under visual flight rules; 


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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 alteration 

10 of a structure when combined with the im11 pact of other existing or proposed struc12 tures; and 

13 ‘‘(vi) other factors relevant to the effi14 cient and effective use of navigable airspace; 

15 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 


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1 ‘‘(B) unacceptable risk to the national secu2 rity of the United States, as determined by the 

3 Secretary of Defense under subsection (f).’’. 

4 (c) NATIONAL SECURITY FINDING; DEFINITION.—Sec5 tion 44718 of title 49, United States Code, is amended by 

6 adding at the end the following: 

7 ‘‘(f) NATIONAL SECURITY FINDING.—As part of an 

8 aeronautical study conducted under subsection (b), the Sec9 retary of Defense shall— 

10 ‘‘(1) make a finding on whether the construction, 

11 alteration, establishment, or expansion of a structure 

12 or sanitary landfill included in the study would re13 sult in an unacceptable risk to the national security 

14 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 OF

19 UNITED STATES DEFINED.—In this section, the term ‘un20 acceptable risk to the national security of the United States’ 

21 has the meaning given the term in section 211.3 of title 

22 32, Code of Federal Regulations, as in effect on January 

23 6, 2014.’’. 

24 (d) CONFORMING AMENDMENTS.— 


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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 following: 

‘‘44718. Structures interfering with air commerce or national security.’’. 

9 SEC. 344. DEVELOPMENT OF PERSONAL PROTECTIVE 

10 EQUIPMENT FOR FEMALE MARINES AND SOL11 DIERS. 

12 The Secretary of the Navy and the Commandant of 

13 the Marine Corps shall work in coordination with the Sec14 retary of the Army to develop, not later than April 1, 2017, 

15 a joint acquisition strategy to provide more effective per16 sonal protective equipment and organizational clothing and 

17 equipment to meet the specific and unique requirements for 

18 female Marines and soldiers. 

19 SEC. 345. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF 

20 THE DEPARTMENT OF DEFENSE. 

21 (a) STUDY REQUIRED.—Not later than 90 days after 

22 the date of the enactment of this Act, the Secretary of De23 fense shall seek to enter into a contract with a federally 

24 funded research and development center to conduct an indeVerDate Sep 11 2014 19:11 May 04, 2016 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 pendent study on the space-available travel system of the 

2 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 commit7 tees a report summarizing the results of the study conducted 

8 under such subsection. 

9 (c) ELEMENTS.—The report under subsection (b) shall 

10 include, with respect to the space-available travel system, 

11 the following: 

12 (1) A determination of— 

13 (A) the capacity of the system as of the date 

14 of the enactment of this Act; 

15 (B) the projected capacity of the system for 

16 the 10-year period following such date of enact17 ment; and 

18 (C) the projected number of reserve retirees, 

19 active duty retirees, and dependents of such re20 tirees that will exist by the end of such 10-year 

21 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 

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1 spect to each category of passengers eligible for space2 available travel under existing regulations. 

3 (4) A description of the effect on system capacity 

4 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 retirees 

10 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-available 

24 travel to include— 


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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 for 

7 retired pay under chapter 1223 of such title; and 

8 (B) unremarried widows and widowers of 

9 active or reserve component members of the 

10 Armed Forces. 

11 (8) Such other factors relating to the efficiency 

12 and cost of the system as the Secretary determines to 

13 be appropriate. 

14 (d) ADDITIONAL RESPONSIBILITIES.—In addition to 

15 carrying out subsections (a) through (c), the Secretary of 

16 Defense shall— 

17 (1) analyze the methods used to prioritize among 

18 the categories of individuals eligible for space-avail19 able travel and make recommendations for— 

20 (A) re-ordering the priority of such cat21 egories; and 

22 (B) adding additional categories of eligible 

23 individuals; and 


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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 cus7 tom designed motors is available to the Department of De8 fense, particularly to meet its replacement motor require9 ments for older equipment, and to protect small businesses 

10 that supply such motors to the Department of Defense, the 

11 requirements of section 431.25 of title 10, Code of Federal 

12 Regulations, shall not be enforced against manufacturers of 

13 specialty motors, whether characterized by the Department 

14 as special purpose or definite purpose motors, provided that 

15 such manufacturers qualify as small businesses and pro16 vided further that such manufacturers do not also manufac17 ture general purpose motors and provided further that such 

18 manufacturers were in the business of manufacturing such 

19 motors on June 1, 2016. 


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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 estab12 lishes and implements the process by which members of the 

13 Armed Forces may carry an appropriate firearm on a mili14 tary installation, as required by section 526 of the National 

15 Defense Authorization Act for Fiscal Year 2016 (Public 

16 Law 114-92; 129 Stat. 813; 10 U.S.C. 2672 note). 

17 TITLE IV—MILITARY PERSONNEL 

18 AUTHORIZATIONS 

19 Subtitle A—Active Forces 

20 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

21 The Armed Forces are authorized strengths for active 

22 duty personnel as of September 30, 2017, as follows: 

23 (1) The Army, 480,000. 

24 (2) The Navy, 324,615. 

25 (3) The Marine Corps, 185,000. 

26 (4) The Air Force, 321,000. 


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1 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 

2 STRENGTH MINIMUM LEVELS. 

3 Section 691(b) of title 10, United States Code, is 

4 amended by striking paragraphs (1) through (4) and insert5 ing the following new paragraphs: 

6 ‘‘(1) For the Army, 480,000. 

7 ‘‘(2) For the Navy, 322,900. 

8 ‘‘(3) For the Marine Corps, 185,000. 

9 ‘‘(4) For the Air Force, 321,000.’’. 

10 Subtitle B—Reserve Forces 

11 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

12 (a) IN GENERAL.—The Armed Forces are authorized 

13 strengths for Selected Reserve personnel of the reserve com14 ponents as of September 30, 2017, as follows: 

15 (1) The Army National Guard of the United 

16 States, 350,000. 

17 (2) The Army Reserve, 205,000. 

18 (3) The Navy Reserve, 58,000. 

19 (4) The Marine Corps Reserve, 38,500. 

20 (5) The Air National Guard of the United 

21 States, 105,700. 

22 (6) The Air Force Reserve, 69,000. 

23 (7) The Coast Guard Reserve, 7,000. 

24 (b) END STRENGTH REDUCTIONS.—The end strengths 

25 prescribed by subsection (a) for the Selected Reserve of any 

26 reserve component shall be proportionately reduced by— 


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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of such 

3 component which are on active duty (other than for 

4 training) at the end of the fiscal year; and 

5 (2) the total number of individual members not 

6 in units organized to serve as units of the Selected 

7 Reserve of such component who are on active duty 

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end 

10 of the fiscal year. 

11 (c) END STRENGTH INCREASES.—Whenever units or 

12 individual members of the Selected Reserve for any reserve 

13 component are released from active duty during any fiscal 

14 year, the end strength prescribed for such fiscal year for 

15 the Selected Reserve of such reserve component shall be in16 creased proportionately by the total authorized strengths of 

17 such units and by the total number of such individual mem18 bers. 

19 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

20 DUTY IN SUPPORT OF THE RESERVES. 

21 Within the end strengths prescribed in section 411(a), 

22 the reserve components of the Armed Forces are authorized, 

23 as of September 30, 2017, the following number of Reserves 

24 to be serving on full-time active duty or full-time duty, in 

25 the case of members of the National Guard, for the purpose 


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1 of organizing, administering, recruiting, instructing, or 

2 training the reserve components: 

3 (1) The Army National Guard of the United 

4 States, 30,155. 

5 (2) The Army Reserve, 16,261. 

6 (3) The Navy Reserve, 9,955. 

7 (4) The Marine Corps Reserve, 2,261. 

8 (5) The Air National Guard of the United 

9 States, 14,764. 

10 (6) The Air Force Reserve, 2,955. 

11 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

12 (DUAL STATUS). 

13 The minimum number of military technicians (dual 

14 status) as of the last day of fiscal year 2017 for the reserve 

15 components of the Army and the Air Force (notwith16 standing section 129 of title 10, United States Code) shall 

17 be the following: 

18 (1) For the Army National Guard of the United 

19 States, 25,507. 

20 (2) For the Army Reserve, 7,570. 

21 (3) For the Air National Guard of the United 

22 States, 22,103. 

23 (4) For the Air Force Reserve, 10,061. 


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1 SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2017, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 1,600. 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2017, may not exceed 420. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2017, may not exceed 90. 

19 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

20 this section, the term ‘‘non-dual status technician’’ has the 

21 meaning given that term in section 10217(a) of title 10, 

22 United States Code. 


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1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2017, the maximum number of 

5 members of the reserve components of the Armed Forces who 

6 may be serving at any time on full-time operational sup7 port duty under section 115(b) of title 10, United States 

8 Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 SEC. 416. SENSE OF CONGRESS ON FULL-TIME SUPPORT 

18 FOR THE ARMY NATIONAL GUARD. 

19 It is the sense of Congress that— 

20 (1) an adequately supported, full-time support 

21 force consisting of active and reserve personnel and 

22 military technicians for the Army National Guard is 

23 essential to maintaining the readiness of the Army 

24 National Guard; 

25 (2) the full-time support force for the Army Na26 tional Guard is the primary mechanism through 


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1 which the programs of the Army and the Department 

2 of Defense are delivered to all 350,000 soldiers of the 

3 Army National Guard; 

4 (3) reductions in active and reserve personnel 

5 and military technicians since 2014, totaling 2401, 

6 have adversely impacted the readiness of the Army 

7 National Guard; 

8 (4) the growth in the full-time support force for 

9 the Army National Guard since 2014 is due solely to 

10 validated requirements originating before September 

11 11, 2001, and not war-time growth; 

12 (5) funding for the full-time support force for the 

13 Army National Guard has never exceeded 72 percent 

14 of the validated requirement of the headquarters of the 

15 Department of the Army; 

16 (6) the current size of the full-time support force 

17 for the Army National Guard is the minimum re18 quired to maintain foundational readiness require19 ments; and 

20 (7) further reducing the size of the full-time sup21 port force for the Army National Guard will have ad22 verse and long-lasting impacts on readiness. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

5 hereby authorized to be appropriated for fiscal year 2017 

6 for the use of the Armed Forces and other activities and 

7 agencies of the Department of Defense for expenses, not oth8 erwise provided for, for military personnel, as specified in 

9 the funding table in section 4401. 

10 (b) CONSTRUCTION OF AUTHORIZATION.—The author11 ization of appropriations in subsection (a) supersedes any 

12 other authorization of appropriations (definite or indefi13 nite) for such purpose for fiscal year 2017. 

14 TITLE V—MILITARY PERSONNEL 

15 POLICY 

16 Subtitle A—Officer Personnel Policy 

17 SEC. 501. NUMBER OF MARINE CORPS GENERAL OFFICERS. 

18 (a) DISTRIBUTION OF COMMISSIONED OFFICERS ON

19 ACTIVE DUTY IN GENERAL OFFICER AND FLAG OFFICER

20 GRADES.—Section 525(a)(4) of title 10, United States 

21 Code, is amended— 

22 (1) in subparagraph (B), by striking ‘‘15’’ and 

23 inserting ‘‘17’’; and 

24 (2) in subparagraph (C), by striking ‘‘23’’ and 

25 inserting ‘‘22’’. 


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1 (b) GENERAL AND FLAG OFFICERS ON ACTIVE

2 DUTY.—Section 526(a)(4) of such title is amended by strik3 ing ‘‘61’’ and inserting ‘‘62’’. 

4 (c) DEPUTY COMMANDANTS.—Section 5045 of such 

5 title is amended by striking ‘‘six’’ and inserting ‘‘seven’’. 

6 SEC. 502. EQUAL CONSIDERATION OF OFFICERS FOR EARLY 

7 RETIREMENT OR DISCHARGE. 

8 Section 638a of title 10, United States Code, is amend9 ed— 

10 (1) in subsection (b), by adding at the end the 

11 following new paragraph: 

12 ‘‘(4) Convening selection boards under section 

13 611(b) of this title to consider for early retirement or 

14 discharge regular officers on the active-duty list in a 

15 grade below lieutenant colonel or commander— 

16 ‘‘(A) who have served at least one year of 

17 active duty in the grade currently held; and 

18 ‘‘(B) whose names are not on a list of offi19 cers recommended for promotion.’’; 

20 (2) by redesignating subsection (e) as subsection 

21 (f); and 

22 (3) by inserting after subsection (d) the following 

23 new subsection (e): 

24 ‘‘(e)(1) In the case of action under subsection (b)(4), 

25 the Secretary of the military department concerned shall 


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1 specify the total number of officers described in that sub2 section that a selection board convened under section 611(b) 

3 of this title pursuant to the authority of that subsection may 

4 recommend for early retirement or discharge. Officers who 

5 are eligible, or are within two years of becoming eligible, 

6 to be retired under any provision of law (other than by rea7 son of eligibility pursuant to section 4403 of the National 

8 Defense Authorization Act for Fiscal Year 1993 (Public 

9 Law 102–484)), if selected by the board, shall be retired 

10 or retained until becoming eligible to retire under sections 

11 3911, 6323, or 8911 of this title, and those officers who are 

12 otherwise ineligible to retire under any provision of law 

13 shall, if selected by the board, be discharged. 

14 ‘‘(2) In the case of action under subsection (b)(4), the 

15 Secretary of the military department concerned may submit 

16 to a selection board convened pursuant to that subsection— 

17 ‘‘(A) the names of all eligible officers described in 

18 that subsection, whether or not they are eligible to be 

19 retired under any provision of law, in a particular 

20 grade and competitive category; or 

21 ‘‘(B) the names of all eligible officers described in 

22 that subsection in a particular grade and competitive 

23 category, whether or not they are eligible to be retired 

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1 egories, or any combination thereof, with that com2 petitive category. 

3 ‘‘(3) The number of officers specified under paragraph 

4 (1) may not be more than 30 percent of the number of offi5 cers considered. 

6 ‘‘(4) An officer who is recommended for discharge by 

7 a selection board convened pursuant to the authority of sub8 section (b)(4) and whose discharge is approved by the Sec9 retary concerned shall be discharged on a date specified by 

10 the Secretary concerned. 

11 ‘‘(5) Selection of officers for discharge under this sub12 section shall be based on the needs of the service.’’. 

13 SEC. 503. MODIFICATION OF AUTHORITY TO DROP FROM 

14 ROLLS A COMMISSIONED OFFICER. 

15 Section 1161(b) of title 10, United States Code, is 

16 amended by inserting ‘‘or the Secretary of Defense, or in 

17 the case of a commissioned officer of the Coast Guard, the 

18 Secretary of the department in which the Coast Guard is 

19 operating when it is not operating in the Navy,’’ after 

20 ‘‘President’’. 


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1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. EXTENSION OF REMOVAL OF RESTRICTIONS ON 

4 THE TRANSFER OF OFFICERS BETWEEN THE 

5 ACTIVE AND INACTIVE NATIONAL GUARD. 

6 Section 512 of the National Defense Authorization Act 

7 for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 752; 

8 32 U.S.C. prec. 301 note) is amended— 

9 (1) in subsection (a) in the matter preceding 

10 paragraph (1), by striking ‘‘December 31, 2016’’ and 

11 inserting ‘‘December 31, 2019’’; and 

12 (2) in subsection (b) in the matter preceding 

13 paragraph (1), by striking ‘‘December 31, 2016’’ and 

14 inserting ‘‘December 31, 2019’’. 

15 SEC. 512. EXTENSION OF TEMPORARY AUTHORITY TO USE 

16 AIR FORCE RESERVE COMPONENT PER17 SONNEL TO PROVIDE TRAINING AND IN18 STRUCTION REGARDING PILOT TRAINING. 

19 Section 514(a)(1) of the National Defense Authoriza20 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

21 Stat. 810) is amended by inserting ‘‘and fiscal year 2017’’ 

22 after ‘‘During fiscal year 2016’’. 


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1 SEC. 513. LIMITATIONS ON ORDERING SELECTED RESERVE 

2 TO ACTIVE DUTY FOR PREPLANNED MIS3 SIONS IN SUPPORT OF THE COMBATANT COM4 MANDS. 

5 Section 12304b(b) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘only’’ in the 

8 matter preceding subparagraph (A); 

9 (2) by redesignating paragraph (2) as para10 graph (3); and 

11 (3) by inserting after paragraph (1) the fol12 lowing new paragraph: 

13 ‘‘(2) In lieu of paragraph (1), units may be ordered 

14 to active duty under this section if— 

15 ‘‘(A) the manpower and associated costs of such 

16 active duty has been identified by the Secretary con17 cerned as an emerging requirement in the year of exe18 cution; and 

19 ‘‘(B) the Secretary concerned provides 30-day 

20 advance notification to the congressional defense com21 mittees that identifies the funds required to support 

22 the order, a description of the mission for which the 

23 units will be ordered to active duty, and the antici24 pated length of time of the order of such units to ac25 tive duty on an involuntary basis.’’. 


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1 SEC. 514. EXEMPTION OF MILITARY TECHNICIANS (DUAL 

2 STATUS) FROM CIVILIAN EMPLOYEE FUR3 LOUGHS. 

4 Section 10216(b)(3) of title 10, United States Code, is 

5 amended by inserting after ‘‘reductions’’ the following: ‘‘(in6 cluding temporary reductions by furlough or otherwise)’’. 

7 Subtitle C—General Service 

8 Authorities 

9 SEC. 521. TECHNICAL CORRECTION TO ANNUAL AUTHOR10 IZATION FOR PERSONNEL STRENGTHS. 

11 Section 115 of title 10, United States Code, is amend12 ed— 

13 (1) in subsection (b)(1)— 

14 (A) in subparagraph (B), by striking 

15 ‘‘502(f)(2)’’ and inserting ‘‘502(f)(1)(B)’’; and 

16 (B) in subparagraph (C), by striking 

17 ‘‘502(f)(2)’’ and inserting ‘‘502(f)(1)(B)’’; and 

18 (2) in subsection (i)(7), by striking ‘‘502(f)(1)’’ 

19 and inserting ‘‘502(f)(1)(A)’’. 

20 SEC. 522. ENTITLEMENT TO LEAVE FOR ADOPTION OF 

21 CHILD BY DUAL MILITARY COUPLES. 

22 Section 701(i) of title 10, United States Code, is 

23 amended— 

24 (1) in paragraph (1), by inserting ‘‘except as 

25 provided in paragraph (3),’’ after ‘‘the Secretary of 

26 Defense,’’; and 


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1 (2) in paragraph (3), by striking ‘‘only one such 

2 member shall be allowed leave under this subsection’’ 

3 and inserting ‘‘one of the members shall be allowed up 

4 to 21 days of leave under this subsection and the other 

5 member shall be allowed up to 14 days of leave under 

6 this subsection’’. 

7 SEC. 523. REVISION OF DEPLOYABILITY RATING SYSTEM 

8 AND PLANNING REFORM. 

9 (a) DEPLOYMENT PRIORITIZATION AND READINESS.— 

10 (1) IN GENERAL.—Chapter 1003 of title 10, 

11 United States Code, is amended by inserting after sec12 tion 10102 the following new section: 

13 ‘‘§ 10102a. Deployment prioritization and readiness of 

14 army components 

15 ‘‘(a) DEPLOYMENT PRIORITIZATION.—The Secretary 

16 of the Army shall maintain a system for identifying the 

17 priority of deployment for units of all components of the 

18 Army. 

19 ‘‘(b) DEPLOYABILITY READINESS RATING.—The Sec20 retary of the Army shall maintain a readiness rating sys21 tem for units of all components of the Army that provides 

22 an accurate assessment of the deployability of a unit and 

23 those shortfalls of a unit that require the provision of addi24 tional resources. The system shall ensure— 


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1 ‘‘(1) that the personnel readiness rating of a unit 

2 reflects— 

3 ‘‘(A) both the percentage of the overall per4 sonnel requirement of the unit that is manned 

5 and deployable and the fill and deployability 

6 rate for critical occupational specialties nec7 essary for the unit to carry out its basic mission 

8 requirements; and 

9 ‘‘(B) the number of personnel in the unit 

10 who are qualified in their primary military oc11 cupational specialty; and 

12 ‘‘(2) that the equipment readiness assessment of 

13 a unit— 

14 ‘‘(A) documents all equipment required for 

15 deployment; 

16 ‘‘(B) reflects only that equipment that is di17 rectly possessed by the unit; 

18 ‘‘(C) specifies the effect of substitute items; 

19 and 

20 ‘‘(D) assesses the effect of missing compo21 nents and sets on the readiness of major equip22 ment items.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 1003 of such title is 


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1 amended by inserting after the item relating to sec2 tion 10102 the following new item: 

‘‘10102a. Deployment prioritization and readiness of Army components.’’. 

3 (b) REPEAL OF SUPERSEDED PROVISIONS OF LAW.— 

4 Sections 1121 and 1135 of the Army National Guard Com5 bat Readiness Reform Act of 1992 (title XI of Public Law 

6 102-484; 10 U.S.C. 10105 note) are repealed. 

7 SEC. 524. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN 

8 MILITARY INSTRUMENTS. 

9 (a) EXPANSION OF AUTHORITY TO EXECUTE MILITARY

10 TESTAMENTARY INSTRUMENTS.— 

11 (1) IN GENERAL.—Paragraph (2) of section 

12 1044d(c) of title 10, United States Code, is amended 

13 to read as follows: 

14 ‘‘(2) the execution of the instrument is notarized 

15 by— 

16 ‘‘(A) a military legal assistance counsel; 

17 ‘‘(B) a person who is authorized to act as 

18 a notary under section 1044a of this title who— 

19 ‘‘(i) is not an attorney; and 

20 ‘‘(ii) is supervised by a military legal 

21 assistance counsel; or 

22 ‘‘(C) a State-licensed notary employed by a 

23 military department or the Coast Guard who is 

24 supervised by a military legal assistance coun25 sel;’’. 


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1 (2) CLARIFICATION.—Paragraph (3) of such sec2 tion is amended by striking ‘‘presiding attorney’’ and 

3 inserting ‘‘person notarizing the instrument in ac4 cordance with paragraph (2)’’. 

5 (b) EXPANSION OF AUTHORITY TO NOTARIZE DOCU6 MENTS TO CIVILIANS SERVING IN MILITARY LEGAL ASSIST7 ANCE OFFICES.— 

8 (1) IN GENERAL.—Subsection (b) of section 

9 1044a of title 10, United States Code, is amended by 

10 adding at the end the following new paragraph: 

11 ‘‘(6) All civilian paralegals serving at military 

12 legal assistance offices, supervised by a military legal 

13 assistance counsel (as defined in section 1044d(g) of 

14 this title).’’. 

15 SEC. 525. TECHNICAL CORRECTION TO VOLUNTARY SEPA16 RATION PAY AND BENEFITS. 

17 Section 1175a(j) of title 10, United States Code, is 

18 amended— 

19 (1) in paragraph (2)— 

20 (A) by striking ‘‘or 12304’’ and inserting 

21 ‘‘12304, 12304a, or 12304b’’; and 

22 (B) by striking ‘‘502(f)(1)’’ and inserting 

23 ‘‘502(f)(1)(A)’’; and 

24 (2) in paragraph (3), by striking ‘‘502(f)(2)’’ 

25 and inserting ‘‘502(f)(1)(B)’’. 


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1 SEC. 526. ANNUAL NOTICE TO MEMBERS OF THE ARMED 

2 FORCES REGARDING CHILD CUSTODY PRO3 TECTIONS GUARANTEED BY THE 

4 SERVICEMEMBERS CIVIL RELIEF ACT. 

5 The Secretaries of each of the military departments 

6 shall ensure that each member of the Armed Forces with 

7 dependents receives annually, and prior to each deploy8 ment, notice of the child custody protections afforded to 

9 members of the Armed Forces under the Servicemembers 

10 Civil Relief Act (50 U.S.C. 3901 et seq.). 

11 SEC. 527. PILOT PROGRAM ON CONSOLIDATED ARMY RE12 CRUITING. 

13 (a) PILOT PROGRAM.— 

14 (1) IN GENERAL.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary of 

16 the Army shall carry out a pilot program to consoli17 date the recruiting efforts of the Regular Army, Army 

18 Reserve, and Army National Guard under which a 

19 recruiter in one of the components participating in 

20 the pilot program may recruit individuals to enlist in 

21 any of the components regardless of the funding 

22 source of the recruiting activity. Under the pilot pro23 gram, the recruiter shall receive credit toward peri24 odic enlistment goals for each enlistment regardless of 

25 the component in which the individual enlists. 


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1 (2) DURATION.—The Secretary shall carry out 

2 the pilot program for a period of not less than three 

3 years. 

4 (b) REPORTS.— 

5 (1) INTERIM REPORT.— 

6 (A) IN GENERAL.—Not later than one year 

7 after the date on which the pilot program under 

8 subsection (a) commences, the Secretary shall 

9 submit to the Committee on Armed Services of 

10 the House of Representatives a report on the 

11 pilot program. 

12 (B) ELEMENTS.—The report under sub13 paragraph (A) shall include each of the fol14 lowing: 

15 (i) An analysis of the effects that con16 solidated recruiting efforts has on the over17 all ability of recruiters to attract and place 

18 qualified candidates. 

19 (ii) A determination of the extent to 

20 which consolidating recruiting efforts affects 

21 efficiency and recruiting costs. 

22 (iii) An analysis of any challenges as23 sociated with a recruiter working to recruit 

24 individuals to enlist in a component in 

25 which the recruiter has not served. 


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1 (iv) An analysis of the satisfaction of 

2 recruiters and the component recruiting 

3 commands with the pilot program. 

4 (2) FINAL REPORT.—Not later than 180 days 

5 after the date on which the pilot program under sub6 section (a) is completed, the Secretary shall submit to 

7 the committees specified in paragraph (1)(A) a final 

8 report on the pilot program. Such final report shall 

9 include any recommendations of the Secretary with 

10 respect to extending or making permanent the pilot 

11 program and a description of any related legislative 

12 actions that the Secretary considers appropriate. 

13 SEC. 528. APPLICATION OF MILITARY SELECTIVE SERVICE 

14 REGISTRATION AND CONSCRIPTION RE15 QUIREMENTS TO FEMALE CITIZENS AND 

16 RESIDENTS OF THE UNITED STATES BE17 TWEEN THE AGES OF 18 AND 26. 

18 (a) APPLICABILITY TO FEMALE CITIZENS AND RESI19 DENTS WITHIN SPECIFIED AGE RANGE.—Section 3(a) of 

20 the Military Selective Service Act (50 U.S.C. 3802(a)) is 

21 amended— 

22 (1) in the first sentence— 

23 (A) by striking ‘‘every male citizen’’ and in24 serting ‘‘all citizens’’; 


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1 (B) by striking ‘‘every other male person’’ 

2 and inserting ‘‘all other persons’’; 

3 (C) by striking ‘‘is between’’ and inserting 

4 ‘‘are between’’; and 

5 (D) by striking ‘‘himself’’ and inserting 

6 ‘‘themselves’’; and 

7 (2) in the second sentence, by striking ‘‘he con8 tinues’’ and inserting ‘‘the alien continues’’. 

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect 90 days after the later of— 

11 (1) the date of the enactment of this Act; or 

12 (2) the date on which the Secretary of Defense 

13 certifies to Congress that all Combat Arms Military 

14 Occupational Specialties are open to qualified female 

15 candidates. 

16 SEC. 529. PARENTAL LEAVE FOR MEMBERS OF THE ARMED 

17 FORCES. 

18 (a) ADDITIONAL PARENTAL LEAVE AUTHORITY.— 

19 (1) AVAILABILITY OF PARENTAL LEAVE.—Chap20 ter 40 of title 10, United States Code, is amended by 

21 inserting after section 701 the following new section: 

22 ‘‘§ 701a. Parental leave 

23 ‘‘(a) LEAVE AUTHORIZED.—A member of the armed 

24 forces who is performing active service may be allowed leave 

25 under this section for each instance in which the member 


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1 becomes a parent as a result of the member’s spouse giving 

2 birth. 

3 ‘‘(b) AMOUNT OF LEAVE.—Leave under this section 

4 shall be at least 14 days, under regulations prescribed under 

5 this section by the Secretary concerned. 

6 ‘‘(c) DURATION OF AVAILABILITY OF LEAVE.—Leave 

7 under this section is lost as follows: 

8 ‘‘(1) If not used within one year of the date of 

9 the birth giving rise to the leave. 

10 ‘‘(2) If the member having the leave becomes en11 titled to leave under this section with respect to a dif12 ferent child. 

13 ‘‘(3) If not used before separation from active 

14 service. 

15 ‘‘(d) COORDINATION WITH OTHER LEAVE AUTHORI16 TIES.—Leave under this section is in addition to any other 

17 leave and may not be deducted or charged against other 

18 leave authorized by this chapter. 

19 ‘‘(e) REGULATIONS.—This section shall be carried out 

20 under regulations prescribed by the Secretary concerned. 

21 Regulations prescribed under this section by the Secretaries 

22 of the military departments shall be as uniform as prac23 ticable and shall be subject to approval by the Secretary 

24 of Defense.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 40 of title 10, 

3 United States Code, is amended by inserting after the 

4 item relating to section 701 the following new item: 

‘‘701a. Parental leave.’’. 

5 (3) CONFORMING AMENDMENT.—Subsection (j) of 

6 section 701 of title 10, United States Code, is re7 pealed. 

8 (b) ADOPTIONS BY DUAL-SERVICE COUPLES.—Section 

9 701(i) of title 10, United States Code, is amended by strik10 ing paragraph (3) and inserting the following new para11 graph: 

12 ‘‘(3) In the event that two members of the armed forces 

13 who are married to each other adopt a child in a qualifying 

14 child adoption, the two members shall be allowed a total 

15 of at least 36 days of leave under this subsection, to be 

16 shared between the two members. The Secretary concerned 

17 shall permit the transfer of such leave between the two mem18 bers to accommodate individual family circumstances.’’. 

19 (c) COVERAGE OF COMMISSIONED OFFICERS OF THE

20 PUBLIC HEALTH SERVICE.—Section 221(a) of the Public 

21 Health Service Act (42 U.S.C. 213a(a)) is amended by add22 ing at the end the following new paragraph: 

23 ‘‘(19) Section 701(i) and 701a, Adoption Leave 

24 and Parental Leave.’’. 


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1 Subtitle D—Military Justice, In2 cluding Sexual Assault and Do3 mestic Violence Prevention and 

4 Response 

5 SEC. 541. EXPEDITED REPORTING OF CHILD ABUSE AND 

6 NEGLECT TO STATE CHILD PROTECTIVE 

7 SERVICES. 

8 (a) REPORTING BY MILITARY AND CIVILIAN PER9 SONNEL OF THE DEPARTMENT OF DEFENSE.—Section 1787 

10 of title 10, United States Code, is amended— 

11 (1) by redesignating subsections (a) and (b) as 

12 subsections (c) and (d), respectively; and 

13 (2) by inserting before subsection (c), as so redes14 ignated, the following new subsections: 

15 ‘‘(a) REPORTING BY MILITARY AND CIVILIAN PER16 SONNEL.—A member of the armed forces, civilian employee 

17 of the Department of Defense, or contractor employee work18 ing on a military installation who is mandated by Federal 

19 regulation or State law to report known or suspected in20 stances of child abuse and neglect shall provide the report 

21 directly to State Child Protective Services or another appro22 priate State agency in addition to the member’s or employ23 ee’s chain of command or any designated Department point 

24 of contact. 


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1 ‘‘(b) TRAINING FOR MANDATED REPORTERS.—The 

2 Secretary of Defense shall ensure that individuals referred 

3 to in subsection (a) who are mandated by State law to re4 port known or suspected instances of child abuse and neglect 

5 receive appropriate training, in accordance with State 

6 guidelines, intended to improve their— 

7 ‘‘(1) ability to recognize evidence of child abuse 

8 and neglect; and 

9 ‘‘(2) understanding of the mandatory reporting 

10 requirements imposed by law.’’. 

11 (b) CONFORMING AND CLERICAL AMENDMENTS.—Sec12 tion 1787 of title 10, United States Code, is further amend13 ed— 

14 (1) in subsection (c), as redesignated by sub15 section (a)(1), by striking ‘‘IN GENERAL.—’’ and in16 serting ‘‘REPORTING BY STATES.—’’; and 

17 (2) in subsection (d), as redesignated by sub18 section (a)(1)— 

19 (A) by striking ‘‘(d) DEFINITION.—In this 

20 section, the term’’ and inserting the following: 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(2) The term ‘State’ includes the District of Co2 lumbia, the Commonwealth of Puerto Rico, the Com3 monwealth of the Northern Mariana Islands, Guam, 

4 the Virgin Islands, American Samoa, the Federated 

5 States of Micronesia, the Republic of the Marshall Is6 lands, and the Republic of Palau.’’. 

7 SEC. 542. EXTENSION OF THE REQUIREMENT FOR ANNUAL 

8 REPORT REGARDING SEXUAL ASSAULTS AND 

9 COORDINATION WITH RELEASE OF FAMILY 

10 ADVOCACY REPORT. 

11 Section 1631 of the Ike Skelton National Defense Au12 thorization Act for Fiscal Year 2011 (Public Law 111–383; 

13 124 Stat. 4433; 10 U.S.C. 1561 note) is amended— 

14 (1) in subsection (a) by striking ‘‘March 1, 

15 2017’’ and inserting ‘‘January 31, 2021’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(g) COORDINATION OF RELEASE DATE BETWEEN AN19 NUAL REPORT REGARDING SEXUAL ASSAULTS AND FAMILY

20 ADVOCACY REPORT.—The Secretary of Defense shall ensure 

21 that the report required under subsection (a) for a year is 

22 delivered to the Committees on Armed Services of the Senate 

23 and House of Representatives simultaneously with the De24 partment of Defense Family Advocacy Report for that year 


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1 required by section 543 of the National Defense Authoriza2 tion Act for Fiscal Year 2017.’’. 

3 SEC. 543. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY 

4 PROGRAM REPORT REGARDING CHILD ABUSE 

5 AND DOMESTIC VIOLENCE. 

6 (a) ANNUAL REPORT ON CHILD ABUSE AND DOMESTIC

7 VIOLENCE.—Not later than January 31, 2017, and annu8 ally thereafter through January 31, 2021, the Secretary of 

9 Defense shall submit to the Committees on Armed Services 

10 of the House of Representatives and the Senate a report on 

11 the child abuse and domestic abuse incident data from the 

12 Department of Defense Family Advocacy Program central 

13 registry of child abuse and domestic abuse incidents for the 

14 preceding calendar year. 

15 (b) CONTENTS.—The report shall contain each of the 

16 following: 

17 (1) The number of incidents reported during the 

18 year covered by the report involving— 

19 (A) spouse physical or sexual abuse; 

20 (B) intimate partner physical or sexual 

21 abuse; 

22 (C) child physical or sexual abuse; and 

23 (D) child or domestic abuse resulting in a 

24 fatality. 


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1 (2) An analysis of the number of such incidents 

2 that met the criteria for substantiation. 

3 (3) An analysis of— 

4 (A) the types of abuse reported; 

5 (B) for cases involving children as the re6 ported victims of the abuse, the ages of the 

7 abused children; and 

8 (C) other relevant characteristics of the re9 ported victims. 

10 (4) An analysis of the military status, sex, and 

11 pay grade of the alleged perpetrator of the child or do12 mestic abuse. 

13 (5) An analysis of the effectiveness of the Family 

14 Advocacy Program. 

15 (c) COORDINATION OF RELEASE DATE BETWEEN AN16 NUAL REPORT REGARDING SEXUAL ASSAULTS AND FAMILY

17 ADVOCACY PROGRAM REPORT.—The Secretary of Defense 

18 shall ensure that the sexual assault report required under 

19 section 1631 of the Ike Skelton National Defense Authoriza20 tion Act for Fiscal Year 2011 (Public Law 111–383; 10 

21 U.S.C. 1561 note) is delivered to the Committees on Armed 

22 Services of the House of Representatives and the Senate si23 multaneously with the report required under this section. 


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1 SEC. 544. IMPROVED DEPARTMENT OF DEFENSE PREVEN2 TION OF AND RESPONSE TO HAZING IN THE 

3 ARMED FORCES. 

4 (a) ANTI-HAZING DATABASE.—The Secretary of De5 fense shall provide for the establishment and use of a com6 prehensive and consistent data-collection system for the col7 lection of reports, including anonymous reports, of inci8 dents of hazing involving a member of the Armed Forces. 

9 The Secretary shall issue department-wide guidance regard10 ing the availability and use of the database, including in11 formation on protected classes, such as race and religion, 

12 who are often the victims of hazing. 

13 (b) IMPROVED TRAINING.—The Secretary of each mili14 tary department, in consultation with the Chief of Staff of 

15 each Armed Force under the jurisdiction of such Secretary, 

16 shall seek to improve training to assist members of the 

17 Armed Forces better recognize, prevent, and respond to haz18 ing at all command levels. 

19 (c) ANNUAL SURVEY.—The Secretary of each military 

20 department, in consultation with the Chief of Staff of each 

21 Armed Force under the jurisdiction of such Secretary, shall 

22 conduct an annual survey among members of each Armed 

23 Force under the jurisdiction of such Secretary to determine 

24 the following: 

25 (1) The prevalence of hazing in the Armed Force. 


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1 (2) The effectiveness of training provided mem2 bers of the Armed Force to recognize and prevent haz3 ing. 

4 (3) The extent to which members of the Armed 

5 Force report, including anonymously report, incidents 

6 of hazing. 

7 (d) ANNUAL REPORTS ON HAZING.— 

8 (1) REPORT REQUIRED.—Not later than Janu9 ary 31 of each year through January 31, 2021, the 

10 Secretary of each military department, in consulta11 tion with the Chief of Staff of each Armed Force 

12 under the jurisdiction of such Secretary, shall submit 

13 to the Committees on Armed Services of the Senate 

14 and the House of Representatives a report containing 

15 a description of efforts during the previous year— 

16 (A) to prevent and to respond to incidents 

17 of hazing involving members of the Armed 

18 Forces; 

19 (B) to track and encourage reporting, in20 cluding reporting anonymously, incidents of haz21 ing in the Armed Force; and 

22 (C) to ensure the consistent implementation 

23 of anti-hazing policies. 

24 (2) ADDITIONAL ELEMENTS.—Each report re25 quired by this subsection also shall address the same 


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1 elements originally addressed in the anti-hazing re2 ports required by section 534 of the National Defense 

3 Authorization Act for Fiscal Year 2013 (Public Law 

4 112–239; 126 Stat. 1726). 

5 SEC. 545. BURDENS OF PROOF APPLICABLE TO INVESTIGA6 TIONS AND REVIEWS RELATED TO PRO7 TECTED COMMUNICATIONS OF MEMBERS OF 

8 THE ARMED FORCES AND PROHIBITED RE9 TALIATORY ACTIONS. 

10 (a) BURDENS OF PROOF.—Section 1034 of title 10, 

11 United States Code, is amended— 

12 (1) by redesignating subsections (i) and (j) as 

13 subsections (j) and (k), respectively; and 

14 (2) by inserting after subsection (h) the following 

15 new subsection (i): 

16 ‘‘(i) BURDENS OF PROOF.—The burdens of proof speci17 fied in section 1221(e) of title 5 shall apply in any inves18 tigation conducted by an Inspector General under sub19 section (c) or (d), any review performed by a board for the 

20 correction of military records under subsection (g), and any 

21 review conducted by the Secretary of Defense under sub22 section (h).’’. 

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect on the date that is 30 days after 

25 the date of the enactment of this Act, and shall apply with 


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1 respect to allegations pending or submitted under section 

2 1034 of title 10, United States Code, on or after that date. 

3 SEC. 546. IMPROVED INVESTIGATION OF ALLEGATIONS OF 

4 PROFESSIONAL RETALIATION. 

5 Section 1034(c)(4) of title 10, United States Code, is 

6 amended by adding at the end the following new subpara7 graph: 

8 ‘‘(F) The Secretary concerned shall ensure that any in9 dividual investigating an allegation as described in para10 graph (1) must have training in the definition and charac11 teristics of retaliation. In addition, if the investigation in12 volves alleged retaliation in response to a communication 

13 regarding a violation of a law or regulation prohibiting 

14 rape, sexual assault, or other sexual misconduct in violation 

15 of sections 920 through 920c of this title (articles 120 

16 through 120c of the Uniform Code of Military Justice), the 

17 training shall include specific instruction regarding such 

18 violations.’’. 

19 Subtitle E—Member Education, 

20 Training, and Transition 

21 SEC. 561. REVISION TO QUALITY ASSURANCE OF CERTIFI22 CATION PROGRAMS AND STANDARDS. 

23 Section 2015(c) of title 10, United States Code, is 

24 amended— 


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1 (1) in paragraph (1), by striking ‘‘is accredited 

2 by an accreditation body that’’ and all that follows 

3 and inserting ‘‘meets one of the requirements specified 

4 in paragraph (2).’’; and 

5 (2) by striking paragraph (2) and inserting the 

6 following new paragraph: 

7 ‘‘(2) The requirements for a credentialing pro8 gram specified in this paragraph are that the 

9 credentialing program— 

10 ‘‘(A) is accredited by a nationally-recog11 nized third-party personnel certification pro12 gram accreditor; 

13 ‘‘(B)(i) is sought or accepted by employers 

14 within the industry or sector involved as a recog15 nized, preferred, or required credential for re16 cruitment, screening, hiring, retention, or ad17 vancement purposes; and 

18 ‘‘(ii) where appropriate, is endorsed by a 

19 nationally-recognized trade association or orga20 nization representing a significant part of the 

21 industry or sector; 

22 ‘‘(C) grants licenses that are recognized by 

23 the Federal Government or a State government; 

24 or 


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1 ‘‘(D) meets credential standards of a Fed2 eral agency.’’. 

3 SEC. 562. ESTABLISHMENT OF ROTC CYBER INSTITUTES AT 

4 SENIOR MILITARY COLLEGES. 

5 (a) IN GENERAL.—Chapter 103 of title 10, United 

6 States Code, is amended by adding at the end the following 

7 new section: 

8 ‘‘§ 2111c. Senior military colleges: ROTC cyber insti9 tutes 

10 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of De11 fense may establish cyber institutes at each of the senior 

12 military colleges for the purpose of accelerating the develop13 ment of foundational expertise in critical cyber operational 

14 skills for future military and civilian leaders of the armed 

15 forces and the Department of Defense, including such lead16 ers of the reserve components. 

17 ‘‘(b) ELEMENTS.—Each cyber institute established 

18 under this section shall include each of the following: 

19 ‘‘(1) Training for members of the program who 

20 possess cyber operational expertise from beginning 

21 through advanced skill levels, including instruction 

22 and practical experiences that lead to cyber certifi23 cations recognized in the field. 

24 ‘‘(2) Training in targeted strategic foreign lan25 guage proficiency designed to significantly enhance 


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1 critical cyber operational capabilities and tailored to 

2 current and anticipated readiness requirements. 

3 ‘‘(3) Training related to mathematical founda4 tions of cryptography and cryptographic theory and 

5 practice designed to complement and reinforce cyber 

6 education along with the strategic language programs 

7 critical to cyber operations. 

8 ‘‘(4) Training designed to expand the pool of 

9 qualified cyber instructors necessary to support cyber 

10 education in regional school systems. 

11 ‘‘(c) PARTNERSHIPS WITH DEPARTMENT OF DEFENSE

12 AND THE ARMED FORCES.—Any cyber institute established 

13 under this section may enter into a partnership with any 

14 active or reserve component of the armed forces or any agen15 cy of the Department of Defense to facilitate the develop16 ment of critical cyber skills. 

17 ‘‘(d) PARTNERSHIPS WITH OTHER SCHOOLS.—Any 

18 cyber institute established under this section may enter into 

19 a partnership with one or more local educational agencies 

20 to facilitate the development of critical cyber skills under 

21 the program among students attending the elementary and 

22 secondary schools of such agencies who may pursue a mili23 tary career. 


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1 ‘‘(e) SENIOR MILITARY COLLEGES.—The senior mili2 tary colleges are the senior military colleges in section 

3 2111a(f) of this title.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by adding at the 

6 end the following new item: 

‘‘2111c. Senior military colleges: ROTC cyber institutes.’’. 

7 SEC. 563. MILITARY-TO-MARINER TRANSITION. 

8 (a) REPORT.— Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of Defense and 

10 the Secretary of the department in which the Coast Guard 

11 is operating shall jointly report to the Committee on Armed 

12 Services and the Committee on Transportation and Infra13 structure of the House of Representatives and the Committee 

14 on Armed Services and the Committee on Commerce, 

15 Science, and Transportation of the Senate on steps the De16 partments of Defense and Homeland Security have taken 

17 or intend to take to— 

18 (1) maximize the extent to which United States 

19 armed forces service, training, and qualifications are 

20 creditable toward meeting the laws and regulations 

21 governing United States merchant mariner license, 

22 certification, and document laws and the Inter23 national Convention on Standards of Training, Cer24 tification and Watchkeeping for Seafarers, 1978, inVerDate Sep 11 2014 19:11 May 04, 2016 Jkt 059200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 cluding steps to enhance interdepartmental coordina2 tion; and 

3 (2) to promote better awareness among armed 

4 forces personnel who serve in vessel operating posi5 tions of the requirements for post-service use of armed 

6 forces training, education, and practical experience in 

7 satisfaction of requirements for merchant mariner 

8 credentials under section 11.213 of title 46, Code of 

9 Federal Regulation, and the need to document such 

10 service in a manner suitable for post-service use. 

11 (b) LIST OF TRAINING PROGRAMS.—The report under 

12 subsection (a) shall include a list of Army, Navy, and Coast 

13 Guard training programs open to Army, Navy, and Coast 

14 Guard vessel operators, respectively, that shows— 

15 (1) which programs have been approved for cred16 it toward merchant mariner credentials; 

17 (2) which programs are under review for such 

18 approval; 

19 (3) which programs are not relevant to the train20 ing needed for merchant mariner credentials; and 

21 (4) which programs could become eligible for 

22 credit toward merchant mariner credentials with 

23 minor changes. 


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1 SEC. 564. EMPLOYMENT AUTHORITY FOR CIVILIAN FAC2 ULTY AT CERTAIN MILITARY DEPARTMENT 

3 SCHOOLS. 

4 (a) ADDITION OF ARMY UNIVERSITY AND ADDITIONAL

5 FACULTY.— 

6 (1) IN GENERAL.—Section 4021 of title 10, 

7 United States Code, is amended— 

8 (A) by striking subsection (a) and inserting 

9 the following new subsection: 

10 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of 

11 the Army may employ as many civilians as professors, in12 structors, lecturers, researchers, and administrative faculty 

13 at the Army War College, the United States Army Com14 mand and General Staff College, and the Army University 

15 as the Secretary considers necessary.’’; and 

16 (B) by striking subsection (c). 

17 (2) CLERICAL AMENDMENT.—The heading of 

18 such section is amended to read as follows: 

19 ‘‘§ 4021. Army War College, United States Army Com20 mand and General Staff College, and 

21 Army University: civilian faculty mem22 bers’’. 

23 (b) NAVAL WAR COLLEGE AND MARINE CORPS UNI24 VERSITY.—Section 7478 of title 10, United States Code, is 

25 amended— 


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1 (1) by striking subsection (a) and inserting the 

2 following new subsection: 

3 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of 

4 the Navy may employ as many civilians as professors, in5 structors, lecturers, researchers, and administrative faculty 

6 at a school of the Naval War College or of the Marine Corps 

7 University as the Secretary considers necessary.’’; and 

8 (2) by striking subsection (c). 

9 (c) AIR UNIVERSITY.—Section 9021 of title 10, United 

10 States Code, is amended— 

11 (1) by striking subsection (a) and inserting the 

12 following new subsection: 

13 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of 

14 the Air Force may employ as many civilians as professors, 

15 instructors, lecturers, researchers, and administrative fac16 ulty at a school of the Air University as the Secretary con17 siders necessary.’’; and 

18 (2) by striking subsection (c). 

19 SEC. 565. REVISION OF NAME ON MILITARY SERVICE 

20 RECORD TO REFLECT CHANGE IN NAME OF A 

21 MEMBER OF THE ARMY, NAVY, AIR FORCE, OR 

22 MARINE CORPS, AFTER SEPARATION FROM 

23 THE ARMED FORCES. 

24 (a) REVISION REQUIRED.—Section 1551 of title 10, 

25 United States Code, is amended— 


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1 (1) by inserting ‘‘(a) SERVICE UNDER ASSUMED

2 NAME.—’’ before ‘‘The Secretary’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) EFFECT OF CHANGE IN NAME.—The Secretary of 

6 the military department concerned shall reissue a certificate 

7 of discharge or an order of acceptance of resignation in the 

8 new name of any person who, after separation from an 

9 armed force under the jurisdiction of that Secretary, legally 

10 changes the person’s name to reflect the person’s gender 

11 identity.’’. 

12 (b) CLERICAL AMENDMENTS.— 

13 (1) SECTION HEADING.—The heading of section 

14 1551 of title 10, United States Code, is amended to 

15 read as follows: 

16 ‘‘§ 1551. Correction of name after separation from 

17 service’’. 

18 (2) TABLE OF SECTIONS.—The table of sections 

19 at the beginning of chapter 79 of title 10, United 

20 States Code, is amended by striking the item relating 

21 to section 1551 and inserting the following new item: 

‘‘1551. Correction of name after separation from service.’’. 


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1 SEC. 566. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEM2 BERS OF THE NATIONAL GUARD AND RE3 SERVE. 

4 (a) PROGRAM AUTHORITY.—The Secretary of Defense 

5 may carry out a pilot program to enhance the efforts of 

6 the Department of Defense to provide job placement assist7 ance and related employment services directly to members 

8 in the National Guard and Reserves. 

9 (b) ADMINISTRATION.—The pilot program shall be of10 fered to, and administered by, the adjutants general ap11 pointed under section 314 of title 32, United States Code. 

12 (c) COST-SHARING REQUIREMENT.—As a condition on 

13 the provision of funds under this section to a State to sup14 port the operation of the pilot program in the State, the 

15 State must agree to contribute an amount, derived from 

16 non-Federal sources, equal to at least 30 percent of the funds 

17 provided by the Secretary of Defense under this section. 

18 (d) DIRECT EMPLOYMENT PROGRAM MODEL.—The 

19 pilot program should follow a job placement program model 

20 that focuses on working one-on-one with a member of a re21 serve component to cost-effectively provide job placement 

22 services, including services such as identifying unemployed 

23 and under employed members, job matching services, re24 sume editing, interview preparation, and post-employment 

25 follow up. Development of the pilot program should be in26 formed by State direct employment programs for members 


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1 of the reserve components, such as the programs conducted 

2 in California and South Carolina. 

3 (e) EVALUATION.—The Secretary of Defense shall de4 velop outcome measurements to evaluate the success of the 

5 pilot program. 

6 (f) REPORTING REQUIREMENTS.— 

7 (1) REPORT REQUIRED.—Not later than Janu8 ary 31, 2021, the Secretary of Defense shall submit to 

9 the Committees on Armed Services of the Senate and 

10 the House of Representatives a report describing the 

11 results of the pilot program. The Secretary shall pre12 pare the report in coordination with the Chief of the 

13 National Guard Bureau. 

14 (2) ELEMENTS OF REPORT.—A report under 

15 paragraph (1) shall include the following: 

16 (A) A description and assessment of the ef17 fectiveness and achievements of the pilot pro18 gram, including the number of members of the 

19 reserve components hired and the cost-per-place20 ment of participating members. 

21 (B) An assessment of the impact of the pilot 

22 program and increased reserve component em23 ployment levels on the readiness of members of 

24 the reserve components. 


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1 (C) Any other matters considered appro2 priate by the Secretary. 

3 (g) DURATION OF AUTHORITY.— 

4 (1) IN GENERAL.—The authority to carry out the 

5 pilot program expires September 30, 2019. 

6 (2) EXTENSION.—Upon the expiration of the au7 thority under paragraph (1), the Secretary of Defense 

8 may extend the pilot program for not more than two 

9 additional fiscal years. 

10 SEC. 567. PROHIBITION ON ESTABLISHMENT, MAINTE11 NANCE, OR SUPPORT OF SENIOR RESERVE 

12 OFFICERS’ TRAINING CORPS UNITS AT EDU13 CATIONAL INSTITUTIONS THAT DISPLAY 

14 CONFEDERATE BATTLE FLAG. 

15 (a) PROHIBITION.—Section 2102 of title 10, United 

16 States Code, is amended by adding at the end the following 

17 new subsection: 

18 ‘‘(e) PROHIBITION RELATED TO DISPLAY OF CONFED19 ERATE BATTLE FLAG.—(1) The Secretary of a military de20 partment may not establish, maintain, or support a unit 

21 of the program at any educational institution, including 

22 any senior military college specified in section 2111a of this 

23 title, that displays, in a location other than in a museum 

24 exhibit, the Confederate battle flag. 


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1 ‘‘(2)(A) Upon making a determination under para2 graph (1) that an educational institution displays, in a lo3 cation other than in a museum exhibit, the Confederate bat4 tle flag, the Secretary of the military department concerned 

5 shall terminate, in accordance with subparagraph (B), any 

6 unit of the program at that educational institution in exist7 ence as of the date of the determination. 

8 ‘‘(B) The termination of a unit of the program at an 

9 educational institution pursuant to this paragraph shall 

10 take effect on the date on which— 

11 ‘‘(i) each member of the program who, as of the 

12 date of the determination, is enrolled in the edu13 cational institution is no longer so enrolled; and 

14 ‘‘(ii) each student who, as of the date of the de15 termination, is enrolled in the educational institution 

16 but not yet a member of the program, is no longer so 

17 enrolled. 

18 ‘‘(3) Not later than January 31, 2017, and each Janu19 ary 31 thereafter through January 31, 2021, the Secretary 

20 of Defense shall submit to the congressional defense commit21 tees a report— 

22 ‘‘(A) identifying each unit of the program lo23 cated at an educational institution that displays, in 

24 a location other than in a museum exhibit, the Con25 federate battle flag; and 


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1 ‘‘(B) describing the implementation of this sub2 section with respect to that educational institution. 

3 ‘‘(4) In this subsection, the term ‘Confederate battle 

4 flag’ means the battle flag of the Army of Northern Virginia, 

5 the battle flag of the Army of Tennessee, the battle flag of 

6 Forrest’s Cavalry Corps, the Second Confederate Navy Jack, 

7 the Second Confederate Navy Ensign, or other flag with a 

8 like design.’’. 

9 (b) CONFORMING AMENDMENTS.—(1) Section 2102(d) 

10 of title 10, United States Code, is amended by striking ‘‘The 

11 President’’ and inserting ‘‘Subject to subsection (e), the 

12 President’’. 

13 (2) Section 2111a of title 10, United States Code, is 

14 amended— 

15 (A) in subsection (d), by striking ‘‘The Sec16 retary’’ and inserting ‘‘Except as provided in section 

17 2102(e) of this title, the Secretary’’; and 

18 (B) in subsection (e)(1), by striking ‘‘The Sec19 retary’’ and inserting ‘‘Except in the case of a senior 

20 miliary college at which a unit of the program is ter21 minated pursuant to section 2102(e) of this title, the 

22 Secretary’’. 

23 (c) EXCEPTION.—Section 2102 of title 10, United 

24 States Code, is further amended by adding at the end the 

25 following: 


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1 ‘‘(f) EXCEPTION.—The prohibition under subsection 

2 (e) shall not apply to an educational institution if the board 

3 of visitors of such institution has voted to take down the 

4 flag described in such subsection.’’. 

5 Subtitle F—Defense Dependents’ 

6 Education and Military Family 

7 Readiness Matters 

8 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

9 EDUCATIONAL AGENCIES THAT BENEFIT DE10 PENDENTS OF MEMBERS OF THE ARMED 

11 FORCES AND DEPARTMENT OF DEFENSE CI12 VILIAN EMPLOYEES. 

13 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

14 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

15 amount authorized to be appropriated for fiscal year 2017 

16 by section 301 and available for operation and maintenance 

17 for Defense-wide activities as specified in the funding table 

18 in division D, $30,000,000 shall be available only for the 

19 purpose of providing assistance to local educational agen20 cies under subsection (a) of section 572 of the National De21 fense Authorization Act for Fiscal Year 2006 (Public Law 

22 109–163; 20 U.S.C. 7703b). 

23 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

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1 ing given that term in section 8013(9) of the Elementary 

2 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

3 SEC. 572. SUPPORT FOR PROGRAMS PROVIDING CAMP EX4 PERIENCE FOR CHILDREN OF MILITARY FAMI5 LIES. 

6 (a) IN GENERAL.—The Secretary of Defense may pro7 vide financial or non-monetary support to qualified non8 profit organizations in order to assist such organizations 

9 in carrying out programs to support the attendance at a 

10 camp or camp-like setting of children of military families 

11 who have experienced the death of a family member or other 

12 loved one or who have another family member living with 

13 a substance use disorder or post-traumatic stress disorder. 

14 (b) APPLICATION FOR SUPPORT.— 

15 (1) IN GENERAL.—Each organization seeking 

16 support pursuant to subsection (a) shall submit to the 

17 Secretary an application therefor containing such in18 formation as the Secretary shall specify for purposes 

19 of this section. 

20 (2) CONTENTS.—Each application submitted 

21 under paragraph (1) shall include the following: 

22 (A) A description of the program for which 

23 support is being sought, including the location of 

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1 ners participating in or contributing to the pro2 gram, and the ratio of counselors, trained volun3 teers, or both to children at such setting or set4 tings. 

5 (B) An estimate of the number of children 

6 of military families to be supported using the 

7 support sought. 

8 (C) A description of the type of activities 

9 that will be conducted using the support sought, 

10 including the manner in which activities are 

11 particularly supportive to children of military 

12 families described in subsection (a). 

13 (D) A description of the outreach conducted 

14 or to be conducted by the organization to mili15 tary families regarding the program. 

16 (c) PREFERENCE IN APPROVAL OF APPLICATIONS.— 

17 The Secretary shall accord a preference in the approval of 

18 applications submitted pursuant to subsection (b) to appli19 cations submitted by organizations that— 

20 (1) provide a traditional camp or camp-like en21 vironment setting that is hosted by an accredited 

22 service provider or facility; 

23 (2) offer activities in that setting that— 

24 (A) includes a continued care model; 


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1 (B) is tailored to the needs of children and 

2 uses recognized best practices; 

3 (C) exhibits an adequate understanding and 

4 recognition of appropriate military culture and 

5 traditions; and 

6 (D) places a focus on peer-to-peer support 

7 and activities; 

8 (3) offers post-camp and continuing bereavement 

9 or addiction-prevention support, as applicable; 

10 (4) offer support services for children and fami11 lies; and 

12 (5) provides for evaluations of the camp experi13 ence by children and their families after camp. 

14 (d) USE OF SUPPORT.—Support provided by the Sec15 retary to an organization pursuant to subsection (a) shall 

16 be used by the organization to support attendance at a 

17 camp or camp-like setting of children of military families 

18 described in subsection (a). 


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1 Subtitle G—Decorations and 

2 Awards 

3 SEC. 581. REVIEW REGARDING AWARD OF MEDAL OF 

4 HONOR TO CERTAIN ASIAN AMERICAN AND 

5 NATIVE AMERICAN PACIFIC ISLANDER WAR 

6 VETERANS. 

7 (a) REVIEW REQUIRED.—The Secretary of each mili8 tary department shall review the service records of each 

9 Asian American and Native American Pacific Islander war 

10 veteran described in subsection (b) to determine whether 

11 that veteran should be awarded the Medal of Honor. 

12 (b) COVERED VETERANS.— The Asian American and 

13 Native American Pacific Islander war veterans whose serv14 ice records are to be reviewed under subsection (a) are the 

15 following: 

16 (1) Any Asian American or Native American 

17 Pacific Islander war veteran who was awarded the 

18 Distinguished-Service Cross, the Navy Cross, or the 

19 Air Force Cross during the Korean War or the Viet20 nam War. 

21 (2) Any other Asian American or Native Amer22 ican Pacific Islander war veteran whose name is sub23 mitted to the Secretary concerned for such purpose be24 fore the end of the one-year period beginning on the 

25 date of the enactment of this Act. 


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1 (c) CONSULTATIONS.—In carrying out the review 

2 under subsection (a), the Secretary of each military depart3 ment shall consult with such veterans service organizations 

4 as the Secretary considers appropriate. 

5 (d) RECOMMENDATIONS BASED ON REVIEW.—If the 

6 Secretary concerned determines, based upon the review 

7 under subsection (a) of the service records of any Asian 

8 American or Native American Pacific Islander war veteran, 

9 that the award of the Medal of Honor to that veteran is 

10 warranted, the Secretary shall submit to the President a 

11 recommendation that the President award the Medal of 

12 Honor to that veteran. 

13 (e) AUTHORITY TO AWARD MEDAL OF HONOR.—A 

14 Medal of Honor may be awarded to an Asian American 

15 or Native American Pacific Islander war veteran in accord16 ance with a recommendation of the Secretary concerned 

17 under subsection (d). 

18 (f) CONGRESSIONAL NOTIFICATION.—No Medal of 

19 Honor may be awarded pursuant to subsection (e) until the 

20 Secretary of Defense submits to the Committee on Armed 

21 Services of the Senate and House of Representatives notice 

22 of the recommendations under subsection (d), including the 

23 name of each Asian American or Native American Pacific 

24 Islander war veteran recommended to be awarded a Medal 

25 of Honor and the rationale for such recommendation. 


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1 (g) WAIVER OF TIME LIMITATIONS.—An award of the 

2 Medal of Honor may be made under subsection (e) without 

3 regard to— 

4 (1) section 3744, 6248, or 8744 of title 10, 

5 United States Code, as applicable; and 

6 (2) any regulation or other administrative re7 striction on— 

8 (A) the time for awarding the Medal of 

9 Honor; or 

10 (B) the awarding of the Medal of Honor for 

11 service for which a Distinguished-Service Cross, 

12 Navy Cross, or Air Force Cross has been award13 ed. 

14 (h) DEFINITION.—In this section the term ‘‘Native 

15 American Pacific Islander’’ means a Native Hawaiian or 

16 Native American Pacific Islander, as those terms are de17 fined in section 815 of the Native American Programs Act 

18 of 1974 (42 U.S.C. 2992c). 

19 SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR 

20 ACTS OF VALOR. 

21 (a) AUTHORIZATION.—Notwithstanding the time limi22 tations specified in sections 3744, 6248, 8744 of title 10, 

23 United States Code, or any other time limitation with re24 spect to the awarding of certain medals to persons who 

25 served in the United States Armed Forces, the President 


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1 may award a medal referred to in subsection (c) to a mem2 ber or former member of the United States Armed Forces 

3 identified as warranting award of that medal pursuant to 

4 the review of valor award nominations for Operation En5 during Freedom, Operation Iraqi Freedom, Operation New 

6 Dawn, Operation Freedom’s Sentinel, and Operation In7 herent Resolve that was directed by the Secretary of Defense 

8 on January 7, 2016. 

9 (b) AWARD OF MEDAL OF HONOR.—If, pursuant to the 

10 review referred to in subsection (a), the President decides 

11 to award to a member or former member of the Armed 

12 Forces the Medal of Honor, the medal may only be awarded 

13 after the Secretary of Defense submits to the Committee on 

14 Armed Services of the Senate and the Committee on Armed 

15 Services of the House of Representatives a letter identifying 

16 the intended recipient of the Medal of Honor and the ration17 ale for awarding the medal of honor to such intended recipi18 ent. 

19 (c) MEDALS.—The medals referred to in this subsection 

20 are any of the following: 

21 (1) The Medal of Honor under section 3741, 

22 6241, or 8741 of title 10, United States Code; 

23 (2) The Distinguished-Service Cross under sec24 tion 3742 of title 10, United States Code. 


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1 (3) The Navy Cross under section 6242 of title 

2 10, United States Code. 

3 (4) The Air Force Cross under section 8742 of 

4 title 10, United States Code. 

5 (5) The Silver Star under section 3746, 6244, or 

6 8746 of title 10, United States Code. 

7 (d) TERMINATION.—No medal may be awarded under 

8 this section after December 31, 2019. 

9 SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF 

10 HONOR TO GARY M. ROSE FOR ACTS OF 

11 VALOR DURING THE VIETNAM WAR. 

12 (a) AUTHORIZATION.—Notwithstanding the time limi13 tations specified in section 3744 of title 10, United States 

14 Code, or any other time limitation with respect to the 

15 awarding of certain medals to persons who served in the 

16 Armed Forces, the President is authorized to award the 

17 Medal of Honor under section 3741 of such title to Gary 

18 M. Rose for the acts of valor described in subsection (b). 

19 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

20 referred to in subsection (a) are the actions of Gary M. Rose 

21 in Laos from September 11 through 14, 1970, during the 

22 Vietnam War while a member of the United States Army, 

23 Military Assistance Command Vietnam-Studies and Obser24 vation Group (MACVSOG). 


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1 SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF 

2 HONOR TO CHARLES S. KETTLES FOR ACTS 

3 OF VALOR DURING THE VIETNAM WAR. 

4 (a) WAIVER OF TIME LIMITATIONS.—Notwithstanding 

5 the time limitations specified in section 3744 of title 10, 

6 United States Code, or any other time limitation with re7 spect to the awarding of certain medals to persons who 

8 served in the Armed Forces, the President may award the 

9 Medal of Honor under section 3741 of such title to Charles 

10 S. Kettles for the acts of valor during the Vietnam War 

11 described in subsection (b). 

12 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

13 referred to in subsection (a) are the actions of Charles S. 

14 Kettles during combat operations on May 15, 1967, while 

15 serving as Flight Commander, 176th Aviation Company, 

16 14th Aviation Battalion, Task Force Oregon, Republic of 

17 Vietnam, for which he was previously awarded the Distin18 guished-Service Cross. 


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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 following 

9 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 (2) 

13 are eligible for inurnment in Arlington National Cemetery 

14 with military honors in accordance with section 1491 of 

15 title 10. 

16 ‘‘(2) A person described in this paragraph is a person 

17 whose service has been determined to be active duty service 

18 pursuant to section 401 of the GI Bill Improvement Act 

19 of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the 

20 date of the enactment of this paragraph.’’. 

21 (b) APPLICABILITY.— 

22 (1) IN GENERAL.—The amendment made by sub23 section (a) shall apply with respect to— 


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1 (A) the remains of a person that are not 

2 formally interred or inurned as of the date of the 

3 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 the 

13 enactment of this Act, the Secretary of the Army shall sub14 mit to the Committees on Veterans’ Affairs and the Commit15 tees on Armed Services of the House of Representatives and 

16 the Senate a report on the interment and inurnment capac17 ity of Arlington National Cemetery, including— 

18 (1) the estimated date that the Secretary deter19 mines the cemetery will reach maximum interment 

20 and inurnment capacity; and 

21 (2) in light of the unique and iconic meaning of 

22 the cemetery to the United States, recommendations 

23 for legislative actions and nonlegislative options that 

24 the Secretary determines necessary to ensure that the 

25 maximum interment and inurnment capacity of the 


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1 cemetery is not reached until well into the future, in2 cluding such actions and options with respect to— 

3 (A) redefining eligibility criteria for inter4 ment and inurnment in the cemetery; and 

5 (B) considerations for additional expansion 

6 opportunities beyond the current boundaries of 

7 the cemetery. 

8 SEC. 592. REPRESENTATION FROM MEMBERS OF THE 

9 ARMED FORCES ON BOARDS, COUNCILS, AND 

10 COMMITTEES MAKING RECOMMENDATIONS 

11 RELATING TO MILITARY PERSONNEL ISSUES. 

12 (a) IN GENERAL.—Chapter 7 of title 10, United States 

13 Code, is amended by adding at the end the following new 

14 section: 

15 ‘‘§ 190. Representation on boards, councils, and com16 mittees making recommendations relating 

17 to military personnel issues 

18 ‘‘(a) REPRESENTATION REQUIRED.—Notwithstanding 

19 any other provision of law, any board, council, or com20 mittee established under this chapter that is responsible for 

21 making any recommendation relating to any military per22 sonnel issue affecting enlisted members of the armed forces 

23 shall include representation on the board, council, or com24 mittee from enlisted members of the armed forces or retired 

25 enlisted members of the armed forces. 


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1 ‘‘(b) MILITARY PERSONNEL ISSUES.—For purposes of 

2 this section, military personnel issues include issues relat3 ing to health care, retirement benefits, pay, direct and indi4 rect compensation, and entitlements for members of the 

5 armed forces.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections at 

7 the beginning of such chapter is amended by adding at the 

8 end the following new item: 

‘‘190. Representation on boards, councils, and committees making recommendations relating to military personnel issues.’’. 

9 SEC. 593. BODY MASS INDEX TEST. 

10 (a) REVIEW.—The Secretary of Defense shall review— 

11 (1) the current body mass index test procedure 

12 used by the Armed Forces; and 

13 (2) other methods to measure body fat with a 

14 more holistic health and wellness approach. 

15 (b) ELEMENTS.—The review under subsection (a) 

16 shall— 

17 (1) address nutrition counseling; 

18 (2) determine the best methods to be used by the 

19 Armed Forces to assess body fat percentages; and 

20 (3) improve the accuracy of body fat measure21 ments. 


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1 SEC. 594. PRESEPARATION COUNSELING REGARDING OP2 TIONS FOR DONATING BRAIN TISSUE AT TIME 

3 OF DEATH FOR RESEARCH. 

4 Section 1142(b)(11) of title 10, United States Code, is 

5 amended by inserting before the period at the end the fol6 lowing: ‘‘, and information concerning options available to 

7 the member for registering at or following separation to do8 nate brain tissue at time of the member’s death for research 

9 regarding traumatic brain injury and chronic traumatic 

10 encephalopathy’’. 

11 SEC. 595. RECOGNITION OF THE EXPANDED SERVICE OP12 PORTUNITIES AVAILABLE TO FEMALE MEM13 BERS OF THE ARMED FORCES AND THE LONG 

14 SERVICE OF WOMEN IN THE ARMED FORCES. 

15 Congress— 

16 (1) honors women who have served, and who are 

17 currently serving, as members of the Armed Forces; 

18 (2) commends female members of the Armed 

19 Forces who have sacrificed their lives in defense of the 

20 United States; 

21 (3) recognizes that female members of the Armed 

22 Forces are an integral and invaluable part of the 

23 Armed Forces; 

24 (4) urges the Secretary of Defense to ensure that 

25 female members of the Armed Forces receive adequate, 


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1 well-fitted equipment in order to ensure optimal safe2 ty and protection; 

3 (5) urges the Secretary of Defense to ensure that 

4 female members of the Armed Forces have access to 

5 adequate health services that fully address their spe6 cific medical needs; 

7 (6) encourages the Secretary of Defense to de8 velop new initiatives focused on recruiting and re9 taining more women in the officer corps; and 

10 (7) recognizes that the United States must con11 tinue to encourage and support female members of the 

12 Armed Forces as they fight for and defend the United 

13 States. 

14 SEC. 596. SENSE OF CONGRESS REGARDING PLIGHT OF 

15 MALE VICTIMS OF MILITARY SEXUAL TRAU16 MA. 

17 (a) FINDING.—Congress finds that the plight of male 

18 victims of military sexual trauma remains in the shadows 

19 due a lack of social awareness on the issue of male victim20 ization. 

21 (b) SENSE OF CONGRESS.—It is the sense of Congress 

22 that the Secretary of Defense should— 

23 (1) enhance victims’ access to intensive medical 

24 and mental health treatment for military sexual trau25 ma treatment; 


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1 (2) look for opportunities to utilize male sur2 vivors of sexual assault as presenters during annual 

3 Sexual Assault Preventions and Response training; 

4 and 

5 (3) ensure Department of Defense medical and 

6 mental health providers are adequately trained to 

7 meet the needs of male survivors of military sexual 

8 trauma. 

9 SEC. 597. SENSE OF CONGRESS REGARDING SECTION 504 

10 OF TITLE 10, UNITED STATES CODE, ON EX11 ISTING AUTHORITY OF THE DEPARTMENT OF 

12 DEFENSE TO ENLIST INDIVIDUALS, NOT OTH13 ERWISE ELIGIBLE FOR ENLISTMENT, WHOSE 

14 ENLISTMENT IS VITAL TO THE NATIONAL IN15 TEREST. 

16 It is the sense of Congress that a statute currently ex17 ists, specifically paragraph (2) of section 504(b) of title 10, 

18 United States Code, which states that ‘‘the Secretary con19 cerned may authorize the enlistment of a person not de20 scribed in paragraph (1) [of that section] if the Secretary 

21 determines that such enlistment is vital to the national in22 terest’’. 


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1 SEC. 598. PROTECTION OF SECOND AMENDMENT RIGHTS 

2 OF MILITARY FAMILIES. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Protect Our Military Families’ 2nd Amendment Rights 

5 Act’’. 

6 (b) RESIDENCY OF SPOUSES OF MEMBERS OF THE

7 ARMED FORCES TO BE DETERMINED ON THE SAME BASIS

8 AS THE RESIDENCY OF SUCH MEMBERS FOR PURPOSES OF

9 FEDERAL FIREARMS LAWS.—Section 921(b) of title 18, 

10 United States Code, is amended to read as follows: 

11 ‘‘(b) For purposes of this chapter: 

12 ‘‘(1) A member of the Armed Forces on active 

13 duty and the spouse of such a member are residents 

14 of the State in which the permanent duty station of 

15 the member is located. 

16 ‘‘(2) The spouse of such a member may satisfy 

17 the identification document requirements of this chap18 ter by presenting— 

19 ‘‘(A) the military identification card issued 

20 to the spouse; and 

21 ‘‘(B) the official Permanent Change of Sta22 tion Orders annotating the spouse as being au23 thorized for collocation, or an official letter from 

24 the commanding officer of the member verifying 

25 that the member and the spouse are collocated at 

26 the permanent duty station of the member.’’. 


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1 (c) EFFECTIVE DATE.—The amendment made by sub2 section (b) shall apply to conduct engaged in after the 6- 

3 month period that begins with the date of the enactment 

4 of this Act. 

5 SEC. 599. PILOT PROGRAM ON ADVANCED TECHNOLOGY 

6 FOR ALCOHOL ABUSE PREVENTION. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary of Defense, 

9 in consultation with the Secretaries of the military depart10 ments, shall establish a pilot program to demonstrate the 

11 feasibility of using portable, disposable alcohol 

12 breathalyzers and a cloud based server platform to collect 

13 data and monitor the progress of alcohol abuse prevention 

14 programs through the use of digital applications. 

15 (b) ELEMENTS.—In carrying out the pilot program 

16 under subsection (a), the Secretary shall— 

17 (1) select at least three locations at which to 

18 carry out the program, including at least one mili19 tary service initial training location; 

20 (2) at each location selected under paragraph 

21 (1), include at least one active duty unit with no less 

22 than 300 personnel and one reserve unit with no less 

23 than 300 personnel; and 

24 (3) offer participation in the pilot program on 

25 a voluntary basis. 


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1 (c) DURATION.—The pilot program under subsection 

2 (a) shall be operational for a minimum of 6 months and 

3 shall terminate not later than September 30, 2018. 

4 (d) REPORTS REQUIRED.—The Secretary of Defense 

5 shall submit to the Committees on Armed Services of the 

6 Senate and the House of Representatives— 

7 (1) not later than 120 days after the date of the 

8 implementation of the pilot program under subsection 

9 (a), a report on the implementation of the program; 

10 and 

11 (2) not later than one year after the date of the 

12 implementation of the program, a report on the pro13 gram, including findings and recommendations of the 

14 Secretary with respect to the benefits of using ad15 vanced technology as part of alcohol abuse prevention 

16 efforts within the military services. 

17 (e) FUNDING.—The Secretary of Defense may carry 

18 out the pilot program under subsection (a) using amounts 

19 authorized to be appropriated for Alcohol Abuse Prevention 

20 Programs as specified in the funding tables in division D. 


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1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

3 Subtitle A—Pay and Allowances 

4 SEC. 601. ANNUAL ADJUSTMENT OF MONTHLY BASIC PAY. 

5 The adjustment in the rates of monthly basic pay re6 quired by subsection (a) of section 1009 of title 37, United 

7 States Code, to be made on January 1, 2017, shall take 

8 effect, notwithstanding any determination made by the 

9 President under subsection (e) of such section with respect 

10 to an alternative pay adjustment to be made on such date. 

11 SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEM12 PORARY INCREASE IN RATES OF BASIC AL13 LOWANCE FOR HOUSING UNDER CERTAIN 

14 CIRCUMSTANCES. 

15 Section 403(b)(7)(E) of title 37, United States Code, 

16 is amended by striking ‘‘December 31, 2016’’ and inserting 

17 ‘‘December 31, 2017’’. 

18 SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUC19 TIONS BASED ON THE DURATION OF TEM20 PORARY DUTY ASSIGNMENT OR CIVILIAN 

21 TRAVEL . 

22 (a) MEMBERS.—Section 474(d)(3) of title 37, United 

23 States Code, is amended by adding at the end the following 

24 new sentence: ‘‘The Secretary of a military department 

25 shall not alter the amount of the per diem allowance, or 


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1 the maximum amount of reimbursement, for a locality 

2 based on the duration of the temporary duty assignment 

3 in the locality of a member of the armed forces under the 

4 jurisdiction of the Secretary.’’. 

5 (b) CIVILIAN EMPLOYEES.—Section 5702(a)(2) of title 

6 5, United States Code, is amended by adding at the end 

7 the following new sentence: ‘‘The Secretary of Defense shall 

8 not alter the amount of the per diem allowance, or the max9 imum amount of reimbursement, for a locality based on the 

10 duration of the travel in the locality of an employee of the 

11 Department.’’. 

12 (c) REPEAL OF POLICY AND REGULATIONS.—The pol13 icy, and any regulations issued pursuant to such policy, 

14 implemented by the Secretary of Defense on November 1, 

15 2014, with respect to reductions in per diem allowances 

16 based on duration of temporary duty assignment or civilian 

17 travel shall have no force or effect. 

18 Subtitle B—Bonuses and Special 

19 and Incentive Pays 

20 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

21 SPECIAL PAY AUTHORITIES FOR RESERVE 

22 FORCES. 

23 The following sections of title 37, United States Code, 

24 are amended by striking ‘‘December 31, 2016’’ and insert25 ing ‘‘December 31, 2017’’: 


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1 (1) Section 308b(g), relating to Selected Reserve 

2 reenlistment bonus. 

3 (2) Section 308c(i), relating to Selected Reserve 

4 affiliation or enlistment bonus. 

5 (3) Section 308d(c), relating to special pay for 

6 enlisted members assigned to certain high-priority 

7 units. 

8 (4) Section 308g(f)(2), relating to Ready Reserve 

9 enlistment bonus for persons without prior service. 

10 (5) Section 308h(e), relating to Ready Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 (6) Section 308i(f), relating to Selected Reserve 

14 enlistment and reenlistment bonus for persons with 

15 prior service. 

16 (7) Section 478a(e), relating to reimbursement of 

17 travel expenses for inactive-duty training outside of 

18 normal commuting distance. 

19 (8) Section 910(g), relating to income replace20 ment payments for reserve component members expe21 riencing extended and frequent mobilization for active 

22 duty service. 


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1 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

2 SPECIAL PAY AUTHORITIES FOR HEALTH 

3 CARE PROFESSIONALS. 

4 (a) TITLE 10 AUTHORITIES.—The following sections 

5 of title 10, United States Code, are amended by striking 

6 ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’: 

7 (1) Section 2130a(a)(1), relating to nurse officer 

8 candidate accession program. 

9 (2) Section 16302(d), relating to repayment of 

10 education loans for certain health professionals who 

11 serve in the Selected Reserve. 

12 (b) TITLE 37 AUTHORITIES.—The following sections of 

13 title 37, United States Code, are amended by striking ‘‘De14 cember 31, 2016’’ and inserting ‘‘December 31, 2017’’: 

15 (1) Section 302c-1(f), relating to accession and 

16 retention bonuses for psychologists. 

17 (2) Section 302d(a)(1), relating to accession 

18 bonus for registered nurses. 

19 (3) Section 302e(a)(1), relating to incentive spe20 cial pay for nurse anesthetists. 

21 (4) Section 302g(e), relating to special pay for 

22 Selected Reserve health professionals in critically 

23 short wartime specialties. 

24 (5) Section 302h(a)(1), relating to accession 

25 bonus for dental officers. 


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1 (6) Section 302j(a), relating to accession bonus 

2 for pharmacy officers. 

3 (7) Section 302k(f), relating to accession bonus 

4 for medical officers in critically short wartime spe5 cialties. 

6 (8) Section 302l(g), relating to accession bonus 

7 for dental specialist officers in critically short war8 time specialties. 

9 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

10 BONUS AUTHORITIES FOR NUCLEAR OFFI11 CERS. 

12 The following sections of title 37, United States Code, 

13 are amended by striking ‘‘December 31, 2016’’ and insert14 ing ‘‘December 31, 2017’’: 

15 (1) Section 312(f), relating to special pay for 

16 nuclear-qualified officers extending period of active 

17 service. 

18 (2) Section 312b(c), relating to nuclear career 

19 accession bonus. 

20 (3) Section 312c(d), relating to nuclear career 

21 annual incentive bonus. 


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1 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO TITLE 37 CONSOLIDATED SPECIAL 

3 PAY, INCENTIVE PAY, AND BONUS AUTHORI4 TIES. 

5 The following sections of title 37, United States Code, 

6 are amended by striking ‘‘December 31, 2016’’ and insert7 ing ‘‘December 31, 2017’’: 

8 (1) Section 331(h), relating to general bonus au9 thority for enlisted members. 

10 (2) Section 332(g), relating to general bonus au11 thority for officers. 

12 (3) Section 333(i), relating to special bonus and 

13 incentive pay authorities for nuclear officers. 

14 (4) Section 334(i), relating to special aviation 

15 incentive pay and bonus authorities for officers. 

16 (5) Section 335(k), relating to special bonus and 

17 incentive pay authorities for officers in health profes18 sions. 

19 (6) Section 336(g), relating to contracting bonus 

20 for cadets and midshipmen enrolled in the Senior Re21 serve Officers’ Training Corps. 

22 (7) Section 351(h), relating to hazardous duty 

23 pay. 

24 (8) Section 352(g), relating to assignment pay or 

25 special duty pay. 


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1 (9) Section 353(i), relating to skill incentive pay 

2 or proficiency bonus. 

3 (10) Section 355(h), relating to retention incen4 tives for members qualified in critical military skills 

5 or assigned to high priority units. 

6 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT7 ING TO PAYMENT OF OTHER TITLE 37 BO8 NUSES AND SPECIAL PAYS. 

9 The following sections of title 37, United States Code, 

10 are amended by striking ‘‘December 31, 2016’’ and insert11 ing ‘‘December 31, 2017’’: 

12 (1) Section 301b(a), relating to aviation officer 

13 retention bonus. 

14 (2) Section 307a(g), relating to assignment in15 centive pay. 

16 (3) Section 308(g), relating to reenlistment 

17 bonus for active members. 

18 (4) Section 309(e), relating to enlistment bonus. 

19 (5) Section 316a(g), relating to incentive pay for 

20 members of precommissioning programs pursuing for21 eign language proficiency. 

22 (6) Section 324(g), relating to accession bonus 

23 for new officers in critical skills. 


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1 (7) Section 326(g), relating to incentive bonus 

2 for conversion to military occupational specialty to 

3 ease personnel shortage. 

4 (8) Section 327(h), relating to incentive bonus 

5 for transfer between Armed Forces. 

6 (9) Section 330(f), relating to accession bonus for 

7 officer candidates. 

8 SEC. 616. INCREASE IN MAXIMUM AMOUNT OF AVIATION 

9 SPECIAL PAYS FOR FLYING DUTY. 

10 Section 334(c)(1) of title 37, United States Code, is 

11 amended by striking subparagraphs (A) and (B) and in12 serting the following new subparagraphs: 

13 ‘‘(A) aviation incentive pay under sub14 section (a) shall be paid at a monthly rate not 

15 to exceed $1,000 per month; and 

16 ‘‘(B) an aviation bonus under subsection (b) 

17 may not exceed $60,000 for each 12-month pe18 riod of obligated service agreed to under sub19 section (d).’’. 

20 SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION 

21 OF SPECIAL PAY, INCENTIVE PAY, AND BONUS 

22 AUTHORITIES. 

23 Section 332(c)(1)(B) of title 37, United States Code, 

24 is amended by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’. 


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1 SEC. 618. TECHNICAL AND CLERICAL AMENDMENTS RELAT2 ING TO 2008 CONSOLIDATION OF CERTAIN 

3 SPECIAL PAY AUTHORITIES. 

4 (a) FAMILY CARE PLANS.—Section 586 of the National 

5 Defense Authorization Act for Fiscal Year 2008 (Public 

6 Law 110–181; 10 U.S.C. 991 note) is amended by inserting 

7 ‘‘or 351’’ after ‘‘section 310’’. 

8 (b) DEPENDENTS’ MEDICAL CARE.—Section 

9 1079(g)(1) of title 10, United States Code, is amended by 

10 inserting ‘‘or 351’’ after ‘‘section 310’’. 

11 (c) RETENTION ON ACTIVE DUTY DURING DISABILITY

12 EVALUATION PROCESS.—Section 1218(d)(1) of title 10, 

13 United States Code, is amended by inserting ‘‘or 351’’ after 

14 ‘‘section 310’’. 

15 (d) STORAGE SPACE.—Section 362(1) of the John 

16 Warner National Defense Authorization Act for Fiscal Year 

17 2007 (Public Law 109–364; 10 U.S.C. 2825 note) is amend18 ed by inserting ‘‘, or paragraph (1) or (3) of section 

19 351(a),’’ after ‘‘section 310’’. 

20 (e) STUDENT ASSISTANCE PROGRAMS.—Sections 

21 455(o)(3)(B) and 465(a)(2)(D) of the Higher Education Act 

22 of 1965 (20 U.S.C. 1087e(o)(3)(B), 1087ee(a)(2)(D)) are 

23 amended by inserting ‘‘or paragraph (1) or (3) of section 

24 351(a).’’ after ‘‘section 310’’. 

25 (f) ARMED FORCES RETIREMENT HOME.—Section 

26 1512(a)(3)(A) of the Armed Forces Retirement Home Act 


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1 of 1991 (24 U.S.C. 412(a)(3)(A)) is amended by inserting 

2 ‘‘or 351’’ after ‘‘section 310’’. 

3 (g) VETERANS OF FOREIGN WARS MEMBERSHIP.— 

4 Section 230103(3) of title 36, United States Code, is amend5 ed by inserting ‘‘or 351’’ after ‘‘section 310’’. 

6 (h) MILITARY PAY AND ALLOWANCES.—Title 37, 

7 United States Code, is amended— 

8 (1) in section 212(a), by inserting ‘‘, or para9 graph (1) or (3) of section 351(a),’’ after ‘‘section 

10 310’’; 

11 (2) in section 402a(b)(3)(B), by inserting ‘‘or 

12 351’’ after ‘‘section 310’’; 

13 (3) in section 481a(a), by inserting ‘‘or 351’’ 

14 after ‘‘section 310’’; 

15 (4) in section 907(d)(1)(H), by inserting ‘‘or 

16 351’’ after ‘‘section 310’’; and 

17 (5) in section 910(b)(2)(B), by inserting ‘‘, or 

18 paragraph (1) or (3) of section 351(a),’’ after ‘‘section 

19 310’’. 

20 (i) EXCLUSIONS FROM INCOME FOR PURPOSE OF SUP21 PLEMENTAL SECURITY INCOME.—Section 1612(b)(20) of 

22 the Social Security Act (42 U.S.C. 1382a(b)(20)) is amend23 ed by inserting ‘‘, or paragraph (1) or (3) of section 

24 351(a),’’ after ‘‘section 310’’. 


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1 (j) EXCLUSIONS FROM INCOME FOR PURPOSE OF

2 HEAD START PROGRAM.—Section 645(a)(3)(B)(i) of the 

3 Head Start Act (42 U.S.C. 9840(a)(3)(B)(i)) is amended 

4 by inserting ‘‘or 351’’ after ‘‘section 310’’. 

5 (k) EXCLUSIONS FROM GROSS INCOME FOR FEDERAL

6 INCOME TAX PURPOSES.—Section 112(c)(5)(B) of the In7 ternal Revenue Code of 1986 is amended by inserting ‘‘, 

8 or paragraph (1) or (3) of section 351(a),’’ after ‘‘section 

9 310’’. 

10 SEC. 619. COMBAT-RELATED SPECIAL COMPENSATION CO11 ORDINATING AMENDMENT. 

12 Subparagraph (B) of section 1413a(b)(3) of title 10, 

13 United States Code, is amended by striking ‘‘the amount 

14 equal to’’ and all that follows through ‘‘creditable service 

15 multiplied’’ and inserting the following: ‘‘the amount equal 

16 to the retired pay multiplier determined for the member 

17 under section 1409 of this title multiplied’’. 

18 Subtitle C—Disability, Retired Pay, 

19 and Survivor Benefits 

20 SEC. 621. SEPARATION DETERMINATIONS FOR MEMBERS 

21 PARTICIPATING IN THRIFT SAVINGS PLAN. 

22 The amendment to be made by section 632(c)(2) of the 

23 National Defense Authorization Act for Fiscal Year 2016 

24 (Public Law 114–92; 129 Stat. 847) shall not take effect. 


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1 SEC. 622. CONTINUATION PAY FOR FULL THRIFT SAVINGS 

2 PLAN MEMBERS WHO HAVE COMPLETED 8 TO 

3 12 YEARS OF SERVICE. 

4 (a) CONTINUATION PAY.—Section 356 of title 37, 

5 United States Code, which shall take effect on January 1, 

6 2018, pursuant to section 635 of the National Defense Au7 thorization Act for Fiscal Year 2016 (Public Law 114–92; 

8 129 Stat. 851), is amended— 

9 (1) in the heading, by striking ‘‘12 years’’ and 

10 inserting ‘‘8 to 12 years’’; 

11 (2) in subsection (a)— 

12 (A) by striking paragraph (1) and inserting 

13 the following: 

14 ‘‘(1) has completed not less than 8 and not more 

15 than 12 years of service in a uniformed service; and’’; 

16 and 

17 (B) in paragraph (2), by striking ‘‘an addi18 tional 4 years’’ and inserting ‘‘not less than 3 

19 additional years’’; 

20 (3) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) PAYMENT AMOUNT.—The Secretary concerned 

23 shall determine the payment amount under this section as 

24 a multiple of a full TSP member’s monthly basic pay but 

25 shall not be less than 2.5 times the member’s monthly basic 


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1 pay. The maximum amount the Secretary concerned may 

2 pay the member under this section is— 

3 ‘‘(1) in the case of a member of a regular compo4 nent or in a reserve component if the member is per5 forming active Guard and Reserve duty (as defined in 

6 section 101(d)(6) of title 10), 13 times the amount of 

7 the monthly basic pay payable to the member for the 

8 month during which the agreement under subsection 

9 (a)(2) is entered into; and 

10 ‘‘(2) in the case of any member not covered by 

11 paragraph (1), 6 times the amount of monthly basic 

12 pay to which the member would be entitled for the 

13 month during which the agreement under subsection 

14 (a)(2) is entered into if the member were serving on 

15 active duty at the time the agreement is entered 

16 into.’’; and 

17 (4) by amending subsection (d) to read as fol18 lows: 

19 ‘‘(d) TIMING OF PAYMENT.—The Secretary concerned 

20 shall pay continuation pay under subsection (a) to a full 

21 TSP member when the member has completed not less than 

22 8 and not more than 12 years of service in a uniformed 

23 service.’’. 

24 (b) CLERICAL AMENDMENT.—The item relating to sec25 tion 356 in the table of sections at the beginning of chapter 


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1 5 of title 37, United States Code, which shall take effect 

2 on January 1, 2018, pursuant to section 635 of the Na3 tional Defense Authorization Act for Fiscal Year 2016 (Pub4 lic Law 114–92; 129 Stat. 851), is amended by striking 

5 ‘‘12 years’’ and inserting ‘‘8 to 12 years’’. 

6 SEC. 623. SPECIAL SURVIVOR INDEMNITY ALLOWANCE. 

7 (a) PAYMENT AMOUNT PER FISCAL YEAR.—Para8 graph (2)(I) of section 1450(m) of title 10, United States 

9 Code, is amended by striking ‘‘fiscal year 2017’’ and insert10 ing ‘‘each of fiscal years 2017 and 2018’’. 

11 (b) DURATION.—Paragraph (6) of such section is 

12 amended— 

13 (1) by striking ‘‘September 30, 2017’’ and insert14 ing ‘‘September 30, 2018’’; and 

15 (2) by striking ‘‘October 1, 2017’’ both places it 

16 appears and inserting ‘‘October 1, 2018’’. 

17 SEC. 624. EQUAL BENEFITS UNDER SURVIVOR BENEFIT 

18 PLAN FOR SURVIVORS OF RESERVE COMPO19 NENT MEMBERS WHO DIE IN THE LINE OF 

20 DUTY DURING INACTIVE-DUTY TRAINING. 

21 (a) TREATMENT OF INACTIVE-DUTY TRAINING IN

22 SAME MANNER AS ACTIVE DUTY.—Section 1451(c)(1)(A) 

23 of title 10, United States Code, is amended— 

24 (1) in clause (i)— 


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1 (A) by inserting ‘‘or 1448(f)’’ after ‘‘section 

2 1448(d)’’; and 

3 (B) by inserting ‘‘or (iii)’’ after ‘‘clause 

4 (ii)’’; and 

5 (2) in clause (iii)— 

6 (A) by striking ‘‘section 1448(f) of this 

7 title’’ and inserting ‘‘section 1448(f)(1)(A) of this 

8 title by reason of the death of a member or 

9 former member not in line of duty’’; and 

10 (B) by striking ‘‘active service’’ and insert11 ing ‘‘service’’. 

12 (b) CONSISTENT TREATMENT OF DEPENDENT CHIL13 DREN.—Paragraph (2) of section 1448(f) of title 10, United 

14 States Code, is amended to read as follows: 

15 ‘‘(2) DEPENDENT CHILDREN ANNUITY.— 

16 ‘‘(A) ANNUITY WHEN NO ELIGIBLE SUR17 VIVING SPOUSE.—In the case of a person de18 scribed in paragraph (1), the Secretary con19 cerned shall pay an annuity under this sub20 chapter to the dependent children of that person 

21 under section 1450(a)(2) of this title as applica22 ble. 

23 ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS

24 AN ELIGIBLE SURVIVING SPOUSE.—The Secretary 

25 may pay an annuity under this subchapter to 


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1 the dependent children of a person described in 

2 paragraph (1) under section 1450(a)(3) of this 

3 title, if applicable, instead of paying an annuity 

4 to the surviving spouse under paragraph (1), if 

5 the Secretary concerned, in consultation with the 

6 surviving spouse, determines it appropriate to 

7 provide an annuity for the dependent children 

8 under this paragraph instead of an annuity for 

9 the surviving spouse under paragraph (1).’’. 

10 (c) DEEMED ELECTIONS.—Section 1448(f) of title 10, 

11 United States Code, is further amended by adding at the 

12 end the following new paragraph: 

13 ‘‘(5) DEEMED ELECTION TO PROVIDE AN ANNU14 ITY FOR DEPENDENT.—Paragraph (6) of subsection 

15 (d) shall apply in the case of a member described in 

16 paragraph (1) who dies after November 23, 2003, 

17 when no other annuity is payable on behalf of the 

18 member under this subchapter.’’. 

19 (d) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY

20 ALLOWANCE.—Section 1450(m)(1)(B) of title 10, United 

21 States Code, is amended by inserting ‘‘or (f)’’ after ‘‘sub22 section (d)’’. 

23 (e) APPLICATION OF AMENDMENTS.— 

24 (1) PAYMENT.—No annuity benefit under sub25 chapter II of chapter 73 of title 10, United States 


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1 Code, shall accrue to any person by reason of the 

2 amendments made by this section for any period be3 fore the date of the enactment of this Act. 

4 (2) ELECTIONS.—For any death that occurred 

5 before the date of the enactment of this Act with re6 spect to which an annuity under such subchapter is 

7 being paid (or could be paid) to a surviving spouse, 

8 the Secretary concerned may, within six months of 

9 that date and in consultation with the surviving 

10 spouse, determine it appropriate to provide an annu11 ity for the dependent children of the decedent under 

12 paragraph 1448(f)(2)(B) of title 10, as added by sub13 section (b)(1), instead of an annuity for the surviving 

14 spouse. Any such determination and resulting change 

15 in beneficiary shall be effective as of the first day of 

16 the first month following the date of the determina17 tion. 

18 SEC. 625. USE OF MEMBER’S CURRENT PAY GRADE AND 

19 YEARS OF SERVICE, RATHER THAN FINAL RE20 TIREMENT PAY GRADE AND YEARS OF SERV21 ICE, IN A DIVISION OF PROPERTY INVOLVING 

22 DISPOSABLE RETIRED PAY. 

23 (a) USE OF CURRENT PAY GRADE REQUIRED.—Sec24 tion 1408(a)(4) of title 10, United States Code, is amended 

25 in the matter preceding subparagraph (A) by inserting after 


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1 ‘‘member is entitled’’ the following: ‘‘(to be determined using 

2 the member’s pay grade and years of service at the time 

3 of the court order, rather than the member’s pay grade and 

4 years of service at the time of retirement, unless the same)’’. 

5 (b) APPLICATION OF AMENDMENT.—The amendment 

6 made by subsection (a) shall apply with respect to any divi7 sion of property as part of a final decree of divorce, dissolu8 tion, annulment, or legal separation involving a member 

9 of the Armed Forces to which section 1408 of title 10, 

10 United States Code, applies that becomes final after the date 

11 of the enactment of this Act. 

12 Subtitle D—Commissary and Non13 appropriated Fund Instrumen14 tality Benefits and Operations 

15 SEC. 631. PROTECTION AND ENHANCEMENT OF ACCESS TO 

16 AND SAVINGS AT COMMISSARIES AND EX17 CHANGES. 

18 (a) OPTIMIZATION STRATEGY.—Section 2481(c) of 

19 title 10, United States Code, is amended by adding at the 

20 end the following paragraph: 

21 ‘‘(3)(A) The Secretary of Defense shall develop and im22 plement a comprehensive strategy to optimize management 

23 practices across the defense commissary system and the ex24 change system that reduce reliance of those systems on ap25 propriated funding without reducing benefits to the patrons 


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1 of those systems or the revenue generated by non2 appropriated fund entities or instrumentalities of the De3 partment of Defense for the morale, welfare, and recreation 

4 of members of the armed forces. 

5 ‘‘(B) The Secretary shall ensure that savings generated 

6 due to such optimization practices are shared by the defense 

7 commissary system and the exchange system through con8 tracts or agreements that appropriately reflect the partici9 pation of the systems in the development and implementa10 tion of such practices. 

11 ‘‘(C) If the Secretary determines that the reduced reli12 ance on appropriated funding pursuant to subparagraph 

13 (A) is insufficient to maintain the benefits to the patrons 

14 of the defense commissary system, and if the Secretary con15 verts the defense commissary system to a nonappropriated 

16 fund entity or instrumentality pursuant to paragraph (1) 

17 of section 2484(j) of this title, the Secretary shall transfer 

18 appropriated funds pursuant to paragraph (2) of such sec19 tion to ensure the maintenance of such benefits. 

20 ‘‘(4) On not less than a quarterly basis, the Secretary 

21 shall provide to the congressional defense committees a 

22 briefing on the defense commissary system, including— 

23 ‘‘(A) an assessment of the savings the system 

24 provides patrons; 


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1 ‘‘(B) the status of implementing section 2484(i) 

2 of this title; 

3 ‘‘(C) the status of implementing section 2484(j), 

4 including whether the system requires any appro5 priated funds pursuant to paragraph (2) of such sec6 tion; 

7 ‘‘(D) the status of carrying out a program for 

8 such system to sell private label merchandise; and 

9 ‘‘(E) any other matters the Secretary considers 

10 appropriate.’’. 

11 (b) AUTHORIZATION TO SUPPLEMENT APPROPRIA12 TIONS THROUGH BUSINESS OPTIMIZATION.—Section 

13 2483(c) of such title is amended by adding at the end the 

14 following new sentence: ‘‘Such appropriated amounts may 

15 also be supplemented with additional funds derived from 

16 improved management practices implemented pursuant to 

17 sections 2481(c)(3) and 2487(c) of this title and the variable 

18 pricing program implemented pursuant to section 2484(i) 

19 of this title.’’. 

20 (c) VARIABLE PRICING PILOT PROGRAM.—Section 

21 2484 of such title is amended by adding at the end the fol22 lowing new subsections: 

23 ‘‘(i) VARIABLE PRICING PROGRAM.—(1) Notwith24 standing subsection (e), and subject to subsection (k), the 

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1 ant to which prices may be established in response to mar2 ket conditions and customer demand, in accordance with 

3 the requirements of this subsection. Notwithstanding the 

4 amount of the uniform surcharge assessed in subsection (d), 

5 the Secretary may provide for an alternative surcharge of 

6 not more than five percent of sales proceeds under such vari7 able pricing program to be made available for the purposes 

8 specified in subsection (h). 

9 ‘‘(2) Subject to subsection (k), before establishing a 

10 variable pricing program under this subsection, the Sec11 retary shall establish the following: 

12 ‘‘(A) Specific, measurable benchmarks for success 

13 in the provision of high quality grocery merchandise, 

14 discount savings to patrons, and levels of customer 

15 satisfaction while achieving savings for the Depart16 ment of Defense. 

17 ‘‘(B) A baseline of overall savings to patrons 

18 achieved by commissary stores prior to the initiation 

19 of the variable pricing program, based on a compari20 son of prices charged by those stores on a regional 

21 basis with prices charged by relevant local competi22 tors for a representative market basket of goods. 

23 ‘‘(3) The Secretary shall ensure that the defense com24 missary system implements the variable pricing program 

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1 tablished for paragraph (2)(B) and adjusting pricing as 

2 necessary to ensure that pricing in the variable pricing pro3 gram achieves overall savings to patrons that are consistent 

4 with the baseline savings established for the relevant region 

5 pursuant to such paragraph. 

6 ‘‘(j) CONVERSION TO NONAPPROPRIATED FUND ENTI7 TY OR INSTRUMENTALITY.—(1) Subject to subsection (k), if 

8 the Secretary determines that the variable pricing program 

9 has met the benchmarks for success established pursuant to 

10 paragraph (2)(A) of subsection (i) and the savings require11 ments established pursuant to paragraph (3) of such sub12 section over a period of at least six months, the Secretary 

13 may convert the defense commissary system to a non14 appropriated fund entity or instrumentality, with oper15 ating expenses financed in whole or in part by receipts from 

16 the sale of products and the sale of services. Upon such con17 version, appropriated funds shall be transferred to the de18 fense commissary system only in accordance with para19 graph (2) or section 2491 of this title. The requirements 

20 of section 2483 shall not apply to the defense commissary 

21 system operating as a nonappropriated fund entity or in22 strumentality. 

23 ‘‘(2) If the Secretary determines that the defense com24 missary system operating as a nonappropriated fund entity 

25 or instrumentality is likely to incur a loss in any fiscal 


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1 year as a result of compliance with the savings requirement 

2 established in subsection (i), the Secretary shall authorize 

3 a transfer of appropriated funds available for such purpose 

4 to the commissary system in an amount sufficient to offset 

5 the anticipated loss. Any funds so transferred shall be con6 sidered to be nonappropriated funds for such purpose. 

7 ‘‘(3)(A) The Secretary of Defense may identify posi8 tions of employees in the defense commissary system who 

9 are paid with appropriated funds whose status may be con10 verted to the status of an employee of a nonappropriated 

11 fund entity or instrumentality. 

12 ‘‘(B) The status and conversion of employees in a posi13 tion identified by the Secretary under subparagraph (A) 

14 shall be addressed as provided in section 2491(c) for em15 ployees in morale, welfare, and recreation programs, in16 cluding with respect to requiring the consent of such em17 ployee to be so converted. 

18 ‘‘(C) No individual who is an employee of the defense 

19 commissary system as of the date of the enactment of this 

20 subsection shall suffer any loss of or decrease in pay as a 

21 result of a conversion made under this paragraph. 

22 ‘‘(k) OVERSIGHT REQUIRED TO ENSURE CONTINUED

23 BENEFIT TO PATRONS.—(1) With respect to each action de24 scribed in paragraph (2), the Secretary may not carry out 

25 such action until— 


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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 bas9 ket 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 subsection 

18 (d); and 

19 (2) by inserting after subsection (b) the following 

20 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— 


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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 re4 tail systems as a whole and the benefits provided by 

5 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 by 

10 the defense commissary system and the exchange sys11 tem; and 

12 ‘‘(B) for the acquisition of supplies, resale goods, 

13 and services on behalf of both the defense commissary 

14 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 section 

18 2483 of this title to reimburse a nonappropriated 

19 fund entity or instrumentality for the portion of the 

20 cost of a contract or agreement entered by the non21 appropriated fund entity or instrumentality that is 

22 attributable to the defense commissary system; and 

23 ‘‘(B) authorize the defense commissary system to 

24 accept reimbursement from a nonappropriated fund 

25 entity or instrumentality for the portion of the cost 


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1 of a contract or agreement entered by the defense com2 missary system that is attributable to the non3 appropriated fund entity or instrumentality.’’. 

4 (e) AUTHORITY FOR EXPERT COMMERCIAL ADVICE.— 

5 Section 2485 of such title is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(h) EXPERT COMMERCIAL ADVICE.—The Secretary of 

8 Defense may enter into a contract with an entity to obtain 

9 expert commercial advice, commercial assistance, or other 

10 similar services not otherwise carried out by the Defense 

11 Commissary Agency, to implement section 2481(c), sub12 sections (i) and (j) of section 2484, and section 2487(c) of 

13 this title.’’. 

14 (f) CLARIFICATION OF REFERENCES TO ‘‘THE EX15 CHANGE SYSTEM’’.—Section 2481(a) of title 10, United 

16 States Code, is amended by adding at the end the following 

17 new sentence: ‘‘Any reference in this chapter to ‘the ex18 change system’ shall be treated as referring to each separate 

19 administrative entity within the Department of Defense 

20 through which the Secretary of Defense has implemented the 

21 requirement under this subsection for a world-wide system 

22 of exchange stores.’’. 

23 (g) OPERATION OF DEFENSE COMMISSARY SYSTEM AS

24 A NONAPPROPRIATED FUND ENTITY.—In the event that the 

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1 appropriated fund entity or instrumentality as authorized 

2 by section 2484(j)(1) of title 10, United States Code, as 

3 added by subsection (c) of this section, the Secretary may— 

4 (1) provide for the transfer of commissary assets, 

5 including inventory and available funds, to the non6 appropriated fund entity or instrumentality; and 

7 (2) ensure that revenues accruing to the defense 

8 commissary system are appropriately credited to the 

9 nonappropriated fund entity or instrumentality. 

10 (h) CONFORMING CHANGE.—Section 2643(b) of such 

11 title is amended by adding at the end the following new 

12 sentence: ‘‘Such appropriated funds may be supplemented 

13 with additional funds derived from improved management 

14 practices implemented pursuant to sections 2481(c)(3) and 

15 2487(c) of this title.’’. 

16 Subtitle E—Travel and Transpor17 tation Allowances and Other 

18 Matters 

19 SEC. 641. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAV20 EL EXPENSES OF MEMBERS OF THE RE21 SERVES ATTENDING INACTIVE DUTY TRAIN22 ING OUTSIDE OF NORMAL COMMUTING DIS23 TANCES. 

24 Section 478a(c) of title 37, United States Code, is 

25 amended— 


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1 (1) by striking ‘‘The amount’’ and inserting the 

2 following: ‘‘(1) Except as provided by paragraph (2), 

3 the amount’’; and 

4 (2) by adding at the end the following new para5 graph: 

6 ‘‘(2) The Secretary concerned may authorize, on a 

7 case-by-case basis, a higher reimbursement amount for a 

8 member under subsection (a) when the member— 

9 ‘‘(A) resides— 

10 ‘‘(i) in the same State as the training loca11 tion; and 

12 ‘‘(ii) outside of an urbanized area with a 

13 population of 50,000 or more, as determined by 

14 the Bureau of the Census; and 

15 ‘‘(B) is required to commute to a training loca16 tion— 

17 ‘‘(i) using an aircraft or boat on account of 

18 limited or nonexistent vehicular routes to the 

19 training location or other geographical chal20 lenges; or 

21 ‘‘(ii) from a permanent residence located 

22 more than 75 miles from the training location.’’. 


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1 SEC. 642. STATUTE OF LIMITATIONS ON DEPARTMENT OF 

2 DEFENSE RECOVERY OF AMOUNTS OWED TO 

3 THE UNITED STATES BY MEMBERS OF THE 

4 UNIFORMED SERVICES, INCLUDING RETIRED 

5 AND FORMER MEMBERS. 

6 Section 1007(c)(3) of title 37, United States Code, is 

7 amended by adding at the end the following new subpara8 graphs: 

9 ‘‘(C)(i) In accordance with clause (ii), if the indebted10 ness of a member of the uniformed services to the United 

11 States occurs, through no fault of the member, as a result 

12 of the overpayment of pay or allowances to the member or 

13 upon the settlement of the member’s accounts, the Secretary 

14 concerned may not recover the indebtedness from the mem15 ber, including a retired or former member, using deductions 

16 from the pay of the member, deductions from retired or sep17 aration pay, or any other collection method unless recovery 

18 of the indebtedness commences before the end of the 10-year 

19 period beginning on the date on which the indebtedness was 

20 incurred. 

21 ‘‘(ii) Clause (i) applies with respect to cases of indebt22 edness that incur on or after October 1, 2027. 

23 ‘‘(D)(i) Not later than January 1 of each of years 2017 

24 through 2027, the Director of the Defense Finance and Ac25 counting Service shall review all cases occurring during the 

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1 ness of a member of the uniformed services, including a re2 tired or former member, to the United States in which— 

3 ‘‘(I) the recovery of the indebtedness commenced 

4 after the end of the 10-year period beginning on the 

5 date on which the indebtedness was incurred; or 

6 ‘‘(II) the Director did not otherwise notify the 

7 member of such indebtedness during such 10-year pe8 riod. 

9 ‘‘(ii) The Director shall submit to the congressional de10 fense committees and the Committees on Veterans’ Affairs 

11 of the House of Representatives and the Senate each review 

12 conducted under clause (i), including the amounts owed to 

13 the United States by the members included in such review.’’. 

14 TITLE VII—HEALTH CARE 

15 PROVISIONS 

16 Subtitle A—Reform of TRICARE 

17 and Military Health System 

18 SEC. 701. TRICARE PREFERRED AND OTHER TRICARE RE19 FORM. 

20 (a) ESTABLISHMENT.— 

21 (1) TRICARE PREFERRED.—Chapter 55 of title 

22 10, United States Code, is amended by inserting after 

23 section 1074n the following new section: 


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1 ‘‘§ 1075. TRICARE Preferred 

2 ‘‘(a) ESTABLISHMENT.—(1) Not later than January 1, 

3 2018, the Secretary of Defense shall establish a self-man4 aged, preferred-provider network option under the 

5 TRICARE program. Such option shall be known as 

6 ‘TRICARE Preferred’. 

7 ‘‘(2) The Secretary shall establish TRICARE Preferred 

8 in all areas. Under TRICARE Preferred, eligible bene9 ficiaries will not have restrictions on the freedom of choice 

10 of the beneficiary with respect to health care providers. 

11 ‘‘(b) ENROLLMENT ELIGIBILITY.—(1) The beneficiary 

12 categories for purposes of eligibility to enroll in TRICARE 

13 Preferred and cost sharing requirements applicable to such 

14 category are as follows: 

15 ‘‘(A) An ‘active-duty family member’ category 

16 that consists of beneficiaries who are covered by sec17 tion 1079 of this title (as dependents of active duty 

18 members). 

19 ‘‘(B) A ‘retired’ category that consists of bene20 ficiaries covered by subsection (c) of section 1086 of 

21 this title, other than Medicare-eligible beneficiaries de22 scribed in subsection (d)(2) of such section. 

23 ‘‘(C) A ‘reserve and young adult’ category that 

24 consists of beneficiaries who are covered by— 

25 ‘‘(i) section 1076d of this title; 

26 ‘‘(ii) section 1076e; or 


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1 ‘‘(iii) section 1110b. 

2 ‘‘(2) A covered beneficiary who elects to participate in 

3 TRICARE Preferred shall enroll in such option under sec4 tion 1099 of this title. 

5 ‘‘(c) COST-SHARING REQUIREMENTS.—The cost shar6 ing requirements under TRICARE Preferred are as follows: 

7 ‘‘(1) With respect to beneficiaries in the active8 duty family member category or the retired category 

9 by reason of being a member or former member of the 

10 uniformed services who originally enlists or is ap11 pointed in the uniformed services on or after January 

12 1, 2018, or by reason of being a dependent of such a 

13 member, the cost sharing requirements shall be cal14 culated pursuant to subsection (d)(1). 

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

16 with respect to beneficiaries described in subpara17 graph (B) in the active-duty family member category 

18 or the retired category, the cost sharing requirements 

19 shall be calculated as if the beneficiary were enrolled 

20 in TRICARE Extra or TRICARE Standard as if 

21 TRICARE Extra or TRICARE Standard, as the case 

22 may be, were still being carried out by the Secretary. 

23 ‘‘(B) Beneficiaries described in this subpara24 graph are beneficiaries who are eligible to enroll in 

25 the TRICARE program by reason of being a member 


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1 or former member of the uniformed services who origi2 nally enlists or is appointed in the uniformed services 

3 before January 1, 2018, or by reason of being a de4 pendent of such a member. 

5 ‘‘(3) With respect to beneficiaries in the reserve 

6 and young adult category, the cost sharing require7 ments shall be calculated pursuant to subsection 

8 (d)(1) as if the beneficiary were in the active-duty 

9 family member category or the retired category, as 

10 applicable, except that the premiums calculated pur11 suant to sections 1076d, 1076e, or 1110b of this title, 

12 as the case may be, shall apply instead of any enroll13 ment fee required under this section. 

14 ‘‘(d) COST-SHARING AMOUNTS FOR CERTAIN BENE15 FICIARIES.—(1) Beneficiaries described in subsection (c)(1) 

16 enrolled in TRICARE Preferred shall be subject to cost17 sharing requirements in accordance with the amounts and 

18 percentages under the following table during calendar year 

19 2018 and as such amounts are adjusted under paragraph 

20 (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 


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‘‘TRICARE Preferred 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Outpatient visit 

civilian network 

$15 primary care $25 primary care 

$25 specialty care $40 specialty care 

Out of network: 20% 25% of out of network 

ER visit civilian 

network 

$40 network $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 annually 

4 indexed to the amount by which retired pay is increased 

5 under section 1401a of this title, rounded to the next lower 

6 multiple of $1. The remaining amount above such multiple 

7 of $1 shall be carried over to, and accumulated with, the 

8 amount of the increase for the subsequent year or years and 


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1 made when the aggregate amount of increases carried over 

2 under this clause for a year is $1 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 accordance 

9 with subsection (d)(2), the Secretary shall establish an an10 nual enrollment fee for beneficiaries described in subsection 

11 (c)(2)(B) in the retired category who enroll in TRICARE 

12 Preferred (other than such beneficiaries covered by para13 graph (2)). Such enrollment fee shall be $100 for an indi14 vidual and $200 for a family. 

15 ‘‘(2) The enrollment fee established pursuant to para16 graph (1) for beneficiaries described in subsection (c)(2)(B) 

17 in the retired category shall not apply with respect to the 

18 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 such 

25 section 1086(c). 


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1 ‘‘(3) The Secretary may not establish an annual en2 rollment fee under paragraph (1) until 90 days has elapsed 

3 following the date on which the Comptroller General of the 

4 United States is required to submit the review under para5 graph (4). 

6 ‘‘(4) Not later than February 1, 2020, the Comptroller 

7 General of the United States shall submit to the Committees 

8 on Armed Services of the House of Representatives and the 

9 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 ob14 tain appointments for health care according to the ac15 cess standards established by the Secretary of Defense. 

16 ‘‘(C) The percent of network providers that ac17 cept new patients under the TRICARE program. 

18 ‘‘(D) The satisfaction of beneficiaries under 

19 TRICARE Preferred. 

20 ‘‘(f) PUBLICATION OF MEASURES.—As part of the ad21 ministration of TRICARE Prime and TRICARE Preferred, 

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1 ization Act for Fiscal Year 2017. The published measures 

2 shall be updated not less frequently than quarterly. 

3 ‘‘(g) CONSTRUCTION.—Nothing in this section may be 

4 construed as affecting the availability of TRICARE Prime 

5 and TRICARE for Life. 

6 ‘‘(h) DEFINITIONS.—In this section, terms ‘active-duty 

7 family member category’, ‘retired category’, and ‘reserve 

8 and young adult category’ mean the respective categories 

9 of TRICARE Preferred enrollment described in subsection 

10 (b).’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 55 of title 10, 

13 United States Code, is amended by inserting after the 

14 item relating to section 1074n, the following new 

15 item: 

‘‘1075. TRICARE Preferred.’’. 

16 (b) TRICARE PRIME COST SHARING.— 

17 (1) IN GENERAL.—Chapter 55 of title 10, United 

18 States Code, is amended by inserting after section 

19 1075, as added by subsection (a), the following new 

20 section: 

21 ‘‘§ 1075a. TRICARE Prime: cost sharing 

22 ‘‘(a) COST-SHARING REQUIREMENTS.—The cost shar23 ing requirements under TRICARE Prime are as follows: 


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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 January 

10 1, 2018, or by reason of being a dependent of such a 

11 member, the cost-sharing requirements shall be cal12 culated pursuant to subsection (b)(1). 

13 ‘‘(3)(A) With respect to beneficiaries described in 

14 subparagraph (B) in the active-duty family member 

15 category or the retired category (as described in sec16 tion 1075(b)(1) of this title), the cost-sharing require17 ments shall be calculated in accordance with the other 

18 provisions of this chapter without regard to subsection 

19 (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 member 

23 or former member of the uniformed services who origi24 nally enlists or is appointed in the uniformed services 


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1 before January 1, 2018, or by reason of being a de2 pendent of such a member. 

3 ‘‘(b) COST-SHARING AMOUNTS.—(1) Beneficiaries de4 scribed in subsection (a)(2) enrolled in TRICARE Prime 

5 shall be subject to cost-sharing requirements in accordance 

6 with the amounts and percentages under the following table 

7 during calendar year 2018 and as such amounts are ad8 justed under paragraph (2) for subsequent 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 

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. Costsharing for covered inpatient and outpatient services are 50% of the TRICARE 

allowable charges. 


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1 ‘‘(2) Each dollar amount expressed as a fixed dollar 

2 amount in the table set forth in paragraph (1) shall be an3 nually indexed to the amount by which retired pay is in4 creased under section 1401a of this title, rounded to the next 

5 lower multiple of $1. The remaining amount above such 

6 multiple of $1 shall be carried over to, and accumulated 

7 with, the amount of the increase for the subsequent year 

8 or years and made when the aggregate amount of increases 

9 carried over under this clause for a year is $1 or more. 

10 ‘‘(3) Enrollment fees, deductible amounts, and cata11 strophic caps under this section are on a calendar-year 

12 basis.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 55 of title 10, 

15 United States Code, is amended by inserting after the 

16 item relating to section 1075, as added by subsection 

17 (a), the following new item: 

‘‘1075a. TRICARE Prime: cost sharing.’’. 

18 (c) PORTABILITY.—Section 1073 of title 10, United 

19 States Code, is amended by adding at the end the following 

20 new subsection: 

21 ‘‘(c) PORTABILITY IN PROGRAM.—The Secretary of De22 fense shall ensure that the enrollment status of covered bene23 ficiaries is portable between or among TRICARE program 

24 regions of the United States and that effective procedures 

25 are in place for automatic electronic transfer of information 


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1 between or among contractors responsible for administra2 tion in such regions and prompt communication with such 

3 beneficiaries. Each covered beneficiary enrolled in 

4 TRICARE Prime who has relocated the beneficiary’s pri5 mary residence to a new area in which enrollment in 

6 TRICARE Prime is available shall be able to obtain a new 

7 primary health care manager or provider within 10 days 

8 of the relocation and associated request for such manager 

9 or provider.’’. 

10 (d) TERMINATION OF TRICARE STANDARD AND

11 TRICARE EXTRA.—Beginning on January 1, 2018, the 

12 Secretary of Defense may not carry out TRICARE Stand13 ard and TRICARE Extra under the TRICARE program. 

14 The Secretary shall ensure that any individual who is cov15 ered under TRICARE Standard or TRICARE Extra as of 

16 December 31, 2017, enrolls in TRICARE Prime, TRICARE 

17 Preferred, or TRICARE for Life, as the case may be, as 

18 of January 1, 2018, for the individual to continue coverage 

19 under the TRICARE program. 

20 (e) IMPLEMENTATION PLAN.— 

21 (1) IN GENERAL.—Not later than June 1, 2017, 

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1 prove access to health care for TRICARE beneficiaries 

2 pursuant to the amendments made by this section. 

3 (2) ELEMENTS.—The plan under paragraph (1) 

4 shall— 

5 (A) ensure that at least 85 percent of the 

6 beneficiary population under TRICARE Pre7 ferred is covered by the network by January 1, 

8 2018; 

9 (B) establish access standards for appoint10 ments for health care; 

11 (C) establish mechanisms for monitoring 

12 compliance with access standards; 

13 (D) establish health care provider-to-bene14 ficiary ratios; 

15 (E) monitor on a monthly basis complaints 

16 by beneficiaries with respect to network adequacy 

17 and the availability of health care providers; 

18 (F) establish requirements for mechanisms 

19 to monitor the responses to complaints by bene20 ficiaries; 

21 (G) mechanisms to evaluate the quality 

22 metrics of the network providers established 

23 under section 711; 


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1 (H) any recommendations for legislative ac2 tion the Secretary determines necessary to carry 

3 out the plan; and 

4 (I) any other elements the Secretary deter5 mines appropriate. 

6 (f) GAO REVIEWS.— 

7 (1) IMPLEMENTATION PLAN.—Not later than De8 cember 1, 2017, the Comptroller General of the United 

9 States shall submit to the Committees on Armed Serv10 ices of the House of Representatives and the Senate a 

11 review of the implementation plan of the Secretary 

12 under paragraph (1) of subsection (e), including an 

13 assessment of the adequacy of the plan in meeting the 

14 elements specified in paragraph (2) of such sub15 section. 

16 (2) NETWORK.—Not later than September 1, 

17 2017, the Comptroller General shall submit to the 

18 Committees on Armed Services of the House of Rep19 resentatives and the Senate a review of the network 

20 established under TRICARE Extra, including the fol21 lowing: 

22 (A) An identification of the percent of bene23 ficiaries who are covered by the network. 


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1 (B) An assessment of the extent to which 

2 beneficiaries are able to obtain appointments 

3 under TRICARE extra. 

4 (C) The percent of network providers under 

5 TRICARE Extra that accept new patients under 

6 the TRICARE program. 

7 (D) An assessment of the satisfaction of 

8 beneficiaries under TRICARE Extra. 

9 (g) DEFINITIONS.—In this section: 

10 (1) The terms ‘‘uniformed services’’, ‘‘covered 

11 beneficiary’’, ‘‘TRICARE Extra’’, ‘‘TRICARE for 

12 Life’’, ‘‘TRICARE Prime’’, and ‘‘TRICARE Stand13 ard’’ have the meaning given those terms in section 

14 1072 of title 10, United States Code, as amended by 

15 subsection (h). 

16 (2) The term ‘‘TRICARE Preferred’’ means the 

17 self-managed, preferred-provider network option 

18 under the TRICARE program established by section 

19 1075 of such title, as added by subsection (a). 

20 (h) CONFORMING AMENDMENTS.— 

21 (1) IN GENERAL.—Title 10, United States Code, 

22 is amended as follows: 

23 (A) Section 1072 is amended— 

24 (i) by striking paragraph (7) and in25 serting the following: 


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1 ‘‘(7) The term ‘TRICARE program’ means the 

2 various programs carried out by the Secretary of De3 fense under this chapter and any other provision of 

4 law providing for the furnishing of medical and den5 tal care and health benefits to members and former 

6 members of the uniformed services and their depend7 ents, including the following health plan options: 

8 ‘‘(A) TRICARE Prime. 

9 ‘‘(B) TRICARE Preferred. 

10 ‘‘(C) TRICARE for Life.’’; and 

11 (ii) by adding at the end the following 

12 new paragraphs: 

13 ‘‘(11) The term ‘TRICARE Extra’ means the 

14 preferred provider option of the TRICARE program 

15 made available prior to January 1, 2018, under 

16 which TRICARE Standard beneficiaries may obtain 

17 discounts on cost-sharing as a result of using 

18 TRICARE network providers. 

19 ‘‘(12) The term ‘TRICARE Preferred’ the self20 managed, preferred-provider network option under the 

21 TRICARE program established by section 1075 of 

22 this title. 

23 ‘‘(13) The term ‘TRICARE for Life’ means the 

24 Medicare wraparound coverage option of the 


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1 TRICARE program made available to the beneficiary 

2 by reason of section 1086(d) of this title. 

3 ‘‘(14) The term ‘TRICARE Prime’ means the 

4 managed care option of the TRICARE program. 

5 ‘‘(15) The term ‘TRICARE Standard’ means the 

6 TRICARE program made available prior to January 

7 1, 2018, covering— 

8 ‘‘(A) medical care to which a dependent de9 scribed in section 1076(a)(2) of this title is enti10 tled; and 

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

12 authority of section 1079(a) of this title and sub13 ject to the same rates and conditions as apply to 

14 persons covered under that section.’’. 

15 (B) Section 1076d 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 sec20 tion.’’; and 

21 (ii) in subsection (f), by striking para22 graph (2) and inserting the following new 

23 paragraph: 

24 ‘‘(2) The term ‘TRICARE Reserve Select’ means 

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1 vider network option under section 1075 made avail2 able to beneficiaries by reason of this section and in 

3 accordance with subsection (d)(1).’’; and 

4 (iii) by striking ‘‘TRICARE Stand5 ard’’ each place it appears (including in the 

6 heading of such section) and inserting 

7 ‘‘TRICARE Reserve Select’’. 

8 (C) Section 1076e is amended— 

9 (i) in subsection (d)(1), by inserting 

10 after ‘‘coverage.’’ the following: ‘‘Such pre11 mium shall apply instead of any enrollment 

12 fees required under section 1075 of this sec13 tion.’’; and 

14 (ii) in subsection (f), by striking para15 graph (2) and inserting the following new 

16 paragraph: 

17 ‘‘(2) The term ‘TRICARE Retired Reserve’ 

18 means the TRICARE Preferred self-managed, pre19 ferred-provider network option under section 1075 

20 made available to beneficiaries by reason of this sec21 tion and in accordance with subsection (d)(1).’’; 

22 (iii) in subsection (b), by striking 

23 ‘‘TRICARE Standard coverage at’’ and in24 serting ‘‘TRICARE coverage at’’; and 


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1 (iv) by striking ‘‘TRICARE Standard’’ 

2 each place it appears (including in the 

3 heading of such section) and inserting 

4 ‘‘TRICARE Retired Reserve’’. 

5 (D) Section 1079a is amended— 

6 (i) in the section heading, by striking 

7 ‘‘CHAMPUS’’ and inserting 

8 ‘‘TRICARE program’’; and 

9 (ii) by striking ‘‘the Civilian Health 

10 and Medical Program of the Uniformed 

11 Services’’ and inserting ‘‘the TRICARE 

12 program’’. 

13 (E) Section 1099(c) is amended by striking 

14 paragraph (2) and inserting the following new 

15 paragraph: 

16 ‘‘(2) A plan under the TRICARE program.’’. 

17 (F) Section 1110b(c)(1) is amended by in18 serting after ‘‘(b).’’ the following: ‘‘Such pre19 mium shall apply instead of any enrollment fees 

20 required under section 1075 of this section.’’. 

21 (2) CLERICAL AMENDMENTS.—The table of sec22 tions at the beginning of chapter 55 of title 10, 

23 United States Code, is further amended— 


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1 (A) in the item relating to section 1076d, by 

2 striking ‘‘TRICARE Standard’’ and inserting 

3 ‘‘TRICARE Reserve Select’’; 

4 (B) in the item relating to section 1076e, by 

5 striking ‘‘TRICARE Standard’’ and inserting 

6 ‘‘TRICARE Retired Reserve’’; and 

7 (C) in the item relating to section 1079a, by 

8 striking ‘‘CHAMPUS’’ and inserting 

9 ‘‘TRICARE program’’. 

10 (3) CONFORMING STYLE.—Any new language in11 serted or added to title 10, United States Code, by an 

12 amendment made by this subsection shall conform to 

13 the typeface and typestyle of the matter in which the 

14 language is so inserted or added. 

15 (i) APPLICATION.—The amendments made by this sec16 tion shall apply with respect to the provision of health care 

17 under the TRICARE program beginning on January 1, 

18 2018. 

19 SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE 

20 HEALTH AGENCY AND MILITARY MEDICAL 

21 TREATMENT FACILITIES. 

22 (a) ADMINISTRATION.— 

23 (1) IN GENERAL.—Chapter 55 of title 10, United 

24 States Code, is amended by inserting after section 

25 1073b the following new section: 


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1 ‘‘§ 1073c. Administration of Defense Health Agency 

2 and military medical treatment facilities 

3 ‘‘(a) ADMINISTRATION OF MILITARY MEDICAL TREAT4 MENT FACILITIES.—(1) Beginning October 1, 2018, the Di5 rector of the Defense Health Agency shall be responsible for 

6 the administration of each military medical treatment fa7 cility, including with respect to— 

8 ‘‘(A) budgetary matters; 

9 ‘‘(B) information technology; 

10 ‘‘(C) health care administration and manage11 ment; 

12 ‘‘(D) administrative policy and procedure; and 

13 ‘‘(E) any other matters the Secretary of Defense 

14 determines appropriate. 

15 ‘‘(2) The commander of each military medical treat16 ment facility shall be responsible for— 

17 ‘‘(A) ensuring the readiness of the members of the 

18 armed forces and civilian employees at such facility; 

19 and 

20 ‘‘(B) furnishing the health care and medical 

21 treatment provided at such facility. 

22 ‘‘(3) The Secretary of Defense shall establish within the 

23 Defense Health Agency a professional staff serving in senior 

24 executive service positions to carry out this subsection. The 

25 Secretary may carry out this paragraph by appointing the 

26 positions specified in subsections (b) and (c). 


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1 ‘‘(b) DHA ASSISTANT DIRECTOR.—(1) The Secretary 

2 of Defense may establish in the Defense Health Agency an 

3 Assistant Director for Health Care Administration. If so 

4 established, the Assistant Director shall— 

5 ‘‘(A) be a career appointee within the senior ex6 ecutive service of the Department; and 

7 ‘‘(B) report directly to the Director of the De8 fense Health Agency. 

9 ‘‘(2) If established under paragraph (1), the Assistant 

10 Director shall be appointed from among individuals who 

11 have equivalent education and experience as a chief execu12 tive officer leading a large, civilian health care system. 

13 ‘‘(3) If established under paragraph (1), the Assistant 

14 Director shall be responsible for the following: 

15 ‘‘(A) Establishing priorities for health care ad16 ministration and management. 

17 ‘‘(B) Establishing policies and procedures for the 

18 provision of direct care at military medical treatment 

19 facilities. 

20 ‘‘(C) Establishing priorities for budgeting mat21 ters with respect to the provision of direct care at 

22 military medical treatment facilities. 

23 ‘‘(D) Establishing policies and procedures for 

24 clinic management and operations at military med25 ical treatment facilities. 


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1 ‘‘(E) Establishing priorities for information 

2 technology at and between the military medical treat3 ment facilities. 

4 ‘‘(c) DHA DEPUTY ASSISTANT DIRECTORS.—(1)(A) 

5 The Secretary of Defense may establish in the Defense 

6 Health Agency a Deputy Assistant Director for Information 

7 Operations. 

8 ‘‘(B) If established under subparagraph (A), the Dep9 uty Assistant Director for Information Operations shall be 

10 responsible for management and execution of information 

11 technology operations at and between the military medical 

12 treatment facilities. 

13 ‘‘(2)(A) The Secretary of Defense may establish in the 

14 Defense Health Agency a Deputy Assistant Director for Fi15 nancial Operations. 

16 ‘‘(B) If established under subparagraph (A), the Dep17 uty Assistant Director for Financial Operations shall be re18 sponsible for the management and execution of budgeting 

19 matters and financial management with respect to the pro20 vision of direct care at military medical treatment facili21 ties. 

22 ‘‘(3)(A) The Secretary of Defense may establish in the 

23 Defense Health Agency a Deputy Assistant Director for 

24 Health Care Operations. 


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1 ‘‘(B) If established under subparagraph (A), the Dep2 uty Assistant Director for Health Care Operations shall be 

3 responsible for the execution of health care administration 

4 and management in the military medical treatment facili5 ties. 

6 ‘‘(4)(A) The Secretary of Defense may establish in the 

7 Defense Health Agency a Deputy Assistant Director for 

8 Medical Affairs. 

9 ‘‘(B) If established under subparagraph (A), the Dep10 uty Assistant Director for Medical Affairs shall be respon11 sible for the management and leadership of clinical quality 

12 and process improvement, patient safety, infection control, 

13 graduate medical education, clinical integration, utiliza14 tion review, risk management, patient experience, and civil15 ian physician recruiting. 

16 ‘‘(5) Each Deputy Assistant Director appointed under 

17 paragraphs (1) through (4) shall— 

18 ‘‘(A) be a career appointee within the senior ex19 ecutive service of the Department; and 

20 ‘‘(B) report directly to the Assistant Director for 

21 Health Care Administration. 

22 ‘‘(d) DHA DEPUTY DIRECTOR.—(1) In addition to the 

23 other duties of the Joint Staff Surgeon, the Joint Staff Sur24 geon shall serve as the Deputy Director for Combat Support 

25 of the Defense Health Agency. 


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1 ‘‘(2) The responsibilities of the Deputy Director shall 

2 include the following: 

3 ‘‘(A) Ensuring that the Defense Health Agency 

4 meets the operational needs of the commanders of the 

5 combatant commands. 

6 ‘‘(B) Coordinating with the military depart7 ments to ensure that the staffing at the military med8 ical treatment facilities support readiness require9 ments for members of the armed forces and health 

10 care personnel. 

11 ‘‘(C) Serving as the link between the commanders 

12 of the combatant commands and the Defense Health 

13 Agency. 

14 ‘‘(e) APPOINTMENTS.—In carrying out subsection 

15 (a)(3), including with respect to establishing positions 

16 under subsections (b) and (c), the Secretary shall make ap17 pointments under such subsections— 

18 ‘‘(1) by not later than October 1, 2018; and 

19 ‘‘(2) by not increasing the number of full-time 

20 equivalent employees of the Defense Health Agency. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘career appointee’ has the mean23 ing given that term in section 3132(a)(4) of title 5. 

24 ‘‘(2) The term ‘Defense Health Agency’ means 

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1 ment of Defense Directive 5136.13, or such successor 

2 Defense Agency. 

3 ‘‘(3) The term ‘senior executive service’ has the 

4 meaning given that term in section 2101a of title 5.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended by 

7 inserting after the item relating to section 1073b the 

8 following new item: 

‘‘1073c. Administration of Defense Health Agency and military medical treatment 

facilities.’’. 

9 (b) IMPLEMENTATION PLAN.— 

10 (1) IN GENERAL.—The Secretary of Defense shall 

11 develop a plan to implement section 1073c of title 10, 

12 United States Code, as added by subsection (a). 

13 (2) ELEMENTS.—The plan developed under 

14 paragraph (1) shall include the following: 

15 (A) How the Secretary will carry out sub16 section (a) of such section 1073c. 

17 (B) Efforts to minimize potentially duplica18 tive activities carried out by the elements of the 

19 Defense Health Agency. 

20 (C) Efforts to maximize efficiencies in the 

21 activities carried out by the Defense Health 

22 Agency. 

23 (D) How the Secretary will implement such 

24 section 1073 in a manner that does not increase 


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1 the number of full-time equivalent employees of 

2 the headquarters activities of the military health 

3 system as of the date of the enactment of this 

4 Act. 

5 (c) REPORTS.— 

6 (1) INTERIM REPORT.—Not later than March 1, 

7 2017, the Secretary shall submit to the congressional 

8 defense committees a report containing— 

9 (A) a preliminary draft of the plan devel10 oped under subsection (b)(1); and 

11 (B) any recommendations for legislative ac12 tions the Secretary determines necessary to carry 

13 out the plan. 

14 (2) FINAL REPORT.—Not later than March 1, 

15 2018, the Secretary shall submit to the congressional 

16 defense committees a report containing the final 

17 version of the plan developed under subsection (b)(1). 

18 (3) COMPTROLLER GENERAL REVIEWS.— 

19 (A) The Comptroller General of the United 

20 States shall submit to the congressional defense 

21 committees— 

22 (i) a review of the preliminary draft of 

23 the plan submitted under paragraph (1) by 

24 not later than September 1, 2017; and 


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1 (ii) a review of the final version of the 

2 plan submitted under paragraph (2) by not 

3 later than September 1, 2018. 

4 (B) Each review of the plan conducted 

5 under paragraph (A) shall determine whether the 

6 Secretary has addressed the required elements for 

7 the plan under subsection (b)(2). 

8 SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES. 

9 (a) ADMINISTRATION.— 

10 (1) IN GENERAL.—Chapter 55 of title 10, United 

11 States Code, as amended by section 702, is further 

12 amended by inserting after section 1073c the fol13 lowing new section: 

14 ‘‘§ 1073d. Military medical treatment facilities 

15 ‘‘(a) IN GENERAL.—To support the medical readiness 

16 of the armed forces and the readiness of medical personnel, 

17 the Secretary of Defense, in consultation with the Secre18 taries of the military departments, shall maintain the mili19 tary medical treatment facilities described in subsections 

20 (b), (c), and (d). 

21 ‘‘(b) MEDICAL CENTERS.—(1) The Secretary of De22 fense shall maintain medical centers in areas with a large 

23 population of members of the armed forces and covered 

24 beneficiaries. 


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1 ‘‘(2) Medical centers shall serve as referral facilities for 

2 members and covered beneficiaries who require comprehen3 sive health care services that support medical readiness. 

4 ‘‘(3) Medical centers shall consist of the following: 

5 ‘‘(4) Inpatient and outpatient tertiary care fa6 cilities that incorporate specialty and subspecialty 

7 care. 

8 ‘‘(5) Graduate medical education programs. 

9 ‘‘(6) Residency training programs. 

10 ‘‘(7) Level one or level two trauma care capabili11 ties. 

12 ‘‘(c) HOSPITALS.—(1) The Secretary of Defense shall 

13 maintain hospitals in areas where civilian health care fa14 cilities are unable to support the health care needs of mem15 bers of the armed forces and covered beneficiaries. 

16 ‘‘(2) Hospitals shall provide— 

17 ‘‘(A) inpatient and outpatient health services to 

18 maintain medical readiness; and 

19 ‘‘(B) such other programs and functions as the 

20 Secretary determines appropriate. 

21 ‘‘(3) Hospitals shall consist of inpatient and out22 patient care facilities with limited specialty care that the 

23 Secretary determines— 

24 ‘‘(A) is cost effective; or 


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1 ‘‘(B) is not available at civilian health care fa2 cilities in the area of the hospital. 

3 ‘‘(d) AMBULATORY CARE CENTERS.—(1) The Sec4 retary of Defense shall maintain ambulatory care centers 

5 in areas where civilian health care facilities are able to sup6 port the health care needs of members of the armed forces 

7 and covered beneficiaries. 

8 ‘‘(2) Ambulatory care centers shall provide the out9 patient health services required to maintain medical readi10 ness, including with respect to partnerships established pur11 suant to section 707 of the National Defense Authorization 

12 Act for Fiscal Year 2017. 

13 ‘‘(3) Ambulatory care centers shall consist of out14 patient care facilities with limited specialty care that the 

15 Secretary determines— 

16 ‘‘(A) is cost effective; or 

17 ‘‘(B) is not available at civilian health care fa18 cilities in the area of the ambulatory care center.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of such chapter, as amended by 

21 section 702, is further amended by inserting after the 

22 item relating to section 1073c the following new item: 

‘‘1073d. Military medical treatment facilities.’’. 

23 (b) UPDATE OF STUDY.— 

24 (1) IN GENERAL.—The Secretary of Defense, in 

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1 partments, shall update the report described in para2 graph (2) to address the restructuring or realignment 

3 of military medical treatment facilities pursuant to 

4 section 1073d of title 10, United States Code, as 

5 added by subsection (a), including with respect to any 

6 expansions or consolidations of such facilities. 

7 (2) REPORT DESCRIBED.—The report described 

8 in this paragraph is the Military Health System 

9 Modernization Study dated May 29th, 2015, required 

10 by section 713(a)(2) of the Carl Levin and Howard 

11 P. ‘‘Buck’’ McKeon National Defense Authorization 

12 Act for Fiscal Year 2015 (Public Law 113–291; 128 

13 Stat. 3414). 

14 (3) SUBMISSION.—Not later than 270 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Defense shall submit to the congressional defense com17 mittees the updated report under paragraph (1). 

18 (c) IMPLEMENTATION PLAN.— 

19 (1) IN GENERAL.—Not later than two years after 

20 the date of the enactment of this Act, the Secretary of 

21 Defense shall submit to the congressional defense com22 mittees an implementation plan to restructure or re23 align the military medical treatment facilities pursu24 ant to section 1073d of title 10, United States Code, 

25 as added by subsection (a). 


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1 (2) ELEMENTS.—The implementation plan 

2 under paragraph (1) shall include the following: 

3 (A) With respect to each military medical 

4 treatment facility— 

5 (i) whether the facility will be re6 aligned or restructured under the plan; 

7 (ii) whether the functions of such facil8 ity will be expanded or consolidated; 

9 (iii) the costs of such realignment or 

10 restructuring; 

11 (iv) a description of any changes to the 

12 military and civilian personnel assigned to 

13 such facility as of the date of the plan; 

14 (v) a timeline for such realignment or 

15 restructuring; and 

16 (vi) the justifications for such realign17 ment or restructuring, including an assess18 ment of the capacity of the civilian health 

19 care facilities located near such facility. 

20 (B) A description of the relocation of the 

21 graduate medical education programs and the 

22 residency programs. 


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1 SEC. 704. ACCESS TO URGENT CARE UNDER TRICARE PRO2 GRAM. 

3 (a) IN GENERAL.—Chapter 55 of title 10, United 

4 States Code, is amended by inserting after section 1077 the 

5 following new section: 

6 ‘‘§ 1077a. Access to military medical treatment facili7 ties and other facilities 

8 ‘‘(a) URGENT CARE.—(1) Beginning not later than 

9 one year after the date of the enactment of this section, the 

10 Secretary of Defense shall ensure that military medical 

11 treatment facilities, at locations the Secretary determines 

12 appropriate, provide urgent care services for members of the 

13 armed forces and covered beneficiaries until 11:00 p.m each 

14 day. 

15 ‘‘(2) With respect to areas in which a military medical 

16 treatment facility covered by paragraph (1) is not located, 

17 the Secretary shall ensure that members of the armed forces 

18 and covered beneficiaries may access urgent care clinics 

19 that are open during the hours specified in such paragraph 

20 through the health care provider network under the 

21 TRICARE program. 

22 ‘‘(3) A covered beneficiary may access urgent care serv23 ices without the need for preauthorization for such services. 

24 ‘‘(4) The Secretary shall— 

25 ‘‘(A) publish information about changes in access 

26 to urgent care under the TRICARE program— 


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1 ‘‘(i) on the primary publicly available 

2 Internet website of the Department; and 

3 ‘‘(ii) on the primary publicly available 

4 website of each military treatment facility; and 

5 ‘‘(B) ensure that such information is made 

6 available on the publically available Internet website 

7 of each current managed care contractor that has es8 tablished a health care provider network under the 

9 TRICARE program. 

10 ‘‘(b) NURSE ADVICE LINE.—The Secretary shall en11 sure that the nurse advice line of the Department directs 

12 covered beneficiaries seeking access to care to the source of 

13 the most appropriate level of health care required to treat 

14 the medical conditions of the beneficiaries, including urgent 

15 care services described in subsection (a).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of such chapter is amended by inserting after 

18 the item relating to section 1077 the following new item: 

‘‘1077a. Access to military medical treatment facilities and other facilities’’. 

19 SEC. 705. ACCESS TO PRIMARY CARE CLINICS AT MILITARY 

20 MEDICAL TREATMENT FACILITIES. 

21 (a) IN GENERAL.—Section 1077a of title 10, United 

22 States Code, as added by section 704, is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(c) PRIMARY CARE CLINICS.—(1) The Secretary shall 

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1 ment facilities are available for members of the armed forces 

2 and covered beneficiaries between the hours determined ap3 propriate under paragraph (2), including with respect to 

4 expanded hours described in subparagraph (B) of such 

5 paragraph. 

6 ‘‘(2)(A) The Secretary shall determine the hours that 

7 each primary care clinic at a military medical treatment 

8 facility is available for members of the armed forces and 

9 covered beneficiaries based on— 

10 ‘‘(i) the needs of the military treatment facility 

11 to meet the access standards under the TRICARE 

12 Prime program; and 

13 ‘‘(ii) the primary care usage patterns of members 

14 and covered beneficiaries at such military medical 

15 treatment facility. 

16 ‘‘(B) The primary care clinic hours at a military med17 ical treatment facility determined under subparagraph (A) 

18 shall include expanded hours beyond regular business hours 

19 during weekdays and the weekend if the Secretary deter20 mines under such subparagraph that sufficient demand ex21 ists at the military medical treatment facility for such ex22 panded primary care clinic hours.’’. 

23 (b) IMPLEMENTATION.—The Secretary of Defense shall 

24 implement subsection (c) of section 1077a of title 10, United 


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1 States Code, as added by subsection (a), by not later than 

2 180 days after the date of the enactment of this Act. 

3 SEC. 706. INCENTIVES FOR VALUE-BASED HEALTH UNDER 

4 TRICARE PROGRAM. 

5 (a) IN GENERAL.—Chapter 55 of title 10, United 

6 States Code, is amended by inserting after section 1095g 

7 the following new section: 

8 ‘‘§ 1095h. TRICARE program: value-based health care 

9 ‘‘(a) IN GENERAL.—The Secretary of Defense may de10 velop and implement value-based incentive programs as 

11 part of any contract awarded under this chapter for the 

12 provision of health care services to covered beneficiaries to 

13 encourage health care providers under the TRICARE pro14 gram (including physicians, hospitals, and other persons 

15 and facilities involved in providing such health care serv16 ices) to improve the following: 

17 ‘‘(1) The quality of health care provided to cov18 ered beneficiaries under the TRICARE program. 

19 ‘‘(2) The experience of covered beneficiaries in re20 ceiving health care under the TRICARE program. 

21 ‘‘(3) The health of covered beneficiaries. 

22 ‘‘(b) VALUE-BASED INCENTIVE PROGRAMS.—(1) In de23 veloping value-based incentive programs under subsection 

24 (a), the Secretary shall— 


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1 ‘‘(A) link payments to health care providers 

2 under the TRICARE program to improved perform3 ance with respect to quality, cost, and reducing the 

4 provision of inappropriate care; 

5 ‘‘(B) consider the characteristics of the popu6 lation of covered beneficiaries affected by the value7 based incentive program; 

8 ‘‘(C) consider how the value-based incentive pro9 gram would affect the receipt of health care under the 

10 TRICARE program by such covered beneficiaries; 

11 ‘‘(D) establish or maintain an assurance that 

12 such covered beneficiaries will have timely access to 

13 health care during the operation of the value-based in14 centive program; 

15 ‘‘(E) ensure that such covered beneficiaries do 

16 not incur any additional costs by reason of the value17 based incentive program; and 

18 ‘‘(F) consider such other factors as the Secretary 

19 considers appropriate. 

20 ‘‘(2) With respect to a value-based incentive program 

21 developed and implemented under subsection (a), the Sec22 retary shall ensure that— 

23 ‘‘(A) the size, scope, and duration of the value24 based incentive program is reasonable in relation to 

25 the purpose of the value-based incentive program; and 


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1 ‘‘(B) the value-based incentive program relies on 

2 the core quality performance metrics pursuant to sec3 tion 711 of the National Defense Authorization Act 

4 for Fiscal Year 2017. 

5 ‘‘(c) USE OF EXISTING MODELS.—In developing a 

6 value-based incentive program under subsection (a), the 

7 Secretary may adapt a value-based incentive program con8 ducted by a TRICARE managed care support contractor, 

9 the Centers for Medicare & Medicaid Services, or any other 

10 governmental or commercial health care program.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by inserting after 

13 the item relating to section 1095g the following new item: 

‘‘1095h. TRICARE program: value-based health care.’’. 

14 (c) BRIEFINGS.— 

15 (1) PRIOR TO CERTAIN CONTRACT MODIFICA16 TIONS.—Not later than 60 days before the date on 

17 which the Secretary of Defense modifies a contract 

18 awarded under chapter 55 of title 10, United States 

19 Code, to implement a value-based incentive program 

20 under section 1095h of such title, as added by sub21 section (a), the Secretary shall provide to the Com22 mittees on Armed Services of the House of Represent23 atives and the Senate (and any other appropriate 

24 congressional committee upon request) a briefing on 


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1 any implementation plan of the Secretary with re2 spect to such a value-based incentive program. 

3 (2) ANNUAL BRIEFING.—Not later than one year 

4 after the date of the enactment of this Act, and annu5 ally thereafter through 2022, the Secretary shall pro6 vide to the Committees on Armed Services of the 

7 House of Representatives and the Senate (and any 

8 other appropriate congressional committee upon re9 quest) a briefing on the quality performance metrics 

10 and expenditures relating to a value-based incentive 

11 program developed and implemented under section 

12 1095h of title 10, United States Code, as added by 

13 subsection (a). 

14 (3) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—In this subsection, the term ‘‘appropriate con16 gressional committees’’ means— 

17 (A) the congressional defense committees; 

18 and 

19 (B) the Committee on Transportation and 

20 Infrastructure of the House of Representatives 

21 and the Committee on Commerce, Science, and 

22 Transportation of the Senate. 


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1 SEC. 707. IMPROVEMENTS TO MILITARY-CIVILIAN PARTNER2 SHIPS TO INCREASE ACCESS TO HEALTH 

3 CARE AND READINESS. 

4 (a) PARTNERSHIP AGREEMENTS.—Subsection (a) of 

5 section 1096 of title 10, United States Code, is amended 

6 to read as follows: 

7 ‘‘(a) PARTNERSHIP AGREEMENTS.—The Secretary of 

8 Defense may enter into a partnership agreement between 

9 facilities of the uniformed services and local or regional 

10 health care systems if the Secretary determines that such 

11 an agreement would— 

12 ‘‘(1) result in the delivery of health care to which 

13 covered beneficiaries are entitled under this chapter 

14 in a more effective, efficient, or economical manner; 

15 or 

16 ‘‘(2) provide members of the armed forces with 

17 additional training opportunities to maintain readi18 ness requirements.’’. 

19 (b) IN GENERAL.—Such section 1096 is further 

20 amended— 

21 (1) by redesignating subsections (c) and (d) as 

22 subsections (f) and (g), respectively; and 

23 (2) by inserting after subsection (b) the following 

24 new subsections: 

25 ‘‘(c) CRITERIA.—In entering into an agreement under 

26 subsection (a) between a facility of the uniformed services 


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1 and a local or regional health care system, the Secretary 

2 shall— 

3 ‘‘(1) identify and analyze— 

4 ‘‘(A) the health care delivery options pro5 vided by the local or regional health care system; 

6 and 

7 ‘‘(B) the health care services provided by the 

8 facility; 

9 ‘‘(2) assess— 

10 ‘‘(A) how such agreement affects the delivery 

11 of health care at the facility and the readiness of 

12 the members of the uniformed services; 

13 ‘‘(B) the viability of the agreement with re14 spect to succeeding on a long-term basis in the 

15 local community of the facility; and 

16 ‘‘(C) the cost efficiency and effectiveness of 

17 the agreement; and 

18 ‘‘(3) consult with— 

19 ‘‘(A) the Secretary concerned; 

20 ‘‘(B) representatives from such facility, in21 cluding the leadership of the installation at 

22 which the facility is located, the leadership of the 

23 facility, and covered beneficiaries at such instal24 lation; 


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1 ‘‘(C) the TRICARE managed care support 

2 contractor with responsibility for such facility; 

3 ‘‘(D) officials of the Federal, State, and 

4 local governments, as appropriate; and 

5 ‘‘(E) representatives from the local or re6 gional health care system. 

7 ‘‘(d) LOCAL CONSORTIUM.—The Secretary shall ensure 

8 that an agreement entered into under subsection (a) between 

9 a facility of the uniformed services and a local or regional 

10 health care system is developed by a consortium rep11 resenting the community of the facility and such health care 

12 system. 

13 ‘‘(e) BIENNIAL EVALUATION.—The Secretary of De14 fense shall evaluate each agreement entered into under sub15 section (a) on a biennial basis to— 

16 ‘‘(1) assess whether the agreement provides in17 creased access to health care for covered beneficiaries; 

18 ‘‘(2) assess the training opportunities to main19 tain readiness requirements provided pursuant to 

20 such agreement; and 

21 ‘‘(3) determine whether such agreement should 

22 continue.’’. 

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1 nated by subsection (a), is amended by striking ‘‘up to $500 

2 of’’. 

3 SEC. 708. JOINT TRAUMA SYSTEM. 

4 (a) PLAN.— 

5 (1) IN GENERAL.—Not later than 180 days after 

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

7 Defense shall submit to the Committees on Armed 

8 Services of the House of Representatives and the Sen9 ate an implementation plan to establish a Joint 

10 Trauma System within the Defense Health Agency 

11 that promotes improved trauma care to members of 

12 the Armed Forces and other individuals who are eligi13 ble to be treated for trauma at a military medical 

14 treatment facility. 

15 (2) IMPLEMENTATION.—The Secretary shall im16 plement the plan under paragraph (1) after a 90-day 

17 period has elapsed following the date on which the 

18 Comptroller General of the United States is required 

19 to submit to the Committees on Armed Services of the 

20 House of Representatives and the Senate the review 

21 under subsection (c). In implementing such plan, the 

22 Secretary shall take into account any recommenda23 tion made by the Comptroller General under such re24 view. 


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1 (b) ELEMENTS.—The Joint Trauma System described 

2 in subsection (a)(1) shall include the following elements: 

3 (1) Serve as the reference body for all trauma 

4 care provided across the military health system. 

5 (2) Establish standards of care for trauma serv6 ices provided at military medical treatment facilities. 

7 (3) Coordinate the translation of research from 

8 the centers of excellence of the Department of Defense 

9 into standards of clinical trauma care. 

10 (4) Coordinate the incorporation of lessons 

11 learned from the trauma education and training 

12 partnerships pursuant to section 709 into clinical 

13 practice. 

14 (c) REVIEW.—Not later than 120 days after the date 

15 on which the Secretary submits to the Committees on Armed 

16 Services of the House of Representatives and the Senate the 

17 implementation plan under subsection (a)(1), the Comp18 troller General of the United States shall submit to such 

19 committees a review of such plan to determine if each ele20 ment under subsection (b) is included in such plan. 

21 (d) REVIEW OF MILITARY TRAUMA SYSTEM.—In es22 tablishing a Joint Trauma System, the Secretary of Defense 

23 may seek to enter into an agreement with a non-govern24 mental entity with subject matter experts to— 


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1 (1) conduct a system-wide review of the military 

2 trauma system; and 

3 (2) make publicly available a report containing 

4 such review and recommendations to establish a com5 prehensive trauma system for the Armed Forces. 

6 SEC. 709. JOINT TRAUMA EDUCATION AND TRAINING DI7 RECTORATE. 

8 (a) ESTABLISHMENT.—The Secretary of Defense shall 

9 establish a Joint Trauma Education and Training Direc10 torate (in this section referred to as the ‘‘Directorate’’) to 

11 ensure that the traumatologists of the Armed Forces main12 tain readiness and are able to be rapidly deployed for future 

13 armed conflicts. The Secretary shall carry out this section 

14 in collaboration with the Secretaries of the military depart15 ments. 

16 (b) DUTIES.—The duties of the Directorate are as fol17 lows: 

18 (1) To enter into and coordinate the partner19 ships under subsection (c). 

20 (2) To establish the goals of such partnerships 

21 necessary for trauma combat casualty care teams led 

22 by traumatologists to maintain professional com23 petency in trauma care. 


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1 (3) To establish metrics for measuring the per2 formance of such partnerships in achieving such 

3 goals. 

4 (4) To develop methods of data collection and 

5 analysis for carrying out paragraph (3). 

6 (5) To communicate and coordinate lessons 

7 learned from such partnerships with the Joint Trau8 ma System established under section 708. 

9 (c) PARTNERSHIPS.— 

10 (1) IN GENERAL.—The Secretary shall enter into 

11 partnerships with civilian academic medical centers 

12 and large metropolitan teaching hospitals that have 

13 level I civilian trauma centers. 

14 (2) TRAUMA COMBAT CASUALTY CARE TEAMS.— 

15 Under the partnerships entered into with civilian 

16 academic medical centers and large metropolitan 

17 teaching hospitals under paragraph (1), trauma com18 bat casualty care teams of the Armed Forces led by 

19 traumatologists of the Armed Forces shall embed 

20 within the trauma centers of the medical centers and 

21 hospitals on an enduring basis. 

22 (3) SELECTION.—The Secretary shall select civil23 ian academic medical centers and large metropolitan 

24 teaching hospitals to enter into partnerships under 

25 paragraph (1) based on patient volume, acuity, and 


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1 other factors the Secretary determines necessary to en2 sure that the traumatologists of the Armed Forces and 

3 the associated clinical support teams have adequate 

4 and continuous exposure to critically injured pa5 tients. 

6 (4) CONSIDERATION.—In entering into partner7 ships under paragraph (1), the Secretary may con8 sider the experiences and lessons learned by the mili9 tary departments that have entered into memoranda 

10 of understanding with civilian medical centers for 

11 trauma care. 

12 (d) ANALYSIS.—The Secretary of Defense shall conduct 

13 an analysis to determine the number of traumatologists of 

14 the Armed Forces, by specialty, that must be maintained 

15 within the Department of Defense to meet the requirements 

16 of the combatant commands. 

17 (e) IMPLEMENTATION PLAN.—Not later than July 1, 

18 2017, the Secretary shall submit to the Committees on 

19 Armed Services of the House of Representatives and the 

20 Senate an implementation plan for establishing the Joint 

21 Trauma Education and Training Directorate under sub22 section (a) and entering into partnerships under subsection 

23 (c). 

24 (f) LEVEL I CIVILIAN TRAUMA CENTER DEFINED.— 

25 In this section, the term ‘‘level I civilian trauma center’’ 


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1 means a comprehensive regional resource that is a tertiary 

2 care facility central to the trauma system and is capable 

3 of providing total care for every aspect of injury from pre4 vention through rehabilitation. 

5 SEC. 710. IMPROVEMENTS TO ACCESS TO HEALTH CARE IN 

6 MILITARY MEDICAL TREATMENT FACILITIES. 

7 (a) FIRST CALL RESOLUTION.— 

8 (1) IN GENERAL.—The Secretary of Defense shall 

9 implement standard processes to ensure that, in the 

10 case of a beneficiary contacting a military medical 

11 treatment facility over the telephone for, at a min12 imum, scheduling an appointment, requesting a pre13 scription drug refill, and other matters determined 

14 appropriate by the Secretary, the needs of the bene15 ficiary are met during the first such telephone call. 

16 (2) METRICS.—The Secretary shall— 

17 (A) develop metrics, collect data, and evalu18 ate the performance of the processes implemented 

19 under paragraph (1); and 

20 (B) carry out satisfaction surveys to mon21 itor the satisfaction of beneficiaries with such 

22 processes, including with respect to the satisfac23 tion regarding access to appointments and pa24 tient care. 

25 (b) APPOINTMENT SCHEDULING.— 


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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 request 

13 for the appointment. 

14 (B) A process to remind a beneficiary of fu15 ture 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 speci20 fied 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 

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1 sider civilian benchmarks for measuring the produc2 tivity of health care providers, the optimal number of 

3 appointments (patient contact hours) required to 

4 maintain access according to the standards developed 

5 by the Secretary, and readiness requirements. 

6 (2) MANAGING USE OF FACE-TO-FACE APPOINT7 MENTS.—The Secretary shall implement strategies for 

8 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 dis13 cretion of the health care provider and the bene14 ficiary; 

15 (B) the implementation of remote patient 

16 monitoring of chronic conditions to improve out17 comes and reduce the number of follow-up ap18 pointments for beneficiaries; and 

19 (C) maximizing the use of secure messaging 

20 between health care providers and beneficiaries 

21 to improve the access of beneficiaries to health 

22 care and reduce the number of visits for health 

23 care needs. 


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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 Sec5 retary shall provide the Committees on Armed Services of 

6 the House of Representatives and the Senate a briefing on 

7 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) of 

11 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 after 

16 the date of the enactment of this Act, the Secretary of 

17 Defense shall adopt the core quality performance 

18 metrics agreed upon by the Core Quality Measures 

19 Collaborative for use by the military health system 

20 and in contracts awarded to carry out the TRICARE 

21 program. 

22 (2) CORE MEASURES.—The core quality perform23 ance metrics described in paragraph (1) shall include 

24 the following sets: 


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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 perform15 ance measures reported by health care providers. 

16 (2) The term ‘‘TRICARE program’’ has the 

17 meaning given that term in section 1072 of title 10, 

18 United States Code. 

19 SEC. 712. STUDY ON IMPROVING CONTINUITY OF HEALTH 

20 CARE COVERAGE FOR RESERVE COMPO21 NENTS. 

22 (a) STUDY.—The Secretary of Defense shall conduct a 

23 study of options for providing health care coverage that im24 proves the continuity of health care provided to current and 


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1 former members of the Selected Reserve of the Ready Reserve 

2 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) shall 

10 address the following: 

11 (1) Whether to allow current and former mem12 bers of the Selected Reserve to participate in the Fed13 eral Employees Health Benefit Program under chap14 ter 89 of title 5. 

15 (2) Whether to pay a stipend to current and 

16 former members to continue coverage in a health plan 

17 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. 


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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 Selected 

7 Reserve, including the leadership of the Selected Reserve. 

8 (d) SUBMISSION.— 

9 (1) REPORT.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary shall 

11 submit to the congressional defense committees a re12 port on the study under subsection (a). 

13 (2) MATTERS INCLUDED.—The report under 

14 paragraph (1) shall include the following: 

15 (A) A description of the health care coverage 

16 options addressed by the Secretary under sub17 section (b). 

18 (B) Identification of such health care cov19 erage option that the Secretary recommends as 

20 the best option. 

21 (C) The justifications for such recommended 

22 best option. 

23 (D) The number and proportion of the cur24 rent and former members of the Selected Reserve 


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1 projected to participate in such recommended 

2 best option. 

3 (E) A determination of the appropriate cost 

4 sharing for such recommended best option with 

5 respect to the percentage contribution as a 

6 monthly premium for current members of the Se7 lected Reserve. 

8 (F) An estimate of the cost of implementing 

9 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 amend17 ed— 

18 (1) in subsection (a)(16), by striking ‘‘A hearing 

19 aid’’ and inserting ‘‘Except as provided by subsection 

20 (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 


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1 under this section to dependents of former members of the 

2 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 for 

11 certain members of the National Guard 

12 and dependents during certain disaster 

13 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 the 

19 member for health care benefits under the TRICARE pro20 gram if such period immediately follows a period in which 

21 the member served on full-time National Guard duty under 

22 section 502(f) of title 32, including pursuant to chapter 9 

23 of such title, unless the Governor of the State (or, with re24 spect to the District of Columbia, the mayor of the District 


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1 of Columbia) determines that such extended eligibility is not 

2 in the best interest of the member or the State. 

3 ‘‘(b) CONTRIBUTION BY STATE.—(1) The Secretary 

4 may charge a State for the costs of providing coverage under 

5 the TRICARE program to members of the National Guard 

6 of the State and the dependents of the members pursuant 

7 to subsection (a). Such charges shall be paid from the funds 

8 of the State or from any other non-Federal funds. 

9 ‘‘(2) Any amounts received by the Secretary under 

10 paragraph (1) shall be credited to the appropriation avail11 able for the Defense Health Program Account under section 

12 1100 of this title, shall be merged with sums in such Ac13 count that are available for the fiscal year in which col14 lected, and shall be available under subsection (b) of such 

15 section, including to carry out subsection (a) of this section. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘disaster response duty’ means 

18 duty performed by a member of the National Guard 

19 in State status pursuant to an emergency declaration 

20 by the Governor of the State (or, with respect to the 

21 District of Columbia, the mayor of the District of Co22 lumbia) in response to a disaster or in preparation 

23 for an imminent disaster. 

24 ‘‘(2) The term ‘State’ means each of the several 

25 States, the District of Columbia, the Commonwealth 


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1 of Puerto Rico, and any territory or possession of the 

2 United States.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such chapter is amended by inserting after 

5 the item relating to section 1076e the following new item: 

‘‘1076f. TRICARE program: extension of coverage for certain members of the National Guard and dependents during certain disaster response 

duty.’’. 

6 Subtitle C—Health Care 

7 Administration 

8 SEC. 731. PROSPECTIVE PAYMENT OF FUNDS NECESSARY 

9 TO PROVIDE MEDICAL CARE FOR THE COAST 

10 GUARD. 

11 (a) IN GENERAL.—Chapter 13 of title 14, United 

12 States Code, is amended by adding at the end the following: 

13 ‘‘§ 519. Prospective payment of funds necessary to pro14 vide medical care 

15 ‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In lieu of 

16 the reimbursement required under section 1085 of title 10, 

17 the Secretary of Homeland Security shall make a prospec18 tive payment to the Secretary of Defense of an amount that 

19 represents the actuarial valuation of treatment or care— 

20 ‘‘(1) that the Department of Defense shall pro21 vide to members of the Coast Guard, former members 

22 of the Coast Guard, and dependents of such members 

23 and former members (other than former members and 

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1 gible beneficiary or for whom the payment for treat2 ment or care is made from the Medicare-Eligible Re3 tiree Health Care Fund) at facilities under the juris4 diction of the Department of Defense or a military 

5 department; and 

6 ‘‘(2) for which a reimbursement would otherwise 

7 be made under section 1085. 

8 ‘‘(b) AMOUNT.—The amount of the prospective pay9 ment under subsection (a) shall be— 

10 ‘‘(1) in the case of treatment or care to be pro11 vided to members of the Coast Guard and their de12 pendents, derived from amounts appropriated for the 

13 operating expenses of the Coast Guard; 

14 ‘‘(2) in the case of treatment or care to be pro15 vided former members of the Coast Guard and their 

16 dependents, derived from amounts appropriated for 

17 retired pay; 

18 ‘‘(3) determined under procedures established by 

19 the Secretary of Defense; 

20 ‘‘(4) paid during the fiscal year in which treat21 ment or care is provided; and 

22 ‘‘(5) subject to adjustment or reconciliation as 

23 the Secretaries determine appropriate during or 

24 promptly after such fiscal year in cases in which the 


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1 prospective payment is determined excessive or insuf2 ficient based on the services actually provided. 

3 ‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERVICE IN

4 NAVY.—No prospective payment shall be made under this 

5 section for any period during which the Coast Guard oper6 ates as a service in the Navy. 

7 ‘‘(d) RELATIONSHIP TO TRICARE.—This section shall 

8 not be construed to require a payment for, or the prospective 

9 payment of an amount that represents the value of, treat10 ment or care provided under any TRICARE program.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chapter 

12 13 of title 14, United States Code, is amended by adding 

13 at the end the following: 

‘‘519. Prospective payment of funds necessary to provide medical care.’’. 

14 (c) REPEAL.—Section 217 of the Coast Guard Author15 ization Act of 2016 (Public Law 114–120), as amended by 

16 section 3504, and the item relating to that section in the 

17 table of contents in section 2 of such Act, are repealed. 

18 Subtitle D—Reports and Other 

19 Matters 

20 SEC. 741. MENTAL HEALTH RESOURCES FOR MEMBERS OF 

21 THE MILITARY SERVICES AT HIGH RISK OF 

22 SUICIDE. 

23 (a) IN GENERAL.—The Secretary of Defense shall de24 velop a methodology that identifies which members of the 

25 military services are at high risk of suicide. 


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1 (b) MENTAL HEALTH RESOURCES.— 

2 (1) HIGH RISK MEMBERS OF THE MILITARY

3 SERVICES.—The Secretary of Defense shall use the re4 sults under subsection (c) to— 

5 (A) identify which units have a dispropor6 tionately high rate of suicide and suicide at7 tempts; and 

8 (B) provide additional preventative and 

9 treatment resources for mental health for mem10 bers of the military services who were deployed 

11 with the units identified under subparagraph 

12 (A). 

13 (2) PREVENTATIVE MENTAL HEALTH CARE.—The 

14 Secretary of Defense shall use the results under sub15 section (c) to— 

16 (A) identify the circumstances of deploy17 ments associated with increased vulnerability to 

18 suicide, including the length of deployment, the 

19 region and area of deployment, and the nature 

20 and extent to which there was contact with 

21 enemy forces; and 

22 (B) provide additional preventative mental 

23 health care to units who currently are, or will be, 

24 deployed under circumstances similar to those of 

25 subparagraph (A). 


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1 (c) METHODOLOGY.—Not later than 180 days after the 

2 date of the enactment of this Act, the Secretary of Defense 

3 shall develop a methodology to assess the rate of suicide and 

4 suicide attempts of members of the military services of units 

5 that have been deployed in support of a contingency oper6 ation after September 11, 2001. 

7 (d) REPORTS.—Not later than September 30, 2017, the 

8 Secretary of Defense shall submit to the Committee on 

9 Armed Services of the House of Representatives and the 

10 Committee on Armed Services of the Senate a report on the 

11 activities carried out under this section and the effectiveness 

12 of such activities. 

13 (e) RESTRICTION ON USE OF INFORMATION.—Infor14 mation disclosed or obtained pursuant to the provisions of 

15 this section may be used by officers, employees, and contrac16 tors of the Department of Defense only for the purposes of, 

17 and to the extent necessary in, carrying out this section. 

18 (f) MILITARY SERVICES DEFINED.—In this section, the 

19 term ‘‘military services’’ means the Army, Navy, Air Force, 

20 and the Marine Corps, including the reserve components 

21 thereof. 

22 SEC. 742. RESEARCH OF CHRONIC TRAUMATIC 

23 ENCEPHALOPATHY. 

24 Of the funds authorized to be appropriated by this Act 

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1 vanced development for research, development, test, and 

2 evaluation for the Defense Health Program, not more than 

3 $25,000,000 may be used to award grants to medical re4 searchers and universities to support research into early de5 tection of chronic traumatic encephalopathy. 

6 SEC. 743. ACTIVE OSCILLATING NEGATIVE PRESSURE 

7 TREATMENT. 

8 In furnishing health care and medical treatment to 

9 members of the Armed Forces who have incurred injuries 

10 from improvised explosive devices and other blast-related 

11 events, the Secretary of Defense shall consider using non12 invasive technologies that increase blood flow to areas of re13 duced circulation, including through the use of active oscil14 lating negative pressure treatment. 

15 SEC. 744. LONG-TERM STUDY ON HEALTH OF HELICOPTER 

16 AND TILTROTOR PILOTS. 

17 (a) STUDY REQUIRED.—The Secretary of Defense shall 

18 carry out a long-term study of career helicopter and 

19 tiltrotor pilots to assess potential links between the oper20 ation of helicopter and tiltrotor aircraft and acute and 

21 chronic medical conditions experienced by such pilots. 

22 (b) ELEMENTS.—The study under subsection (a) shall 

23 include the following: 

24 (1) A study of career helicopter and tiltrotor pi25 lots compared to a control population that— 


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1 (A) takes into account the amount of time 

2 such pilots operated aircraft; 

3 (B) examines the severity and rates of acute 

4 and chronic injuries experienced by such pilots; 

5 and 

6 (C) determines whether such pilots experi7 ence a higher degree of acute and chronic med8 ical conditions than the control population. 

9 (2) If a higher degree of acute and chronic med10 ical conditions is observed among such pilots, an ex11 planation of— 

12 (A) the specific causes of the conditions 

13 (such as whole body vibration, seat and cockpit 

14 ergonomics, landing loads, hard impacts, and 

15 pilot-worn gear); and 

16 (B) any costs associated with treating the 

17 conditions if the causes are not mitigated. 

18 (3) A review of relevant scientific literature and 

19 prior research. 

20 (4) Such other information as the Secretary de21 termines to be appropriate. 

22 (c) DURATION.—The duration of the study under sub23 section (a) shall be not more than 2 years. 

24 (d) BRIEFING.—Not later than June 6, 2017, the Sec25 retary shall provide to the Committees on Armed Services 


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1 of the Senate and House of Representatives (and other con2 gressional defense committees on request) a briefing on the 

3 progress of the Secretary in carrying out the study under 

4 subsection (a). 

5 SEC. 745. PILOT PROGRAM FOR PRESCRIPTION DRUG AC6 QUISITION COST PARITY IN THE TRICARE 

7 PHARMACY BENEFITS PROGRAM. 

8 (a) AUTHORITY TO ESTABLISH PILOT PROGRAM.—The 

9 Secretary of Defense may conduct a pilot program to evalu10 ate whether, in carrying out the TRICARE pharmacy bene11 fits program under section 1074g of title 10, United States 

12 Code, extending additional discounts for prescription drugs 

13 filled at retail pharmacies will maintain or reduce pre14 scription drug costs for the Department of Defense. 

15 (b) ELEMENTS OF PILOT PROGRAM.—In carrying out 

16 the pilot program under subsection (a), the Secretary shall 

17 require that for prescription medications, including but not 

18 limited to non-generic maintenance medications, that are 

19 dispensed to retired TRICARE beneficiaries that are not 

20 Medicare eligible, through any TRICARE participating re21 tail pharmacy, manufacturers shall pay rebates such that 

22 those medications are available to the Department at the 

23 lowest rate available. In addition to utilizing the authority 

24 under section 1074g(f) of title 10, United States Code, the 

25 Secretary shall have the authority to enter into a purchase 


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1 blanket agreement with prescription drug manufactures for 

2 supplemental discounts for prescription drugs dispensed in 

3 the pilot to be paid in the form of manufactures rebates. 

4 (c) CONSULTATION.—The Secretary shall develop the 

5 pilot program in consultation with— 

6 (1) the Secretaries of the military departments, 

7 including Army, Navy and Air Force; 

8 (2) the Chief, Pharmacy Operations Division, of 

9 the Defense Health Agency; and 

10 (3) stakeholders, including TRICARE bene11 ficiaries and retail pharmacies. 

12 (d) DURATION OF PILOT PROGRAM.—If the Secretary 

13 carries out the pilot program under subsection (a), the Sec14 retary shall commence such pilot program no later than Oc15 tober 1, 2017, and may terminate such program no later 

16 than September 30, 2018. 

17 (e) REPORTS.—If the Secretary carries out the pilot 

18 program under subsection (a), the Secretary of Defense shall 

19 submit to the congressional defense committees, including 

20 the House and Senate Committees on Armed Services, re21 ports on the pilot program as follows: 

22 (1) Not later than 90 days after the date of the 

23 enactment of this Act, a report containing an imple24 mentation plan for the pilot program. 


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1 (2) Not later than 180 days after the date on 

2 which the pilot program commences, an interim re3 port on the pilot program. 

4 (3) Not later than 90 days after the date on 

5 which the pilot program terminates, a final report de6 scribing the results of the pilot program, including 

7 any recommendations of the Secretary to expand such 

8 program. The final report will include— 

9 (A) an analysis of the changes in prescrip10 tion drug costs for the Department related to the 

11 pilot program; 

12 (B) an analysis of the impact on bene13 ficiary access to prescription drugs; 

14 (C) a survey of beneficiary satisfaction with 

15 the pilot program; 

16 (D) a summary of any fraud and abuse ac17 tivities related to the pilot and actions taken in 

18 response by the Department; and 

19 (E) a comparison of immunization rates for 

20 beneficiaries participating in the pilot and those 

21 outside of the pilot. 


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1 SEC. 746. STUDY ON DISPLAY OF WAIT TIMES AT URGENT 

2 CARE CLINICS, PHARMACIES, AND EMER3 GENCY ROOMS OF MILITARY MEDICAL TREAT4 MENT FACILITIES. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—The Secretary of Defense shall 

7 conduct a study on the feasibility of placing in a con8 spicuous location at each urgent care clinic of a mili9 tary medical treatment facility, pharmacy of such a 

10 facility, and emergency room of such a facility an 

11 electronic sign that displays the current average wait 

12 time for a patient to be seen by a qualified medical 

13 professional or to receive a filled prescription, as the 

14 case may be. 

15 (2) DETERMINATION OF CERTAIN WAIT TIMES.— 

16 For purposes of conducting the study under para17 graph (1) with respect to urgent care clinics and 

18 emergency rooms, the average wait time that would be 

19 displayed shall be— 

20 (A) determined by calculating, for the four21 hour period preceding the calculation, the aver22 age length of time beginning at the time of the 

23 arrival of a patient and ending at the time at 

24 which the patient is first seen by a doctor of 

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1 sistant, or an advanced registered nurse practi2 tioner; and 

3 (B) updated every 30 minutes. 

4 (b) REPORT.—Not later than March 1, 2017, the Sec5 retary shall submit to the Committees on Armed Services 

6 of the House of Representatives and the Senate a report on 

7 the study conducted under subsection (a)(1), including the 

8 estimated costs for displaying the wait times as described 

9 in such subsection. 

10 SEC. 747. REPORT ON FEASIBILITY OF INCLUDING ACU11 PUNCTURE AND CHIROPRACTIC SERVICES 

12 FOR RETIREES UNDER TRICARE PROGRAM. 

13 Not later than November 1, 2016, the Secretary of De14 fense shall submit to the congressional defense committees 

15 a report on the feasibility of furnishing acupuncture serv16 ices and chiropractic services under the TRICARE program 

17 to beneficiaries who are retired members of the uniformed 

18 services (not including any dependent of such a retired 

19 member). 

20 SEC. 748. CLARIFICATION OF SUBMISSION OF REPORTS ON 

21 LONGITUDINAL STUDY ON TRAUMATIC BRAIN 

22 INJURY. 

23 Section 1080 of the National Defense Authorization 

24 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

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1 mitted by the Secretary of Defense to Congress under section 

2 721 of the John Warner National Defense Authorization Act 

3 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

4 2294). 

5 TITLE VIII—ACQUISITION POL6 ICY, ACQUISITION MANAGE7 MENT, AND RELATED MAT8 TERS 

9 Subtitle A—Amendments to General 

10 Contracting Authorities, Proce11 dures, and Limitations 

12 SEC. 801. REVISION TO AUTHORITIES RELATING TO DE13 PARTMENT OF DEFENSE TEST RESOURCE 

14 MANAGEMENT CENTER. 

15 Section 196 of title 10, United States Code, is amend16 ed— 

17 (1) in subsection (c)(1)(B), by striking ‘‘of the 

18 Major Range and Test Facility Base, including with 

19 respect to the expansion, divestment, consolidation, or 

20 curtailment of activities,’’ and inserting the following: 

21 ‘‘that comprise the Major Range and Test Facility 

22 Base and other facilities and resources used to sup23 port the acquisition programs of the Department of 

24 Defense’’; 

25 (2) in subsection (d)(2)(E)— 


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1 (A) by striking ‘‘plans and business case 

2 analyses supporting any significant modification 

3 of’’ and inserting ‘‘implementation plans and 

4 analyses supporting any significant change to’’; 

5 and 

6 (B) by striking ‘‘including with respect to 

7 the expansion, divestment, consolidation, or cur8 tailment of activities’’; 

9 (3) in subsection (f)— 

10 (A) in the subsection heading, by striking 

11 ‘‘MODIFICATIONS’’ and inserting ‘‘CHANGES’’; 

12 (B) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘modification of the 

15 test’’ and all that follows through ‘‘activi16 ties,’’ and inserting ‘‘change of the test and 

17 evaluation facilities and resources that com18 prise the Major Range and Test Facility 

19 Base and other facilities and resources used 

20 to support the acquisition programs of the 

21 Department of Defense’’; 

22 (ii) in subparagraph (A), by striking 

23 ‘‘a business case analysis for such modifica24 tion’’ and inserting ‘‘an implementation 

25 plan and analysis, including an analysis of 


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1 cost considerations, that supports such a 

2 change’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘analysis and approves such modification’’ 

5 and inserts ‘‘plan and analysis and ap6 proves such change’’; and 

7 (C) in paragraph (2), by striking ‘‘business 

8 case’’ and inserting ‘‘implementation plan and’’; 

9 and 

10 (4) in subsection (i)— 

11 (A) by striking ‘‘In this section, the term’’ 

12 and inserting ‘‘In this section: 

13 ‘‘(1) The term’’; and 

14 (B) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) The term ‘significant change’ means— 

17 ‘‘(A) any action that will limit or preclude 

18 a test and evaluation capability from fully per19 forming its intended purpose; 

20 ‘‘(B) any action that affects the ability of 

21 the Department of Defense to conduct test and 

22 evaluation in a timely or cost-effective manner; 

23 or 

24 ‘‘(C) any expansion or addition that devel25 ops a new significant test capability.’’. 


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1 SEC. 802. AMENDMENTS TO RESTRICTIONS ON 

2 UNDEFINITIZED CONTRACTUAL ACTIONS. 

3 (a) ALLOWABLE PROFIT.—Section 2326(e) of title 10, 

4 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 para9 graph: 

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 after 

13 the end of the 180-day period beginning on the date on 

14 which the contractor submitted the qualifying proposal, the 

15 head of the agency concerned shall ensure that the profit 

16 allowed on the contract accurately reflects the cost risk of 

17 the contractor as it existed on the date the contractor sub18 mitted the qualifying proposal.’’. 

19 (b) FOREIGN MILITARY SALES.—Section 2326 of such 

20 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 following 

24 new subsection (f): 

25 ‘‘(f) FOREIGN MILITARY SALES.—A contracting officer 

26 of the Department of Defense may not enter into an 


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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 con5 tractor 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.—Section 

24 2330a of title 10, United States Code, is amended— 

25 (1) by striking subsections (c), (d), (f), and (g); 


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1 (2) by redesignating subsections (e), (h), (i), and 

2 (j) as subsections (d), (e), (f), and (g), respectively; 

3 and 

4 (3) by inserting after subsection (b) the following 

5 new subsection (c): 

6 ‘‘(c) INVENTORY.—(1) The Secretary of Defense shall 

7 implement a method for inventory of Department of Defense 

8 contracts for services. The method implemented under this 

9 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 deci13 sions and workforce planning in compliance with sec14 tion 129a of this title; 

15 ‘‘(B) distinguish between different types of serv16 ices contracts, including contracts for labor or staff 

17 augmentation and other types of services contracts; 

18 ‘‘(C) provide qualitative information such as the 

19 nature of the work performed, the place where the 

20 work is actually performed (on-site or off-site), and 

21 the entity for which the work is performed; and 

22 ‘‘(D) identify the number of contractor employ23 ees, expressed as full-time equivalents for direct labor, 

24 using direct labor hours and associated cost data col25 lected from contractors. 


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1 ‘‘(2) The Secretary shall ensure that the method imple2 mented under this subsection is auditable at minimal 

3 cost.’’. 

4 (b) IMPLEMENTATION OF INVENTORY METHOD.—Not 

5 later than 90 days after the date of the enactment of this 

6 Act, the Secretary of Defense shall implement a method for 

7 inventory of Department of Defense contracts for services, 

8 as required by subsection (c) of section 2330a, as amended 

9 by subsection (a). In implementing the method, the Sec10 retary shall use methods and systems, including time-and11 attendance systems, or combinations of methods and sys12 tems, in existence as of the date of the enactment of this 

13 Act, as determined appropriate by the Secretary. 

14 (c) SUBMISSION TO CONGRESS.—Not later than the 

15 end of the third quarter of each fiscal year, through fiscal 

16 year 2021, the Secretary of Defense shall submit to Congress 

17 a summary of the inventory reporting activities performed 

18 by each military department, each combatant command, 

19 and each Defense Agency, during the preceding fiscal year 

20 pursuant to contracts for services (and pursuant to con21 tracts for goods to the extent services are a significant com22 ponent of performance as identified in a separate line item 

23 of a contract) for or on behalf of the Department of Defense. 

24 (d) CONFORMING AMENDMENTS.— 


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1 (1) Section 2330a of title 10, United States 

2 Code, is further amended— 

3 (A) in subsection (d), as redesignated by 

4 subsection (a)(2) of this section, by striking 

5 ‘‘Within 90 days after the date on which an in6 ventory is submitted under subsection (c),’’ and 

7 inserting ‘‘Not later than the end of each fiscal 

8 year,’’; and 

9 (B) in subsection (e), as so redesignated— 

10 (i) by striking ‘‘2014 and ending with 

11 2016’’ and inserting ‘‘2017 and ending with 

12 2018’’; and 

13 (ii) by striking ‘‘subsections (e) and 

14 (f)’’ and inserting ‘‘subsection (c)’’. 

15 (2) Section 235(b) of such title is amended— 

16 (A) by striking ‘‘and separately’’ and all 

17 the follows through ‘‘amount requested’’ and in18 serting ‘‘and separately identify the amount re19 quested and the number of full-time contractor 

20 employees (or the equivalent of full-time in the 

21 case of part-time contractor employees)’’; 

22 (B) by striking ‘‘; and’’ and inserting a pe23 riod; and 

24 (C) by striking paragraph (2). 


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1 SEC. 804. PROCUREMENT OF PERSONAL PROTECTIVE 

2 EQUIPMENT. 

3 Section 884 of the National Defense Authorization Act 

4 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 948; 

5 10 U.S.C. 2302 note) is amended— 

6 (1) by inserting ‘‘(a) REQUIREMENT.—’’ before 

7 ‘‘The Secretary of Defense’’; 

8 (2) by striking ‘‘that is predominately’’ and all 

9 that follows through ‘‘price’’ and inserting ‘‘described 

10 in subsection (b)’’; and 

11 (3) by adding at the end the following new sub12 section: 

13 ‘‘(b) SOURCE SELECTION CRITERIA DESCRIBED.—For 

14 purposes of subsection (a), the source selection criteria de15 scribed in this subsection are criteria— 

16 ‘‘(1) that are predominately based on technical 

17 qualifications of the item and not predominately 

18 based on price; 

19 ‘‘(2) that do not use reverse auction or lowest 

20 price technically acceptable contracting methods; and 

21 ‘‘(3) that reflect a preference for best value source 

22 selection methods.’’. 


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1 SEC. 805. REVISION TO EFFECTIVE DATE OF SENIOR EXECU2 TIVE 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; 10 

7 U.S.C. 2324 note) is amended by striking ‘‘amendments 

8 made by’’ and all that follows and inserting ‘‘amendments 

9 made by this section shall apply with respect to costs of 

10 compensation incurred after January 1, 2012, under con11 tracts entered into on or after December 31, 2011.’’. 

12 (b) APPLICABILITY.—The amendment made by sub13 section (a) shall take effect as of December 31, 2011, and 

14 shall apply as if included in the National Defense Author15 ization Act for Fiscal Year 2012 as enacted. 

16 SEC. 806. AMENDMENTS RELATED TO DETECTION AND 

17 AVOIDANCE OF COUNTERFEIT ELECTRONIC 

18 PARTS. 

19 Section 818 of the National Defense Authorization Act 

20 for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 

21 note) is amended— 

22 (1) in paragraph (3) of subsection (c)— 

23 (A) by striking the heading and inserting 

24 ‘‘SUPPLIERS MEETING ANTICOUNTERFEITING RE25 QUIREMENTS.—’’; 


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1 (B) in subparagraph (A)(i), by striking 

2 ‘‘trusted suppliers in accordance with regulations 

3 issued pursuant to subparagraph (C) or (D) 

4 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 pre16 ceding clause (i), by striking ‘‘trusted suppliers’’ 

17 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 of 

22 trusted suppliers’’ and inserting ‘‘the use of suppliers 

23 that meet applicable anticounterfeiting requirements’’. 


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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 (1); 

6 (2) by striking the period at the end of para7 graph (2) and inserting a semicolon; and 

8 (3) by adding after paragraph (2) the following 

9 new paragraphs: 

10 ‘‘(3) in support of a request from the Secretary 

11 of State or the Administrator of the United States 

12 Agency for International Development to facilitate the 

13 provision of international disaster assistance pursu14 ant to chapter 9 of part I of the Foreign Assistance 

15 Act of 1961 (22 U.S.C. 2292 et seq.); or 

16 ‘‘(4) in support of an emergency or major dis17 aster (as those terms are defined in section 102 of the 

18 Robert T. Stafford Disaster Relief and Emergency As19 sistance Act (42 U.S.C. 5122)).’’. 

20 SEC. 808. COMPLIANCE WITH DOMESTIC SOURCE REQUIRE21 MENTS FOR FOOTWEAR FURNISHED TO EN22 LISTED MEMBERS OF THE ARMED FORCES 

23 UPON THEIR INITIAL ENTRY INTO THE 

24 ARMED FORCES. 

25 Section 418 of title 37, United States Code, is amended 

26 by adding at the end the following new subsection: 


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1 ‘‘(d)(1) In the case of athletic footwear needed by mem2 bers of the Army, Navy, Air Force, or Marine Corps upon 

3 their initial entry into the armed forces, the Secretary of 

4 Defense shall furnish such footwear directly to the members 

5 instead of providing a cash allowance to the members for 

6 the purchase of such footwear. 

7 ‘‘(2) In procuring athletic footwear to comply with 

8 paragraph (1), the Secretary of Defense shall comply with 

9 the requirements of section 2533a of title 10, without regard 

10 to the applicability of any simplified acquisition threshold 

11 under chapter 137 of title 10 (or any other provision of 

12 law). 

13 ‘‘(3) This subsection does not prohibit the provision of 

14 a cash allowance to a member described in paragraph (1) 

15 for the purchase of athletic footwear if such footwear— 

16 ‘‘(A) is medically required to meet unique phys17 iological needs of the member; and 

18 ‘‘(B) cannot be met with athletic footwear that 

19 complies with the requirements of this subsection.’’. 

20 SEC. 809. REQUIREMENT FOR POLICIES AND STANDARD 

21 CHECKLIST IN PROCUREMENT OF SERVICES. 

22 (a) REQUIREMENT.—Section 2330a of title 10, United 

23 States Code, as amended by section 803, is further amended 

24 by adding by adding at the end the following new sub25 section: 


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1 ‘‘(h) REQUEST FOR SERVICES CONTRACT AP2 PROVAL.—(1) The Under Secretary of Defense for Personnel 

3 and Readiness shall— 

4 ‘‘(A) ensure that Department of Defense Instruc5 tion 1100.22, Guidance for Manpower Mix, is modi6 fied to incorporate policies establishing a standard 

7 checklist to be completed ensuring the appropriate 

8 alignment of workload to the private sector prior to 

9 the issuance of a solicitation for any new contract for 

10 services or exercising an option under an existing 

11 contract for services, including services provided 

12 under a contract for goods; and 

13 ‘‘(B) in coordination with the Under Secretary 

14 of Defense for Acquisition, Technology, and Logistics, 

15 ensure that such policies and checklist are incor16 porated by reference or otherwise into the Service Re17 quirements Review Board processes established under 

18 Department of Defense Instruction 5000.74 and into 

19 the pre-solicitation requirements of the Defense Fed20 eral Acquisition Regulation Supplement. 

21 ‘‘(2) Such checklist shall, at minimum, consolidate and 

22 address workforce management and sourcing considerations 

23 established under sections 129, 129a, 2461, and 2463 of this 

24 title as well as Office of Federal Procurement Policy Letter 

25 11-01.’’. 


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1 (b) ARMY MODEL.—In implementing section 2330a(g) 

2 of title 10, United States Code, as added by subsection (a), 

3 the Under Secretary of Defense for Personnel and Readiness 

4 shall model, to the maximum extent practicable, its policies 

5 and checklist on the policies and checklist relating to serv6 ices contract approval established and in use by the Depart7 ment of the Army (as set forth in the request for services 

8 contract approval form updated as of August 2012, or any 

9 successor form). 

10 (c) DEADLINE.—The policies required under such sec11 tion 2230a(g) of such title, as so added, shall be issued with12 in one year after the date of the enactment of this Act. 

13 SEC. 810. EXTENSION OF LIMITATION ON AGGREGATE AN14 NUAL AMOUNT AVAILABLE FOR CONTRACT 

15 SERVICES. 

16 Section 808 of the National Defense Authorization Act 

17 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489), 

18 as most recently amended by section 813 of the National 

19 Defense Authorization Act for Fiscal Year 2015 (Public 

20 Law 113–291; 128 Stat. 3429) is further amended— 

21 (1) in subsections (a) and (b), by striking ‘‘or 

22 2015’’ and inserting ‘‘2015, 2016, or 2017’’; 

23 (2) in subsection (c)(3), by striking ‘‘and 2015’’ 

24 and inserting ‘‘2015, 2016, and 2017’’; 


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1 (3) in subsection (d)(4), by striking ‘‘or 2015’’ 

2 and inserting ‘‘2015, 2016, or 2017’’; and 

3 (4) in subsection (e), by striking ‘‘2015’’ and in4 serting ‘‘2017’’. 

5 Subtitle B—Provisions Relating to 

6 Major Defense Acquisition Pro7 grams 

8 SEC. 811. CHANGE IN DATE OF SUBMISSION TO CONGRESS 

9 OF SELECTED ACQUISITION REPORTS. 

10 Section 2432(f) of title 10, United States Code, is 

11 amended by striking ‘‘45’’ the first place it occurs and in12 serting ‘‘10’’. 

13 SEC. 812. AMENDMENTS RELATING TO INDEPENDENT COST 

14 ESTIMATION AND COST ANALYSIS. 

15 (a) AMENDMENTS.—Section 2334 of title 10, United 

16 States Code, is amended— 

17 (1) in subsection (a)(3), by striking ‘‘selection of 

18 confidence levels’’ both places it appears and inserting 

19 ‘‘discussion of risk’’; 

20 (2) in subsection (a)(6)— 

21 (A) by inserting ‘‘or approve’’ after ‘‘con22 duct’’; 

23 (B) by striking ‘‘major defense acquisition 

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1 tion programs, major automated information 

2 system programs, and major subprograms—’’; 

3 and 

4 (C) in subparagraph (B), by striking ‘‘or 

5 upon the request’’ and all that follows through 

6 the semicolon at the end and inserting ‘‘, upon 

7 the request of the Under Secretary of Defense for 

8 Acquisition, Technology, and Logistics, or upon 

9 the request of the milestone decision authority;’’ 

10 (3) by redesignating subsections (b), (c), (d), (e), 

11 and (f) as subsections (c), (d), (e), (f), and (h), respec12 tively; 

13 (4) by inserting after subsection (a) the following 

14 new subsection (b): 

15 ‘‘(b) INDEPENDENT COST ESTIMATE REQUIRED BE16 FORE APPROVAL.—(1) A milestone decision authority may 

17 not approve the system development and demonstration, or 

18 production and deployment, of a major defense acquisition 

19 program, major automated information system program, or 

20 major subprogram unless an independent cost estimate of 

21 the full life-cycle cost of the program or subprogram has 

22 been conducted or approved by the Director of Cost Assess23 ment and Program Evaluation and considered by the mile24 stone decision authority. 


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1 ‘‘(2) The regulations governing the content and sub2 mission of independent cost estimates required by subsection 

3 (a) shall require that the independent cost estimate of the 

4 full life-cycle cost of a program or subprogram include— 

5 ‘‘(A) all costs of development, procurement, mili6 tary construction, operations and support, and 

7 trained manpower to operate, maintain, and support 

8 the program or subprogram upon full operational de9 ployment, without regard to funding source or man10 agement control; and 

11 ‘‘(B) an analysis to support decision making 

12 that identifies and evaluates alternative courses of ac13 tion that may reduce cost, reduce risk, and result in 

14 more affordable programs.’’; 

15 (5) in subsection (d), as so redesignated, in 

16 paragraph (3), by striking ‘‘confidence level’’ and in17 serting ‘‘discussion of risk’’; 

18 (6) in subsection (e), as so redesignated— 

19 (A) by amending the subsection heading to 

20 read as follows: ‘‘DISCUSSION OF RISK IN COST

21 ESTIMATES.—’’; 

22 (B) by amending paragraph (1) to read as 

23 follows: 

24 ‘‘(1) issue guidance requiring a discussion of 

25 risk, the potential impacts of risk on program costs, 


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1 and approaches to mitigate risk in cost estimates for 

2 major defense acquisition programs, major automated 

3 information system programs, and major subpro4 grams;’’; 

5 (C) in paragraph (2)— 

6 (i) by striking ‘‘such confidence level 

7 provides’’ and inserting ‘‘cost estimates pro8 vide’’; and 

9 (ii) by inserting ‘‘or subprogram’’ after 

10 ‘‘the program’’; and 

11 (D) in paragraph (3), by striking ‘‘disclo12 sure required by paragraph (1)’’ and inserting 

13 ‘‘information required in the guidance under 

14 paragraph (1)’’; and 

15 (7) by inserting after subsection (f), as so redes16 ignated, the following new subsection: 

17 ‘‘(g) GUIDELINES AND COLLECTION OF COST DATA.— 

18 (1) The Director of Cost Assessment and Program Evalua19 tion shall, in consultation with the Under Secretary of De20 fense for Acquisition, Technology, and Logistics, develop 

21 policies, procedures, guidance, and a collection method to 

22 ensure that acquisition cost data are collected in a stand23 ardized format that facilitates cost estimation and compari24 son across acquisition programs. 


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1 ‘‘(2) The program manager and contracting officer for 

2 each major defense acquisition program, major automated 

3 information system program, and major subprogram, in 

4 consultation with the cost estimating component of the rel5 evant military department or Defense Agency, shall ensure 

6 that cost data are collected in accordance with the require7 ments of paragraph (1) for any acquisition program in an 

8 amount greater than $100,000,000. 

9 ‘‘(3) The requirement under paragraph (1) may be 

10 waived only by the Director of Cost Assessment and Pro11 gram Evaluation.’’. 

12 (b) CONFORMING AMENDMENTS TO ADD SUBPRO13 GRAMS.—Section 2334 of such title is further amended— 

14 (1) in subsection (a)(2), by inserting ‘‘or major 

15 subprogram’’ before ‘‘under chapter 144’’; 

16 (2) in paragraphs (3), (4), and (5) of subsection 

17 (a) and in subsection (c)(1) (as redesignated by sub18 section (a) of this section), by striking ‘‘major defense 

19 acquisition programs and major automated informa20 tion system programs’’ and inserting ‘‘major defense 

21 acquisition programs, major automated information 

22 system programs, and major subprograms’’ each place 

23 it appears; 

24 (3) in paragraphs (1) and (2) of subsection (d) 

25 (as so redesignated), and in subsection (f)(4) (as so 


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1 redesignated), by striking ‘‘major defense acquisition 

2 program or major automated information system pro3 gram’’ and inserting ‘‘major defense acquisition pro4 gram, major automated information system program, 

5 or major subprogram’’ each place it appears; 

6 (4) in subsection (d)(4) (as so redesignated), by 

7 inserting before the period ‘‘or major subprogram’’; 

8 (5) in subsection (e)(3)(B) (as so redesignated), 

9 by inserting ‘‘or major subprogram’’ after ‘‘major de10 fense acquisition program’’; and 

11 (6) in subsection (f)(3) (as so redesignated), by 

12 striking ‘‘major defense acquisition program and 

13 major automated information system program’’ and 

14 inserting ‘‘major defense acquisition program, major 

15 automated information system program, and major 

16 subprogram’’. 

17 (c) REPEAL.—Chapter 144 of such title is amended— 

18 (1) by striking section 2434; and 

19 (2) in the table of sections at the beginning of 

20 such chapter, by striking the item relating to such sec21 tion. 

22 SEC. 813. REVISIONS TO MILESTONE B DETERMINATIONS. 

23 Section 2366b(a)(3) of title 10, United States Code, is 

24 amended— 


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1 (1) in subparagraph (B), by striking ‘‘acquisi2 tion cost in’’ and all that follows through the semi3 colon, and inserting ‘‘life-cycle cost;’’; and 

4 (2) in subparagraph (D), by striking ‘‘funding 

5 is’’ and all that follows through ‘‘made,’’ and insert6 ing ‘‘funding is expected to be available to execute the 

7 product development and production plan for the pro8 gram,’’. 

9 SEC. 814. REVIEW AND REPORT ON SUSTAINMENT PLAN10 NING IN THE ACQUISITION PROCESS. 

11 (a) REQUIREMENT FOR REVIEW.—The Secretary of 

12 Defense shall conduct a review of the extent to which 

13 sustainment matters are considered in decisions related to 

14 the requirements, acquisition, cost estimating, and pro15 gramming and budgeting processes for major defense acqui16 sition programs. The review shall include the following: 

17 (1) A determination of whether information re18 lated to the operation and sustainment of major de19 fense acquisition programs, including cost data, is 

20 available to inform decisions made during those proc21 esses. 

22 (2) If such information exists, an evaluation of 

23 the completeness, timeliness, quality, and suitability 

24 of the information for aiding in decisions made dur25 ing those processes. 


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1 (3) A determination of whether information re2 lated to the operation and sustainment of existing 

3 major weapon systems is used to forecast the oper4 ation and sustainment needs of major weapon sys5 tems proposed for or under development. 

6 (4) A description of the potential benefits from 

7 improved completeness, timeliness, quality, and suit8 ability of data on operation and support costs and 

9 increased consideration of such data. 

10 (5) Recommendations for improving access to 

11 and consideration of operation and support cost data. 

12 (6) An assessment of product support strategies 

13 for major weapon systems required by section 2337 of 

14 title 10, United States Code, or other similar life-cycle 

15 sustainment strategies, including an evaluation of— 

16 (A) the stage at which such strategies are 

17 developed during the life of a major weapon sys18 tem; 

19 (B) the content and completeness of such 

20 strategies; 

21 (C) the extent to which such strategies influ22 ence the planning for major defense acquisition 

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1 ment and product support of major weapon sys2 tems. 

3 (7) An assessment of how effectively the military 

4 departments consider sustainment matters at key de5 cision points for acquisition and life-cycle manage6 ment in accordance with the requirements of sections 

7 2431a, 2366a, 2366b, and 2337 of title 10, United 

8 States Code and section 832 of the National Defense 

9 Authorization Act for Fiscal Year 2012 (Public Law 

10 112–81; 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 Sec23 retary shall provide a briefing to the Committees on Armed 

24 Services of the Senate and House of Representatives on the 

25 preliminary findings of the independent entity. 


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1 (d) SUBMISSION TO CONGRESS.—Not later than Au2 gust 1, 2017, the Secretary shall submit to the congressional 

3 defense committees a copy of the report of the independent 

4 entity, along with comments on the report, proposed revi5 sions or clarifications to laws related to life-cycle manage6 ment or sustainment planning for major weapon systems, 

7 and a description of any actions the Secretary may take 

8 to revise or clarify regulations related to life-cycle manage9 ment or sustainment planning for major weapon systems. 

10 SEC. 815. REVISION TO DISTRIBUTION OF ANNUAL REPORT 

11 ON OPERATIONAL TEST AND EVALUATION. 

12 Section 139(h) of title 10, United States Code, is 

13 amended— 

14 (1) in paragraph (2)— 

15 (A) by inserting ‘‘the Secretaries of the 

16 military departments,’’ after ‘‘Logistics,’’; and 

17 (B) by striking ‘‘10 days’’ and all that fol18 lows through ‘‘title 31’’ and inserting ‘‘January 

19 31 of each year, through January 31, 2021’’; and 

20 (2) in paragraph (5), by inserting after ‘‘Sec21 retary’’ the following: ‘‘of Defense and the Secretaries 

22 of the military departments’’. 


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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 and 

6 local governments’’ and inserting ‘‘to State, local, or foreign 

7 governments’’. 

8 (b) EFFECT ON SECTION 2464.—Nothing in this sec9 tion or the amendment made by this section shall affect the 

10 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 amend18 ed— 

19 (1) by redesignating subsection (d) as subsection 

20 (e), and in that subsection by striking ‘‘subsection 

21 (c)’’ and inserting ‘‘subsections (c) and (d)’’; and 

22 (2) by inserting after subsection (c) the following 

23 new subsection (d): 

24 ‘‘(d) MARKET RESEARCH FOR PRICE ANALYSIS.—The 

25 Secretary of Defense shall ensure that procurement officials 


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1 in the Department of Defense conduct or obtain market re2 search to support the determination of the reasonableness 

3 of price for commercial items contained in any bid or offer 

4 submitted in response to an agency solicitation. To the ex5 tent necessary to support such market research, the procure6 ment official for the solicitation— 

7 ‘‘(1) in the case of items acquired under section 

8 2379 of this title, shall use information submitted 

9 under subsection (d) of that section; and 

10 ‘‘(2) in the case of other items, may require the 

11 offeror to submit relevant information.’’. 

12 SEC. 823. VALUE ANALYSIS FOR THE DETERMINATION OF 

13 PRICE REASONABLENESS. 

14 Subsection 2379(d) of title 10, United States Code, is 

15 amended— 

16 (1) by redesignating paragraph (2) as para17 graph (3); and 

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph (2): 

20 ‘‘(2) An offeror may submit information or analysis 

21 relating to the value of a commercial item to aid in the 

22 determination of the reasonableness of the price of such 

23 item. A contracting officer may consider such information 

24 or analysis in addition to the information submitted pursu25 ant to paragraphs (1)(A) and (1)(B).’’. 


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1 SEC. 824. CLARIFICATION OF REQUIREMENTS RELATING TO 

2 COMMERCIAL ITEM DETERMINATIONS. 

3 Paragraphs (1) and (2) of section 2380 of title 10, 

4 United States Code, are amended to read as follows: 

5 ‘‘(1) establish and maintain a centralized capa6 bility with necessary expertise and resources to pro7 vide assistance to the military departments and De8 fense Agencies in making commercial item determina9 tions, conducting market research, and performing 

10 analysis of price reasonableness for the purposes of 

11 procurements by the Department of Defense; and 

12 ‘‘(2) provide to officials of the Department of De13 fense access to previous Department of Defense com14 mercial item determinations, market research, and 

15 analysis used to determine the reasonableness of price 

16 for the purposes of procurements by the Department 

17 of Defense.’’. 

18 SEC. 825. PILOT PROGRAM FOR AUTHORITY TO ACQUIRE IN19 NOVATIVE COMMERCIAL ITEMS USING GEN20 ERAL SOLICITATION COMPETITIVE PROCE21 DURES. 

22 (a) AUTHORITY.—The Secretary of Defense may carry 

23 out a pilot program, to be known as a ‘‘commercial solu24 tions opening pilot program’’, under which innovative com25 mercial items may be acquired through a competitive selecVerDate Sep 11 2014 19:11 May 04, 2016 Jkt 059200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 tion of proposals resulting from a general solicitation and 

2 the peer review of such proposals. 

3 (b) TREATMENT AS COMPETITIVE PROCEDURES.—Use 

4 of general solicitation competitive procedures for the pilot 

5 program under subsection (a) shall be considered to be use 

6 of competitive procedures for purposes of chapter 137 of title 

7 10, United States Code. 

8 (c) LIMITATIONS ON FUNDING.— 

9 (1) LIMITATION ON INDIVIDUAL CONTRACT

10 AMOUNT.—The Secretary may not enter into a con11 tract under the pilot program for an amount in ex12 cess of $10,000,000. 

13 (2) ANNUAL LIMITATION.—The total amount that 

14 may be obligated or expended under the pilot pro15 gram for a fiscal year may not exceed $75,000,000. 

16 (d) LIMITATION RELATING TO MAJOR DEFENSE AC17 QUISITION PROGRAM SYSTEMS.—The Secretary may not 

18 acquire innovative commercial items under the pilot pro19 gram to replace a system under a major defense acquisition 

20 program in its entirety. 

21 (e) GUIDANCE.—The Secretary shall issue guidance for 

22 the implementation of the pilot program under this section 

23 within the Department of Defense. Such guidance shall be 

24 issued in consultation with the Office of Management and 

25 Budget and shall be posted for access by the public. 


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1 (f) REPORTS REQUIRED.— 

2 (1) IN GENERAL.—Not later than six months 

3 after the initiation of the pilot program, and every 

4 six months thereafter, the Secretary shall submit to 

5 the Committees on Armed Services of the Senate and 

6 House of Representatives a report on the activities the 

7 Department of Defense carried out under the pilot 

8 program. 

9 (2) ELEMENTS OF REPORT.—The report under 

10 this subsection shall include the following: 

11 (A) An assessment of the impact of the pilot 

12 program on competition. 

13 (B) An assessment of the ability under the 

14 pilot program to attract proposals from non15 traditional defense contractors (as defined in sec16 tion 2302(9) of title 10, United States Code). 

17 (C) A comparison of acquisition timelines 

18 for— 

19 (i) procurements made using the pilot 

20 program; and 

21 (ii) procurements made using other 

22 competitive procedures that do not use gen23 eral solicitations. 


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1 (D) A recommendation on whether the au2 thority for the pilot program should be made 

3 permanent. 

4 (g) DEFINITION.—In this section, the term ‘‘innova5 tive’’ means— 

6 (1) any new technology, process, or method, able 

7 to be used to improve or replace existing information 

8 system applications, programs, or networks, or used 

9 to improve research and development of information 

10 technology advancements; or 

11 (2) any new application of an existing tech12 nology, process, or method. 

13 (h) TERMINATION.—The authority to enter into a con14 tract under a pilot program under this section terminates 

15 on the date occurring five years after the date of the enact16 ment of this Act. 

17 Subtitle D—Other Matters 

18 SEC. 831. REVIEW AND REPORT ON THE BID PROTEST 

19 PROCESS. 

20 (a) REVIEW.—The Secretary of Defense shall conduct 

21 a review of the bid protest processes related to major defense 

22 acquisition programs. The review shall examine the extent 

23 to which— 


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1 (1) the incidence and duration of bid protests 

2 have increased or decreased during the previous dec3 ade; 

4 (2) bid protests have delayed procurement of 

5 items or services; 

6 (3) there are differences in the incidence and out7 comes of bid protests filed by incumbent and non-in8 cumbent contractors; 

9 (4) protests filed by incumbent contractors result 

10 in extension of the period of performance of a con11 tract, and whether there are benefits (monetary or 

12 non-monetary) to incumbent contractors under such 

13 circumstances; and 

14 (5) there are alternative actions or authorities 

15 that could give the Government more flexibility in 

16 managing contracts if a bid protest is filed. 

17 (b) CONTRACT WITH INDEPENDENT ENTITY.—Not 

18 later than 30 days after the date of the enactment of this 

19 Act, the Secretary of Defense shall enter into a contract with 

20 an independent entity with appropriate expertise to con21 duct the review required in subsection (a). 

22 (c) BRIEFING.—Not later than March 1, 2017, the Sec23 retary, or his designee, shall brief the Committees on Armed 

24 Services of the Senate and House of Representatives on in25 terim findings of the independent entity. 


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1 (d) REPORT.—Not later than July 1, 2017, the Sec2 retary shall submit to the congressional defense committees 

3 a report on the findings of the independent entity, along 

4 with a description of any actions that the Secretary pro5 poses to address the findings of the independent entity. 

6 SEC. 832. REVIEW AND REPORT ON INDEFINITE DELIVERY 

7 CONTRACTS. 

8 (a) REPORT.—The Comptroller General of the United 

9 States shall deliver, not later than March 31, 2018, a report 

10 to Congress on the use by the Department of Defense of in11 definite delivery contracts entered into during fiscal years 

12 2015, 2016, and 2017. 

13 (b) ELEMENTS.—The report under subsection (a) shall 

14 address, at a minimum, the following: 

15 (1) A review of Department of Defense policies 

16 for using indefinite delivery contracts, including re17 quirements for competition. 

18 (2) The number and value of all indefinite deliv19 ery contracts entered into by the Department of De20 fense. 

21 (3) An assessment of the number and value of in22 definite delivery contracts entered into by the Depart23 ment of Defense that included competition between 

24 multiple vendors. 


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1 (4) Selected case studies of indefinite delivery 

2 contracts, including an assessment of whether any 

3 such contracts may have limited future opportunities 

4 for competition for the services or items required. 

5 (5) Recommendations for potential changes to 

6 current law or Department of Defense acquisition reg7 ulations to promote competition with respect to in8 definite delivery contracts. 

9 SEC. 833. REVIEW AND REPORT ON CONTRACTUAL FLOW10 DOWN PROVISIONS. 

11 (a) REVIEW REQUIRED.—The Secretary of Defense 

12 shall conduct a review of contractual flow-down provisions 

13 related to major defense acquisition programs. The review 

14 shall— 

15 (1) identify the flow-down provisions that exist 

16 in the Federal Acquisition Regulation and the Defense 

17 Federal Acquisition Regulation Supplement; 

18 (2) identify the flow-down provisions that are 

19 critical for national security; 

20 (3) examine the extent to which clauses in con21 tracts with the Department of Defense are being ap22 plied inappropriately in subcontracts under the con23 tracts; 


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1 (4) assess the applicability of flow-down provi2 sions for the purchase of commodity items that are 

3 acquired in bulk for multiple acquisition programs; 

4 (5) determine the unnecessary costs or burdens, 

5 if any, of flow-down provisions on the supply chain; 

6 and 

7 (6) determine the effect, if any, of flow-down pro8 visions on the participation rate of small businesses 

9 and non-traditional defense contractors in defense 

10 procurements. 

11 (b) CONTRACT.—Not later than 30 days after the date 

12 of the enactment of this Act, the Secretary of Defense shall 

13 enter into a contract with an independent entity with ap14 propriate expertise to conduct the review required by sub15 section (a). 

16 (c) BRIEFING.—Not later than March 1, 2017, the Sec17 retary, or his designee, shall brief the Committees on Armed 

18 Services of the Senate and the House of Representatives on 

19 interim findings of the independent entity as well as initial 

20 recommendations of the entity on how to modify or elimi21 nate contractual flow-down requirements that the entity 

22 considers burdensome or unnecessary. 

23 (d) REPORT.—Not later than August 1, 2017, the Sec24 retary shall submit to the congressional defense committees 

25 a report on the findings of the independent entity, along 


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1 with a description of any actions that the Secretary pro2 poses to address the findings of the independent entity. 

3 SEC. 834. REVIEW OF ANTI-COMPETITIVE SPECIFICATIONS 

4 IN INFORMATION TECHNOLOGY ACQUISI5 TIONS. 

6 (a) REVIEW REQUIRED.—Not later than 180 days 

7 after the date of the enactment of this Act, the Under Sec8 retary of Defense for Acquisition, Technology, and Logistics 

9 shall conduct a review of the policy, guidance, regulations, 

10 and training related to specifications included in informa11 tion technology acquisitions to ensure current policies 

12 eliminate the unjustified use of potentially anti-competitive 

13 specifications. In conducting the review, the Under Sec14 retary shall examine the use of brand names or proprietary 

15 specifications or standards in solicitations for procurements 

16 of goods and services, as well as the current acquisition 

17 training curriculum related to those areas. 

18 (b) BRIEFING REQUIRED.—Not later than 270 days 

19 after the date of the enactment of this Act, the Under Sec20 retary shall provide a briefing to the Committees on Armed 

21 Services of the Senate and House of Representatives on the 

22 results of the review required by subsection (a). 

23 (c) ADDITIONAL GUIDANCE.—Not later than one year 

24 after the date of the enactment of this Act, the Under Sec25 retary shall revise policies, guidance, and training to incorVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 porate such recommendations as the Under Secretary con2 siders appropriate from the review required by subsection 

3 (a). 

4 SEC. 835. COAST GUARD MAJOR ACQUISITION PROGRAMS. 

5 (a) FUNCTIONS OF CHIEF ACQUISITION OFFICER.— 

6 Section 56(c) of title 14, United States Code, is amended 

7 by striking ‘‘and’’ after the semicolon at the end of para8 graph (8), striking the period at the end of paragraph (9) 

9 and inserting ‘‘; and’’, and adding at the end the following: 

10 ‘‘(10)(A) keeping the Commandant informed of 

11 the progress of major acquisition programs (as that 

12 term is defined in section 581); 

13 ‘‘(B) informing the Commandant on a con14 tinuing basis of any developments on such programs 

15 that may require new or revisited trade-offs among 

16 cost, schedule, technical feasibility, and performance, 

17 including— 

18 ‘‘(i) significant cost growth or schedule slip19 page; and 

20 ‘‘(ii) requirements creep (as that term is de21 fined in section 2547(c)(1) of title 10); and 

22 ‘‘(C) ensuring that the views of the Commandant 

23 regarding such programs on cost, schedule, technical 

24 feasibility, and performance trade-offs are strongly 


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1 considered by program managers and program execu2 tive officers in all phases of the acquisition process.’’. 

3 (b) CUSTOMER SERVICE MISSION OF DIRECTORATE.— 

4 (1) IN GENERAL.—Chapter 15 of title 14, United 

5 States Code, is amended— 

6 (A) in section 561(b)— 

7 (i) in paragraph (1), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (ii) in paragraph (2), by striking the 

10 period and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(3) to meet the needs of customers of major ac14 quisition programs in the most cost-effective manner 

15 practicable.’’; 

16 (B) in section 562, by repealing subsection 

17 (b) and redesignating subsections (c) through (g) 

18 as subsections (b) through (f), respectively; 

19 (C) in section 563, by striking ‘‘Not later 

20 than 180 days after the date of enactment of the 

21 Coast Guard Authorization Act of 2010, the 

22 Commandant shall commence implementation 

23 of’’ and inserting ‘‘The Commandant shall main24 tain’’; 


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1 (D) by adding at the end of section 564 the 

2 following: 

3 ‘‘(c) ACQUISITION OF UNMANNED AERIAL SYSTEMS.— 

4 ‘‘(1) IN GENERAL.—The Commandant— 

5 ‘‘(A) may not award a contract for design 

6 of an unmanned aerial system for use by the 

7 Coast Guard; and 

8 ‘‘(B) may acquire an unmanned aerial sys9 tem only— 

10 ‘‘(i) if such a system has been acquired 

11 or has been used by the Department of De12 fense or the Department of Homeland Secu13 rity, or a component thereof, before the date 

14 on which the Commandant acquires the sys15 tem; and 

16 ‘‘(ii) through an agreement with such 

17 department or component, unless the un18 manned aerial system can be obtained at 

19 less cost through independent contract ac20 tion. 

21 ‘‘(2) LIMITATION ON APPLICATION.—The limita22 tions of paragraph (1)(B) shall not apply to any 

23 small unmanned aerial system that consists of— 

24 ‘‘(A) an unmanned aircraft weighing less 

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1 nents and equipment on board or otherwise at2 tached to the aircraft; and 

3 ‘‘(B) associated elements (including commu4 nication links and the components that control 

5 such aircraft) that are required for the safe and 

6 efficient operation of such aircraft.’’; 

7 (E) in subchapter II, by adding at the end 

8 the following: 

9 ‘‘§ 578. Role of Vice Commandant in major acquisition 

10 programs 

11 ‘‘The Vice Commandant— 

12 ‘‘(1) shall represent the customer of a major ac13 quisition program with regard to trade-offs made 

14 among cost, schedule, technical feasibility, and per15 formance with respect to such program; and. 

16 ‘‘(2) shall advise the Commandant in decisions 

17 regarding the balancing of resources against prior18 ities, and associated trade-offs referred to in para19 graph (1), on behalf of the customer of a major acqui20 sition program. 

21 ‘‘§ 579. Extension of major acquisition program con22 tracts 

23 ‘‘(a) IN GENERAL.—Notwithstanding section 564(a)(2) 

24 of this title and section 2304 of title 10, and subject to sub25 sections (b) and (c) of this section, the Secretary may acVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 quire additional units procured under a Coast Guard major 

2 acquisition program contract, by extension of such contract 

3 without competition, if the Comptroller General of the 

4 United States determines that the costs that would be saved 

5 through award of a new contract in accordance with such 

6 sections would not exceed the costs of such an award. 

7 ‘‘(b) LIMITATION ON NUMBER OF ADDITIONAL

8 UNITS.—The number of additional units acquired under a 

9 contract extension under this section may not exceed the 

10 number of additional units for which such determination 

11 is made. 

12 ‘‘(c) DETERMINATION OF COSTS UPON REQUEST.— 

13 The Comptroller General shall, at the request of the Sec14 retary, determine for purposes of this section— 

15 ‘‘(1) the costs that would be saved through award 

16 of a new major acquisition program contract in ac17 cordance with section 564(a)(2) for the acquisition of 

18 a number of additional units specified by the Sec19 retary; and 

20 ‘‘(2) the costs of such award, including the costs 

21 that would be incurred due to acquisition schedule 

22 delays and asset design changes associated with such 

23 award. 

24 ‘‘(d) NUMBER OF EXTENSIONS.—A contract may be 

25 extended under this section more than once.’’; and 


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1 (F) in section 581— 

2 (i) by redesignating paragraphs (7) 

3 through (10) as paragraphs (9) through 

4 (12), respectively, and by redesignating 

5 paragraphs (3) through (6) as paragraphs 

6 (4) through (7), respectively; 

7 (ii) by inserting after paragraph (2) 

8 the following: 

9 ‘‘(3) CUSTOMER OF A MAJOR ACQUISITION PRO10 GRAM.—The term ‘customer of a major acquisition 

11 program’ means the operating field unit of the Coast 

12 Guard that will field the system or systems acquired 

13 under a major acquisition program.’’; and 

14 (iii) by inserting after paragraph (7), 

15 as so redesignated, the following: 

16 ‘‘(8) MAJOR ACQUISITION PROGRAM.—The term 

17 ‘major acquisition program’ means an ongoing acqui18 sition undertaken by the Coast Guard with a life19 cycle cost estimate greater than or equal to 

20 $300,000,000.’’. 

21 (2) CONFORMING AMENDMENT.—Section 569a of 

22 such title is amended by striking subsection (e). 

23 (3) CLERICAL AMENDMENT.—The analysis at the 

24 beginning of such chapter is amended by adding at 


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1 the end of the items relating to subchapter II the fol2 lowing: 

‘‘578. Role of Vice Commandant in major acquisition programs. 

‘‘579. Extension of major acquisition program contracts.’’. 

3 (c) REVIEW REQUIRED.— 

4 (1) REQUIREMENT.—The Commandant of the 

5 Coast Guard shall conduct a review of— 

6 (A) the authorities provided to the Com7 mandant in chapter 15 of title 14, United States 

8 Code, and other relevant statutes and regulations 

9 related to Coast Guard acquisitions, including 

10 developing recommendations to ensure that the 

11 Commandant plays an appropriate role in the 

12 development of requirements, acquisition proc13 esses, and the associated budget practices; 

14 (B) implementation of the strategy prepared 

15 in accordance with section 562(b)(2) of title 14, 

16 United States Code, as in effect before the enact17 ment of the National Defense Authorization Act 

18 for Fiscal Year 2017; and 

19 (C) acquisition policies, directives, and reg20 ulations of the Coast Guard to ensure such poli21 cies, directives, and regulations establish a cus22 tomer-oriented acquisition system. 

23 (2) REPORT.—Not later than March 1, 2017, the 

24 Commandant shall submit to the Committee on 


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1 Transportation and Infrastructure of the House of 

2 Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate a report 

4 containing, at a minimum, the following: 

5 (A) The recommendations developed by the 

6 Commandant under paragraph (1) and other re7 sults of the review conducted under such para8 graph. 

9 (B) The actions the Commandant is taking, 

10 if any, within the Commandant’s existing au11 thority to implement such recommendations. 

12 (3) MODIFICATION OF POLICIES, DIRECTIVES, 

13 AND REGULATIONS.—Not later than one year after the 

14 date of the enactment of this Act, the Commandant of 

15 the Coast Guard shall modify the acquisition policies, 

16 directives, and regulations of the Coast Guard as nec17 essary to ensure the development and implementation 

18 of a customer-oriented acquisition system, pursuant 

19 to the review under paragraph (1)(C). 

20 (d) ANALYSIS OF USING MULTIYEAR CONTRACTING.— 

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

22 the date of the enactment of this Act, the Secretary of 

23 the department in which the Coast Guard is oper24 ating shall submit to the Committee on Transpor25 tation and Infrastructure of the House of RepresentaVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 tives and the Committee on Commerce, Science, and 

2 Transportation of the Senate an analysis of the use 

3 of multiyear contracting, including procurement au4 thority provided under section 2306b of title 10, 

5 United States Code, and authority similar to that 

6 granted to the Navy under section 121(b) of the Na7 tional Defense Authorization Act for Fiscal Year 1998 

8 (Public Law 105–85; 111 Stat. 1648) and section 150 

9 of the Continuing Appropriations Act, 2011 (Public 

10 Law 111–242; 124 Stat. 3519), to acquire any com11 bination of at least five— 

12 (A) Fast Response Cutters, beginning with 

13 hull 43; and 

14 (B) Offshore Patrol Cutters, beginning with 

15 hull 5. 

16 (2) CONTENTS.—The analysis under paragraph 

17 (1) shall include the costs and benefits of using 

18 multiyear contracting, the impact of multiyear con19 tracting on delivery timelines, and whether the acqui20 sitions examined would meet the tests for the use of 

21 multiyear procurement authorities. 


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1 SEC. 836. WAIVER OF CONGRESSIONAL NOTIFICATION FOR 

2 ACQUISITION OF TACTICAL MISSILES AND 

3 MUNITIONS GREATER THAN QUANTITY SPEC4 IFIED IN LAW. 

5 Section 2308(c) of title 10, United States Code, is 

6 amended— 

7 (1) by inserting ‘‘(1)’’ before ‘‘The head’’; 

8 (2) by inserting ‘‘, except as provided in para9 graph (2),’’ after ‘‘but’’; and 

10 (3) by adding at the end the following new para11 graph: 

12 ‘‘(2) A notification is not required under paragraph 

13 (1) if the end item being acquired in a higher quantity is 

14 an end item under a tactical missile program or a muni15 tion program.’’. 

16 SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY 

17 CONTRACTS. 

18 (a) AUTHORITY.—Notwithstanding any other provi19 sion of law, the Secretary of the Navy may close out the 

20 contracts described in subsection (b) through the issuance 

21 of one or more modifications to such contracts without com22 pleting further reconciliation audits or corrective actions 

23 other than those described in this section. To accomplish 

24 closeout of such contracts— 

25 (1) remaining contract balances may be offset 

26 with balances in other contract line items within a 


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1 contract regardless of the year or type of appropria2 tion obligated to fund each contract line item and re3 gardless of whether the appropriations for such con4 tract line items have closed; and 

5 (2) remaining contract balances may be offset 

6 with balances on other contracts regardless of the year 

7 or type of appropriation obligated to fund each con8 tract and regardless of whether the appropriations for 

9 such contract line item have closed. 

10 (b) CONTRACTS COVERED.—The contracts covered by 

11 this section are a group of contracts that are with one con12 tractor and identified by the Secretary, each one of which 

13 is a contract— 

14 (1) to design, construct, repair, or support the 

15 construction or repair of Navy submarines that— 

16 (A) was entered into between fiscal years 

17 1974 and 1998; and 

18 (B) has no further supply or services 

19 deliverables due under the terms and conditions 

20 of the contract; 

21 (2) with respect to which the Secretary of the 

22 Navy has established the total final contract value; 

23 and 

24 (3) with respect to which the Secretary of the 

25 Navy has determined that the final allowable cost 


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1 may have a negative or positive unliquidated obliga2 tion balance for which it would be difficult to deter3 mine the year or type of appropriation because— 

4 (A) the records for the contract have been 

5 destroyed or lost; or 

6 (B) the records for the contract are avail7 able but the contracting officer, in collaboration 

8 with the certifying official, has determined that 

9 a discrepancy is of such a minimal value that 

10 the time and effort required to determine the 

11 cause of an out-of-balance condition is dis12 proportionate to the amount of the discrepancy. 

13 (c) CLOSEOUT.—The contracts described in subsection 

14 (b) may be closed out— 

15 (1) upon receipt of $581,803 from the contractor, 

16 to be deposited into the Treasury as miscellaneous re17 ceipts; and 

18 (2) without seeking further amounts from the 

19 contractor, and without payment to the contractor of 

20 any amounts that may be due under such contracts. 

21 (d) ADJUSTMENT AND CLOSURE OF RECORDS.—After 

22 closeout of any contract described in subsection (b) using 

23 the authority of this section, the payment or accounting of24 fices concerned may adjust and close any open finance and 

25 accounting records relating to the contract. 


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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.—Section 

6 2534(a) of title 10, United States Code, is amended by add7 ing at the end the following new paragraph: 

8 ‘‘(6) COMPONENTS FOR AUXILIARY SHIPS.—Sub9 ject to subsection (k), the following components: 

10 ‘‘(A) Auxiliary equipment, including 

11 pumps, for all shipboard services. 

12 ‘‘(B) Propulsion system components, includ13 ing engines, reduction gears, and propellers. 

14 ‘‘(C) Shipboard cranes. 

15 ‘‘(D) Spreaders for shipboard cranes.’’. 

16 (b) IMPLEMENTATION.—Such section is further amend17 ed by adding at the end the following new subsection: 

18 ‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO19 NENT LIMITATION.—Subsection (a)(6) applies only with re20 spect to contracts awarded by the Secretary of a military 

21 department for new construction of an auxiliary ship after 

22 the date of the enactment of the National Defense Authoriza23 tion Act for Fiscal Year 2017 using funds available for Na24 tional Defense Sealift Fund programs or Shipbuilding and 

25 Conversion, Navy.’’. 


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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, United 

5 States Code, is amended by inserting after ‘‘$400,000,000’’ 

6 the following: ‘‘except that, in the case of fiscal year 2017, 

7 the Secretary may reduce the amount to $0’’. 

8 SEC. 840. AMENDMENT TO PROHIBITION ON PERFORMANCE 

9 OF NON-DEFENSE AUDITS BY DEFENSE CON10 TRACT AUDIT AGENCY TO EXEMPT AUDITS 

11 FOR NATIONAL NUCLEAR SECURITY ADMINIS12 TRATION. 

13 Section 893(a) of the National Defense Authorization 

14 Act for Fiscal Year 2016 (Public Law 114–92; Stat. 952) 

15 is amended— 

16 (1) in paragraph (1), by striking ‘‘Effective’’ 

17 and inserting ‘‘Except as provided in paragraph (3), 

18 effective’’; and 

19 (2) by adding at the end the following new para20 graph: 

21 ‘‘(3) EXCEPTION.—In this subsection, the term 

22 ‘non-Defense Agencies’ does not include the National 

23 Nuclear Security Administration.’’. 


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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 service 

9 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. 


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1 (2) CIVILIAN PROCUREMENTS.—Section 

2 3304(e)(4) of title 41, United States Code, is amend3 ed— 

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 and 

13 is conducted under section 8(a) of the Small 

14 Business Act (15 U.S.C. 637(a)).’’. 

15 TITLE IX—DEPARTMENT OF DE16 FENSE ORGANIZATION AND 

17 MANAGEMENT 

18 Subtitle A—Goldwater-Nichols 

19 Reform 

20 SEC. 901. SENSE OF CONGRESS ON GOLDWATER-NICHOLS 

21 REFORM. 

22 It is the sense of Congress that the following principles 

23 should be adhered to in any reform of the Goldwater-Nichols 

24 Department of Defense Reorganization Act of 1986: 


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1 (1) Civilian control of the military and the civil2 ian chain of command must be preserved. 

3 (2) The role of the Chairman of the Joint Chiefs 

4 of Staff in providing independent military advice, as 

5 the principal military advisor to the President and 

6 the Secretary of Defense, must be preserved. 

7 (3) Any changes to the Goldwater-Nichols Act of 

8 1986 should be rooted in a clear identification and 

9 understanding of the issues and the objectives and 

10 ramifications of any changes. 

11 (4) Any changes to the Goldwater-Nichols Act of 

12 1986 should enhance the capabilities of the United 

13 States Armed Forces. 

14 (5) Each Geographical Unified Command has its 

15 own distinct area of emphasis and expertise, as well 

16 as requirements and responsibilities. Combining 

17 Northern Command and Southern Command, or com18 bining European Command and Africa Command, 

19 would severely degrade mission effectiveness, but 

20 would provide only marginal increased efficiency. Ad21 ditionally, consolidating Geographic Unified Com22 mands would cause unacceptable risk to both global 

23 strategic influence as well as regional capability, and 

24 would exacerbate already significant capacity chal25 lenges. 


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1 (6) The emphasis on strategy and planning in 

2 the Goldwater-Nichols Act must be sustained. 

3 (7) Complex security challenges will become in4 creasingly transregional, multi-domain, and multi5 functional. 

6 (8) Therefore, the Department of Defense, includ7 ing streamlined headquarters staffs, must be more 

8 agile and adaptive. 

9 SEC. 902. REPEAL OF DEFENSE STRATEGY REVIEW. 

10 (a) REPEAL.—Section 118 of title 10, United States 

11 Code, is repealed. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of chapter 2 of such title is amended by strik14 ing the item relating to section 118. 

15 SEC. 903. COMMISSION ON THE NATIONAL DEFENSE STRAT16 EGY FOR THE UNITED STATES. 

17 (a) ESTABLISHMENT.—There is hereby established a 

18 commission to be known as the ‘‘Commission on the Na19 tional Defense Strategy for the United States’’. The purpose 

20 of the commission is to examine and make recommenda21 tions with respect to national defense strategy for the 

22 United States. 

23 (b) COMPOSITION.— 

24 (1) MEMBERSHIP.—The commission shall be 

25 composed of 12 members appointed as follows: 


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1 (A) Three members appointed by the chair 

2 of the Committee on Armed Services of the House 

3 of Representatives. 

4 (B) Three members appointed by the rank5 ing minority member of the Committee on 

6 Armed Services of the House of Representatives. 

7 (C) Three members appointed by the chair 

8 of the Committee on Armed Services of the Sen9 ate. 

10 (D) Three members appointed by the rank11 ing minority member of the Committee on 

12 Armed Services of the Senate. 

13 (2) CHAIR; VICE CHAIR.— 

14 (A) CHAIR.—The chair of the Committee on 

15 Armed Services of the House of Representative 

16 and the chair of the Committee on Armed Serv17 ices of the Senate shall jointly designate one 

18 member of the commission to serve as chair of 

19 the commission. 

20 (B) VICE CHAIR.—The ranking minority 

21 member of the Committee on Armed Services of 

22 the House of Representative and the ranking mi23 nority member of the Committee on Armed Serv24 ices of the Senate shall jointly designate one 


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1 member of the commission to serve as vice chair 

2 of the commission. 

3 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

4 Members shall be appointed for the life of the commis5 sion. Any vacancy in the commission shall be filled 

6 in the same manner as the original appointment. 

7 (c) DUTIES.— 

8 (1) REVIEW.—The commission shall review the 

9 current national defense strategy of the United States, 

10 including the assumptions, missions, force posture 

11 and capabilities, and strategic and military risks as12 sociated with the strategy. 

13 (2) ASSESSMENT AND RECOMMENDATIONS.—The 

14 commission shall conduct a comprehensive assessment 

15 of the strategic environment, the size and shape of the 

16 force, the readiness of the force, the posture and capa17 bilities of the force, the allocation of resources, and 

18 strategic and military risks to provide recommenda19 tions on national defense strategy for the United 

20 States. 

21 (d) COOPERATION FROM GOVERNMENT.— 

22 (1) COOPERATION.—In carrying out its duties, 

23 the commission shall receive the full and timely co24 operation of the Secretary of Defense in providing the 

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1 mation necessary for the fulfillment of its responsibil2 ities. 

3 (2) LIAISON.—The Secretary of Defense shall 

4 designate at least one officer or employee of the De5 partment of Defense to serve as a liaison officer be6 tween the Department and the commission. 

7 (e) REPORT.— 

8 (1) FINAL REPORT.—Not later than December 1, 

9 2017, the commission shall submit to the President, 

10 the Secretary of Defense, the Committee on Armed 

11 Services of the House of Representatives, and the 

12 Committee on Armed Services of the Senate a report 

13 on the commission’s findings, conclusions, and rec14 ommendations. The report shall address, but not be 

15 limited to, each of the following: 

16 (A) The strategic environment, including se17 curity challenges, and the national security in18 terests of the United States. 

19 (B) The military missions for which the De20 partment of Defense should prepare and the force 

21 planning construct. 

22 (C) The roles and missions of the Armed 

23 Forces to carry out those missions and the roles 

24 and capabilities provided by other United States 


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1 Government agencies and by allies and inter2 national partners. 

3 (D) The force size and shape, posture and 

4 capabilities, readiness, infrastructure, organiza5 tion, personnel, and other elements of the defense 

6 program necessary to support the strategy. 

7 (E) The resources necessary to support the 

8 strategy, including budget recommendations. 

9 (F) The strategic and military risks associ10 ated with the strategy, including the relation11 ships and tradeoffs between missions, risks, and 

12 resources. 

13 (2) INTERIM BRIEFING.—Not later than June 1, 

14 2017, the commission shall provide to the Committee 

15 on Armed Services of the House of Representatives, 

16 and the Committee on Armed Services of the Senate 

17 a briefing on the status of its review and assessment, 

18 and include a discussion of any interim recommenda19 tions. 

20 (f) FUNDING.— Of the amounts authorized to be ap21 propriated or otherwise made available pursuant to this Act 

22 to the Department of Defense, $5,000,000 is available to 

23 fund the activities of the commission. 


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1 (g) TERMINATION.—The commission shall terminate 6 

2 months after the date on which it submits the report re3 quired by subsection (e). 

4 SEC. 904. REFORM OF DEFENSE STRATEGIC AND POLICY 

5 GUIDANCE. 

6 Subsection (g) of section 113 of title 10, United States 

7 Code, is amended to read as follows: 

8 ‘‘(g) DEFENSE STRATEGIC AND POLICY GUIDANCE.— 

9 ‘‘(1) DEFENSE STRATEGIC GUIDANCE.—The Sec10 retary of Defense, with the advice and assistance of 

11 the Chairman of the Joint Chiefs of Staff, shall pro12 vide every four years to the heads of the military de13 partments, the unified and specified combatant com14 mands, all other Defense Agencies and Department of 

15 Defense Field Activities, and any other elements of the 

16 Department of Defense named in paragraphs (1) to 

17 (10) of section 111(b) of this title, written strategic 

18 guidance expressing the national defense strategy of 

19 the United States. The strategic guidance shall— 

20 ‘‘(A) support the most recent national secu21 rity strategy report of the President under sec22 tion 108 of the National Security Act of 1947 

23 (50 U.S.C. 3043); 

24 ‘‘(B) be a mechanism for— 


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1 ‘‘(i) setting priorities for sizing and 

2 shaping the force, guiding the development 

3 and sustainment of capabilities, allocating 

4 resources, and adjusting the organization of 

5 the Department of Defense to respond to 

6 changes in the strategic environment; 

7 ‘‘(ii) monitoring, assessing, and hold8 ing accountable agencies within the Depart9 ment of Defense for the development of poli10 cies and programs that support the national 

11 defense strategy; 

12 ‘‘(iii) integrating and supporting other 

13 national and related interagency security 

14 policies and strategies with other Depart15 ment of Defense guidance, plans, and activi16 ties; and 

17 ‘‘(iv) communicating such national de18 fense strategy to the American public, Con19 gress, relevant United States Government 

20 agencies, and allies and international part21 ners; 

22 ‘‘(C) provide a comprehensive discussion 

23 of— 

24 ‘‘(i) the assumed strategic environment, 

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1 sumed or defined prioritized national secu2 rity interests and objectives of the United 

3 States; 

4 ‘‘(ii) the prioritized military missions 

5 for which the Department of Defense must 

6 prepare and the assumed force planning 

7 scenarios and constructs; 

8 ‘‘(iii) the roles and missions of the 

9 armed forces to carry out those missions, 

10 and the assumed roles and capabilities pro11 vided by other United States Government 

12 agencies and by allies and international 

13 partners; 

14 ‘‘(iv) the force size and shape, posture, 

15 capabilities, readiness, infrastructure, orga16 nization, personnel, and other elements of 

17 the defense program necessary to support 

18 the strategy; 

19 ‘‘(v) the resources necessary to support 

20 the strategy, including an estimated budget 

21 plan; and 

22 ‘‘(vi) the strategic and military risks 

23 associated with the strategy, including the 

24 relationships and tradeoffs between mis25 sions, risks, and resources; and 


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1 ‘‘(D) include any additional or alternative 

2 views of the Chairman of the Joint Chiefs of 

3 Staff, including any military assessment of risks 

4 associated with the defense strategy. 

5 ‘‘(2) POLICY GUIDANCE ON DEVELOPMENT OF

6 FORCES.—In implementing the guidance in para7 graph (1), the Secretary of Defense, with the advice 

8 and assistance of the Chairman of the Joint Chiefs of 

9 Staff, shall provide annually to the heads of the mili10 tary departments, the unified and specified combat11 ant commands, all other Defense Agencies and De12 partment of Defense Field Activities, and any other 

13 elements of the Department of Defense named in 

14 paragraphs (1) to (10) of section 111(b) of this title, 

15 written policy guidance for the preparation and re16 view of the program recommendations and budget 

17 proposals of their respective components to guide the 

18 development of forces. Such guidance shall include— 

19 ‘‘(A) the prioritized national security inter20 ests and objectives; 

21 ‘‘(B) the prioritized military missions of the 

22 Department of Defense, including the assumed 

23 force planning scenarios and constructs; 

24 ‘‘(C) the force size and shape, posture, capa25 bilities, readiness, infrastructure, organization, 


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1 personnel, and other elements of the defense pro2 gram necessary to support the strategy; 

3 ‘‘(D) the resource levels projected to be 

4 available for the period of time for which such 

5 recommendations and proposals are to be effec6 tive; and 

7 ‘‘(E) a discussion of any changes in the de8 fense strategy and assumptions underpinning the 

9 strategy, as required by paragraph (1). 

10 ‘‘(3) POLICY GUIDANCE ON CONTINGENCY PLAN11 NING.—In implementing the guidance in paragraph 

12 (1), the Secretary of Defense, with the approval of the 

13 President and after consultation with the Chairman 

14 of the Joint Chiefs of Staff, shall provide, every two 

15 years or more frequently as needed, to the Chairman 

16 written policy guidance for the preparation and re17 view of contingency plans, including plans for pro18 viding support to civil authorities in an incident of 

19 national significance or a catastrophic incident, for 

20 homeland defense, and for military support to civil 

21 authorities. Such guidance shall include guidance on 

22 the employment of forces, including specific force lev23 els and specific supporting resource levels projected to 

24 be available for the period of time for which such 

25 plans are to be effective. 


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1 ‘‘(4) SUBMISSION TO CONGRESS.—(A) Not later 

2 than February 15th in any calendar year in which 

3 any of the written guidance in paragraphs (1), (2), 

4 and (3) is required, the Secretary of Defense shall 

5 submit to the congressional defense committees a copy 

6 of such guidance developed under such paragraphs. 

7 ‘‘(B) In addition, not later than February 15th 

8 in any calendar year in which the written guidance 

9 in paragraph (1) is required, the Secretary of Defense 

10 shall submit to the congressional defense committees a 

11 detailed summary of any classified aspects of the stra12 tegic guidance, including assumptions regarding the 

13 strategic environment; military missions; force plan14 ning scenarios and constructs; force size, shape, pos15 ture, capabilities, and readiness; and any additional 

16 or alternative views of the Chairman of the Joint 

17 Chiefs of Staff.’’. 

18 SEC. 905. REFORM OF THE NATIONAL MILITARY STRATEGY. 

19 Paragraph (1) of section 153(b) of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The 

22 Chairman shall determine each even-numbered year 

23 whether to prepare a new National Military Strategy 

24 in accordance with this subparagraph or to update a 

25 strategy previously prepared in accordance with this 


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1 subsection. The Chairman shall provide such National 

2 Military Strategy or update to the Secretary of De3 fense in time for transmittal to Congress pursuant to 

4 paragraph (3), including in time for inclusion of the 

5 report of the Secretary of Defense, if any, under para6 graph (4). 

7 ‘‘(B) Each National Military Strategy (or up8 date) under this paragraph shall be based on a com9 prehensive review conducted by the Chairman in con10 junction with the other members of the Joint Chiefs 

11 of Staff and the commanders of the unified and speci12 fied combatant commands. Each update shall address 

13 only those parts of the most recent National Military 

14 Strategy for which the Chairman determines, on the 

15 basis of this review, that a modification is needed. 

16 ‘‘(C) Each National Military Strategy (or up17 date) submitted under this paragraph shall describe 

18 how the military will support the objectives of the 

19 United States as articulated in— 

20 ‘‘(i) the most recent National Security 

21 Strategy prescribed by the President pursuant to 

22 section 108 of the National Security Act of 1947 

23 (50 U.S.C. 3043); 

24 ‘‘(ii) the most recent annual report of the 

25 Secretary of Defense submitted to the President 


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1 and Congress pursuant to section 113 of this 

2 title; 

3 ‘‘(iii) the most recent defense strategic guid4 ance provided by the Secretary of Defense pursu5 ant to section 113 of this title; and 

6 ‘‘(iv) any other national security or defense 

7 strategic guidance issued by the President or the 

8 Secretary of Defense. 

9 ‘‘(D) At a minimum, each National Military 

10 Strategy (or update) submitted under this paragraph 

11 shall be a mechanism for— 

12 ‘‘(i) developing military ends, ways, and 

13 means to support the objectives referred to in 

14 subparagraph (C); 

15 ‘‘(ii) assessing strategic and military risks, 

16 and developing risk mitigation options; 

17 ‘‘(iii) establishing a strategic framework for 

18 the development of operational and contingency 

19 plans; 

20 ‘‘(iv) prioritizing joint force capabilities, 

21 capacities, and resources; and 

22 ‘‘(v) establishing military guidance for the 

23 development of the joint force.’’. 


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1 SEC. 906. MODIFICATION TO INDEPENDENT STUDY OF NA2 TIONAL SECURITY STRATEGY FORMULATION 

3 PROCESS. 

4 Section 1064(b)(2) of the National Defense Authoriza5 tion 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 the 

12 Department of Defense workforce responsible for 

13 conducting strategic planning, including rec14 ommendations for improving the workforce 

15 through training, education, and career manage16 ment.’’. 

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, United 

20 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, beginning 

24 on October 1 of a year that is three years following 

25 a year evenly divisible by four. The limitation of this 


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1 paragraph on the length of term does not apply in 

2 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 limita6 tion 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 (6) 

16 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 De21 fense on ongoing military operations; and 

22 ‘‘(B) the Secretary on the allocation and 

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1 dress 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 depart11 ment,’’; 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 military 

16 department,’’. 

17 SEC. 910. REDUCTION IN GENERAL OFFICER AND FLAG OF18 FICER GRADES AND POSITIONS. 

19 (a) GRADE OF SERVICE OR FUNCTIONAL COMPONENT

20 COMMANDER.—Section 164(e) of title 10, United States 

21 Code, is amended by adding after paragraph (4) the fol22 lowing 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 


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1 shall be no higher than lieutenant general or vice ad2 miral.’’. 

3 (b) DEFINITIONS.—Section 164 of such title is further 

4 amended by adding at the end the following new subsection: 

5 ‘‘(h) DEFINITIONS.—For purposes of this section— 

6 ‘‘(1) a service component command is subordi7 nate to the commander of a unified command and 

8 consists of the service component commander and the 

9 service forces (such as individuals, units, detachments, 

10 and organizations, including the support forces), as 

11 assigned by the Secretary of Defense, that have been 

12 assigned to that combatant commander; and 

13 ‘‘(2) a functional component command is a com14 mand normally, but not necessarily, composed of 

15 forces of two or more military departments which 

16 may be established across the range of military oper17 ations to perform particular operational missions 

18 that may be of short duration or may extend over a 

19 period of time.’’. 

20 (c) REDUCTION IN POSITIONS.— 

21 (1) REDUCTION.—The Secretary of Defense shall 

22 reduce the total number of officers in the grade of gen23 eral or admiral on active duty by five positions. 

24 (2) REPORT.—The Secretary of Defense shall 

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1 port on how the Department of Defense plans to im2 plement the reductions required by paragraph (1), in3 cluding how to balance and reduce the total number 

4 of general officers and flag officers in accordance with 

5 sections 525 and 526 of title 10, United States Code. 

6 (d) TREATMENT OF CURRENT COMMANDERS.—An offi7 cer serving on the date of the enactment of this Act as a 

8 commander of a service or functional component command 

9 under a commander of a combatant command shall serve 

10 in that position until the appointment of another officer 

11 in accordance with the amendment made by subsection (a). 

12 SEC. 911. ESTABLISHMENT OF UNIFIED COMBATANT COM13 MAND FOR CYBER OPERATIONS. 

14 (a) ESTABLISHMENT OF CYBER COMMAND.—Chapter 

15 6 of title 10, United States Code, is amended by adding 

16 at the end the following new section: 

17 ‘‘§ 169. Unified combatant command for cyber oper18 ations 

19 ‘‘(a) ESTABLISHMENT.—With the advice and assist20 ance of the Chairman of the Joint Chiefs of Staff, the Presi21 dent, through the Secretary of Defense, shall establish under 

22 section 161 of this title a unified combatant command for 

23 cyber operations forces (hereinafter in this section referred 

24 to as the ‘cyber command’). The principal function of the 


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1 command is to prepare cyber operations forces to carry out 

2 assigned missions. 

3 ‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise di4 rected by the Secretary of Defense, all active and reserve 

5 cyber operations forces of the armed forces stationed in the 

6 United States shall be assigned to the cyber command. 

7 ‘‘(c) GRADE OF COMMANDER.—The commander of the 

8 cyber operations command shall hold the grade of general 

9 or, in the case of an officer of the Navy, admiral while serv10 ing in that position, without vacating his permanent grade. 

11 The commander of such command shall be appointed to that 

12 grade by the President, by and with the advice and consent 

13 of the Senate, for service in that position. 

14 ‘‘(d) COMMAND OF ACTIVITY OR MISSION.—(1) Unless 

15 otherwise directed by the President or the Secretary of De16 fense, a cyber operations activity or mission shall be con17 ducted in coordination with the command of the com18 mander of the unified combatant command in whose geo19 graphic area the activity or mission is to be conducted. 

20 ‘‘(2) The commander of the cyber command shall exer21 cise command of a selected cyber operations mission if di22 rected to do so by the President or the Secretary of Defense. 

23 ‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In 

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1 sible for, and shall have the authority to conduct, all affairs 

2 of such command relating to cyber operations activities. 

3 ‘‘(2) The commander of such command shall be respon4 sible for, and shall have the authority to conduct, the fol5 lowing functions relating to cyber operations activities 

6 (whether or not relating to the cyber command): 

7 ‘‘(A) Developing strategy, doctrine, and tactics. 

8 ‘‘(B) Preparing and submitting to the Secretary 

9 of Defense program recommendations and budget pro10 posals for cyber operations forces and for other forces 

11 assigned to the cyber command. 

12 ‘‘(C) Exercising authority, direction, and control 

13 over the expenditure of funds— 

14 ‘‘(i) for forces assigned directly to the cyber 

15 command; and 

16 ‘‘(ii) for cyber operations forces assigned to 

17 unified combatant commands other than the 

18 cyber command, with respect to all matters cov19 ered by section 807 of the National Defense Au20 thorization Act for Fiscal Year 2014 (Public 

21 Law 114–92; 129 Stat. 886; 10 U.S.C. 2224 

22 note) and, with respect to a matter not covered 

23 by such section, to the extent directed by the Sec24 retary of Defense. 

25 ‘‘(D) Training assigned forces. 


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1 ‘‘(E) Conducting specialized courses of instruc2 tion for commissioned and noncommissioned officers. 

3 ‘‘(F) Validating requirements. 

4 ‘‘(G) Establishing priorities for requirements. 

5 ‘‘(H) Ensuring the interoperability of equipment 

6 and forces. 

7 ‘‘(I) Formulating and submitting requirements 

8 for intelligence support. 

9 ‘‘(J) Monitoring the promotions, assignments, re10 tention, training, and professional military education 

11 of cyber operations forces officers. 

12 ‘‘(3) The commander of the cyber command shall be 

13 responsible for— 

14 ‘‘(A) ensuring the combat readiness of forces as15 signed to the cyber command; and 

16 ‘‘(B) monitoring the preparedness to carry out 

17 assigned missions of cyber forces assigned to unified 

18 combatant commands other than the cyber command. 

19 ‘‘(C) The staff of the commander shall include an 

20 inspector general who shall conduct internal audits 

21 and inspections of purchasing and contracting ac22 tions through the cyber operations command and such 

23 other inspector general functions as may be assigned. 

24 ‘‘(f) INTELLIGENCE AND SPECIAL ACTIVITIES.—This 

25 section does not constitute authority to conduct any activity 


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1 which, if carried out as an intelligence activity by the De2 partment of Defense, would require a notice to the Select 

3 Committee on Intelligence of the Senate and the Permanent 

4 Select Committee on Intelligence of the House of Represent5 atives under title V of the National Security Act of 1947 

6 (50 U.S.C. 3091 et seq.).’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by adding at the 

9 end the following new item: 

‘‘169. Unified combatant command for cyber operations.’’. 

10 SEC. 912. REVISION OF REQUIREMENTS RELATING TO 

11 LENGTH OF JOINT DUTY ASSIGNMENTS. 

12 (a) MINIMUM LENGTH OF ASSIGNMENT.—Section 

13 664(a) of title 10, United States Code, is amended by strik14 ing ‘‘assignment—’’ and paragraphs (1) and (2) and in15 serting ‘‘ assignment shall not be less than two years.’’. 

16 (b) REPEAL OF REQUIREMENTS RELATING TO INITIAL

17 ASSIGNMENT OF CERTAIN OFFICERS AND AVERAGE TOUR

18 LENGTHS.—Section 664 of title 10, United States Code, is 

19 amended by striking subsections (c) and (e). 

20 (c) EXCLUSIONS FROM TOUR LENGTH.—Section 

21 664(d) of title 10, United States Code, is amended— 

22 (1) in paragraph (1), by striking in subpara23 graph (D) and inserting the following new subpara24 graph: 


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1 ‘‘(D) a qualifying reassignment from a joint 

2 duty assignment as prescribed by the Secretary 

3 of Defense by regulation.’’; 

4 (2) by striking paragraph (2); and 

5 (3) by redesignating paragraph (3) as para6 graph (2). 

7 (d) FULL TOUR OF DUTY.—Section 664(f) of title 10, 

8 United States Code, is amended— 

9 (1) in paragraph (1), by striking ‘‘prescribed in’’ 

10 and inserting ‘‘prescribed under’’; 

11 (2) by striking paragraphs (2) and (4); 

12 (3) by redesignating paragraphs (3) and (5) as 

13 paragraphs (2) and (3), respectively; and 

14 (4) by redesignating paragraph (6) as para15 graph (4), and in that paragraph, by striking ‘‘, but 

16 not less than two years’’. 

17 (e) CONSTRUCTIVE CREDIT.—Section 664(h) of title 

18 10, United States Code, is amended— 

19 (1) by striking ‘‘(1) The Secretary of Defense 

20 may accord’’ and inserting ‘‘The Secretary of Defense 

21 may award’’; and 

22 (2) by striking paragraph (2). 

23 (f) CLERICAL AND CONFORMING AMENDMENTS.—Sec24 tion 664 of title 10, United States Code, is further amend25 ed— 


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1 (1) by redesignating subsections (d), (f), (g), and 

2 (h) as subsections (c), (d), (e), and (f), respectively; 

3 (2) in subsection (c), as redesignated, by striking 

4 ‘‘subsection (f)(3)’’ and inserting ‘‘subsection (d)(2)’’; 

5 (3) in subsection (d), as redesignated, by striking 

6 ‘‘subsection (g)’’ and inserting ‘‘subsection (e)’’; 

7 (4) in subsection (e), as redesignated, by striking 

8 ‘‘ subsection (f)(3)’’ and inserting ‘‘ subsection 

9 (d)(2)’’; and 

10 (5) in subsection (f), as redesignated, by striking 

11 ‘‘paragraphs (1), (2), and (4) of subsection (f)’’ and 

12 inserting ‘‘subsection (d)(1)’’. 

13 SEC. 913. REVISION OF DEFINITIONS USED FOR JOINT OF14 FICER MANAGEMENT. 

15 (a) DEFINITION OF JOINT MATTERS.—Paragraph (1) 

16 of section 668(a) of title 10, United States Code, is amended 

17 to read as follows: 

18 ‘‘(1) In this chapter, the term ‘joint matters’ means 

19 matters related to any of the following: 

20 ‘‘(A) The development or achievement of strategic 

21 objectives through the synchronization, coordination, 

22 and organization of integrated forces in operations 

23 conducted across domains, such as land, sea, or air, 

24 in space, or in the information environment, includ25 ing matters relating to any of the following: 


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1 ‘‘(i) National military strategy. 

2 ‘‘(ii) Strategic planning and contingency 

3 planning. 

4 ‘‘(iii) Command and control, intelligence, 

5 fires, movement and maneuver, protection or 

6 sustainment of operations under unified com7 mand. 

8 ‘‘(iv) National security planning with other 

9 departments and agencies of the United States. 

10 ‘‘(v) Combined operations with military 

11 forces of allied nations. 

12 ‘‘(B) Acquisition matters conducted by members 

13 of the armed forces and covered under chapter 87 of 

14 this title involved in developing, testing, contracting, 

15 producing, or fielding of multi-service programs or 

16 systems. 

17 ‘‘(C) Other matters designated in regulation by 

18 the Secretary of Defense in consultation with the 

19 Chairman of the Joint Chiefs of Staff.’’. 

20 (b) DEFINITION OF INTEGRATED FORCES.—Section 

21 668(a)(2) of title 10, United States Code, is amended in 

22 the matter preceding subparagraph (A)— 

23 (1) by striking ‘‘integrated military forces’’ and 

24 inserting ‘‘integrated forces’’; and 


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1 (2) by striking ‘‘the planning or execution (or 

2 both) of operations involving’’ and inserting ‘‘achiev3 ing unified action with’’. 

4 (c) DEFINITION OF JOINT DUTY ASSIGNMENT.—Sec5 tion 668(b)(1) of title 10, United States Code, is amended 

6 by striking subparagraph (A) and inserting the following 

7 new subparagraph: 

8 ‘‘(A) shall be limited to assignments in which— 

9 ‘‘(i) the preponderance of the duties of the 

10 officer involve joint matters and 

11 ‘‘(ii) the officer gains significant experience 

12 in joint matters; and’’. 

13 (d) REPEAL OF DEFINITION OF CRITICAL OCCUPA14 TIONAL SPECIALITY.—Section 668 of title 10, United States 

15 Code, is amended by striking subsection (d). 

16 SEC. 914. INDEPENDENT ASSESSMENT OF COMBATANT 

17 COMMAND STRUCTURE. 

18 (a) ASSESSMENT REQUIRED.—Not later than 30 days 

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

20 of Defense shall enter into a contract with an independent 

21 entity with appropriate expertise to conduct an assessment 

22 on combatant command structure, and to provide rec23 ommendations for improving the overall effectiveness of 

24 combatant command structures. 


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1 (b) ELEMENTS.—The assessment shall include an ex2 amination of the following: 

3 (1) The evolution of combatant command re4 quirements and resources over the last 15 years of 

5 conflict. 

6 (2) The organization, composition, and size of 

7 combatant commands. 

8 (3) The resources of combatant commands, in9 cluding the degree to which combatant commands are 

10 adequately resourced and the degree to which combat11 ant command requirements for forces are met. 

12 (4) The benefits, drawbacks, and resource impli13 cations of eliminating, consolidating, or altering the 

14 structure of combatant commands. 

15 (5) A comparison of combatant command struc16 tures with alternative structures, including Joint 

17 Task Force or task-organized forces below the combat18 ant command level. 

19 (c) REPORT.—Not later than March 1, 2017, the Sec20 retary of Defense shall submit to the congressional defense 

21 committees a report on the findings and recommendations 

22 of the independent entity. 


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1 Subtitle B—Other Matters 

2 SEC. 921. MODIFICATIONS TO CORROSION REPORT. 

3 (a) MODIFICATIONS TO REPORT TO CONGRESS.—Sec4 tion 2228(e)(1) of title 10, United States Code, is amend5 ed— 

6 (1) in the matter preceding subparagraph (A), 

7 by inserting after ‘‘2009’’ the following: ‘‘and ending 

8 with the budget submitted on or before January 31, 

9 2021’’; 

10 (2) by amending subparagraph (B) to read as 

11 follows: 

12 ‘‘(B) The estimated composite return on invest13 ment achieved by implementing the strategy, and doc14 umented in the assessments by the Department of De15 fense of completed corrosion projects and activities.’’; 

16 (3) by amending subparagraph (D) to read as 

17 follows: 

18 ‘‘(D) If the full amount of funding requirements 

19 is not requested in the budget, the reasons for not in20 cluding the full amount and a description of the im21 pact on readiness, logistics, and safety of not fully 

22 funding required corrosion prevention and mitigation 

23 activities’’; and 

24 (4) in subparagraph (F), by striking ‘‘pilot’’. 


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1 (b) REPORT TO DIRECTOR OF CORROSION POLICY AND

2 OVERSIGHT.—Section 2228(e)(2) of such title is amended— 

3 (1) by inserting ‘‘(A)’’ before ‘‘Each report’’; 

4 (2) by striking ‘‘a copy of’’ and all that follows 

5 through the period and inserting ‘‘a summary of the 

6 most recent report required by subparagraph (B)’’; 

7 and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(B) Not later than December 31 of each year, through 

11 December 31, 2020, the corrosion control and prevention ex12 ecutive of a military department shall submit to the Direc13 tor of Corrosion Policy and Oversight a report containing 

14 recommendations pertaining to the corrosion control and 

15 prevention program of the military department. Such re16 port shall include recommendations for the funding levels 

17 necessary for the executive to carry out the duties of the 

18 executive under this section. The report required under this 

19 subparagraph shall— 

20 ‘‘(i) provide a summary of key accomplishments, 

21 goals, and objectives of the corrosion control and pre22 vention program of the military department; and 

23 ‘‘(ii) include the performance measures used to 

24 ensure that the corrosion control and prevention proVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 gram achieved the goals and objectives described in 

2 clause (i).’’. 

3 (c) CONFORMING REPEAL.—Section 903(b) of Public 

4 Law 110–417 (10 U.S.C. 2228 note) is amended by striking 

5 paragraph (5). 

6 SEC. 922. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEM7 BERS AT JOINT SPECIAL OPERATIONS UNI8 VERSITY. 

9 Section 1595(c) of title 10, United States Code, is 

10 amended by adding at the end the following new paragraph: 

11 ‘‘(5) The Joint Special Operations University.’’. 

12 SEC. 923. GUIDELINES FOR CONVERSION OF FUNCTIONS 

13 PERFORMED BY CIVILIAN OR CONTRACTOR 

14 PERSONNEL TO PERFORMANCE BY MILITARY 

15 PERSONNEL. 

16 Section 129a of title 10, United States Code, is amend17 ed by adding at the end the following new subsection: 

18 ‘‘(g) GUIDELINES FOR PERFORMANCE OF CERTAIN

19 FUNCTIONS BY MILITARY PERSONNEL.—(1) Except as pro20 vided in paragraph (2), no functions performed by civilian 

21 personnel or contractors may be converted to performance 

22 by military personnel unless— 

23 ‘‘(A) there is a direct link between the functions 

24 to be performed and a military occupational spe25 cialty; and 


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1 ‘‘(B) the conversion to performance by military 

2 personnel is cost effective, based on Department of De3 fense instruction 7041.04 (or any successor adminis4 trative regulation, directive, or policy). 

5 ‘‘(2) Paragraph (1) shall not apply to the following 

6 functions: 

7 ‘‘(A) Functions required by law or regulation to 

8 be performed by military personnel. 

9 ‘‘(B) Functions related to— 

10 ‘‘(i) missions involving operation risks and 

11 combatant status under the Law of War; 

12 ‘‘(ii) specialized collective and individual 

13 training requiring military-unique knowledge 

14 and skills based on recent operational experience; 

15 ‘‘(iii) independent advice to senior civilian 

16 leadership in the Department of Defense requir17 ing military-unique knowledge and skills based 

18 on recent operational experience; and 

19 ‘‘(iv) command and control arrangements 

20 under chapter 47 of this title (the Uniform Code 

21 of Military Justice).’’. 

22 SEC. 924. PUBLIC RELEASE BY INSPECTORS GENERAL OF 

23 REPORTS OF MISCONDUCT. 

24 (a) RELEASE OF INSPECTOR GENERAL OF THE DE25 PARTMENT OF DEFENSE ADMINISTRATIVE MISCONDUCT


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1 REPORTS.—Section 141 of title 10, United States Code, is 

2 amended by adding at the end the following new subsection: 

3 ‘‘(c) Within 60 days after issuing a final report, the 

4 Inspector General of the Department of Defense shall pub5 licly release any reports of administrative investigations 

6 that confirm misconduct, including violations of Federal 

7 law and violations of policies of the Department of Defense, 

8 of members of the Senior Executive Service, individuals who 

9 are employed in positions of a confidential or policy-deter10 mining character under schedule C of subpart C of part 

11 213 of title 5 of the Code of Federal Regulations, or commis12 sioned officers in the Armed Forces in pay grades O–6 pro13 motable and above. In releasing the reports, the Inspector 

14 General shall ensure that information that would be pro15 tected under section 552 of title 5 (commonly known as the 

16 ‘Freedom of Information Act’), section 552a of title 5 (com17 monly known as the ‘Privacy Act of 1974’), or section 6103 

18 of the Internal Revenue Code of 1986 is not disclosed.’’. 

19 (b) RELEASE OF INSPECTOR GENERAL OF THE ARMY

20 ADMINISTRATIVE MISCONDUCT REPORTS.—Section 3020 of 

21 such title is amended by adding at the end the following 

22 new subsection: 

23 ‘‘(f) Within 60 days after issuing a final report, the 

24 Inspector General of the Army shall publicly release any 

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1 conduct, including violations of Federal law and violations 

2 of policies of the Department of Defense, of members of the 

3 Senior Executive Service, individuals who are employed in 

4 positions of a confidential or policy-determining character 

5 under schedule C of subpart C of part 213 of title 5 of the 

6 Code of Federal Regulations, or commissioned officers in 

7 the Armed Forces in pay grades O–6 promotable and above. 

8 In releasing the reports, the Inspector General shall ensure 

9 that information that would be protected under section 552 

10 of title 5 (commonly known as the ‘Freedom of Information 

11 Act’), section 552a of title 5 (commonly known as the ‘Pri12 vacy Act of 1974’), or section 6103 of the Internal Revenue 

13 Code of 1986 is not disclosed.’’. 

14 (c) RELEASE OF NAVAL INSPECTOR GENERAL ADMIN15 ISTRATIVE MISCONDUCT REPORTS.—Section 5020 of such 

16 title is amended by adding at the end the following new 

17 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 Senior 

23 Executive Service, individuals who are employed in posi24 tions of a confidential or policy-determining character 

25 under schedule C of subpart C of part 213 of title 5 of the 


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1 Code of Federal Regulations, or commissioned officers in 

2 the Armed Forces in pay grades O–6 promotable and above. 

3 In releasing the reports, the Naval Inspector General shall 

4 ensure that information that would be protected under sec5 tion 552 of title 5 (commonly known as the ‘Freedom of 

6 Information Act’), section 552a of title 5 (commonly known 

7 as the ‘Privacy Act of 1974’), or section 6103 of the Internal 

8 Revenue Code of 1986 is not disclosed.’’. 

9 (d) RELEASE OF INSPECTOR GENERAL OF THE AIR

10 FORCE ADMINISTRATIVE MISCONDUCT REPORTS.—Section 

11 8020 of such title is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(f) Within 60 days after issuing a final report, the 

14 Inspector General of the Air Force shall publicly release any 

15 reports of administrative investigations that confirm mis16 conduct, including violations of Federal law and violations 

17 of policies of the Department of Defense, of members of the 

18 Senior Executive Service, individuals who are employed in 

19 positions of a confidential or policy-determining character 

20 under schedule C of subpart C of part 213 of title 5 of the 

21 Code of Federal Regulations, or commissioned officers in 

22 the Armed Forces in pay grades O–6 promotable and above. 

23 In releasing the reports, the Inspector General shall ensure 

24 that information that would be protected under section 552 

25 of title 5 (commonly known as the ‘Freedom of Information 


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1 Act’), section 552a of title 5 (commonly known as the ‘Pri2 vacy Act of 1974’), or section 6103 of the Internal Revenue 

3 Code of 1986 is not disclosed.’’. 

4 SEC. 925. MODIFICATIONS TO REQUIREMENTS FOR AC5 COUNTING FOR MEMBERS OF THE ARMED 

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES LISTED AS MISSING. 

8 (a) LIMITATION OF DEFENSE POW/MIA ACCOUNTING

9 AGENCY TO MISSING PERSONS FROM PAST CONFLICTS.— 

10 Section 1501(a) of title 10, United States Code, is amend11 ed— 

12 (1) in paragraph (1)(A), by inserting ‘‘from past 

13 conflicts’’ after ‘‘matters relating to missing persons’’; 

14 (2) in paragraph (2)— 

15 (A) by striking subparagraph (A); 

16 (B) by redesignating subparagraphs (B), 

17 (C), (D), (E), and (F) as subparagraphs (A), 

18 (B), (C), (D), and (E), respectively; and 

19 (C) by inserting ‘‘from past conflicts’’ after 

20 ‘‘missing persons’’ each place it appears; 

21 (3) in paragraph (4)— 

22 (A) by striking ‘‘for personal recovery (in23 cluding search, rescue, escape, and evasion) 

24 and’’; and 


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1 (B) by inserting ‘‘from past conflicts’’ after 

2 ‘‘missing persons’’; and 

3 (4) by striking paragraph (5). 

4 (b) ACTION UPON DISCOVERY OR RECEIPT OF INFOR5 MATION.—Section 1505(c) of such title is amended by strik6 ing ‘‘designated Agency Director’’ in paragraphs (1), (2), 

7 and (3) and inserting ‘‘Secretary of Defense’’. 

8 (c) DEFINITION OF ‘‘ACCOUNTED FOR’’.—Section 

9 1513(3)(B) of such title is amended by inserting ‘‘to the 

10 extent practicable’’ after ‘‘are recovered’’. 

11 Subtitle C—Department of the Navy 

12 and Marine Corps 

13 SEC. 931. REDESIGNATION OF THE DEPARTMENT OF THE 

14 NAVY AS THE DEPARTMENT OF THE NAVY 

15 AND MARINE CORPS. 

16 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

17 The military department designated as the Department of 

18 the Navy is redesignated as the Department of the Navy 

19 and Marine Corps. 

20 (b) REDESIGNATION OF SECRETARY AND OTHER

21 STATUTORY OFFICES.— 

22 (1) SECRETARY.—The position of the Secretary 

23 of the Navy is redesignated as the Secretary of the 

24 Navy and Marine Corps. 


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1 (2) OTHER STATUTORY OFFICES.—The positions 

2 of the Under Secretary of the Navy, the four Assistant 

3 Secretaries of the Navy, and the General Counsel of 

4 the Department of the Navy are redesignated as the 

5 Under Secretary of the Navy and Marine Corps, the 

6 Assistant Secretaries of the Navy and Marine Corps, 

7 and the General Counsel of the Department of the 

8 Navy and Marine Corps, respectively. 

9 SEC. 932. CONFORMING AMENDMENTS TO TITLE 10, UNITED 

10 STATES CODE. 

11 (a) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

12 Paragraph (8) of section 101(a) of title 10, United States 

13 Code, is amended to read as follows: 

14 ‘‘(8) The term ‘military department’ means the 

15 Department of the Army, the Department of the Navy 

16 and Marine Corps, and the Department of the Air 

17 Force.’’. 

18 (b) ORGANIZATION OF DEPARTMENT.—The text of sec19 tion 5011 of such title is amended to read as follows: ‘‘The 

20 Department of the Navy and Marine Corps is separately 

21 organized under the Secretary of the Navy and Marine 

22 Corps.’’. 

23 (c) POSITION OF SECRETARY.—Section 5013(a)(1) of 

24 such title is amended by striking ‘‘There is a Secretary of 


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1 the Navy’’ and inserting ‘‘There is a Secretary of the Navy 

2 and Marine Corps’’. 

3 (d) CHAPTER HEADINGS.— 

4 (1) The heading of chapter 503 of such title is 

5 amended to read as follows: 

6 ‘‘CHAPTER 503—DEPARTMENT OF THE 

7 NAVY AND MARINE CORPS’’. 

8 (2) The heading of chapter 507 of such title is 

9 amended to read as follows: 

10 ‘‘CHAPTER 507—COMPOSITION OF THE DE11 PARTMENT OF THE NAVY AND MARINE 

12 CORPS’’. 

13 (e) OTHER AMENDMENTS.— 

14 (1) Title 10, United States Code, is amended by 

15 striking ‘‘Department of the Navy’’ and ‘‘Secretary of 

16 the Navy’’ each place they appear other than as speci17 fied in subsections (a), (b), (c), and (d) (including in 

18 section headings, subsection captions, tables of chap19 ters, and tables of sections) and inserting ‘‘Depart20 ment of the Navy and Marine Corps’’ and ‘‘Secretary 

21 of the Navy and Marine Corps’’, respectively, in each 

22 case with the matter inserted to be in the same type23 face and typestyle as the matter stricken. 

24 (2)(A) Sections 5013(f), 5014(b)(2), 5016(a), 

25 5017(2), 5032(a), and 5042(a) of such title are 


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1 amended by striking ‘‘Assistant Secretaries of the 

2 Navy’’ and inserting ‘‘Assistant Secretaries of the 

3 Navy and Marine Corps’’. 

4 (B) The heading of section 5016 of such title, 

5 and the item relating to such section in the table of 

6 sections at the beginning of chapter 503 of such title, 

7 are each amended by inserting ‘‘and Marine Corps’’ 

8 after ‘‘of the Navy’’, with the matter inserted in each 

9 case to be in the same typeface and typestyle as the 

10 matter amended. 

11 SEC. 933. OTHER PROVISIONS OF LAW AND OTHER REF12 ERENCES. 

13 (a) TITLE 37, UNITED STATES CODE.—Title 37, 

14 United States Code, is amended by striking ‘‘Department 

15 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

16 appear and inserting ‘‘Department of the Navy and Marine 

17 Corps’’ and ‘‘Secretary of the Navy and Marine Corps’’, 

18 respectively. 

19 (b) OTHER REFERENCES.—Any reference in any law 

20 other than in title 10 or title 37, United States Code, or 

21 in any regulation, document, record, or other paper of the 

22 United States, to the Department of the Navy shall be con23 sidered to be a reference to the Department of the Navy and 

24 Marine Corps. Any such reference to an office specified in 


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1 section 2(b) shall be considered to be a reference to that offi2 cer as redesignated by that section. 

3 SEC. 934. EFFECTIVE DATE. 

4 This subtitle and the amendments made by this sub5 title shall take effect on the first day of the first month be6 ginning more than 60 days after the date of the enactment 

7 of this Act. 

8 TITLE X—GENERAL PROVISIONS 

9 Subtitle A—Financial Matters 

10 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

11 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

12 (1) AUTHORITY.—Upon determination by the 

13 Secretary of Defense that such action is necessary in 

14 the national interest, the Secretary may transfer 

15 amounts of authorizations made available to the De16 partment of Defense in this division for fiscal year 

17 2017 between any such authorizations for that fiscal 

18 year (or any subdivisions thereof). Amounts of au19 thorizations so transferred shall be merged with and 

20 be available for the same purposes as the authoriza21 tion to which transferred. 

22 (2) LIMITATION.—Except as provided in para23 graph (3), the total amount of authorizations that the 

24 Secretary may transfer under the authority of this 

25 section may not exceed $5,000,000,000. 


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1 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI2 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

3 funds between military personnel authorizations 

4 under title IV shall not be counted toward the dollar 

5 limitation in paragraph (2). 

6 (b) LIMITATIONS.—The authority provided by sub7 section (a) to transfer authorizations— 

8 (1) may only be used to provide authority for 

9 items that have a higher priority than the items from 

10 which authority is transferred; and 

11 (2) may not be used to provide authority for an 

12 item that has been denied authorization by Congress. 

13 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans14 fer made from one account to another under the authority 

15 of this section shall be deemed to increase the amount au16 thorized for the account to which the amount is transferred 

17 by an amount equal to the amount transferred. 

18 (d) NOTICE TO CONGRESS.—The Secretary shall 

19 promptly notify Congress of each transfer made under sub20 section (a). 


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1 SEC. 1002. REQUIREMENT TO TRANSFER FUNDS FROM DE2 PARTMENT OF DEFENSE ACQUISITION WORK3 FORCE DEVELOPMENT FUND TO THE TREAS4 URY. 

5 (a) TRANSFER REQUIRED.—During fiscal year 2017, 

6 the Secretary of Defense shall transfer, from amounts avail7 able in the Department of Defense Acquisition Workforce 

8 Development Fund from amounts credited to the Fund pur9 suant to section 1705(d)(2) of title 10, United States Code, 

10 $475,000,000 to the Secretary of the Treasury for deposit 

11 in the general fund of the Treasury. 

12 (b) ADDITIONAL AUTHORITY.—The transfer authority 

13 provided by this section is in addition to any other transfer 

14 authority contained in this Act. 

15 Subtitle B—Counter-Drug Activities 

16 SEC. 1011. EXTENSION OF AUTHORITY TO PROVIDE ADDI17 TIONAL SUPPORT FOR COUNTER-DRUG AC18 TIVITIES OF FOREIGN GOVERNMENTS. 

19 Section 1033(a)(2) of the National Defense Authoriza20 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

21 Stat. 1881), as most recently amended by section 1012 of 

22 the National Defense Authorization Act for Fiscal Year 

23 2016 (Public Law 114–92; 129 Stat. 963), is further 

24 amended by striking ‘‘September 30, 2017’’ and inserting 

25 ‘‘September 30, 2019’’. 


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1 SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA 

2 AND PROGRAM STRUCTURES OF NATIONAL 

3 GUARD COUNTERDRUG SCHOOLS. 

4 (a) IN GENERAL.—Section 901 of the Office of Na5 tional Drug Control Policy Reauthorization Act of 2006 

6 (Public Law 109–469; 32 U.S.C. 112 note) is amended— 

7 (1) by redesignating subsections (e) through (g) 

8 as subsections (f) through (h), respectively; and 

9 (2) by inserting after subsection (d) the following 

10 new subsection (e): 

11 ‘‘(e) CURRICULUM REVIEW.—The Secretary of Defense 

12 may review and approve the curriculum and program 

13 structure of each school established under this section.’’. 

14 (b) TECHNICAL AMENDMENT.—Subsection (d)(1) of 

15 such section is amended by striking ‘‘section 112(b) of that 

16 title 32’’ and inserting ‘‘section 112(b) of title 32’’. 

17 SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI18 FIED COUNTERDRUG AND COUNTERTER19 RORISM CAMPAIGN IN COLOMBIA. 

20 Section 1021 of the Ronald W. Reagan National De21 fense Authorization Act for Fiscal Year 2005 (Public Law 

22 108–375; 118 Stat. 2042), as most recently amended by sec23 tion 1011(a) of the National Defense Authorization Act for 

24 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 962 ), is 

25 further amended— 


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1 (1) in subsection (a), by striking ‘‘2017’’ and in2 serting ‘‘2018’’; and 

3 (2) in subsection (c), by striking ‘‘2017’’ and in4 serting ‘‘2018’’. 

5 Subtitle C—Naval Vessels and 

6 Shipyards 

7 SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RE8 SPECT TO OVERHAUL, REPAIR, OR MAINTE9 NANCE OF NAVAL VESSELS. 

10 Section 7299a(c)(4) of title 10, United States Code, is 

11 amended by striking ‘‘six months’’ and inserting ‘‘10 

12 months’’. 

13 SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING 

14 CONTRACTS. 

15 (a) IN GENERAL.—Chapter 633 of title 10, United 

16 States Code, is amended by adding at the end the following 

17 new section: 

18 ‘‘§ 7318. Warranty requirements for shipbuilding con19 tracts 

20 ‘‘(a) REQUIREMENT.—A contracting officer for a con21 tract for which funds are expended from the Shipbuilding 

22 and Conversion, Navy account shall require, as a condition 

23 of the contract, that the work performed under the contract 

24 is covered by a warranty for a period of at least one year. 


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1 ‘‘(b) WAIVER.—If the contracting officer for a contract 

2 covered by the requirement under subsection (a) determines 

3 that a limited liability of warranted work is in the best 

4 interest of the Government, the contracting officer may 

5 agree to limit the liability of the work performed under the 

6 contract to a level that the contracting officer determines 

7 is sufficient to protect the interests of the Government and 

8 in keeping with historical levels of warranted work on simi9 lar vessels.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by adding at the 

12 end the following new item: 

‘‘7318. Warranty requirements for shipbuilding contracts.’’. 

13 SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND. 

14 (a) TRANSFER AUTHORITY.—Section 1022(b)(1) of the 

15 National Defense Authorization Act for Fiscal Year 2015 

16 (Public Law 113–291; 128 Stat. 3487), as amended by sec17 tion 1022(b) of the National Defense Authorization Act for 

18 Fiscal Year 2016 (Public Law 114–92), is further amended 

19 by striking ‘‘or 2017’’ and inserting ‘‘2017, or 2018’’. 

20 (b) AUTHORITY FOR MULTIYEAR PROCUREMENT OF

21 CRITICAL COMPONENTS TO SUPPORT CONTINUOUS PRO22 DUCTION.—Section 2218a of title 10, United States Code, 

23 is amended— 

24 (1) by redesignating subsections (i) and (j) as 

25 subsections (j) and (k), respectively; and 


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1 (2) by inserting after subsection (h) the following 

2 new subsection (i): 

3 ‘‘(i) AUTHORITY FOR MULTIYEAR PROCUREMENT OF

4 CRITICAL COMPONENTS TO SUPPORT CONTINUOUS PRO5 DUCTION.—(1) To implement the continuous production of 

6 critical components, the Secretary of the Navy may use 

7 funds deposited in the Fund, in conjunction with funds ap8 propriated for the procurement of other nuclear-powered 

9 vessels, to enter into one or more multiyear contracts (in10 cluding economic ordering quantity contracts), for the pro11 curement of critical contractor-furnished and Government12 furnished components for national sea-based deterrence ves13 sels. The authority under this subsection extends to the pro14 curement of equivalent critical parts, components, systems, 

15 and subsystems common with and required for other nu16 clear-powered vessels. 

17 ‘‘(2) Any contract entered into pursuant to paragraph 

18 (1) shall provide that any obligation of the United States 

19 to make a payment under the contract is subject to the 

20 availability of appropriations for that purpose and that the 

21 total liability to the Government for the termination of the 

22 contract shall be limited to the total amount of funding obli23 gated for the contract as of the date of the termination.’’. 


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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 fis6 cal 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 INACTIVATION.— 

12 None of the funds authorized to be appropriated by this Act 

13 or otherwise made available for the Department of Defense 

14 for fiscal year 2017 may be obligated or expended— 

15 (1) to retire, prepare to retire, or inactivate a 

16 cruiser or dock landing ship; or 

17 (2) to place in a modernization status more than 

18 six cruisers and one dock landing ship identified in 

19 section 1026(a)(2) of the Carl Levin and Howard P. 

20 ‘‘Buck’’ McKeon National Defense Authorization Act 

21 for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 

22 3490). 

23 (b) HULL, MECHANICAL, AND ELECTRICAL MOD24 ERNIZATION.—Not more than 75 percent of the funds made 

25 available for the Office of the Secretary of Defense for fiscal 


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1 year 2017 may be obligated until the Secretary of the 

2 Navy— 

3 (1) enters into a contract for the modernization 

4 industrial period associated with four cruisers and 

5 one dock landing ship referred to in section 

6 1026(a)(2) of the Carl Levin and Howard P. ‘‘Buck’’ 

7 McKeon National Defense Authorization Act for Fis8 cal Year 2015 (Public Law 113–291; 128 Stat. 3490); 

9 and 

10 (2) enters into a contract for the procurement of 

11 combat systems upgrades associated with six such 

12 cruisers and one such dock landing ship. 

13 SEC. 1025. RESTRICTIONS ON THE OVERHAUL AND REPAIR 

14 OF VESSELS IN FOREIGN SHIPYARDS. 

15 (a) IN GENERAL.—Section 7310(b)(1) of title 10, 

16 United States Code, is amended— 

17 (1) by striking ‘‘In the case’’ and inserting ‘‘(A) 

18 Except as provided in subparagraph (B), in the 

19 case’’; 

20 (2) by striking ‘‘during the 15-month’’ and all 

21 that follows through ‘‘United States)’’; 

22 (3) by inserting before the period at the end the 

23 following: ‘‘, other than in the case of voyage repairs’’; 

24 and 


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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 sub8 section (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 title 

17 10, United States Code is amended by striking ‘‘quarterly’’ 

18 and inserting ‘‘monthly’’. 

19 (b) SECTION HEADING.—The section heading for such 

20 section is amended by striking ‘‘Quarterly’’ and insert21 ing ‘‘Monthly’’. 

22 (c) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of chapter 23 of such title is amended by 

24 striking the item relating to section 485 and inserting the 

25 following new item: 

‘‘485. Monthly counterterrorism operations briefings.’’. 


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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 otherwise 

6 made available for the Department of Defense may be used 

7 during the period beginning on the date of the enactment 

8 of this Act and ending on December 31, 2017, to transfer, 

9 release, or assist in the transfer or release to or within the 

10 United States, its territories, or possessions of Khalid 

11 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, 2009, 

15 at United States Naval Station, Guantanamo Bay, 

16 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 the 

25 date of the enactment of this Act and ending on December 

26 31, 2017, to construct or modify any facility in the United 


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1 States, its territories, or possessions to house any individual 

2 detained at Guantanamo for the purposes of detention or 

3 imprisonment in the custody or under the control of the 

4 Department of Defense unless authorized by Congress. 

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

6 shall not apply to any modification of facilities at United 

7 States Naval Station, Guantanamo Bay, Cuba. 

8 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE9 FINED.—In this section, the term ‘‘individual detained at 

10 Guantanamo’’ has the meaning given that term in section 

11 1034(f)(2) of the National Defense Authorization Act for 

12 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 

13 U.S. C. 801 note). 

14 SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER 

15 OR RELEASE TO CERTAIN COUNTRIES OF IN16 DIVIDUALS DETAINED AT UNITED STATES 

17 NAVAL STATION, GUANTANAMO BAY, CUBA. 

18 No amounts authorized to be appropriated or otherwise 

19 made available for the Department of Defense may be used 

20 during the period beginning on the date of the enactment 

21 of this Act and ending on December 31, 2017, to transfer, 

22 release, or assist in the transfer or release of any individual 

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1 namo Bay, Cuba, to the custody or control of any country, 

2 or any entity within such country, as follows: 

3 (1) Libya. 

4 (2) Somalia. 

5 (3) Syria. 

6 (4) Yemen. 

7 SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGN8 MENT OF FORCES AT OR CLOSURE OF 

9 UNITED STATES NAVAL STATION, GUANTA10 NAMO BAY, CUBA. 

11 No amounts authorized to be appropriated or otherwise 

12 made available for the Department of Defense for fiscal year 

13 2017 may be used— 

14 (1) to close or abandon United States Naval Sta15 tion, Guantanamo Bay, Cuba; 

16 (2) to relinquish control of Guantanamo Bay to 

17 the Republic of Cuba; or 

18 (3) to implement a material modification to the 

19 Treaty Between the United States of America and 

20 Cuba signed at Washington, D.C. on May 29, 1934, 

21 that constructively closes United States Naval Sta22 tion, Guantanamo Bay. 


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1 SEC. 1036. MODIFICATION OF CONGRESSIONAL NOTIFICA2 TION OF SENSITIVE MILITARY OPERATIONS. 

3 Section 130f of title 10, United States Code, is amend4 ed— 

5 (1) in subsection (a)— 

6 (A) in the first sentence, by inserting ‘‘no 

7 later than 48 hours’’ after ‘‘under this title’’; and 

8 (B) in the second sentence, by inserting 

9 ‘‘and the National Defense Authorization Act for 

10 Fiscal Year 2017’’ before the period at the end; 

11 and 

12 (2) by striking subsection (d) and inserting the 

13 following: 

14 ‘‘(d) SENSITIVE MILITARY OPERATION DEFINED.—In 

15 this section, the term ‘sensitive military operation’ means 

16 an operation— 

17 ‘‘(1) conducted by the United States armed forces 

18 outside the United States, whether conducted by the 

19 United States acting alone or cooperatively; 

20 ‘‘(2) conducted pursuant to— 

21 ‘‘(A) the Authorization for the Use of Mili22 tary Force (Public Law 107–40; 50 U.S.C. 

23 1541); or 

24 ‘‘(B) any other authority except— 

25 ‘‘(i) a declaration of war; or 


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1 ‘‘(ii) a specific statutory authorization 

2 for the use of force other than the authoriza3 tion 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 self 

10 defense, or in defense of a foreign partner during 

11 a cooperative operation.’’. 

12 SEC. 1037. COMPREHENSIVE STRATEGY FOR DETENTION OF 

13 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, sub17 mit to the appropriate congressional committees a report 

18 setting forth the details of a comprehensive strategy for the 

19 detention of current and future individuals captured and 

20 held pursuant to the Authorization for Use of Military 

21 Force (Public Law 107–40) pending the end of hostilities. 

22 (b) COMPREHENSIVE STRATEGY.—The comprehensive 

23 detention strategy required by subsection (a) shall contain 

24 the following: 


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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 information 

5 is currently gathered from individuals captured in 

6 theaters of combat operation. 

7 (3) A plan for the disposition of individuals cap8 tured 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 held 

12 pursuant to the Authorization for Use of Military 

13 Force who are currently detained at the United States 

14 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.—In 

19 this section, the term ‘‘appropriate congressional commit20 tees’’ means— 

21 (1) the congressional defense committees; 

22 (2) the Permanent Select Committee on Intel23 ligence of the House of Representatives and the Select 

24 Committee on Intelligence of the Senate; and 


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1 (3) the Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on For3 eign Relations of the Senate. 

4 Subtitle E—Miscellaneous 

5 Authorities and Limitations 

6 SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION 

7 BY THE DEPARTMENT OF DEFENSE OF NON8 DEPARTMENT OF DEFENSE PERSONNEL AND 

9 CARGO. 

10 (a) TRANSPORTATION OF ALLIED AND CIVILIAN PER11 SONNEL AND CARGO.—Subsection (c) of section 2649 of title 

12 10, United States Code, is amended— 

13 (1) in the subsection heading, by striking ‘‘PER14 SONNEL’’ and inserting ‘‘AND CIVILIAN PERSONNEL

15 AND CARGO’’; 

16 (2) by striking ‘‘Until January 6, 2016, when’’ 

17 and inserting ‘‘When’’; and 

18 (3) by striking ‘‘allied forces or civilians’’, and 

19 inserting ‘‘allied and civilian personnel and cargo’’. 

20 (b) COMMERCIAL INSURANCE.—Such section is further 

21 amended by adding at the end the following new subsection: 

22 ‘‘(d) COMMERCIAL INSURANCE.—The Secretary may 

23 enter into a contract or other arrangement with one or more 

24 commercial providers to make insurance products available 

25 to non-Department of Defense shippers using the Defense 


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1 Transportation System to insure against the loss or damage 

2 of the shipper’s cargo. Any such contract or arrangement 

3 shall provide that— 

4 ‘‘(1) any insurance premium is collected by the 

5 commercial provider; 

6 ‘‘(2) any claim for loss or damage is processed 

7 and paid by the commercial provider; 

8 ‘‘(3) the commercial provider agrees to hold the 

9 United States harmless and waive any recourse 

10 against the United States for amounts paid to an in11 sured as a result of a claim; and 

12 ‘‘(4) the contract between the commercial pro13 vider and the insured shall contain a provision 

14 whereby the insured waives any claim against the 

15 United States for loss or damage that is within the 

16 scope of enumerated risks covered by the insurance 

17 product.’’. 

18 (c) CONFORMING CROSS-REFERENCE AMENDMENTS.— 

19 Subsection (b) of such section is amended by striking ‘‘this 

20 section’’ both places it appears and inserting ‘‘subsection 

21 (a)’’. 


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1 SEC. 1042. LIMITATION ON RETIREMENT, DEACTIVATION, 

2 OR DECOMMISSIONING OF MINE COUNTER3 MEASURES SHIPS. 

4 Section 1090 of the National Defense Authorization 

5 Act for Fiscal Year 2016 (Public Law 111–92; 129 Stat. 

6 1016) is amended by striking subsection (b) and inserting 

7 the following: 

8 ‘‘(b) LIMITATION ON RETIREMENT OF MCM SHIPS.— 

9 ‘‘(1) IN GENERAL.—None of the funds authorized 

10 to be appropriated by this Act or otherwise made 

11 available for the Department of the Navy for fiscal 

12 year 2017 may be obligated or expended to retire, de13 activate, decommission, to prepare to retire, deacti14 vate, decommission, or to place in storage backup in15 ventory or reduced operating status any MCM-1 class 

16 ship. 

17 ‘‘(2) WAIVER AUTHORITY.— 

18 ‘‘(A) IN GENERAL.—The Secretary of the 

19 Navy may waive the limitation under paragraph 

20 (1) with respect to any MCM-1 class ship if the 

21 Secretary provides to the congressional defense 

22 committees certification that the operational test 

23 and evaluation for replacement capabilities for 

24 the ship is complete and such capabilities are 

25 available in sufficient quantities to ensure suffi26 cient mine countermeasures capacity is available 


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1 to meet requirements as set forth in the Join 

2 Strategic Capabilities Plan, the campaign plans 

3 of the combatant commanders, and the Navy’s 

4 Force Structure Assessment. 

5 ‘‘(B) REPORT.—The first time the Secretary 

6 of the Navy exercises the waiver authority under 

7 subparagraph (A), the Secretary shall submit to 

8 the congressional defense committees a report 

9 that includes— 

10 ‘‘(i) the recommendations of the Sec11 retary regarding MCM force structure; 

12 ‘‘(ii) the recommendations of the Sec13 retary regarding how to ensure the oper14 ational effectiveness of the surface MCM 

15 force through 2025 based on current capa16 bilities and capacity, replacement schedules, 

17 and service life extensions or retirement 

18 schedules; 

19 ‘‘(iii) an assessment of the MCM ves20 sels, including the decommissioned MCM-1 

21 and MCM-2 ships and the potential of such 

22 ships for reserve operating status; and 

23 ‘‘(iv) an assessment of the Littoral 

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1 ment one performance against the initial 

2 operational test and evaluation criteria.’’. 

3 SEC. 1043. EXTENSION OF AUTHORITY OF SECRETARY OF 

4 TRANSPORTATION TO ISSUE NON-PREMIUM 

5 AVIATION INSURANCE. 

6 Section 44310(b) of title 49, United States Code, is 

7 amended by striking ‘‘December 31, 2018’’ and inserting 

8 ‘‘December 31, 2019’’. 

9 SEC. 1044. EVALUATION OF NAVY ALTERNATE COMBINA10 TION COVER AND UNISEX COMBINATION 

11 COVER. 

12 (a) MANDATORY POSSESSION OR WEAR DATE.—The 

13 Secretary of the Navy shall change the mandatory posses14 sion or wear date of the alternate combination cover or the 

15 unisex combination cover from October 31, 2016, to October 

16 31, 2020. 

17 (b) EVALUATION AND REPORT.—The Secretary of the 

18 Navy may not implement or enforce any change to Navy 

19 female service dress uniforms until the Secretary submits 

20 to the Committees on Armed Services of the Senate and 

21 House of Representatives a report on the evaluation of the 

22 Navy female service dress uniforms. Such evaluation shall 

23 include each of the following: 


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1 (1) An identification of the operational need ad2 dressed by the alternate combination cover or the uni3 sex combination cover. 

4 (2) An assessment of the individual cost of serv5 ice dress uniform items to members of the Armed 

6 Forces as a percentage of their monthly pay. 

7 (3) The composition of each uniform item’s wear 

8 test group. 

9 (4) An identification of the costs to the Navy and 

10 to individual members of the Armed Forces for uni11 form changes identified in the Navy administrative 

12 message 236/15 dated October 9, 2015. 

13 (5) The opinions of female members of the Navy 

14 active and reserve components. 

15 SEC. 1045. DEPARTMENT OF DEFENSE PROTECTION OF NA16 TIONAL SECURITY SPECTRUM. 

17 (a) EVALUATION.—The Secretary of Defense and the 

18 Chairman of the Joint Chiefs of Staff shall jointly evalu19 ate— 

20 (1) the statutory and regulatory options avail21 able to the Secretary and the Chairman to protect 

22 critical test and training capability in the event of 

23 spectrum auctions affecting frequencies used by the 

24 Department of Defense; and 


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1 (2) the utility, effect, and limitation, if any, of 

2 section 1062 of the National Defense Authorization 

3 Act for Fiscal Year 2000 (Public Law 106–65; 113 

4 Stat. 767). 

5 (b) SUBMISSION.—Not later than 90 days after the 

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

7 Chairman shall submit to the congressional defense commit8 tees the evaluation under subsection (a), including any rec9 ommendations of the Secretary and the Chairman for addi10 tional statutory or regulatory options that would enhance 

11 the ability of the Secretary and the Chairman to protect 

12 national security equities. 

13 SEC. 1046. TRANSPORTATION ON MILITARY AIRCRAFT ON A 

14 SPACE-AVAILABLE BASIS FOR MEMBERS AND 

15 FORMER MEMBERS OF THE ARMED FORCES 

16 WITH DISABILITIES RATED AS TOTAL. 

17 (a) AVAILABILITY OF TRANSPORTATION.—Section 

18 2641b of title 10, United States Code, is amended— 

19 (1) by redesignating subsection (f) as subsection 

20 (g); and 

21 (2) by inserting after subsection (e) the following 

22 new subsection (f): 

23 ‘‘(f) SPECIAL PRIORITY FOR CERTAIN DISABLED VET24 ERANS.—(1) The Secretary of Defense shall provide trans25 portation on scheduled and unscheduled military flights 


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1 within the continental United States and on scheduled over2 seas flights operated by the Air Mobility Command on a 

3 space-available basis for any member or former member of 

4 the armed forces with a disability rated as total on the same 

5 basis as such transportation is provided to members of the 

6 armed forces entitled to retired or retainer pay. 

7 ‘‘(2) The transportation priority required by para8 graph (1) for veterans described in such paragraph applies 

9 whether or not the Secretary establishes the travel program 

10 authorized by this section. 

11 ‘‘(3) In this subsection, the term ‘disability rated as 

12 total’ has the meanings given that term in section 

13 1414(e)(3) of this title.’’. 

14 (b) EFFECTIVE DATE.—Subsection (f) of section 2641b 

15 of title 10, United States Code, as added by subsection (a), 

16 shall take effect at the end of the 90-day period beginning 

17 on the date of the enactment of this Act. 

18 SEC. 1047. NATIONAL GUARD FLYOVERS OF PUBLIC 

19 EVENTS. 

20 (a) STATEMENT OF POLICY.—It shall be the policy of 

21 the Department of Defense that flyovers of public events in 

22 support of community relations activities may only be 

23 flown as part of an approved training mission at no addi24 tional expense to the Federal Government. 


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1 (b) NATIONAL GUARD FLYOVER APPROVAL PROC2 ESS.—The Adjutant General of a State in which an Army 

3 National Guard or Air National Guard unit is based will 

4 be the approval authority for all Air National Guard and 

5 Army National Guard flyovers in that State, including any 

6 request for a flyover in any civilian domain at a nonavia7 tion related event. 

8 (c) FLYOVER RECORD MAINTENANCE; REPORT.— 

9 (1) RECORD MAINTENANCE.—The Secretary of 

10 Defense shall keep and maintain records of flyover re11 quests and approvals in a publicly accessible database 

12 that is updated annually. 

13 (2) GAO REPORT.—Not later than one year after 

14 the date of the enactment of this Act, the Comptroller 

15 General of the United States shall submit to the Com16 mittee on Armed Services of the House of Representa17 tives and the Committee on Armed Services of the 

18 Senate a report on flyovers and the process whereby 

19 flyover requests are made and evaluated, including— 

20 (A) whether there is any cost to taxpayers 

21 associated with flyovers; 

22 (B) whether there is any appreciable public 

23 relations or recruitment value that comes from 

24 flyovers; and 


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1 (C) the impact flyovers have to aviator 

2 training and readiness. 

3 (d) FLYOVER DEFINED.—In this section, the term ‘‘fly4 over’’ means aviation support— 

5 (1) in which a straight and level flight limited 

6 to one pass by a single military aircraft, or by a sin7 gle formation of four or fewer military aircraft of the 

8 same type, from the same military department over 

9 a predetermined point on the ground at a specific 

10 time; 

11 (2) that does not involve aerobatics or dem12 onstrations; and 

13 (3) uses bank angles of up to 90 degrees if re14 quired to improve the spectator visibility of the air15 craft. 

16 Subtitle F—Studies and Reports 

17 SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DE18 PARTMENT OF DEFENSE REPORTING RE19 QUIREMENTS. 

20 (a) EXCEPTIONS TO REPORTS TERMINATION PROVI21 SION.—Section 1080 of the National Defense Authorization 

22 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

23 1000; 10 U.S.C. 111 note) does not apply to any report 

24 required to be submitted to Congress by the Department of 

25 Defense, or by any officer, official, component, or element 


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1 of the Department, pursuant to a provision of law specified 

2 in this section, notwithstanding the enactment of the report3 ing requirement by an annual national defense authoriza4 tion Act or the inclusion of the report in the list of reports 

5 prepared by the Secretary of Defense pursuant to subsection 

6 (c) of such section 1080. 

7 (b) FINAL TERMINATION DATE FOR SUBMITTAL OF

8 EXEMPTED REPORTS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), each report required pursuant to a provi11 sion of law specified in this section that is still re12 quired to be submitted to Congress as of January 31, 

13 2021, shall no longer be required to be submitted to 

14 Congress after that date. 

15 (2) REPORTS EXEMPTED FROM TERMINATION.— 

16 The termination dates specified in paragraph (1) and 

17 section 1080 of the National Defense Authorization 

18 Act for Fiscal Year 2016 do not apply to the fol19 lowing: 

20 (A) The submission of the reports on the 

21 National Military Strategy and Risk Assessment 

22 under section 153(b)(3) of title 10, United States 

23 Code. 


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1 (B) The submission of the future-years de2 fense program (including associated annexes) 

3 under section 221 of title 10, United States Code. 

4 (C) The submission of the future-years mis5 sion budget for the military programs of the De6 partment of Defense under section 221 of such 

7 title. 

8 (D) The submission of audits of contracting 

9 compliance by the Inspector General of the De10 partment of Defense under section 1601(b) of the 

11 National Defense Authorization Act for Fiscal 

12 Year 2014 (Public Law 113–66; 10 U.S.C. 2533a 

13 note) 

14 (c) REPORTS REQUIRED BY TITLE 10, UNITED

15 STATES CODE.—Subject to subsection (b), subsection (a) 

16 applies to reporting requirements contained in the following 

17 sections of title 10, United States Code: 

18 (1) Section 127b(f), relating to a report on the 

19 administration of Department of Defense rewards 

20 program against international terrorism. 

21 (2) Section 127d(d), relating to a report on pro22 vision of logistic support, supplies, and services to al23 lied forces participating in combined operations. 

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1 ment of Defense, including the report component re2 quired by section 2399(g) on operational test and 

3 evaluation of defense acquisition programs. 

4 (4) Section 139b(d), relating to a report on ac5 tivities of the Deputy Assistant Secretary of Defense 

6 for Developmental Test and Evaluation. 

7 (5) Sections 153(c), relating to a report on the 

8 requirements of the combatant commands. 

9 (6) Section 179(f), relating to reports and assess10 ments regarding nuclear stockpile and stockpile stew11 ardship program. 

12 (7) Section 196(d), relating to a report on the 

13 strategic plan reflecting the needs of the Department 

14 of Defense with respect to test and evaluation facili15 ties and resources. 

16 (8) Section 229, relating to submission of budget 

17 information regarding Department of Defense pro18 grams for combating terrorism. 

19 (9) Section 231, relating to submission of naval 

20 vessel construction plan and related certification. 

21 (10) Section 238, relating to submission of a 

22 budget justification display regarding cyber mission 

23 forces. 


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1 (11) Section 401(d), relating to a report on the 

2 provision of humanitarian and civic assistance in 

3 conjunction with military operations. 

4 (12) Section 494(b), relating to a report on the 

5 nuclear weapons stockpile of the United States. 

6 (13) Section 526(j), relating to a report on gen7 eral officer and flag officer numbers. 

8 (14) Section 981(c), relating to a report on en9 listed aide numbers. 

10 (15) Section 1557(e), relating to a report on any 

11 failure to achieve timeliness standard for disposition 

12 of applications before Corrections Boards. 

13 (16) Section 2011(e), relating to a report on 

14 training of special operations forces with friendly for15 eign forces. 

16 (17) Section 2166(i), relating to a report on the 

17 activities of the Western Hemisphere Institute for Se18 curity Cooperation. 

19 (18) Section 2218(h), relating to submission of 

20 budget requests for the National Defense Sealift Fund. 

21 (19) Section 2228(e), relating to a report on the 

22 long-term strategy and related matters regarding re23 ducing corrosion and its effects on military equip24 ment and infrastructure. 


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1 (20) Section 2229a, relating to a report on the 

2 status of materiel in the prepositioned stocks. 

3 (21) Section 2249c(c), relating to a report on the 

4 administration of the Regional Defense Combating 

5 Terrorism Fellowship Program. 

6 (22) Section 2275, relating to reports on major 

7 satellite acquisition programs, including report up8 dates under subsection (f) of such section. 

9 (23) Section 2276(e), relating to a report on the 

10 funds, services, and equipment accepted and used in 

11 connection with commercial space launch cooperation. 

12 (24) Section 2445b, relating to submission of 

13 budget justification documents regarding major auto14 mated information system programs and other major 

15 information technology investment programs. 

16 (25) Section 2464(d), relating to a report on core 

17 depot-level maintenance and repair capabilities. 

18 (26) Section 2466(d), relating to a report on ex19 penditures for performance of depot-level maintenance 

20 and repair workloads. 

21 (27) Section 2561(c), relating to a report on the 

22 use of humanitarian assistance for providing trans23 portation of humanitarian relief and for other hu24 manitarian purposes. 


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1 (28) Section 2684a(g), relating to a report on 

2 projects undertaken under agreements to limit en3 croachments and other constraints on military train4 ing, testing, and operations. 

5 (29) Section 2687a, relating to reports on the 

6 status of overseas closures and realignments and mas7 ter plans, expenditures from the Department of De8 fense Overseas Facility Investment Recovery Account, 

9 and agreement of settlement with host countries re10 garding the release of facility improvements made by 

11 the United States. 

12 (30) Section 2711, relating to a report on defense 

13 environmental programs. 

14 (31) Sections 2831(e) and 2884(b)(4), relating to 

15 reports on quarters for general or flag officers. 

16 (32) Sections 2884(b) and (c), relating to reports 

17 on the Department of Defense Housing Funds, provi18 sion of a basic allowance for housing to members of 

19 the Armed Forces living in military privatized hous20 ing, plans for housing privatization activities, and 

21 the status of oversight and accountability measures 

22 for military housing privatization projects. 

23 (33) Section 2912(d), relating to a statement of 

24 the energy cost savings available for obligation. 


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1 (34) Section 2925, relating to reports on Depart2 ment of Defense energy management and operational 

3 energy. 

4 (35) Section 4721(e), relating to submission of a 

5 budget request and related materials regarding Army 

6 National Military Cemeteries. 

7 (36) Section 7310(c), relating to a report on re8 pairs and maintenance performed on certain naval 

9 vessels in a foreign shipyard. 

10 (37) Section 10541, relating to a report on 

11 equipment of the National Guard and other reserve 

12 components. 

13 (38) Section 10543, relating to a component of 

14 the future-years defense program regarding National 

15 Guard and other reserve components equipment pro16 curement and military construction funding and as17 sociated annexes and report. 

18 (d) REPORTS REQUIRED BY NATIONAL DEFENSE AU19 THORIZATION ACT FOR FISCAL YEAR 2015.—Subject to 

20 subsection (b), subsection (a) applies to reporting require21 ments contained in the following sections of the Carl Levin 

22 and Howard P. ‘‘Buck’’ McKeon National Defense Author23 ization Act for Fiscal Year 2015 (Public Law 113–291): 

24 (1) Section 232(e) (10 U.S.C. 2358 note), relat25 ing to a report on the pilot program on assignment 


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1 to the Defense Advanced Research Projects Agency of 

2 certain private sector personnel. 

3 (2) Section 546(d) (10 U.S.C. 1561 note), relat4 ing to a report on activities of the Defense Advisory 

5 Committee on Investigation, Prosecution, and Defense 

6 of Sexual Assault in the Armed Forces. 

7 (3) Section 1003 (10 U.S.C. 221 note), relating 

8 to reporting of balances carried forward by the De9 partment of Defense at the end of each fiscal year. 

10 (4) Section 1026(d) (128 Stat. 3490), relating to 

11 a report on the status of the modernization of Ticon12 deroga-class cruisers and dock landing ships. 

13 (5) Section 1055 (128 Stat. 3498), relating to a 

14 report on the Air Force response to the recommenda15 tions of the National Commission on the Structure of 

16 the Air Force. 

17 (6) Section 1204(b) (10 U.S.C. 2249e note), re18 lating to a report on administration of section 2249e 

19 of title 10, United States Code. 

20 (7) Section 1205(e) (128 Stat. 3537), relating to 

21 a report on the assessment of programs carried out 

22 under section 2282(f) of title 10, United States Code. 

23 (8) Section 1206(e) (10 U.S.C. 2282 note), relat24 ing to a report on the training of security forces and 


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1 associated security ministries of foreign countries to 

2 promote respect for the rule of law and human rights. 

3 (9) Section 1207(d) (10 U.S.C. 2342 note), relat4 ing to a report on loan of personnel protection and 

5 personnel survivability equipment to military forces 

6 of foreign nations. 

7 (10) Section 1211 (128 Stat. 3544), relating to 

8 a report on programs carried out by the Department 

9 of Defense to provide training, equipment, or other 

10 assistance or reimbursement to foreign security forces. 

11 (11) Section 1225 (128 Stat. 3550), relating to 

12 a report on enhancing security and stability in Af13 ghanistan. 

14 (12) Section 1245 (128 Stat. 3566), relating to 

15 a report on military and security developments in16 volving the Russian Federation. 

17 (13) Section 2821(a)(3) (10 U.S.C. 2687 note), 

18 relating to notice of any adjustment to the funding 

19 limitation on implementation of the Record of Deci20 sion for the relocation of Marine Corps forces to 

21 Guam. 

22 (e) REPORTS REQUIRED BY NATIONAL DEFENSE AU23 THORIZATION ACT FOR FISCAL YEAR 2014.—Subject to 

24 subsection (b), subsection (a) applies to reporting require25 ments contained in the following sections of the National 


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1 Defense Authorization Act for Fiscal Year 2014 (Public 

2 Law 113–66): 

3 (1) Section 704(e) (10 U.S.C. 1074 note), relat4 ing to a report on the pilot program on investiga5 tional treatment of members of the Armed Forces for 

6 traumatic brain injury and post-traumatic stress dis7 order. 

8 (2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 

9 note), relating to providing a financial summary of 

10 efforts to develop interoperable electronic health 

11 records, updates on the progress of data sharing, and 

12 information on executive committee activities. 

13 (f) REPORTS REQUIRED BY NATIONAL DEFENSE AU14 THORIZATION ACT FOR FISCAL YEAR 2013.—Subject to 

15 subsection (b), subsection (a) applies to reporting require16 ments contained in the following sections of the National 

17 Defense Authorization Act for Fiscal Year 2013 (Public 

18 Law 112–239): 

19 (1) Section 1009 (126 Stat. 1906), relating to a 

20 report on the use of funds in the Drug Interdiction 

21 and Counter-Drug Activities, Defense-wide account. 

22 (2) Section 1023 (126 Stat. 1911), relating to a 

23 report on recidivism of individuals who have been de24 tained at United States Naval Station, Guantanamo 

25 Bay, Cuba. 


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1 (g) REPORTS REQUIRED BY NATIONAL DEFENSE AU2 THORIZATION ACT FOR FISCAL YEAR 2011.—Subject to 

3 subsection (b), subsection (a) applies to reporting require4 ments contained in the following sections of the Ike Skelton 

5 National Defense Authorization Act for Fiscal Year 2011 

6 (Public Law 111–383): 

7 (1) Section 123 (10 U.S.C. 167 note), relating to 

8 a report on use of combat mission requirements funds. 

9 (2) Section 1631(d) (10 U.S.C. 1561 note), relat10 ing to a report on sexual assaults involving members 

11 of the Armed Forces and improvement to sexual as12 sault prevention and response program. 

13 (h) REPORTS REQUIRED BY NATIONAL DEFENSE AU14 THORIZATION ACT FOR FISCAL YEAR 2010.—Subject to 

15 subsection (b), subsection (a) applies to reporting require16 ments contained in the following sections of the National 

17 Defense Authorization Act for Fiscal Year 2010 (Public 

18 Law 111–84): 

19 (1) Section 711(d) (10 U.S.C. 1071 note), relat20 ing to a report on the comprehensive policy on pain 

21 management by the Military Health Care System. 

22 (2) Section 1003(b) (10 U.S.C. 2222 note), relat23 ing to a report on implementation by the Department 

24 of Defense of the Financial Improvement and Audit 

25 Readiness Plan. 


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1 (3) Section 1245 (123 Stat. 2542), relating to a 

2 report on military power of Iran. 

3 (i) REPORTS REQUIRED BY OTHER LAWS.—Subject to 

4 subsection (b), subsection (a) applies to reporting require5 ments contained in the following provisions of law: 

6 (1) Section 717(c) of the National Defense Au7 thorization Act for Fiscal Year 1996 (Public Law 

8 104–106; 10 U.S.C. 1073 note), relating to a report 

9 on TRICARE Program effectiveness. 

10 (2) Section 1202 of the National Defense Author11 ization Act for Fiscal Year 2000 (Public Law 106– 

12 65; 10 U.S.C. 113 note), relating to a report on mili13 tary and security developments involving the People’s 

14 Republic of China. 

15 (3) Section 1208(f) of the Ronald W. Reagan Na16 tional Defense Authorization Act for Fiscal Year 2005 

17 (Public Law 108–375; 118 Stat. 2086), relating to a 

18 report on the provision of support for special oper19 ations to combat terrorism. 

20 (4) Section 1405(d) of the National Defense Au21 thorization Act for Fiscal Year 2006 (Public Law 

22 109–163; 10 U.S.C. 801 note), relating to a report on 

23 any modification made to the procedures for status 

24 review of detainees outside the United States. 


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1 (5) Section 1017(e) of the John Warner National 

2 Defense Authorization Act for Fiscal Year 2007 (Pub3 lic Law 109–364; 10 U.S.C. 2631 note), relating to a 

4 report regarding overhaul, repair, and maintenance 

5 performed on certain vessels in the United States. 

6 (6) Section 1034(d) of the National Defense Au7 thorization Act for Fiscal Year 2008 (Public Law 

8 110–181; 122 Stat. 309), relating to a report on the 

9 provision of support for non-Federal development and 

10 testing of material for chemical agent defense. 

11 (7) Section 1236 of the National Defense Author12 ization Act for Fiscal Year 2012 (Public Law 112– 

13 81; 125 Stat. 1641), relating to a report on military 

14 and security developments involving the Democratic 

15 People’s Republic of Korea. 

16 (8) Section 103A(b)(3) of the Sikes Act (16 

17 U.S.C. 670c–1(b)(3)), relating to a report on the dis18 position of certain appropriated funds provided under 

19 cooperative and interagency agreements for land 

20 management on installations. 

21 (9) Section 1511(h) of the Armed Forces Retire22 ment Home Act of 1991 (24 U.S.C. 411(h)), relating 

23 to a report on the financial and other affairs of the 

24 Armed Forces Retirement Home. 


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1 (10) Section 901(f) of the Office of National 

2 Drug Control Policy Reauthorization Act of 2006 

3 (Public Law 109–469; 32 U.S.C. 112 note), as added 

4 by section 1008 of the National Defense Authorization 

5 Act for Fiscal Year 2013 (Public Law 112–239), re6 lating to a report on the activities of the National 

7 Guard counterdrug schools. 

8 (11) Section 14 of the Strategic and Critical Ma9 terials Stock Piling Act (50 U.S.C. 98h–5), relating 

10 to a report on the requirements of the National De11 fense Stockpile. 

12 (12) Sections 1412(i) and (j) of the National De13 fense Authorization Act, 1986 (50 U.S.C. 1521), as 

14 amended by section 1421 of the Ike Skelton National 

15 Defense Authorization Act for Fiscal Year 2011 (Pub16 lic Law 111–383), relating to reports on destruction 

17 of existing stockpile of lethal chemical agents and mu18 nitions, including implementation by the United 

19 States of its chemical weapons destruction obligations 

20 under the Chemical Weapons Convention. 

21 (13) Section 1703 of the National Defense Au22 thorization Act for Fiscal Year 1994 (50 U.S.C. 

23 1523), relating to a report on chemical and biological 

24 warfare defense. 


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1 (14) Section 234 of the National Defense Author2 ization Act for Fiscal Year 1998 (50 U.S.C. 2367), re3 lating to a report on acquisition of technology relat4 ing to weapons of mass destruction and their threat. 

5 (15) Section 105A(b) of the Uniformed and 

6 Overseas Citizens Absentee Voting Act (52 U.S.C. 

7 20308(b)), as added by section 586 of the National 

8 Defense Authorization Act for Fiscal Year 2010 (Pub9 lic Law 111–84), relating to a report on effectiveness 

10 of activities and utilization of certain procedures 

11 under Federal Voting Assistance Program. 

12 (j) CONFORMING AMENDMENT.—Section 1080(a) of the 

13 National Defense Authorization Act for Fiscal Year 2016 

14 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) 

15 is amended— 

16 (1) by striking ‘‘on the date that is two years 

17 after the date of the enactment of this Act’’ and in18 serting ‘‘November 25, 2017’’; and 

19 (2) by striking ‘‘effective’’. 

20 SEC. 1062. MATTERS FOR INCLUSION IN REPORT ON DES21 IGNATION OF COUNTRIES FOR WHICH RE22 WARDS MAY BE PAID UNDER DEPARTMENT 

23 OF DEFENSE REWARDS PROGRAM. 

24 Section 127b(h) of title 10, United States Code, is 

25 amended— 


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1 (1) in paragraph (2), by inserting ‘‘and jus2 tification’’ after ‘‘reason’’; and 

3 (2) by amending paragraph (3) to read as fol4 lows: 

5 ‘‘(3) An estimate of the amount or value of the 

6 rewards to be paid as monetary payment or pay7 ment-in-kind under this section.’’. 

8 SEC. 1063. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL 

9 SELECT AGENT AND TOXIN THEFT, LOSS, OR 

10 RELEASE INVOLVING THE DEPARTMENT OF 

11 DEFENSE. 

12 (a) NOTIFICATION REQUIREMENT.—Not later than 15 

13 days after notice of any theft, loss, or release of a biological 

14 select agent or toxin involving the Department of Defense 

15 is provided to the Centers for Disease Control and Preven16 tion or the Animal and Plant Health Inspection Service, 

17 as specified by section 331.19 of part 7 of the Code of Fed18 eral Regulations, the Secretary of Defense shall provide to 

19 the congressional defense committees notice of such theft, 

20 loss, or release. 

21 (b) ELEMENTS.—Notice of a theft, loss, or release of 

22 a biological select agent or toxin under subsection (a) shall 

23 include each of the following: 


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1 (1) The name of the agent or toxin and any 

2 identifying information, including the strain or other 

3 relevant characterization information. 

4 (2) An estimate of the quantity of the agent or 

5 toxin stolen, lost, or released. 

6 (3) The location or facility from which the theft, 

7 loss, or release occurred. 

8 (4) In the case of a release, any hazards posed 

9 by the release and the number of individuals poten10 tially exposed to the agent or toxin. 

11 (5) Actions taken to respond to the theft, loss, or 

12 release. 

13 SEC. 1064. REPORT ON SERVICE-PROVIDED SUPPORT TO 

14 UNITED STATES SPECIAL OPERATIONS 

15 FORCES. 

16 (a) REPORT REQUIRED.—Not later than 180 days 

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

18 of Defense shall submit to the congressional defense commit19 tees a written report on common service support contributed 

20 from each of the military services toward special operations 

21 forces. Such report shall include— 

22 (1) detailed information about the resources allo23 cated by each military service for combat support, 

24 combat service support, and base operating support 

25 for special operations forces; and 


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1 (2) an assessment of the specific effects that fu2 ture manpower and force structure changes are likely 

3 to have on the capability of each of the military serv4 ices to provide common service support to special op5 erations forces. 

6 (b) ANNUAL UPDATES.—For each of fiscal years 2018 

7 through 2020, the Secretary of Defense shall submit to the 

8 congressional defense committees an update to the report 

9 required under subsection (a). 

10 (c) FORM OF REPORT.—The report required under 

11 subsection (a) and each update provided under subsection 

12 (b) shall be submitted in unclassified form, but may contain 

13 a classified annex. 

14 SEC. 1065. REPORT ON CITIZEN SECURITY RESPONSIBIL15 ITIES IN THE NORTHERN TRIANGLE OF CEN16 TRAL AMERICA. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary of Defense 

19 and the Secretary of State shall jointly prepare and submit 

20 to the appropriate congressional committees a report on 

21 military units that have been assigned to policing or citizen 

22 security responsibilities in Guatemala, Honduras, and El 

23 Salvador. 

24 (b) MATTERS TO BE INCLUDED.—The report required 

25 by subsection (a) shall include each of the following: 


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1 (1) The following information, as of the date of 

2 the enactment of this Act, with respect to military 

3 units assigned to policing or citizen security respon4 sibilities in each of Guatemala, Honduras, and El 

5 Salvador: 

6 (A) The proportion of individuals in each 

7 such country’s military who participate in polic8 ing or citizen security activities relative to the 

9 total number of individuals in that country’s 

10 military. 

11 (B) Of the military units assigned to polic12 ing or citizen security responsibilities, the types 

13 of units conducting police activities. 

14 (C) The role of the Department of Defense 

15 and the Department of State in training indi16 viduals for purposes of participation in such 

17 military units. 

18 (D) The number of individuals who partici19 pated in such military units who received train20 ing by the Department of Defense, and the types 

21 of training they received. 

22 (2) Any other information that the Secretary of 

23 Defense or the Secretary of State determines to be nec24 essary to help better understand the relationships of 


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1 the militaries of Guatemala, Honduras, and El Sal2 vador to public security in such countries. 

3 (3) A description of the plan of the United States 

4 to assist the militaries of Guatemala, Honduras, and 

5 El Salvador to carry out their responsibilities in a 

6 manner that adheres to democratic principles. 

7 (c) FORM.—The report required by subsection (a) shall 

8 be submitted in unclassified form, but may contain a classi9 fied annex. 

10 (d) PUBLIC AVAILABILITY.—The unclassified matter of 

11 the report required by subsection (a) shall be posted on a 

12 publicly available Internet website of the Department of De13 fense and a publicly available Internet website of the De14 partment of State. 

15 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

16 this section, the term ‘‘appropriate congressional commit17 tees’’ means the Committee on Armed Services and the Com18 mittee on Foreign Affairs of the House of Representatives 

19 and the Committee on Armed Services and the Committee 

20 on Foreign Relations of the Senate. 

21 SEC. 1066. REPORT ON COUNTERPROLIFERATION ACTIVI22 TIES AND PROGRAMS. 

23 (a) IN GENERAL.—The Secretary of Defense shall sub24 mit to the congressional defense committees a biennial re25 port on the counterproliferation activities and programs of 


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1 the Department of Defense. The Secretary shall submit the 

2 first such report by not later than May 1, 2017. 

3 (b) MATTERS INCLUDED.—Each report required under 

4 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 activi14 ties; 

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 enhancements. 

23 (3) A complete description of requirements and 

24 priorities for the development and deployment of 

25 highly effective capabilities and technologies, includVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 ing identifying areas for capability enhancement and 

2 deficiencies in existing capabilities and technologies. 

3 (4) A comprehensive discussion of the near-term, 

4 mid-term, and long-term programmatic options for 

5 meeting requirements and eliminating deficiencies, 

6 including the annual funding requirements and com7 pletion dates established for each such option. 

8 (5) An outline of interagency activities and ini9 tiatives. 

10 (6) Any other matters the Secretary considers 

11 appropriate. 

12 (c) FORMS OF REPORT.—Each report under subsection 

13 (a) shall be submitted in unclassified form, but may contain 

14 a classified annex. 

15 (d) TERMINATION OF REQUIREMENT.—No report shall 

16 be required to be submitted under this section after January 

17 31, 2021. 

18 SEC. 1067. INCLUSION OF BALLISTIC MISSILE DEFENSE IN19 FORMATION IN ANNUAL REPORT ON RE20 QUIREMENTS OF COMBATANT COMMANDS. 

21 (a) IN GENERAL.—Paragraph (2)(A) of section 153(c) 

22 of title 10, United States Code, is amended by inserting 

23 before the period the following: ‘‘, including the integrated 

24 priorities list requirements for ballistic missile defense by 

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1 pabilities list for ballistic missile defense developed by the 

2 Commander of the United States Strategic Command’’. 

3 (b) REPORT DURATION.—Paragraph (1) of such sec4 tion is amended by striking ‘‘At or about’’ and inserting 

5 ‘‘During the period preceding January 31, 2021, at or 

6 about’’. 

7 SEC. 1068. REVIEWS BY DEPARTMENT OF DEFENSE CON8 CERNING NATIONAL SECURITY USE OF SPEC9 TRUM. 

10 (a) REVIEW AND REPORT TO THE CONGRESSIONAL

11 DEFENSE COMMITTEES.—Not later than one year after the 

12 date of the enactment of this Act, and every two years there13 after until January 31, 2021, the Secretary of Defense and 

14 the Chairman of the Joint Chiefs of Staff shall submit to 

15 the congressional defense committees a report containing the 

16 results of a comprehensive review conducted by the Sec17 retary and the Chairman of all uses by the Department of 

18 Defense of spectrum. Such review shall include the use of 

19 spectrum in military plans, training, test, and in military 

20 capabilities that are in development or have been fielded 

21 for any known or potential impacts of sharing or 

22 repurposing of spectrum used or allocated to be used by the 

23 Department of Defense that may be reallocated or shared 

24 pursuant to a spectrum auction, sharing arrangement, or 

25 other arrangement, or that is otherwise identified as part 


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1 of the 10-year plan developed by the National Telecommuni2 cations and Information Administration, and whether there 

3 are known or possible mitigations in the event of realloca4 tion or sharing that they recommend, including exclusion 

5 zones, equipment modifications, development or procure6 ment of new technology, or any other mitigation they believe 

7 will protect Department of Defense use of such spectrum, 

8 including projected or estimated potential costs of the same, 

9 and whether such costs will be borne out of Defense of De10 fense total obligation authority. 

11 (b) CERTIFICATION.—At the time of the submission of 

12 the report required under subsection (a), the Secretary and 

13 the Chairman shall both certify that they understand any 

14 potential impacts to Department of Defense use of spectrum 

15 that could result from a spectrum auction, reallocation, or 

16 sharing arrangement as of that date, and submit such cer17 tification to the congressional defense committees. 

18 (c) REPORT OF NON-CONCURRENCE OR VETO.—The 

19 Secretary of Defense shall notify the congressional defense 

20 committees as to whether the Secretary has not concurred 

21 with or otherwise objected to the most recent version of the 

22 10-year plan developed by the National Telecommuni23 cations and Information Administration not later than 30 

24 days after the date of such non-concurrence or other objec25 tion. 


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1 (d) FUNDING WITHHELD.—The Secretary of Defense 

2 and the Chairman of the Joint Chiefs of Staff may not obli3 gate more than 95 percent of the funding authorized to be 

4 appropriated to the Department of Defense for fiscal year 

5 2017 for operation and maintenance for headquarters oper6 ations before the date that is 30 days after the date on which 

7 the report required by subsection (a) and the certification 

8 required under subsection (b) are submitted to the congres9 sional defense committees. 

10 SEC. 1069. ANNUAL REPORT ON PERSONNEL, TRAINING, 

11 AND EQUIPMENT REQUIREMENTS FOR THE 

12 NON-FEDERALIZED NATIONAL GUARD TO 

13 SUPPORT CIVILIAN AUTHORITIES IN PREVEN14 TION AND RESPONSE TO DOMESTIC DISAS15 TERS. 

16 (a) ANNUAL REPORT REQUIRED.—Section 10504 of 

17 title 10, United States Code, is amended— 

18 (1) in subsection (a), by striking ‘‘REPORT.—’’ 

19 and inserting ‘‘REPORT ON STATE OF THE NATIONAL

20 GUARD.—(1)’’; 

21 (2) by striking ‘‘(b) SUBMISSION OF REPORT TO

22 CONGRESS.—’’ and inserting ‘‘(2)’’; 

23 (3) by striking ‘‘annual report of the Chief of the 

24 National Guard Bureau’’ and inserting ‘‘annual re25 port required by paragraph (1)’’; and 


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1 (4) by adding at the end the following new sub2 section (b): 

3 ‘‘(b) ANNUAL REPORT ON NON-FEDERALIZED SERVICE

4 NATIONAL GUARD PERSONNEL, TRAINING, AND EQUIPMENT

5 REQUIREMENTS.—(1) Not later than January 31 of each 

6 of calendar years 2017 through 2021, the Chief of the Na7 tional Guard Bureau shall submit to the congressional de8 fense committees and the officials specified in paragraph 

9 (5) a report setting forth the personnel, training, and equip10 ment required by the National Guard during the next fiscal 

11 year to carry out its mission, while not Federalized, to pro12 vide prevention, protection mitigation, response, and recov13 ery activities in support of civilian authorities in connec14 tion with natural and man-made disasters. 

15 ‘‘(2) To determine the annual personnel, training, and 

16 equipment requirements of the National Guard referred to 

17 in paragraph (1), the Chief of the National Guard Bureau 

18 shall take into account, at a minimum, the following: 

19 ‘‘(A) Core civilian capabilities gaps for the pre20 vention, protection, mitigation, response, and recovery 

21 activities in connection with natural and man-made 

22 disasters, as collected by the Department of Homeland 

23 Security from the States. 


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1 ‘‘(B) Threat and hazard identifications and risk 

2 assessments of the Department of Defense, the Depart3 ment of Homeland Security, and the States. 

4 ‘‘(3) Personnel, training, and equipment requirements 

5 shall be collected from the States, validated by the Chief of 

6 the National Guard Bureau, and be categorized in the re7 port required by paragraph (1) by each of the following: 

8 ‘‘(A) Emergency support functions of the Na9 tional Response Framework. 

10 ‘‘(B) Federal Emergency Management Agency re11 gions. 

12 ‘‘(4) The annual report required by paragraph (1) 

13 shall be prepared in consultation with the chief executive 

14 of each State, other appropriate civilian authorities, and 

15 the Council of Governors. 

16 ‘‘(5) In addition to the congressional defense commit17 tees, the annual report required by paragraph (1) shall be 

18 submitted to the following officials: 

19 ‘‘(A) The Secretary of Defense. 

20 ‘‘(B) The Secretary of Homeland Security. 

21 ‘‘(C) The Council of Governors. 

22 ‘‘(D) The Secretary of the Army. 

23 ‘‘(E) The Secretary of the Air Force. 

24 ‘‘(F) The Commander of the United States 

25 Northern Command. 


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1 ‘‘(G) The Commander of the United States Cyber 

2 Command.’’. 

3 (b) CLERICAL AMENDMENTS.— 

4 (1) SECTION HEADING.—The heading of such sec5 tion is amended to read as follows: 

6 ‘‘§ 10504. Chief of the National Guard Bureau: annual 

7 reports’’. 

8 (2) TABLE OF CONTENTS.—The table of sections 

9 at the beginning of chapter 1011 of title 10, United 

10 States Code, is amended by striking the item relating 

11 to section 10504 and inserting the following new sec12 tion: 

‘‘10504. Chief of the National Guard Bureau: annual reports.’’. 

13 Subtitle G—Other Matters 

14 SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS. 

15 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

16 United States Code, is amended as follows: 

17 (1) Section 130h is amended by striking ‘‘sub18 section (a) and (b)’’ both places it appears and insert19 ing ‘‘subsections (a) and (b)’’. 

20 (2) Section 187(a)(2)(C) is amended by striking 

21 ‘‘Acquisition, Logistics, and Technology’’ and insert22 ing ‘‘Acquisition, Technology, and Logistics’’. 

23 (3) Section 196(c)(1)(A)(ii) is amended by strik24 ing ‘‘section 139(i)’’ and inserting ‘‘section 139(j)’’. 


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1 (4) Subsection (b)(1)(B) of section 1415, to be 

2 added by section 633(a)(1) of the National Defense 

3 Authorization Act for Fiscal Year 2016 (Public Law 

4 114–92; 129 Stat. 848), is amended by adding a pe5 riod at the end of clause (ii). 

6 (5) Section 1705(g)(1) is amended by striking 

7 ‘‘of of’’ and inserting ‘‘of’’. 

8 (6) Section 2222 is amended— 

9 (A) in subsection (d)(1)(B), by inserting 

10 ‘‘to’’ before ‘‘eliminate’’; 

11 (B) in subsection (g)(1)(E) by inserting 

12 ‘‘the system’’ before ‘‘is in compliance’’; and 

13 (C) in subsection (i)(5), by striking ‘‘PRO14 GRAM’’ in the heading. 

15 (b) AMENDMENTS RELATED TO ELIMINATION OF

16 TITLE 50 APPENDIX.— 

17 (1) MILITARY SELECTIVE SERVICE ACT CITATION

18 CHANGES.— 

19 (A) TITLE 10, UNITED STATES CODE.—Title 

20 10, United States Code, is amended as follows: 

21 (i) Section 101(d)(6)(B)(v) is amended 

22 by striking ‘‘(50 U.S.C. App. 460(b)(2))’’ 

23 and inserting ‘‘(50 U.S.C. 3809(b)(2))’’. 

24 (ii) Section 513(c) is amended— 


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1 (I) by striking ‘‘(50 U.S.C. App. 

2 451 et seq.)’’ and inserting ‘‘(50 U.S.C. 

3 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 seq.)’’ 

21 both places it appears and inserting 

22 ‘‘(50 U.S.C. 3801 et seq.)’’; and 

23 (II) in subsection (d), by striking 

24 ‘‘section 6(c)(2)(A)(ii) and (iii) of such 

25 Act’’ and inserting ‘‘clauses (ii) and 


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1 (iii) of section 6(c)(2)(A) of such Act 

2 (50 U.S.C. 3806(c)(2)(A))’’. 

3 (viii) Section 12104(a) is amended by 

4 striking ‘‘(50 U.S.C. App. 451 et seq.)’’ both 

5 places it appears and inserting ‘‘(50 U.S.C. 

6 3801 et seq.)’’. 

7 (ix) Section 12208(a) is amended by 

8 striking ‘‘(50 U.S.C. App. 451 et seq.)’’ both 

9 places it appears and inserting ‘‘(50 U.S.C. 

10 3801 et seq.)’’. 

11 (B) TITLE 37, UNITED STATES CODE.—Sec12 tion 209(a)(1) of title 37, United States Code is 

13 amended by striking ‘‘(50 U.S.C. App. 

14 456(d)(1))’’ and inserting ‘‘(50 U.S.C. 

15 3806(d)(1))’’. 

16 (2) SERVICEMEMBERS CIVIL RELIEF ACT CITA17 TION CHANGES.—Title 10, United States Code, is 

18 amended as follows: 

19 (A) Section 987 is amended— 

20 (i) in subsection (e)(2), by inserting 

21 ‘‘(50 U.S.C. 3901 et seq.)’’ before the semi22 colon; and 

23 (ii) in subsection (g), by striking ‘‘(50 

24 U.S.C. App. 527)’’ and inserting ‘‘(50 

25 U.S.C. 3937)’’. 


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1 (B) Section 1408(b)(1)(D) is amended by 

2 striking ‘‘(50 U.S.C. App. 501 et seq.)’’ and in3 serting ‘‘(50 U.S.C. 3901 et seq.)’’. 

4 (3) EXPORT ADMINISTRATION ACT OF 1979 CITA5 TION CHANGES.—Title 10, United States Code, is 

6 amended as follows: 

7 (A) Section 130(a) is amended by striking 

8 ‘‘(50 U.S.C. App. 2401–2420)’’ and inserting 

9 ‘‘(50 U.S.C. 4601 et seq.)’’. 

10 (B) Section 2249a(a)(1) is amended by 

11 striking ‘‘(50 U.S.C. App. 2405(j)(1)(A))’’ and 

12 inserting ‘‘(50 U.S.C. 4605(j)(1)(A))’’. 

13 (C) Section 2327 is amended— 

14 (i) in subsection (a), by striking ‘‘(50 

15 U.S.C. App. 2405(j)(1)(A))’’ and inserting 

16 ‘‘(50 U.S.C. 4605(j)(1)(A))’’; and 

17 (ii) in subsection (b)(2), by striking 

18 ‘‘(50 U.S.C. App. 2405(j)(1)(A))’’ and in19 serting ‘‘(50 U.S.C. 4605(j)(1)(A))’’. 

20 (D) Section 2410i(a) is amended by strik21 ing ‘‘(50 U.S.C. App. 2402(5)(A))’’ and insert22 ing ‘‘(50 U.S.C. 4602(5)(A))’’. 

23 (E) Section 7430(e) is amended by striking 

24 ‘‘(50 U.S.C. App. 2401 et seq.)’’ and inserting 

25 ‘‘(50 U.S.C. 4601 et seq.)’’. 


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1 (4) DEFENSE PRODUCTION ACT OF 1950 CITATION

2 CHANGES.—Title 10, United States Code, is amended 

3 as follows: 

4 (A) Section 139c of title 10, United States 

5 Code, is amended— 

6 (i) in subsection (b)— 

7 (I) in paragraph (11), by striking 

8 ‘‘(50 U.S.C. App. 2171)’’ and inserting 

9 ‘‘(50 U.S.C. 4567)’’; and 

10 (II) in paragraph (12)— 

11 (aa) by striking ‘‘(50 U.S.C. 

12 App. 2062(b))’’ and inserting 

13 ‘‘(50 U.S.C. 4502(b))’’; and 

14 (bb) by striking ‘‘(50 U.S.C. 

15 App. 2061 et seq.)’’ and inserting 

16 ‘‘(50 U.S.C. 4501 et seq.)’’; and 

17 (ii) in subsection (c), by striking ‘‘(50 

18 U.S.C. App. 2170(k))’’ and inserting ‘‘(50 

19 U.S.C. 4565(k))’’. 

20 (B) Section 2537(c) is amended by striking 

21 ‘‘(50 U.S.C. App. 2170(a))’’ and inserting ‘‘(50 

22 U.S.C. 4565(a))’’. 

23 (C) Section 9511(6) is amended by striking 

24 ‘‘(50 U.S.C. App. 2071)’’ and inserting ‘‘(50 

25 U.S.C. 4511)’’. 


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1 (D) Section 9513(e) is amended by striking 

2 ‘‘(50 U.S.C. App. 2071)’’ and inserting ‘‘(50 

3 U.S.C. 4511)’’. 

4 (5) MERCHANT SHIP SALES ACT OF 1946 CITA5 TION CHANGES.—Section 2218 of title 10, United 

6 States Code, is amended— 

7 (A) in subsection (c)(1)(E), by striking ‘‘(50 

8 U.S.C. App. 1744)’’ and inserting ‘‘(50 U.S.C. 

9 4405)’’; and 

10 (B) in subsection (k)(3)(B), by striking ‘‘(50 

11 U.S.C. App. 1744)’’ and inserting ‘‘(50 U.S.C. 

12 4405)’’. 

13 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

14 FISCAL YEAR 2016.—Effective as of November 25, 2015, 

15 and as if included therein as enacted, the National Defense 

16 Authorization Act for Fiscal Year 2016 (Public Law 114– 

17 92) is amended as follows: 

18 (1) Section 563(a) is amended by striking ‘‘Sec19 tion 5(c)(5)’’ and inserting ‘‘Section 5(c)(2)’’. 

20 (2) Section 883(a)(2) (129 Stat. 947) is amended 

21 by striking ‘‘such chapter’’ and inserting ‘‘chapter 

22 131 of such title’’. 

23 (3) Section 883 (129 Stat. 942) is amended by 

24 adding at the end the following new subsection: 

25 ‘‘(f) CONFORMING AMENDMENTS.— 


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1 ‘‘(1) Effective on the effective date specified in 

2 subsection (a)(1) of section 901 of the Carl Levin and 

3 Howard P. ‘Buck’ McKeon National Defense Author4 ization Act for Fiscal Year 2015 (Public Law 113– 

5 291; 128 Stat. 3462; 10 U.S.C. 132a note), section 

6 2222 of title 10, United States Code, is amended— 

7 ‘‘(A) by striking ‘Deputy Chief Management 

8 Officer of the Department of Defense’ each place 

9 it appears in subsections (c)(2), (e)(1), (g)(2)(A), 

10 (g)(2)(B)(ii), and (i)(5)(B) and inserting ‘Under 

11 Secretary of Defense for Business Management 

12 and Information’; and 

13 ‘‘(B) by striking ‘Deputy Chief Management 

14 Officer’ in subsection (f)(1) and inserting ‘Under 

15 Secretary of Defense for Business Management 

16 and Information’. 

17 ‘‘(2) The second paragraph (3) of section 901(k) 

18 of such Act (Public Law 113–291; 128 Stat. 3468; 10 

19 U.S.C. 2222 note) is repealed.’’. 

20 (4) Section 1079(a) is amended to read as fol21 lows: 

22 ‘‘(a) ANNUAL REPORT ON PRIZES FOR ADVANCED

23 TECHNOLOGY ACHIEVEMENTS.—Section 2374a of title 10, 

24 United States Code, is amended— 

25 ‘‘(1) by striking subsection (f); and 


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1 ‘‘(2) by redesignating subsection (g) as subsection 

2 (f).’’. 

3 (5) Section 1086(f)(11)(A) is amended by strik4 ing ‘‘Not later than\ one year’’ and inserting ‘‘Not 

5 later than one year’’. 

6 (d) COORDINATION WITH OTHER AMENDMENTS MADE

7 BY THIS ACT.—For purposes of applying amendments 

8 made by provisions of this Act other than this section, the 

9 amendments made by this section shall be treated as having 

10 been enacted immediately before any such amendments by 

11 other provisions of this Act. 

12 SEC. 1082. MODIFICATION TO SUPPORT FOR NON-FEDERAL 

13 DEVELOPMENT AND TESTING OF MATERIAL 

14 FOR CHEMICAL AGENT DEFENSE. 

15 Section 1034 of the National Defense Authorization 

16 Act for Fiscal Year 2008 (Public Law 110–181) is amend17 ed— 

18 (1) in subsection (d)— 

19 (A) by striking ‘‘report on the use of the au20 thority under subsection (a)’’ and all that follows 

21 and inserting ‘‘report that includes—’’ 

22 ‘‘(A) a description of— 

23 ‘‘(i) each use of the authority under 

24 subsection (a); and 


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1 ‘‘(ii) for each such use, the specific ma2 terial made available and to whom it was 

3 made available; and 

4 ‘‘(B) a description of— 

5 ‘‘(i) any instance in which the Depart6 ment of Defense made available to a State, 

7 a unit of local government, or a private en8 tity any biological select agent or toxin for 

9 the development or testing of any biodefense 

10 technology; and 

11 ‘‘(ii) for each such instance, the spe12 cific material made available and to whom 

13 it was made available.’’; and 

14 (B) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) The requirement to submit a report under 

17 paragraph (1) shall terminate on January 31, 

18 2021.’’; and 

19 (2) in subsection (e), by striking ‘‘this section’’ 

20 and all that follows and inserting ‘‘this section:’’ 

21 ‘‘(1) The terms ‘precursor’, ‘protective purposes’, 

22 and ‘toxic chemical’ have the meanings given those 

23 terms in the convention referred to in subsection (c), 

24 in paragraph 2, paragraph 9(b), and paragraph 1, 

25 respectively, of article II of that convention. 


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1 ‘‘(2) The term ‘biological select agent or toxin’ 

2 means any agent or toxin identified under any of the 

3 following: 

4 ‘‘(A) Section 331.3 of title 7, Code of Fed5 eral Regulations. 

6 ‘‘(B) Section 121.3 or section 121.4 of title 

7 9, Code of Federal Regulations. 

8 ‘‘(C) Section 73.3 or section 73.4 of title 42, 

9 Code of Federal Regulations.’’. 

10 SEC. 1083. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR 

11 EQUIPMENT, SERVICES, AND SUPPLIES PRO12 VIDED FOR HUMANITARIAN DEMINING AS13 SISTANCE. 

14 Section 407(c)(3) of title 10, United States Code, is 

15 amended by striking ‘‘$10,000,000’’ and inserting 

16 ‘‘$15,000,000’’. 

17 SEC. 1084. LIQUIDATION OF UNPAID CREDITS ACCRUED AS 

18 A RESULT OF TRANSACTIONS UNDER A 

19 CROSS-SERVICING AGREEMENT. 

20 (a) LIQUIDATION OF UNPAID CREDITS.—Section 2345 

21 of title 10, United States Code, is amended by adding at 

22 the end the following new subsection: 

23 ‘‘(c)(1) Any credits of the United States accrued as a 

24 result of the provision of logistic support, supplies, and 

25 services under the authority of this subchapter that remain 


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1 unliquidated more than 18 months after the date of delivery 

2 of the logistic support, supplies, or services may, at the op3 tion of the Secretary of Defense, with the concurrence of 

4 the Secretary of State, be liquidated by offsetting the credits 

5 against any amount owed by the Department of Defense, 

6 pursuant to a transaction or transactions concluded under 

7 the authority of this subchapter, to the government or inter8 national organization to which the logistic support, sup9 plies, or services were provided by the United States. 

10 ‘‘(2) The amount of any credits offset pursuant to 

11 paragraph (1) shall be credited as specified in section 2346 

12 of this title as if it were a receipt of the United States.’’. 

13 (b) EFFECTIVE DATE.—Subsection (c) of section 2345 

14 of title 10, United States Code, as added by subsection (a), 

15 shall apply with respect to credits accrued by the United 

16 States that— 

17 (1) were accrued prior to, and remain unpaid as 

18 of, the date of the enactment of this Act; or 

19 (2) are accrued after the date of the enactment 

20 of this Act. 

21 SEC. 1085. CLARIFICATION OF CONTRACTS COVERED BY 

22 AIRLIFT SERVICE PROVISION. 

23 Section 9516 of title 10, United States Code, is amend24 ed by adding at the end the following new subsection: 


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1 ‘‘(f) CONTRACT FOR AIRLIFT SERVICE DEFINED.—In 

2 this section, the term ‘contract for airlift service’ means— 

3 ‘‘(1) a contract with the Department of Defense 

4 for airlift service; 

5 ‘‘(2) any contract with the Department of De6 fense other than a contract described in paragraph 

7 (1), if transportation services are used in the perform8 ance of the contract; or 

9 ‘‘(3) any subcontract (at any tier) under a con10 tract described in paragraph (1) or (2) if the sub11 contract is for airlift service or if transportation serv12 ices are used in the performance of the subcontract.’’. 

13 SEC. 1086. NATIONAL BIODEFENSE STRATEGY. 

14 (a) STRATEGY AND IMPLEMENTATION PLAN RE15 QUIRED.—The Secretary of Defense, the Secretary of Health 

16 and Human Services, the Secretary of Homeland Security, 

17 and the Secretary of Agriculture shall jointly develop a na18 tional biodefense strategy and associated implementation 

19 plan, which shall include a review and assessment of bio20 defense policies, practices, programs and initiatives. Such 

21 Secretaries shall review and, as appropriate, revise the 

22 strategy biennially. 

23 (b) ELEMENTS.—The strategy and associated imple24 mentation plan required under subsection (a) shall include 

25 each of the following: 


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1 (1) An inventory and assessment of all existing 

2 strategies, plans, policies, laws, and interagency 

3 agreements related to biodefense, including preven4 tion, deterrence, preparedness, detection, response, at5 tribution, recovery, and mitigation. 

6 (2) A description of the biological threats, in7 cluding biological warfare, bioterrorism, naturally oc8 curring infectious diseases, and accidental exposures. 

9 (3) A description of the current programs, ef10 forts, or activities of the United States Government 

11 with respect to preventing the acquisition, prolifera12 tion, and use of a biological weapon, preventing an 

13 accidental or naturally occurring biological outbreak, 

14 and mitigating the effects of a biological epidemic. 

15 (4) A description of the roles and responsibilities 

16 of the Executive Agencies, including internal and ex17 ternal coordination procedures, in identifying and 

18 sharing information related to, warning of, and pro19 tection against, acts of terrorism using biological 

20 agents and weapons and accidental or naturally oc21 curring biological outbreaks. 

22 (5) An articulation of related or required inter23 agency capabilities and whole-of-Government activi24 ties required to support the national biodefense strat25 egy. 


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1 (6) Recommendations for strengthening and im2 proving the current biodefense capabilities, authori3 ties, and command structures of the United States 

4 Government. 

5 (7) Recommendations for improving and for6 malizing interagency coordination and support mech7 anisms with respect to providing a robust national 

8 biodefense. 

9 (8) Any other matters the Secretary of Defense, 

10 the Secretary of Health and Human Services, the Sec11 retary of Homeland Security, and the Secretary of 

12 Agriculture determine necessary. 

13 (c) SUBMITTAL TO CONGRESS.—Not later than 275 

14 days after the date of the enactment of this Act, the Sec15 retary of Defense, the Secretary of Health and Human 

16 Services, the Secretary of Homeland Security, and the Sec17 retary of Agriculture shall submit to the appropriate con18 gressional committees the strategy and associated imple19 mentation plan required by subsection (a). The strategy and 

20 implementation plan shall be submitted in unclassified 

21 form, but may include a classified annex. 

22 (d) BRIEFINGS.—Not later than March 1, 2017, and 

23 annually thereafter until March 1, 2019, the Secretary of 

24 Defense, the Secretary of Health and Human Services, the 

25 Secretary of Homeland Security, and the Secretary of AgriVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 culture shall provide to the Committee on Armed Services 

2 of the House of Representatives, the Committee on Energy 

3 and Commerce of the House of Representatives, the Com4 mittee on Homeland Security of the House of Representa5 tives, and the Committee on Agriculture of the House of 

6 Representatives a joint briefing on the strategy developed 

7 under subsection (a) and the status of the implementation 

8 of such strategy. 

9 (e) GAO REVIEW.—Not later than 180 days after the 

10 date of the submittal of the strategy and implementation 

11 plan under subsection (c), the Comptroller General of the 

12 United States shall conduct a review of the strategy and 

13 implementation plan to analyze gaps and resources mapped 

14 against the requirements of the National Biodefense Strat15 egy and existing United States biodefense policy documents. 

16 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means the following: 

19 (1) The congressional defense committees. 

20 (2) The Committee on Energy and Commerce of 

21 the House of Representatives and the Committee on 

22 Health, Education, Labor, and Pensions of the Sen23 ate. 

24 (3) The Committee on Homeland Security of the 

25 House of Representatives and the Committee on 


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1 Homeland Security and Governmental Affairs of the 

2 Senate. 

3 (4) The Committee on Agriculture of the House 

4 of Representatives and the Committee on Agriculture, 

5 Nutrition, and Forestry of the Senate. 

6 SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK. 

7 (a) PROGRAM AUTHORIZED.—The Secretary of the 

8 Army shall carry out a program to support the socio-cul9 tural understanding needs of the Department of the Army, 

10 to be known as the Global Cultural Knowledge Network. 

11 (b) GOALS.—The Global Cultural Knowledge Network 

12 shall support the following goals: 

13 (1) Provide socio-cultural analysis support to 

14 any unit deployed, or preparing to deploy, to an exer15 cise or operation in the assigned region of responsi16 bility of the unit being supported. 

17 (2) Make recommendations or support policy de18 velopment to increase the social science expertise of 

19 military and civilian personnel of the Department of 

20 the Army. 

21 (3) Provide reimbursable support to other mili22 tary departments or Federal agencies if requested 

23 through an operational needs request process. 


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1 (c) ELEMENTS OF THE PROGRAM.—The Global Cul2 tural Knowledge Network shall include the following ele3 ments: 

4 (1) A center in the continental United States (re5 ferred to in this section as a ‘‘reach-back center’’) to 

6 support requests for information and analysis. 

7 (2) Outreach to academic institutions and other 

8 Federal agencies involved in social science research to 

9 increase the network of resources for the reach-back 

10 center. 

11 (3) Training with operational units during an12 nual training exercises or during pre-deployment 

13 training. 

14 (4) The training, contracting, and human re15 sources capacity to rapidly respond to contingencies 

16 in which social science expertise is requested by oper17 ational commanders through an operational needs re18 quest process. 

19 (d) DIRECTIVE REQUIRED.—The Secretary of the 

20 Army shall issue a directive within one year after the date 

21 of the enactment of this Act for the governance of the Global 

22 Cultural Knowledge Network, including oversight and proc23 ess controls for auditing the activities of personnel of the 

24 Network, the employment of the Global Cultural Knowledge 

25 Network by operation forces, and processes for requesting 


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1 support by operational Army units and other Department 

2 of Defense and Federal entities. 

3 (e) PROHIBITION ON DEPLOYMENTS UNDER GLOBAL

4 CULTURAL KNOWLEDGE NETWORK.— 

5 (1) PROHIBITION.—The Secretary of the Army 

6 may not deploy social scientists in a conflict zone. 

7 (2) WAIVER.—The Secretary of the Army may 

8 waive the prohibition in paragraph (1) if the Sec9 retary submits, at least 10 days before the deploy10 ment, to the Committees on Armed Services of the 

11 House of Representatives and the Senate— 

12 (A) notice of the waiver; and 

13 (B) a certification that there is a compel14 ling national security interest for the deployment 

15 or there will be a benefit to the safety and wel16 fare of members of the Armed Forces from the de17 ployment. 

18 (3) ELEMENTS OF WAIVER NOTICE.—A waiver 

19 notice under this subsection also shall include the fol20 lowing: 

21 (A) The operational unit, or units, request22 ing support, including the location or locations 

23 where the social scientists are to be deployed. 


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1 (B) The number of Global Cultural Knowl2 edge Network personnel to be deployed and the 

3 anticipated duration of such deployments. 

4 (C) The anticipated resource needs for such 

5 deployment. 

6 SEC. 1088. MODIFICATION OF REQUIREMENTS RELATING 

7 TO MANAGEMENT OF MILITARY TECHNI8 CIANS. 

9 (a) CONVERSION OF CERTAIN MILITARY TECHNICIAN

10 (DUAL STATUS) POSITIONS.—Subsection (a) of section 1053 

11 of the National Defense Authorization Act for Fiscal Year 

12 2016 (Public Law 114–92; 129 Stat. 981; 10 U.S.C. 10216 

13 note) is amended— 

14 (1) by striking paragraph (1) and inserting the 

15 following new paragraph (1): 

16 ‘‘(1) IN GENERAL.—By not later than October 1, 

17 2017, the Secretary of Defense shall convert not fewer 

18 than 20 percent of all military technician positions 

19 to positions filled by individuals who are employed 

20 under section 3101 of title 5, United States Code, or 

21 section 1601 of title 10, United States Code, or serv22 ing under section 328 of title 32, United States Code, 

23 and are not military technicians. The positions to be 

24 converted are described in paragraph (2).’’; 


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1 (2) in paragraph (2), by striking ‘‘in the report’’ 

2 and all that follows and inserting ‘‘by the Army Re3 serve, the Air Force Reserve, the National Guard Bu4 reau, and the State adjutants general in the course of 

5 reviewing all military technician positions for pur6 poses of implementing this section.’’; and 

7 (3) in paragraph (3), by striking ‘‘may fill’’ and 

8 inserting ‘‘shall fill’’. 

9 (b) CONVERSION OF ARMY RESERVE, AIR FORCE RE10 SERVE, AND NATIONAL GUARD NON-DUAL STATUS POSI11 TIONS.—Subsection (e) of section 10217 of title 10, United 

12 States Code, is amended is amended to read as follows: 

13 ‘‘(e) CONVERSION OF POSITIONS.—(1) No individual 

14 may be newly hired or employed, or rehired or reemployed, 

15 as a non-dual status technician for purposes of this section 

16 after September 30, 2017. 

17 ‘‘(2) On October 1, 2017, the Secretary of Defense shall 

18 convert all non-dual status technicians to positions filled 

19 by individuals who are employed under section 3101 of title 

20 5 or section 1601 of this title and are not military techni21 cians. 

22 ‘‘(3) In the case of a position converted under para23 graph (2) for which there is an incumbent employee on Oc24 tober 1, 2017, the Secretary shall fill that position, as con25 verted, with the incumbent employee without regard to any 


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1 requirement concerning competition or competitive hiring 

2 procedures. 

3 ‘‘(4) Any individual newly hired or employed, or re4 hired or employed, to a position required to be filled by 

5 reason of paragraph (1) shall an individual employed in 

6 such position under section 3101 of title 5 or section 1601 

7 of this title.’’. 

8 (c) REPORT ON CONVERSION OF MILITARY TECHNI9 CIAN POSITIONS TO PERSONNEL PERFORMING ACTIVE

10 GUARD AND RESERVE DUTY.— 

11 (1) IN GENERAL.—Not later than March 1, 2017, 

12 the Secretary of Defense, shall in consultation with 

13 the Chief of the National Guard Bureau, submit to 

14 the Committees on Armed Services of the Senate and 

15 the House of Representatives a report on the feasi16 bility and advisability of converting any remaining 

17 military technicians (dual status) to personnel per18 forming active Guard and Reserve duty under section 

19 328 of title 32, United States Code, or other applica20 ble provisions of law. The report shall include the fol21 lowing: 

22 (A) An analysis of the fully-burdened costs 

23 of the conversion taking into account the new 

24 modernized military retirement system. 


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1 (B) An assessment of the ratio of members 

2 of the Armed Forces performing active Guard 

3 and Reserve duty and civilian employees of the 

4 Department of Defense under title 5, United 

5 States Code, required to best contribute to the 

6 readiness of the National Guard and the Re7 serves. 

8 (2) ACTIVE GUARD AND RESERVE DUTY DE9 FINED.—In this subsection, the term ‘‘active Guard 

10 and Reserve duty’’ has the meaning given that term 

11 in section 101(d)(6) of title 10, United States Code. 

12 SEC. 1089. SENSE OF CONGRESS REGARDING CONNECTI13 CUT’S SUBMARINE CENTURY. 

14 (a) FINDINGS.—Congress makes the following findings: 

15 (1) On March 2, 1867, Congress enacted a naval 

16 appropriations Act that authorized the Secretary of 

17 the Navy to ‘‘receive and accept a deed of gift, when 

18 offered by the State of Connecticut, of a tract of land 

19 with not less than one mile of shore front on the 

20 Thames River near New London, Connecticut, to be 

21 held by the United States for naval purposes’’. 

22 (2) The people of Connecticut and the towns and 

23 cities in the southeastern region of Connecticut subse24 quently gifted land to establish a military installation 


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1 to fulfil the Nation’s need for a naval facility on the 

2 Atlantic coast. 

3 (3) On April 11, 1868, the Navy accepted the 

4 deed of gift of land from Connecticut to establish a 

5 naval yard and storage depot along the eastern shore 

6 of the Thames River in Groton, Connecticut; 

7 (4) Between 1868 and 1912, the New London 

8 Navy Yard supported a diverse range of missions, in9 cluding berthing inactive Civil War era ironclad war10 ships and serving as a coaling station for refueling 

11 naval ships traveling in New England waters. 

12 (5) Congress rejected the Navy’s proposal to close 

13 New London Navy Yard in 1912, following an impas14 sioned effort by Congressman Edwin W. Higgins, who 

15 stated that ‘‘this action proposed is not only unjust 

16 but unreasonable and unsound as a military propo17 sition’’. 

18 (6) The outbreak of World War I and the enemy 

19 use of submarines to sink allied military and civilian 

20 ships in the Atlantic sparked a new focus on devel21 oping submarine capabilities in the United States. 

22 (7) October 18, 1915, marked the arrival at the 

23 New London Navy Yard of the submarines G–1, G– 

24 2, and G–4 under the care of the tender U.S.S. 

25 OZARK, soon followed by the arrival of submarines 


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1 E–1, D–1, and D–3 under the care of the tender 

2 U.S.S. TONOPAH, and on November 1, 1915, the ar3 rival of the first ship built as a submarine tender, the 

4 U.S.S. FULTON (AS–1). 

5 (8) On June 21, 1916, Commander Yeates Stir6 ling assumed the command of the newly designated 

7 Naval Submarine Base New London, the New London 

8 Submarine Flotilla, and the Submarine School; 

9 (9) In the 100 years since the arrival of the first 

10 submarines to the base, Naval Submarine Base New 

11 London has grown to occupy more than 680 acres 

12 along the east side of the Thames River, with more 

13 than 160 major facilities, 15 nuclear submarines, and 

14 more than 70 tenant commands and activities, in15 cluding the Submarine Learning Center, Naval Sub16 marine School, the Naval Submarine Medical Re17 search Laboratory, the Naval Undersea Medical Insti18 tute, and the newly established Undersea Warfighting 

19 Development Center. 

20 (10) In addition to being the site of the first sub21 marine base in the United States, Connecticut was 

22 home to the foremost submarine manufacturers of the 

23 time, the Lake Torpedo Boat Company in Bridgeport 

24 and the Electric Boat Company in Groton, which 

25 later became General Dynamics Electric Boat. 


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1 (11) General Dynamics Electric Boat, its tal2 ented workforce, and its Connecticut-based and na3 tionwide network of suppliers have delivered more 

4 than 200 submarines from its current location in 

5 Groton, Connecticut, including the first nuclear-pow6 ered submarine, the U.S.S. NAUTILUS (SSN 571), 

7 and nearly half of the nuclear submarines ever built 

8 by the United States. 

9 (12) The Submarine Force Library and Museum, 

10 located adjacent to Naval Submarine Base New Lon11 don in Groton, Connecticut, is the only submarine 

12 museum operated by the United States Navy and 

13 today serves as the primary repository for artifacts, 

14 documents, and photographs relating to the bold and 

15 courageous history of the Submarine Force and high16 lights as its core exhibit the Historic Ship NAU17 TILUS (SSN 571) following her retirement from 

18 service. 

19 (13) Reflecting the close ties between Connecticut 

20 and the Navy that began with the gift of land that 

21 established the base, the State of Connecticut has set 

22 aside $40,000,000 in funding for critical infrastruc23 ture investments to support the mission of the base, 

24 including construction of a new dive locker building, 


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1 expansion of the Submarine Learning Center, and 

2 modernization of energy infrastructure. 

3 (14) On September 29, 2015, Connecticut Gov4 ernor Dannel Malloy designated October 2015 through 

5 October 2016 as Connecticut’s Submarine Century, a 

6 year-long observance that celebrates 100 years of sub7 marine activity in Connecticut, including the Town 

8 of Groton’s distinction as the Submarine Capital of 

9 the World, to coincide with the centennial anniver10 sary of the establishment of Naval Submarine Base 

11 New London and the Naval Submarine School. 

12 (15) Whereas Naval Submarine Base New Lon13 don still proudly proclaims its motto of ‘‘The First 

14 and Finest’’. 

15 (16) Congressman Higgins’ statement before 

16 Congress in 1912 that ‘‘Connecticut stands ready, as 

17 she always has, to bear her part of the burdens of the 

18 national defense’’ remains true today. 

19 (b) SENSE OF CONGRESS.—Congress— 

20 (1) commends the longstanding dedication and 

21 contribution to the Navy and submarine force by the 

22 people of Connecticut, both through the initial deed of 

23 gift that established what would become Naval Sub24 marine Base New London and through their ongoing 


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1 commitment to support the mission of the base and 

2 the Navy personnel assigned to it; 

3 (2) honors the submariners who have trained 

4 and served at Naval Submarine Base New London 

5 throughout its history in support of the Nation’s secu6 rity and undersea superiority; 

7 (3) recognizes the contribution of the industry 

8 and workforce of Connecticut in designing, building, 

9 and sustaining the Navy’s submarine fleet; and 

10 (4) encourages the recognition of Connecticut’s 

11 Submarine Century by Congress, the Navy, and the 

12 American people by honoring the contribution of the 

13 people of Connecticut to the defense of the United 

14 States and the important role of the submarine force 

15 in safeguarding the security of the United States for 

16 more than a century. 

17 SEC. 1090. LNG PERMITTING CERTAINTY AND TRANS18 PARENCY. 

19 (a) ACTION ON APPLICATIONS.— 

20 (1) DECISION DEADLINE.—For proposals that 

21 must also obtain authorization from the Federal En22 ergy Regulatory Commission or the United States 

23 Maritime Administration to site, construct, expand, 

24 or operate LNG export facilities, the Department of 

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1 tion for the authorization to export natural gas under 

2 section 3 of the Natural Gas Act (15 U.S.C. 717b) not 

3 later than 30 days after the later of— 

4 (A) the conclusion of the review to site, con5 struct, expand, or operate the LNG facilities re6 quired by the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.); or 

8 (B) the date of enactment of this Act. 

9 (2) CONCLUSION OF REVIEW.—For purposes of 

10 paragraph (1), review required by the National Envi11 ronmental Policy Act of 1969 shall be considered con12 cluded— 

13 (A) for a project requiring an Environ14 mental Impact Statement, 30 days after publica15 tion of a Final Environmental Impact State16 ment; 

17 (B) for a project for which an Environ18 mental Assessment has been prepared, 30 days 

19 after publication by the Department of Energy of 

20 a Finding of No Significant Impact; and 

21 (C) upon a determination by the lead agen22 cy that an application is eligible for a categor23 ical exclusion pursuant National Environmental 

24 Policy Act of 1969 implementing regulations. 


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1 (3) JUDICIAL ACTION.—(A) The United States 

2 Court of Appeals for the circuit in which the export 

3 facility will be located pursuant to an application de4 scribed in paragraph (1) shall have original jurisdic5 tion over any civil action for the review of— 

6 (i) an order issued by the Department of 

7 Energy with respect to such application; or 

8 (ii) the Department of Energy’s failure to 

9 issue a final decision on such application. 

10 (B) If the Court in a civil action described in 

11 subparagraph (A) finds that the Department of En12 ergy has failed to issue a final decision on the appli13 cation as required under paragraph (1), the Court 

14 shall order the Department of Energy to issue such 

15 final decision not later than 30 days after the Court’s 

16 order. 

17 (C) The Court shall set any civil action brought 

18 under this paragraph for expedited consideration and 

19 shall set the matter on the docket as soon as practical 

20 after the filing date of the initial pleading. 

21 (b) PUBLIC DISCLOSURE OF EXPORT DESTINA22 TIONS.—Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

23 is amended by adding at the end the following: 

24 ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DESTINA25 TIONS.—As a condition for approval of any authorization 


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1 to export LNG, the Secretary of Energy shall require the 

2 applicant to publicly disclose the specific destination or des3 tinations of any such authorized LNG exports.’’. 

4 SEC. 1091. SENSE OF CONGRESS REGARDING THE REPORT5 ING OF THE MV–22 MISHAP IN MARANA, ARI6 ZONA, ON APRIL 8, 2000. 

7 It is the sense of Congress that— 

8 (1) in the report accompanying H.R. 1735 of the 

9 114th Congress (House Report 114–102), the Com10 mittee on Armed Services of the House of Representa11 tives encouraged the Secretary of Defense to ‘‘publicly 

12 clarify the causes of the MV-22 mishap at Marana 

13 Northwest Regional Airport, Arizona, in a way con14 sistent with the results of all investigations as soon as 

15 possible’’; 

16 (2) the Deputy Secretary of Defense Robert O. 

17 Work did an excellent job reviewing the investigations 

18 of such mishap and concluded that there was a mis19 representation of facts by the media which incorrectly 

20 identified pilot error as the cause of the mishap which 

21 the Deputy Secretary publicly made known in March 

22 2016; and 

23 (3) Congress is grateful for the successful conclu24 sion to this tragic situation. 


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1 SEC. 1092. TRANSFER OF SURPLUS FIREARMS TO CORPORA2 TION FOR THE PROMOTION OF RIFLE PRAC3 TICE AND FIREARMS SAFETY. 

4 (a) IN GENERAL.—Section 40728(h) of title 36, United 

5 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 a 

10 reasonable schedule for the transfer of such surplus 

11 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 appears 

18 and inserting ‘‘shall’’; and 

19 (B) by striking ‘‘not more than 10,000’’; 

20 and 

21 (2) by striking subsection (c). 

22 SEC. 1093. SENSE OF CONGRESS REGARDING THE IMPOR23 TANCE OF PANAMA CITY, FLORIDA, TO THE 

24 HISTORY AND FUTURE OF THE ARMED 

25 FORCES. 

26 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) On December 6, 1941—one day before the at2 tack on Pearl Harbor—the War Department estab3 lished Tyndall Field as an Army Air Force gunnery 

4 school in Panama City, Florida. 

5 (2) Tyndall Field was named in honor of native 

6 Floridian Lieutenant Francis B. Tyndall, who re7 ceived the U.S. Air Force flying ace designation for 

8 his service in the First World War. 

9 (3) Tyndall Field became an important center 

10 for aerial gunnery training during the Second World 

11 War, hosting training missions using aircraft includ12 ing A–33, 0–47, AT-6, Martin B-26 Marauders, and 

13 B–17 bombers. 

14 (4) On January 13, 1948, Tyndall Field became 

15 Tyndall Air Force Base and was an active site for air 

16 training and defense throughout the Cold War. 

17 (5) Tyndall AFB is now home to the First Air 

18 Force as well as the 325th Fighter Wing Head19 quarters and their F–22 Raptors. 

20 (6) The 325th Fighter Wing has been instru21 mental to national security at such crucial junctures 

22 as the Cuban Missile Crisis, throughout the Cold War, 

23 and more recently in intercepting unidentified air24 craft and supporting anti-smuggling efforts. 


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1 (7) On July 20, 1945, the Navy Mine Counter2 measure Station was established in Panama City. 

3 (8) The Navy Mine Countermeasure Station de4 veloped into the Naval Support Activity Panama 

5 City (NSAPC), which has faithfully carried out its 

6 mission since its inception and continues to support 

7 the crucial efforts and important research of tenant 

8 command organizations such as the Naval Surface 

9 Warfare Center: Panama City Division (NSWC 

10 PCD) and the Navy Experimental Diving Unit 

11 (NEDU). 

12 (9) Research performed at NSWC PCD has been 

13 integral to equipping the Navy with the personnel 

14 and technology necessary to maintaining its status as 

15 the world’s greatest and most technologically ad16 vanced. 

17 (10) NSWC PCD’s newest facility, the Littoral 

18 Warfare Research Facility, is one of the Navy’s major 

19 research, development, test, and evaluation labora20 tories and where standards for weapons integration 

21 on Littoral Combat Ships are often developed. 

22 (11) NEDU is a global hub of research, develop23 ment, and testing for undersea operations. 

24 (12) During the Second World War, the Wain25 wright Shipyard in Panama City built over 100 vesVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 sels for the war effort and employed over 15,000 peo2 ple. 

3 (13) Panama City’s shipbuilding legacy con4 tinues as home to one of today’s most prolific domes5 tic shipbuilders, Eastern Shipbuilding. 

6 (14) The Department of Defense is the largest 

7 employer in Panama City, where many of the resi8 dents and their relatives have proudly served in the 

9 Armed Forces for generations. 

10 (b) SENSE OF CONGRESS.—Congress— 

11 (1) commends the longstanding dedication and 

12 contribution to the Armed Forces by the people of 

13 Panama City, both through the legacy of naval ship14 building and through their ongoing commitment to 

15 support the mission of Panama City’s military in16 stallations and the personnel assigned to them; 

17 (2) honors the members of the Armed Forces who 

18 have trained and served at the several military instal19 lations in and around Panama City; 

20 (3) recognizes the contribution of the industry 

21 and workforce of Panama City to naval shipbuilding; 

22 and 

23 (4) encourages the recognition of the importance 

24 of Panama City to the history of the Armed Forces 

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1 ican people by honoring the contribution of the people 

2 of Panama City to the defense of the United States. 

3 SEC. 1094. PROTECTIONS RELATING TO CIVIL RIGHTS AND 

4 DISABILITIES. 

5 Any branch or agency of the Federal Government shall, 

6 with respect to any religious corporation, religious associa7 tion, religious educational institution, or religious society 

8 that is a recipient of or offeror for a Federal Government 

9 contract, subcontract, grant, purchase order, or cooperative 

10 agreement, provide protections and exemptions consistent 

11 with sections 702(a) and 703(e)(2) of the Civil Rights Act 

12 of 1964 (42 U.S.C. 2000e-1(a) and 42 U.S.C. 2000e-2(e)(2)) 

13 and section 103(d) of the Americans with Disabilities Act 

14 of 1990 (42 U.S.C. 12113(d)). 

15 SEC. 1095. NONAPPLICABILITY OF CERTAIN EXECUTIVE 

16 ORDER TO DEPARTMENT OF DEFENSE AND 

17 NATIONAL NUCLEAR SECURITY ADMINISTRA18 TION. 

19 The provisions of Executive Order 13673 and any im20 plementing rules or regulations shall not apply to the acqui21 sition, contracting, contract administration, source selec22 tion, or any other activities of the Department of Defense 

23 or the National Nuclear Security Administration. The Sec24 retary of Defense and the Administrator for Nuclear Secu25 rity may not issue, or be required to comply with, any polVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 icy, guidance, or rules to carry out such executive order or 

2 otherwise implement any provision of such executive order 

3 or any related implementation rules or regulations. 

4 SEC. 1096. DETERMINATION AND DISCLOSURE OF TRANS5 PORTATION COSTS INCURRED BY SECRETARY 

6 OF DEFENSE FOR CONGRESSIONAL TRIPS 

7 OUTSIDE THE UNITED STATES. 

8 (a) DETERMINATION AND DISCLOSURE OF COSTS BY

9 SECRETARY.—In the case of a trip taken by a Member, offi10 cer, or employee of the House of Representatives or Senate 

11 in carrying out official duties outside the United States for 

12 which the Department of Defense provides transportation, 

13 the Secretary of Defense shall— 

14 (1) determine the cost of the transportation pro15 vided with respect to the Member, officer, or employee; 

16 and 

17 (2) provide the Member, officer, or employee with 

18 a written statement of the cost not later than 10 days 

19 after completion of the trip involved. 

20 (b) INCLUSION OF INFORMATION IN TRAVEL RE21 PORTS.—Any Member, officer, or employee of the House of 

22 Representatives or Senate who takes a trip to which sub23 section (a) applies shall include the information contained 

24 in the written statement provided to the Member, officer, 

25 or employee under subsection (a)(2) with respect to the trip 


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1 in any report that the Member, officer, or employee is re2 quired to file with respect to the trip under any provision 

3 of law and under any provision of the Rules of the House 

4 of Representatives or the Standing Rules of the Senate (as 

5 the case may be). 

6 (c) EXCEPTIONS.—This section does not apply with re7 spect to any trip the sole purpose of which is to visit one 

8 or more United States military installations or to visit 

9 United States military personnel in a war zone (or both). 

10 (d) DEFINITIONS.—In this section: 

11 (1) MEMBER.—The term ‘‘Member’’, with respect 

12 to the House of Representatives, includes a Delegate 

13 or Resident Commissioner to the Congress. 

14 (2) UNITED STATES.—The term ‘‘United States’’ 

15 means the several States, the District of Columbia, the 

16 Commonwealth of Puerto Rico, the Commonwealth of 

17 the Northern Mariana Islands, the Virgin Islands, 

18 Guam, American Samoa, and any other territory or 

19 possession of the United States. 

20 (e) EFFECTIVE DATE.—This section shall apply with 

21 respect to trips taken on or after the date of the enactment 

22 of this Act, except that this section does not apply with re23 spect to any trip which began prior to such date. 


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1 SEC. 1097. WAIVER OF CERTAIN POLYGRAPH EXAMINATION 

2 REQUIREMENTS. 

3 The Secretary of Homeland Security, acting through 

4 the Commissioner of U.S. Customs and Border Protection, 

5 may waive the polygraph examination requirement under 

6 section 3 of the Anti-Border Corruption Act of 2010 (Public 

7 Law 111–376) for any applicant who— 

8 (1) the Commissioner determines is suitable for 

9 employment; 

10 (2) holds a current, active Top Secret clearance 

11 and is able to access sensitive compartmented infor12 mation; 

13 (3) has a current single scope background inves14 tigation; 

15 (4) was not granted any waivers to obtain the 

16 clearance; and 

17 (5) is a veteran (as such term is defined in sec18 tion 2108 or 2109a of title 5, United States Code). 

19 TITLE XI—CIVILIAN PERSONNEL 

20 MATTERS 

21 SEC. 1101. TEMPORARY DIRECT HIRE AUTHORITY FOR DO22 MESTIC DEFENSE INDUSTRIAL BASE FACILI23 TIES AND THE MAJOR RANGE AND TEST FA24 CILITIES BASE. 

25 (a) AUTHORITY.—During fiscal years 2017 and 2018, 

26 the Secretary of Defense may appoint, without regard to 


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1 the provisions of subchapter I of chapter 33 of title 5, 

2 United States Code, other than sections 3303 and 3328 of 

3 such title, qualified candidates to positions in the competi4 tive service at any defense industrial base facility or the 

5 Major Range and Test Facilities Base. 

6 (b) REPORT.—Not later than 60 days after the end of 

7 fiscal year 2018, the Secretary of Defense shall submit a 

8 report to the Committees on Armed Services of the House 

9 of Representatives and the Senate on the use of the author10 ity provided under subsection (a). Such report shall include 

11 the total number of individuals appointed under such au12 thority and the effectiveness of such authority in fulfilling 

13 the manpower needs of the defense industrial base facilities 

14 or the Major Range and Test Facilities Base. 

15 (c) DEFINITION.—In this section, the term ‘‘defense in16 dustrial base facility’’ means any Department of Defense 

17 depot, arsenal, or shipyard located within the United 

18 States. 

19 SEC. 1102. TEMPORARY PERSONNEL FLEXIBILITIES FOR 

20 DOMESTIC DEFENSE INDUSTRIAL BASE FA21 CILITIES AND MAJOR RANGE AND TEST FA22 CILITIES BASE CIVILIAN PERSONNEL. 

23 (a) IN GENERAL.—Notwithstanding chapter 33 of title 

24 5, United States Code, or any other provision of law relat25 ing to the examination, certification, and appointment of 


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1 individuals in the competitive service, during fiscal years 

2 2017 and 2018, an employee of a defense industrial base 

3 facility or the Major Range and Test Facilities Base serving 

4 under a time-limited appointment in the competitive serv5 ice is eligible to compete for a permanent appointment in 

6 the competitive service at (A) any such facility, Base, or 

7 any other component of the Department of Defense when 

8 such facility, Base, or component (as the case may be) is 

9 accepting applications from individuals within the facility, 

10 Base, or component’s workforce under merit promotion pro11 cedures, or (B) any agency when the agency is accepting 

12 applications from individuals outside its own workforce 

13 under merit promotion procedures of the applicable agency, 

14 if— 

15 (1) the employee was appointed initially under 

16 open, competitive examination under subchapter I of 

17 chapter 33 of such title to the time-limited appoint18 ment; 

19 (2) the employee has served under 1 or more 

20 time-limited appointments by a defense industrial 

21 base facility or the Major Range and Test Facilities 

22 Base for a period or periods totaling more than 24 

23 months without a break of 2 or more years; and 

24 (3) the employee’s performance has been at an 

25 acceptable level of performance throughout the period 


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1 or periods (as the case may be) referred to in para2 graph (2). 

3 (b) WAIVER OF AGE REQUIREMENT.—In determining 

4 the eligibility of a time-limited employee under this section 

5 to be examined for or appointed in the competitive service, 

6 the Office of Personnel Management or other examining 

7 agency shall waive requirements as to age, unless the re8 quirement is essential to the performance of the duties of 

9 the position. 

10 (c) STATUS.—An individual appointed under this sec11 tion— 

12 (1) becomes a career-conditional employee, unless 

13 the employee has otherwise completed the service re14 quirements for career tenure; and 

15 (2) acquires competitive status upon appoint16 ment. 

17 (d) FORMER EMPLOYEES.—A former employee of a de18 fense industrial base facility or the Major Range and Test 

19 Facilities Base who served under a time-limited appoint20 ment and who otherwise meets the requirements of this sec21 tion shall be deemed a time-limited employee for purposes 

22 of this section if— 

23 (1) such employee applies for a position covered 

24 by this section within the period of 2 years after the 

25 most recent date of separation; and 


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1 (2) such employee’s most recent separation was 

2 for reasons other than misconduct or performance. 

3 (e) DEFINITION.—In this section, the term ‘‘defense in4 dustrial base facility’’ means any Department of Defense 

5 depot, arsenal, or shipyard located within the United 

6 States. 

7 SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR8 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

9 GRATUITIES TO CIVILIAN PERSONNEL ON OF10 FICIAL DUTY IN A COMBAT ZONE. 

11 Paragraph (2) of section 1603(a) of the Emergency 

12 Supplemental Appropriations Act for Defense, the Global 

13 War on Terror, and Hurricane Recovery, 2006 (Public Law 

14 109–234; 120 Stat. 443), as added by section 1102 of the 

15 Duncan Hunter National Defense Authorization Act for 

16 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) 

17 and as most recently amended by section 1102 of the Na18 tional Defense Authorization Act for Fiscal Year 2016 (Pub19 lic Law 114–92; 129 Stat. 1022), is further amended by 

20 striking ‘‘2017’’ and inserting ‘‘2018’’. 

21 SEC. 1104. ADVANCE PAYMENTS FOR EMPLOYEES RELO22 CATING WITHIN THE UNITED STATES AND ITS 

23 TERRITORIES. 

24 (a) IN GENERAL.—Subsection (a) of section 5524a of 

25 title 5, United States Code, is amended— 


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1 (1) by striking ‘‘(a) The head’’ and inserting 

2 ‘‘(a)(1) The head’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) The head of each agency may provide for the ad5 vance payment of basic pay, covering not more than 6 pay 

6 periods, to an employee who is assigned to a position in 

7 the agency that is located— 

8 ‘‘(A) outside of the employee’s commuting area; 

9 and 

10 ‘‘(B) in the United States, the Commonwealth of 

11 Puerto Rico, the Commonwealth of the Northern Mar12 iana Islands, or any territory or possession of the 

13 United States.’’. 

14 (b) CONFORMING AMENDMENTS.—Subsection (b) of 

15 such section is amended— 

16 (1) in paragraph (1), by inserting ‘‘or assigned’’ 

17 after ‘‘appointed’’; and 

18 (2) in paragraph (2)(B)— 

19 (A) by inserting ‘‘or assignment’’ after ‘‘ap20 pointment’’; and 

21 (B) by inserting ‘‘or assigned’’ after ‘‘ap22 pointed’’. 

23 (c) CLERICAL AMENDMENTS.— 

24 (1) SECTION HEADING.—The heading of such sec25 tion is amended by inserting ‘‘and employees reVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 locating within the United States and its 

2 territories’’ after ‘‘appointees’’. 

3 (2) TABLE OF SECTIONS.—The item relating to 

4 such section in the table of sections of chapter 55 of 

5 such title is amended to read as follows: 

‘‘5524a. Advance payments for new appointees and employees relocating within 

the United States and its territories.’’. 

6 SEC. 1105. PERMANENT AUTHORITY FOR ALTERNATIVE 

7 PERSONNEL PROGRAM FOR SCIENTIFIC AND 

8 TECHNICAL PERSONNEL. 

9 (a) PERMANENT AUTHORITY AND CODIFICATION.— 

10 Chapter 81 of title 10, United States Code, is amended by 

11 inserting after section 1589 a new section 1590 consisting 

12 of— 

13 (1) a heading as follows: 

14 ‘‘§ 1590. Alternative personnel program for scientific 

15 and technical personnel’’; and 

16 (2) a text consisting of the text of subsection (a), 

17 (b), (c), and (d) of section 1101 of the Strom Thur18 mond National Defense Authorization Act for Fiscal 

19 Year 1999 (Public Law 105–261; 5 U.S.C. 3104 

20 note). 

21 (b) CONFORMING AMENDMENTS.—Section 1590 of title 

22 10, United States Code, as added by subsection (a), is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘During the program period 

2 specified in subsection (e)(1), the’’ and inserting 

3 ‘‘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 it 

13 appears. 

14 (c) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of chapter 81 of such title is amended by in16 serting after the item relating to section 1589 the following 

17 new item: 

‘‘1590. Alternative personnel program for scientific and technical personnel.’’. 

18 (d) CONFORMING REPEAL.—Section 1101 of the Strom 

19 Thurmond National Defense Authorization Act for Fiscal 

20 Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is 

21 repealed. 


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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 ‘‘CYBER

7 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’’ be12 fore ‘‘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 pro20 vide that, with respect to per diem rates for Ohio, the local21 ity described as Dayton/Fairborn and the locality described 

22 as Cincinnati are considered 1 locality for purposes of es23 tablishing per diem allowance or maximum amount of re24 imbursement 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 efVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 fective on the same date as the application of the first recal2 culation of per diem allowances by the Administrator that 

3 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 amend9 ed— 

10 (1) in subsection (a) by striking ‘‘any land man11 agement agency or any other agency (as defined in 

12 section 101 of title 31) under the internal merit pro13 motion procedures of the applicable agency’’ and in14 serting ‘‘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 applica21 ble agency’’; and 

22 (2) in subsection (d) by inserting ‘‘of the agency 

23 from which the former employee was most recently 

24 separated’’ after ‘‘deemed a time-limited employee’’. 


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1 SEC. 1109. LIMITATION ON ADMINISTRATIVE LEAVE. 

2 (a) IN GENERAL.—Subchapter II of chapter 63 of title 

3 5, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 6330. Limitation on administrative leave 

6 ‘‘(a) IN GENERAL.—During any calendar year, an em7 ployee may not be placed on administrative leave, or any 

8 other paid non-duty status without charge to leave, for more 

9 than 14 total days for reasons relating to misconduct or 

10 performance. After an employee has been placed on admin11 istrative leave for 14 days, the employing agency shall re12 turn the employee to duty status, utilizing telework if avail13 able, and assign the employee to duties if such employee 

14 is not a threat to safety, the agency mission, or Government 

15 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, or 

19 Government property and upon the expiration of the 

20 14-day period described in subsection (a), an agency 

21 head may place the employee on extended administra22 tive leave for additional periods of not more than 30 

23 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 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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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 Representa4 tives and the Senate, and the Committee on Home5 land Security and Governmental Affairs of the Senate 

6 a report, not later than 5 business days after granting 

7 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 the 

12 employee; 

13 ‘‘(C) the reason the employee is on adminis14 trative leave; 

15 ‘‘(D) an explanation as to why the employee 

16 is a threat to safety, the agency mission, or Gov17 ernment property; 

18 ‘‘(E) an explanation as to why the employee 

19 is not able to telework or be reassigned to an20 other 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 


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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 investiga15 tive entity, additional time is needed to complete the 

16 investigation, such entity shall certify to the applica17 ble agency that such additional time is needed and 

18 include in the certification an estimate of the length 

19 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 employee 

23 on or after the date that is 30 days after the comple24 tion of a related investigation by an investigative en25 tity. 


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1 ‘‘(d) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 ‘‘(1) INVESTIGATIVE ENTITY.—The term ‘inves4 tigative entity’ means an internal investigative unit 

5 of the agency granting administrative leave, the Office 

6 of Inspector General, the Office of the Attorney Gen7 eral, 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 sub13 section (a) shall begin to apply 90 days after the date of 

14 enactment of this Act. 

15 (c) RULES OF CONSTRUCTION.—Nothing in the 

16 amendment made by subsection (a) shall be construed to— 

17 (1) supersede the provisions of chapter 75 of title 

18 5, United States Code; or 

19 (2) limit the number of days that an employee 

20 may be placed on administrative leave, or any other 

21 paid non-duty status without charge to leave, for rea22 sons unrelated to misconduct or performance. 

23 (d) CLERICAL AMENDMENT.—The table of sections for 

24 subchapter II of chapter 63 of title 5, United States Code, 


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1 is amended by adding after the item relating to section 6329 

2 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 section 

8 3321 the following: 

9 ‘‘§ 3322. Voluntary separation before resolution of per10 sonnel 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 in15 vestigation, the head of the agency from which such em16 ployee so resigns shall, if an adverse finding was made with 

17 respect to such employee pursuant to such investigation, 

18 make a permanent notation in the employee’s official per19 sonnel record file. The head shall make such notation not 

20 later than 40 days after the date of the resolution of such 

21 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— 


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1 ‘‘(1) notify the employee in writing within 5 

2 days of the resolution of the investigation and provide 

3 such employee a copy of the adverse finding and any 

4 supporting documentation; 

5 ‘‘(2) provide the employee with a reasonable 

6 time, but not less than 30 days, to respond in writing 

7 and to furnish affidavits and other documentary evi8 dence to show why the adverse finding was unfounded 

9 (a summary of which shall be included in any nota10 tion made to the employee’s personnel file under sub11 section (d)); and 

12 ‘‘(3) provide a written decision and the specific 

13 reasons therefore to the employee at the earliest prac14 ticable date. 

15 ‘‘(c) An employee is entitled to appeal the decision of 

16 the head of the agency to make a permanent notation under 

17 subsection (a) to the Merit Systems Protection Board under 

18 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 official 

22 personnel record file indicating that an appeal disputing 

23 the notation is pending not later than 2 weeks after the 

24 date on which such appeal was filed. 


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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 the 

9 notation made under paragraph (1) and the notation of an 

10 adverse finding made under subsection (a) from the employ11 ee’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 43 

19 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 sub23 section) who leaves the service after the date of enactment 

24 of this Act. 


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1 (c) CLERICAL AMENDMENT.—The table of sections of 

2 subchapter I of chapter 33 of title 5, United States Code, 

3 is amended by inserting after the item relating to section 

4 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 excepted 

15 service, prior to making any determination with respect to 

16 the appointment or reinstatement of such employee to such 

17 position, the appointing authority shall review and con18 sider the information relating to such employee’s former pe19 riod or periods of service in such employee’s official per20 sonnel 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. 


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1 ‘‘(c) The Office of Personnel Management shall pre2 scribe regulations to carry out the purpose of this section.’’. 

3 (b) APPLICATION.—The amendment made by sub4 section (a) shall apply to any former Government employee 

5 (as described in section 3330e of title 5, United States Code, 

6 as added by such subsection) appointed or reinstated on or 

7 after the date that is 180 days after the date of enactment 

8 of this Act. 

9 (c) CLERICAL AMENDMENT.—The table of sections of 

10 subchapter I of chapter 33 of title 5, United States Code, 

11 is amended by adding at the end the following: 

‘‘3330e. Review of official personnel file of former Federal employees before rehiring.’’. 

12 TITLE XII—MATTERS RELATING 

13 TO FOREIGN NATIONS 

14 Subtitle A—Assistance and 

15 Training 

16 SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT 

17 FOR COALITION FORCES SUPPORTING CER18 TAIN UNITED STATES MILITARY OPERATIONS. 

19 Section 1234 of the National Defense Authorization 

20 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

21 394), as most recently amended by section 1201 of the Na22 tional Defense Authorization Act for Fiscal Year 2016 (Pub23 lic Law 114–92; 129 Stat. 1035), is further amended— 


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1 (1) in subsection (a), by striking ‘‘fiscal year 

2 2016’’ and inserting ‘‘fiscal year 2017’’; 

3 (2) in subsection (d), by striking ‘‘during the pe4 riod beginning on October 1, 2015, and ending on De5 cember 31, 2016’’ and inserting ‘‘during the period 

6 beginning on October 1, 2016, and ending on Decem7 ber 31, 2017’’; and 

8 (3) in subsection (e)(1), by striking ‘‘December 

9 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

10 SEC. 1202. EXTENSION OF AUTHORITY FOR TRAINING OF 

11 GENERAL PURPOSE FORCES OF THE UNITED 

12 STATES ARMED FORCES WITH MILITARY AND 

13 OTHER SECURITY FORCES OF FRIENDLY FOR14 EIGN COUNTRIES. 

15 Section 1203(h) of the National Defense Authorization 

16 Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 

17 894; 10 U.S.C. 2011 note) is amended by striking ‘‘Sep18 tember 30, 2017’’ and inserting ‘‘December 31, 2019’’. 

19 SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORITY 

20 TO CONDUCT ACTIVITIES TO ENHANCE THE 

21 CAPABILITY OF FOREIGN COUNTRIES TO RE22 SPOND TO INCIDENTS INVOLVING WEAPONS 

23 OF MASS DESTRUCTION. 

24 (a) LIMITATION ON AVAILABILITY OF AUTHORITY FOR

25 OTHER COUNTRIES.—Subsection (b) of section 1204 of the 


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1 National Defense Authorization Act for Fiscal Year 2014 

2 (Public Law 113–66; 127 Stat. 896; 10 U.S.C. 401 note) 

3 is amended by striking ‘‘of the Secretary’s intention’’ and 

4 inserting ‘‘not later than 48 hours after the Secretary makes 

5 a determination’’. 

6 (b) AVAILABILITY OF FUNDS.—Subsection (d)(1) of 

7 such section is amended to read as follows: 

8 ‘‘(1) FUNDS AVAILABLE.—Of the funds author9 ized to be appropriated for the Department of Defense 

10 for Operation and Maintenance, Defense-wide, and 

11 available for the Defense Threat Reduction Agency for 

12 a fiscal year, not more than $20,000,000 may be 

13 made available for assistance under this section for 

14 such fiscal year.’’. 

15 (c) NOTICE TO CONGRESS ON CERTAIN ASSISTANCE.— 

16 Subsection (e) of such section, as amended by section 1202 

17 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

18 Defense Authorization Act for Fiscal Year 2015 (Public 

19 Law 113–291; 128 Stat. 3530), is further amended— 

20 (1) by striking ‘‘If the amount’’ and inserting 

21 ‘‘If the Secretary of Defense determines that the 

22 amount’’; 

23 (2) by striking ‘‘the Secretary of Defense shall 

24 notify’’ and inserting ‘‘the Secretary shall notify’’; 

25 and 


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1 (3) by striking ‘‘of that fact’’ and inserting ‘‘of 

2 such determination not later than 48 hours after 

3 making the determination’’. 

4 (d) EXPIRATION.—Subsection (h) of such section, as 

5 amended by section 1273 of the National Defense Authoriza6 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

7 Stat. 1076), is further amended by striking ‘‘September 30, 

8 2019’’ and inserting ‘‘September 30, 2020’’. 

9 (e) EFFECTIVE DATE.—The amendments made by this 

10 section take effect on the date of the enactment of this Act 

11 and apply with respect to assistance authorized to be pro12 vided under subsection (a) of section 1204 of the National 

13 Defense Authorization Act for Fiscal Year 2014 on or after 

14 such date of enactment. 

15 SEC. 1204. EXTENSION OF AUTHORITY FOR SUPPORT OF 

16 SPECIAL OPERATIONS TO COMBAT TER17 RORISM. 

18 Subsection (h) of section 1208 of the Ronald W. 

19 Reagan National Defense Authorization Act for Fiscal Year 

20 2005 (Public Law 108–375; 118 Stat. 2086), as most re21 cently amended by section 1208(b) of the Carl Levin and 

22 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza23 tion Act for Fiscal Year 2015 (Public Law 113–291; 128 

24 Stat. 3541), is further amended by striking ‘‘2017’’ and in25 serting ‘‘2020’’. 


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1 SEC. 1205. MODIFICATION AND CODIFICATION OF REPORT2 ING REQUIREMENTS RELATING TO SECURITY 

3 COOPERATION AUTHORITIES. 

4 (a) ANNUAL REPORT REQUIRED.—Subsection (a) of 

5 section 1211 of the Carl Levin and Howard P. ‘‘Buck’’ 

6 McKeon National Defense Authorization Act for Fiscal Year 

7 2015 (Public Law 113–291; 128 Stat. 3544) is amended— 

8 (1) by striking ‘‘BIENNIAL’’ and all that follows 

9 through ‘‘the Secretary of Defense’’ and inserting 

10 ‘‘ANNUAL REPORT REQUIRED.—Not later than Janu11 ary 31 of each year through January 31, 2021, the 

12 Secretary of Defense’’; 

13 (2) by striking ‘‘congressional defense commit14 tees’’ and inserting ‘‘appropriate congressional com15 mittees’’; 

16 (3) by striking ‘‘security assistance’’ and insert17 ing ‘‘assistance’’; and 

18 (4) by striking ‘‘the two fiscal years’’ and insert19 ing ‘‘the fiscal year’’. 

20 (b) ELEMENTS OF REPORT.—Subsection (b) of such 

21 section is amended— 

22 (1) in paragraph (1), by inserting ‘‘, duration,’’ 

23 after ‘‘purpose’’; 

24 (2) in paragraph (2), by striking ‘‘The cost’’ and 

25 inserting ‘‘The cost and expenditures’’; 

26 (3) by adding at the end the following: 


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1 ‘‘(4) For each foreign country in which the 

2 training, equipment, or other assistance or reimburse3 ment was provided, a description of the extent of par4 ticipation, if any, by the military forces and security 

5 forces or other government organizations of such for6 eign country. 

7 ‘‘(5) The number of members of the Armed 

8 Forces involved in providing such training, equip9 ment, or assistance and a description of the military 

10 benefits for such members involved in providing such 

11 training, equipment or assistance. 

12 ‘‘(6) A summary, by authority, of the activities 

13 carried out under each authority specified in sub14 section (c).’’. 

15 (c) MODIFICATION TO SPECIFIED AUTHORITIES.— 

16 Subsection (c) of such section is amended— 

17 (1) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) Sections 256, 263, 271, 272, 273, 281, 284, 

20 285, 286, and 287.’’. 

21 (2) by striking paragraphs (4), (5), (7), and 

22 (11); 

23 (3) by redesignating paragraphs (6), (8), (9), 

24 (10), and (12) through (17) as paragraphs (4) 

25 through (13), respectively; 


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1 (4) by adding at the end the following: 

2 ‘‘(14) Section 401, relating to humanitarian and 

3 civic assistance provided in conjunction with military 

4 operations. 

5 ‘‘(15) Section 1206 of the Carl Levin and How6 ard P. ‘Buck’ McKeon National Defense Authoriza7 tion Act for Fiscal Year 2015 (128 Stat. 3538; 10 

8 U.S.C. 2282 note), relating to authority to conduct 

9 human rights training of security forces and associ10 ated security ministries of foreign countries. 

11 ‘‘(16) Section 1534 of the Carl Levin and How12 ard P. ‘Buck’ McKeon National Defense Authoriza13 tion Act for Fiscal Year 2015 (128 Stat. 3616), relat14 ing to the Counterterrorism Partnerships Fund. 

15 ‘‘(17) Section 1203 of the National Defense Au16 thorization Act for Fiscal Year 2014 (Public Law 

17 113–66; 127 Stat. 894; 10 U.S.C. 2011 note), relating 

18 to training of general purpose forces of the United 

19 States Armed Forces with military and other security 

20 forces of friendly foreign countries.’’; and 

21 (5) by striking ‘‘of title 10, United States Code’’ 

22 each place it appears. 

23 (d) FORM.—Subsection (e) of such section is amended 

24 by adding ‘‘that may also include other sensitive informa25 tion’’ after ‘‘annex’’. 


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1 (e) CODIFICATION OF SECTION 1211 OF FY 2015 

2 NDAA.— 

3 (1) CODIFICATION.—Chapter 11 of title 10, 

4 United States Code, as amended by section 1261 of 

5 this Act, is further amended by inserting after section 

6 251 a new section 252 consisting of— 

7 (A) a heading as follows: 

8 ‘‘§ 252. Annual report on programs carried out by the 

9 Department of Defense to provide train10 ing, equipment, or other assistance or re11 imbursement to foreign security forces’’; 

12 and 

13 (B) a text consisting of the text of sub14 sections (a) through (e) of section 1211 of the 

15 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 

19 section. 

20 (2) CONFORMING REPEAL.—Section 1211 of the 

21 Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

22 Defense Authorization Act for Fiscal Year 2015 (Pub23 lic Law 113–291; 128 Stat. 3544), as amended by 

24 subsections (a) through (d) of this section, is repealed. 

25 (f) REPEAL OF OTHER REPORTING REQUIREMENTS.— 


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1 (1) ANNUAL REPORT ON HUMANITARIAN AND

2 CIVIC ASSISTANCE ACTIVITIES.—Section 401 of title 

3 10, United States Code, is amended— 

4 (A) by striking subsection (d); and 

5 (B) by redesignating subsection (e) as sub6 section (d). 

7 (2) SEMI-ANNUAL REPORTS ON COUNTERTER8 RORISM PARTNERSHIPS FUND.—Section 1534 of the 

9 Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

10 Defense Authorization Act for Fiscal Year 2015 (Pub11 lic Law 113–291; 128 Stat. 3616) is amended— 

12 (A) by striking subsection (g); and 

13 (B) by redesignating subsection (h) as sub14 section (g). 

15 (3) ANNUAL REPORT ON USE OF AUTHORITY TO

16 TRAIN GENERAL PURPOSE FORCES OF THE UNITED

17 STATES ARMED FORCES WITH MILITARY AND OTHER

18 SECURITY FORCES OF FRIENDLY FOREIGN COUN19 TRIES.—Section 1203 of the National Defense Author20 ization Act for Fiscal Year 2014 (Public Law 113– 

21 66; 127 Stat. 894; 10 U.S.C. 2011 note) is amended— 

22 (A) in subsection (a)(1), by striking ‘‘sub23 section (f)’’ and inserting ‘‘subsection (e)’’; 

24 (B) by striking subsection (e); and 


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1 (C) by redesignating subsections (f), (g), 

2 and (h) as subsections (e), (f), and (g), respec3 tively. 

4 (4) ANNUAL REPORT ON USE OF AUTHORITY FOR

5 NATIONAL GUARD STATE PARTNERSHIP PROGRAM.— 

6 Section 1205 of the National Defense Authorization 

7 Act for Fiscal Year 2014 (Public Law 113–66; 127 

8 Stat. 897; 32 U.S.C. 107 note) is amended— 

9 (A) by striking subsection (f); and 

10 (B) by redesignating subsection (g), sub11 section (h), the second subsection (h), and sub12 section (i) as subsections (f), (g), (h), and (i), re13 spectively. 

14 SEC. 1206. INDEPENDENT ASSESSMENT OF DEPARTMENT 

15 OF DEFENSE SECURITY COOPERATION PRO16 GRAMS. 

17 (a) ASSESSMENT REQUIRED.— 

18 (1) IN GENERAL.—The Secretary of Defense shall 

19 enter into an agreement with a federally funded re20 search and development center, or another appro21 priate independent entity, with expertise in security 

22 cooperation to conduct an assessment of the Strategic 

23 Framework for Department of Defense Security Co24 operation. 


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1 (2) ELEMENTS.—The assessment under para2 graph (1) shall include the following: 

3 (A) An assessment of each of the elements of 

4 the Strategic Framework for Department of De5 fense Security Cooperation, as directed by sec6 tion 1202 of the National Defense Authorization 

7 Act for Fiscal Year 2016 (Public Law 114–92; 

8 129 Stat. 1036; 10 U.S.C. 113 note). 

9 (B) An assessment of the extent to which se10 curity cooperation programs, individually and 

11 in combination, as identified in the Comptroller 

12 General Inventory of Department of Defense Se13 curity Cooperation Programs directed in the 

14 committee report (H. Rept. 114–102) accom15 panying the National Defense Authorization Act 

16 for Fiscal Year 2016, and any other relevant 

17 studies, contribute to the strategic goals, primary 

18 objectives, priorities, and desired end-states of 

19 Department of Defense security cooperation pro20 grams. 

21 (C) Any other matters the entity that con22 ducts the assessment considers appropriate. 

23 (b) REPORT REQUIRED.— 

24 (1) IN GENERAL.—Not later than November 1, 

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1 gressional defense committees, the Committee on For2 eign Relations of the Senate, and the Committee on 

3 Foreign Affairs of the House of Representatives a re4 port that includes the assessment under subsection (a) 

5 and any other matters the Secretary considers appro6 priate. 

7 (2) FORM.—The report required under para8 graph (1) shall be submitted in unclassified form, but 

9 may include a classified annex. 

10 Subtitle B—Matters Relating to 

11 Afghanistan and Pakistan 

12 SEC. 1211. EXTENSION AND MODIFICATION OF COM13 MANDERS’ EMERGENCY RESPONSE PROGRAM. 

14 (a) EXTENSION.—Section 1201 of the National Defense 

15 Authorization Act for Fiscal Year 2012 (Public Law 112– 

16 81; 125 Stat. 1619), as most recently amended by section 

17 1211 of the National Defense Authorization Act for Fiscal 

18 Year 2016 (Public Law 114–92; 129 Stat. 1042), is further 

19 amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘During fiscal year 2016’’ 

22 and inserting ‘‘During the period beginning on 

23 October 1, 2016, and ending on December 31, 

24 2017’’; and 


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1 (B) by striking ‘‘in such fiscal year’’ and 

2 inserting ‘‘in such period’’; 

3 (2) in subsection (b), by striking ‘‘fiscal year 

4 2016’’ and inserting ‘‘fiscal year 2017’’; and 

5 (3) in subsection (f), by striking ‘‘in fiscal year 

6 2016’’ and inserting ‘‘during the period beginning on 

7 October 1, 2016, and ending on December 31, 2017’’. 

8 (b) AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS

9 INJURY AND LOSS IN IRAQ.— 

10 (1) IN GENERAL.—During the period beginning 

11 on October 1, 2016, and ending on December 31, 

12 2017, amounts available pursuant to section 1201 of 

13 the National Defense Authorization Act for Fiscal 

14 Year 2012, as amended by this section, shall also be 

15 available for ex gratia payments for damage, personal 

16 injury, or death that is incident to combat operations 

17 of the Armed Forces in Iraq. 

18 (2) NOTICE AND WAIT.—The authority in this 

19 subsection may not be used until 30 days after the 

20 date on which the Secretary of Defense submits to the 

21 congressional defense committees a report setting forth 

22 the following: 

23 (A) The amount that will be used for pay24 ments pursuant to this subsection. 


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1 (B) The manner in which claims for pay2 ments shall be verified. 

3 (C) The officers or officials who shall be au4 thorized to approve claims for payments. 

5 (D) The manner in which payments shall 

6 be made. 

7 (3) LIMITATION ON AMOUNT AVAILABLE.—The 

8 total amount of payments made pursuant to this sub9 section during the period beginning on October 1, 

10 2016, and ending on December 31, 2017, may not ex11 ceed $5,000,000. 

12 (4) AUTHORITIES APPLICABLE TO PAYMENT.— 

13 Any payment made pursuant to this subsection shall 

14 be made in accordance with the authorities and limi15 tations in section 8121 of the Department of Defense 

16 Appropriations Act, 2015 (division C of Public Law 

17 113–235), other than subsection (h) of such section. 

18 (5) CONSTRUCTION WITH RESTRICTION ON

19 AMOUNT OF PAYMENTS.—For purposes of the applica20 tion of subsection (e) of such section 1201, as so 

21 amended, to any payment pursuant to this sub22 section, such payment shall be deemed to be a project 

23 described by such subsection (e). 


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1 SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY 

2 FOR REIMBURSEMENT OF CERTAIN COALI3 TION NATIONS FOR SUPPORT PROVIDED TO 

4 UNITED STATES MILITARY OPERATIONS. 

5 (a) EXTENSION.—Subsection (a) of section 1233 of the 

6 National Defense Authorization Act for Fiscal Year 2008 

7 (Public Law 110–181; 122 Stat. 393), as most recently 

8 amended by section 1212 of the National Defense Authoriza9 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

10 Stat. 1043), is further amended by striking ‘‘fiscal year 

11 2016’’ and inserting ‘‘the period beginning on October 1, 

12 2016, and ending on December 31, 2017,’’. 

13 (b) LIMITATION ON AMOUNTS AVAILABLE.—Subsection 

14 (d)(1) of such section, as so amended, is further amended— 

15 (1) in the second sentence, by striking ‘‘during 

16 fiscal year 2016 may not exceed $1,160,000,000’’ and 

17 inserting ‘‘during the period beginning on October 1, 

18 2016, and ending on December 31, 2017, may not ex19 ceed $1,100,000,000’’ ; and 

20 (2) in the third sentence, by striking ‘‘fiscal year 

21 2016’’ and inserting ‘‘the period beginning on October 

22 1, 2016, and ending on December 31, 2017,’’. 

23 (c) EXTENSION OF NOTICE REQUIREMENT RELATING

24 TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT PRO25 VIDED BY PAKISTAN.—Section 1232(b)(6) of the National 

26 Defense Authorization Act for Fiscal Year 2008 (122 Stat. 


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1 393), as most recently amended by section 1212(c) of the 

2 National Defense Authorization Act for Fiscal Year 2016 

3 (129 Stat. 1043), is further amended by striking ‘‘Sep4 tember 30, 2016’’ and inserting ‘‘December 31, 2017’’. 

5 (d) EXTENSION OF LIMITATION ON REIMBURSEMENT

6 OF PAKISTAN PENDING CERTIFICATION ON PAKISTAN.— 

7 Section 1227(d)(1) of the National Defense Authorization 

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

9 2001), as most recently amended by section 1212(d) of the 

10 National Defense Authorization Act for Fiscal Year 2016 

11 (129 Stat. 1043), is further amended by striking ‘‘for fiscal 

12 year 2016 or any prior fiscal year’’ and inserting ‘‘for any 

13 period prior to December 31, 2017’’. 

14 (e) ADDITIONAL LIMITATION ON REIMBURSEMENT OF

15 PAKISTAN PENDING CERTIFICATION ON PAKISTAN.—Of the 

16 total amount of reimbursements and support authorized for 

17 Pakistan during the period beginning on October 1, 2016, 

18 and ending on December 31, 2017, pursuant to the third 

19 sentence of section 1233(d)(1) of the National Defense Au20 thorization Act for Fiscal Year 2008 (as amended by sub21 section (b)(2)), $450,000,000 shall not be eligible for the 

22 waiver under section 1227(d)(2) of the National Defense 

23 Authorization Act for Fiscal Year 2013 (126 Stat. 2001) 

24 unless the Secretary of Defense certifies to the congressional 

25 defense committees that— 


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1 (1) Pakistan continues to conduct military oper2 ations in North Waziristan that are contributing to 

3 significantly disrupting the safe haven and freedom of 

4 movement of the Haqqani Network in Pakistan; 

5 (2) Pakistan has taken steps to demonstrate its 

6 commitment to prevent the Haqqani Network from 

7 using North Waziristan as a safe haven; and 

8 (3) the Government of Pakistan actively coordi9 nates with the Government of Afghanistan to restrict 

10 the movement of militants, such as the Haqqani Net11 work, along the Afghanistan-Pakistan border. 

12 SEC. 1213. EXTENSION OF AUTHORITY TO ACQUIRE PROD13 UCTS AND SERVICES PRODUCED IN COUN14 TRIES ALONG A MAJOR ROUTE OF SUPPLY TO 

15 AFGHANISTAN. 

16 Section 801(f) of the National Defense Authorization 

17 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

18 2399), as most recently amended by section 1214 of the Na19 tional Defense Authorization Act for Fiscal Year 2016 (Pub20 lic Law 114–92; 129 Stat. 1045), is further amended by 

21 striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

22 2017’’. 


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1 SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DE2 FENSE ARTICLES AND PROVIDE DEFENSE 

3 SERVICES TO THE MILITARY AND SECURITY 

4 FORCES OF AFGHANISTAN. 

5 (a) EXTENSION.—Subsection (h) of section 1222 of the 

6 National Defense Authorization Act for Fiscal Year 2013 

7 (Public Law 112–239; 126 Stat. 1992), as most recently 

8 amended by section 1215 of the National Defense Authoriza9 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

10 Stat. 1045), is further amended by striking ‘‘December 31, 

11 2016’’ and inserting ‘‘December 31, 2017’’. 

12 (b) QUARTERLY REPORTS.—Subsection (f)(1) of such 

13 section, as so amended, is further amended by striking 

14 ‘‘March 31, 2017’’ and inserting ‘‘March 31, 2018’’. 

15 (c) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of 

16 such section, as so amended, is further amended by striking 

17 ‘‘,, 2015, and 2016’’ each place it appears and inserting 

18 ‘‘, 2015, 2016, and 2017’’. 

19 SEC. 1215. SENSE OF CONGRESS ON UNITED STATES POL20 ICY AND STRATEGY IN AFGHANISTAN. 

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

22 (1) The United States continues to have vital na23 tional security interests in ensuring that Afghanistan 

24 is a stable, sovereign country. 

25 (2) President Obama signed a Strategic Partner26 ship Agreement and a Bilateral Security Agreement 


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1 with the President of the Islamic Republic of Afghani2 stan, which commits the United States to the long3 term security of, and defense cooperation with, the 

4 Government of Afghanistan and designates Afghani5 stan as a ‘‘major non-NATO ally’’. 

6 (3) The unity government in Afghanistan, led by 

7 President Ghani and Chief Executive Abdullah, 

8 should be applauded for their continued leadership 

9 and commitment to Afghanistan’s stability and secu10 rity. 

11 (4) Stability and security in Afghanistan rein12 forces stability and security in the region. 

13 (5) The best long-term guarantor of stability and 

14 security in Afghanistan is a stable unity government 

15 and a capable Afghan National Defense and Security 

16 Forces (ANDSF). 

17 (6) The President’s current policy is to draw 

18 down from 9,800 to 5,500 United States troops by 

19 January 1, 2017. As the recent commander in Af20 ghanistan, General John Campbell, testified to the 

21 Senate Armed Services Committee, ‘‘the 5,500 [U.S. 

22 troops] plan was developed primarily around counter23 terrorism. There’s very limited train-advise-and-as24 sist...in those numbers. To continue to build on the 

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1 tion, logistics, intelligence...we’d have to make some 

2 adjustments to that number.’’. 

3 (7) The President’s policy of limiting the number 

4 of United States troops that the commander can em5 ploy in Afghanistan is hindering the effectiveness of 

6 the United States mission therein. 

7 (8) Further, at the current policy of 9,800 

8 United States troops, the new commander of Oper9 ation Resolute Support in Afghanistan, General John 

10 ‘‘Mick’’ Nicholson, agreed in testimony with the Sen11 ate Armed Services Committee that the security situa12 tion in Afghanistan has been deteriorating rather 

13 than improving. 

14 (9) General John Campbell also stated 

15 ‘‘. . .Afghan shortfalls will persist beyond 2016. Ca16 pability gaps still exist in fixed and rotary-wing 

17 aviation, combined arms operations, intelligence col18 lection and dissemination, and maintenance.’’. 

19 (10) General John Campbell further stated ‘‘I 

20 have the authority to protect coalition members 

21 against any insurgents. . .to attack the Taliban just 

22 because they’re Taliban, I do not have that author23 ity.’’. 


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1 (11) The Taliban have made territorial gains 

2 and are holding terrain in key geographic areas in 

3 Afghanistan, including in Helmand Province. 

4 (12) The Taliban held the city of Kunduz, Af5 ghanistan, which is the first time the Taliban have 

6 held a major city in Afghanistan in 14 years. 

7 (13) The Haqqani Network, a designated foreign 

8 terrorist organization aligned with the Taliban, is the 

9 most lethal group on the battlefield in Afghanistan, 

10 and continues to provide safe haven to al-Qaeda. 

11 (14) The Islamic State of Iraq and the Levant 

12 (ISIL) has established an affiliate in Afghanistan. 

13 (15) Since the death of the Taliban’s leader, 

14 Mullah Mohammad Omar, and the ascendance of 

15 Mullah Akhtar Mansoor and Saraj Haqqani, head of 

16 the Haqqani Network, to Taliban leadership, the 

17 Taliban have not engaged in political reconciliation 

18 negotiations with the Government of Afghanistan. 

19 (16) The President has the statutory, legal au20 thority to strike the Taliban and the Haqqani Net21 work. 

22 (b) SENSE OF CONGRESS.—It is the sense of Congress 

23 that— 

24 (1) the President should authorize at least 9,800 

25 United States troops to continue the train, advise, 


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1 and assist and counterterrorism missions in Afghani2 stan after 2016; 

3 (2) the President should provide the United 

4 States commander in Afghanistan with the authority 

5 to unilaterally strike the Taliban and the Haqqani 

6 Network; 

7 (3) the President should provide additional re8 sources to strike the Islamic State of Iraq and the Le9 vant (ISIL) in Afghanistan; 

10 (4) the President should provide the United 

11 States commander in Afghanistan the authority to 

12 conduct the train, advise, and assist mission below 

13 the corps level of the Afghan National Defense and Se14 curity Forces (ANDSF); 

15 (5) the United States should provide United 

16 States Armed Forces lift and close air support to 

17 ANDSF units until the ANDSF has a fully capable, 

18 organic lift and close air support capability and ca19 pacity; 

20 (6) the United States should provide monetary 

21 and advisory support for 352,000 ANDSF personnel 

22 and 30,000 Afghan Local Police, including intel23 ligence, surveillance, and reconnaissance support, 

24 through 2018; 


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1 (7) it should continue to be a top priority to pro2 vide United States Armed Forces deployed to Afghan3 istan with necessary medical, force protection, and 

4 combat search and rescue support; and 

5 (8) United States military personnel who are 

6 tasked with the mission of providing combat search 

7 and rescue support, casualty evacuation, and medical 

8 support should not be counted as part of any force 

9 management level limitation on the number of United 

10 States ground forces in Afghanistan. 

11 SEC. 1216. SPECIAL IMMIGRANT STATUS FOR CERTAIN AF12 GHANS. 

13 (a) ALIENS DESCRIBED.—Section 602(b)(2)(A)(ii)(I) 

14 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 

15 note) is amended to read as follows: 

16 ‘‘(I)(aa) by, or on behalf of, the 

17 United States Government, in the case 

18 of an application for Chief of Mission 

19 approval submitted before May 31, 

20 2016; or 

21 ‘‘(bb) in the case of an applica22 tion for Chief of Mission approval sub23 mitted on or after May 31, 2016, in a 

24 capacity that required the alien— 


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1 ‘‘(AA) to serve as an inter2 preter or translator for United 

3 States military personnel in Af4 ghanistan while traveling off-base 

5 with such personnel; or 

6 ‘‘(BB) to perform sensitive 

7 and trusted activities for United 

8 States military personnel sta9 tioned in Afghanistan; or’’. 

10 (b) NUMERICAL LIMITATIONS.—Clauses (i) and (ii) of 

11 section 602(b)(3)(F) of such Act are each amended by strik12 ing ‘‘December 31, 2016;’’ and inserting ‘‘December 31, 

13 2017;’’. 

14 (c) REPORT.—Section 602(b)(14) of such Act is 

15 amended— 

16 (1) by striking ‘‘Not later than 60 days after the 

17 date of the enactment of this paragraph,’’ and insert18 ing ‘‘Not later than December 31, 2016, and annually 

19 thereafter through January 31, 2021,’’; and 

20 (2) in subparagraph (A)(i), by striking ‘‘under 

21 this section;’’ and inserting ‘‘under subclause (I) or 

22 (II)(bb) of paragraph (2)(A)(ii);’’. 


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1 Subtitle C—Matters Relating to 

2 Syria and Iraq 

3 SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY 

4 TO PROVIDE ASSISTANCE TO THE VETTED 

5 SYRIAN OPPOSITION. 

6 (a) IN GENERAL.—Subsection (a) of section 1209 of 

7 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

8 Defense Authorization Act for Fiscal Year 2015 (Public 

9 Law 113–291; 128 Stat. 3541) is amended by striking ‘‘De10 cember 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

11 (b) REPROGRAMMING REQUIREMENT.—Subsection (f) 

12 of such section, as amended by section 1225(e) of the Na13 tional Defense Authorization Act for Fiscal Year 2016 (Pub14 lic Law 114–92; 129 Stat. 1055), is further amended— 

15 (1) in paragraph (1), by striking ‘‘December 31, 

16 2016’’ and inserting ‘‘December 31, 2017’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(3) CERTIFICATION ACCOMPANYING RE19 PROGRAMMING REQUESTS.—Each request under para20 graph (1) shall include a certification of the Secretary 

21 of Defense that— 

22 ‘‘(A) a required number and type of United 

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1 tion Act for Fiscal Year 2016 (Public Law 114– 

2 92; 129 Stat. 1054) and to support a plan to re3 take and hold Raqqa, Syria; and 

4 ‘‘(B) a required number and type of United 

5 States Armed Forces have been deployed to sup6 port the elements of the Syrian opposition and 

7 other Syrian groups and individuals that are to 

8 be trained and equipped under this section to en9 sure that such elements, groups, and individuals 

10 are able to defend themselves from attacks by the 

11 Islamic State of Iraq and the Levant (ISIL) and 

12 Government of Syria forces consistent with the 

13 purposes set forth in subsection (a).’’. 

14 SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY 

15 TO PROVIDE ASSISTANCE TO COUNTER THE 

16 ISLAMIC STATE OF IRAQ AND THE LEVANT. 

17 (a) SENSE OF CONGRESS.—It is the sense of Congress 

18 that— 

19 (1) it should be the policy of the United States 

20 to support, within the framework of the Iraqi Con21 stitution, the Iraqi Kurdish Peshmerga, the Iraqi Se22 curity Forces, and Sunni tribal forces in the fight 

23 against the Islamic State of Iraq and the Levant; 

24 (2) recognizing the important role of the Iraqi 

25 Kurdish Peshmerga within the military campaign 


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1 against ISIL in Iraq, the United States should pro2 vide arms, training, and appropriate equipment di3 rectly to the Kurdistan Regional Government; and 

4 (3) efforts should be made to ensure transparency 

5 and oversight mechanisms are in place for oversight 

6 of United States assistance to combat waste, fraud, 

7 and abuse. 

8 (b) AUTHORITY.—Subsection (a) of section 1236 of the 

9 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De10 fense Authorization Act for Fiscal Year 2015 (Public Law 

11 113–291; 128 Stat. 3559) is amended by striking ‘‘Decem12 ber 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

13 (c) FUNDING.—Subsection (g) of such section, as 

14 amended by section 1223 of the National Defense Authoriza15 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

16 Stat. 1049), is further amended— 

17 (1) by striking the first sentence and inserting 

18 the following: ‘‘Of the amounts authorized to be ap19 propriated in the National Defense Authorization Act 

20 for Fiscal Year 2017 for Overseas Contingency Oper21 ations in title XV for fiscal year 2017, there are au22 thorized to be appropriated $680,000,000 to carry out 

23 this section.’’; and 

24 (2) by striking the second sentence. 


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1 (d) SUBMISSION OF PLAN REQUIREMENT.—Subsection 

2 (k) of such section is amended to read as follows: 

3 ‘‘(k) SUBMISSION OF PLAN REQUIREMENT.—Not more 

4 than 75 percent of the funds authorized to be appropriated 

5 under this section may be obligated or expended until not 

6 earlier than 15 days after the date on which the Secretary 

7 of Defense, in coordination with the Secretary of State, sub8 mits to the appropriate congressional committees a plan to 

9 re-take Mosul, Iraq from the Islamic State of Iraq and the 

10 Levant (ISIL) and to hold Mosul, Iraq.’’. 

11 (e) BRIEFING AND AUTHORITY TO ASSIST DIRECTLY

12 CERTAIN COVERED GROUPS.—Subsection (l) of such sec13 tion, as so amended, is further amended— 

14 (1) in the subsection heading, by striking ‘‘AS15 SESSMENT’’ and inserting ‘‘BRIEFING’’; 

16 (2) in paragraph (1)— 

17 (A) in the paragraph heading, by striking 

18 ‘‘ASSESSMENT’’ and inserting ‘‘BRIEFING’’; 

19 (B) in subparagraph (A)— 

20 (i) by striking ‘‘National Defense Au21 thorization Act for Fiscal Year 2016’’ and 

22 inserting ‘‘National Defense Authorization 

23 Act for Fiscal Year 2017’’; and 

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1 ment of’’ and inserting ‘‘provide to the ap2 propriate congressional committees a brief3 ing that includes an assessment of’’; 

4 (C) in subparagraph (C)— 

5 (i) by striking ‘‘submit to the appro6 priate congressional committees an update 

7 of’’ and inserting ‘‘provide to the appro8 priate congressional committees a briefing 

9 that includes an update of’’; and 

10 (ii) by striking ‘‘the assessment is sub11 mitted’’ and inserting ‘‘the briefing is pro12 vided’’; and 

13 (D) by striking subparagraph (D); 

14 (3) in paragraph (2)— 

15 (A) in subparagraph (A)— 

16 (i) by striking ‘‘If the President’’ and 

17 all that follows through ‘‘the Secretary of 

18 Defense’’ and inserting ‘‘Of the funds au19 thorized to be appropriated under this sec20 tion, $50,000,000 shall be available to the 

21 Secretary of Defense’’; 

22 (ii) by striking ‘‘is authorized’’; 

23 (iii) by striking ‘‘assistance’’ and in24 serting ‘‘stipends and sustainment’’; and 


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1 (iv) by adding at the end the following: 

2 ‘‘Of the funds made available to carry out 

3 this subparagraph, not less than 33 percent 

4 shall be available for stipends and 

5 sustainment for the group described in sub6 paragraph (D)(i).’’. 

7 (B) in subparagraph (C)— 

8 (i) in the heading, by striking ‘‘COST9 SHARING’’ and inserting ‘‘SUBMISSION OF

10 PLAN’’; and 

11 (ii) by striking ‘‘cost-sharing’’ and in12 serting ‘‘submission of plan’’; and 

13 (C) in subparagraph (D) to read as follows: 

14 ‘‘(D) COVERED GROUPS.—The groups de15 scribed in this subparagraph are the following 

16 groups that are directly engaged in the cam17 paign for Mosul, Iraq: 

18 ‘‘(i) The Iraqi Kurdish Peshmerga. 

19 ‘‘(ii) Sunni tribal security forces, or 

20 other local security forces, with a national 

21 security mission.’’. 

22 (f) PROHIBITION ON ASSISTANCE AND REPORT ON

23 EQUIPMENT OR SUPPLIES TRANSFERRED TO OR ACQUIRED

24 BY VIOLENT EXTREMIST ORGANIZATIONS.— 


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1 (1) PROHIBITION.—Assistance authorized under 

2 section 1236 of the Carl Levin and Howard P. 

3 ‘‘Buck’’ McKeon National Defense Authorization Act 

4 for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 

5 3559), as so amended, may not be provided to the 

6 Government of Iraq after the date that is 90 days 

7 after the date of the enactment of this Act unless the 

8 Secretary of Defense certifies to the appropriate con9 gressional committees, after the date of the enactment 

10 of this Act, that the Government of Iraq has taken 

11 such actions as may be reasonably necessary to safe12 guard against such assistance being transferred to or 

13 acquired by violent extremist organizations. 

14 (2) BRIEFING.— 

15 (A) BRIEFING REQUIRED.—Not later than 

16 30 days after the date on which the Secretary of 

17 Defense makes any determination that equip18 ment or supplies provided pursuant to section 

19 1236(a) of the Carl Levin and Howard P. 

20 ‘‘Buck’’ McKeon National Defense Authorization 

21 Act for Fiscal Year 2015 (Public Law 113–291; 

22 128 Stat. 3559), as so amended, have been trans23 ferred to or acquired by a violent extremist orga24 nization, the Secretary shall provide to the ap25 propriate congressional committees a briefing 


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1 that contains a description of the determination 

2 of the Secretary and the transfer to or acquisi3 tion by the violent extremist organization. 

4 (B) ELEMENTS.—Each briefing under 

5 paragraph (1) shall include, with respect to the 

6 transfer covered by the report, the following: 

7 (i) An assessment of the type and 

8 quantity of equipment or supplies trans9 ferred to the violent extremist organization. 

10 (ii) A description of the criteria used 

11 to determine that the organization is a vio12 lent extremist organization. 

13 (iii) A description, if known, of how 

14 the equipment or supplies were transferred 

15 to or acquired by the violent extremist orga16 nization. 

17 (iv) If the equipment or supplies are 

18 determined to remain under the current 

19 control of the violent extremist organization, 

20 a description of the organization, including 

21 its relationship, if any, to the security forces 

22 of the Government of Iraq. 

23 (v) A description of the end use moni24 toring or other policies and procedures in 

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1 plies to be transferred to or acquired by vio2 lent extremist organizations. 

3 (3) DEFINITIONS.—In this subsection: 

4 (A) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional 

6 committees’’ means— 

7 (i) the congressional defense commit8 tees; and 

9 (ii) the Committee on Foreign Rela10 tions of the Senate and the Committee on 

11 Foreign Affairs of the House of Representa12 tives. 

13 (B) VIOLENT EXTREMIST ORGANIZATION.— 

14 The term ‘‘violent extremist organization’’ means 

15 an organization that— 

16 (i) is a foreign terrorist organization 

17 designated by the Secretary of State under 

18 section 219 of the Immigration and Nation19 ality Act (8 U.S.C. 1189) or is associated 

20 with a foreign terrorist organization; or 

21 (ii) is known to be under the command 

22 and control of, or is associated with, the 

23 Government of Iran. 


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1 SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY 

2 TO SUPPORT OPERATIONS AND ACTIVITIES 

3 OF THE OFFICE OF SECURITY COOPERATION 

4 IN IRAQ. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (f)(1) of 

6 section 1215 of the National Defense Authorization Act for 

7 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1631; 10 

8 U.S.C. 113 note), as most recently amended by section 1221 

9 of the National Defense Authorization Act for Fiscal Year 

10 2016 (Public Law 114–92; 129 Stat. 1047), is further 

11 amended— 

12 (1) by striking ‘‘fiscal year 2016’’ and inserting 

13 ‘‘fiscal year 2017’’; and 

14 (2) by inserting ‘‘, Iraqi Border Police,’’ after 

15 ‘‘Iraqi Ministry of Defense’’. 

16 (b) AUTHORITY.—Subsection (a) of such section is 

17 amended by striking ‘‘transition’’ and inserting ‘‘security’’. 

18 (c) AMOUNT AVAILABLE.—Such section, as so amend19 ed, is further amended— 

20 (1) in subsection (c), by striking ‘‘fiscal year 

21 2016’’ and inserting ‘‘fiscal year 2017’’; and 

22 (2) in subsection (d), by striking ‘‘fiscal year 

23 2016’’ and inserting ‘‘fiscal year 2017’’. 


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1 SEC. 1224. REPORT ON PREVENTION OF FUTURE TER2 RORIST ORGANIZATIONS IN IRAQ AND SYRIA. 

3 (a) REPORT REQUIRED.—Not later than 180 days 

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

5 of Defense shall submit to the congressional defense commit6 tees a report that describes the political, economic, and secu7 rity conditions in Iraq and Syria that would be necessary 

8 and sufficient to prevent the formation of future terrorist 

9 organizations in Iraq and Syria that may present a danger 

10 to the United States, its allies, and the stability of Iraq, 

11 Syria, and the rest of the Middle East region. 

12 (b) MATTERS TO BE INCLUDED.—The report required 

13 under subsection (a) shall include the following: 

14 (1) A detailed construct of the conditions that 

15 must be met for the Islamic State to be considered de16 feated and a successful conclusion to Operation Inher17 ent Resolve achieved. 

18 (2) A detailed explanation of the political, eco19 nomic, and security conditions that would— 

20 (A) provide reasonable confidence a new ter21 rorist organization, including a successor to al 

22 Qaeda or Islamic State, or an unrelated organi23 zation, would not form in the region in the short 

24 and long term; 


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1 (B) decrease probability of terrorist attacks 

2 on the United States, its allies, and countries in 

3 the Middle East; 

4 (C) eliminate safe havens for terrorist orga5 nizations in Syria and Iraq; and 

6 (D) diminish refugee flows within and out 

7 of Iraq and Syria. 

8 (3) A strategy for the United States and its al9 lies and partners to facilitate those political, eco10 nomic, and security conditions in the short and long 

11 term, including a description of— 

12 (A) the posture, roles, and activities of the 

13 Department of Defense in Iraq and Syria and 

14 the region; 

15 (B) the roles and responsibilities of United 

16 States’ allies and regional partners; and 

17 (C) the roles and responsibilities for other 

18 countries and groups in the region, including 

19 Kurds, Shia, and Sunni groups in Iraq and 

20 Syria, and Saudi Arabia and Iran. 

21 (4) Any other matters the Secretary of Defense 

22 may determine to be appropriate. 

23 (c) FORM.—The report required under subsection (a) 

24 shall be submitted in unclassified form, but may contain 

25 a classified annex if necessary. 


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1 SEC. 1225. SEMIANNUAL REPORT ON INTEGRATION OF PO2 LITICAL AND MILITARY STRATEGIES AGAINST 

3 ISIL. 

4 (a) REPORTS REQUIRED.— 

5 (1) IN GENERAL.—The Secretary of Defense and 

6 the Secretary of State shall jointly submit to the ap7 propriate committees of Congress, on a semiannual 

8 basis, a report on the political and military strategies 

9 to defeat the Islamic State in Iraq and the Levant. 

10 (2) SUBMITTAL.— A report under paragraph (1) 

11 shall be submitted not later than June 15 each year, 

12 for the 6-month period ending on May 31 of such 

13 year, and not later than December 15 each year, for 

14 the 6-month period ending on November 30 of such 

15 year. 

16 (3) FORM.—Each report required under para17 graph (1) shall be submitted in unclassified form, but 

18 may include a classified annex. 

19 (b) MATTERS TO BE INCLUDED.—Each report re20 quired under subsection (a) shall include the following: 

21 (1) Military strategy and objectives of the United 

22 States Department of Defense and coalition partners 

23 against the Islamic State in Iraq and the Levant 

24 (hereinafter in this section referred to as ‘‘ISIL’’); 

25 (2) Political strategy and objectives of the United 

26 States Department of State and coalition partners to 


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1 address the political roots underlying the growth of 

2 ISIL, including— 

3 (A) a comprehensive political plan for 

4 achieving a transition plan, interim government, 

5 and free and fair internationally monitored elec6 tions after the end of the current government 

7 headed by Bashar al-Assad; 

8 (B) a comprehensive political plan for Iraqi 

9 political reform and reconciliation between eth10 nic groups and political parties (including a 

11 plan for passage of national guard legislation, 

12 repeal of de-Baathification laws, and a plan for 

13 equitable petroleum revenue sharing with the 

14 Kurdistan Regional Government); and 

15 (C) a critical assessment of the current size 

16 and structure of the Iraqi Security Forces (here17 inafter in this section referred to as ‘‘ISF’’) in18 cluding an assessment of— 

19 (i) provincial and neighborhood mili20 tias and special counterterrorism units; 

21 (ii) any changes in strength and mix 

22 of force structure within the ISF; 

23 (iii) levels of recruitment, retention, 

24 and attrition within ISF forces; and 

25 (iv) the operating budget of the ISF. 


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1 (c) REPORT BY COMPTROLLER GENERAL.—Not later 

2 than 180 days after the date of the enactment of this Act, 

3 the Comptroller General of the United States shall submit 

4 to the appropriate committees of Congress a review of— 

5 (1) the transparency and anti-fraud, internal 

6 controls and accounting, and other measures under7 taken by the Government of Iraq for the ISF, includ8 ing irregular forces, relating to cash transfers and 

9 other assistance provided through the Iraq Train and 

10 Equip Fund; and 

11 (2) the financial management capacity and ac12 countability of United States direct assistance with 

13 respect to all recipients of funding under the Iraq 

14 Train and Equip Fund. 

15 (d) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate committees 

17 of Congress’’ means— 

18 (1) the Committee on Armed Services, the Com19 mittee on Appropriations, and the Committee on For20 eign Relations of the Senate; and 

21 (2) the Committee on Armed Services, the Com22 mittee on Appropriations, and the Committee on For23 eign Affairs of the House of Representatives. 


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1 (e) SUNSET.—The requirements under this section 

2 shall expire on the date that is three years after the date 

3 of the enactment of this Act. 

4 Subtitle D—Matters Relating to the 

5 Russian Federation 

6 SEC. 1231. LIMITATION ON USE OF FUNDS TO APPROVE OR 

7 OTHERWISE PERMIT APPROVAL OF CERTAIN 

8 REQUESTS BY RUSSIAN FEDERATION UNDER 

9 OPEN SKIES TREATY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional commit13 tees’’ means— 

14 (A) the Committee on Armed Services, the 

15 Committee on Foreign Relations, and the Select 

16 Committee on Intelligence of the Senate; and 

17 (B) the Committee on Armed Services, the 

18 Committee on Foreign Affairs, and the Perma19 nent Select Committee on Intelligence of the 

20 House of Representatives. 

21 (2) COVERED STATE PARTY.—The term ‘‘covered 

22 state party’’ means a foreign country that— 

23 (A) is a state party to the Open Skies Trea24 ty; and 

25 (B) is a United States ally. 


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1 (3) OBSERVATION AIRCRAFT, OBSERVATION

2 FLIGHT, AND SENSOR.—The terms ‘‘observation air3 craft’’, ‘‘observation flight’’, and ‘‘sensor’’ have the 

4 meanings given such terms in Article II of the Open 

5 Skies Treaty. 

6 (4) OPEN SKIES TREATY.—The term ‘‘Open 

7 Skies Treaty’’ means the Treaty on Open Skies, done 

8 at Helsinki March 24, 1992, and entered into force 

9 January 1, 2002. 

10 (b) LIMITATION.—None of the funds authorized to be 

11 appropriated or otherwise made available by this Act or 

12 any other Act for fiscal year 2017 or any subsequent fiscal 

13 year may be used to approve or otherwise permit the ap14 proval of a request by the Russian Federation to carry out 

15 an initial or exhibition observation flight or certification 

16 event of an observation aircraft on which is installed an 

17 upgraded sensor with infrared or synthetic aperture radar 

18 capability over the territory of the United States or over 

19 the territory of a covered state party under the Open Skies 

20 Treaty unless and until the Secretary of Defense, jointly 

21 with the Secretary of State, the Secretary of Energy, the 

22 Secretary of Homeland Security, the Director of the Federal 

23 Bureau of Investigation, the Director of National Intel24 ligence, and the commander of U.S. Strategic Command 

25 and the Commander of U.S. Northern Command in the case 


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1 of a flight over the territory of the United States and the 

2 Commander of U.S. European Command in the case of 

3 other flights, submits to the appropriate congressional com4 mittees the following: 

5 (1) CERTIFICATION.—A certification that— 

6 (A) the Russian Federation— 

7 (i) is taking no action that is incon8 sistent with the terms of the Open Skies 

9 Treaty; 

10 (ii) is not exceeding the imagery limits 

11 set forth in the Treaty; and 

12 (iii) is allowing overflights by covered 

13 state parties over all of Moscow, Chechnya, 

14 Abkhazia, South Ossetia, and Kaliningrad 

15 without restriction and without inconsist16 ency to requirements under the Open Skies 

17 Treaty; and 

18 (B) covered state parties have been notified 

19 and briefed on concerns of the intelligence com20 munity (as defined in section 3 of the National 

21 Security Act of 1947 (50 U.S.C. 3003)) regard22 ing upgraded sensors used under the Open Skies 

23 Treaty. 

24 (2) REPORT.—A report on the Open Skies Trea25 ty that includes the following: 


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1 (A) The annual costs to the United States 

2 associated with countermeasures to combat po3 tential abuses of Russian flights carried out 

4 under the Open Skies Treaty over European and 

5 United States territories with a sensor described 

6 in paragraph (1)(B). 

7 (B) A plan to replace the Open Skies Trea8 ty architecture with a more robust sharing of 

9 overhead commercial imagery, consistent with 

10 United States national security, with covered 

11 state parties, excluding the Russian Federation. 

12 (C) An evaluation by the Director of Na13 tional Intelligence of matters concerning how an 

14 observation flight described in subparagraph (A) 

15 could implicate intelligence activities of the Rus16 sian Federation in the United States and United 

17 States counterintelligence activities and 

18 vulnerabilities. 

19 (D) An assessment of how such information 

20 is used by the Russian Federation, for what pur21 pose, and how the information fits into the Rus22 sian Federation’s overall collection posture. 

23 (c) NOTICE.— 

24 (1) IN GENERAL.—Not later than 14 days after 

25 the completion of an observation flight over the 


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1 United States, the Secretary of Defense, jointly with 

2 the Secretary of Energy, the Secretary of Homeland 

3 Security, the Director of the Federal Bureau of Inves4 tigation, and the Director of National Intelligence, 

5 shall notify the appropriate congressional committees 

6 of such flight. 

7 (2) CONTENTS.—Notice submitted for a flight 

8 pursuant to paragraph (1) shall include the following: 

9 (A) A description of the flight path. 

10 (B) An analysis of whether and the extent 

11 to which any United States critical infrastruc12 ture was the subject of image capture activities 

13 of such flight. 

14 (C) An estimate for the mitigation costs im15 posed on the Department of Defense or other 

16 United States Government agencies by such 

17 flight. 

18 (D) An assessment of how such information 

19 is used by the Russian Federation, for what pur20 pose, and how the information fits into the Rus21 sian Federation’s overall collection posture. 

22 (d) ADDITIONAL LIMITATION.— 

23 (1) IN GENERAL.—Not more than 65 percent of 

24 the funds authorized to be appropriated or otherwise 

25 made available by this Act or any other Act for fiscal 


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1 year 2017 year may be used to carry out any activi2 ties to implement the Open Skies Treaty until the re3 quirements described in paragraph (2) are met. 

4 (2) REQUIREMENTS DESCRIBED.—The require5 ments described in this paragraph are the following: 

6 (A) The Director of National Intelligence 

7 and the Director of the National Geospatial-In8 telligence Agency jointly submit to the appro9 priate congressional committees a report on the 

10 following: 

11 (i) Whether it is possible, consistent 

12 with United States national security inter13 ests, to provide enhanced access to United 

14 States commercial imagery or other United 

15 States capabilities, consistent with the pro16 tection of sources and methods and United 

17 States national security, to covered state 

18 parties that is qualitatively similar to that 

19 derived by flights over the territory of the 

20 United States or over the territory of a cov21 ered state party under the Open Skies Trea22 ty, on a more timely basis. 

23 (ii) What the cost would be to provide 

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1 rent imagery sharing through the Open 

2 Skies Treaty. 

3 (iii) Whether any new agreements 

4 would be needed to provide enhanced access 

5 to such commercial imagery or other capa6 bilities and what would be required to ob7 tain such agreements. 

8 (iv) Whether transitioning to such 

9 commercial imagery or other capabilities 

10 from the current imagery sharing through 

11 the Open Skies Treaty would reduce oppor12 tunities by the Russian Federation to exceed 

13 imagery limits and reduce utility for Rus14 sian intelligence collection against the 

15 United States or covered state parties. 

16 (v) How such commercial imagery or 

17 other capabilities would compare to the cur18 rent imagery sharing through the Open 

19 Skies Treaty. 

20 (B) The Secretary of State, in consultation 

21 with the Director of the National Geospatial In22 telligence Agency and the Secretary of Defense, 

23 submits to the appropriate congressional com24 mittees an unclassified report that— 


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1 (i) details the costs for implementation 

2 of the Open Skies Treaty, including— 

3 (I) mitigation costs relating to 

4 national security; and 

5 (II) aircraft, sensors, and related 

6 overhead and treaty implementation 

7 costs for covered state parties; and 

8 (ii) describes the impact on contribu9 tions by covered state parties and relation10 ships among covered state parties in the 

11 context of the Open Skies Treaty, the North 

12 Atlantic Treaty Organization, and any 

13 other venues for United States partnership 

14 dialogue and activity. 

15 SEC. 1232. MILITARY RESPONSE OPTIONS TO RUSSIAN FED16 ERATION VIOLATION OF INF TREATY. 

17 (a) IN GENERAL.—An amount equal to $10,000,000 

18 of the amount authorized to be appropriated or otherwise 

19 made available to the Department of Defense for fiscal year 

20 2017 to provide support services to the Executive Office of 

21 the President shall be withheld from obligation or expendi22 ture until the Secretary of Defense— 

23 (1) submits to the appropriate congressional 

24 committees the plan for the development of military 

25 capabilities as described in paragraph (1) of section 


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1 1243(d) of the National Defense Authorization Act for 

2 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

3 1062); and 

4 (2) carries out the development of capabilities 

5 pursuant to such plan in accordance with the require6 ments described in paragraph (3) of such section. 

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 be 

15 appropriated for fiscal year 2017 for the Department of De16 fense may be used for any bilateral military-to-military co17 operation between the Governments of the United States 

18 and the Russian Federation until the Secretary of Defense, 

19 in coordination with the Secretary of State, certifies to the 

20 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 Atlan25 tic Treaty Organization; and 


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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 subsection 

5 (a) shall not apply to— 

6 (1) any activities necessary to ensure the compli7 ance of the United States with its obligations or the 

8 exercise of rights of the United States under any bi9 lateral 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 the 

18 limitation in subsection (a) if the Secretary of Defense, in 

19 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 


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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.—The 

7 certification requirement specified in paragraph (1) of sub8 section (a) shall not apply to military bases of the Russian 

9 Federation in Ukraine’s Crimean peninsula operating in 

10 accordance with its 1997 agreement on the Status and Con11 ditions of the Black Sea Fleet Stationing on the Territory 

12 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. 


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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 findings: 

7 (1) The Russian Federation, under the leader8 ship of President Vladimir Putin, continues to dem9 onstrate its intent to expand its sphere of influence 

10 and limit Western influence both regionally and glob11 ally. 

12 (2) In March 2016, at a House Armed Services 

13 Committee hearing discussing worldwide threats, 

14 Major General James Marrs, Director for Intelligence 

15 in the Joint Staff stated, ‘‘principally, what we are 

16 seeing in Russia. . .is just a breadth of capabilities 

17 from strategic systems to anti access area denial to 

18 even, I would say, a growing adeptness at operating 

19 sort of just short of traditional military conflict that 

20 is posing a significant challenge in the future’’. 

21 (3) In July 2015, Chairman of the Joint Chiefs 

22 of Staff, General Joseph Dunford, testified to the Sen23 ate Armed Services Committee, that ‘‘Russia presents 

24 the greatest threat to our national security’’. In No25 vember 2015, Secretary of Defense, Ashton Carter, 

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1 ture and contingency plans. . .to deter Russia’s ag2 gression’’. 

3 (4) In February 2016, the Rand Corporation re4 leased its report, ‘‘Reinforcing Deterrence on NATO’s 

5 Eastern Flank’’, concluding that at a maximum it 

6 would take Russian forces approximately 60 hours to 

7 reach the capitals of Estonia and Latvia, exhibiting 

8 the challenge to North Atlantic Treaty Organization 

9 (NATO) member countries of successfully defending 

10 such territory with its current posture and capability. 

11 (5) In February 2016, the Center for Strategic 

12 and International Studies released its report, ‘‘Evalu13 ating U.S. Army Force Posture in Europe’’, calling 

14 for increased pre-positioned sets of United States 

15 military equipment, increased rotational forces and 

16 associated enablers, increased logistics capabilities, 

17 and increased investment in combating unconven18 tional warfare methods in Europe. 

19 (6) In February 2016, the National Commission 

20 on the Future of the Army released its findings and 

21 recommendations, which included Recommendation 

22 14 calling for stationing an Armored Brigade Combat 

23 Team Forward in Europe and Recommendation 15 

24 calling for the conversion of Army Europe Aviation 

25 Headquarters to a warfighting mission command. 


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1 (7) In the National Defense Authorization Act 

2 for Fiscal Year 2015 (Public Law 114–92) and the 

3 National Defense Authorization Act for Fiscal Year 

4 2016 (Public Law 113–291), Congress authorized ap5 proximately $1,800,000,000 for the European Reas6 surance Initiative to reassure allies through expanded 

7 United States military presence in Europe through 

8 rotational deployments of United States troops, bilat9 eral and multilateral exercises, improved infrastruc10 ture, increased pre-positioned United States military 

11 equipment, and building partnership capacity. 

12 (8) The budget of the President for fiscal year 

13 2017 submitted to Congress under section 1105(a) of 

14 title 31, United States Code, includes $3,420,000,000 

15 for the European Reassurance Initiative to begin the 

16 transition from primarily reassuring United States 

17 partners and allies to deterring the Russian Federa18 tion. 

19 (9) The request encompasses a large increase of 

20 conventional resources, including additional rota21 tional deployments of United States troops and pre22 positioning an Armored Brigade Combat Team’s 

23 worth of equipment into Europe. 

24 (10) The request also includes increased funding 

25 for unconventional warfare resources, including cyber 


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1 and special operations forces, as well as for intel2 ligence and indicators and warning. 

3 (b) STATEMENT OF POLICY.— 

4 (1) IN GENERAL.—It is the policy of the United 

5 States to reassure United States partners and allies 

6 in Europe and to work with United States partners 

7 and allies to deter aggression by the Government of 

8 the Russian Federation in order to enhance regional 

9 and global security and stability. 

10 (2) CONDUCT OF POLICY.—The policy described 

11 in paragraph (1) shall, among other things, be car12 ried out through a comprehensive defense strategy and 

13 guidance to outline the future path of defense re14 sources and capabilities in the European theater. 

15 Such strategy and guidance shall include— 

16 (A) use and expansion of conventional 

17 methods, including increased United States pres18 ence, pre-positioning of United States military 

19 equipment, increased infrastructure, and build20 ing partnership capacity in Europe; 

21 (B) emphasis on developing capabilities for 

22 countering unconventional methods of warfare, 

23 including cyber warfare, economic warfare, in24 formation operations, and intelligence oper25 ations; and 


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1 (C) encouraging security assistance and ca2 pabilities of partners and allies, including 

3 NATO member countries. 

4 SEC. 1235. MODIFICATION OF UKRAINE SECURITY ASSIST5 ANCE INITIATIVE. 

6 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Sub7 section (a) of section 1250 of the National Defense Author8 ization Act for Fiscal Year 2016 (Public Law 114–92; 129 

9 Stat. 1068) is amended— 

10 (1) by striking ‘‘Of the amounts’’ and all that 

11 follows through ‘‘the Secretary of Defense’’ and insert12 ing ‘‘The Secretary of Defense’’; and 

13 (2) by inserting ‘‘is authorized’’ before ‘‘to pro14 vide’’. 

15 (b) AVAILABILITY OF FUNDS.—Subsection (c) of such 

16 section is amended— 

17 (1) by striking paragraph (1); 

18 (2) by redesignating paragraphs (2) and (3) as 

19 paragraphs (1) and (2), respectively; 

20 (3) in paragraph (1) (as so redesignated)— 

21 (A) by striking ‘‘paragraph (3)’’ and insert22 ing ‘‘paragraph (2)’’; and 

23 (B) by striking ‘‘pursuant to subsection (a)’’ 

24 and inserting ‘‘to carry out this section for a fis25 cal year’’; and 


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1 (4) in paragraph (2) (as so redesignated)— 

2 (A) by striking ‘‘paragraph (2)’’ and insert3 ing ‘‘paragraph (1)’’; and 

4 (B) by striking ‘‘commencing on the date 

5 that is six months after the date of the enactment 

6 of this Act’’. 

7 SEC. 1236. PROHIBITION ON AVAILABILITY OF FUNDS RE8 LATING TO SOVEREIGNTY OF THE RUSSIAN 

9 FEDERATION OVER CRIMEA. 

10 (a) PROHIBITION.—None of the funds authorized to be 

11 appropriated by this Act or otherwise made available for 

12 fiscal year 2017 for the Department of Defense may be obli13 gated or expended to implement any activity that recognizes 

14 the sovereignty of the Russian Federation over Crimea. 

15 (b) WAIVER.—The Secretary of Defense, with the con16 currence of the Secretary of State, may waive the restriction 

17 on the obligation or expenditure of funds required by sub18 section (a) if the Secretary— 

19 (1) determines that to do so is in the national 

20 security interest of the United States; and 

21 (2) submits to the Committee on Armed Services 

22 and the Committee on Foreign Relations of the Senate 

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1 tives a notification of the waiver at the time the 

2 waiver is invoked. 

3 SEC. 1237. MODIFICATION AND EXTENSION OF REPORT ON 

4 MILITARY ASSISTANCE TO UKRAINE. 

5 (a) FINDINGS.—Congress makes the following findings: 

6 (1) Ukraine’s border is 6,995 kilometers long, in7 cluding 1,974 kilometers of controlled border with the 

8 Russian Federation, 195 kilometers of an administra9 tive line with Crimea, and 409 kilometers of border 

10 in the east that is currently uncontrolled. 

11 (2) Since the beginning of the Russian-Ukrain12 ian conflict in 2014, 64 Ukrainian border guards 

13 have been killed and another 391 have been wounded. 

14 (3) Implementation of the Minsk Agreement, 

15 signed in February 2015, requires the State Border 

16 Guard Service of Ukraine to reestablish border check17 points in currently uncontrolled territory and to 

18 monitor the border to verify full implementation of 

19 the Agreement. 

20 (4) Ukraine is developing engineering and tech21 nical systems to strengthen the controlled border be22 tween Ukraine and the Russian Federation, Ukrain23 ian maritime borders, and areas adjacent to the un24 controlled territory and occupied Crimea. 


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1 (5) Russian unmanned aerial vehicles are being 

2 used to support Russian-backed separatist artillery 

3 fire against Ukrainian forces. 

4 (6) Due to a lack of resources and equipment, 

5 Ukraine lacks an effective early warning network to 

6 warn of any new aggression on the border. 

7 (7) Section 1250 of the National Defense Author8 ization Act for Fiscal Year 2016 (Public Law 114– 

9 92; 129 Stat. 1068) calls for the United States to pro10 vide to Ukraine critical training and equipment to 

11 enhance the capabilities of the military and other se12 curity forces of Ukraine to defend against further ag13 gression from the Russian Federation and Russian14 backed separatists. 

15 (b) SENSE OF CONGRESS.—It is the sense of Congress 

16 that— 

17 (1) the United States should continue to support 

18 the Government of Ukraine’s efforts to provide and 

19 maintain security in Ukraine; 

20 (2) the State Border Guard Service of Ukraine 

21 needs sufficient equipment and technical assistance to 

22 defend and monitor Ukraine’s borders and to fully 

23 implement the Minsk Agreement; and 

24 (3) the Department of Defense should continue 

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1 tional Guard, and Ukrainian State Border Guard 

2 Service to strengthen Ukraine’s defenses and defend 

3 its borders against aggressive actions. 

4 (c) MODIFICATION AND EXTENSION OF REPORT ON

5 MILITARY ASSISTANCE TO UKRAINE.— 

6 (1) CONGRESSIONAL COMMITTEES.—Subsection 

7 (b) of section 1275 of the Carl Levin and Howard P. 

8 ‘‘Buck’’ McKeon National Defense Authorization Act 

9 for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 

10 3591) is amended by inserting ‘‘and the Committee 

11 on Foreign Relations of the Senate and the Committee 

12 on Foreign Affairs of the House of Representatives’’ 

13 after ‘‘congressional defense committees’’. 

14 (2) ELEMENTS.—Subsection (c) of such section is 

15 amended by adding at the end the following: 

16 ‘‘(8) A description of the extent to which the De17 partment of Defense has provided security assistance 

18 to the Government of Ukraine for the purposes of pro19 tecting and monitoring the borders of Ukraine.’’. 

20 (3) EXTENSION.—Subsection (e) of such section, 

21 as amended by section 1250(g) of the National De22 fense Authorization Act for Fiscal Year 2016 (Public 

23 Law 114–92; 129 Stat. 1070), is further amended by 

24 striking ‘‘December 31, 2017’’ and inserting ‘‘Decem25 ber 31, 2019’’. 


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1 SEC. 1238. ADDITIONAL MATTERS IN ANNUAL REPORT ON 

2 MILITARY AND SECURITY DEVELOPMENTS IN3 VOLVING THE RUSSIAN FEDERATION. 

4 (a) ADDITIONAL MATTERS.—Subsection (b) of section 

5 1245 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

6 National Defense Authorization Act for Fiscal Year 2015 

7 (Public Law 113–291; 128 Stat. 3566), as amended by sec8 tion 1248(a) of the National Defense Authorization Act for 

9 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1066), is 

10 further amended— 

11 (1) by redesignating paragraph (18) as para12 graph (19); and 

13 (2) by inserting after paragraph (17) the fol14 lowing: 

15 ‘‘(18) The current state of Russia’s foreign mili16 tary deployments, which shall include the following: 

17 ‘‘(A) For each such deployment, the esti18 mated number of forces, types of capabilities to 

19 include advanced weapons, length of deployment, 

20 and where possible identifying basing agree21 ments. 

22 ‘‘(B) The following information with respect 

23 to such deployments to be disaggregated on a 

24 country-by-country basis: 

25 ‘‘(i) The number of Russian military 

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1 tary trainers, combat enabling capabilities 

2 and border security agents, deployed to the 

3 country with the consent of the national or 

4 local government. Such information should 

5 include the length of the basing arrange6 ments and the strategic importance of the 

7 location. 

8 ‘‘(ii) The number of such Russian 

9 military personnel deployed in areas where 

10 Russian forces entered the country by force 

11 or are otherwise deployed over the objections 

12 of the national or local government.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by sub14 section (a) shall take effect on the date of the enactment 

15 of this Act, and shall apply with respect to reports sub16 mitted under section 1245 of the Carl Levin and Howard 

17 P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

18 Fiscal Year 2015 after that date. 

19 Subtitle E—Other Matters 

20 SEC. 1241. SENSE OF CONGRESS ON MALIGN ACTIVITIES OF 

21 THE GOVERNMENT OF IRAN. 

22 (a) FINDINGS.—Congress finds that the Government of 

23 Iran continues to conduct provocative, malign activities in 

24 the region, including— 


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1 (1) the launch of the Shahab-3 medium-range 

2 ballistic missile and Qiam-1 short-range ballistic mis3 siles; 

4 (2) the intent to launch the Simorgh Space5 Launch Vehicle (SLV) as stated by Lieutenant Gen6 eral Vincent Stewart in testimony to the House 

7 Armed Services Committee: ‘‘Iran stated publicly it 

8 intends to launch the Simorgh (SLV), which would be 

9 capable of intercontinental ballistic missile (ICBM) 

10 range.’’; 

11 (3) the detention of United States service mem12 bers, which the Secretary of Defense, Ashton Carter, 

13 described in testimony to the House Armed Services 

14 Committee as ‘‘unprofessional’’ and ‘‘outrageous’’; 

15 (4) the support of foreign terrorist organizations 

16 designated by the Department of State, such as Leba17 nese Hezbollah and Kata’ib Hizbollah; 

18 (5) the support of the Assad regime in Syria; 

19 (6) the support of Shia militias in Iraq that 

20 have been directly responsible for the deaths of United 

21 States service members; and 

22 (7) the support of the Houthi rebels in Yemen in 

23 contravention to the internationally-recognized, legiti24 mate Government of Yemen. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that— 

3 (1) the Joint Comprehensive Plan of Action 

4 (JCPOA) does not address the totality of the malign 

5 activities of the Government of Iran, including bal6 listic missile launches, support for designated foreign 

7 terrorist organizations, or other proxies conducting 

8 malign activities in the region and globally; 

9 (2) the United States should increase its efforts 

10 to counter the continued expansion of malign activi11 ties of the Government of Iran in the Middle East; 

12 (3) the United States should ensure that it has 

13 robust, enduring military posture and capabilities 

14 forward deployed in the Arabian Gulf region to deter 

15 Iranian aggression and respond to Iranian aggres16 sion, if necessary; and 

17 (4) the United States should strengthen ballistic 

18 missile defense capabilities and increase security as19 sistance to United States partners and allies in the 

20 region. 

21 SEC. 1242. MODIFICATION OF ANNUAL REPORT ON MILI22 TARY AND SECURITY DEVELOPMENTS IN23 VOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

24 (a) ANNUAL REPORT.—Subsection (a) of section 1202 

25 of the National Defense Authorization Act for Fiscal Year 


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1 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 

2 note) is amended by striking ‘‘March 1 each year’’ and in3 serting ‘‘January 31 of each year through January 31, 

4 2021’’. 

5 (b) MATTERS TO BE INCLUDED.—Subsection (b) of 

6 such section, as most recently amended by section 1252(a) 

7 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

8 Defense Authorization Act for Fiscal Year 2015 (Public 

9 Law 113–291; 128 Stat. 3571), is further amended by add10 ing at the end the following: 

11 ‘‘(21) A summary of the order of battle of the 

12 People’s Liberation Army, including anti-ship bal13 listic missiles, theater ballistic missiles, and land at14 tack cruise missile inventory.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section take effect on the date of the enactment of this Act 

17 and apply with respect to reports required to be submitted 

18 under subsection (a) of section 1202 of the National Defense 

19 Authorization Act for Fiscal Year 2000 on or after that 

20 date. 

21 SEC. 1243. SENSE OF CONGRESS ON TRILATERAL COOPERA22 TION BETWEEN JAPAN, SOUTH KOREA, AND 

23 THE UNITED STATES. 

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


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1 (1) Japan and the Republic of Korea (South 

2 Korea) are both treaty allies and critically important 

3 security partners of the United States. 

4 (2) Japan and South Korea confront a range of 

5 shared challenges to their national security and to 

6 stability in the Asia-Pacific region, including the 

7 multitude of threats posed by the Democratic People’s 

8 Republic of Korea (North Korea). 

9 (b) SENSE OF CONGRESS.—It is the sense of Congress 

10 that— 

11 (1) the United States should continue to support 

12 trilateral cooperation with Japan and South Korea; 

13 (2) the United States should continue to support 

14 defense cooperation between Japan and South Korea 

15 on the full range of issues related to North Korea and 

16 to other security challenges in the Asia-Pacific region; 

17 and 

18 (3) the United States should seek to facilitate 

19 closer security cooperation with and between Japan 

20 and South Korea on— 

21 (A) non-proliferation; 

22 (B) cyber security; 

23 (C) maritime security; 

24 (D) security technology and capability de25 velopment; and 


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1 (E) other areas of mutual security benefit. 

2 SEC. 1244. SENSE OF CONGRESS ON COOPERATION BE3 TWEEN SINGAPORE AND THE UNITED 

4 STATES. 

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

6 (1) 2016 is the 50th year of relations between the 

7 United States and the Republic of Singapore. 

8 (2) The United States and Singapore signed an 

9 enhanced defense cooperation agreement on December 

10 7, 2015. 

11 (b) SENSE OF CONGRESS.—It is the sense of Congress 

12 that— 

13 (1) the United States should continue to conduct 

14 bilateral cooperation and support the strategic part15 nership with Singapore to promote peace and sta16 bility in the Asia-Pacific region; 

17 (2) the United States welcomes the signing of the 

18 enhanced Defense Cooperation Agreement with Singa19 pore and should expand bilateral training and co20 operation on security issues, including maritime secu21 rity, cyber security, countering violent extremism, hu22 manitarian assistance, and disaster relief; 

23 (3) the United States should continue efforts 

24 with Singapore to address transnational issues and 

25 strengthen regional and multilateral institutions that 


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1 promote security cooperation based on internationally 

2 accepted rules and norms; and 

3 (4) the United States should improve joint inter4 operability and security collaboration with Singapore 

5 to enhance capabilities to maintain regional stability. 

6 SEC. 1245. MONITORING AND EVALUATION OF OVERSEAS 

7 HUMANITARIAN, DISASTER, AND CIVIC AID 

8 PROGRAMS OF THE DEPARTMENT OF DE9 FENSE. 

10 (a) IN GENERAL.—Of the amounts authorized to be 

11 appropriated by this Act for Overseas Humanitarian, Dis12 aster, and Civic Aid, the Secretary of Defense is authorized 

13 to use up to 5 percent of such amounts to conduct moni14 toring and evaluation of programs that are funded using 

15 such amounts during fiscal year 2017. 

16 (b) BRIEFING.—Not later than 90 days after the date 

17 of the enactment of this Act, the Secretary of Defense shall 

18 provide to the appropriate congressional committees a brief19 ing on mechanisms to evaluate the programs conducted pur20 suant to the authorities listed in subsection (a). 

21 (c) DEFINITION.—In subsection (b), the term ‘‘appro22 priate congressional committees’’ means— 

23 (1) the Committee on Armed Services and the 

24 Committee on Foreign Relations of the Senate; and 


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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 exchange 

11 of covered support, supplies, and services, to the other Sec12 retary during a contingency operation and related transi13 tion period for up to two years following the end of such 

14 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 by 

20 providing the covered support, supplies, or services to 

21 the requesting agency under this section. 

22 (2) Credits and liabilities of the agencies accrued 

23 as a result of acquisitions and transfers of covered 

24 support, supplies, and services under this section shall 

25 be liquidated not less often than once every 3 months 


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1 by direct payment to the agency supplying such sup2 port, supplies, or services by the agency receiving such 

3 support, supplies, or services. 

4 (3) Exchange entitlements accrued as a result of 

5 acquisitions and transfers of covered support, sup6 plies, and services under this section shall be satisfied 

7 within 12 months after the date of the delivery of the 

8 covered support, supplies, or services. Exchange enti9 tlements not so satisfied shall be immediately liq10 uidated by direct payment to the agency supplying 

11 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 serv24 ices’’ means food, billeting, transportation (including 

25 airlift), petroleum, oils, lubricants, communications 


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1 services, medical services, ammunition, base oper2 ations support, use of facilities, spare parts and com3 ponents, repair and maintenance services, and cali4 bration services. 

5 (2) CONTINGENCY OPERATION.—The term ‘‘con6 tingency operation’’ has the meaning given that term 

7 in section 101(a)(13) of title 10, United States Code. 

8 (e) CREDITING OF RECEIPTS.—Any receipt as a result 

9 of an agreement entered into under this section shall be 

10 credited, at the option of the Secretary of Defense with re11 spect to the Department of Defense and the Secretary of 

12 State with respect to the Department of State, to— 

13 (1) the appropriation, fund, or account used in 

14 incurring the obligation; or 

15 (2) an appropriate appropriation, fund, or ac16 count currently available for the purposes for which 

17 the expenditures were made. 

18 (f) NOTIFICATION.—Not later than 30 days after the 

19 end of a fiscal year in which covered support, supplies, and 

20 services are provided or exchanged pursuant to an agree21 ment under this section, the Secretary of Defense and the 

22 Secretary of State shall jointly submit to the congressional 

23 defense committees, the Committee on Foreign Relations of 

24 the Senate, and the Committee on Foreign Affairs of the 

25 House of Representatives a notification that contains a 


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1 copy of such agreement and a description of such covered 

2 support, supplies, and services. 

3 (g) SUNSET.—The authority to enter into an agree4 ment under this section shall terminate at the close of De5 cember 31, 2018. 

6 SEC. 1247. TWO-YEAR EXTENSION AND MODIFICATION OF 

7 AUTHORIZATION OF NON-CONVENTIONAL AS8 SISTED RECOVERY CAPABILITIES. 

9 (a) EXTENSION OF AUTHORITY.—Subsection (h) of sec10 tion 943 of the Duncan Hunter National Defense Author11 ization Act for Fiscal Year 2009 (Public Law 110–417; 122 

12 Stat. 4579), as most recently amended by section 1271 of 

13 the National Defense Authorization Act for Fiscal Year 

14 2016 (Public Law 114–92; 129 Stat. 1075), is further 

15 amended by striking ‘‘2018’’ and inserting ‘‘2020’’. 

16 (b) MODIFICATION TO AUTHORIZED ACTIVITIES.— 

17 Subsection (c) of such section is amended by inserting ‘‘, 

18 or other individuals, as determined by the Secretary of De19 fense, with respect to already established non-conventional 

20 assisted recovery capabilities’’ before the period at the end 

21 of the first sentence. 


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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), the 

7 Secretary of Defense may destroy the chemical muni8 tions 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 sec12 tion 321 of the Strom Thurmond National Defense 

13 Authorization Act for Fiscal Year 1999 (Public Law 

14 105–261; 10 U.S.C. 2701 note). 

15 (3) CONSULTATION BETWEEN SECRETARY OF DE16 FENSE AND SECRETARY OF STATE.—The Secretary of 

17 Defense and the Secretary of State shall consult and 

18 develop any arrangements with the Republic of Pan19 ama with respect to this section. 

20 (b) CONDITIONS.—The Secretary of Defense may exer21 cise the authority under subsection (a) only if the Republic 

22 of Panama has— 

23 (1) revised the declaration of the Republic of 

24 Panama under the Convention on the Prohibition of 

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1 cate that the chemical munitions described in sub2 section (c) are ‘‘old chemical weapons’’ rather than 

3 ‘‘abandoned chemical weapons’’; and 

4 (2) affirmed, in writing, that it understands (A) 

5 that the United States intends only to destroy the mu6 nitions described in subsections (c) and (d), and (B) 

7 that the United States is not legally obligated and 

8 does not intend to destroy any other munitions, mu9 nitions constituents, and associated debris that may 

10 be located on San Jose Island as a result of research, 

11 development, and testing activities conducted on San 

12 Jose Island during the period of 1943 through 1947. 

13 (c) CHEMICAL MUNITIONS.—The chemical munitions 

14 described in this subsection are the eight United States-ori15 gin chemical munitions located on San Jose Island, Repub16 lic of Panama, that were identified in the 2002 Final In17 spection Report of the Technical Secretariat of the Organi18 zation for the Prohibition of Chemical Weapons. 

19 (d) LIMITED INCIDENTAL AUTHORITY TO DESTROY

20 OTHER MUNITIONS.—In exercising the authority under 

21 subsection (a), the Secretary of Defense may destroy other 

22 munitions located on San Jose Island, Republic of Panama, 

23 but only to the extent essential and required to reach and 

24 destroy the chemical munitions described in subsection (c). 


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1 (e) SOURCE OF FUNDS.—Of the amounts authorized 

2 to be appropriated by this Act, the Secretary of Defense may 

3 use up to $30,000,000 from amounts made available for 

4 Chemical Agents and Munitions Destruction, Defense to 

5 carry out the authority in subsection (a). 

6 (f) SUNSET.—The authority under subsection (a) shall 

7 terminate on the date that is three years after the date of 

8 the enactment of this Act. 

9 SEC. 1249. STRATEGY FOR UNITED STATES DEFENSE INTER10 ESTS IN AFRICA. 

11 (a) REQUIRED REPORT.—Not later than one year 

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

13 of Defense shall submit to the congressional defense commit14 tees a report that contains the strategy for United States 

15 defense interests in Africa. 

16 (b) MATTERS TO BE INCLUDED.—The report required 

17 by subsection (a) shall address the following: 

18 (1) United States national security interests in 

19 Africa, including an assessment of threats to global 

20 and regional United States national security interests 

21 emanating from the continent. 

22 (2) United States defense objectives in Africa. 

23 (3) Courses of action to accomplish United 

24 States defense objectives in Africa, including those 

25 conducted in cooperation with other Federal agencies. 


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1 (4) Measures to improve coordination between 

2 United States Africa Command and other combatant 

3 commands to achieve unity of effort to counter threats 

4 that cross combatant command boundaries. 

5 (5) Department of Defense capabilities and re6 sources required to achieve defense objectives in Afri7 ca, and the mitigation plan to address any gaps in 

8 such capabilities or resources that affect the imple9 mentation of the strategy required by subsection (a). 

10 (6) Security cooperation initiatives to advance 

11 defense objectives in Africa. 

12 (7) Any other matters the Secretary of Defense 

13 determines to be appropriate. 

14 (c) FORM.—The report required by subsection (a) shall 

15 be submitted in unclassified form, but may contain a classi16 fied annex if necessary. 

17 SEC. 1250. UNITED STATES-ISRAEL DIRECTED ENERGY CO18 OPERATION. 

19 (a) AUTHORITY TO ESTABLISH DIRECTED ENERGY

20 CAPABILITIES PROGRAM WITH ISRAEL.— 

21 (1) IN GENERAL.—The Secretary of Defense, 

22 upon the request of the Ministry of Defense of Israel, 

23 and with the concurrence of the Secretary of State, 

24 may carry out research, development, test, and eval25 uation activities, on a joint basis with Israel, to esVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 tablish directed energy capabilities to detect and de2 feat ballistic missiles, cruise missiles, unmanned aer3 ial vehicles, mortars, and improvised explosive devices 

4 that threaten the United States, deployed forces of the 

5 United States, or Israel. Any activities carried out 

6 pursuant to such authority shall be conducted in a 

7 manner that appropriately protects sensitive informa8 tion and the national security interests of the United 

9 States and Israel. 

10 (2) REPORT.—The activities described in para11 graph (1) may be carried out after the Secretary of 

12 Defense submits to the appropriate committees of 

13 Congress a report setting forth the following: 

14 (A) A memorandum of agreement between 

15 the United States and Israel regarding sharing 

16 of research and development costs for the capa17 bilities described in paragraph (1), and any sup18 porting documents. 

19 (B) A certification that the memorandum of 

20 agreement— 

21 (i) requires sharing of costs of projects, 

22 including in-kind support, between the 

23 United States and Israel; 

24 (ii) establishes a framework to nego25 tiate the rights to any intellectual property 


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1 developed under the memorandum of agree2 ment; and 

3 (iii) requires the United States Gov4 ernment to receive semiannual reports on 

5 expenditure of funds, if any, by the Govern6 ment of Israel, including a description of 

7 what the funds have been used for, when 

8 funds were expended, and an identification 

9 of entities that expended the funds. 

10 (3) ANNUAL LIMITATION ON AMOUNT.—The 

11 amount of support provided under this subsection in 

12 any year may not exceed $25,000,000. 

13 (b) LEAD AGENCY.—The Secretary of Defense shall 

14 designate the Missile Defense Agency as the appropriate re15 search and development entity and as the lead agency of 

16 the Department of Defense in carrying out this section. 

17 (c) SEMIANNUAL REPORTS.—The Secretary of Defense 

18 shall submit to the appropriate committees of Congress on 

19 a semiannual basis a report that contains a copy of the 

20 most recent semiannual report provided by the Government 

21 of Israel to the Department of Defense pursuant to sub22 section (a)(2)(B)(iii). 

23 (d) SUNSET.—The authority in this section to carry 

24 out activities described in subsection (a) shall expire on De25 cember 31, 2018. 


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1 (e) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees 

3 of Congress’’ means— 

4 (1) the Committee on Armed Services, the Com5 mittee on Foreign Relations, the Committee on Home6 land Security and Governmental Affairs, the Com7 mittee on Appropriations, and the Select Committee 

8 on Intelligence of the Senate; and 

9 (2) the Committee on Armed Services, the Com10 mittee on Foreign Affairs, the Committee on Home11 land Security, the Committee on Appropriations, and 

12 the Permanent Select Committee on Intelligence of the 

13 House of Representatives. 

14 SEC. 1251. SENSE OF CONGRESS ON SUPPORT FOR ESTO15 NIA, LATVIA, AND LITHUANIA. 

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

17 (1) The Baltic States of Estonia, Latvia, and 

18 Lithuania are highly valued allies of the United 

19 States, and they have repeatedly demonstrated their 

20 commitment to advancing our mutual interests as 

21 well as those of the NATO Alliance. 

22 (2) Operation Atlantic Resolve is a series of exer23 cises and coordinating efforts demonstrating the 

24 United States’ commitment to its European partners 

25 and allies, including the Baltic States of Estonia, 


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1 Latvia, and Lithuania, with the shared goal of peace 

2 and stability in the region. Operation Atlantic Re3 solve strengthens communication and understanding, 

4 and is an important effort to deter Russian aggres5 sion in the region. 

6 (3) Through Operation Atlantic Resolve, the Eu7 ropean Reassurance Initiative undertakes exercises, 

8 training, and rotational presence necessary to reas9 sure and integrate our allies, including the Baltic 

10 States, into a common defense framework. 

11 (4) All three Baltic States contributed to the 

12 NATO-led International Security Assistance Force in 

13 Afghanistan, sending disproportionate numbers of 

14 troops and operating with few caveats. The Baltic 

15 States continue to engage in Operation Resolute Sup16 port in Afghanistan. 

17 (b) SENSE OF CONGRESS.—Congress— 

18 (1) reaffirms its support for the principle of col19 lective defense in Article 5 of the North Atlantic Trea20 ty for our NATO allies, including Estonia, Latvia, 

21 and Lithuania; 

22 (2) supports the sovereignty, independence, terri23 torial integrity, and inviolability of Estonia, Latvia, 

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1 ingly aggressive military maneuvering by the Russian 

2 Federation near their borders and airspace; 

3 (3) expresses concern over and condemns subver4 sive and destabilizing activities by the Russian Fed5 eration within the Baltic States; and 

6 (4) encourages the Administration to further en7 hance defense cooperation efforts with Estonia, Lat8 via, and Lithuania and supports the efforts of their 

9 Governments to provide for the defense of their people 

10 and sovereign territory. 

11 SEC. 1252. SENSE OF CONGRESS ON SUPPORT FOR GEOR12 GIA. 

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

14 (1) Georgia is a valued friend of the United 

15 States and has repeatedly demonstrated its commit16 ment to advancing the mutual interests of both coun17 tries, including the deployment of Georgian forces as 

18 part of the NATO-led International Security Assist19 ance Force (ISAF) in Afghanistan and the Multi-Na20 tional Force in Iraq. 

21 (2) The European Reassurance Initiative builds 

22 the partnership capacity of Georgia so it can work 

23 more closely with the United States and NATO, as 

24 well as provide for its own defense. 


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1 (3) In addition to the European Reassurance 

2 Initiative, Georgia’s participation in the NATO ini3 tiative Partnership for Peace is paramount to inter4 operability with the United States and NATO, and 

5 establishing a more peaceful environment in the re6 gion. 

7 (4) Despite the losses suffered, as a NATO part8 ner of ISAF, Georgia is engaged in the Resolute Sup9 port Mission in Afghanistan with the second largest 

10 contingent on the ground. 

11 (b) SENSE OF CONGRESS.—Congress— 

12 (1) reaffirms United States support for Georgia’s 

13 sovereignty and territorial integrity within its inter14 nationally-recognized borders, and does not recognize 

15 the independence of the Abkhazia and South Ossetia 

16 regions currently occupied by the Russian Federation; 

17 and 

18 (2) supports continued cooperation between the 

19 United States and Georgia and the efforts of the Gov20 ernment of Georgia to provide for the defense of its 

21 people and sovereign territory. 


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1 SEC. 1253. MODIFICATION OF ANNUAL REPORT ON MILI2 TARY POWER OF IRAN. 

3 (a) IN GENERAL.—Subsection (b)(3) of section 1245 

4 of the National Defense Authorization Act for Fiscal Year 

5 2010 (Public Law 111–84; 123 Stat. 2542) is amended— 

6 (1) by redesignating subparagraphs (E) through 

7 (G) as subparagraphs (G) through (I), respectively; 

8 and 

9 (2) by inserting after subparagraph (D) the fol10 lowing: 

11 ‘‘(E) an estimate of Iran’s military cyber 

12 capabilities, including persons and entities oper13 ating on behalf of Iran, and any information on 

14 those persons or entities responsible for targeting 

15 United States critical infrastructure or United 

16 States persons or entities; 

17 ‘‘(F) information on Iranian military and 

18 security organizations responsible for detaining 

19 members of the United States Armed Forces or 

20 interfering in United States military oper21 ations;’’. 

22 (b) EFFECTIVE DATE.—The amendments made by sub23 section (a) take effect on the date of the enactment of this 

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1 ization Act for Fiscal Year 2010 on or after such date of 

2 enactment. 

3 SEC. 1254. SENSE OF CONGRESS ON SENIOR MILITARY EX4 CHANGES BETWEEN THE UNITED STATES 

5 AND TAIWAN. 

6 (a) IN GENERAL.—It is the sense of Congress that the 

7 Secretary of Defense should conduct a program of senior 

8 military exchanges between the United States and Taiwan 

9 that have the objective of improving military-to-military re10 lations and defense cooperation between the United States 

11 and Taiwan. 

12 (b) ADMINISTRATION OF PROGRAM.—It is the sense of 

13 Congress that the program described in subsection (a)— 

14 (1) should be conducted at least once each cal15 endar year; and 

16 (2) should be conducted in both the United States 

17 and Taiwan. 

18 (c) DEFINITIONS.—In this section: 

19 (1) SENIOR MILITARY EXCHANGE.—The term 

20 ‘‘senior military exchange’’ means an activity, exer21 cise, professional education event, or observation op22 portunity in which senior military officers and senior 

23 defense officials participate. 


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1 (2) SENIOR MILITARY OFFICER.—The term ‘‘sen2 ior military officer’’ means a general or flag officer 

3 on active duty in the armed forces. 

4 (3) SENIOR DEFENSE OFFICIAL.—The term ‘‘sen5 ior defense official’’, with respect to the Department 

6 of Defense, means a civilian official at the level of As7 sistant Secretary of Defense or above. 

8 SEC. 1255. QUARTERLY REPORT ON FREEDOM OF NAVIGA9 TION OPERATIONS. 

10 (a) IN GENERAL.—Chapter 3 of title 10, United States 

11 Code, is amended by adding at the end the following new 

12 section: 

13 ‘‘§ 130i. Quarterly report on freedom of navigation op14 erations 

15 ‘‘(a) REPORT REQUIRED.—Not later than 30 days 

16 after the end of each fiscal quarter, the Secretary of Defense 

17 shall submit to the congressional defense committees a re18 port on any excessive territorial claims of foreign countries 

19 that were challenged by freedom of navigation operations 

20 and flights carried out by the armed forces during such fis21 cal quarter. 

22 ‘‘(b) ELEMENTS.—The report under subsection (a) 

23 shall include, with respect to each operation described in 

24 such subsection, the following: 

25 ‘‘(1) The date of the operation. 


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1 ‘‘(2) The class of ship or type of aircraft that 

2 conducted the operation. 

3 ‘‘(3) The geographic location of the operation. 

4 ‘‘(4) Identification of the foreign country that 

5 made the excessive territorial claim challenged by the 

6 operation. 

7 ‘‘(5) A description of the excessive territorial 

8 claim that was challenged by the operation. 

9 ‘‘(c) SUNSET.—This section shall terminate on Sep10 tember 30, 2018.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by inserting after 

13 the item relating to section 130h the following new item: 

‘‘130i. Quarterly report on freedom of navigation operations.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by sub15 sections (a) and (b) shall take effect on the date of the enact16 ment of this Act and shall apply with respect to fiscal quar17 ters beginning after such date. 


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1 Subtitle F—Codification and Con2 solidation of Department of De3 fense Security Cooperation Au4 thorities 

5 SEC. 1261. ENACTMENT OF NEW CHAPTER FOR DEPART6 MENT OF DEFENSE SECURITY COOPERATION 

7 AUTHORITIES AND TRANSFER OF CERTAIN 

8 AUTHORITIES TO NEW CHAPTER. 

9 (a) STATUTORY CODIFICATION.—Chapter 11 of part I 

10 of subtitle A of title 10, United States Code, is amended 

11 to read as follows: 

12 ‘‘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

‘‘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. 


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‘‘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 committees. 

8 ‘‘(B) The Committee on Foreign Relations 

9 of the Senate and the Committee on Foreign Af10 fairs of the House of Representatives. 

11 ‘‘(2) The term ‘small-scale construction’ means, 

12 with respect to a project, construction at a total cost 

13 not to exceed $750,000 for the project. 


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1 ‘‘Subchapter II—Military-to-Military 

2 Engagements 

3 ‘‘Subchapter III—Training With Foreign 

4 Forces 

5 ‘‘Subchapter IV—Support for Operations and 

6 Capacity Building 

7 ‘‘Subchapter V—Educational and Training 

8 Activities 

9 ‘‘Subchapter VI—Limitations on Use of 

10 Department of Defense Funds’’. 

11 (b) CODIFICATION OF SECTION 1207 OF FY 2010 

12 NDAA.— 

13 (1) CODIFICATION.—Chapter 11 of title 10, 

14 United States Code, as amended by subsection (a), is 

15 further amended by inserting after the heading of sub16 chapter II a new section 256 consisting of— 

17 (A) a heading as follows: 

18 ‘‘§ 256. Authority for non-reciprocal exchanges of de19 fense personnel between the United States 

20 and foreign countries’’; and 

21 (B) a text consisting of the text of section 

22 1207 of the National Defense Authorization Act 

23 for Fiscal Year 2010 (Public Law 111–84; 10 

24 U.S.C. 168 note). 


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1 (2) REPEAL OF REPORTING REQUIREMENT.— 

2 Section 256 of title 10, United States Code, as added 

3 by paragraph (1), is amended— 

4 (A) by striking subsection (e); and 

5 (B) by redesignating subsection (f) as sub6 section (e). 

7 (3) CONFORMING REPEAL.—Section 1207 of the 

8 National Defense Authorization Act for Fiscal Year 

9 2010 (Public Law 111–84; 10 U.S.C. 168 note) is re10 pealed. 

11 (c) TRANSFER OF SECTION 1051b.—Section 1051b of 

12 title 10, United States Code, is transferred to chapter 11 

13 of such title, as amended by subsection (a), inserted after 

14 section 256, as inserted by subsection (b), and redesignated 

15 as section 257. 

16 (d) TRANSFER OF SECTION 2010.—Section 2010 of 

17 title 10, United States Code, is transferred to chapter 11 

18 of such title, as amended by subsection (a), inserted after 

19 the heading of subchapter III, and redesignated as section 

20 263. 

21 (e) TRANSFER OF SECTION 127d.—Section 127d of 

22 title 10, United States Code, is transferred to chapter 11 

23 of such title, as amended by subsection (a), inserted after 

24 the heading of subchapter IV, and redesignated as section 

25 271. 


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1 (f) TRANSFER OF SECTION 2282.—Section 2282 of 

2 title 10, United States Code, is transferred to chapter 11 

3 of such title, as amended by subsection (a), inserted after 

4 section 271, as transferred and redesignated by subsection 

5 (e), and redesignated as section 272. 

6 (g) CODIFICATION OF SECTION 1081 OF FY 2012 

7 NDAA.— 

8 (1) CODIFICATION.—Chapter 11 of title 10, 

9 United States Code, as amended by subsection (a), is 

10 amended by inserting after section 272, as transferred 

11 and redesignated by subsection (f), a new section 273 

12 consisting of— 

13 (A) a heading as follows: 

14 ‘‘§ 273. Friendly foreign countries; international and 

15 regional organizations: defense institu16 tion capacity building’’; and 

17 (B) a text consisting of the text of sub18 sections (a) through (d) of section 1081 of the 

19 National Defense Authorization Act for Fiscal 

20 Year 2012 (Public Law 112–81; 10 U.S.C. 168 

21 note). 

22 (2) EXTENSION OF AUTHORITY.—Subsection 

23 (c)(1) of section 273 of title 10, United States Code, 

24 as added by paragraph (1), is amended by striking 


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1 ‘‘at the close of December 31, 2017’’ and inserting ‘‘on 

2 December 31, 2019’’. 

3 (3) CONFORMING REPEAL.—Section 1081 of the 

4 National Defense Authorization Act for Fiscal Year 

5 2012 (Public Law 112–81; 10 U.S.C. 168 note) is re6 pealed. 

7 (h) TRANSFER OF SECTION 184 AND CODIFICATION OF

8 RELATED PROVISIONS.— 

9 (1) TRANSFER.—Section 184 of title 10, United 

10 States Code, is transferred to chapter 11 of title 10, 

11 United States Code, as amended by subsection (a), in12 serted after the heading of subchapter V, and redesig13 nated as section 281. 

14 (2) CODIFICATION OF REIMBURSEMENT-RELATED

15 PROVISIONS.—Subsection (f)(3) of section 281 of title 

16 10, United States Code, as transferred and redesig17 nated by paragraph (1), is amended— 

18 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

19 (B) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(B)(i) In fiscal years 2017 through 2019, the Sec22 retary of Defense may, with the concurrence of the Secretary 

23 of State, waive reimbursement otherwise required under this 

24 subsection of the costs of activities of Regional Centers 

25 under this section for personnel of nongovernmental and 


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1 international organizations who participate in activities of 

2 the Regional Centers that enhance cooperation of non3 governmental organizations and international organiza4 tions with United States forces if the Secretary of Defense 

5 determines that attendance of such personnel without reim6 bursement is in the national security interests of the United 

7 States. 

8 ‘‘(ii) The amount of reimbursement that may be 

9 waived under clause (i) in any fiscal year may not exceed 

10 $1,000,000.’’. 

11 (3) CODIFICATION OF PROVISIONS RELATING TO

12 SPECIFIC CENTERS.—Section 281 of title 10, United 

13 States Code, as transferred and redesignated by para14 graph (1), is amended by adding at the end the fol15 lowing new subsections: 

16 ‘‘(h) AUTHORITIES SPECIFIC TO MARSHALL CEN17 TER.—(1) The Secretary of Defense may authorize partici18 pation by a European or Eurasian country in programs 

19 of the George C. Marshall European Center for Security 

20 Studies (in this subsection referred to as the ‘Marshall Cen21 ter’) if the Secretary determines, after consultation with the 

22 Secretary of State, that such participation is in the na23 tional interest of the United States. 

24 ‘‘(2)(A) In the case of any person invited to serve with25 out compensation on the Marshall Center Board of Visitors, 


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1 the Secretary of Defense may waive any requirement for 

2 financial disclosure that would otherwise apply to that per3 son solely by reason of service on such Board. 

4 ‘‘(B) A member of the Marshall Center Board of Visi5 tors may not be required to register as an agent of a foreign 

6 government solely by reason of service as a member of the 

7 Board. 

8 ‘‘(C) Notwithstanding section 219 of title 18, a non9 United States citizen may serve on the Marshall Center 

10 Board of Visitors even though registered as a foreign agent. 

11 ‘‘(3)(A) The Secretary of Defense may waive reim12 bursement of the costs of conferences, seminars, courses of 

13 instruction, or similar educational activities of the Mar14 shall Center for military officers and civilian officials from 

15 states located in Europe or the territory of the former Soviet 

16 Union if the Secretary determines that attendance by such 

17 personnel without reimbursement is in the national security 

18 interest of the United States. 

19 ‘‘(B) Costs for which reimbursement is waived pursu20 ant to subparagraph (A) shall be paid from appropriations 

21 available for the Center. 

22 ‘‘(i) AUTHORITIES SPECIFIC TO INOUYE CENTER.—(1) 

23 The Secretary of Defense may waive reimbursement of the 

24 cost of conferences, seminars, courses of instruction, or simi25 lar educational activities of the Daniel K. Inouye Asia-PaVerDate Sep 11 2014 19:12 May 04, 2016 Jkt 059200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 cific Center for Security Studies for military officers and 

2 civilian officials of foreign countries if the Secretary deter3 mines that attendance by such personnel, without reim4 bursement, is in the national security interest of the United 

5 States. 

6 ‘‘(2) Costs for which reimbursement is waived pursu7 ant to paragraph (1) shall be paid from appropriations 

8 available for the Center.’’. 

9 (4) CONFORMING REPEALS.—The following pro10 visions of law are repealed: 

11 (A) Section 941(b) of the Duncan Hunter 

12 National Defense Authorization Act for Fiscal 

13 Year 2009 (Public Law 110–417; 10 U.S.C. 184 

14 note). 

15 (B) Section 1065 of the National Defense 

16 Authorization Act for Fiscal Year 1997 (Public 

17 Law 104–201; 10 U.S.C. 113 note). 

18 (C) Section 1306 of the National Defense 

19 Authorization Act for Fiscal Year 1995 (Public 

20 Law 103–337; 10 U.S.C. 113 note). 

21 (D) Section 8073 of the Department of De22 fense Appropriations Act, 2003 (Public Law 

23 107–248; 10 U.S.C. prec. 2161 note). 

24 (i) TRANSFER OF SECTION 2166.— 


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1 (1) TRANSFER.—Section 2166 of title 10, United 

2 States Code, is transferred to chapter 11 of such title, 

3 as amended by subsection (a), inserted after section 

4 281, as transferred, redesignated, and amended by 

5 subsection (h), and redesignated as section 282. 

6 (2) STYLISTIC AMENDMENTS.—Section 282 of 

7 title 10, United States Code, as transferred and redes8 ignated by paragraph (1), is amended by striking 

9 ‘‘nations’’ each place it appears in subsections (b) 

10 and (c) and inserting ‘‘countries’’. 

11 (3) CROSS-REFERENCE.—Section 2612(a) of title 

12 10, United States Code, is amended by striking ‘‘sec13 tion 2166(f)(4)’’ and inserting ‘‘section 282(f)(4)’’. 

14 (j) TRANSFER OF SECTION 2350M.—Section 2350m of 

15 title 10, United States Code, is transferred to chapter 11 

16 of such title, as amended by subsection (a), inserted after 

17 section 282, as transferred and redesignated by subsection 

18 (i), and redesignated as section 283. 

19 (k) TRANSFER OF SECTION 2249D.— 

20 (1) TRANSFER.—Section 2249d of title 10, 

21 United States Code, is transferred to chapter 11 of 

22 such title, as amended by subsection (a), inserted after 

23 section 283, as transferred and redesignated by sub24 section (j), and redesignated as section 284. 


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1 (2) STYLISTIC AMENDMENTS.—Section 284 of 

2 title 10, United States Code, as transferred and redes3 ignated by paragraph (1), is amended— 

4 (A) by striking ‘‘nations’’ in subsections (a) 

5 and (d) and inserting ‘‘countries’’; and 

6 (B) by striking subsection (g). 

7 (l) CONSOLIDATION OF CHAPTER 905 AND SECTIONS

8 9381, 9382, AND 9383.— 

9 (1) CONSOLIDATION.—Chapter 11 of title 10, 

10 United States Code, as amended by subsection (a), is 

11 further amended by inserting after section 284, as 

12 transferred and redesignated by subsection (k), the fol13 lowing new section: 

14 ‘‘§ 285. Aviation leadership program 

15 ‘‘(a) ESTABLISHMENT OF PROGRAM.—Under regula16 tions prescribed by the Secretary of Defense, the Secretary 

17 of the Air Force may establish and maintain an Aviation 

18 Leadership Program to provide undergraduate pilot train19 ing and necessary related training to personnel of the air 

20 forces of friendly, developing foreign countries. Training 

21 under this section shall include language training and pro22 grams to promote better awareness and understanding of 

23 the democratic institutions and social framework of the 

24 United States. 


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1 ‘‘(b) SUPPLIES AND CLOTHING.—(1) The Secretary of 

2 the Air Force may, under such conditions as the Secretary 

3 may prescribe, provide to a person receiving training under 

4 this section— 

5 ‘‘(A) transportation incident to the training; 

6 ‘‘(B) supplies and equipment to be used during 

7 the training; 

8 ‘‘(C) flight clothing and other special clothing re9 quired for the training; and 

10 ‘‘(D) billeting, food, and health services. 

11 ‘‘(2) The Secretary of the Air Force may authorize 

12 such expenditures from the appropriations of the Air Force 

13 as the Secretary considers necessary for the efficient and 

14 effective maintenance of the Program in accordance with 

15 this section. 

16 ‘‘(c) ALLOWANCES.—The Secretary of the Air Force 

17 may pay to a person receiving training under this section 

18 a living allowance at a rate to be prescribed by the Sec19 retary, taking into account the amount of living allowances 

20 authorized for a member of the armed forces under similar 

21 circumstances.’’. 

22 (2) CONFORMING REPEAL.—Chapter 905 of title 

23 10, United States Code, is repealed. 

24 (m) TRANSFER OF SECTION 9415.—Section 9415 of 

25 title 10, United States Code, is transferred to chapter 11 


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1 of such title, as amended by subsection (a), inserted after 

2 section 285, as added by subsection (l), and redesignated 

3 as section 286. 

4 (n) CODIFICATION OF SECTION 1268 OF FY 2015 

5 NDAA.— 

6 (1) CODIFICATION.—Chapter 11 of title 10, 

7 United States Code, as amended by subsection (a), is 

8 further amended by inserting after section 286, as 

9 transferred and redesignated by subsection (m), a new 

10 section 287 consisting of— 

11 (A) a heading as follows: 

12 ‘‘§ 287. Inter-European Air Forces Academy’’; and 

13 (B) a text consisting of the text of section 

14 1268 of the Carl Levin and Howard P. ‘‘Buck’’ 

15 McKeon National Defense Authorization Act for 

16 Fiscal Year 2015 (Public Law 113–291; 10 

17 U.S.C. 9411 note). 

18 (2) REPEAL OF REPORTING REQUIREMENT.— 

19 Section 287 of title 10, United States Code, as added 

20 by paragraph (1), is amended— 

21 (A) by striking subsection (g); and 

22 (B) by redesignating subsection (h) as sub23 section (g). 

24 (3) CONFORMING REPEAL.—Section 1268 of the 

25 Carl Levin and Howard P. ‘‘Buck’’ McKeon National 


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1 Defense Authorization Act for Fiscal Year 2015 (Pub2 lic Law 113–291; 10 U.S.C. 9411 note) is repealed. 

3 (o) TRANSFER OF SECTIONS 2249A AND 2249E.— 

4 (1) TRANSFER.—Sections 2249a and 2249e of 

5 title 10, United States Code, are transferred to chap6 ter 11 of such title, as amended by subsection (a), in7 serted after the heading of subchapter VI, and redesig8 nated as sections 293 and 294, respectively. 

9 (2) CONFORMING AMENDMENT.—Section 294 of 

10 title 10, United States Code, as transferred and redes11 ignated by paragraph (1), is amended by striking 

12 subsection (f). 

13 (3) CROSS-REFERENCE.—Section 1204(b) of the 

14 Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

15 Defense Authorization Act for Fiscal Year 2015 (Pub16 lic Law 113–291; 128 Stat. 3533; 10 U.S.C. 2249e 

17 note) is amended— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A), by striking 

20 ‘‘section 2249e of title 10, United States 

21 Code (as added by subsection (a))’’ and in22 serting ‘‘section 294 of title 10, United 

23 States Code’’; and 

24 (ii) in subparagraphs (D) and (E), by 

25 striking ‘‘section 2249e of title 10, United 


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1 States Code (as so added)’’ and inserting 

2 ‘‘section 294 of such title’’; and 

3 (B) in paragraph (3), by striking ‘‘sub4 section (f) of section 2249e of title 10, United 

5 States Code (as so added)’’ and inserting ‘‘sec6 tion 251(1) of such title’’. 

7 (p) CLERICAL AMENDMENTS.—Title 10, United States 

8 Code, is amended as follows: 

9 (1) The tables of chapters at the beginning of 

10 subtitle A, and at the beginning of part I of subtitle 

11 A, are amended by striking the item relating to chap12 ter 11 and inserting the following new item: 

‘‘11. Security cooperation ............................................................................... 251’’. 

13 (2) The table of sections at the beginning of 

14 chapter 3 is amended by striking the item relating to 

15 section 127d. 

16 (3) The table of sections at the beginning of 

17 chapter 7 is amended by striking the item relating to 

18 section 184. 

19 (4) The table of sections at the beginning of 

20 chapter 53 is amended by striking the item relating 

21 to section 1051b. 

22 (5) The table of sections at the beginning of 

23 chapter 101 is amended by striking the item relating 

24 to section 2010. 


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1 (6) The table of sections at the beginning of 

2 chapter 108 is amended by striking the item relating 

3 to section 2166. 

4 (7) The table of sections at the beginning of sub5 chapter I of chapter 134 is amended by striking the 

6 items relating to sections 2249a, 2249d, and 2249e. 

7 (8) The table of sections at the beginning of 

8 chapter 136 is amended by striking the item relating 

9 to section 2282. 

10 (9) The table of sections at the beginning of sub11 chapter II of chapter 138 is amended by striking the 

12 item relating to section 2350m. 

13 (10) The tables of chapters at the beginning of 

14 subtitle D, and at the beginning of part III of subtitle 

15 D, are amended by striking the item relating to chap16 ter 905. 

17 (11) The table of sections at the beginning of 

18 chapter 907 is amended by striking the item relating 

19 to section 9415. 

20 TITLE XIII—COOPERATIVE 

21 THREAT REDUCTION 

22 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE23 DUCTION FUNDS. 

24 (a) FISCAL YEAR 2017 COOPERATIVE THREAT REDUC25 TION FUNDS DEFINED.—In this title, the term ‘‘fiscal year 


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1 2017 Cooperative Threat Reduction funds’’ means the funds 

2 appropriated pursuant to the authorization of appropria3 tions in section 301 and made available by the funding 

4 table in division D for the Department of Defense Coopera5 tive Threat Reduction Program established under section 

6 1321 of the Department of Defense Cooperative Threat Re7 duction Act (50 U.S.C. 3711). 

8 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

9 pursuant to the authorization of appropriations in section 

10 301 and made available by the funding table in division 

11 D for the Department of Defense Cooperative Threat Reduc12 tion Program shall be available for obligation for fiscal 

13 years 2017, 2018, and 2019. 

14 SEC. 1302. FUNDING ALLOCATIONS. 

15 (a) IN GENERAL.—Of the $325,604,000 authorized to 

16 be appropriated to the Department of Defense for fiscal year 

17 2017 in section 301 and made available by the funding 

18 table in division D for the Department of Defense Coopera19 tive Threat Reduction Program established under section 

20 1321 of the Department of Defense Cooperative Threat Re21 duction Act (50 U.S.C. 3711), the following amounts may 

22 be obligated for the purposes specified: 

23 (1) For strategic offensive arms elimination, 

24 $11,791,000. 


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1 (2) For chemical weapons destruction, 

2 $2,942,000. 

3 (3) For global nuclear security, $16,899,000. 

4 (4) For cooperative biological engagement, 

5 $213,984,000. 

6 (5) For proliferation prevention, $50,709,000, of 

7 which— 

8 (A) $4,000,000 may be obligated for pur9 poses relating to nuclear nonproliferation as10 sisted or caused by additive manufacture tech11 nology (commonly referred to as ‘‘3D printing’’); 

12 (B) $4,000,000 may be obligated for moni13 toring the ‘‘proliferation pathways’’ under the 

14 Joint Comprehensive Plan of Action; 

15 (C) $4, 000,000 may be obligated for en16 hancing law enforcement cooperation and intel17 ligence sharing; and 

18 (D) $4,000,000 may be obligated for the 

19 Proliferation Security Initiative under subtitle B 

20 of title XVIII of the Implementing Recommenda21 tions of the 9/11 Commission Act of 2007 (50 

22 U.S.C. 2911 et seq.). 

23 (6) For threat reduction engagement, $2,000,000. 

24 (7) For activities designated as Other Assess25 ments/Administrative Costs, $27,279,000. 


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1 (b) MODIFICATIONS TO CERTAIN REQUIREMENTS.— 

2 The Department of Defense Cooperative Threat Reduction 

3 Act (50 U.S.C. 3701 et seq.) is amended as follows: 

4 (1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is 

5 amended by striking ‘‘15 days’’ and inserting ‘‘45 

6 days’’. 

7 (2) Section 1322(b) (50 U.S.C. 3712(b)) is 

8 amended— 

9 (A) by striking ‘‘At the time at which’’ and 

10 inserting ‘‘Not later than 15 days before the date 

11 on which’’; 

12 (B) in paragraph (1), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (C) in paragraph (2), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (D) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) a discussion of— 

19 ‘‘(A) whether authorities other than the au20 thority under this section are available to the 

21 Secretaries to perform such project or activity to 

22 meet the threats or goals identified under sub23 section (a)(1); and 


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1 ‘‘(B) if such other authorities exist, why the 

2 Secretaries were not able to use such authorities 

3 for such project or activity.’’. 

4 (3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is 

5 amended by striking ‘‘at the time at which’’ and in6 serting ‘‘not later than seven days before the date on 

7 which’’. 

8 (4) Section 1324 (50 U.S.C. 3714) is amended— 

9 (A) in subsection (a)(1)(C), by striking ‘‘15 

10 days’’ and inserting ‘‘45 days’’; and 

11 (B) in subsection (b)(3), by striking ‘‘15 

12 days’’ and inserting ‘‘45 days’’. 

13 (c) JOINT COMPREHENSIVE PLAN OF ACTION DE14 FINED.—In this section, the term ‘‘Joint Comprehensive 

15 Plan of Action’’ means the Joint Comprehensive Plan of 

16 Action, signed at Vienna July 14, 2015, by Iran and by 

17 the People’s Republic of China, France, Germany, the Rus18 sian Federation, the United Kingdom and the United 

19 States, with the High Representative of the European 

20 Union for Foreign Affairs and Security Policy, and all im21 plementing materials and agreements related to the Joint 

22 Comprehensive Plan of Action, and transmitted by the 

23 President to Congress on July 19, 2015, pursuant to section 

24 135(a) of the Atomic Energy Act of 1954, as amended by 


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1 the Iran Nuclear Agreement Review Act of 2015 (Public 

2 Law 114–17; 129 Stat. 201). 

3 SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 COOPERATIVE THREAT REDUCTION IN PEO5 PLE’S REPUBLIC OF CHINA. 

6 The Department of Defense Cooperative Threat Reduc7 tion Act (50 U.S.C. 3701 et seq.) is amended by inserting 

8 after section 1334 the following new section: 

9 ‘‘SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR 

10 COOPERATIVE THREAT REDUCTION ACTIVI11 TIES IN PEOPLE’S REPUBLIC OF CHINA. 

12 ‘‘(a) QUARTERLY INSTALLMENTS.—In carrying out 

13 activities under the Program in the People’s Republic of 

14 China, the Secretary of Defense shall ensure that Coopera15 tive Threat Reduction funds for such activities are obligated 

16 or expended in quarterly installments. 

17 ‘‘(b) QUARTERLY CERTIFICATIONS.— 

18 ‘‘(1) LIMITATION.—The Secretary of Defense 

19 may not obligate or expend any Cooperative Threat 

20 Reduction funds for activities in the People’s Repub21 lic of China during a quarter unless the Secretary 

22 submits to the congressional defense committees and 

23 the Committee on Foreign Affairs of the House of 

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1 tions of the Senate the certification under paragraph 

2 (2) with respect to such quarter. 

3 ‘‘(2) SUBMISSION.—On a quarterly basis, the 

4 Secretary shall submit to the committees specified in 

5 paragraph (1) a certification, made in concurrence 

6 with the Secretary of State, of the following: 

7 ‘‘(A) China has taken material steps to— 

8 ‘‘(i) disrupt the proliferation activities 

9 of Li Fangwei (also known as Karl Lee, or 

10 any other alias known by the United 

11 States); and 

12 ‘‘(ii) arrest Li Fangwei pursuant the 

13 indictment charged in the United States 

14 District Court for the Southern District of 

15 New York on April 29, 2014. 

16 ‘‘(B) China has not proliferated to any non17 nuclear weapons state, or any nuclear weapons 

18 state in violation of the Treaty on the Non-Pro19 liferation of Nuclear Weapons, any item that 

20 contributes to a ballistic missile or nuclear 

21 weapons delivery system. 

22 ‘‘(3) COVERAGE.—The first notification made 

23 under paragraph (2) shall cover the preceding 12- 

24 month period before the date of such notification. 


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1 Each subsequent notification shall cover the quarter 

2 preceding the date of such notification.’’. 

3 TITLE XIV—OTHER 

4 AUTHORIZATIONS 

5 Subtitle A—Military Programs 

6 SEC. 1401. WORKING CAPITAL FUNDS. 

7 Funds are hereby authorized to be appropriated for fis8 cal year 2017 for the use of the Armed Forces and other 

9 activities and agencies of the Department of Defense for 

10 providing capital for working capital and revolving funds, 

11 as specified in the funding table in section 4501. 

12 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2017 for the National Defense Sealift Fund, as 

15 specified in the funding table in section 4501. 

16 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC17 TION, DEFENSE. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

19 hereby authorized to be appropriated for the Department 

20 of Defense for fiscal year 2017 for expenses, not otherwise 

21 provided for, for Chemical Agents and Munitions Destruc22 tion, Defense, as specified in the funding table in section 

23 4501. 

24 (b) USE.—Amounts authorized to be appropriated 

25 under subsection (a) are authorized for— 


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1 (1) the destruction of lethal chemical agents and 

2 munitions in accordance with section 1412 of the De3 partment of Defense Authorization Act, 1986 (50 

4 U.S.C. 1521); and 

5 (2) the destruction of chemical warfare materiel 

6 of the United States that is not covered by section 

7 1412 of such Act. 

8 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC9 TIVITIES, DEFENSE-WIDE. 

10 Funds are hereby authorized to be appropriated for the 

11 Department of Defense for fiscal year 2017 for expenses, not 

12 otherwise provided for, for Drug Interdiction and Counter13 Drug Activities, Defense-wide, as specified in the funding 

14 table in section 4501. 

15 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

16 Funds are hereby authorized to be appropriated for the 

17 Department of Defense for fiscal year 2017 for expenses, not 

18 otherwise provided for, for the Office of the Inspector Gen19 eral of the Department of Defense, as specified in the fund20 ing table in section 4501. 

21 SEC. 1406. DEFENSE HEALTH PROGRAM. 

22 Funds are hereby authorized to be appropriated for fis23 cal year 2017 for the Defense Health Program, as specified 

24 in the funding table in section 4501, for use of the Armed 

25 Forces and other activities and agencies of the Department 


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1 of Defense in providing for the health of eligible bene2 ficiaries. 

3 SEC. 1407. NATIONAL SEA-BASED DETERRENCE FUND. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2017 for the National Sea-Based Deterrence Fund 

6 as specified in the funding table in section 4501. 

7 Subtitle B—National Defense 

8 Stockpile 

9 SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATE10 RIALS FROM AND TO ACQUIRE ADDITIONAL 

11 MATERIALS FOR THE NATIONAL DEFENSE 

12 STOCKPILE. 

13 (a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) 

14 of the Strategic and Critical Materials Stock Piling Act (50 

15 U.S.C. 98d(b)), the National Defense Stockpile Manager 

16 may dispose of the following materials contained in the Na17 tional Defense Stockpile in the following quantities: 

18 (1) 27 short tons of beryllium. 

19 (2) 111,149 short tons of chromium, ferroalloy. 

20 (3) 2,973 short tons of chromium metal. 

21 (4) 8,380 troy ounces of platinum. 

22 (5) 275,741 pounds of contained tungsten metal 

23 powder. 

24 (6) 12,433,796 pounds of contained tungsten ores 

25 and concentrates. 


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1 (b) ACQUISITION AUTHORITY.— 

2 (1) AUTHORITY.—Using funds available in the 

3 National Defense Stockpile Transaction Fund, the 

4 National Defense Stockpile Manager may acquire the 

5 following materials determined to be strategic and 

6 critical materials required to meet the defense, indus7 trial, and essential civilian needs of the United 

8 States: 

9 (A) High modulus and high strength carbon 

10 fibers. 

11 (B) Tantalum. 

12 (C) Germanium. 

13 (D) Tungsten rhenium metal. 

14 (E) Boron carbide powder. 

15 (F) Europium. 

16 (G) Silicon carbide fiber. 

17 (2) AMOUNT OF AUTHORITY.—The National De18 fense Stockpile Manager may use up to $55,000,0000 

19 in the National Defense Stockpile Transaction Fund 

20 for acquisition of the materials specified paragraph 

21 (1). 

22 (3) FISCAL YEAR LIMITATION.—The authority 

23 under paragraph (1) is available for purchases dur24 ing fiscal year 2017 through fiscal year 2021. 


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1 SEC. 1412. REVISIONS TO THE STRATEGIC AND CRITICAL 

2 MATERIALS STOCK PILING ACT. 

3 (a) MATERIALS CONSTITUTING THE NATIONAL DE4 FENSE STOCKPILE.—Section 4 of the Strategic and Critical 

5 Materials Stock Piling Act (50 U.S.C. 98c) is amended— 

6 (1) in subsection (b), by striking ‘‘required for’’ 

7 and inserting ‘‘suitable for transfer to or disposal 

8 through’’; and 

9 (2) in subsection (c)— 

10 (A) by striking ‘‘(1)’’ and all that follows 

11 through ‘‘(2)’’; and 

12 (B) by striking ‘‘this subsection’’ and in13 serting ‘‘subsection (b)’’. 

14 (b) QUALIFICATION OF DOMESTIC SOURCES.—Section 

15 15(a) of such Act (50 U.S.C. 98h- 6(a)) is amended— 

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (1); 

18 (2) by striking the period at the end of para19 graph (2) and inserting a semicolon; and 

20 (3) by adding at the end the following new para21 graphs: 

22 ‘‘(3) by qualifying existing domestic facilities 

23 and domestically produced strategic and critical ma24 terials to meet the requirements of defense and essen25 tial civilian industries in times of national emer26 gencies when existing domestic sources of supply are 


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1 either insufficient or vulnerable to single points of 

2 failure; and 

3 ‘‘(4) by contracting with domestic facilities to re4 cycle strategic and critical materials, thereby increas5 ing domestic supplies when those materials would oth6 erwise be insufficient to support defense and essential 

7 civilian industries in times of national emergencies.’’. 

8 Subtitle C—Other Matters 

9 SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

10 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

11 VETERANS AFFAIRS MEDICAL FACILITY DEM12 ONSTRATION FUND FOR CAPTAIN JAMES A. 

13 LOVELL HEALTH CARE CENTER, ILLINOIS. 

14 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

15 funds authorized to be appropriated for section 506 and 

16 available for the Defense Health Program for operation and 

17 maintenance, $122,375,000 may be transferred by the Sec18 retary of Defense to the Joint Department of Defense–De19 partment of Veterans Affairs Medical Facility Demonstra20 tion Fund established by subsection (a)(1) of section 1704 

21 of the National Defense Authorization Act for Fiscal Year 

22 2010 (Public Law 111–84; 123 Stat. 2571). For purposes 

23 of subsection (a)(2) of such section 1704, any funds so 

24 transferred shall be treated as amounts authorized and ap25 propriated specifically for the purpose of such a transfer. 


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1 (b) USE OF TRANSFERRED FUNDS.—For the purposes 

2 of subsection (b) of such section 1704, facility operations 

3 for which funds transferred under subsection (a) may be 

4 used are operations of the Captain James A. Lovell Federal 

5 Health Care Center, consisting of the North Chicago Vet6 erans Affairs Medical Center, the Navy Ambulatory Care 

7 Center, and supporting facilities designated as a combined 

8 Federal medical facility under an operational agreement 

9 covered by section 706 of the Duncan Hunter National De10 fense Authorization Act for Fiscal Year 2009 (Public Law 

11 110-417; 122 Stat. 4500). 

12 SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR 

13 ARMED FORCES RETIREMENT HOME. 

14 There is hereby authorized to be appropriated for fiscal 

15 year 2017 from the Armed Forces Retirement Home Trust 

16 Fund the sum of $64,300,000 for the operation of the Armed 

17 Forces Retirement Home. 


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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, 1505, 

15 and 1507 for expenses, not otherwise provided for, for 

16 procurement, research, development, test, and evalua17 tion, operation and maintenance, military personnel, 

18 and defense-wide drug interdiction and counter-drug 

19 activities, as specified in the funding tables in sec20 tions 4103, 4203, 4303, 4403, and 4503. 

21 (b) SUPPORT OF BASE BUDGET REQUIREMENTS; 

22 TREATMENT.—Funds identified in subsection (a)(2) are 

23 being authorized to be appropriated in support of base 

24 budget requirements as requested by the President for fiscal 

25 year 2017 pursuant to section 1105(a) of title 31, United 


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1 States Code. The Director of the Office of Management and 

2 Budget shall apportion the funds identified in such sub3 section to the Department of Defense without restriction, 

4 limitation, or constraint on the execution of such funds in 

5 support of base requirements, including any restriction, 

6 limitation, or constraint imposed by, or described in, the 

7 document entitled ‘‘Criteria for War/Overseas Contingency 

8 Operations Funding Requests’’ transmitted by the Director 

9 to the Department of Defense on September 9, 2010, or any 

10 successor or related guidance. 

11 SEC. 1502. PROCUREMENT. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2017 for procurement accounts for the Army, the 

14 Navy and the Marine Corps, the Air Force, and Defense15 wide activities, as specified in— 

16 (1) the funding table in section 4102; or 

17 (2) the funding table in section 4103. 

18 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2017 for the use of the Department of Defense for 

22 research, development, test, and evaluation, as specified 

23 in— 

24 (1) the funding table in section 4202; or 

25 (2) the funding table in section 4203. 


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1 SEC. 1504. OPERATION AND MAINTENANCE. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

3 hereby authorized to be appropriated for fiscal year 2017 

4 for the use of the Armed Forces and other activities and 

5 agencies of the Department of Defense for expenses, not oth6 erwise provided for, for operation and maintenance, as 

7 specified in— 

8 (1) the funding table in section 4302, or 

9 (2) the funding table in section 4303. 

10 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

11 the funding table in section 4302 shall remain available for 

12 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. 1505. MILITARY PERSONNEL. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

17 hereby authorized to be appropriated for fiscal year 2017 

18 for the use of the Armed Forces and other activities and 

19 agencies of the Department of Defense for expenses, not oth20 erwise provided for, for military personnel, as specified 

21 in— 

22 (1) the funding table in section 4402; or 

23 (2) the funding table in section 4403. 

24 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

25 the funding table in section 4402 shall remain available for 

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1 ations as provided in the Department of Defense Appro2 priations Act, 2016 (division C of Public Law 114–113). 

3 SEC. 1506. WORKING CAPITAL FUNDS. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

5 hereby authorized to be appropriated for fiscal year 2017 

6 for the use of the Armed Forces and other activities and 

7 agencies of the Department of Defense for providing capital 

8 for working capital and revolving funds, as specified in the 

9 funding table in section 4502. 

10 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

11 the funding table in section 4502 for providing capital for 

12 working capital and revolving funds 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 SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG AC17 TIVITIES, DEFENSE-WIDE. 

18 Funds are hereby authorized to be appropriated for the 

19 Department of Defense for fiscal year 2017 for expenses, not 

20 otherwise provided for, for Drug Interdiction and Counter21 Drug Activities, Defense-wide, as specified in— 

22 (1) the funding table in section 4502; or 

23 (2) the funding table in section 4503. 


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1 SEC. 1508. DEFENSE INSPECTOR GENERAL. 

2 Funds are hereby authorized to be appropriated for the 

3 Department of Defense for fiscal year 2017 for expenses, not 

4 otherwise provided for, for the Office of the Inspector Gen5 eral of the Department of Defense, as specified in the fund6 ing table in section 4502. 

7 SEC. 1509. DEFENSE HEALTH PROGRAM. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

9 hereby authorized to be appropriated for the Department 

10 of Defense for fiscal year 2017 for expenses, not otherwise 

11 provided for, for the Defense Health Program, as specified 

12 in the funding table in section 4502. 

13 (b) PERIOD OF AVAILABILITY.—Amounts specified in 

14 the funding table in section 4502 for the Defense Health 

15 Program shall remain available for obligation only until 

16 April 30, 2017, at a rate for operations as provided in the 

17 Department of Defense Appropriations Act, 2016 (division 

18 C of Public Law 114–113). 

19 SEC. 1510. COUNTERTERRORISM PARTNERSHIPS FUND. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

21 hereby authorized to be appropriated for the Department 

22 of Defense for fiscal year 2017 for expenses, not otherwise 

23 provided for, for the Counterterrorism Partnerships Fund, 

24 as specified in the funding table in section 4502. 

25 (b) DURATION OF AVAILABILITY.—Amounts appro26 priated pursuant to the authorization of appropriations in 


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1 subsection (a) shall remain available for obligation through 

2 September 30, 2018. 

3 Subtitle B—Financial Matters 

4 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

5 The amounts authorized to be appropriated by this 

6 title are in addition to amounts otherwise authorized to be 

7 appropriated by this Act. 

8 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

9 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

10 (1) AUTHORITY.—Upon determination by the 

11 Secretary of Defense that such action is necessary in 

12 the national interest, the Secretary may transfer 

13 amounts of authorizations made available to the De14 partment of Defense in this title for fiscal year 2017 

15 between any such authorizations for that fiscal year 

16 (or any subdivisions thereof). 

17 (2) EFFECT OF TRANSFER.—Amounts of author18 izations transferred under this subsection shall be 

19 merged with and be available for the same purposes 

20 as the authorization to which transferred. 

21 (3) LIMITATIONS.—The total amount of author22 izations that the Secretary may transfer under the 

23 authority of this subsection may not exceed 

24 $4,500,000,000. 


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1 (4) EXCEPTION.—In the case of the authoriza2 tions of appropriations contained in sections 1502, 

3 1503, 1504, 1505, and 1507 that are provided for the 

4 purpose specified in section 1501(a)(2), the transfer 

5 authority provided under section 1001, rather than 

6 the transfer authority provided by this subsection, 

7 shall apply to any transfer of amounts of such au8 thorizations. 

9 (b) TERMS AND CONDITIONS.—Transfers under this 

10 section shall be subject to the same terms and conditions 

11 as transfers under section 1001. 

12 (c) ADDITIONAL AUTHORITY.—The transfer authority 

13 provided by this section is in addition to the transfer au14 thority provided under section 1001. 

15 Subtitle C—Limitations, Reports, 

16 and Other Matters 

17 SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

18 (a) IN GENERAL.—Funds available to the Department 

19 of Defense for the Afghanistan Security Forces Fund during 

20 the period beginning on the date of the enactment of this 

21 Act and ending on December 31, 2017, shall be subject to 

22 the conditions contained in subsections (b) through (f) of 

23 section 1513 of the National Defense Authorization Act for 

24 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as 

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1 fense Authorization Act for Fiscal Year 2011 (Public Law 

2 111–383; 124 Stat. 4424). 

3 (b) ALLOCATION OF FUNDS.— 

4 (1) IN GENERAL.—Of the funds available to the 

5 Department of Defense for the Afghan Security Forces 

6 Fund for fiscal year 2017, it is the goal that 

7 $25,000,000 shall be used for— 

8 (A) the recruitment, integration, retention, 

9 training, and treatment of women in the Afghan 

10 National Security Forces; and 

11 (B) the recruitment, training, and con12 tracting of female security personnel for future 

13 elections. 

14 (2) TYPES OF PROGRAMS AND ACTIVITIES.—Such 

15 programs and activities may include— 

16 (A) efforts to recruit women into the Afghan 

17 National Security Forces, including the special 

18 operations forces; 

19 (B) programs and activities of the Afghan 

20 Ministry of Defense Directorate of Human 

21 Rights and Gender Integration and the Afghan 

22 Ministry of Interior Office of Human Rights, 

23 Gender and Child Rights; 

24 (C) development and dissemination of gen25 der and human rights educational and training 


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1 materials and programs within the Afghan Min2 istry of Defense and the Afghan Ministry of Inte3 rior; 

4 (D) efforts to address harassment and vio5 lence against women within the Afghan National 

6 Security Forces; 

7 (E) improvements to infrastructure that ad8 dress the requirements of women serving in the 

9 Afghan National Security Forces, including ap10 propriate equipment for female security and po11 lice forces, and transportation for policewomen 

12 to their station; 

13 (F) support for Afghanistan National Police 

14 Family Response Units; and 

15 (G) security provisions for high-profile fe16 male police and army officers. 

17 (c) REPORTING REQUIREMENT.— 

18 (1) SEMI-ANNUAL REPORTS.—Not later than 

19 January 31 and July 31 of each year through Janu20 ary 31, 2021, the Secretary of Defense shall submit to 

21 the congressional defense committees a report summa22 rizing the details of any obligation or transfer of 

23 funds from the Afghanistan Security Forces Fund 

24 during the preceding six-calendar month period. 


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1 (2) CONFORMING REPEALS.—(A) Section 1513 of 

2 the National Defense Authorization Act for Fiscal 

3 Year 2008 (Public Law 110–181; 122 Stat. 428), as 

4 amended by section 1531(b) of the Ike Skelton Na5 tional Defense Authorization Act for Fiscal Year 2011 

6 (Public Law 111–383; 124 Stat. 4424), is further 

7 amended by striking subsection (g). 

8 (B) Section 1517 of the John Warner National 

9 Defense Authorization Act for Fiscal Year 2007 (Pub10 lic Law 109–364; 120 Stat. 2442) is amended by 

11 striking subsection (f). 

12 SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

13 FUND. 

14 (a) USE AND TRANSFER OF FUNDS.—Subsection 

15 1532(a) of the National Defense Authorization Act for Fis16 cal Year 2016 (Public Law 114–92; 129 Stat. 1091) is 

17 amended by striking ‘‘fiscal year 2016’’ and inserting ‘‘fis18 cal years 2016 and 2017’’. 

19 (b) EXTENSION OF INTERDICTION OF IMPROVISED EX20 PLOSIVE DEVICE PRECURSOR CHEMICALS AUTHORITY.— 

21 Section 1532(c) of the National Defense Authorization Act 

22 for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2057) 

23 is amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking ‘‘for fiscal year 2013 and 

2 for fiscal year 2016,’’ and inserting ‘‘for fiscal 

3 years 2013, 2016, and 2017’’; 

4 (B) by inserting ‘‘with the concurrence of 

5 the Secretary of State’’ after ‘‘may be available 

6 to the Secretary of Defense’’; 

7 (C) by striking ‘‘of the Government of Paki8 stan’’ and inserting ‘‘of foreign governments’’; 

9 and 

10 (D) by striking ‘‘from Pakistan to locations 

11 in Afghanistan’’; 

12 (2) in paragraph (2), by striking ‘‘of the Govern13 ment of Pakistan’’ and inserting ‘‘of foreign govern14 ments’’; 

15 (3) in paragraph (3)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘the congressional defense com18 mittees’’ and inserting ‘‘Congress’’; and 

19 (B) in subparagraph (B)— 

20 (i) by striking ‘‘the Government of 

21 Pakistan’’ and inserting ‘‘foreign govern22 ments’’; and 

23 (ii) by striking ‘‘from Pakistan to loca24 tions in Afghanistan’’; and 


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1 (4) in paragraph (4), as most recently amended 

2 by section 1532(b)(2) of the National Defense Author3 ization Act for Fiscal Year 2016 (Public Law 114– 

4 92; 129 Stat. 1091), by striking ‘‘December 31, 2016’’ 

5 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 Authorization 

12 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

13 1093) is amended by striking ‘‘September 30, 2018’’ and 

14 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 Author23 ization Act for Fiscal Year 2015 (Public Law 113–291; 128 

24 Stat. 3623; 10 U.S.C. 2273 note), as amended by section 

25 1606 of the National Defense Authorization Act for Fiscal 


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1 Year 2016 (Public Law 114–92; 129 Stat. 1099), is further 

2 amended by striking subsection (d) and inserting the fol3 lowing 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 pro10 pulsion system to replace non-allied space 

11 launch engines pursuant to subsection (a); 

12 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 infrastructure. 

19 ‘‘(2) FUNDS DESCRIBED.—The funds described 

20 in this paragraph are the following: 

21 ‘‘(A) Funds authorized to be appropriated 

22 by the National Defense Authorization Act for 

23 Fiscal Year 2017 or otherwise made available for 

24 fiscal year 2017 or any fiscal year thereafter for 

25 the Department of Defense for the development of 


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1 the rocket propulsion system under subsection 

2 (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 made 

6 available for fiscal years 2015 or 2016 for the 

7 Department of Defense for the development of the 

8 rocket propulsion system under subsection (a) 

9 that are unobligated as of the date of the enact10 ment of the National Defense Authorization Act 

11 for Fiscal Year 2017. 

12 ‘‘(3) OTHER PURPOSES.—The Secretary may ob13 ligate or expend not more than 25 percent of the 

14 funds described in paragraph (2) in any fiscal year 

15 for activities not authorized by paragraph (1)(A), in16 cluding for developing a launch vehicle, an upper 

17 stage, a strap-on motor, or related infrastructure. The 

18 Secretary may exceed such limit in a fiscal year for 

19 such purposes if during such fiscal year— 

20 ‘‘(A) the Secretary certifies to the appro21 priate congressional committees that, as of the 

22 date of the certification— 

23 ‘‘(i) the development of the rocket pro24 pulsion system is being carried out pursu25 ant to paragraph (1)(A) in a manner that 


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1 ensures that the rocket propulsion system 

2 will meet each requirement under subsection 

3 (a)(2); and 

4 ‘‘(ii) such obligation or expenditure 

5 will not negatively affect the development of 

6 the rocket propulsion system, including with 

7 respect to meeting such requirements; and 

8 ‘‘(B) the reprogramming or transfer is car9 ried out in accordance with established proce10 dures for reprogramming or transfers, including 

11 with respect to presenting a request for a re12 programming of funds. 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘appropriate congressional com15 mittees’ means— 

16 ‘‘(A) the congressional defense committees; 

17 and 

18 ‘‘(B) the Permanent Select Committee on 

19 Intelligence of the House of Representatives and 

20 the Select Committee on Intelligence of the Sen21 ate. 

22 ‘‘(2) The term ‘rocket propulsion system’ means, 

23 with respect to the development authorized by sub24 section (a), a main booster, first-stage rocket engine 

25 or motor. The term does not include a launch vehicle, 


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1 an upper stage, a strap-on motor, or related infra2 structure.’’. 

3 (b) RIGHTS TO INTELLECTUAL PROPERTY.—Sub4 section (a) of such section 1604 is amended by adding at 

5 the end the following new paragraph: 

6 ‘‘(3) RIGHTS TO INTELLECTUAL PROPERTY.—In 

7 developing the system under paragraph (1), the Sec8 retary shall acquire government purpose rights (or 

9 greater rights) in technical data, patents, and copy10 rights pertaining to such system. Such rights may be 

11 for the purpose of developing alternative sources of 

12 supply and manufacture in the event such alternative 

13 sources are necessary and in the best interest of the 

14 United States.’’. 

15 (c) LIMITATION.—Of the amounts authorized to be ap16 propriated by this Act or otherwise made available for fiscal 

17 year 2017 for the Office of the Secretary of the Air Force, 

18 not more than 90 percent may be obligated or expended 

19 until the date on which the Secretary of the Air Force cer20 tifies to the congressional defense committees that the Sec21 retary has carried out the rocket propulsion system pro22 gram under section 1604 of the Carl Levin and Howard 

23 P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

24 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3623; 

25 10 U.S.C. 2273 note) during fiscal years 2015 and 2016 


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1 as described in subsection (d)(1) of such section, as added 

2 by subsection (a). 

3 SEC. 1602. EXCEPTION TO THE PROHIBITION ON CON4 TRACTING WITH RUSSIAN SUPPLIERS OF 

5 ROCKET ENGINES FOR THE EVOLVED EX6 PENDABLE LAUNCH VEHICLE PROGRAM. 

7 Section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ 

8 McKeon National Defense Authorization Act for Fiscal Year 

9 2015 (Public Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 

10 note), as amended by section 1607 of the National Defense 

11 Authorization Act for Fiscal Year 2016 (Public Law 114– 

12 92; 129 Stat. 1100), is further amended by striking sub13 section (c) and inserting the following new subsection: 

14 ‘‘(c) EXCEPTION.—The prohibition in subsection (a) 

15 shall not apply to any of the following: 

16 ‘‘(1) The placement of orders or the exercise of 

17 options under the contract numbered FA8811–13–C– 

18 0003 and awarded on December 18, 2013. 

19 ‘‘(2) Contracts that are awarded for the procure20 ment of property or services for space launch activi21 ties that include the use of a total of eighteen rocket 

22 engines designed or manufactured in the Russian 

23 Federation, in addition to Russian-designed or -manu24 factured engines to which paragraph (1) applies.’’. 


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1 SEC. 1603. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND 

2 COMMUNICATIONS. 

3 Section 1611 of the National Defense Authorization 

4 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

5 1103) is amended by striking subsection (b) and inserting 

6 the following new subsections: 

7 ‘‘(b) SCOPE.— 

8 ‘‘(1) STUDY GUIDANCE.—In conducting the anal9 ysis of alternatives under subsection (a), the Secretary 

10 shall develop study guidance that requires such anal11 ysis to include the full range of military and commer12 cial satellite communications capabilities, acquisition 

13 processes, and service delivery models. 

14 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

15 shall ensure that— 

16 ‘‘(A) any cost assessments of military or 

17 commercial satellite communications systems in18 cluded in the analysis of alternatives conducted 

19 under subsection (a) include detailed full life20 cycle costs, as applicable, including with respect 

21 to— 

22 ‘‘(i) military personnel, military con23 struction, military infrastructure operation, 

24 maintenance costs, and ground and user 

25 terminal impacts; and 


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1 ‘‘(ii) any other costs regarding mili2 tary or commercial satellite communica3 tions systems the Secretary determines ap4 propriate; and 

5 ‘‘(B) such analysis identifies any consider6 ations relating to the use of military versus com7 mercial systems. 

8 ‘‘(c) COMPTROLLER GENERAL REVIEW.— 

9 ‘‘(1) SUBMISSION.—Upon completion of the 

10 analysis of alternatives conducted under subsection 

11 (a), the Secretary shall submit such analysis to the 

12 Comptroller General of the United States. 

13 ‘‘(2) REVIEW.—Not later than 120 days after the 

14 date on which the Comptroller General receives the 

15 analysis of alternatives under paragraph (1), the 

16 Comptroller General shall submit to the congressional 

17 defense committees a review of the analysis. 

18 ‘‘(3) MATTERS INCLUDED.—The review under 

19 paragraph (2) of the analysis of alternatives con20 ducted under subsection (a) shall include the fol21 lowing: 

22 ‘‘(A) Whether, and to what extent, the Sec23 retary— 

24 ‘‘(i) conducted such analysis using best 

25 practices; 


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1 ‘‘(ii) fully addressed the concerns of the 

2 acquisition, operational, and user commu3 nities; and 

4 ‘‘(iii) complied with subsection (b). 

5 ‘‘(B) A description of how the Secretary 

6 identified the requirements and assessed and ad7 dressed the cost, schedule, and risks posed for 

8 each alternative included in such analysis. 

9 ‘‘(d) BRIEFINGS.—Not later than 90 days after the 

10 date of the enactment of the National Defense Authorization 

11 Act for Fiscal Year 2017, and semiannually thereafter until 

12 the date on which the analysis of alternatives conducted 

13 under subsection (a) is completed, the Secretary shall pro14 vide the Committees on Armed Services of the House of Rep15 resentatives and the Senate (and any other congressional 

16 defense committee upon request) a briefing on such anal17 ysis.’’. 

18 SEC. 1604. MODIFICATION TO PILOT PROGRAM FOR ACQUI19 SITION OF COMMERCIAL SATELLITE COMMU20 NICATION SERVICES. 

21 Section 1605 of the Carl Levin and Howard P. ‘‘Buck’’ 

22 McKeon National Defense Authorization Act for Fiscal Year 

23 2015 (Public Law 113–291; 10 U.S.C. 2208 note), as 

24 amended by section 1612 of the National Defense Authoriza25 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 


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1 Stat. 1103), is further amended by adding at the end the 

2 following new subsection: 

3 ‘‘(e) IMPLEMENTATION OF GOALS.—In developing 

4 and carrying out the pilot program under subsection 

5 (a)(1), by not later than September 30, 2017, the Sec6 retary shall take actions to begin the implementation 

7 of each goal specified in subsection (b).’’. 

8 SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING. 

9 (a) ROLES OF DOD AND NOAA.— 

10 (1) MECHANISMS.—The Secretary of Defense and 

11 the Director of the National Oceanic and Atmospheric 

12 Administration shall jointly establish mechanisms to 

13 collaborate and coordinate in defining the roles and 

14 responsibilities of the Department of Defense and the 

15 National Oceanic and Atmospheric Administration 

16 to— 

17 (A) carry out space-based environmental 

18 monitoring; and 

19 (B) plan for future non-governmental space20 based environmental monitoring capabilities. 

21 (2) RULE OF CONSTRUCTION.—Nothing in para22 graph (1) may be construed to authorize a joint sat23 ellite program of the Department of Defense and the 

24 National Oceanic and Atmospheric Administration. 


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1 (b) REPORT.—Not later than 120 days after the date 

2 of the enactment of this Act, the Secretary and the Director 

3 shall jointly submit to the appropriate congressional com4 mittees a report on the mechanisms established under sub5 section (a)(1). 

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means— 

9 (1) the congressional defense committees; 

10 (2) the Committee on Science, Space, and Tech11 nology of the House of Representatives; and 

12 (3) the Committee on Commerce, Science, and 

13 Transportation of the Senate. 

14 SEC. 1606. PROHIBITION ON USE OF CERTAIN NON-ALLIED 

15 POSITIONING, NAVIGATION, AND TIMING SYS16 TEMS. 

17 (a) PROHIBITION.—During the period beginning not 

18 later than 60 days after the date of the enactment of this 

19 Act and ending on September 30, 2018, the Secretary of 

20 Defense shall ensure that the Armed Forces and each ele21 ment of the Department of Defense do not use a non-allied 

22 positioning, navigation, and timing system or service pro23 vided by such a system. 

24 (b) WAIVER.—The Secretary may waive the prohibi25 tion in subsection (a) if— 


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1 (1) the Secretary determines that the waiver is— 

2 (A) in the national security interest of the 

3 United States; and 

4 (B) necessary to mitigate exigent oper5 ational concerns; 

6 (2) the Secretary notifies, in writing, the appro7 priate congressional committees of such waiver; and 

8 (3) a period of 30 days has elapsed following the 

9 date of such notification. 

10 (c) ASSESSMENT.—Not later than 120 days after the 

11 date of the enactment of this Act, the Secretary of Defense, 

12 the Chairman of the Joint Chiefs of Staff, and the Director 

13 of National Intelligence shall jointly submit to the appro14 priate congressional committees an assessment of the risks 

15 to national security and to the operations and plans of the 

16 Department of Defense from using a non-allied positioning, 

17 navigation, and timing system or service provided by such 

18 a system. Such assessment shall— 

19 (1) address risks regarding— 

20 (A) espionage, counterintelligence, and tar21 geting; 

22 (B) the use of the Global Positioning Sys23 tem by allies and partners of the United States 

24 and others; and 


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1 (C) harmful interference to the Global Posi2 tioning System; and 

3 (2) include any other matters the Secretary, the 

4 Chairman, and the Director determine appropriate. 

5 (d) DEFINITIONS.—In this section: 

6 (1) The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the congressional defense committees; 

9 and 

10 (B) the Permanent Select Committee on In11 telligence of the House of Representatives and the 

12 Select Committee on Intelligence of the Senate. 

13 (2) The term ‘‘non-allied positioning, naviga14 tion, and timing system’’ means any of the following 

15 systems: 

16 (A) The Beidou system. 

17 (B) The Glonass global navigation satellite 

18 system. 

19 SEC. 1607. LIMITATION OF AVAILABILITY OF FUNDS FOR 

20 THE JOINT SPACE OPERATIONS CENTER MIS21 SION SYSTEM. 

22 Of the funds authorized to be appropriated by this Act 

23 or otherwise made available for fiscal year 2017 for incre24 ment 3 of the Joint Space Operations Center Mission Sys25 tem, not more than 25 percent may be obligated or expended 


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1 until the date on which the Secretary of the Air Force, in 

2 coordination with the Commander of the United States 

3 Strategic Command, submits to the congressional defense 

4 committees a report on such increment, including— 

5 (1) an acquisition strategy for such increment; 

6 (2) the requirements of such increment; 

7 (3) the funding and schedule for such increment; 

8 (4) the strategy for use of commercially available 

9 capabilities, as appropriate, relating to such incre10 ment to rapidly address warfighter requirements, in11 cluding the market research and evaluation of such 

12 commercial capabilities; and 

13 (5) the relationship of such increment with the 

14 other related activities and investments of the Depart15 ment of Defense. 

16 SEC. 1608. SPACE-BASED INFRARED SYSTEM AND AD17 VANCED EXTREMELY HIGH FREQUENCY PRO18 GRAM. 

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

20 (1) The recently completed analysis of alter21 natives for the space-based infrared system program 

22 identified the cost and capability trades of various al23 ternatives, however the criteria and assessment for re24 silience and mission assurance was undefined. 


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1 (2) The analysis of alternatives for the advanced 

2 extremely high frequency program is ongoing. 

3 (b) LIMITATION ON DEVELOPMENT AND ACQUISITION

4 OF ALTERNATIVES.— 

5 (1) LIMITATION.—Except as provided by para6 graph (4), the Secretary of Defense may not develop 

7 or acquire an alternative to the space-based infrared 

8 system program of record or develop or acquire an al9 ternative to the advanced extremely high frequency 

10 program of record until the date on which the Com11 mander of the United States Strategic Command and 

12 the Director of the Space Security and Defense Pro13 gram, in consultation with the Defense Intelligence 

14 Officer for Science and Technology of the Defense In15 telligence Agency, jointly submit to the appropriate 

16 congressional committees the assessments described in 

17 paragraph (2) for the respective program. 

18 (2) ASSESSMENT.—The assessments described in 

19 this paragraph are— 

20 (A) an assessment of the resilience and mis21 sion assurance of each alternative to the space22 based infrared system being considered by the 

23 Secretary of the Air Force; and 

24 (B) an assessment of the resilience and mis25 sion assurance of each alternative to the adVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 vanced extremely high frequency program being 

2 considered by the Secretary of the Air Force. 

3 (3) ELEMENTS.—An assessment described in 

4 paragraph (2) shall include, with respect to each al5 ternative to the space-based infrared system program 

6 of record and each alternative to the advanced ex7 tremely high frequency program of record being con8 sidered by the Secretary of the Air Force, the fol9 lowing: 

10 (A) The requirements for resilience and 

11 mission assurance. 

12 (B) The criteria to measure such resilience 

13 and mission assurance. 

14 (C) How the alternative affects— 

15 (i) deterrence and full spectrum 

16 warfighting; 

17 (ii) warfighter requirements and rel18 ative costs to include ground station and 

19 user terminals; 

20 (iii) the potential order of battle of ad21 versaries; and 

22 (iv) the required capabilities of the 

23 broader space security and defense enter24 prise. 


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1 (4) EXCEPTION.—The limitation in paragraph 

2 (1) shall not apply to efforts to examine and develop 

3 technology insertion opportunities for the space-based 

4 infrared system program of record or the satellite 

5 communications programs of record. 

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means the following: 

9 (1) With respect to the submission of the assess10 ment described in subparagraph (A) of subsection 

11 (b)(2), the— 

12 (A) the congressional defense committees; 

13 and 

14 (B) the Permanent Select Committee on In15 telligence of the House of Representatives. 

16 (2) With respect to the submission of the assess17 ment described in subparagraph (B) of subsection 

18 (b)(2), the congressional defense committees. 

19 SEC. 1609. PLANS ON TRANSFER OF ACQUISITION AND 

20 FUNDING AUTHORITY OF CERTAIN WEATHER 

21 MISSIONS TO NATIONAL RECONNAISSANCE 

22 OFFICE. 

23 (a) LIMITATION.— 

24 (1) IN GENERAL.—Of the funds authorized to be 

25 appropriated or otherwise made available for fiscal 


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1 year 2017 for research, development, test, and evalua2 tion, Air Force, for the weather satellite follow-on sys3 tem, not more than 50 percent may be obligated or 

4 expended until the date on which the Secretary of the 

5 Air Force submits to the appropriate congressional 

6 committees the plan under paragraph (2). 

7 (2) AIR FORCE PLAN.—The Secretary shall de8 velop a plan for the Air Force to transfer, beginning 

9 with fiscal year 2018, the acquisition authority and 

10 the funding authority for covered space-based environ11 mental monitoring missions from the Air Force to the 

12 National Reconnaissance Office, including a descrip13 tion of the amount of funds that would be necessary 

14 to be transferred from the Air Force to the National 

15 Reconnaissance Office during fiscal years 2018 

16 through 2022 to carry out such plan. 

17 (b) NRO PLAN.— 

18 (1) IN GENERAL.—The Director of the National 

19 Reconnaissance Office shall develop a plan for the Na20 tional Reconnaissance Office to address how to carry 

21 out covered space-based environmental monitoring 

22 missions. Such plan shall include— 

23 (A) a description of the related national se24 curity requirements for such missions; 


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1 (B) a description of the appropriate man2 ner to meet such requirements; and 

3 (C) the amount of funds that would be nec4 essary to be transferred from the Air Force to the 

5 National Reconnaissance Office during fiscal 

6 years 2018 through 2022 to carry out such plan. 

7 (2) ACTIVITIES.—In developing the plan under 

8 paragraph (1), the Director may conduct pre-acquisi9 tion activities, including with respect to requests for 

10 information, analyses of alternatives, study contracts, 

11 modeling and simulation, and other activities the Di12 rector determines necessary to develop such 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 31, 

16 United States Code, the Director shall submit to the 

17 appropriate congressional committees the plan under 

18 paragraph (1). 

19 (c) INDEPENDENT COST ESTIMATE.—The Director of 

20 the Cost Assessment Improvement Group of the Office of the 

21 Director of National Intelligence, in coordination with the 

22 Director of Cost Assessment and Program Evaluation, shall 

23 certify to the appropriate congressional committees that the 

24 amounts of funds identified under subsections (a)(2) and 

25 (b)(1)(C) as being necessary to transfer are appropriate and 


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1 include funding for positions and personnel to support pro2 gram 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 In8 telligence of the House of Representatives; and 

9 (C) the Select Committee on Intelligence of 

10 the Senate. 

11 (2) The term ‘‘covered space-based environmental 

12 monitoring missions’’ means the acquisition programs 

13 necessary to meet the national security requirements 

14 for cloud characterization and theater weather im15 agery. 

16 SEC. 1610. PILOT PROGRAM ON COMMERCIAL WEATHER 

17 DATA. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of Defense 

20 shall establish a pilot program to assess the viability of 

21 commercial satellite weather data to support requirements 

22 of the Department of Defense. 

23 (b) COMMERCIAL WEATHER DATA.—Of the funds au24 thorized to be appropriated by this Act or otherwise made 

25 available for fiscal year 2017 for the Secretary of Defense 


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1 to carry out the pilot program under subsection (a), not 

2 more than $3,000,000 may be obligated or expended to 

3 carry out such pilot program by purchasing and evaluating 

4 commercial weather data that meets the standards and 

5 specifications set by the Department of Defense. 

6 (c) DURATION.—The Secretary may carry out the pilot 

7 program under subsection (a) for a period not exceeding 

8 one year. 

9 (d) BRIEFINGS.— 

10 (1) INTERIM BRIEFING.—Not later than 60 days 

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall provide a briefing to the Com13 mittees on Armed Services of the House of Represent14 atives and the Senate (and to any other congressional 

15 defense committee upon request) demonstrating how 

16 the Secretary plans to implement the pilot program 

17 under subsection (a). 

18 (2) FINAL BRIEFING.—Not later than 90 days 

19 after the pilot program under subsection (a) is com20 pleted, the Secretary shall provide a briefing to the 

21 Committees on Armed Services of the House of Rep22 resentatives and the Senate (and to any other congres23 sional defense committee upon request) on the utility, 

24 cost, and other considerations regarding the purchase 


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1 of commercial satellite weather data to support the re2 quirements of the Department of Defense. 

3 SEC. 1611. ORGANIZATION AND MANAGEMENT OF NA4 TIONAL SECURITY SPACE ACTIVITIES OF THE 

5 DEPARTMENT OF DEFENSE. 

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

7 (1) National security space capabilities are a 

8 vital element of the national defense of the United 

9 States. 

10 (2) The advantages of the United States in na11 tional security space are now threatened to an un12 precedented degree by growing and serious 

13 counterspace capabilities of potential foreign adver14 saries, and the space advantages of the United States 

15 must be protected. 

16 (3) The Department of Defense has recognized 

17 the threat and has taken initial steps necessary to de18 fend space, however the organization and manage19 ment may not be strategically postured to fully ad20 dress this changed domain of operations over the long 

21 term. 

22 (4) The defense of space is currently a priority 

23 for the leaders of the Department, however the space 

24 mission is managed within competing priorities of 

25 each of the Armed Forces. 


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1 (5) Space elements provide critical capabilities 

2 to all of the Armed Forces in the joint fight, however 

3 the disparate activities throughout the Department 

4 have no single leader that is empowered to make deci5 sions affecting the space forces of the Department. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that, to modernize and fully address the growing threat to 

8 the national security space advantage of the United States, 

9 the Secretary of Defense must evaluate the range of options 

10 and take further action to strengthen the leadership, man11 agement, and organization of the national security space 

12 activities of the Department of Defense, including with re13 spect to— 

14 (1) unifying, integrating, and de-conflicting ac15 tivities to provide for stronger prioritization, account16 ability, coherency, focus, strategy, and integration of 

17 the joint space program of the Department; 

18 (2) streamlining decision-making, limiting un19 necessary bureaucracy, and empowering the appro20 priate level of authority, while enabling effective over21 sight; 

22 (3) maintaining the involvement of each of the 

23 Armed Forces and adapting the culture and improv24 ing the capabilities of the workforce to ensure the 


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1 workforce has the appropriate training, experience, 

2 and tools to accomplish the mission; and 

3 (4) reviewing authorities and preparing for a 

4 conflict that could extend to space. 

5 (c) RECOMMENDATIONS.—Not later than 180 days 

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

7 of Defense and the Director of the Office of Management 

8 and Budget shall each separately submit to the appropriate 

9 congressional committees recommendations, in accordance 

10 with subsection (b), to strengthen the leadership, manage11 ment, and organization of the Department of Defense with 

12 respect to the national security space activities of the De13 partment. 

14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

15 this section, the term ‘‘appropriate congressional commit16 tees’’ means the following: 

17 (1) The congressional defense committees. 

18 (2) The Permanent Select Committee on Intel19 ligence of the House of Representatives and the Select 

20 Committee on Intelligence of the Senate. 

21 SEC. 1612. REVIEW OF CHARTER OF OPERATIONALLY RE22 SPONSIVE SPACE PROGRAM OFFICE. 

23 (a) REVIEW.—The Secretary of Defense shall conduct 

24 a review of charter of the Operationally Responsive Space 

25 Program Office established by section 2273a of title 10, 


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1 United States Code (in this section referred to as the ‘‘Of2 fice’’). 

3 (b) ELEMENTS.—The review under subsection (a) shall 

4 include the following: 

5 (1) A review of the key operationally responsive 

6 space needs with respect to the warfighter and with 

7 respect to national security. 

8 (2) How the Office could fit into the broader re9 silience and space security strategy of the Department 

10 of Defense. 

11 (3) An assessment of the potential of the Office 

12 to focus on the reconstitution capabilities with small 

13 satellites using low-cost launch vehicles and existing 

14 infrastructure. 

15 (4) An assessment of the potential of the Office 

16 to leverage existing or planned commercial capabili17 ties. 

18 (5) A review of the necessary workforce special19 ties and acquisition authorities of the Office. 

20 (6) A review of the funding profile of the Office. 

21 (7) A review of the organizational placement and 

22 reporting structure of the Office. 

23 (c) REPORT.—Not later than 180 days after the date 

24 of the enactment of this Act, the Secretary shall submit to 

25 the congressional defense committees a report containing the 


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1 review under subsection (a), including any recommenda2 tions for legislative actions based on such review. 

3 SEC. 1613. BACKUP AND COMPLEMENTARY POSITIONING, 

4 NAVIGATION, AND TIMING CAPABILITIES OF 

5 GLOBAL POSITIONING SYSTEM. 

6 (a) STUDY.— 

7 (1) IN GENERAL.—The covered Secretaries shall 

8 jointly conduct a study to assess and identify the 

9 technology-neutral requirements to backup and com10 plement the positioning, navigation, and timing ca11 pabilities of the Global Positioning System for na12 tional security and critical infrastructure. 

13 (2) REPORT.—Not later than one year after the 

14 date of the enactment of this Act, the covered Secre15 taries shall submit to the appropriate congressional 

16 committees a report on the study under paragraph 

17 (1). Such report shall include— 

18 (A) with respect to the Department of each 

19 covered Secretary, the identification of the re20 spective requirements to backup and complement 

21 the positioning, navigation, and timing capabili22 ties of the Global Positioning System for na23 tional security and critical infrastructure; 

24 (B) an analysis of alternatives to meet such 

25 requirements, including, at a minimum— 


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1 (i) an analysis of the viability of a 

2 public-private partnership to establish a 

3 complementary positioning, navigation, and 

4 timing system; and 

5 (ii) an analysis of the viability of serv6 ice level agreements to operate a com7 plementary positioning, navigation, and 

8 timing system; and 

9 (C) a plan and estimated costs, schedule, 

10 and system level technical considerations, includ11 ing end user equipment and integration consid12 erations, to meet such requirements. 

13 (b) SINGLE DESIGNATED OFFICIAL.—Each covered 

14 Secretary shall designate a single senior official of the De15 partment of the Secretary to act as the primary representa16 tive of such Department for purposes of conducting the 

17 study under subsection (a)(1). 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the congressional defense committees; 

22 (B) the Committee on Science, Space, and 

23 Technology, the Committee on Transportation 

24 and Infrastructure, and the Committee on 


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1 Homeland Security of the House of Representa2 tives; and 

3 (C) the Committee on Commerce, Science, 

4 and Transportation and the Committee on 

5 Homeland Security and Governmental Affairs of 

6 the Senate. 

7 (2) The term ‘‘covered Secretaries’’ means the 

8 Secretary of Defense, the Secretary of Transportation, 

9 and the Secretary of Homeland Security. 

10 Subtitle B—Defense Intelligence 

11 and Intelligence-Related Activities 

12 SEC. 1621. LIMITATION ON AVAILABILITY OF FUNDS FOR IN13 TELLIGENCE MANAGEMENT. 

14 (a) LIMITATION.—Of the funds authorized to be appro15 priated by this Act or otherwise made available for fiscal 

16 year 2017 for operation and maintenance, Defense-wide, for 

17 intelligence management, not more than 95 percent may be 

18 obligated or expended until the date on which the Under 

19 Secretary of Defense for Intelligence submits to the appro20 priate congressional committees the reports on counterintel21 ligence activities described in any classified annex accom22 panying this Act. 

23 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means the following: 


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1 (1) The congressional defense committees. 

2 (2) The Permanent Select Committee on Intel3 ligence of the House of Representatives. 

4 SEC. 1622. LIMITATIONS ON AVAILABILITY OF FUNDS FOR 

5 UNITED STATES CENTRAL COMMAND INTEL6 LIGENCE FUSION CENTER. 

7 (a) LIMITATIONS.—Of the funds authorized to be ap8 propriated by this Act or otherwise made available for fiscal 

9 year 2017 for the Intelligence Fusion Center of the United 

10 States Central Command— 

11 (1) 25 percent may not be obligated or expended 

12 until— 

13 (A) the Commander of the United States 

14 Central Command submits to the appropriate 

15 congressional committees the report under sub16 section (b); and 

17 (B) a period of 15 days has elapsed fol18 lowing the date of such submission; and 

19 (2) 25 percent may not be obligated or expended 

20 until— 

21 (A) the Commander submits to such com22 mittees the report under subsection (c); and 

23 (B) a period of 15 days has elapsed fol24 lowing the date of such submission. 


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1 (b) REPORT ON PROCEDURES.—The Commander shall 

2 submit to the appropriate congressional committees a report 

3 on the steps taken by the Commander to formalize and dis4 seminate procedures for establishing, staffing, and oper5 ating the Intelligence Fusion Center of the United States 

6 Central Command. 

7 (c) REPORT ON IG FINDINGS.—The Commander shall 

8 submit to the appropriate congressional committees a report 

9 on the steps taken by the Commander to address the find10 ings of the final report of the Inspector General of the De11 partment of Defense regarding the processing of intelligence 

12 information by the Intelligence Directorate of the United 

13 States Central Command. 

14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘‘appropriate congres16 sional committees’’ means— 

17 (1) the congressional defense committees; and 

18 (2) the Permanent Select Committee on Intel19 ligence of the House of Representatives. 

20 SEC. 1623. LIMITATION ON AVAILABILITY OF FUNDS FOR 

21 JOINT INTELLIGENCE ANALYSIS COMPLEX. 

22 (a) LIMITATION.—Of the funds authorized to be appro23 priated by this Act or otherwise made available for fiscal 

24 year 2017 for increased intelligence manpower positions for 

25 operation of the Joint Intelligence Analysis Complex at 


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1 Royal Air Force Molesworth, United Kingdom, not more 

2 than 85 percent may be obligated or expended during fiscal 

3 year 2017 until the date on which the Secretary of Defense 

4 submits to the appropriate congressional committees the 

5 analysis under subsection (b)(1). 

6 (b) ANALYSIS.— 

7 (1) IN GENERAL.—Not later than 120 days after 

8 the date of the enactment of this Act, the Secretary of 

9 Defense, in coordination with the Director of National 

10 Intelligence, shall submit to the appropriate congres11 sional committees a revised analysis of alternatives 

12 for the basing of a new Joint Intelligence Analysis 

13 Complex that is— 

14 (A) based on the analysis of the operational 

15 requirements and costs of the United States; and 

16 (B) informed by the findings of the report 

17 of the Comptroller General of the United States 

18 on the cost estimating and basing decision proc19 ess of the Joint Intelligence Analysis Complex. 

20 (2) REQUIREMENTS.—The analysis under para21 graph (1) shall, at a minimum— 

22 (A) be conducted in a manner that— 

23 (i) uses best practices; 

24 (ii) appropriately accounts for non-re25 curring and life cycle costs, including with 


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1 respect to cost of living and projected 

2 growth in cost of living; 

3 (iii) uses objective and measurable cri4 teria for evaluating alternative locations 

5 against mission requirements; and 

6 (iv) uses reasonable and verifiable as7 sumptions; 

8 (B) include the identification and assess9 ments of— 

10 (i) possible alternative locations for the 

11 Joint Intelligence Analysis Complex at ex12 isting military installations used by the 

13 United States; and 

14 (ii) other possible cost-saving alter15 natives; 

16 (C) evaluate alternative practices to mini17 mize the number of support personnel required; 

18 (D) evaluate alternatives to building a new 

19 facility, including modifying existing facilities 

20 and using prefabricated facilities; and 

21 (E) evaluate the possibility of separating 

22 the European Command Intelligence Analytic 

23 Center, the Africa Command Intelligence Ana24 lytic Center, or the NATO Intelligence Fusion 


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1 Center from the rest of the Joint Intelligence 

2 Analysis Complex at other viable locations. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the congressional defense committees; and 

7 (2) the Permanent Select Committee on Intel8 ligence of the House of Representatives. 

9 Subtitle C—Cyberspace-Related 

10 Matters 

11 SEC. 1631. SPECIAL EMERGENCY PROCUREMENT AUTHOR12 ITY TO FACILITATE THE DEFENSE AGAINST 

13 OR RECOVERY FROM A CYBER ATTACK. 

14 Section 1903(a)(2) of title 41, United States Code, is 

15 amended by inserting ‘‘cyber,’’ before ‘‘nuclear,’’. 

16 SEC. 1632. CHANGE IN NAME OF NATIONAL DEFENSE UNI17 VERSITY’S INFORMATION RESOURCES MAN18 AGEMENT COLLEGE TO COLLEGE OF INFOR19 MATION AND CYBERSPACE. 

20 Section 2165(b)(5) of title 10, United States Code, is 

21 amended by striking ‘‘Information Resources Management 

22 College’’ and inserting ‘‘College of Information and Cyber23 space’’. 


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1 SEC. 1633. REQUIREMENT TO ENTER INTO AGREEMENTS 

2 RELATING TO USE OF CYBER OPPOSITION 

3 FORCES. 

4 (a) REQUIREMENT FOR AGREEMENTS.—Not later than 

5 September 30, 2017, the Secretary of Defense shall enter 

6 into an agreement with each combatant command relating 

7 to the use of cyber opposition forces. Each agreement shall 

8 require the command— 

9 (1) to support a high state of mission readiness 

10 in the command through the use of one or more cyber 

11 opposition forces in continuous exercises and other 

12 training activities as considered appropriate by the 

13 commander of the command; and 

14 (2) in conducting such exercises and training ac15 tivities, meet the standard required under subsection 

16 (b). 

17 (b) JOINT STANDARD FOR CYBER OPPOSITION

18 FORCES.—Not later than March 31, 2017, the Secretary of 

19 Defense shall issue a joint training and certification stand20 ard for use by all cyber opposition forces within the Depart21 ment of Defense. 

22 (c) BRIEFING REQUIRED.—Not later than September 

23 30, 2017, the Secretary of Defense shall provide to the con24 gressional defense committees a briefing on— 

25 (1) a list of each combatant command that has 

26 entered into an agreement required by subsection (a); 


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1 (2) with respect to each such agreement— 

2 (A) special conditions in the agreement 

3 placed on any cyber opposition force used by the 

4 command; 

5 (B) the process for making decisions about 

6 deconfliction and risk mitigation of cyber oppo7 sition force activities in continuous exercises and 

8 training; 

9 (C) identification of cyber opposition forces 

10 trained and certified to operate at the joint 

11 standard, as issued under subsection (b); 

12 (D) identification of the annual exercises 

13 that will include participation of the cyber oppo14 sition forces; 

15 (E) identification of any shortfalls in re16 sources that may prevent annual exercises using 

17 cyber opposition forces; and 

18 (3) any other matters the Secretary of Defense 

19 considers appropriate. 

20 SEC. 1634. LIMITATION ON AVAILABILITY OF FUNDS FOR 

21 CRYPTOGRAPHIC SYSTEMS AND KEY MAN22 AGEMENT INFRASTRUCTURE. 

23 (a) LIMITATION.—Of the funds authorized to be appro24 priated by this Act or otherwise made available for fiscal 

25 year 2017 for cryptographic systems and key management 


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1 infrastructure, not more than 75 percent may be obligated 

2 or expended until the date on which the Secretary of De3 fense, in consultation with the Director of the National Se4 curity Agency, submits to the appropriate congressional 

5 committees a report on the integration of the cryptographic 

6 modernization and key management infrastructure pro7 grams of the military departments, including a description 

8 of how the military departments have implemented stronger 

9 leadership, increased integration, and reduced redundancy 

10 with respect to such modernization and programs. 

11 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means the following: 

14 (1) The congressional defense committees. 

15 (2) The Permanent Select Committee on Intel16 ligence of the House of Representatives. 

17 Subtitle D—Nuclear Forces 

18 SEC. 1641. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF 

19 NATIONAL LEADERSHIP COMMAND, CON20 TROL, AND COMMUNICATIONS SYSTEM. 

21 (a) RESPONSIBILITIES.—Subsection (d) of section 

22 171a of title 10, United States Code, is amended— 

23 (1) in paragraph (1), by inserting before the pe24 riod the following: ‘‘, and including with respect to 

25 the integrated tactical warning and attack assessment 


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1 systems, processes, and enablers, and continuity of the 

2 governmental functions of the Department of De3 fense’’; and 

4 (2) in paragraph (2)(C), by inserting before the 

5 period the following: ‘‘(including space system archi6 tectures and associated user terminals and ground 

7 segments)’’. 

8 (b) ENSURING CAPABILITIES.—Such section is further 

9 amended— 

10 (1) by redesignating subsection (i) as subsection 

11 (k); and 

12 (2) by inserting after subsection (h) the following 

13 new subsections: 

14 ‘‘(i) REPORTS ON SPACE ARCHITECTURE DEVELOP15 MENT.—(1) Not less than 90 days before each of the dates 

16 on which a system described in paragraph (2) achieves 

17 Milestone A or Milestone B approval, the Under Secretary 

18 of Defense for Acquisitions, Technology, and Logistics shall 

19 submit to the congressional defense committees a report pre20 pared by the Council detailing the implications of any 

21 changes to the architecture of such a system with respect 

22 to the systems, capabilities, and programs covered under 

23 subsection (d). 

24 ‘‘(2) A system described in this paragraph is any of 

25 the following: 


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1 ‘‘(A) Advanced extremely high frequency sat2 ellites. 

3 ‘‘(B) The space-based infrared system. 

4 ‘‘(C) The integrated tactical warning and attack 

5 assessment system and its command and control sys6 tem. 

7 ‘‘(D) The enhanced polar system. 

8 ‘‘(3) In this subsection, the terms ‘Milestone A ap9 proval’ and ‘Milestone B approval’ have the meanings given 

10 such terms in section 2366(e) of this title. 

11 ‘‘(j) NOTIFICATION OF REDUCTION OF CERTAIN WARN12 ING TIME.—(1) None of the funds authorized to be appro13 priated or otherwise made available to the Department of 

14 Defense for any fiscal year may be used to change any com15 mand, control, and communications system described in 

16 subsection (d)(1) in a manner that reduces the warning 

17 time provided to the national leadership of the United 

18 States with respect to a warning of a strategic missile at19 tack on the United States unless— 

20 ‘‘(A) the Secretary of Defense notifies the con21 gressional defense committees of such proposed change 

22 and reduction; and 

23 ‘‘(B) a period of one year elapses following the 

24 date of such notification. 


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1 ‘‘(2) Not later than March 1, 2017, and each year 

2 thereafter, the Council shall determine whether the inte3 grated tactical warning and attack assessment system and 

4 its command and control system have met all warfighter 

5 requirements for operational availability, survivability, 

6 and endurability. If the Council determines that such sys7 tems have not met such requirements, the Secretary of De8 fense and the Chairman shall jointly submit to the congres9 sional defense committees— 

10 ‘‘(A) an explanation for such negative deter11 mination; 

12 ‘‘(B) a description of the mitigations that are in 

13 place or being put in place as a result of such nega14 tive determination; and 

15 ‘‘(C) the plan of the Secretary and the Chairman 

16 to ensure that the Council is able to make a positive 

17 determination in the following year.’’. 

18 (d) REPORTING REQUIREMENTS.—Subsection (e) of 

19 such section is amended by striking ‘‘At the same time’’ 

20 and all that follows through ‘‘title 31,’’ and inserting the 

21 following: ‘‘During the period preceding January 31, 2021, 

22 at the same time each year that the budget of the President 

23 is submitted to Congress pursuant to section 1105(a) of title 

24 31, and from time to time after such period at the discretion 

25 of the Council,’’. 


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1 SEC. 1642. TREATMENT OF CERTAIN SENSITIVE INFORMA2 TION BY STATE AND LOCAL GOVERNMENTS. 

3 (a) SPECIAL NUCLEAR MATERIAL.—Section 128 of 

4 title 10, United States Code, is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(d) Information that the Secretary prohibits to be dis7 seminated pursuant to subsection (a) that is provided to 

8 a State or local government shall remain under the control 

9 of the Department of Defense, and a State or local law au10 thorizing or requiring a State or local government to dis11 close such information shall not apply to such informa12 tion.’’. 

13 (b) CRITICAL INFRASTRUCTURE SECURITY INFORMA14 TION.—Section 130e of such title is amended— 

15 (1) by redesignating subsection (c) as subsection 

16 (f) and moving such subsection, as so redesignated, to 

17 appear after subsection (e); and 

18 (2) by striking subsection (b) and inserting the 

19 following new subsections: 

20 ‘‘(b) DESIGNATION OF DEPARTMENT OF DEFENSE

21 CRITICAL INFRASTRUCTURE SECURITY INFORMATION.—In 

22 addition to any other authority or requirement regarding 

23 protection from dissemination of information, the Secretary 

24 may designate information as being Department of Defense 

25 critical infrastructure security information, including dur26 ing the course of creating such information, to ensure that 


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1 such information is not disseminated without authoriza2 tion. Information so designated is subject to the determina3 tion process under subsection (a) to determine whether to 

4 exempt such information from disclosure described in such 

5 subsection. 

6 ‘‘(c) INFORMATION PROVIDED TO STATE AND LOCAL

7 GOVERNMENTS.—(1) Department of Defense critical infra8 structure security information covered by a written deter9 mination under subsection (a) or designated under sub10 section (b) that is provided to a State or local government 

11 shall remain under the control of the Department of De12 fense. 

13 ‘‘(2)(A) A State or local law authorizing or requiring 

14 a State or local government to disclose Department of De15 fense critical infrastructure security information that is 

16 covered by a written determination under subsection (a) 

17 shall not apply to such information. 

18 ‘‘(B) If a person requests pursuant to a State or local 

19 law that a State or local government disclose information 

20 that is designated as Department of Defense critical infra21 structure security information under subsection (b), the 

22 State or local government shall provide the Secretary an 

23 opportunity to carry out the determination process under 

24 subsection (a) to determine whether to exempt such informa25 tion from disclosure pursuant to subparagraph (A).’’. 


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1 (c) CONFORMING AMENDMENTS.— 

2 (1) SECTION 128.—Section 128 of such title is 

3 further amended in the section heading by striking 

4 ‘‘Physical’’ and inserting ‘‘Control and phys5 ical’’. 

6 (2) SECTION 130E.—Section 130e of such title is 

7 further amended— 

8 (A) by striking the section heading and in9 serting the following new section heading: 

10 ‘‘Control and protection of critical in11 frastructure security information’’; 

12 (B) in subsection (a), by striking the sub13 section heading and inserting the following new 

14 subsection heading; ‘‘EXEMPTION FROM FREE15 DOM OF INFORMATION ACT.—’’; 

16 (C) in subsection (d), by striking the sub17 section heading and inserting the following new 

18 subsection heading: ‘‘DELEGATION OF DETER19 MINATION AUTHORITY.—’’; and 

20 (D) in subsection (e), by striking the sub21 section heading and inserting the following new 

22 subsection heading: ‘‘TRANSPARENCY OF DETER23 MINATIONS.—’’. 

24 (d) CLERICAL AMENDMENTS.—The table of sections at 

25 the beginning of chapter 3 of such title is amended— 


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1 (1) by striking the item relating to section 128 

2 and inserting the following new item: 

‘‘128. Control and physical protection of special nuclear material: limitation on 

dissemination of unclassified information.’’; and 

3 (2) by striking the item relating to section 130e 

4 and inserting the following new item: 

‘‘130e. Control and protection of critical infrastructure security information.’’. 

5 SEC. 1643. PROCUREMENT AUTHORITY FOR CERTAIN PARTS 

6 OF INTERCONTINENTAL BALLISTIC MISSILE 

7 FUZES. 

8 (a) AVAILABILITY OF FUNDS.—Notwithstanding sec9 tion 1502(a) of title 31, United States Code, of the amount 

10 authorized to be appropriated for fiscal year 2017 by sec11 tion 101 and available for Missile Procurement, Air Force, 

12 as specified in the funding table in section 4101, 

13 $17,095,000 shall be available for the procurement of cov14 ered parts pursuant to contracts entered into under section 

15 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ Mckeon 

16 National Defense Authorization Act for Fiscal Year 2015 

17 (Public Law 113–291; 128 Stat. 3651). 

18 (b) COVERED PARTS DEFINED.—In this section, the 

19 term ‘‘covered parts’’ means commercially available off-the20 shelf items as defined in section 104 of title 41, United 

21 States Code. 


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1 SEC. 1644. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

2 MOBILE VARIANT OF GROUND-BASED STRA3 TEGIC DETERRENT MISSILE. 

4 None of the funds authorized to be appropriated by this 

5 Act or otherwise made available for any of fiscal years 2017 

6 or 2018 may be obligated or expended to retain the option 

7 for, or develop, a mobile variant of the ground-based stra8 tegic deterrent missile. 

9 SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS FOR 

10 EXTENSION OF NEW START TREATY. 

11 (a) LIMITATION.—None of the funds authorized to be 

12 appropriated by this Act or otherwise made available for 

13 fiscal year 2017 or any other fiscal year for the Department 

14 of Defense may be obligated or expended to extend the New 

15 START Treaty unless— 

16 (1) the Chairman of the Joint Chiefs of Staff 

17 submits the report under subsection (b); 

18 (2) the Director of National Intelligence submits 

19 the National Intelligence Estimate under subsection 

20 (c)(2); and 

21 (3) a period of 180 days elapses following the 

22 submission of both the report and the National Intel23 ligence Estimate. 

24 (b) REPORT.—The Chairman of the Joint Chiefs of 

25 Staff shall submit to the appropriate congressional commit26 tees a report detailing the following: 


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1 (1) The impacts on the nuclear forces and force 

2 planning of the United States with respect to a State 

3 Party to the New START Treaty developing a capa4 bility to conduct a rapid reload of its ballistic mis5 siles. 

6 (2) Whether any State Party to the New START 

7 Treaty has significantly increased its upload capa8 bility with non-deployed nuclear warheads and the 

9 degree to which such developments impact crisis sta10 bility and the nuclear forces, force planning, use con11 cepts, and deterrent strategy of the United States. 

12 (3) The extent to which non-treaty-limited nu13 clear or strategic conventional systems pose a threat 

14 to the United States or the allies of the United States. 

15 (4) The extent to which violations of arms con16 trol treaty and agreement obligations pose a risk to 

17 the national security of the United States and the al18 lies of the United States, including the perpetuation 

19 of violations ongoing as of the date of the enactment 

20 of this Act, as well as potential further violations. 

21 (5) The extent to which— 

22 (A) the ‘‘escalate-to-deescalate’’ nuclear use 

23 doctrine of the Russian Federation is deterred 

24 under the current nuclear force structure, weapVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 ons capabilities, and declaratory policy of the 

2 United States; and 

3 (B) deterring the implementation of such a 

4 doctrine has been integrated into the warplans of 

5 the United States. 

6 (6) The status of the nuclear weapons, nuclear 

7 weapons infrastructure, and nuclear command and 

8 control modernization activities of the United States, 

9 and the impact such status has on plans to— 

10 (A) implement the reduction of the nuclear 

11 weapons of the United States; or 

12 (B) further reduce the numbers and types of 

13 such weapons. 

14 (7) Whether, and if so, the reasons that, the New 

15 START Treaty, and the extension of the treaty as of 

16 the date of the report, is in the national security in17 terests of the United States. 

18 (c) NATIONAL INTELLIGENCE ESTIMATE.— 

19 (1) PRODUCTION.—The Director of National In20 telligence shall produce a National Intelligence Esti21 mate on the following: 

22 (A) The nuclear forces and doctrine of the 

23 Russian Federation. 

24 (B) The nuclear weapons research and pro25 duction capability of Russia. 


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1 (C) The compliance of Russia with respect 

2 to arms control obligations (including treaties, 

3 agreements, and other obligations). 

4 (D) The doctrine of Russia with respect to 

5 targeting adversary critical infrastructure and 

6 the relationship between such doctrine and other 

7 Russian war planning, including, at a min8 imum, ‘‘escalate-to-deescalate’’ concepts. 

9 (2) SUBMISSION.—The Director of National In10 telligence shall submit. consistent with the protection 

11 of sources and methods, to the appropriate congres12 sional committees the National Intelligence Estimate 

13 produced under paragraph (1). 

14 (d) DEFINITIONS.—In this section: 

15 (1) The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the Committees on Armed Services of 

18 the House of Representatives and the Senate; 

19 (B) the Committee on Foreign Affairs of the 

20 House of Representatives and the Committee on 

21 Foreign Relations of the Senate; and 

22 (C) the Permanent Select Committee on In23 telligence of the House of Representatives and the 

24 Select Committee on Intelligence of the Senate. 


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1 (2) The term ‘‘New START Treaty’’ means the 

2 Treaty between the United States of America and the 

3 Russian Federation on Measures for the Further Re4 duction and Limitation of Strategic Offensive Arms, 

5 signed on April 8, 2010, and entered into force on 

6 February 5, 2011. 

7 SEC. 1646. CONSOLIDATION OF NUCLEAR COMMAND, CON8 TROL, AND COMMUNICATIONS FUNCTIONS OF 

9 THE AIR FORCE. 

10 (a) ROLE OF MAJOR COMMAND.— 

11 (1) CONSOLIDATION.—Not later than March 31, 

12 2017, the Secretary of the Air Force shall consolidate 

13 under a major command commanded by a single gen14 eral officer the responsibility, authority, account15 ability, and resources for carrying out the nuclear 

16 command, control, and communications functions of 

17 the Air Force, including, at a minimum, with respect 

18 to the following: 

19 (A) All terrestrial and aerial components of 

20 the nuclear command and control system that 

21 are survivable and endurable. 

22 (B) All terrestrial and aerial components of 

23 the integrated tactical warning and attack as24 sessment system that are survivable and endur25 able. 


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1 (2) OVERSIGHT AND BUDGET APPROVAL.—Not 

2 later than March 31, 2017, in addition to the respon3 sibility, authority, accountability, and resources for 

4 carrying out the nuclear command, control, and com5 munications functions of the Air Force provided to a 

6 commander of a major command under paragraph 

7 (1), the Secretary shall provide to the commander the 

8 responsibility, authority, accountability, and re9 sources to— 

10 (A) conduct oversight over all components of 

11 the nuclear command and control system and the 

12 integrated tactical warning and attack assess13 ment system, regardless of the location or the 

14 endurability of such components; and 

15 (B) approve or disapprove of any budgetary 

16 actions related to all components of the nuclear 

17 command and control system and the integrated 

18 tactical warning and attack assessment system, 

19 regardless of the location or the endurability of 

20 such components. 

21 (b) REPORT.—Not later than January 15, 2017, the 

22 Secretary shall submit to the congressional defense commit23 tees a report on the plans and actions taken by the Sec24 retary to carry out subsection (a), including any guidance, 

25 directives, and orders that have been or will be issued by 


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1 the Secretary, the Chief of Staff of the Air Force, or other 

2 elements of the Air Force to carry out subsection (a). 

3 SEC. 1647. REPORT ON RUSSIAN AND CHINESE POLITICAL 

4 AND MILITARY LEADERSHIP SURVIVABILITY, 

5 COMMAND AND CONTROL, AND CONTINUITY 

6 OF GOVERNMENT PROGRAMS AND ACTIVI7 TIES. 

8 (a) REPORT.—Not later than January 15, 2017, the 

9 Director of National Intelligence shall submit to the appro10 priate congressional committees, consistent with the protec11 tion of sources and methods, a report on the leadership sur12 vivability, command and control, and continuity of govern13 ment programs and activities with respect to the People’s 

14 Republic of China and the Russian Federation, respectively. 

15 The report shall include the following: 

16 (1) The goals and objectives of such programs 

17 and activities of each respective country. 

18 (2) An assessment of how such programs and ac19 tivities fit into the political and military doctrine 

20 and strategy of each respective country. 

21 (3) An assessment of the size and scope of such 

22 activities, including the location and description of 

23 above-ground and underground facilities important to 

24 the political and military leadership survivability, 


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1 command and control, and continuity of government 

2 programs and activities of each respective country. 

3 (4) An identification of which facilities various 

4 senior political and military leaders of each respective 

5 country are expected to operate out of during crisis 

6 and wartime. 

7 (5) A technical assessment of the political and 

8 military means and methods for command and con9 trol in wartime of each respective country. 

10 (6) An identification of key officials and organi11 zations of each respective country involved in man12 aging and operating such facilities, programs and ac13 tivities, including the command structure for each or14 ganization involved in such programs and activities. 

15 (7) An assessment of how senior leaders of each 

16 respective country measure the effectiveness of such 

17 programs and activities. 

18 (8) An estimate of the annual cost of such pro19 grams and activities. 

20 (9) An assessment of the degree of enhanced sur21 vivability such programs and activities can be ex22 pected to provide in various military scenarios rang23 ing from limited conventional conflict to strategic nu24 clear employment. 


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1 (10) An assessment of the type and extent of for2 eign assistance, if any, in such programs and activi3 ties. 

4 (11) An assessment of the status and the effec5 tiveness of the intelligence collection of the United 

6 States on such programs and capabilities, and any 

7 gaps in such collection. 

8 (12) Any other matters the Director determines 

9 appropriate. 

10 (b) COUNCIL ASSESSMENT.—Not later than 90 days 

11 after the date on which the Director submits the report 

12 under subsection (a), the Council on Oversight of the Na13 tional Leadership Command, Control, and Communica14 tions System established by section 171a of title 10, United 

15 States Code, shall submit to the appropriate congressional 

16 committees an assessment of how the command, control, and 

17 communications systems for the national leadership of the 

18 People’s Republic of China and the Russian Federation, re19 spectively, compare to such system of the United States. 

20 (c) STRATCOM.—Together with the assessment sub21 mitted under subsection (b), the Commander of the United 

22 States Strategic Command shall submit to the appropriate 

23 congressional committees the views of the Commander on 

24 the report under subsection (a), including a detailed de25 scription for how the leadership survivability, command 


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1 and control, and continuity of government programs and 

2 activities of the People’s Republic of China and the Russian 

3 Federation, respectively, are considered in the plans and 

4 options under the responsibility of the Commander under 

5 the unified command plan. 

6 (d) FORMS.—Each report or assessment submitted 

7 under this section may be submitted in unclassified form, 

8 but may include a classified annex. 

9 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ means— 

12 (1) the congressional defense committees; and 

13 (2) the Permanent Select Committee on Intel14 ligence of the House of Representatives and the Select 

15 Committee on Intelligence of the Senate. 

16 SEC. 1648. SENSE OF CONGRESS ON IMPORTANCE OF INDE17 PENDENT NUCLEAR DETERRENT OF UNITED 

18 KINGDOM. 

19 It is the sense of Congress that— 

20 (1) the United States believes that the inde21 pendent nuclear deterrent and decision-making of the 

22 United Kingdom provides a crucial contribution to 

23 international stability, the North Atlantic Treaty Or24 ganization alliance, and the national security of the 

25 United States; 


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1 (2) nuclear deterrence is and will continue to be 

2 the highest priority mission of the Department of De3 fense and the United States benefits when the closest 

4 ally of the United States clearly and unequivocally 

5 sets similar priorities; 

6 (3) the United States sees the nuclear deterrent 

7 of the United Kingdom as central to trans-Atlantic 

8 security and to the commitment of the United King9 dom to NATO to spend two percent of gross domestic 

10 product on defense; 

11 (4) the commitment of the United Kingdom to 

12 maintain a continuous at-sea deterrence posture 

13 today and in the future complements the deterrent ca14 pabilities of the United States and provides a credible 

15 ‘‘second center of decision making’’ which ensures po16 tential attackers cannot discount the solidarity of the 

17 mutual relationship of the United States and the 

18 United Kingdom; 

19 (5) the United States Navy must execute the 

20 Ohio-class replacement submarine program on time 

21 and within budget, seeking efficiencies and cost sav22 ings wherever possible, to ensure that the program de23 livers a Common Missile Compartment, the Trident 

24 II (D5) Strategic Weapon System, and associated 

25 equipment and production capabilities, that support 


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1 the successful development and deployment of the 

2 Vanguard-successor submarines of the United King3 dom; and 

4 (6) the close technical collaboration, especially 

5 expert mutual scientific peer review, provides valuable 

6 resilience and cost effectiveness to the respective deter7 rence programs of the United States and the United 

8 Kingdom. 

9 Subtitle E—Missile Defense 

10 Programs 

11 SEC. 1651. EXTENSIONS OF PROHIBITIONS RELATING TO 

12 MISSILE DEFENSE INFORMATION AND SYS13 TEMS. 

14 (a) PROHIBITION ON INTEGRATION OF CERTAIN MIS15 SILE DEFENSE SYSTEMS.— 

16 (1) IN GENERAL.—Section 130h of title 10, 

17 United States Code, is amended— 

18 (A) by redesignating subsection (d) as sub19 section (e); 

20 (B) by inserting after subsection (c) the fol21 lowing new subsection (d): 

22 ‘‘(d) INTEGRATION.—None of the funds authorized to 

23 be appropriated or otherwise made available for any fiscal 

24 year for the Department of Defense may be obligated or ex25 pended to integrate a missile defense system of the Russian 


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1 Federation or a missile defense system of the People’s Re2 public of China into any missile defense system of the 

3 United States.’’; and 

4 (C) by striking the section heading and in5 serting the following: ‘‘Prohibitions relat6 ing to missile defense information and 

7 systems’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 3 of title 10, United 

10 States Code, is amended by striking the item relating 

11 to section 130h and inserting the following new item: 

‘‘130h. Prohibitions relating to missile defense information and systems.’’. 

12 (3) CONFORMING REPEALS.—Sections 1672 and 

13 1673 of the National Defense Authorization Act for 

14 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

15 1130) are repealed. 

16 (b) EXTENSION OF SUNSET.—Section 130h(e) of title 

17 10, United States Code, as redesignated by subsection 

18 (a)(1), is amended to read as follows: 

19 ‘‘(e) SUNSET.—The prohibitions in subsections (a), 

20 (b), and (d) shall expire on January 1, 2027.’’. 

21 SEC. 1652. REVIEW OF THE MISSILE DEFEAT POLICY AND 

22 STRATEGY OF THE UNITED STATES. 

23 (a) NEW REVIEW.—The Secretary of Defense and the 

24 Chairman of the Joint Chiefs of Staff shall jointly conduct 


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1 a new review of the missile defeat capability, policy, and 

2 strategy of the United States, with respect to— 

3 (1) left- and right-of-launch ballistic missile de4 fense for— 

5 (A) both regional and homeland purposes; 

6 and 

7 (B) the full range of active, passive, kinetic, 

8 and nonkinetic defense measures across the full 

9 spectrum of land-, air-, sea-, and space-based 

10 platforms; 

11 (2) the integration of offensive and defensive 

12 forces for the defeat of ballistic missiles, including 

13 against weapons initially deployed on ballistic mis14 siles, such as hypersonic glide vehicles; and 

15 (3) cruise missile defense of the homeland. 

16 (b) ELEMENTS.—The review under subsection (a) shall 

17 address the following: 

18 (1) The missile defeat policy, strategy, and objec19 tives of the United States in relation to the national 

20 security strategy of the United States and the mili21 tary strategy of the United States. 

22 (2) The role of deterrence in the missile defeat 

23 policy and strategy of the United States. 

24 (3) The missile defeat posture, capability, and 

25 force structure of the United States. 


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1 (4) With respect to both the five- and ten-year 

2 periods beginning on the date of the review, the 

3 planned and desired end-state of the missile defeat 

4 programs of the United States, including regarding 

5 the integration and interoperability of such programs 

6 with the joint forces and the integration and inter7 operability of such programs with allies, and specific 

8 benchmarks, milestones, and key steps required to 

9 reach such end-states. 

10 (5) The organization, discharge, and oversight of 

11 acquisition for the missile defeat programs of the 

12 United States. 

13 (6) The roles and responsibilities of the Office of 

14 the Secretary of Defense, Defense Agencies, combatant 

15 commands, the Joint Chiefs of Staff, and the military 

16 departments in such programs and the process for en17 suring accountability of each stakeholder. 

18 (7) The process for determining requirements for 

19 missile defeat capabilities under such programs, in20 cluding input from the joint military requirements 

21 process. 

22 (8) The process for determining the force struc23 ture and inventory objectives for such programs. 


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1 (9) Standards for the military utility, oper2 ational effectiveness, suitability, and survivability of 

3 the missile defeat systems of the United States. 

4 (10) The method in which resources for the mis5 sile defeat mission are planned, programmed, and 

6 budgeted within the Department of Defense. 

7 (11) The near-term and long-term costs and cost 

8 effectiveness of such programs. 

9 (12) The options for affecting the offense-defense 

10 cost curve. 

11 (13) Accountability, transparency, and oversight 

12 with respect to such programs. 

13 (14) The role of international cooperation on 

14 missile defeat in the missile defeat policy and strategy 

15 of the United States and the plans, policies, and re16 quirements for integration and interoperability of 

17 missile defeat capability with allies. 

18 (15) Options for enhancing and making routine 

19 the codevelopment of missile defeat capabilities with 

20 allies of the United States in the near-term and far21 term. 

22 (16) Declaratory policy governing the employ23 ment of missile defeat capabilities and the military 

24 options and plans and employment options of such 

25 capabilities. 


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1 (17) The role of multi-mission defense and other 

2 assets of the United States, including space and ter3 restrial sensors and plans to achieve multi-mission 

4 capability in current, planned, and other future as5 sets and acquisition programs. 

6 (18) The indications and warning required to 

7 meet the missile defeat strategy and objectives of the 

8 United States described in paragraph (1) and the key 

9 enablers and programs to achieve such indications 

10 and warning. 

11 (19) The impact of the mobility, counter12 measures, and denial and deception capabilities of 

13 adversaries on the indications and warning described 

14 in paragraph (16) and the consequences of such im15 pact for the missile defeat capability, objectives, and 

16 military options of the United States and the plans 

17 of the combatant commanders. 

18 (20) Any other matters the Secretary determines 

19 relevant. 

20 (c) REPORTS.— 

21 (1) RESULTS.—Not later than January 31, 

22 2018, the Secretary shall submit to the congressional 

23 defense committees a report setting forth the results of 

24 the review under subsection (a). 


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1 (2) FORM.—The report required by paragraph 

2 (1) shall be submitted in unclassified form, but may 

3 include a classified annex. 

4 (3) ANNUAL IMPLEMENTATION UPDATES.—Dur5 ing the five-year period beginning on the date of the 

6 submission of the report under paragraph (1), the Di7 rector of Cost Assessment and Program Evaluation 

8 shall submit to the Secretary of Defense, the Chair9 man of the Joint Chiefs of Staff, and the congres10 sional defense committees annual status updates de11 tailing the progress of the Secretary in implementing 

12 the missile defeat strategy of the United States. 

13 (4) THREAT REPORT.—Not later than 180 days 

14 after the date of the enactment of this Act, the Direc15 tor of National Intelligence shall submit to the con16 gressional defense committees, the Permanent Select 

17 Committee on Intelligence of the House of Representa18 tives, and the Select Committee on Intelligence of the 

19 Senate a report containing an unclassified summary, 

20 consistent with the protection of intelligence sources 

21 and methods, of— 

22 (A) as of the date of the report, the ballistic 

23 and cruise missile threat to the United States, 

24 deployed forces of the United States, and friends 

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1 dium-, intermediate-, and long-range nuclear 

2 and non-nuclear ballistic and cruise missile 

3 threats; and 

4 (B) an assessment of such threat in 2026. 

5 (d) NOTIFICATION.— 

6 (1) IN GENERAL.—None of the funds authorized 

7 to be appropriated by this Act or otherwise made 

8 available for fiscal year 2017 or any fiscal year there9 after for the Secretary of Defense may be obligated or 

10 expended to change the non-standard acquisition 

11 processes and responsibilities described in paragraph 

12 (2) until— 

13 (A) the Secretary notifies the congressional 

14 defense committees of such proposed change; and 

15 (B) a period of 180 days has elapsed fol16 lowing the date of such notification. 

17 (2) NON-STANDARD ACQUISITION PROCESSES AND

18 RESPONSIBILITIES DESCRIBED.—The non-standard 

19 acquisition processes and responsibilities described in 

20 this paragraph are such processes and responsibilities 

21 described in— 

22 (A) the memorandum of the Secretary of 

23 Defense titled ‘‘Missile Defense Program Direc24 tion’’ signed on January 2, 2002; and 


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1 (B) Department of Defense Directive 

2 5134.09, as in effect on the date of the enactment 

3 of this Act. 

4 (e) DESIGNATION REQUIRED.— 

5 (1) AUTHORITY.—Not later than March 31, 

6 2018, the Secretary of Defense shall designate a mili7 tary department or Defense Agency with acquisition 

8 authority with respect to— 

9 (A) the capability to defend the homeland 

10 from cruise missiles; and 

11 (B) left-of-launch ballistic missile defeat ca12 pability. 

13 (2) VALIDATION.—In making such designation 

14 under paragraph (1), the Secretary shall include a 

15 description of the manner in which the military re16 quirements for such capabilities will be validated. 

17 SEC. 1653. IRON DOME SHORT-RANGE ROCKET DEFENSE 

18 SYSTEM AND ISRAELI COOPERATIVE MISSILE 

19 DEFENSE PROGRAM CODEVELOPMENT AND 

20 COPRODUCTION. 

21 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE

22 SYSTEM.— 

23 (1) AVAILABILITY OF FUNDS.—Of the funds au24 thorized to be appropriated by section 101 for pro25 curement, Defense-wide, and available for the Missile 


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1 Defense Agency, not more than $62,000,000 may be 

2 provided to the Government of Israel to procure 

3 Tamir interceptors for the Iron Dome short-range 

4 rocket defense system, as specified in the funding table 

5 in division D, through coproduction of such intercep6 tors in the United States by industry of the United 

7 States. 

8 (2) CONDITIONS.— 

9 (A) AGREEMENT.—Funds described in 

10 paragraph (1) for the Iron Dome short-range 

11 rocket defense program shall be available subject 

12 to the terms and conditions in the Agreement Be13 tween the Department of Defense of the United 

14 States of America and the Ministry of Defense of 

15 the State of Israel Concerning Iron Dome De16 fense System Procurement, signed on March 5, 

17 2014, subject to an amended bilateral inter18 national agreement for coproduction for Tamir 

19 interceptors. In negotiations by the Missile De20 fense Agency and the Missile Defense Organiza21 tion of the Government of Israel regarding such 

22 production, the goal of the United States is to 

23 maximize opportunities for coproduction of the 

24 Tamir interceptors described in paragraph (1) 


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1 in the United States by industry of the United 

2 States. 

3 (B) CERTIFICATION.—Not later than 30 

4 days prior to the initial obligation of funds de5 scribed in paragraph (1), the Director of the 

6 Missile Defense Agency and the Under Secretary 

7 of Defense for Acquisition, Technology, and Lo8 gistics shall jointly submit to the appropriate 

9 congressional committees— 

10 (i) a certification that the bilateral 

11 international agreement specified in sub12 paragraph (A) is being implemented as pro13 vided in such bilateral international agree14 ment; and 

15 (ii) an assessment detailing any risks 

16 relating to the implementation of such bilat17 eral international agreement. 

18 (b) COOPERATIVE MISSILE DEFENSE PROGRAM CODE19 VELOPMENT AND COPRODUCTION.— 

20 (1) IN GENERAL.—Subject to paragraph (2), of 

21 the funds authorized to be appropriated for fiscal year 

22 2017 for procurement, Defense-wide, and available for 

23 the Missile Defense Agency— 

24 (A) not more than $150,000,000 may be 

25 provided to the Government of Israel to procure 


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1 the David’s Sling Weapon System, including for 

2 coproduction of parts and components in the 

3 United States by United States industry; and 

4 (B) not more than $120,000,000 may be 

5 provided to the Government of Israel for the 

6 Arrow 3 Upper Tier Interceptor Program, in7 cluding for coproduction of parts and compo8 nents in the United States by United States in9 dustry. 

10 (2) CERTIFICATION.— 

11 (A) CRITERIA.—Except as provided by 

12 paragraph (3), the Under Secretary of Defense 

13 for Acquisition, Technology, and Logistics shall 

14 submit to the appropriate congressional commit15 tees a certification that— 

16 (i) the Government of Israel has dem17 onstrated the successful completion of the 

18 knowledge points, technical milestones, and 

19 production readiness reviews required by 

20 the research, development, and technology 

21 agreements for the David’s Sling Weapon 

22 System and the Arrow 3 Upper Tier Devel23 opment Program, respectively; 

24 (ii) funds specified in subparagraphs 

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1 vided on the basis of a one-for-one cash 

2 match made by Israel for such respective 

3 systems or in another matching amount 

4 that otherwise meets best efforts (as mutu5 ally agreed to by the United States and 

6 Israel); 

7 (iii) the United States has entered into 

8 a bilateral international agreement with 

9 Israel that establishes, with respect to the 

10 use of such funds— 

11 (I) in accordance with clause (iv), 

12 the terms of coproduction of parts and 

13 components of such respective systems 

14 on the basis of the greatest practicable 

15 coproduction of parts, components, and 

16 all-up rounds (if appropriate) by 

17 United States industry and minimizes 

18 nonrecurring engineering and 

19 facilitization expenses to the costs need20 ed for coproduction; 

21 (II) complete transparency on the 

22 requirement of Israel for the number of 

23 interceptors and batteries of such re24 spective systems that will be procured, 

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1 ment plans, acquisition strategy, and 

2 funding profiles of Israel; 

3 (III) technical milestones for co4 production of parts and components 

5 and procurement of such respective sys6 tems; and 

7 (IV) joint approval processes for 

8 third-party sales of such respective sys9 tems and the components of such re10 spective systems; 

11 (iv) the level of coproduction described 

12 in clause (iii)(I) for the Arrow 3 and Da13 vid’s Sling Weapon System is not less than 

14 50 percent; and 

15 (v) such funds may not be obligated or 

16 expended to cover costs related to any 

17 delays, including delays with respect to ex18 changing technical data or specifications. 

19 (B) NUMBER.—In carrying out subpara20 graph (A), the Under Secretary may submit— 

21 (i) one certification covering both the 

22 David’s Sling Weapon System and the 

23 Arrow 3 Upper Tier Interceptor Program; 

24 or 


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1 (ii) separate certifications for each 

2 such respective system. 

3 (C) TIMING.—The Under Secretary shall 

4 submit to the congressional defense committees 

5 the certification under subparagraph (A) by not 

6 later than 60 days before the funds specified in 

7 paragraph (1) for the respective system covered 

8 by the certification are provided to the Govern9 ment of Israel. 

10 (3) WAIVER.—The Under Secretary may waive 

11 the certification required by paragraph (2) if the 

12 Under Secretary certifies to the appropriate congres13 sional committees that the Under Secretary has re14 ceived sufficient data from the Government of Israel 

15 to demonstrate— 

16 (A) the funds specified in subparagraphs 

17 (A) and (B) of paragraph (1) are provided to 

18 Israel solely for funding the procurement of long19 lead components in accordance with a produc20 tion plan, including a funding profile detailing 

21 Israeli contributions for production, including 

22 long-lead production, of either David’s Sling 

23 Weapon System or the Arrow 3 Upper Tier In24 terceptor Program; 


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1 (B) such long-lead components have success2 fully completed knowledge points, technical mile3 stones, and production readiness reviews; and 

4 (C) the long-lead procurement will be con5 ducted in a manner that maximizes coproduc6 tion in the United States without incurring ad7 ditional nonrecurring engineering activity or 

8 cost. 

9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ means the following: 

12 (1) The congressional defense committees. 

13 (2) The Committee on Foreign Affairs of the 

14 House of Representatives and the Committee on For15 eign Relations of the Senate. 

16 SEC. 1654. MAXIMIZING AEGIS ASHORE CAPABILITY. 

17 (a) ANTI-AIR WARFARE CAPABILITY OF AEGIS

18 ASHORE SITES.— 

19 (1) EVALUATION.—The Secretary of Defense shall 

20 conduct a complete evaluation of the optimal anti-air 

21 warfare capability— 

22 (A) for each current Aegis Ashore site by 

23 not later than 180 days after the date of the en24 actment of this Act; and 


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1 (B) as part of any future deployment by the 

2 United States of an Aegis Ashore site after the 

3 date of such enactment. 

4 (2) ASSESSMENTS INCLUDED.—Each evaluation 

5 under paragraph (1) shall include an assessment of 

6 the potential deployment of enhanced sea sparrow 

7 missiles, standard missile block 2 missiles, standard 

8 missile block 6 missiles, or the SeaRAM missile sys9 tem. 

10 (3) CONSISTENCY WITH ANNEX.—The Secretary 

11 shall carry out this subsection consistent with any 

12 classified annex accompanying this Act. 

13 (b) AEGIS ASHORE CAPABILITY EVALUATION.—Not 

14 later than 120 days after the date of the enactment of this 

15 Act, the Secretary of Defense and the Chairman of the Joint 

16 Chiefs of Staff shall jointly submit to the congressional de17 fense committees an evaluation of each of the following: 

18 (1) The ballistic missile and air threat against 

19 the continental United States and the efficacy (in20 cluding with respect to cost, ideal and optimal de21 ployment locations, and potential deployment sched22 ule) of deploying one or more Aegis Ashore sites and 

23 Aegis Ashore components for the ballistic and cruise 

24 missile defense of the continental United States. 


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1 (2) The ballistic missile and air threat against 

2 the Armed Forces on Guam and the efficacy (includ3 ing with respect to cost and schedule) of deploying an 

4 Aegis Ashore site on Guam. 

5 (c) AEGIS ASHORE SITE ON THE PACIFIC MISSILE

6 RANGE FACILITY.— 

7 (1) LIMITATION.—The Secretary of Defense may 

8 not reduce the manning levels or test capability, as 

9 such levels and capability existed on January 1, 

10 2015, of the Aegis Ashore site at the Pacific Missile 

11 Range Facility in Hawaii, including by putting such 

12 site into a ‘‘cold’’ or ‘‘stand by’’ status. 

13 (2) ENVIRONMENTAL IMPACT STATEMENT.— 

14 (A) Not later than 60 days after the date on 

15 which the Director of the Missile Defense Agency 

16 submits to the congressional defense committees 

17 the report under section 1689(b)(2) of the Na18 tional Defense Authorization Act for Fiscal Year 

19 2016 (Public Law 114–92; 129 Stat. 1144), the 

20 Director shall notify such committees on whether 

21 the preferred alternative for fielding a medium 

22 range ballistic missile defense sensor for the de23 fense of Hawaii identified by such report would 

24 require an update to the environmental impact 


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1 statement required for constructing the Aegis 

2 Ashore site at the Pacific Missile Range Facility. 

3 (B) If the Director determines that an up4 dated environmental impact statement, a new 

5 environmental impact statement, or another ac6 tion is required or recommended pursuant to the 

7 National Environmental Policy Act of 1969 (42 

8 U.S.C. et seq.), the Director shall commence such 

9 action by not later than 60 days after the date 

10 on which the Director makes the notification 

11 under subparagraph (A). 

12 (3) EVALUATION.—Not later than 60 days after 

13 the date of the enactment of this Act, the Secretary of 

14 Defense and the Chairman of the Joint Chiefs of Staff 

15 shall jointly submit to the congressional defense com16 mittees an evaluation of the ballistic missile and air 

17 threat against Hawaii (including with respect to 

18 threats to the Armed Forces and installations located 

19 in Hawaii) and the efficacy (including with respect 

20 to cost and potential alternatives) of— 

21 (A) making the Aegis Ashore site at the Pa22 cific Missile Range Facility operational; 

23 (B) deploying the preferred alternative for 

24 fielding a medium range ballistic missile defense 


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1 sensor for the defense of Hawaii described in 

2 paragraph (2)(A); and 

3 (C) any other alternative the Secretary and 

4 the Chairman determine appropriate. 

5 (d) FORMS.—The evaluations submitted under sub6 sections (b) and (c)(3) shall each be submitted in unclassi7 fied form, but may each include a classified annex. 

8 SEC. 1655. TECHNICAL AUTHORITY FOR INTEGRATED AIR 

9 AND MISSILE DEFENSE ACTIVITIES AND PRO10 GRAMS. 

11 (a) AUTHORITY.— 

12 (1) IN GENERAL.—The Director of the Missile 

13 Defense Agency is the technical authority of the De14 partment of Defense for integrated air and missile de15 fense activities and programs, including joint engi16 neering and integration efforts for such activities and 

17 programs, including with respect to defining and con18 trolling the interfaces of such activities and programs 

19 and the allocation of technical requirements for such 

20 activities and programs. 

21 (2) DETAILEES.— 

22 (A) In carrying out the technical authority 

23 under paragraph (1), the Director may seek to 

24 have staff detailed to the Missile Defense Agency 

25 from the Joint Functional Component Command 


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1 for Integrated Missile Defense and the Joint In2 tegrated Air and Missile Defense Organization 

3 in a number the Director determines necessary 

4 in accordance with subparagraph (B). 

5 (B) In detailing staff under subparagraph 

6 (A) to carry out the technical authority under 

7 paragraph (1), the total number of staff, includ8 ing detailees, of the Missile Defense Agency who 

9 carry out such authority may not exceed the 

10 number that is twice the number of such staff 

11 carrying out such authority as of January 1, 

12 2016. 

13 (b) ASSESSMENTS AND PLANS.— 

14 (1) BIENNIAL SUBMISSION.—Not later than Jan15 uary 31, 2017, and biennially thereafter through 

16 2021, the Director shall submit to the congressional 

17 defense committees an assessment of the state of inte18 gration and interoperability of the integrated air and 

19 missile defense capabilities of the Department of De20 fense. 

21 (2) ELEMENTS.—Each assessment under para22 graph (1) shall include the following: 

23 (A) Identification of any gaps in the inte24 gration and interoperability of the integrated air 


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1 and missile defense capabilities of the Depart2 ment. 

3 (B) A description of the options to improve 

4 such capabilities and remediate such gaps. 

5 (C) A plan to carry out such improvements 

6 and remediations, including milestones and costs 

7 for such plan. 

8 (3) FORM.—Each assessment under paragraph 

9 (1) shall be submitted in classified form unless the Di10 rector determines that submitting such assessment in 

11 unclassified form is useful and expedient. 

12 SEC. 1656. DEVELOPMENT AND RESEARCH OF NON-TERRES13 TRIAL MISSILE DEFENSE LAYER. 

14 (a) DEVELOPMENT.— 

15 (1) IN GENERAL.—Not later than 30 days after 

16 the date of the enactment of this Act, the Director of 

17 the Missile Defense Agency, with the support of feder18 ally funded research and development centers with 

19 subject matter expertise, shall commence the planning 

20 for concept definition, design, research, development, 

21 engineering evaluation, and test of a space-based bal22 listic missile intercept and defeat layer to the ballistic 

23 missile defense system that— 


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1 (A) shall provide defense options to ballistic 

2 missiles and re-entry vehicles, independent of ad3 versary country size and threat trajectory; and 

4 (B) may provide a boost-phase missile de5 fense capability, as well as additional defensive 

6 options against direct ascent anti-satellite weap7 ons, hypersonic boost glide vehicles, and maneu8 vering re-entry vehicles. 

9 (2) ACTIVITIES.—The planning activities author10 ized under paragraph (1) shall include, at a min11 imum, the following: 

12 (A) The initiation of formal steps for poten13 tial integration into the ballistic missile defense 

14 system architecture. 

15 (B) Mature planning for early proof of con16 cept component demonstrations. 

17 (C) Draft operation concepts in the context 

18 of a multi-layer architecture. 

19 (D) Identification of proof of concept vendor 

20 sources for demo components and subassemblies. 

21 (E) The development of multi-year tech22 nology and risk reduction investment plan. 

23 (F) The commencement of the development 

24 of a proof of concept master program phasing 

25 schedule. 


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1 (G) Identification of proof of concept long 

2 lead items. 

3 (H) Initiation of requests for proposals 

4 from industry with significant commercial, civil, 

5 and national security space experience, includ6 ing for space launch services. 

7 (I) Mature options for an aggressive but 

8 low-risk acquisition strategy. 

9 (b) SPACE TEST BED.—Not later than 60 days after 

10 the date of the enactment of this Act, the Director shall com11 mence planning for research, development, test, and evalua12 tion activities with respect to a space test bed for a missile 

13 interceptor capability. 

14 (c) BUDGET SUBMISSIONS.—The Director shall submit 

15 with the budget of the President submitted to Congress 

16 under section 1105(a) of title 31, United States Code, for 

17 fiscal year 2018 a detailed budget and development plan, 

18 irrespective of planned budgetary total obligation authority, 

19 for the activities described in subsections (a) and (b), as20 suming initial demonstration, on-orbit, of such the capa21 bilities described in such subsections by 2025. 

22 SEC. 1657. HYPERSONIC BOOST GLIDE VEHICLE DEFENSE. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—Not later than 180 days after 

25 the date of the enactment of this Act, the Director of 


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1 the Missile Defense Agency shall establish a program 

2 of record in the ballistic missile defense system to de3 velop and field a defensive system to defeat hypersonic 

4 boost-glide and maneuvering ballistic missiles. Such 

5 defense system may be a new system, a modification 

6 of an existing system, or developed by integrating ex7 isting systems. 

8 (2) CODEVELOPMENT.— In developing the pro9 gram of record for the defensive system under para10 graph (1), the Director shall consider opportunities 

11 for codevelopment, including through financial sup12 port, with allies and partners of the United States. 

13 (b) LIMITATION.—Of the funds authorized to be appro14 priated by this Act or otherwise made available for fiscal 

15 year 2017 for the headquarters operations of the Under Sec16 retary of Defense for Policy and the headquarters operations 

17 of the Under Secretary of Defense for Acquisition, Tech18 nology, and Logistics, $25,000,000 may not be obligated or 

19 expended for each such headquarters operations until— 

20 (1) the Director certifies to the congressional de21 fense committees that the Director has established the 

22 program of record under paragraph (1) of subsection 

23 (a), including a discussion of— 


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1 (A) the options for codevelopment considered 

2 by the Director under paragraph (2) of such sub3 section; 

4 (B) such options the Director has assessed; 

5 and 

6 (C) such options the Director recommends 

7 be pursued in the program of record; and 

8 (2) the Chairman of the Joint Chiefs of Staff 

9 submits to the congressional defense committees a re10 port on the military capability or capabilities and 

11 capability gaps relating to the threat posed by 

12 hypersonic boost-glide and maneuvering ballistic mis13 siles to the United States, the forces of the United 

14 States, and the allies of the United States; and 

15 (3) a period of 30 days has elapsed following the 

16 date on which the congressional defense committees 

17 has received both the certification and the report. 

18 (c) REPORT ON MTCR.—Not later than 120 days after 

19 the date of the enactment of this Act, the Secretary of De20 fense, with the concurrence of the Secretary of State, shall 

21 submit to the congressional defense committees and the 

22 Committee on Foreign Relations of the Senate and the Com23 mittee on Foreign Affairs of the House of Representatives 

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1 tem, including with respect to partnering with allies and 

2 partners of the United States, to counter hypersonic boost3 glide and maneuvering ballistic missiles. 

4 (d) PLAN.—Not later than 30 days after the date on 

5 which the budget of the President for fiscal year 2018 is 

6 submitted to Congress under section 1105 of title 31, Unites 

7 States Code, the Director shall submit to the congressional 

8 defense committees a plan to field the defensive system 

9 under paragraph (1) of subsection (a) by 2021, including— 

10 (1) a schedule of required ground, flight, and 

11 intercept tests; and 

12 (2) the estimated budget for such plan, including 

13 a budget with codevelopment described in paragraph 

14 (2) of such subsection and a budget without such code15 velopment, required for each year beginning with fis16 cal year 2018. 

17 SEC. 1658. LIMITATION ON AVAILABILITY OF FUNDS FOR 

18 PATRIOT LOWER TIER AIR AND MISSILE DE19 FENSE CAPABILITY OF THE ARMY. 

20 Of the funds authorized to be appropriated by this Act 

21 or otherwise made available for fiscal year 2017 for the Pa22 triot lower tier air and missile defense capability of the 

23 Army, not more than 50 percent may be obligated or ex24 pended until each of the following occurs: 


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1 (1) The Director of the Missile Defense Agency 

2 certifies to the congressional defense committees that 

3 such capability, upon the completion of the mod4 ernization process addressed by the analysis of alter5 natives regarding such capability, will be fully inter6 operable with the ballistic missile defense system and 

7 other air and missile defense capabilities deployed 

8 and planned to be deployed by the United States. 

9 (2) The Chairman of the Joint Chiefs of Staff 

10 certifies to the congressional defense committees that 

11 such capability, upon the completion of the mod12 ernization process addressed by the analysis of alter13 natives regarding such capability, will meet— 

14 (A) the desired attributes for modularity 

15 sought by the geographic combatant commands; 

16 and 

17 (B) the validated and objective warfighter 

18 requirements for air and missile defense capa19 bility. 

20 (3) The Chief of Staff of the Army, in coordina21 tion with the Secretary of the Army, submits to the 

22 congressional defense committees— 

23 (A) a determination as to whether the re24 quirements of the lower tier air and missile de25 fense program are appropriate for acquisition 


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1 through the Army Rapid Capabilities Office, and 

2 if the determination is that such requirements 

3 are not so appropriate, an evaluation of why; 

4 (B) the terms of the competition planned for 

5 the lower tier air and missile defense program to 

6 ensure fair competition for all competitors; 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 certification 

20 will provide the most rapid deployment 

21 of a modernized capability to the 

22 warfighter at reasonable risk levels (as 

23 compared to systems with similar 

24 amounts of complexity and techno25 logical readiness); or 


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1 (ii) a revised acquisition strategy for 

2 the lower tier air and missile defense acqui3 sition program, including a schedule to 

4 carry out such strategy. 

5 (4) If the Chief of Staff of the Army submits the 

6 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 Act 

13 or otherwise made available for fiscal year 2017 for re14 search, development, test, and evaluation, Defense-wide, for 

15 the conventional prompt global strike weapons system, not 

16 more than 75 percent may be obligated or expended until 

17 the date on which the Chairman of the Joint Chiefs of Staff, 

18 in consultation with the Commander of the United States 

19 European Command, the Commander of the United States 

20 Pacific Command, and the Commander of the United States 

21 Strategic Command, submits to the congressional defense 

22 committees a report on— 

23 (1) whether there are warfighter requirements or 

24 integrated priorities list submitted needs for a limited 


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1 operational conventional prompt strike capability; 

2 and 

3 (2) whether the program plan and schedule pro4 posed by the program office in the Office of the Under 

5 Secretary of Defense for Acquisition, Technology, and 

6 Logistics supports such requirements and integrated 

7 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 Director 

12 of the Missile Defense Agency shall carry out a pilot pro13 gram to implement improvements to the data protection op14 tions in the programs of the Missile Defense Agency (includ15 ing the contractors of the Agency), particularly with respect 

16 to unclassified, controlled technical information and con17 trolled unclassified information. 

18 (b) PRIORITY.—In carrying out the pilot program 

19 under subsection (a), the Director shall give priority to im20 plementing data protection options that are used by the pri21 vate sector and have been proven successful. 

22 (c) DURATION.—The Director shall carry out the pilot 

23 program under subsection (a) for not more than a 5-year 

24 period. 


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1 (d) NOTIFICATION.—Not later than 30 days before the 

2 date on which the Director commences the pilot program 

3 under subsection (a), the Director shall notify the congres4 sional defense committees, the Committee on Oversight and 

5 Government Reform of the House of Representatives, and 

6 the Committee on Homeland Security and Government Af7 fairs of the Senate of— 

8 (1) the data protection options that the Director 

9 is considering to implement under the pilot program 

10 and the potential costs of such options; and 

11 (2) such option that is the preferred option of the 

12 Director. 

13 (e) DATA PROTECTION OPTIONS.—In this section, the 

14 term ‘‘data protection options’’ means actions to improve 

15 processes, practices, and systems that relate to the safe16 guarding, 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 the 

24 date of the enactment of this Act, the Director of Cost 

25 Assessment and Program Evaluation shall submit to 


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1 the congressional defense committees a report on the 

2 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 the 

7 ground-based midcourse system, including all 

8 command and control, ground systems, sensors 

9 and sensor interfaces, boosters and kill vehicles, 

10 and integration of known future systems and 

11 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 levels 

17 of annual funding included in the most recent 

18 budget and the future-years defense program sub19 mitted under section 221 of this title fully fund 

20 the requirements under clause (i). 

21 (3) UPDATES.—Not later than 30 days after the 

22 date on which each budget is submitted through Janu23 ary 31, 2021, the Director shall submit to the congres24 sional defense committees an update to the report 

25 under paragraph (1). 


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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 the 

5 congressional defense committees that the most recent 

6 defense budget materials include a sufficient level of 

7 funding for the ground-based midcourse defense sys8 tem to modernize the system to remain paced ahead 

9 of the developing limited ballistic missile threat to the 

10 homeland, including from an accidental or unauthor11 ized ballistic missile attack. 

12 (b) EVALUATION OF TRANSPORTABLE GROUND-BASED

13 INTERCEPTOR.—Not later than 180 days after the date of 

14 the enactment of this Act, the Director of the Missile Defense 

15 Agency shall submit to the congressional defense committees 

16 a report on transportable ground-based interceptors. Such 

17 report shall detail the views of the Director regarding— 

18 (1) the cost that is unconstrained by current pro19 jected budget levels for the Missile Defense Agency (in20 cluding a detailed program development production 

21 and deployment cost and schedule for the earliest tech22 nically possible deployment), the associated manning, 

23 and the comparative cost (including as compared to 

24 developing a fixed ground-based interceptor site), 

25 technical readiness, and feasibility of a transportable 


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1 ground-based interceptor as a means to deploy addi2 tional ground-based interceptors for the defense of the 

3 United States and the operational value of a trans4 portable ground-based interceptor for the defense of 

5 the homeland against a limited ballistic missile at6 tack, including from accidental or unauthorized bal7 listic missile launch; 

8 (2) the type and number of flight and or inter9 cept tests that would be required to validate the capa10 bility and compatibility of a transportable ground11 based interceptor in the ballistic missile defense sys12 tem; 

13 (3) the enabling capabilities, and the cost of such 

14 capabilities, to support such a system; 

15 (4) any safety consideration of a transportable 

16 ground-based interceptor; and 

17 (5) other matters that the Director determines 

18 pertinent to such a system. 

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

20 shall be submitted in unclassified form, but may include 

21 a classified annex. 

22 (d) DEFINITIONS.—In this section, the terms ‘‘budget’’ 

23 and ‘‘defense budget materials’’ have the meanings given 

24 those terms in section 231 of title 10, United States Code. 


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1 SEC. 1662. DECLARATORY POLICY, CONCEPT OF OPER2 ATIONS, AND EMPLOYMENT GUIDELINES FOR 

3 LEFT-OF-LAUNCH CAPABILITY. 

4 Not later than 120 days after the date of the enactment 

5 of this Act, the Secretary of Defense and the Chairman of 

6 the Joint Chiefs of Staff shall jointly submit to the congres7 sional defense committees the following: 

8 (1) Both the classified and unclassified declara9 tory policy of the United States regarding the use of 

10 the left-of-launch capability of the United States 

11 against potential targets and how the Secretary and 

12 the Chairman intend to ensure that such capability 

13 is a deterrent to attacks by adversaries. 

14 (2) Both the classified and unclassified concept 

15 of operations for the use of such capability across and 

16 between the combatant commands. 

17 (3) Both the classified and unclassified employ18 ment strategy, plans, and options for such capability. 

19 SEC. 1663. PROCUREMENT OF MEDIUM-RANGE DISCRIMINA20 TION RADAR TO IMPROVE HOMELAND MIS21 SILE DEFENSE. 

22 (a) The Director of the Missile Defense Agency shall 

23 issue a request for proposals for such radar by not later 

24 than October 1, 2017. 

25 (b) The Director shall plan to procure a medium-range 

26 discrimination radar or equivalent sensor for a location the 


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1 Director determines will improve homeland missile defense 

2 for the defense of Hawaii from the limited ballistic missile 

3 threat (including accidental or unauthorized launch) and 

4 plan for such radar to be fielded by not later than December 

5 31, 2021. 

6 SEC. 1664. SEMIANNUAL NOTIFICATIONS ON MISSILE DE7 FENSE TESTS AND COSTS. 

8 (a) NOTIFICATIONS.—Not less than once every 180-day 

9 period beginning 90 days after the date of the enactment 

10 of this Act and ending on January 31, 2021, the Director 

11 of the Missile Defense Agency shall submit to the congres12 sional defense committees a notification on— 

13 (1) the outcome of each planned flight test, in14 cluding intercept tests, occurring during the period 

15 covered by the notification; and 

16 (2) flight tests, including intercept tests, planned 

17 to occur after the date of the notification. 

18 (b) ELEMENTS.—Each notification shall include the 

19 following: 

20 (1) With respect to each test described in sub21 section (a)(1)— 

22 (A) the cost; 

23 (B) any changes made to the scope or objec24 tives of the test, or future tests, and an expla25 nation for such changes; 


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1 (C) in the event of a failure of the test or 

2 a decision to delay or cancel the test— 

3 (i) the reasons such test did not succeed 

4 or occur; 

5 (ii) the funds expended on such at6 tempted test; and 

7 (iii) in the case of a test failure or 

8 cancelled test that is the result of contractor 

9 performance, the contractor liability, if ap10 propriate, as compared to the cost of such 

11 test and potential retest; and 

12 (D) the plan to conduct a retest, if nec13 essary, and an estimate of the cost of such retest. 

14 (2) With respect to each test described in sub15 section (a)(2)— 

16 (A) any changes made to the scope of the 

17 test; 

18 (B) whether the test was to occur earlier but 

19 was delayed; and 

20 (C) an explanation for any such changes or 

21 delays. 

22 (3) The status of any open failure review boards 

23 or any failure review boards completed during the pe24 riod covered by the notification. 


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1 (c) FORM.—Each notification submitted under sub2 section (a) shall be submitted in unclassified form, but may 

3 include a classified annex. 

4 SEC. 1665. NATIONAL MISSILE DEFENSE POLICY. 

5 (a) POLICY.—It is the policy of the United States to 

6 maintain and improve a robust layered missile defense sys7 tem capable of defending the territory of the United States, 

8 allies, deployed forces, and capabilities against the devel9 oping and increasingly complex ballistic missile threat with 

10 funding subject to the annual authorization of appropria11 tions and the annual appropriation of funds for National 

12 Missile Defense. 

13 (b) CONFORMING REPEAL.—Section 2 of the National 

14 Missile Defense Act of 1999 (Public Law 106–38; 10 U.S.C. 

15 2431 note) is repealed. 

16 SEC. 1666. SENSE OF CONGRESS ON INITIAL OPERATING 

17 CAPABILITY OF PHASE 2 OF EUROPEAN 

18 PHASED ADAPTIVE APPROACH TO MISSILE 

19 DEFENSE. 

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

21 (1) President Obama, during his announcement 

22 of the European Phased Adaptive Approach on Sep23 tember 17, 2009, stated, ‘‘This approach is based on 

24 an assessment of the Iranian missile threat,’’ and 

25 ‘‘the best way to responsibly advance our security and 


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1 the security of our allies is to deploy a missile defense 

2 system that best responds to the threats we face and 

3 that utilizes technology that is both proven and cost4 effective.’’. 

5 (2) The 2010 Ballistic Missile Defense review 

6 stated that ‘‘The [European] Phased Adaptive Ap7 proach utilizes existing and proven capabilities to 

8 meet current threats and then will improve upon 

9 these capabilities over time by integrating new tech10 nology.’’. 

11 (3) Secretary of Defense Leon Panetta, during a 

12 speech in Brussels on October 5, 2011, stated, ‘‘The 

13 United States is fully committed to building a missile 

14 defense capability for the full coverage and protection 

15 of all our NATO European populations, their terri16 tory and their forces against the growing threat posed 

17 by ballistic missiles.’’. 

18 (4) Secretary of Defense Chuck Hagel, during a 

19 press conference on March 15, 2013, stated, ‘‘The mis20 sile deployments the United States is making in 

21 phases one through three of the European Phased 

22 Adaptive Approach, including sites in Romania and 

23 Poland, will still be able to provide coverage of all 

24 European NATO territory as planned by 2018.’’. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that— 

3 (1) the United States is committed to the defense 

4 of deployed members of the Armed Forces of the 

5 United States and to the defense of the European al6 lies of the Unites States by increasing the ballistic 

7 missile defense capability of the North Atlantic Trea8 ty Organization (in this section referred to as 

9 ‘‘NATO’’); 

10 (2) phase 2 of the European Phased Adaptive 

11 Approach will provide NATO with a substantial in12 crease in ballistic missile defense capability since 

13 NATO declared Interim Ballistic Missile Defense Ca14 pability at the Chicago Summit in 2012, and such 

15 phase consists of— 

16 (A) Aegis Ashore in Romania; 

17 (B) four Aegis ballistic missile defense capa18 ble ships homeported at Rota, Spain; and 

19 (C) a more capable SM–3 interceptor; 

20 (3) NATO is moving forward with the mod21 ernization of the defense capabilities of NATO that is 

22 responsive to 21st century threats to the territory and 

23 populations of member states of NATO; 

24 (4) the member states of NATO recognize the im25 portance of this contribution, which sends a clear sigVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 nal that NATO will not allow potential adversaries to 

2 threaten the use of ballistic missile strikes to coerce 

3 NATO or deter NATO from responding to aggression 

4 against the interests of NATO; and 

5 (5) phase 2 of the European Phased Adaptive 

6 Approach is ready for 24-hour-a-day, seven-day-a7 week operation, with proven military systems and 

8 command and control capability, and should be so de9 clared at the July 2016 NATO Summit in Warsaw, 

10 Poland. 

11 Subtitle F—Other Matters 

12 SEC. 1671. PROTECTION OF CERTAIN FACILITIES AND AS13 SETS FROM UNMANNED AIRCRAFT. 

14 (a) IN GENERAL.—Chapter 3 of title 10, United States 

15 Code, as amended by section 1255, is further amended by 

16 adding at the end the following new section: 

17 ‘‘§ 130j. Protection of certain facilities and assets from 

18 unmanned aircraft 

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may take, 

20 and may authorize the armed forces to take, such actions 

21 described in subsection (b)(1) that are necessary to mitigate 

22 the threat of an unmanned aircraft system or unmanned 

23 aircraft that poses an imminent threat (as defined by the 

24 Secretary of Defense, in coordination with the Secretary of 


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1 Transportation) to the safety or security of a covered facil2 ity or asset. 

3 ‘‘(b) ACTIONS DESCRIBED.—(1) The actions described 

4 in this paragraph are the following: 

5 ‘‘(A) Disrupt control of the unmanned aircraft 

6 system or unmanned aircraft. 

7 ‘‘(B) Seize and exercise control of the unmanned 

8 aircraft system or unmanned aircraft. 

9 ‘‘(C) Seize or otherwise confiscate the unmanned 

10 aircraft system or unmanned aircraft. 

11 ‘‘(D) Use reasonable force to disable or destroy 

12 the unmanned aircraft system or unmanned aircraft. 

13 ‘‘(2) The Secretary of Defense shall develop the actions 

14 described in paragraph (1) in coordination with the Sec15 retary of Transportation, consistent with the protection of 

16 information regarding sensitive defense capabilities. 

17 ‘‘(c) FORFEITURE.—(1) Any unmanned aircraft sys18 tem or unmanned aircraft described in subsection (a) shall 

19 be subject to seizure and forfeiture to the United States. 

20 ‘‘(2) The Secretary of Defense may prescribe regula21 tions to establish reasonable exceptions to paragraph (1), 

22 including in cases where— 

23 ‘‘(A) the operator of the unmanned aircraft sys24 tem or unmanned aircraft obtained the control and 

25 possession of such system or aircraft illegally; or 


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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 subsection 

4 (a) without the knowledge of the common carrier. 

5 ‘‘(d) REGULATIONS.—The Secretary of Defense and the 

6 Secretary of Transportation shall prescribe regulations and 

7 issue guidance in the respective areas of each Secretary to 

8 carry out this section. 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘covered facility or asset’ means 

11 any facility or asset that is— 

12 ‘‘(A) identified by the Secretary of Defense 

13 for purposes of this section; 

14 ‘‘(B) located in the United States (including 

15 the territories and possessions of the United 

16 States); and 

17 ‘‘(C) relating to— 

18 ‘‘(i) the nuclear deterrence mission of 

19 the Department of Defense, including with 

20 respect to nuclear command and control, in21 tegrated tactical warning and attack assess22 ment, and continuity of government; 

23 ‘‘(ii) the missile defense mission of the 

24 Department; or 


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1 ‘‘(iii) the national security space mis2 sion of the Department. 

3 ‘‘(2) The terms ‘unmanned aircraft’ and ‘un4 manned aircraft system’ have the meaning given those 

5 terms in section 331 of the FAA Modernization and 

6 Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

7 40101 note).’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such chapter is amended by inserting after 

10 the item relating to section 130i, as added by section 1255, 

11 the following new item: 

‘‘130j. Protection of certain facilities and assets from unmanned aircraft.’’. 

12 SEC. 1672. IMPROVEMENT OF COORDINATION BY DEPART13 MENT OF DEFENSE OF ELECTROMAGNETIC 

14 SPECTRUM USAGE. 

15 Not later than December 31, 2016, the Secretary of De16 fense shall submit to the congressional defense committees 

17 a report evaluating whether establishing an intra-depart18 mental council in the Department of Defense on the use elec19 tromagnetic spectrum by the Department would improve co20 ordination within the Department on— 

21 (1) the use of such spectrum; 

22 (2) the acquisition cycle with respect to such 

23 spectrum; 

24 (3) training by the Armed Forces, including 

25 with respect to electronic and cyber warfare; and 


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1 (4) other purposes the Secretary considers useful. 

2 TITLE XVII—DEPARTMENT OF 

3 DEFENSE ACQUISITION AGILITY 

4 SEC. 1701. MODULAR OPEN SYSTEM APPROACH IN DEVEL5 OPMENT OF MAJOR WEAPON SYSTEMS. 

6 (a) IN GENERAL.—Part IV of subtitle A of title 10, 

7 United States Code, is amended by inserting after chapter 

8 144A the following new chapter: 

9 ‘‘CHAPTER 144B—WEAPON SYSTEMS 

10 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 

11 ‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM AP12 PROACH IN DEVELOPMENT OF WEAPON SYS13 TEMS 

‘‘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. 


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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, to 

7 the maximum extent practicable, with a modular open sys8 tem 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 system 

16 platform and a major system component or be17 tween major system components; 

18 ‘‘(B) is subjected to verification to ensure 

19 major system interfaces comply with, if available 

20 and suitable, widely supported and consensus21 based standards; 

22 ‘‘(C) uses a system architecture that allows 

23 severable major system components at the appro24 priate level to be incrementally added, removed, 

25 or replaced throughout the life cycle of a major 

26 system platform to afford opportunities for enVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 hanced competition and innovation while yield2 ing— 

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 rights 

13 set forth in section 2320 of this title. 

14 ‘‘(2) The term ‘major system platform’ means the 

15 highest level structure of a major weapon system that 

16 is not physically mounted or installed onto a higher 

17 level structure and on which a major system compo18 nent 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 


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1 ‘‘(B) includes a subsystem or assembly that 

2 is likely to have additional capability require3 ments, is likely to change because of evolving 

4 technology or threat, is needed for interoper5 ability, facilitates incremental deployment of ca6 pabilities, or is expected to be replaced by an7 other major system component. 

8 ‘‘(4) The term ‘major system interface’ means a 

9 shared boundary between a major system platform 

10 and a major system component or between major sys11 tem components, defined by various physical, logical, 

12 and functional characteristics, such as electrical, me13 chanical, fluidic, optical, radio frequency, data, net14 working, 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. 


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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 system 

9 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 system 

14 performance are likely to evolve during the life cycle 

15 of the system because of evolving technology, threat, or 

16 interoperability needs; and 

17 ‘‘(2) for requirements that are expected to evolve, 

18 the minimum acceptable capability that is necessary 

19 for initial operating capability of the major defense 

20 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 major 

24 defense acquisition programs and performing such analyses 

25 under section 139a(d)(4) of this title, shall ensure that any 


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1 such analysis for a major defense acquisition program in2 cludes consideration of evolutionary acquisition, proto3 typing, and a modular open system approach. 

4 ‘‘(c) ACQUISITION STRATEGY.—In the case of a major 

5 defense acquisition program that uses a modular open sys6 tem approach, the acquisition strategy required under sec7 tion 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 plat11 form and major system components being developed 

12 under the program, as well as major system compo13 nents developed outside the program that will be inte14 grated into the major defense acquisition program; 

15 ‘‘(3) clearly describe the evolution of major sys16 tem components that are anticipated to be added, re17 moved, or replaced in subsequent increments; 

18 ‘‘(4) identify additional major system compo19 nents that may be added later in the life cycle of the 

20 major system platform; and 

21 ‘‘(5) clearly describe how intellectual property 

22 and related issues, such as technical data deliverables, 

23 that are necessary to support a modular open system 

24 approach, will be addressed. 


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1 ‘‘(d) REQUEST FOR PROPOSALS.—The milestone deci2 sion authority for a major defense acquisition program that 

3 uses a modular open system approach shall ensure that a 

4 request for proposals for the development or production 

5 phases of the program shall describe the modular open sys6 tem approach and the minimum set of major system compo7 nents that must be included in the design of the major de8 fense acquisition program. 

9 ‘‘(e) MILESTONE B.—A major defense acquisition pro10 gram may not receive Milestone B approval under section 

11 2366b of this title until the milestone decision authority de12 termines 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 major 

17 system platform and major system components 

18 and between major system components; 

19 ‘‘(B) such major system interfaces are con20 sistent with the widely supported and consensus21 based standards that exist at the time of the 

22 milestone decision, unless such standards are un23 available or unsuitable for particular major sys24 tem interfaces; and 


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1 ‘‘(C) the Government has arranged to obtain 

2 appropriate and necessary intellectual property 

3 rights with respect to such major system inter4 faces upon completion of the development of the 

5 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 private 

15 sector entities, national standards-setting organiza16 tions, and, when appropriate, with elements of the in17 telligence community with respect to the specification, 

18 identification, development, and maintenance of 

19 major system interfaces and standards for use in 

20 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; 


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1 ‘‘(3) ensure that sufficient systems engineering 

2 and development expertise and resources are available 

3 to support the use of a modular open system approach 

4 in requirements development and acquisition program 

5 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 interfaces, 

10 and any additional program activities necessary to 

11 sustain innovation and interoperability; and 

12 ‘‘(5) ensure that adequate training in the use of 

13 a modular open system approach is provided to mem14 bers of the requirements and acquisition workforce. 

15 ‘‘§ 2446d. Requirement to include modular open sys16 tem approach in Selected Acquisition Re17 ports 

18 ‘‘For each major defense acquisition program that re19 ceives Milestone B approval after January 1, 2019, a brief 

20 summary description of the key elements of the modular 

21 open system approach or, if a modular open system ap22 proach was not used, the rationale for not using such an 

23 approach, shall be submitted to the congressional defense 

24 committees with the first Selected Acquisition Report re25 quired under section 2432 of this title for the program.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of chapters for 

2 title 10, United States Code, is amended by adding after 

3 the item relating to chapter 144A the following new item: 

‘‘144B. Weapon Systems Development and Related Matters .....................................................................................2446a’’. 

4 (c) CONFORMING AMENDMENT.—Section 2366b(a)(3) 

5 of such title is amended— 

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (K); and 

8 (2) by inserting after subparagraph (L) the fol9 lowing new subparagraph: 

10 ‘‘(M) the requirements of section 2446b(e) of 

11 this title are met; and’’. 

12 (d) EFFECTIVE DATE.—Subchapter I of chapter 144B 

13 of title 10, United States Code, as added by subsection (a), 

14 shall take effect on October 1, 2016. 

15 SEC. 1702. DEVELOPMENT, PROTOTYPING, AND DEPLOY16 MENT OF WEAPON SYSTEM COMPONENTS OR 

17 TECHNOLOGY. 

18 (a) IN GENERAL.—Chapter 144B of title 10, United 

19 States Code, as added by section 1701, is further amended 

20 by adding at the end the following new subchapter: 

21 ‘‘SUBCHAPTER II—DEVELOPMENT, PROTO22 TYPING, AND DEPLOYMENT OF WEAPON SYS23 TEM COMPONENTS OR TECHNOLOGY 

‘‘Sec. 

‘‘2447a. Technology development in the acquisition of major weapon systems. 


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‘‘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. 

1 ‘‘§ 2447a. Technology development in the acquisition 

2 of major weapon systems 

3 ‘‘Technology shall be developed in a major defense ac4 quisition program that is initiated after January 1, 2019, 

5 only if the milestone decision authority for the program de6 termines with a high degree of confidence that such develop7 ment will not delay the fielding target of the program. If 

8 the milestone decision authority does not make such deter9 mination for a major system component being developed 

10 under the program, the milestone decision authority shall 

11 ensure that technology related to the major system compo12 nent shall be sufficiently matured separate from the major 

13 defense acquisition program using the prototyping authori14 ties of this section or other authorities, as appropriate. 

15 ‘‘§ 2447b. Weapon system component or technology pro16 totype projects: display of budget informa17 tion 

18 ‘‘(a) REQUIREMENTS FOR BUDGET DISPLAY.—In the 

19 defense budget materials for any fiscal year after fiscal year 

20 2017, the Secretary of Defense shall, with respect to ad21 vanced component development and prototype activities 


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1 (within the research, development, test, and evaluation 

2 budget), set forth the amounts requested for each of the fol3 lowing: 

4 ‘‘(1) Acquisition programs of record. 

5 ‘‘(2) Development, prototyping, and experimen6 tation of weapon system components or other tech7 nologies separate from acquisition programs of record. 

8 ‘‘(3) Other budget line items as determined by 

9 the Secretary of Defense. 

10 ‘‘(b) ADDITIONAL REQUIREMENTS.—For purposes of 

11 subsection (a)(2), the amounts requested for development, 

12 prototyping, and experimentation of weapon system compo13 nents or other technologies shall be— 

14 ‘‘(1) structured into either capability, weapon 

15 system component, or technology portfolios that reflect 

16 the priority areas for prototype projects; and 

17 ‘‘(2) justified with general descriptions of the 

18 types of capability areas and technologies being fund19 ed or expected to be funded during the fiscal year con20 cerned. 

21 ‘‘(c) DEFINITIONS.—In this section, the terms ‘budget’ 

22 and ‘defense budget materials’ have the meaning given those 

23 terms in section 234 of this title. 


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1 ‘‘§ 2447c. Weapon system component or technology pro2 totype projects: oversight 

3 ‘‘(a) ESTABLISHMENT.—The Secretary of each mili4 tary department shall establish an oversight board or iden5 tify a similar group of senior advisors for managing proto6 type projects for weapon system components and other tech7 nologies and subsystems, including the use of funds for such 

8 projects, within the military department concerned. 

9 ‘‘(b) MEMBERSHIP.—Each oversight board shall be 

10 comprised of senior officials with— 

11 ‘‘(1) expertise in requirements; research, develop12 ment, test, and evaluation; acquisition; or other rel13 evant areas within the military department con14 cerned; 

15 ‘‘(2) awareness of technology development activi16 ties and opportunities in the Department of Defense, 

17 industry, and other sources; and 

18 ‘‘(3) awareness of the component capability re19 quirements of major weapon systems, including sched20 uling and fielding goals for such component capabili21 ties. 

22 ‘‘(c) FUNCTIONS.—The functions of each oversight 

23 board are as follows: 

24 ‘‘(1) To issue a strategic plan every three years 

25 that prioritizes the capability and weapon system 

26 component portfolio areas for conducting prototype 


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1 projects, based on assessments of high priority 

2 warfighter needs, capability gaps on existing major 

3 weapon systems, opportunities to incrementally inte4 grate new components into major weapon systems, 

5 and technologies that are expected to be sufficiently 

6 mature to prototype within three years. 

7 ‘‘(2) To annually recommend funding levels for 

8 weapon system component or technology development 

9 and prototype projects across capability or weapon 

10 system component portfolios. 

11 ‘‘(3) To annually recommend to the service ac12 quisition executive of the military department con13 cerned specific weapon system component or tech14 nology development and prototype projects, subject to 

15 the requirements and limitations in section 2447d of 

16 this title. 

17 ‘‘(4) To ensure projects are managed by experts 

18 within the Department of Defense who are knowledge19 able in research, development, test, and evaluation 

20 and who are aware of opportunities for incremental 

21 deployment of component capabilities and other tech22 nologies to major weapon systems or directly to sup23 port warfighting capabilities. 


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1 ‘‘(5) To ensure projects are conducted in a man2 ner that allows for appropriate experimentation and 

3 technology risk. 

4 ‘‘(6) To ensure necessary technical, contracting, 

5 and financial management resources are available to 

6 support each project. 

7 ‘‘(7) To submit to the congressional defense com8 mittees a semiannual notification that includes the 

9 following: 

10 ‘‘(A) A description of each weapon system 

11 component or technology prototype project initi12 ated during the preceding six months, including 

13 an explanation of each project and its required 

14 funding. 

15 ‘‘(B) A description of the results achieved 

16 from weapon system component prototype and 

17 technology projects completed and tested during 

18 the preceding six months. 

19 ‘‘§ 2447d. Requirements and limitations for weapon 

20 system component or technology prototype 

21 projects 

22 ‘‘(a) LIMITATION ON PROTOTYPE PROJECT DURA23 TION.—A prototype project shall be completed within three 

24 years of its initiation. 


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1 ‘‘(b) MERIT-BASED SELECTION PROCESS.—A proto2 type project shall be selected by the service acquisition exec3 utive of the military department concerned through a merit4 based selection process that identifies the most promising 

5 and cost-effective prototypes that address a high priority 

6 warfighter need and are expected to be successfully dem7 onstrated in a relevant environment. 

8 ‘‘(c) TYPE OF TRANSACTION.—Prototype projects shall 

9 be funded through contracts, cooperative agreements, or 

10 other transactions. 

11 ‘‘(d) FUNDING LIMIT.—(1) Each prototype project 

12 may not exceed a total amount of $10,000,000 (based on 

13 fiscal year 2017 constant dollars), unless— 

14 ‘‘(A) the Secretary of the military department, 

15 or the Secretary’s designee, approves a larger amount 

16 of funding for the project, not to exceed $50,000,000; 

17 and 

18 ‘‘(B) the Secretary, or the Secretary’s designee, 

19 submits to the congressional defense committees, with20 in 30 days after approval of such funding for the 

21 project, a notification that includes— 

22 ‘‘(i) a description of the project; 

23 ‘‘(ii) expected funding for the project; and 

24 ‘‘(iii) a statement of the anticipated out25 come of the project. 


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1 ‘‘(2) The Secretary of Defense may adjust the amounts 

2 (and the base fiscal year) provided in paragraph (1) on 

3 the basis of Department of Defense escalation rates. 

4 ‘‘§ 2447e. Mechanisms to speed deployment of success5 ful weapon system component or tech6 nology prototypes 

7 ‘‘(a) SELECTION OF RAPID FIELDING PROJECT FOR

8 PRODUCTION.—A weapon system component or technology 

9 rapid fielding project may be selected by the service acquisi10 tion executive of the military department concerned for a 

11 follow-on production contract or other transaction without 

12 the use of competitive procedures, notwithstanding the re13 quirements of section 2304 of this title, if— 

14 ‘‘(1) a rapid fielding project addresses a high 

15 priority warfighter need; 

16 ‘‘(2) competitive procedures were used for the se17 lection of parties for participation in the rapid field18 ing project; 

19 ‘‘(3) the participants in the project successfully 

20 completed the project provided for in the transaction; 

21 and 

22 ‘‘(4) a prototype of the system to be procured in 

23 the rapid fielding project was demonstrated in a rel24 evant environment. 


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1 ‘‘(b) SPECIAL TRANSFER AUTHORITY.—(1) The Sec2 retary of a military department may transfer funds that 

3 remain available for obligation in procurement appropria4 tion accounts of the military department to fund the low5 rate initial production of the rapid fielding project until 

6 required funding for full-rate production can be submitted 

7 and approved through the regular budget process of the De8 partment of Defense. 

9 ‘‘(2) The funds transferred under this subsection to 

10 fund the low-rate initial production of a rapid fielding 

11 project shall be for a period not to exceed two years, the 

12 amount for such period may not exceed $50,000,000, and 

13 the special transfer authority provided in this subsection 

14 may not be used more than once to fund procurement of 

15 a particular new or upgraded system. 

16 ‘‘(3) The special transfer authority provided in this 

17 subsection is in addition to any other transfer authority 

18 available to the Department of Defense. 

19 ‘‘(c) NOTIFICATION TO CONGRESS.—Within 30 days 

20 after the service acquisition executive of a military depart21 ment selects a weapon system component or technology 

22 rapid fielding project for a follow-on production contract 

23 or other transaction, the service acquisition executive shall 

24 notify the congressional defense committees of the selection 

25 and provide a brief description of the rapid fielding project. 


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1 ‘‘§ 2447f. Definition of weapon system component 

2 ‘‘In this subchapter, the term ‘weapon system compo3 nent’ has the meaning given the term ‘major system compo4 nent’ in section 2446a of this title.’’. 

5 (b) EFFECTIVE DATE.—Subchapter II of chapter 144B 

6 of title 10, United States Code, as added by subsection (a), 

7 shall take effect on October 1, 2016. 

8 SEC. 1703. COST, SCHEDULE, AND PERFORMANCE OF 

9 MAJOR DEFENSE ACQUISITION PROGRAMS. 

10 (a) IN GENERAL.—Chapter 144B of title 10, United 

11 States Code, as added by section 1701, is amended by add12 ing at the end the following new subchapter: 

13 ‘‘SUBCHAPTER III—COST, SCHEDULE, AND PER14 FORMANCE OF MAJOR DEFENSE ACQUISI15 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. 

16 ‘‘§ 2448a. Program cost, fielding, and performance 

17 goals in planning major defense acquisi18 tion programs 

19 ‘‘(a) PROGRAM COST AND FIELDING TARGETS.—(1) 

20 Before a major defense acquisition program receives Mile21 stone A approval or is otherwise initiated prior to Milestone 


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1 B, the Secretary of Defense shall ensure, by establishing the 

2 goals described in paragraph (2), that— 

3 ‘‘(A) the program will be affordable; 

4 ‘‘(B) program planning anticipates evolution of 

5 capabilities to meet changing threats, technology in6 sertion, and interoperability; and 

7 ‘‘(C) the program will be fielded when needed. 

8 ‘‘(2) The goals described in this paragraph are goals 

9 for— 

10 ‘‘(A) the program acquisition unit cost (referred 

11 to in this section as the ‘program cost target’); 

12 ‘‘(B) the date for initial operational capability 

13 (referred to in this section as the ‘fielding target’); 

14 and 

15 ‘‘(C) technology maturation, prototyping, and a 

16 modular open system approach to evolve system capa17 bilities and improve interoperability. 

18 ‘‘(b) CONSIDERATIONS.—In establishing goals under 

19 subsection (a) for the program, the Secretary of Defense 

20 shall consider each of the following: 

21 ‘‘(1) The capability needs and timeframe speci22 fied in the initial capabilities document, opportuni23 ties for evolution of capabilities, and minimum ac24 ceptable capability increments. 


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1 ‘‘(2) Resources available to fund the development, 

2 production, and life cycle of the program, using a 

3 reasonable estimate of future defense budgets. 

4 ‘‘(3) The number of end items expected to be pro5 cured under the program. 

6 ‘‘(4) Trade-offs among cost, schedule, technical 

7 risk, and performance objectives identified in the 

8 analysis of alternatives required under section 2366a 

9 of this title. 

10 ‘‘(5) The independent cost estimate established 

11 pursuant to section 2334(a)(6) of this title. 

12 ‘‘(6) The independent technical risk assessment 

13 conducted or approved under section 2448b of this 

14 title. 

15 ‘‘(c) DELEGATION.—The responsibilities of the Sec16 retary of Defense in subsection (a) may be delegated only 

17 to the Deputy Secretary of Defense or the Under Secretary 

18 of Defense for Acquisition, Technology, and Logistics. 

19 ‘‘(d) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘program acquisition unit cost’ 

21 has the meaning provided in section 2432(a) of this 

22 title. 

23 ‘‘(2) The term ‘initial capabilities document’ has 

24 the meaning provided in section 2366a(d)(2) of this 

25 title. 


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1 ‘‘§ 2448b. Independent technical risk assessments 

2 ‘‘(a) IN GENERAL.—With respect to a major defense 

3 acquisition program, the Under Secretary of Defense for Ac4 quisition, Technology, and Logistics shall— 

5 ‘‘(1) before any decision to grant Milestone A ap6 proval for the program pursuant to section 2366a of 

7 this title, identify critical technologies that need to be 

8 matured in the program; and 

9 ‘‘(2) before any decision to grant Milestone B ap10 proval for the program pursuant to section 2366b of 

11 this title, any decision to enter into low-rate initial 

12 production or full-rate production, or at any other 

13 time considered appropriate by the Under Secretary, 

14 conduct or approve an independent technical risk as15 sessment for the program, including the identification 

16 of any critical technologies that have not been success17 fully demonstrated in a relevant environment. 

18 ‘‘(b) CATEGORIZATION OF TECHNICAL RISK LEV19 ELS.—The Under Secretary shall issue guidance and a 

20 framework for categorizing the degree of technical risk in 

21 a major defense acquisition program. 

22 ‘‘§ 2448c. Adherence to requirements and thresholds in 

23 major defense acquisition programs 

24 ‘‘(a) CAPABILITIES DETERMINATION.—The Secretary 

25 of the military department concerned shall ensure that the 

26 program capability document supporting a Milestone B or 


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1 subsequent milestone for a major defense acquisition pro2 gram may not be submitted to the Joint Requirements 

3 Oversight Council for approval until the Chief of the armed 

4 force concerned determines in writing that the requirements 

5 in the document are necessary and realistic in relation to 

6 the program cost and fielding targets established under sec7 tion 2448a(a) of this title. 

8 ‘‘(b) COMPLIANCE WITH TARGETS BEFORE MILE9 STONE B APPROVAL.—A major defense acquisition program 

10 may not receive Milestone B approval until the milestone 

11 decision authority for the program determines in writing 

12 that the estimated program acquisition unit cost and the 

13 estimated date for initial operational capability for the 

14 baseline description for the program (established under sec15 tion 2435) do not exceed the program cost and fielding tar16 gets established under section 2448a(a) of this title. If such 

17 estimated cost is higher than the program cost target or if 

18 such estimated date is later than the fielding target, the 

19 milestone decision authority may request that the Secretary 

20 of Defense increase the program cost target or delay the 

21 fielding target, as applicable.’’. 

22 (b) EFFECTIVE DATE.—Subchapter III of chapter 

23 144B of title 10, United States Code, as added by subsection 

24 (a), shall apply with respect to major defense acquisition 

25 programs that reach Milestone A after October 1, 2016. 


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1 (c) MODIFICATION OF MILESTONE DECISION AUTHOR2 ITY.—Effective October 1, 2016, subsection (d) of section 

3 2430 of title 10, United States Code, as added by section 

4 825(a) of the National Defense Authorization Act for Fiscal 

5 Year 2016 (Public Law 114–92; 129 Stat. 907), is amend6 ed— 

7 (1) in paragraph (2)(A), by inserting ‘‘subject to 

8 paragraph (5),’’ before ‘‘the Secretary determines’’; 

9 and 

10 (2) by adding at the end the following new para11 graph: 

12 ‘‘(5) The authority of the Secretary of Defense to des13 ignate an alternative milestone decision authority for a 

14 program with respect to which the Secretary determines 

15 that the program is addressing a joint requirement, as set 

16 forth in paragraph (2)(A), shall apply only for a major 

17 defense acquisition program that reaches Milestone A after 

18 October 1, 2016, and before October 1, 2019.’’. 

19 SEC. 1704. TRANSPARENCY IN MAJOR DEFENSE ACQUISI20 TION PROGRAMS. 

21 (a) REPORTS ON MILESTONE DECISION METRICS.— 

22 Subchapter III of chapter 144B of title 10, United States 

23 Code, as added by section 1703, is amended by adding at 

24 the end the following new section: 


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1 ‘‘§ 2448d. Reports on milestone decision metrics 

2 ‘‘(a) REPORT ON MILESTONE A.—Not later than 15 

3 days after granting Milestone A approval for a major de4 fense acquisition program, the milestone decision authority 

5 for the program shall provide to the congressional defense 

6 committees and, in the case of intelligence or intelligence7 related activities, the congressional intelligence committees 

8 a brief summary report that contains the following ele9 ments: 

10 ‘‘(1) The program cost and fielding targets estab11 lished by the Secretary of Defense under section 

12 2448a(a) of this title. 

13 ‘‘(2) The estimated cost and schedule for the pro14 gram established by the military department con15 cerned, including— 

16 ‘‘(A) the dollar values estimated for the pro17 gram acquisition unit cost and total life-cycle 

18 cost; and 

19 ‘‘(B) the planned dates for each program 

20 milestone and initial operational capability. 

21 ‘‘(3) The independent estimated cost for the pro22 gram established pursuant to section 2334(a)(6) of 

23 this title, and any independent estimated schedule for 

24 the program, including— 


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1 ‘‘(A) the dollar values estimated for the pro2 gram acquisition unit cost and total life-cycle 

3 cost; and 

4 ‘‘(B) the planned dates for each program 

5 milestone and initial operational capability. 

6 ‘‘(4) A summary of the technical risks associated 

7 with the program, as determined by the military de8 partment concerned, including identification of any 

9 critical technologies that need to be matured. 

10 ‘‘(5) A summary of the independent technical 

11 risk assessment conducted or approved under section 

12 2448b of this title, including identification of any 

13 critical technologies that need to be matured. 

14 ‘‘(6) A summary of any sufficiency review con15 ducted by the Director of Cost Assessment and Pro16 gram Evaluation of the analysis of alternatives per17 formed for the program (as referred to in section 

18 2366a(b)(6) of this title). 

19 ‘‘(7) Any other information the milestone deci20 sion authority considers relevant. 

21 ‘‘(b) REPORT ON MILESTONE B.—Not later than 15 

22 days after granting Milestone B approval for a major de23 fense acquisition program, the milestone decision authority 

24 for the program shall provide to the congressional defense 

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1 related activities, the congressional intelligence committees 

2 a brief summary report that contains the following ele3 ments: 

4 ‘‘(1) The program cost and fielding targets estab5 lished by the Secretary of Defense under section 

6 2448a(a) of this title. 

7 ‘‘(2) The estimated cost and schedule for the pro8 gram established by the military department con9 cerned, including— 

10 ‘‘(A) the dollar values estimated for the pro11 gram acquisition unit cost, average procurement 

12 unit cost, and total life-cycle cost; and 

13 ‘‘(B) the planned dates for each program 

14 milestone, initial operational test and evalua15 tion, and initial operational capability. 

16 ‘‘(3) The independent estimated cost for the pro17 gram established pursuant to section 2334(a)(6) of 

18 this title, and any independent estimated schedule for 

19 the program, including— 

20 ‘‘(A) the dollar values estimated for the pro21 gram acquisition unit cost, average procurement 

22 unit cost, and total life-cycle cost; and 

23 ‘‘(B) the planned dates for each program 

24 milestone, initial operational test and evalua25 tion, and initial operational capability. 


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1 ‘‘(4) A summary of the technical risks associated 

2 with the program, as determined by the military de3 partment concerned, including identification of any 

4 critical technologies that have not been successfully 

5 demonstrated in a relevant environment. 

6 ‘‘(5) A summary of the independent technical 

7 risk assessment conducted or approved under section 

8 2448b of this title, including identification of any 

9 critical technologies that have not been successfully 

10 demonstrated in a relevant environment. 

11 ‘‘(6) A statement of whether a modular open sys12 tem approach is being used for the program. 

13 ‘‘(7) Any other information the milestone deci14 sion authority considers relevant. 

15 ‘‘(c) REPORT ON MILESTONE C.—Not later than 15 

16 days after granting Milestone C approval for a major de17 fense acquisition program, the milestone decision authority 

18 for the program shall provide to the congressional defense 

19 committees and, in the case of intelligence or intelligence20 related activities, the congressional intelligence committees 

21 a brief summary report that contains the following: 

22 ‘‘(1) The estimated cost and schedule for the pro23 gram established by the military department con24 cerned, including— 


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1 ‘‘(A) the dollar values estimated for the pro2 gram acquisition unit cost, average procurement 

3 unit cost, and total life-cycle cost; and 

4 ‘‘(B) the planned dates for initial oper5 ational test and evaluation and initial oper6 ational capability. 

7 ‘‘(2) The independent estimated cost for the pro8 gram established pursuant to section 2334(a)(6) of 

9 this title, and any independent estimated schedule for 

10 the program, including— 

11 ‘‘(A) the dollar values estimated for the pro12 gram acquisition unit cost, average procurement 

13 unit cost, and total life-cycle cost; and 

14 ‘‘(B) the planned dates for initial oper15 ational test and evaluation and initial oper16 ational capability. 

17 ‘‘(3) A summary of any production, manufac18 turing, and fielding risks associated with the pro19 gram. 

20 ‘‘(d) ADDITIONAL INFORMATION.—At the request of 

21 any of the congressional defense committees or, in the case 

22 of intelligence or intelligence-related activities, the congres23 sional intelligence committees, the milestone decision au24 thority shall submit to the committee further information 

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1 port submitted under subsection (a), (b), or (c), including 

2 the independent cost and schedule estimates and the inde3 pendent technical risk assessments referred to in those sub4 sections. 

5 ‘‘(e) CONGRESSIONAL INTELLIGENCE COMMITTEES

6 DEFINED.—In this section, the term ‘congressional intel7 ligence committees’ has the meaning given that term in sec8 tion 437(c) of this title.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such subchapter is amended by adding at 

11 the end the following new item: 

‘‘2448d. Reports on milestone decision metrics.’’. 

12 SEC. 1705. AMENDMENTS RELATING TO TECHNICAL DATA 

13 RIGHTS. 

14 (a) RIGHTS RELATING TO ITEM OR PROCESS DEVEL15 OPED EXCLUSIVELY AT PRIVATE EXPENSE.—Subsection 

16 (a)(2)(C)(iii) of section 2320 of title 10, United States Code, 

17 is amended by inserting after ‘‘or process data’’ the fol18 lowing: ‘‘, including such data pertaining to a major system 

19 component’’. 

20 (b) RIGHTS RELATING TO INTERFACE OR MAJOR SYS21 TEM INTERFACE.—Subsection (a)(2) of section 2320 of such 

22 title is further amended— 

23 (1) by redesignating subparagraphs (E), (F), 

24 and (G) as subparagraphs (F), (I), and (J), respec25 tively; 


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1 (2) in subparagraph (B), by striking ‘‘Except as 

2 provided in subparagraphs (C) and (D),’’ and insert3 ing ‘‘Except as provided in subparagraphs (C), (D), 

4 and (E),’’; 

5 (3) in subparagraph (D)(i), by striking sub6 clause (II) and inserting the following: 

7 ‘‘(II) is a release, disclosure, or use of 

8 technical data pertaining to an interface be9 tween an item or process and other items or 

10 processes; or’’; 

11 (4) by inserting after subparagraph (D) the fol12 lowing new subparagraph (E): 

13 ‘‘(E) Notwithstanding subparagraph (B), the 

14 United States shall have government purpose rights 

15 in technical data pertaining to a major system inter16 face developed exclusively at private expense and used 

17 in a modular open system approach pursuant to sec18 tion 2446a of this title.’’; 

19 (5) in subparagraph (F), as redesignated by 

20 paragraph (1), by striking ‘‘In the case of’’ and in21 serting ‘‘Except as provided in subparagraphs (G) 

22 and (H), in the case of’’; 

23 (6) by inserting after subparagraph (F), as so 

24 redesignated, the following new subparagraphs (G) 

25 and (H): 


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1 ‘‘(G) Notwithstanding subparagraph (F), the 

2 United States shall have government purpose rights 

3 in technical data pertaining to an interface between 

4 an item or process and other items or processes that 

5 was developed in part with Federal funds and in part 

6 at private expense, except in any case in which the 

7 Secretary of Defense determines, on the basis of cri8 teria established in the regulations, that negotiation 

9 of different rights in such technical data would be in 

10 the best interest of the United States. 

11 ‘‘(H) Notwithstanding subparagraph (F), the 

12 United States shall have government purpose rights 

13 in technical data pertaining to a major system inter14 face developed in part with Federal funds and in part 

15 at private expense and used in a modular open sys16 tem approach pursuant to section 2446a of this 

17 title.’’; and 

18 (7) in subparagraph (J), as redesignated by 

19 paragraph (1), by striking ‘‘provided under subpara20 graph (C) or (D),’’ and inserting ‘‘provided under 

21 subparagraph (C), (D), (E), or (H),’’. 

22 (c) AMENDMENT RELATING TO NEGOTIATED RIGHTS

23 FOR ITEM OR PROCESS DEVELOPED WITH MIXED FUND24 ING.—Section (a)(2)(F) of section 2320 of such title, as re25 designated by subsection (b)(1) of this section, is further 


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1 amended by striking the period at the end of the first sen2 tence in the matter preceding clause (i) and all that follows 

3 through ‘‘establishment of any such negotiated rights shall’’ 

4 and inserting ‘‘and shall be based on negotiations between 

5 the United States and the contractor, except in any case 

6 in which the Secretary of Defense determines, on the basis 

7 of criteria established in the regulations, that negotiations 

8 would not be practicable. The establishment of such rights 

9 shall’’. 

10 (d) AMENDMENT RELATING TO DEFERRED ORDER11 ING.—Subsection (b)(9) of section 2320 of such title is 

12 amended— 

13 (1) by striking ‘‘at any time’’ and inserting ‘‘, 

14 until the date occurring six years after acceptance of 

15 the last item (other than technical data) under a con16 tract or the date of contract termination, whichever is 

17 later,’’; 

18 (2) by striking ‘‘or utilized in the performance of 

19 a contract’’ and inserting ‘‘in the performance of the 

20 contract’’; and 

21 (3) by striking clause (ii) of subparagraph (B) 

22 and inserting the following: 

23 ‘‘(ii) is described in subparagraphs 

24 (D)(i)(II), (E), (G), and (H) of subsection 

25 (a)(2); and’’. 


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1 (e) DEFINITIONS.—Section 2320 of such title is further 

2 amended— 

3 (1) in subsection (f), by inserting ‘‘COVERED

4 GOVERNMENT SUPPORT CONTRACTOR DEFINED.—’’ 

5 before ‘‘In this section’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(g) ADDITIONAL DEFINITIONS.—In this section, the 

9 terms ‘major system component’, ‘major system interface’, 

10 and ‘modular open system approach’ have the meanings 

11 provided in section 2446a of this title.’’. 

12 (f) AMENDMENTS TO ADD CERTAIN HEADINGS FOR

13 READABILITY.—Section 2320(a) of such title is further 

14 amended— 

15 (1) in subparagraph (A) of paragraph (2), by 

16 inserting after ‘‘(A)’’ the following: ‘‘DEVELOPMENT

17 EXCLUSIVELY WITH FEDERAL FUNDS.—’’; 

18 (2) in subparagraph (B) of such paragraph, by 

19 inserting after ‘‘(B)’’ the following: ‘‘DEVELOPMENT

20 EXCLUSIVELY AT PRIVATE EXPENSE.—’’; and 

21 (3) in subparagraph (F) of such paragraph, as 

22 redesignated by subsection (b) of this section, by in23 serting after ‘‘(F)’’ the following: ‘‘DEVELOPMENT IN

24 PART WITH FEDERAL FUNDS AND IN PART AT PRI25 VATE EXPENSE.—’’. 


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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 serv22 ices of the Government in each industry category 

23 (as described under paragraph (2)) are awarded 

24 to small business concerns. 

25 ‘‘(2) INDUSTRY CATEGORY DEFINED.— 


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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 provided 

9 under the North American Industry Classifica10 tion codes if the Administrator receives evidence 

11 indicating that further segmentation of the in12 dustry category is warranted— 

13 ‘‘(i) due to special capital equipment 

14 needs; 

15 ‘‘(ii) due to special labor requirements; 

16 ‘‘(iii) due to special geographic re17 quirements, except as provided in subpara18 graph (B); 

19 ‘‘(iv) due to unique Federal buying 

20 patterns or requirements; or 

21 ‘‘(v) to recognize a new industry. 

22 ‘‘(B) EXCEPTION FOR GEOGRAPHIC RE23 QUIREMENTS.—The Administrator may not fur24 ther segment an industry category based on geo25 graphic requirements unless— 


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1 ‘‘(i) the Government typically des2 ignates the geographic area where work for 

3 contracts for goods or services is to be per4 formed; 

5 ‘‘(ii) Government purchases comprise 

6 the major portion of the entire domestic 

7 market for such goods or services; and 

8 ‘‘(iii) it is unreasonable to expect com9 petition from business concerns located out10 side of the general geographic area due to 

11 the fixed location of facilities, high mobili12 zation costs, or similar economic factors. 

13 ‘‘(3) DETERMINATIONS WITH RESPECT TO

14 AWARDS OR CONTRACTS.—Determinations made pur15 suant to paragraph (1) may be made for individual 

16 awards or contracts, any part of an award or con17 tract or task order, or for classes of awards or con18 tracts or task orders. 

19 ‘‘(4) INCREASING PRIME CONTRACTING OPPORTU20 NITIES FOR SMALL BUSINESS CONCERNS.— 

21 ‘‘(A) DESCRIPTION OF COVERED PROPOSED

22 PROCUREMENTS.—The requirements of this 

23 paragraph shall apply to a proposed procure24 ment that includes in its statement of work goods 

25 or services currently being supplied or performed 


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1 by a small business concern and, as determined 

2 by the Administrator— 

3 ‘‘(i) is in a quantity or of an estimated 

4 dollar value which makes the participation 

5 of a small business concern as a prime con6 tractor unlikely; 

7 ‘‘(ii) in the case of a proposed procure8 ment for construction, if such proposed pro9 curement seeks to bundle or consolidate dis10 crete construction projects; or 

11 ‘‘(iii) is a solicitation that involves an 

12 unnecessary or unjustified bundling of con13 tract requirements. 

14 ‘‘(B) NOTICE TO PROCUREMENT CENTER

15 REPRESENTATIVES.—With respect to proposed 

16 procurements described in subparagraph (A), at 

17 least 30 days before issuing a solicitation and 

18 concurrent with other processing steps required 

19 before issuing the solicitation, the contracting 

20 agency shall provide a copy of the proposed pro21 curement to the procurement center representa22 tive of the contracting agency (as described in 

23 subsection (l)) along with a statement explain24 ing— 


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1 ‘‘(i) why the proposed procurement 

2 cannot be divided into reasonably small lots 

3 (not less than economic production runs) to 

4 permit offers on quantities less than the 

5 total requirement; 

6 ‘‘(ii) why delivery schedules cannot be 

7 established on a realistic basis that will en8 courage the participation of small business 

9 concerns in a manner consistent with the 

10 actual requirements of the Government; 

11 ‘‘(iii) why the proposed procurement 

12 cannot be offered to increase the likelihood 

13 of the participation of small business con14 cerns; 

15 ‘‘(iv) in the case of a proposed procure16 ment for construction, why the proposed 

17 procurement cannot be offered as separate 

18 discrete projects; or 

19 ‘‘(v) why the agency has determined 

20 that the bundling of contract requirements 

21 is necessary and justified. 

22 ‘‘(C) ALTERNATIVES TO INCREASE PRIME

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1 ment will make the participation of small busi2 ness concerns as prime contractors unlikely, the 

3 procurement center representative, within 15 

4 days after receiving the statement described in 

5 subparagraph (B), shall recommend to the con6 tracting agency alternative procurement methods 

7 for increasing prime contracting opportunities 

8 for small business concerns. 

9 ‘‘(D) FAILURE TO AGREE ON AN ALTER10 NATIVE PROCUREMENT METHOD.—If the procure11 ment center representative and the contracting 

12 agency fail to agree on an alternative procure13 ment method, the Administrator shall submit the 

14 matter to the head of the appropriate department 

15 or agency for a determination. 

16 ‘‘(5) CONTRACTS FOR SALE OF GOVERNMENT

17 PROPERTY.—With respect to a contract for the sale of 

18 Government property, small business concerns shall 

19 receive any such contract if, in the determination of 

20 the Administrator and the disposal agency, the award 

21 of such contract is in the interest of assuring that a 

22 fair proportion of the total sales of Government prop23 erty be made to small business concerns. 

24 ‘‘(6) SALE OF ELECTRICAL POWER OR OTHER

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1 strued to change any preferences or priorities estab2 lished by law with respect to the sale of electrical 

3 power or other property by the Federal Government. 

4 ‘‘(7) COSTS EXCEEDING FAIR MARKET PRICE.— 

5 A contract may not be awarded under this subsection 

6 if the cost of the contract to the awarding agency ex7 ceeds a fair market price.’’. 

8 SEC. 1802. IMPROVING REPORTING ON SMALL BUSINESS 

9 GOALS. 

10 (a) IN GENERAL.—Section 15(h)(2)(E) of the Small 

11 Business Act (15 U.S.C. 644(h)(2)(E)) is amended— 

12 (1) in clause (i)— 

13 (A) in subclause (III), by striking ‘‘and’’ at 

14 the end; and 

15 (B) by adding at the end the following new 

16 subclauses: 

17 ‘‘(V) 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 to 

21 be small business concerns for purposes 

22 of the initial contract; and 

23 ‘‘(VI) that were awarded using a 

24 procurement method that restricted 

25 competition to small business concerns 


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1 owned and controlled by service-dis2 abled veterans, qualified HUBZone 

3 small business concerns, small business 

4 concerns owned and controlled by so5 cially and economically disadvantaged 

6 individuals, small business concerns 

7 owned and controlled by women, or a 

8 subset of any such concerns;’’; 

9 (2) in clause (ii)— 

10 (A) in subclause (IV), by striking ‘‘and’’ at 

11 the end; and 

12 (B) by adding at the end the following new 

13 subclauses: 

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 to 

18 be small business concerns owned and 

19 controlled by service-disabled veterans 

20 for purposes of the initial contract; 

21 and 

22 ‘‘(VII) that were awarded using a 

23 procurement method that restricted 

24 competition to qualified HUBZone 

25 small business concerns, small business 


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1 concerns owned and controlled by so2 cially and economically disadvantaged 

3 individuals, small business concerns 

4 owned and controlled by women, or a 

5 subset of any such concerns;’’; 

6 (3) in clause (iii)— 

7 (A) in subclause (V), by striking ‘‘and’’ at 

8 the end; and 

9 (B) by adding at the end the following new 

10 subclauses: 

11 ‘‘(VII) that were purchased by an12 other entity after the initial contract 

13 was awarded and as a result of the 

14 purchase, would no longer be deemed to 

15 be qualified HUBZone small business 

16 concerns for purposes of the initial 

17 contract; and 

18 ‘‘(VIII) that were awarded using 

19 a procurement method that restricted 

20 competition to small business concerns 

21 owned and controlled by service-dis22 abled veterans, small business concerns 

23 owned and controlled by socially and 

24 economically disadvantaged individ25 uals, small business concerns owned 


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1 and controlled by women, or a subset 

2 of any such concerns;’’; 

3 (4) in clause (iv)— 

4 (A) in subclause (V), by striking ‘‘and’’ at 

5 the end; and 

6 (B) by adding at the end the following new 

7 subclauses: 

8 ‘‘(VII) that were purchased by an9 other entity after the initial contract 

10 was awarded and as a result of the 

11 purchase, would no longer be deemed to 

12 be small business concerns owned and 

13 controlled by socially and economically 

14 disadvantaged individuals for purposes 

15 of the initial contract; and 

16 ‘‘(VIII) that were awarded using 

17 a procurement method that restricted 

18 competition to small business concerns 

19 owned and controlled by service-dis20 abled veterans, qualified HUBZone 

21 small business concerns, small business 

22 concerns owned and controlled by 

23 women, or a subset of any such con24 cerns;’’; 

25 (5) in clause (v)— 


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1 (A) in subclause (IV), by striking ‘‘and’’ at 

2 the end; 

3 (B) in subclause (V), by inserting ‘‘and’’ at 

4 the end; and 

5 (C) by adding at the end the following new 

6 subclause: 

7 ‘‘(VI) 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 to 

11 be small business concerns owned by 

12 an Indian tribe other than an Alaska 

13 Native Corporation for purposes of the 

14 initial contract;’’; 

15 (6) in clause (vi)— 

16 (A) in subclause (IV), by striking ‘‘and’’ at 

17 the end; 

18 (B) in subclause (V), by inserting ‘‘and’’ at 

19 the end; and 

20 (C) by adding at the end the following new 

21 subclause: 

22 ‘‘(VI) that were purchased by an23 other entity after the initial contract 

24 was awarded and as a result of the 

25 purchase, would no longer be deemed to 


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1 be small business concerns owned by a 

2 Native Hawaiian Organization for 

3 purposes of the initial contract;’’; 

4 (7) in clause (vii)— 

5 (A) in subclause (IV), by striking ‘‘and’’ at 

6 the end; and 

7 (B) by adding at the end the following new 

8 subclause: 

9 ‘‘(VI) that were purchased by an10 other entity after the initial contract 

11 was awarded and as a result of the 

12 purchase, would no longer be deemed to 

13 be small business concerns owned by 

14 an Alaska Native Corporation for pur15 poses of the initial contract; and’’; and 

16 (8) in clause (viii)— 

17 (A) in subclause (VII), by striking ‘‘and’’ at 

18 the end; 

19 (B) in subclause (VIII), by striking ‘‘and’’ 

20 at the end; and 

21 (C) by adding at the end the following new 

22 subclauses: 

23 ‘‘(IX) that were purchased by an24 other entity after the initial contract 

25 was awarded and as a result of the 


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1 purchase, would no longer be deemed to 

2 be small business concerns owned and 

3 controlled by women for purposes of the 

4 initial contract; and 

5 ‘‘(X) that were awarded using a 

6 procurement method that restricted 

7 competition to small business concerns 

8 owned and controlled by service-dis9 abled veterans, qualified HUBZone 

10 small business concerns, small business 

11 concerns owned and controlled by so12 cially and economically disadvantaged 

13 individuals, or a subset of any such 

14 concerns; and’’. 

15 (b) EFFECTIVE DATE.—The Administrator of the 

16 Small Business Administration shall be required to report 

17 on the information required by sections 15(h)(2)(E)(i)(V), 

18 15(h)(2)(E)(ii)(VI), 15(h)(2)(E)(iii)(VII), 

19 15(h)(2)(E)(iv)(VII), 15(h)(2)(E)(v)(VI), 

20 15(h)(2)(E)(vi)(VI), 15(h)(2)(E)(vii)(VI), and 

21 15(h)(2)(E)(viii)(IX) only beginning on the date that the 

22 Federal Procurement Data System, System for Award 

23 Management or any new or successor system is able to re24 port such data. 


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1 SEC. 1803. TRANSPARENCY IN SMALL BUSINESS GOALS. 

2 Section 15(h)(3) of the Small Business Act (15 U.S.C. 

3 644(h)(3)) is amended to read as follows:: 

4 ‘‘(3) PROCUREMENT DATA.— 

5 ‘‘(A) FEDERAL PROCUREMENT DATA SYS6 TEM.— 

7 ‘‘(i) IN GENERAL.—To assist in the 

8 implementation of this section, the Admin9 istrator shall have access to information col10 lected through the Federal Procurement 

11 Data System, Federal Subcontracting Re12 porting System, or any new or successor 

13 system. 

14 ‘‘(ii) GSA REPORT.—On the date that 

15 the Administrator makes available the re16 port required by paragraph (2), the Admin17 istrator of the General Services Administra18 tion shall submit a report to the President 

19 and Congress, and to make available on a 

20 public Web site, a report in the same form 

21 and manner, and including the same infor22 mation, as the report under paragraph (2). 

23 Such report shall include all procurements 

24 made for the period covered by the report 

25 and may not exclude any contract awarded. 


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1 ‘‘(B) AGENCY PROCUREMENT DATA

2 SOURCES.—To assist in the implementation of 

3 this section, the head of each contracting agency 

4 shall provide, upon request of the Administrator, 

5 procurement information collected through agen6 cy data collection sources in existence at the time 

7 of the request. Contracting agencies shall not be 

8 required to establish new data collection systems 

9 to provide such data.’’. 

10 SEC. 1804. UNIFORMITY IN PROCUREMENT TERMINOLOGY. 

11 (a) IN GENERAL.—Section 15(j)(1) of the Small Busi12 ness Act (15 U.S.C. 644(j)(1)) is amended by striking 

13 ‘‘greater than $2,500 but not greater than $100,000’’ and 

14 inserting ‘‘greater than the micro-purchase threshold, but 

15 not greater than the simplified acquisition threshold’’. 

16 (b) TECHNICAL AMENDMENT.—Section 3(m) of the 

17 Small Business Act (15 U.S.C. 632(m)) is amended to read 

18 as follows: 

19 ‘‘(m) DEFINITIONS PERTAINING TO CONTRACTING.— 

20 In this Act: 

21 ‘‘(1) PRIME CONTRACT.—The term ‘prime con22 tract’ has the meaning given such term in section 

23 8701(4) of title 41, United States Code. 


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1 ‘‘(2) PRIME CONTRACTOR.—The term ‘prime con2 tractor’ has the meaning given such term in section 

3 8701(5) of title 41, United States Code. 

4 ‘‘(3) SIMPLIFIED ACQUISITION THRESHOLD.— 

5 The term ‘simplified acquisition threshold’ has the 

6 meaning given such term in section 134 of title 41, 

7 United States Code. 

8 ‘‘(4) MICRO-PURCHASE THRESHOLD.—The term 

9 ‘micro-purchase threshold’ has the meaning given such 

10 term in section 1902(a) of title 41, United States 

11 Code. 

12 ‘‘(5) TOTAL PURCHASE AND CONTRACTS FOR

13 PROPERTY AND SERVICES.—The term ‘total purchases 

14 and contracts for property and services’ shall mean 

15 total number and total dollar amount of contracts 

16 and orders for property and services.’’. 

17 Subtitle B—Clarifying the Roles of 

18 Small Business Advocates 

19 SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER 

20 REPRESENTATIVES. 

21 Section 15(l) of the Small Business Act (15 U.S.C. 

22 644(l)) is amended by adding at the end the following: 

23 ‘‘(9) SCOPE OF REVIEW.—The Administrator— 

24 ‘‘(A) may not limit the scope of review by 

25 the Procurement Center Representative for any 


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1 solicitation of a contract or task order without 

2 regard to whether the contract or task order or 

3 part of the contract or task order is set aside for 

4 small business concerns, whether 1 or more con5 tract or task order awards are reserved for small 

6 business concerns under a multiple award con7 tract, or whether or not the solicitation would re8 sult in a bundled or consolidated contract (as de9 fined in subsection (s)) or a bundled or consoli10 dated task order; and 

11 ‘‘(B) may, unless the contracting agency re12 quests a review, limit the scope of review by the 

13 Procurement Center Representative for any solic14 itation of a contract or task order if such pro15 curement is conducted pursuant to section 22 of 

16 the Foreign Military Sales Act (22 U.S.C. 2762), 

17 is a humanitarian operation as defined in sec18 tion 401(e) of title 10, United States Code, or is 

19 for a contingency operation, as defined in section 

20 101(a)(13) of title 10, United States Code.’’. 

21 SEC. 1812. RESPONSIBILITIES OF COMMERCIAL MARKET 

22 REPRESENTATIVES. 

23 Section 4(h) of the Small Business Act (as added by 

24 section 865 of the National Defense Authorization Act for 


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1 Fiscal Year 2016 (Public Law 114–92)) is amended to read 

2 as follows: 

3 ‘‘(h) COMMERCIAL MARKET REPRESENTATIVES.— 

4 ‘‘(1) DUTIES.—The principal duties of a Com5 mercial Market Representative employed by the Ad6 ministrator and reporting to the senior official ap7 pointed by the Administrator with responsibilities 

8 under sections 8, 15, 31, and 36 (or the designee of 

9 such official) shall be to advance the policies estab10 lished in section 8(d)(1) relating to subcontracting. 

11 Such duties shall include— 

12 ‘‘(A) helping prime contractors to find 

13 small business concerns that are capable of per14 forming subcontracts; 

15 ‘‘(B) for contractors awarded contracts con16 taining the clause described in section 8(d)(3), 

17 providing— 

18 ‘‘(i) counseling on the contractor’s re19 sponsibility to maximize subcontracting op20 portunities for small business concerns; 

21 ‘‘(ii) instruction on methods and tools 

22 to identify potential subcontractors that are 

23 small business concerns; and 

24 ‘‘(iii) assistance to increase awards to 

25 subcontractors that are small business conVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 cerns through visits, training, and reviews 

2 of past performance; 

3 ‘‘(C) providing counseling on how a small 

4 business concern may promote its capacity to 

5 contractors awarded contracts containing the 

6 clause described in section 8(d)(3); and 

7 ‘‘(D) conducting periodic reviews of con8 tractors awarded contracts containing the clause 

9 described in section 8(d)(3) to assess compliance 

10 with subcontracting plans required under section 

11 8(d)(6). 

12 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—Consistent with the re14 quirements of subparagraph (B), a commercial 

15 market representative referred to in section 

16 15(q)(3) shall have a Level I Federal Acquisition 

17 Certification in Contracting (or any successor 

18 certification) or the equivalent Department of 

19 Defense certification, except that a commercial 

20 market representative who was serving on or be21 fore the date of the enactment of the National 

22 Defense Authorization Act for Fiscal Year 2016 

23 may continue to serve as a commercial market 

24 representative for a period of 5 years beginning 

25 on such date without such a certification. 


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1 ‘‘(B) DELAY OF CERTIFICATION REQUIRE2 MENT.— 

3 ‘‘(i) TIMING.—The certification de4 scribed in subparagraph (A) is not required 

5 for any person serving as a commercial 

6 market representative until the date that is 

7 one calendar year after the date such person 

8 is appointed as a commercial market rep9 resentative. 

10 ‘‘(ii) APPLICATION.—The requirements 

11 of clause (i) shall be included in any initial 

12 job posting for the position of a commercial 

13 market representative and shall apply to 

14 any person appointed as a commercial 

15 market representative after November 25, 

16 2015.’’. 

17 SEC. 1813. DUTIES OF THE OFFICE OF SMALL AND DIS18 ADVANTAGED BUSINESS UTILIZATION. 

19 Section 15(k) of the Small Business Act (15 U.S.C. 

20 644(k)), as amended by section 870 of the National Defense 

21 Authorization Act for Fiscal Year 2016 (Public Law 114– 

22 92), is amended— 

23 (1) by striking ‘‘section 8, 15 or 44’’ and insert24 ing ‘‘section 8, 15, 31, 36, or 44’’; 


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1 (2) by striking ‘‘sections 8 and 15’’ each place 

2 such term appears and inserting ‘‘sections 8, 15, 31, 

3 36, and 44’’; 

4 (3) in paragraph (10), by striking ‘‘section 8(a)’’ 

5 and inserting ‘‘section 8, 15, 31, or 36’’; 

6 (4) in paragraph (17)(C), by striking the period 

7 at the end, and inserting ‘‘; and’’; 

8 (5) by inserting after paragraph (17) the fol9 lowing new paragraph: 

10 ‘‘(18) shall review summary data provided by 

11 purchase card issuers of purchases made by the agen12 cy greater than the micro-purchase threshold, and less 

13 than the simplified acquisition threshold to ensure 

14 that the purchases have been made in compliance 

15 with the provisions of this Act and have been properly 

16 recorded in the Federal Procurement Data System, if 

17 the method of payment is a purchase card issued by 

18 the Department of Defense pursuant to section 2784 

19 of title 10, United States Code, or by the head of an 

20 executive agency pursuant to section 1909 of title 41, 

21 United States Code;’’; and 

22 (6) in paragraph (16)— 

23 (A) in subparagraph (B), by striking ‘‘and’’ 

24 at the end; and 


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1 (B) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(D) any failure of the agency to comply 

4 with section 8, 15, 31, or 36;’’. 

5 SEC. 1814. IMPROVING CONTRACTOR COMPLIANCE. 

6 (a) REQUIREMENTS FOR THE OFFICE OF SMALL AND

7 DISADVANTAGED BUSINESS UTILIZATION.—Section 15(k) 

8 of the Small Business Act (15 U.S.C. 644(k)(8)), as amend9 ed by this Act, is further amended by inserting after para10 graph (18) (as inserted by section 1813 of this Act) the fol11 lowing: 

12 ‘‘(19) shall provide assistance to a small business 

13 concern awarded a contract or subcontract under this 

14 Act or under title 10 or title 41, United States Code, 

15 in finding resources for education and training on 

16 compliance with contracting regulations (including 

17 the Federal Acquisition Regulation) after award of 

18 such a contract or subcontract; and’’. 

19 (b) REQUIREMENTS UNDER THE MENTOR-PROTEGE

20 PROGRAM OF THE DEPARTMENT OF DEFENSE.—Section 

21 831(e)(1) of the National Defense Authorization Act for Fis22 cal Year 1991 (Public Law 101–510; 104 Stat. 1607; 10 

23 U.S.C. 2302 note) is amended— 

24 (1) in subparagraph (B), by striking ‘‘and’’ at 

25 the end; 


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1 (2) in subparagraph (C), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by inserting at the end the following new 

4 subparagraph: 

5 ‘‘(D) the assistance the mentor firm will 

6 provide to the protege firm in understanding 

7 contract regulations of the Federal Government 

8 and the Department of Defense (including the 

9 Federal Acquisition Regulation and the Defense 

10 Federal Acquisition Regulation Supplement) 

11 after award of a subcontract under this section, 

12 if applicable.’’. 

13 (c) RESOURCES FOR SMALL BUSINESS CONCERNS.— 

14 Section 15 of the Small Business Act (15 U.S.C. 644) is 

15 amended by adding at the end the following new subsection: 

16 ‘‘(t) POST-AWARD COMPLIANCE RESOURCES.—The 

17 Administrator shall provide to small business development 

18 centers and entities participating in the Procurement Tech19 nical Assistance Cooperative Agreement Program under 

20 chapter 142 of title 10, United States Code, and shall make 

21 available on the website of the Administration, a list of re22 sources for small business concerns seeking education and 

23 assistance on compliance with contracting regulations (in24 cluding the Federal Acquisition Regulation) after award of 

25 a contract or subcontract.’’. 


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1 (d) REQUIREMENTS FOR PROCUREMENT CENTER REP2 RESENTATIVES.—Section 15(l)(2) of the Small Business Act 

3 (15 U.S.C. 644(l)(2)) is amended— 

4 (1) by redesignating subparagraph (I) as sub5 paragraph (J); 

6 (2) in subparagraph (H), by striking ‘‘and’’ at 

7 the end; and 

8 (3) by inserting after subparagraph (H) the fol9 lowing new subparagraph: 

10 ‘‘(I) assist small business concerns with 

11 finding resources for education and training on 

12 compliance with contracting regulations (includ13 ing the Federal Acquisition Regulation) after 

14 award of a contract or subcontract; and’’. 

15 (e) REQUIREMENTS UNDER THE MENTOR-PROTEGE

16 PROGRAM OF THE SMALL BUSINESS ADMINISTRATION.— 

17 Section 45(b)(3) of the Small Business Act (15 U.S.C. 

18 657r(b)(3)) is amended by adding at the end the following 

19 new subparagraph: 

20 ‘‘(K) The extent to which assistance with 

21 compliance with the requirements of contracting 

22 with the Federal Government after award of a 

23 contract or subcontract under this section.’’. 


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1 SEC. 1815. RESPONSIBILITIES OF BUSINESS OPPORTUNITY 

2 SPECIALISTS. 

3 Section 4(g) of the Small Business Act (as added by 

4 section 865 of the National Defense Authorization Act for 

5 Fiscal Year 2016 (Public Law 114–92)) is amended to read 

6 as follows: 

7 ‘‘(g) BUSINESS OPPORTUNITY SPECIALISTS.— 

8 ‘‘(1) DUTIES.—The exclusive duties of a Business 

9 Opportunity Specialist employed by the Adminis10 trator and reporting to the senior official appointed 

11 by the Administrator with responsibilities under sec12 tions 8, 15, 31, and 36 (or the designee of such offi13 cial) shall be to implement sections 7, 8, and 45 and 

14 to complete other duties related to contracting pro15 grams under this Act. Such duties shall include— 

16 ‘‘(A) with respect to small business concerns 

17 eligible to receive contracts and subcontracts pur18 suant to section 8(a)— 

19 ‘‘(i) providing guidance, counseling, 

20 and referrals for assistance with technical, 

21 management, financial, or other matters 

22 that will improve the competitive viability 

23 of such concerns; 

24 ‘‘(ii) identifying causes of success or 

25 failure of such concerns; 


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1 ‘‘(iii) providing comprehensive assess2 ments of such concerns, including identi3 fying the strengths and weaknesses of such 

4 concerns; 

5 ‘‘(iv) monitoring and documenting 

6 compliance with the requirements of sec7 tions 7 and 8 and any regulations imple8 menting those sections; 

9 ‘‘(v) explaining the requirements of sec10 tions 7, 8, 15, 31, 36 and 45; and 

11 ‘‘(vi) advising on compliance with con12 tracting regulations (including the Federal 

13 Acquisition Regulation) after award of such 

14 a contract or subcontract; 

15 ‘‘(B) reviewing and monitoring compliance 

16 with mentor-protege agreements under section 

17 45; 

18 ‘‘(C) representing the interests of the Ad19 ministrator and small business concerns in the 

20 award, modification, and administration of con21 tracts and subcontracts awarded pursuant to sec22 tion 8(a); and 

23 ‘‘(D) reporting fraud or abuse under section 

24 7, 8, 15, 31, 36 or 45 or any regulations imple25 menting such sections. 


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1 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

2 ‘‘(A) IN GENERAL.—Consistent with the re3 quirements of subparagraph (B), a Business Op4 portunity Specialist described under section 

5 7(j)(10)(D) shall have a Level I Federal Acquisi6 tion Certification in Contracting (or any suc7 cessor certification) or the equivalent Depart8 ment of Defense certification, except that a Busi9 ness Opportunity Specialist who was serving on 

10 or before January 3, 2013, may continue to serve 

11 as a Business Opportunity Specialist for a pe12 riod of 5 years beginning on such date without 

13 such a certification. 

14 ‘‘(B) DELAY OF CERTIFICATION REQUIRE15 MENT.— 

16 ‘‘(i) TIMING.—The certification de17 scribed in subparagraph (A) is not required 

18 for any person serving as a Business Op19 portunity Specialist until the date that is 

20 one calendar year after the date such person 

21 is appointed as a Business Opportunity 

22 Specialist. 

23 ‘‘(ii) APPLICATION.—The requirements 

24 of clause (i) shall be included in any initial 

25 job posting for the position of a Business 


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1 Opportunity Specialist and shall apply to 

2 any person appointed as a Business Oppor3 tunity Specialist after January 3, 2013’’. 

4 Subtitle C—Strengthening Opportu5 nities for Competition in Sub6 contracting 

7 SEC. 1821. GOOD FAITH IN SUBCONTRACTING. 

8 (a) TRANSPARENCY IN SUBCONTRACTING GOALS.— 

9 Section 8(d)(9) of the Small Business Act (15 U.S.C. 

10 637(d)(9)) is amended— 

11 (1) by striking ‘‘(9) The failure’’ and inserting 

12 the following: 

13 ‘‘(9) MATERIAL BREACH.—The failure’’; 

14 (2) in subparagraph (A), by striking ‘‘or’’ at the 

15 end; 

16 (3) in subparagraph (B), by inserting ‘‘or’’ at 

17 the end; 

18 (4) by inserting after subparagraph (B) the fol19 lowing: 

20 ‘‘(C) assurances provided under paragraph 

21 (6)(E),’’; and 

22 (5) by moving the margins of subparagraphs (A) 

23 and (B), and the matter after subparagraph (C) (as 

24 inserted by paragraph (4)), 2 ems to the right. 


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1 (b) REVIEW OF SUBCONTRACTING PLANS.—Section 

2 15(k) of the Small Business Act (15 U.S.C. 644(k)) is 

3 amended by inserting after paragraph (19) (as inserted by 

4 section 1814 of this Act) the following: 

5 ‘‘(20) shall review all subcontracting plans re6 quired by section 8(d)(4) or 8(d)(5) to ensure that the 

7 plan provides maximum practicable opportunity for 

8 small business concerns to participate in the perform9 ance of the contract to which the plan applies.’’. 

10 (c) GOOD FAITH COMPLIANCE.—Not later than 270 

11 days after the date of enactment of this title, the Adminis12 trator of the Small Business Administration shall provide 

13 examples of activities that would be considered a failure to 

14 make a good faith effort to comply with the requirements 

15 imposed on an entity (other than a small business concern 

16 as defined under section 3 of the Small Business Act (15 

17 U.S.C. 632)) that is awarded a prime contract containing 

18 the clauses required under paragraph (4) or (5) of section 

19 8(d) of the Small Business Act (15 U.S.C. 637(d)). 

20 SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES 

21 FOR QUALIFIED SUBCONTRACTORS TO OB22 TAIN PAST PERFORMANCE RATINGS. 

23 Section 8(d) of the Small Business Act (15 U.S.C. 

24 637(d)), as amended by this Act, is further amended by 

25 adding at the end the following new paragraph: 


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1 ‘‘(18) PILOT PROGRAM PROVIDING PAST PER2 FORMANCE RATINGS FOR OTHER SMALL BUSINESS

3 SUBCONTRACTORS.— 

4 ‘‘(A) ESTABLISHMENT.—The Administrator 

5 shall establish a pilot program for a small busi6 ness concern without a past performance rating 

7 as a prime contractor performing as a first tier 

8 subcontractor for a covered contract (as defined 

9 in paragraph 13(A)) to request a past perform10 ance rating in the system used by the Federal 

11 Government to monitor or record contractor past 

12 performance. 

13 ‘‘(B) APPLICATION.—A small business con14 cern described in subparagraph (A) shall submit 

15 an application to the appropriate official for a 

16 past performance rating. Such application shall 

17 include written evidence of the past performance 

18 factors for which the small business concern seeks 

19 a rating and a suggested rating. 

20 ‘‘(C) DETERMINATION.—The appropriate of21 ficial shall submit the application from the small 

22 business concern to the Office of Small and Dis23 advantaged Business Utilization for the covered 

24 contract and to the prime contractor for review. 

25 The Office of Small and Disadvantaged Business 


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1 Utilization and the prime contractor shall, not 

2 later than 30 days after receipt of the applica3 tion, submit to the appropriate official a re4 sponse regarding the application. 

5 ‘‘(i) AGREEMENT ON RATING.—If the 

6 Office of Small and Disadvantaged Business 

7 Utilization and the prime contractor agree 

8 on a past performance rating, or if either 

9 the Office of Small and Disadvantaged 

10 Business Utilization or the prime con11 tractor fail to respond and the responding 

12 individual agrees with the rating of the ap13 plicant small business concern, the appro14 priate official shall enter the agreed-upon 

15 past performance rating in the system de16 scribed in subparagraph (A). 

17 ‘‘(ii) DISAGREEMENT ON RATING.—If 

18 the Office of Small and Disadvantaged 

19 Business Utilization and the prime con20 tractor fail to respond within 30 days or if 

21 they disagree about the rating, or if either 

22 the Office of Small and Disadvantaged 

23 Business Utilization or the prime con24 tractor fail to respond and the responding 

25 individual disagrees with the rating of the 


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1 applicant small business concern, the Office 

2 of Small and Disadvantaged Business Utili3 zation or the prime contractor shall submit 

4 a notice contesting the application to the 

5 appropriate official. The appropriate offi6 cial shall follow the requirements of sub7 paragraph (D). 

8 ‘‘(D) PROCEDURE FOR RATING.—Not later 

9 than 14 calendar days after receipt of a notice 

10 under subparagraph (C)(ii), the appropriate offi11 cial shall submit such notice to the applicant 

12 small business concern. Such concern may sub13 mit comments, rebuttals, or additional informa14 tion relating to the past performance of such 

15 concern not later 14 calendar days after receipt 

16 of such notice. The appropriate official shall 

17 enter into the system described in subparagraph 

18 (A) a rating that is neither favorable nor unfa19 vorable along with the initial application from 

20 the small business concern, the responses of the 

21 Office of Small and Disadvantaged Business 

22 Utilization and the prime contractor, and any 

23 additional information provided by the small 

24 business concern. A copy of the information sub25 mitted shall be provided to the contracting officer 


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1 (or designee of such officer) for the covered con2 tract. 

3 ‘‘(E) USE OF INFORMATION.—A small busi4 ness subcontractor may use a past performance 

5 rating given under this paragraph to establish 

6 its past performance for a prime contract. 

7 ‘‘(F) DURATION.—The pilot program estab8 lished under this paragraph shall terminate 3 

9 years after the date on which the first small 

10 business concern receives a past performance rat11 ing for performance as a first tier subcontractor. 

12 ‘‘(G) REPORT.—The Comptroller General of 

13 the United States shall begin an assessment of 

14 the pilot program 1 year after the establishment 

15 of such program. Not later than 6 months after 

16 beginning such assessment, the Comptroller Gen17 eral shall submit a report to the Committee on 

18 Small Business and Entrepreneurship of the 

19 Senate and the Committee on Small Business of 

20 the House of Representatives, which shall in21 clude— 

22 ‘‘(i) the number of small business con23 cerns that have received past performance 

24 ratings under the pilot program; 


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1 ‘‘(ii) the number of applications in 

2 which the contracting officer (or designee) 

3 or the prime contractor contested the appli4 cation of the small business concern; 

5 ‘‘(iii) any suggestions or recommenda6 tions the Comptroller General or the small 

7 business concerns participating in the pro8 gram have to address disputes between the 

9 small business concern, the contracting offi10 cer (or designee), and the prime contractor 

11 on past performance ratings; 

12 ‘‘(iv) the number of small business con13 cerns awarded prime contracts after receiv14 ing a past performance rating under this 

15 pilot; and 

16 ‘‘(v) any suggestions or recommenda17 tion the Comptroller General has to improve 

18 the operation of the pilot program. 

19 ‘‘(H) APPROPRIATE OFFICIAL DEFINED.—In 

20 this paragraph, the term ‘appropriate official’ 

21 means a Commercial Market Representative or 

22 other individual designated by the senior official 

23 appointed by the Administrator with responsibil24 ities under sections 8, 15, 31, and 36.’’. 


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1 Subtitle D—Mentor-Protege 

2 Programs 

3 SEC. 1831. AMENDMENTS TO THE MENTOR-PROTEGE PRO4 GRAM OF THE DEPARTMENT OF DEFENSE. 

5 Section 831 of the National Defense Authorization Act 

6 for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1607; 

7 10 U.S.C. 2302 note) is amended— 

8 (1) in subsection (d)— 

9 (A) by amending paragraph (1) to read as 

10 follows: 

11 ‘‘(1) prior to the approval of that agreement, the 

12 Administrator of the Small Business Administration 

13 had made no finding of affiliation between the mentor 

14 firm and the protege firm;’’; 

15 (B) by redesignating paragraph (2) as 

16 paragraph (3); and 

17 (C) by inserting after paragraph (1) the fol18 lowing new paragraph: 

19 ‘‘(2)(A) the Administrator of the Small Business 

20 Administration does not have a current finding of af21 filiation between the mentor firm and protege firm; or 

22 ‘‘(B) the Secretary, after considering the regula23 tions promulgated by the Administrator of the Small 

24 Business Administration regarding affiliation— 


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1 ‘‘(i) does not have reason to believe that the 

2 mentor firm affiliated with the protege firm; or 

3 ‘‘(ii) has received a formal determination of 

4 no affiliation between the mentor firm and pro5 tege firm from the Administrator after having 

6 submitted a question of affiliation to the Admin7 istrator; and’’; 

8 (2) in subsection (n), by amending paragraph 

9 (9) to read as follows: 

10 ‘‘(9) The term ‘affiliation’, with respect to a rela11 tionship between a mentor firm and a protege firm, 

12 means a relationship described under section 121.103 

13 of title 13, Code of Federal Regulations (or any suc14 cessor regulation).’’; and 

15 (3) in subsection (f)(6)— 

16 (A) in subparagraph (B), by striking ‘‘or’’ 

17 at the end; 

18 (B) in subparagraph (C), by striking the 

19 period at the end and inserting ‘‘; or’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(D) women’s business centers described in 

22 section 29 of the Small Business Act (15 U.S.C. 

23 656).’’. 


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1 SEC. 1832. IMPROVING COOPERATION BETWEEN THE MEN2 TOR-PROTEGE PROGRAMS OF THE SMALL 

3 BUSINESS ADMINISTRATION AND THE DE4 PARTMENT OF DEFENSE. 

5 Section 45(b)(4) of the Small Business Act (15 U.S.C. 

6 657r(b)(4)) is amended by striking subparagraph (A) and 

7 redesignating subparagraphs (B) and (C) as subparagraphs 

8 (A) and (B), respectively. 

9 Subtitle E—Women’s Business 

10 Programs 

11 SEC. 1841. OFFICE OF WOMEN’S BUSINESS OWNERSHIP. 

12 Section 29(g) of the Small Business Act (15 U.S.C. 

13 656(g)) is amended— 

14 (1) in paragraph (2), by striking subparagraphs 

15 (B) and (C) and inserting the following: 

16 ‘‘(B) RESPONSIBILITIES.—The responsibil17 ities of the Assistant Administrator shall be to 

18 administer the programs and services of the Of19 fice of Women’s Business Ownership. 

20 ‘‘(C) DUTIES.—The Assistant Adminis21 trator shall perform the following functions with 

22 respect to the Office of Women’s Business Owner23 ship: 

24 ‘‘(i) Recommend the annual adminis25 trative and program budgets of the Office 


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1 and eligible entities receiving a grant under 

2 the Women’s Business Center Program. 

3 ‘‘(ii) Review the annual budgets sub4 mitted by each eligible entity receiving a 

5 grant under the Women’s Business Center 

6 Program. 

7 ‘‘(iii) Select applicants to receive 

8 grants to operate a women’s business center 

9 after reviewing information required by this 

10 section, including the budget of each appli11 cant. 

12 ‘‘(iv) Collaborate with other Federal 

13 departments and agencies, State and local 

14 governments, not-for-profit organizations, 

15 and for-profit enterprises to maximize utili16 zation of taxpayer dollars and reduce (or 

17 eliminate) any duplication among the pro18 grams overseen by the Office of Women’s 

19 Business Ownership and those of other enti20 ties that provide similar services to women 

21 entrepreneurs. 

22 ‘‘(v) Maintain a clearinghouse to pro23 vide for the dissemination and exchange of 

24 information between women’s business cen25 ters. 


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1 ‘‘(vi) Serve as the vice chairperson of 

2 the Interagency Committee on Women’s 

3 Business Enterprise and as the liaison for 

4 the National Women’s Business Council.’’; 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(3) MISSION.—The mission of the Office of 

8 Women’s Business Ownership shall be to assist women 

9 entrepreneurs to start, grow, and compete in global 

10 markets by providing quality support with access to 

11 capital, access to markets, job creation, growth, and 

12 counseling by— 

13 ‘‘(A) fostering participation of women en14 trepreneurs in the economy by overseeing a net15 work of women’s business centers throughout 

16 States and territories; 

17 ‘‘(B) creating public-private partnerships to 

18 support women entrepreneurs and conduct out19 reach and education to startup and existing 

20 small business concerns owned and controlled by 

21 women; and 

22 ‘‘(C) working with other programs overseen 

23 by the Administrator to ensure women are well24 represented and being served and to identify 


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1 gaps where participation by women could be in2 creased. 

3 ‘‘(4) ACCREDITATION PROGRAM.— 

4 ‘‘(A) ESTABLISHMENT.—Not later than 270 

5 days after the date of enactment of this para6 graph, the Administrator shall establish stand7 ards for an accreditation program for accred8 iting eligible entities receiving a grant under 

9 this section. 

10 ‘‘(B) TRANSITION PROVISION.—Before the 

11 date on which standards are established under 

12 subparagraph (A), the Administrator may not 

13 terminate a grant under this section absent evi14 dence of fraud or other criminal misconduct by 

15 the recipient. 

16 ‘‘(C) CONTRACTING AUTHORITY.—The Ad17 ministrator may provide financial assistance, by 

18 contract or otherwise, to a relevant national 

19 women’s business center representative associa20 tion to provide assistance in establishing the 

21 standards required under subparagraph (A) or 

22 for carrying out an accreditation program pur23 suant to such standards.’’. 


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1 SEC. 1842. WOMEN’S BUSINESS CENTER PROGRAM. 

2 (a) DEFINITIONS.—Section 29(a) of the Small Busi3 ness Act (15 U.S.C. 656(a)) is amended— 

4 (1) by striking paragraph (4); 

5 (2) by redesignating paragraphs (2) and (3) as 

6 paragraphs (3) and (4), respectively; 

7 (3) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) the term ‘eligible entity’ means— 

10 ‘‘(A) an organization described in section 

11 501(c) of the Internal Revenue Code of 1986 and 

12 exempt from taxation under section 501(a) of 

13 such Code; 

14 ‘‘(B) a State, regional, or local economic de15 velopment organization, so long as the organiza16 tion certifies that grant funds received under this 

17 section will not be commingled with other funds; 

18 ‘‘(C) an institution of higher education, un19 less such institution is currently receiving a 

20 grant under section 21; 

21 ‘‘(D) a development, credit, or finance cor22 poration chartered by a State, so long as the cor23 poration certifies that grant funds received under 

24 this section will not be commingled with other 

25 funds; or 


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1 ‘‘(E) any combination of entities listed in 

2 subparagraphs (A) through (D);’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(5) the term ‘women’s business center’ means 

5 the location at which counseling and training on the 

6 management, operations (including manufacturing, 

7 services, and retail), access to capital, international 

8 trade, Government procurement opportunities, and 

9 any other matter is needed to start, maintain, or ex10 pand a small business concern owned and controlled 

11 by women.’’. 

12 (b) AUTHORITY.—Section 29(b) of the Small Business 

13 Act (15 U.S.C. 656(b)) is amended— 

14 (1) by redesignating paragraphs (1), (2), and (3) 

15 as subparagraphs (A), (B), and (C), respectively, and 

16 adjusting the margins accordingly; 

17 (2) by striking ‘‘The Administration’’ and all 

18 that follows through ‘‘5-year projects’’ and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—There is established a Wom21 en’s Business Center Program under which the Ad22 ministrator may provide a grant to any eligible enti23 ty to operate one or more women’s business centers’’; 

24 (3) by striking ‘‘The projects shall’’ and insert25 ing the following: 


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1 ‘‘(2) USE OF FUNDS.—The women’s business cen2 ters shall be designed to provide counseling and train3 ing that meets the needs of women, especially socially 

4 or economically disadvantaged women, and shall’’; 

5 and 

6 (4) by adding at the end the following: 

7 ‘‘(3) AMOUNT OF GRANTS.— 

8 ‘‘(A) IN GENERAL.—The amount of a grant 

9 provided under this subsection to an eligible en10 tity per project year shall be not more than 

11 $185,000 (as such amount is annually adjusted 

12 by the Administrator to reflect the change in in13 flation). 

14 ‘‘(B) ADDITIONAL GRANTS.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 subparagraph (A), with respect to an eligi17 ble entity that has received $185,000 in 

18 grants under this subsection in a project 

19 year, the Administrator may award an ad20 ditional grant under this subsection of up to 

21 $65,000 during such project year if the Ad22 ministrator determines that the eligible en23 tity— 

24 ‘‘(I) agrees to obtain, after its ap25 plication has been approved and notice 


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1 of award has been issued, cash con2 tributions from non-Federal sources of 

3 1 non-Federal dollar for each Federal 

4 dollar; 

5 ‘‘(II) is in good standing with the 

6 Women’s Business Center Program; 

7 and 

8 ‘‘(III) has met performance goals 

9 for the previous project year, if appli10 cable. 

11 ‘‘(ii) LIMITATIONS.—The Adminis12 trator may only award additional grants 

13 under clause (i)— 

14 ‘‘(I) during the 3rd and 4th quar15 ters of the fiscal year; and 

16 ‘‘(II) from unobligated amounts 

17 made available to the Administrator to 

18 carry out this section. 

19 ‘‘(4) NOTICE AND COMMENT REQUIRED.—The 

20 Administrator may only make a change to the stand21 ards by which an eligible entity obtains or maintains 

22 grants under this section, the standards for accredita23 tion, or any other requirement for the operation of a 

24 women’s business center if the Administrator first 

25 provides notice and the opportunity for public comVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 ment, as set forth in section 553(b) of title 5, United 

2 States Code, without regard to any exceptions pro3 vided for under such section.’’. 

4 (c) CONDITIONS OF PARTICIPATION.—Section 29(c) of 

5 the Small Business Act (15 U.S.C. 656(c)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘the recipient organization’’ 

8 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 shall 

24 not be eligible thereafter’’ and inserting ‘‘during 

25 any project for 2 consecutive years, the eligible 


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1 entity shall not be eligible at any time after that 

2 2-year period’’; 

3 (C) by striking ‘‘such organization’’ and in4 serting ‘‘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.—An 

9 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 the 

19 Administration, in order to ensure that the ap20 plicant has sufficient resources to provide the 

21 services for which the grant is being provided. 

22 ‘‘(B) ANNUAL REVIEW.—An employee of the 

23 Administration shall— 

24 ‘‘(i) conduct an annual review of the 

25 compliance of each eligible entity receiving 


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1 a grant under this section with the grant 

2 agreement, including a financial examina3 tion; and 

4 ‘‘(ii) provide such review to the eligible 

5 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 correcting 

13 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 such 

23 plan; 

24 ‘‘(ii) if the Assistant Administrator de25 termines that such plan is inadequate to 


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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.—An 

9 eligible entity receiving a determination under 

10 subparagraph (B)(ii) shall have 30 calendar 

11 days from the receipt of the determination to 

12 amend the plan of action to satisfy the problems 

13 identified by the Assistant Administrator and re14 submit such plan to the Assistant Administrator. 

15 ‘‘(D) AMENDED PLAN REVIEW BY THE AS16 SISTANT ADMINISTRATOR.—Within 15 calendar 

17 days of the receipt of an amended plan of action 

18 under subparagraph (C), the Assistant Adminis19 trator shall either approve or reject such plan 

20 and provide such approval or rejection in writ21 ing to the eligible entity. 

22 ‘‘(E) APPEAL OF ASSISTANT ADMINIS23 TRATOR DETERMINATION.— 

24 ‘‘(i) IN GENERAL.—If the Assistant Ad25 ministrator rejects an amended plan under 


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1 subparagraph (D), the eligible entity shall 

2 have the opportunity to appeal such deci3 sion to the Administrator, who may dele4 gate such appeal to an appropriate officer 

5 of the Administration. 

6 ‘‘(ii) OPPORTUNITY FOR EXPLA7 NATION.—Any appeal described under 

8 clause (i) shall provide an opportunity for 

9 the eligible entity to provide, in writing, an 

10 explanation of why the eligible entity’s plan 

11 remedies the problems identified in the an12 nual review. 

13 ‘‘(iii) NOTICE OF DETERMINATION.— 

14 The determination of the appeal shall be 

15 provided to the eligible entity, in writing, 

16 within 15 calendar days from the eligible 

17 entity’s filing of the appeal. 

18 ‘‘(iv) EFFECT OF FAILURE TO ACT.—If 

19 the Administrator fails to act on an appeal 

20 made under this subparagraph within the 

21 15 calendar day period specified under 

22 clause (iii), the eligible entity’s amended 

23 plan of action submitted under subpara24 graph (C) shall be deemed to be approved. 

25 ‘‘(8) TERMINATION OF GRANT.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall require that, if an eligible entity fails to 

3 comply with a plan of action approved by the 

4 Assistant Administrator under paragraph 

5 (7)(B)(i) or an amended plan of action approved 

6 by the Assistant Administrator under paragraph 

7 (7)(D) or approved on appeal under paragraph 

8 (7)(E), the Assistant Administrator shall termi9 nate the grant provided to the eligible entity 

10 under this section. 

11 ‘‘(B) APPEAL OF TERMINATION.—An eligi12 ble entity that has a grant terminated under 

13 subparagraph (A) shall have the opportunity to 

14 challenge the termination on the record and after 

15 an opportunity for a hearing. 

16 ‘‘(C) FINAL AGENCY ACTION.—The deter17 mination made pursuant to subparagraph (B) 

18 shall be considered final agency action for the 

19 purposes of chapter 7, title 5, United States 

20 Code.’’. 

21 (d) SUBMISSION OF 5-YEAR PLAN.—Section 29(e) of 

22 the Small Business Act (15 U.S.C. 656(e)) is amended— 

23 (1) by striking ‘‘applicant organization’’ and in24 serting ‘‘eligible entity’’; 


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1 (2) by striking ‘‘a recipient organization’’ and 

2 inserting ‘‘an eligible entity’’; 

3 (3) by striking ‘‘financial assistance’’ and insert4 ing ‘‘grants’’; and 

5 (4) by striking ‘‘site’’. 

6 (e) APPLICATIONS AND CRITERIA FOR INITIAL

7 GRANT.—Subsection (f) of section 29 of the Small Business 

8 Act (15 U.S.C. 656) is amended to read as follows: 

9 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL

10 GRANT.— 

11 ‘‘(1) APPLICATION.—Each eligible entity desiring 

12 a grant under subsection (b) shall submit to the Ad13 ministrator an application that contains— 

14 ‘‘(A) a certification that the eligible enti15 ty— 

16 ‘‘(i) has designated an executive direc17 tor or program manager, who may be com18 pensated using grant funds under subsection 

19 (b) or other sources, to manage the women’s 

20 business center for which a grant under sub21 section (b) is sought; 

22 ‘‘(ii) meets the accounting and report23 ing requirements established by the Director 

24 of the Office of Management and Budget; 


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1 ‘‘(B) information demonstrating that the el2 igible entity has the ability and resources to meet 

3 the needs of the market to be served by the wom4 en’s business center, including the ability to ob5 tain the non-Federal contribution required under 

6 subsection (c); 

7 ‘‘(C) information relating to the assistance 

8 to be provided by the women’s business center in 

9 the area in which the women’s business center is 

10 located; 

11 ‘‘(D) information demonstrating the experi12 ence and effectiveness of the eligible entity in— 

13 ‘‘(i) conducting the services described 

14 under subsection (a)(5); 

15 ‘‘(ii) providing training and services 

16 to a representative number of women who 

17 are socially or economically disadvantaged; 

18 and 

19 ‘‘(iii) working with resource partners 

20 of the Administration and other entities, 

21 such as universities; and 

22 ‘‘(E) a 5-year plan that describes the ability 

23 of the eligible entity to provide the services de24 scribed under subsection (a)(3), including to a 


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1 representative number of women who are socially 

2 or economically disadvantaged. 

3 ‘‘(2) REVIEW AND APPROVAL OF APPLICATIONS

4 FOR INITIAL GRANTS.— 

5 ‘‘(A) REVIEW AND SELECTION OF ELIGIBLE

6 ENTITIES.— 

7 ‘‘(i) IN GENERAL.—The Administrator 

8 shall review applications to determine 

9 whether the applicant can meet obligations 

10 to perform the activities required by a grant 

11 under this section, including— 

12 ‘‘(I) the experience of the appli13 cant in conducting activities required 

14 by this section; 

15 ‘‘(II) the amount of time needed 

16 for the applicant to commence oper17 ations should it be awarded a grant; 

18 ‘‘(III) the capacity of the appli19 cant to meet the accreditation stand20 ards established by the Administrator 

21 in a timely manner; 

22 ‘‘(IV) the ability of the applicant 

23 to sustain operations for more than 5 

24 years (including its ability to obtain 


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1 sufficient non-Federal funds for that 

2 period); and 

3 ‘‘(V) the location of the women’s 

4 business center and its proximity to 

5 other grant recipients under this sec6 tion. 

7 ‘‘(ii) SELECTION CRITERIA.— 

8 ‘‘(I) GUIDANCE.—The Adminis9 trator shall issue guidance (after pro10 viding an opportunity for notice and 

11 comment) to specify the criteria for re12 view and selection of applicants under 

13 this subsection. 

14 ‘‘(II) MODIFICATIONS PROHIBITED

15 AFTER ANNOUNCEMENT.—With respect 

16 to a public announcement of any op17 portunity to be awarded a grant under 

18 this section made by the Administrator 

19 pursuant to subsection (l)(1), the Ad20 ministrator may not modify guidance 

21 issued pursuant to subclause (I) with 

22 respect to such opportunity unless re23 quired to do so by an Act of Congress 

24 or an order of a Federal court. 


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1 ‘‘(III) RULE OF CONSTRUCTION.— 

2 Nothing in this clause may be con3 strued as prohibiting the Adminis4 trator from modifying the guidance 

5 issued pursuant to subclause (I) (after 

6 providing an opportunity for notice 

7 and comment) as such guidance ap8 plies to an opportunity to be awarded 

9 a grant under this section that the Ad10 ministrator has not yet publicly an11 nounced pursuant to subsection (l)(1). 

12 ‘‘(B) RECORD RETENTION.— 

13 ‘‘(i) IN GENERAL.—The Administrator 

14 shall maintain a copy of each application 

15 submitted under this subsection for not less 

16 than 5 years. 

17 ‘‘(ii) PAPERWORK REDUCTION.—The 

18 Administrator shall take steps to reduce, to 

19 the maximum extent practicable, the paper20 work burden associated with carrying out 

21 clause (i).’’. 

22 (f) NOTIFICATION REQUIREMENTS UNDER THE

23 WOMEN’S BUSINESS CENTER PROGRAM.—Section 29 of the 

24 Small Business Act (15 U.S.C. 656) is amended by insert25 ing after subsection (k) the following: 


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1 ‘‘(l) NOTIFICATION REQUIREMENTS UNDER THE

2 WOMEN’S BUSINESS CENTER PROGRAM.—The Adminis3 trator shall provide— 

4 ‘‘(1) a public announcement of any opportunity 

5 to be awarded grants under this section, and such an6 nouncement shall include the standards by which such 

7 award will be made, including the guidance issued 

8 pursuant to subsection (f)(2)(A)(ii); 

9 ‘‘(2) the opportunity for any applicant for a 

10 grant under this section that failed to obtain such a 

11 grant a debriefing with the Assistant Administrator 

12 to review the reasons for the applicant’s failure; and 

13 ‘‘(3) with respect to any site visit or evaluation 

14 of an eligible entity receiving a grant under this sec15 tion that is carried out by an officer or employee of 

16 the Administration (other than the Inspector Gen17 eral), a copy of the site visit report or evaluation, as 

18 applicable, within 30 calendar days of the completion 

19 of such vision or evaluation.’’. 

20 (g) CONTINUED FUNDING FOR CENTERS.—Section 

21 29(m) of the Small Business Act (15 U.S.C. 656(m)) is 

22 amended— 

23 (1) by striking paragraph (3) and inserting the 

24 following: 


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1 ‘‘(3) APPLICATION AND APPROVAL FOR CONTINU2 ATION GRANTS.— 

3 ‘‘(A) SOLICITATION OF APPLICATIONS.—The 

4 Administrator shall solicit applications and 

5 award continuation grants under this subsection 

6 for the first fiscal year beginning after the date 

7 of enactment of this paragraph, and every third 

8 fiscal year thereafter. 

9 ‘‘(B) CONTENTS OF APPLICATION.—Each el10 igible entity desiring a grant under this sub11 section shall submit to the Administrator an ap12 plication that contains— 

13 ‘‘(i) a certification that the appli14 cant— 

15 ‘‘(I) is an eligible entity; 

16 ‘‘(II) has designated an executive 

17 director or program manager to man18 age the women’s business center oper19 ated by the applicant; and 

20 ‘‘(III) as a condition of receiving 

21 a grant under this subsection, agrees— 

22 ‘‘(aa) to receive a site visit as 

23 part of the final selection process, 

24 at the discretion of the Adminis25 trator; and 


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1 ‘‘(bb) to remedy any problem 

2 identified pursuant to the site 

3 visit under item (aa); 

4 ‘‘(ii) information demonstrating that 

5 the applicant has the ability and resources 

6 to meet the needs of the market to be served 

7 by the women’s business center for which a 

8 grant under this subsection is sought, in9 cluding the ability to obtain the non-Fed10 eral contribution required under paragraph 

11 (4)(C); 

12 ‘‘(iii) information relating to assist13 ance to be provided by the women’s business 

14 center in the geographic area served by the 

15 women’s business center for which a grant 

16 under this subsection is sought; 

17 ‘‘(iv) information demonstrating that 

18 the applicant has worked with resource 

19 partners of the Administration and other 

20 entities; 

21 ‘‘(v) a 3-year plan that describes the 

22 services provided by the women’s business 

23 center for which a grant under this sub24 section is sought— 


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1 ‘‘(I) to serve women who are busi2 ness owners or potential business own3 ers by conducting training and coun4 seling activities; and 

5 ‘‘(II) to provide training and 

6 services to a representative number of 

7 women who are socially or economi8 cally disadvantaged; and 

9 ‘‘(vi) any additional information that 

10 the Administrator may reasonably require. 

11 ‘‘(C) REVIEW AND APPROVAL OF APPLICA12 TIONS FOR GRANTS.— 

13 ‘‘(i) IN GENERAL.—The Adminis14 trator— 

15 ‘‘(I) shall review each application 

16 submitted under subparagraph (B), 

17 based on the information described in 

18 such subparagraph and the criteria set 

19 forth under clause (ii) of this subpara20 graph; and 

21 ‘‘(II) as part of the final selection 

22 process, may, at the discretion of the 

23 Administrator, conduct a site visit to 

24 each women’s business center for which 

25 a grant under this subsection is sought, 


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1 in particular to evaluate the women’s 

2 business center using the selection cri3 teria described in clause (ii)(II). 

4 ‘‘(ii) SELECTION CRITERIA.— 

5 ‘‘(I) IN GENERAL.—The Adminis6 trator shall evaluate applicants for 

7 grants under this subsection in accord8 ance with selection criteria that are— 

9 ‘‘(aa) established before the 

10 date on which applicants are re11 quired to submit the applications; 

12 ‘‘(bb) stated in terms of rel13 ative importance; and 

14 ‘‘(cc) publicly available and 

15 stated in each solicitation for ap16 plications for grants under this 

17 subsection made by the Adminis18 trator. 

19 ‘‘(II) REQUIRED CRITERIA.—The 

20 selection criteria for a grant under this 

21 subsection shall include— 

22 ‘‘(aa) the total number of en23 trepreneurs served by the appli24 cant; 


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1 ‘‘(bb) the total number of 

2 new startup companies assisted by 

3 the applicant; 

4 ‘‘(cc) the percentage of clients 

5 of the applicant that are socially 

6 or economically disadvantaged; 

7 ‘‘(dd) the percentage of indi8 viduals in the community served 

9 by the applicant who are socially 

10 or economically disadvantaged; 

11 ‘‘(ee) the successful accredita12 tion of the applicant under the ac13 creditation program developed 

14 under subsection (g)(5); and 

15 ‘‘(ff) any additional criteria 

16 that the Administrator may rea17 sonably require. 

18 ‘‘(iii) CONDITIONS FOR CONTINUED

19 FUNDING.—In determining whether to make 

20 a grant under this subsection, the Adminis21 trator— 

22 ‘‘(I) shall consider the results of 

23 the most recent evaluation of the wom24 en’s business center for which a grant 

25 under this subsection is sought, and, to 


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1 a lesser extent, previous evaluations; 

2 and 

3 ‘‘(II) may withhold a grant under 

4 this subsection, if the Administrator 

5 determines that the applicant has 

6 failed to provide the information re7 quired to be provided under this para8 graph, or the information provided by 

9 the applicant is inadequate. 

10 ‘‘(D) NOTIFICATION.—Not later than 60 cal11 endar days after the date of each deadline to sub12 mit applications under this paragraph, the Ad13 ministrator shall approve or deny each sub14 mitted application and notify the applicant for 

15 each such application of the approval or denial. 

16 ‘‘(E) RECORD RETENTION.— 

17 ‘‘(i) IN GENERAL.—The Administrator 

18 shall maintain a copy of each application 

19 submitted under this paragraph for not less 

20 than 5 years. 

21 ‘‘(ii) PAPERWORK REDUCTION.—The 

22 Administrator shall take steps to reduce, to 

23 the maximum extent practicable, the paper24 work burden associated with carrying out 

25 clause (i).’’; and 


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1 (2) by striking paragraph (5) and inserting the 

2 following: 

3 ‘‘(5) AWARD TO PREVIOUS RECIPIENTS.—There 

4 shall be no limitation on the number of times the Ad5 ministrator may award a grant to an applicant 

6 under this subsection.’’. 

7 (h) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 Section 29 of the Small Business Act (15 U.S.C. 656) is 

9 amended— 

10 (1) in subsection (h)(2), by striking ‘‘to award a 

11 contract (as a sustainability grant) under subsection 

12 (l) or’’; 

13 (2) in subsection (j)(1), by striking ‘‘The Admin14 istration’’ and inserting ‘‘Not later than November 1 

15 of each year, the Administrator’’; 

16 (3) in subsection (k)— 

17 (A) by striking paragraphs (1) and (4); 

18 (B) by inserting before paragraph (2) the 

19 following: 

20 ‘‘(1) IN GENERAL.—There are authorized to be 

21 appropriated to the Administration to carry out this 

22 section, to remain available until expended, 

23 $21,750,000 for each of fiscal years 2017 through 

24 2020.’’; and 


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1 (C) in paragraph (2), by striking subpara2 graph (B) and inserting the following: 

3 ‘‘(B) EXCEPTIONS.—Of the amount made 

4 available under this subsection for a fiscal year, 

5 the following amounts shall be available for selec6 tion panel costs, costs associated with maintain7 ing an accreditation program, and post-award 

8 conference costs: 

9 ‘‘(i) For the first fiscal year beginning 

10 after the date of the enactment of this sub11 paragraph, 2.65 percent. 

12 ‘‘(ii) For the second fiscal year begin13 ning after the date of the enactment of this 

14 subparagraph and each fiscal year there15 after through fiscal year 2020, 2.5 percent.’’; 

16 and 

17 (4) in subsection (m)— 

18 (A) in paragraph (2), by striking ‘‘sub19 section (b) or (l)’’ and inserting ‘‘this subsection 

20 or subsection (b)’’; and 

21 (B) in paragraph (4)(D), by striking ‘‘or 

22 subsection (l)’’. 

23 (i) EFFECT ON EXISTING GRANTS.— 

24 (1) TERMS AND CONDITIONS.—A nonprofit orga25 nization receiving a grant under section 29(m) of the 


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1 Small Business Act (15 U.S.C. 656(m)), as in effect 

2 on the day before the date of enactment of this title, 

3 shall continue to receive the grant under the terms 

4 and conditions in effect for the grant on the day be5 fore the date of enactment of this title, except that the 

6 nonprofit organization may not apply for a continu7 ation of the grant under section 29(m)(5) of the 

8 Small Business Act (15 U.S.C. 656(m)(5)), as in ef9 fect on the day before the date of enactment of this 

10 title. 

11 (2) LENGTH OF CONTINUATION GRANT.—The Ad12 ministrator of the Small Business Administration 

13 may award a grant under section 29(m) of the Small 

14 Business Act to a nonprofit organization receiving a 

15 grant under section 29(m) of the Small Business Act 

16 (15 U.S.C. 656(m)), as in effect on the day before the 

17 date of enactment of this title, for the period— 

18 (A) beginning on the day after the last day 

19 of the grant agreement under such section 29(m); 

20 and 

21 (B) ending at the end of the third fiscal 

22 year beginning after the date of enactment of 

23 this title. 


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1 SEC. 1843. MATCHING REQUIREMENTS UNDER WOMEN’S 

2 BUSINESS CENTER PROGRAM. 

3 Section 29(c) of the Small Business Act (15 U.S.C. 

4 656(c)), as amended by this Act, is amended— 

5 (1) in paragraph (1), by striking ‘‘As a condi6 tion’’ and inserting ‘‘Subject to paragraph (6), as a 

7 condition’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(9) WAIVER OF NON-FEDERAL SHARE.— 

10 ‘‘(A) IN GENERAL.—Upon request by an eli11 gible entity, and in accordance with this para12 graph, the Administrator may waive, in whole 

13 or in part, the requirement to obtain non-Fed14 eral funds under this subsection for counseling 

15 and training activities of the eligible entity car16 ried out using a grant under this section for a 

17 fiscal year. The Administrator may not waive 

18 the requirement for an eligible entity to obtain 

19 non-Federal funds under this paragraph for 

20 more than a total of 2 consecutive fiscal years. 

21 ‘‘(B) CONSIDERATIONS.—In determining 

22 whether to waive the requirement to obtain non23 Federal funds under this paragraph, the Admin24 istrator shall consider— 

25 ‘‘(i) the economic conditions affecting 

26 the eligible entity; 


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1 ‘‘(ii) the impact a waiver under this 

2 paragraph would have on the credibility of 

3 the Women’s Business Center Program 

4 under this section; 

5 ‘‘(iii) the demonstrated ability of the 

6 eligible entity to raise non-Federal funds; 

7 and 

8 ‘‘(iv) the performance of the eligible en9 tity. 

10 ‘‘(C) LIMITATION.—The Administrator may 

11 not waive the requirement to obtain non-Federal 

12 funds under this paragraph if granting the 

13 waiver would undermine the credibility of the 

14 Women’s Business Center Program. 

15 ‘‘(10) SOLICITATION.—Notwithstanding any 

16 other provision of law, eligible entity may— 

17 ‘‘(A) solicit cash and in-kind contributions 

18 from private individuals and entities to be used 

19 to carry out the activities of the eligible entity 

20 under the project conducted under this section; 

21 and 

22 ‘‘(B) use amounts made available by the 

23 Administrator under this section for the cost of 

24 such solicitation and management of the con25 tributions received. 


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1 ‘‘(11) EXCESS NON-FEDERAL DOLLARS.—The 

2 amount of non-Federal dollars obtained by an eligible 

3 entity that is above the amount that is required to be 

4 obtained by the eligible entity under this subsection 

5 shall not be subject to the requirements of part 200 

6 of title 2, Code of Federal Regulations, or any suc7 cessor thereto, if such amount of non-Federal dol8 lars— 

9 ‘‘(A) is not used as matching funds for pur10 poses of implementing the Women’s Business 

11 Center Program; and 

12 ‘‘(B) was not obtained using funds from the 

13 Women’s Business Center Program.’’. 

14 Subtitle F—SCORE Program 

15 SEC. 1851. SCORE REAUTHORIZATION. 

16 Section 20 of the Small Business Act (15 U.S.C. 631 

17 note) is amended— 

18 (1) by redesignating subsection (j) as subsection 

19 (f); and 

20 (2) by adding at the end the following: 

21 ‘‘(g) SCORE PROGRAM.—There are authorized to be 

22 appropriated to the Administrator to carry out the SCORE 

23 program authorized by section 8(b)(1) such sums as are nec24 essary for the Administrator to make grants or enter into 


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1 cooperative agreements in a total amount that does not ex2 ceed $10,500,000 in each of fiscal years 2017 and 2018.’’. 

3 SEC. 1852. SCORE PROGRAM. 

4 Section 8 of the Small Business Act (15 U.S.C. 637) 

5 is amended— 

6 (1) in subsection (b)(1)(B), by striking ‘‘a Serv7 ice Corps of Retired Executives (SCORE)’’ and in8 serting ‘‘the SCORE program described in subsection 

9 (c)’’; and 

10 (2) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) SCORE PROGRAM.— 

13 ‘‘(1) DEFINITION.—In this subsection: 

14 ‘‘(A) SCORE ASSOCIATION.—The term 

15 ‘SCORE Association’ means the Service Corps of 

16 Retired Executives Association or any successor 

17 or other organization who receives a grant from 

18 the Administrator to operate the SCORE pro19 gram under paragraph (2)(A). 

20 ‘‘(B) SCORE PROGRAM.—The term 

21 ‘SCORE program’ means the SCORE program 

22 authorized by subsection (b)(1)(B). 

23 ‘‘(2) MANAGEMENT AND VOLUNTEERS.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall provide a grant to the SCORE Association 

3 to manage the SCORE program. 

4 ‘‘(B) VOLUNTEERS.—A volunteer partici5 pating in the SCORE program shall— 

6 ‘‘(i) based on the business experience 

7 and knowledge of the volunteer— 

8 ‘‘(I) provide at no cost to individ9 uals who own, or aspire to own, small 

10 business concerns personal counseling, 

11 mentoring, and coaching relating to 

12 the process of starting, expanding, 

13 managing, buying, and selling a busi14 ness; and 

15 ‘‘(II) facilitate low-cost education 

16 workshops for individuals who own, or 

17 aspire to own, small business concerns; 

18 and 

19 ‘‘(ii) as appropriate, use tools, re20 sources, and expertise of other organizations 

21 to carry out the SCORE program. 

22 ‘‘(3) PLANS AND GOALS.—The Administrator, in 

23 consultation with the SCORE Association, shall en24 sure that the SCORE program and each chapter of 

25 the SCORE program develop and implement plans 


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1 and goals to more effectively and efficiently provide 

2 services to individuals in rural areas, economically 

3 disadvantaged communities, and other traditionally 

4 underserved communities, including plans for elec5 tronic initiatives, web-based initiatives, chapter ex6 pansion, partnerships, and the development of new 

7 skills by volunteers participating in the SCORE pro8 gram. 

9 ‘‘(4) ANNUAL REPORT.—The SCORE Association 

10 shall submit to the Administrator an annual report 

11 that contains— 

12 ‘‘(A) the number of individuals counseled or 

13 trained under the SCORE program; 

14 ‘‘(B) the number of hours of counseling pro15 vided under the SCORE program; and 

16 ‘‘(C) to the extent possible— 

17 ‘‘(i) the number of small business con18 cerns formed with assistance from the 

19 SCORE program; 

20 ‘‘(ii) the number of small business con21 cerns expanded with assistance from the 

22 SCORE program; and 

23 ‘‘(iii) the number of jobs created with 

24 assistance from the SCORE program. 

25 ‘‘(5) PRIVACY REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—Neither the Adminis2 trator nor the SCORE Association may disclose 

3 the name, address, or telephone number of any 

4 individual or small business concern receiving 

5 assistance from the SCORE Association without 

6 the consent of such individual or small business 

7 concern, unless— 

8 ‘‘(i) the Administrator is ordered to 

9 make such a disclosure by a court in any 

10 civil or criminal enforcement action initi11 ated by a Federal or State agency; or 

12 ‘‘(ii) the Administrator determines 

13 such a disclosure to be necessary for the 

14 purpose of conducting a financial audit of 

15 the SCORE program, in which case disclo16 sure shall be limited to the information nec17 essary for the audit. 

18 ‘‘(B) ADMINISTRATOR USE OF INFORMA19 TION.—This paragraph shall not— 

20 ‘‘(i) restrict the access of the Adminis21 trator to program activity data; or 

22 ‘‘(ii) prevent the Administrator from 

23 using client information to conduct client 

24 surveys. 

25 ‘‘(C) STANDARDS.— 


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1 ‘‘(i) IN GENERAL.—The Administrator 

2 shall, after the opportunity for notice and 

3 comment, establish standards for— 

4 ‘‘(I) disclosures with respect to fi5 nancial audits under subparagraph 

6 (A)(ii); and 

7 ‘‘(II) conducting client surveys, 

8 including standards for oversight of the 

9 surveys and for dissemination and use 

10 of client information. 

11 ‘‘(ii) MAXIMUM PRIVACY PROTEC12 TION.—The standards issued under this sub13 paragraph shall, to the extent practicable, 

14 provide for the maximum amount of pri15 vacy protection.’’. 

16 Subtitle G—Miscellaneous 

17 Provisions 

18 SEC. 1861. IMPROVING EDUCATION ON SMALL BUSINESS 

19 REGULATIONS. 

20 (a) REGULATORY CHANGES AND TRAINING MATE21 RIALS.—Section 15 of the Small Business Act (15 U.S.C. 

22 644), as amended by this Act, is further amended by adding 

23 at the end the following new subsection: 

24 ‘‘(u) REGULATORY CHANGES AND TRAINING MATE25 RIALS.—Not less than annually, the Administrator shall 


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1 provide to the Defense Acquisition University (established 

2 under section 1746 of title 10, United States Code), the Fed3 eral Acquisition Institute (established under section 1201 

4 of title 41, United States Code), the individual responsible 

5 for mandatory training and education of the acquisition 

6 workforce of each agency (described under section 

7 1703(f)(1)(C) of title 41, United States Code), small busi8 ness development centers, and entities participating in the 

9 Procurement Technical Assistance Cooperative Agreement 

10 Program under chapter 142 of title 10, United States 

11 Code— 

12 ‘‘(1) a list of all changes made in the prior year 

13 to regulations promulgated— 

14 ‘‘(A) by the Administrator that affect Fed15 eral acquisition; and 

16 ‘‘(B) by the Federal Acquisition Council 

17 that implement changes to this Act; and 

18 ‘‘(2) any materials the Administrator has devel19 oped to explain, train, or assist Federal agencies or 

20 departments or small business concerns to comply 

21 with the regulations specified in paragraph (1).’’. 

22 (b) TRAINING TO BE UPDATED.—Upon receipt of in23 formation from the Administrator of the Small Business 

24 Administration pursuant to section 15(u) of the Small 

25 Business Act, the Defense Acquisition University (as under 


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1 section 1746 of title 10, United States Code) and the Fed2 eral Acquisition Institute (established under section 1201 

3 of title 41, United States Code) shall periodically update 

4 the training provided to the acquisition workforce. 

5 SEC. 1862. PROTECTING TASK ORDER COMPETITION. 

6 Section 4106(f) of title 41, United States Code, is 

7 amended by striking paragraph (3). 

8 SEC. 1863. IMPROVEMENTS TO SIZE STANDARDS FOR 

9 SMALL AGRICULTURAL PRODUCERS. 

10 (a) AMENDMENT TO DEFINITION OF AGRICULTURAL

11 ENTERPRISES.—Paragraph (1) of section 18(b) of the 

12 Small Business Act (15 U.S.C. 647(b)(1)) is amended by 

13 striking ‘‘businesses’’ and inserting ‘‘small business con14 cerns’’. 

15 (b) EQUAL TREATMENT OF SMALL FARMS.—Para16 graph (1) of section 3(a) of the Small Business Act (15 

17 U.S.C. 632(a)(1)) is amended by striking ‘‘operation: Pro18 vided,’’ and all that follows through the period at the end 

19 and inserting ‘‘operation.’’. 

20 (c) UPDATED SIZE STANDARDS.—Size standards es21 tablished under subsection (a) are subject to the rolling re22 view procedures established under section 1344(a) of the 

23 Small Business Jobs Act of 2010 (15 U.S.C. 632 note). 


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1 SEC. 1864. UNIFORMITY IN SERVICE-DISABLED VETERAN 

2 DEFINITIONS. 

3 (a) SMALL BUSINESS DEFINITION OF SMALL BUSI4 NESS CONCERN CONSOLIDATED.—Section 3(q) of the Small 

5 Business Act (15 U.S.C. 632(q)) is amended— 

6 (1) by amending paragraph (2) to read as fol7 lows: 

8 ‘‘(2) SMALL BUSINESS CONCERN OWNED AND

9 CONTROLLED BY SERVICE-DISABLED VETERANS.—The 

10 term ‘small business concern owned and controlled by 

11 service-disabled veterans’ means any of the following: 

12 ‘‘(A) A small business concern— 

13 ‘‘(i) not less than 51 percent of which 

14 is owned by one or more service-disabled 

15 veterans or, in the case of any publicly 

16 owned business, not less than 51 percent of 

17 the stock (not including any stock owned by 

18 an ESOP) of which is owned by one or 

19 more service-disabled veterans; and 

20 ‘‘(ii) the management and daily busi21 ness operations of which are controlled by 

22 one or more service-disabled veterans or, in 

23 the case of a veteran with permanent and 

24 severe disability, the spouse or permanent 

25 caregiver of such veteran. 

26 ‘‘(B) A small business concern— 


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1 ‘‘(i) not less than 51 percent of which 

2 is owned by one or more service-disabled 

3 veterans with a disability that is rated by 

4 the Secretary of Veterans Affairs as a per5 manent and total disability who are unable 

6 to manage the daily business operations of 

7 such concern; or 

8 ‘‘(ii) in the case of a publicly owned 

9 business, not less than 51 percent of the 

10 stock (not including any stock owned by an 

11 ESOP) of which is owned by one or more 

12 such veterans. 

13 ‘‘(C)(i) During the time period described in 

14 clause (ii), a small business concern that was a 

15 small business concern described in subpara16 graph (A) or (B) immediately prior to the death 

17 of a service-disabled veteran who was the owner 

18 of the concern, the death of whom causes the con19 cern to be less than 51 percent owned by one or 

20 more service-disabled veterans, if— 

21 ‘‘(I) the surviving spouse of the de22 ceased veteran acquires such veteran’s own23 ership interest in such concern; 

24 ‘‘(II) such veteran had a service-con25 nected disability (as defined in section 


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1 101(16) of title 38, United States Code) 

2 rated as 100 percent disabling under the 

3 laws administered by the Secretary of Vet4 erans Affairs or such veteran died as a re5 sult of a service-connected disability; and 

6 ‘‘(III) immediately prior to the death 

7 of such veteran, and during the period de8 scribed in clause (ii), the small business 

9 concern is included in the database de10 scribed in section 8127(f) of title 38, United 

11 States Code. 

12 ‘‘(ii) The time period described in this 

13 clause is the time period beginning on the date 

14 of the veteran’s death and ending on the earlier 

15 of— 

16 ‘‘(I) the date on which the surviving 

17 spouse remarries; 

18 ‘‘(II) the date on which the surviving 

19 spouse relinquishes an ownership interest in 

20 the small business concern; or 

21 ‘‘(III) the date that is 10 years after 

22 the date of the death of the veteran.’’; and 

23 (2) by adding at the end the following new para24 graphs: 


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1 ‘‘(6) ESOP.—The term ‘ESOP’ has the meaning 

2 given the term ‘employee stock ownership plan’ in sec3 tion 4975(e)(7) of the Internal Revenue Code of 1986 

4 (26 U.S.C. 4975(e)(7)). 

5 ‘‘(7) SURVIVING SPOUSE.—The term ‘surviving 

6 spouse’ has the meaning given such term in section 

7 101(3) of title 38, United States Code.’’. 

8 (b) VETERANS AFFAIRS DEFINITION OF SMALL BUSI9 NESS CONCERN CONSOLIDATED.— 

10 (1) IN GENERAL.—Section 8127 of title 38, 

11 United States Code, is amended— 

12 (A) by striking subsection (h) and redesig13 nating subsections (i) through (l) as subsections 

14 (h) through (k), respectively; and 

15 (B) in subsection (k), as so redesignated— 

16 (i) by amending paragraph (2) to read 

17 as follows: 

18 ‘‘(2) The term ‘small business concern owned and 

19 controlled by veterans’ has the meaning given that 

20 term under section 3(q)(3) of the Small Business Act 

21 (15 U.S.C. 632(q)(3)).’’; and 

22 (ii) by adding at the end the following 

23 new paragraph: 

24 ‘‘(3) The term ‘small business concern owned and 

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1 ities’ has the meaning given the term ‘small business 

2 concern owned and controlled by service-disabled vet3 erans’ under section 3(q)(2) of the Small Business Act 

4 (15 U.S.C. 632(q)(2)).’’. 

5 (2) CONFORMING AMENDMENTS.—Such section is 

6 further amended— 

7 (A) in subsection (b), by inserting ‘‘or a 

8 small business concern owned and controlled by 

9 veterans with service-connected disabilities’’ after 

10 ‘‘a small business concern owned and controlled 

11 by veterans’’; 

12 (B) in subsection (c), by inserting ‘‘or a 

13 small business concern owned and controlled by 

14 veterans with service-connected disabilities’’ after 

15 ‘‘a small business concern owned and controlled 

16 by veterans’’; 

17 (C) in subsection (d) by inserting ‘‘or small 

18 business concerns owned and controlled by vet19 erans with service-connected disabilities’’ after 

20 ‘‘small business concerns owned and controlled 

21 by veterans’’ both places it appears; and 

22 (D) in subsection (f)(1), by inserting ‘‘, 

23 small business concerns owned and controlled by 

24 veterans with service-connected disabilities,’’ 


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1 after ‘‘small business concerns owned and con2 trolled by veterans’’. 

3 (c) TECHNICAL CORRECTION.—Section 8(d)(3) of the 

4 Small Business Act (15 U.S.C. 637(d)(3)), is amended by 

5 adding at the end the following new subparagraph: 

6 ‘‘(H) In this contract, the term ‘small business 

7 concern owned and controlled by service-disabled vet8 erans’ has the meaning given that term in section 

9 3(q).’’. 

10 (d) REGULATIONS RELATING TO DATABASE OF THE

11 SECRETARY OF VETERANS AFFAIRS.— 

12 (1) REQUIREMENT TO USE CERTAIN SMALL BUSI13 NESS ADMINISTRATION REGULATIONS.—Section 

14 8127(f)(4) of title 38, United States Code, is amended 

15 by striking ‘‘verified’’ and inserting ‘‘verified, using 

16 regulations issued by the Administrator of the Small 

17 Business Administration with respect to the status of 

18 the concern as a small business concern and the own19 ership and control of such concern,’’. 

20 (2) PROHIBITION ON SECRETARY OF VETERANS

21 AFFAIRS ISSUING CERTAIN REGULATIONS.—Section 

22 8127(f) of title 38, United States Code, is amended by 

23 adding at the end the following new paragraph: 


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1 ‘‘(7) The Secretary may not issue regulations related 

2 to the status of a concern as a small business concern and 

3 the ownership and control of such small business concern.’’. 

4 (e) DELAYED EFFECTIVE DATE.—The amendments 

5 made by subsections (a), (b), (c), and (d) shall take effect 

6 on the date on which the Administrator of the Small Busi7 ness Administration and the Secretary of Veterans Affairs 

8 jointly issue regulations implementing such sections. 

9 (f) APPEALS OF INCLUSION IN DATABASE.— 

10 (1) IN GENERAL.—Section 8127(f) of title 38, 

11 United States Code, as amended by this Act, is fur12 ther amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(8)(A) If the Secretary does not verify a concern for 

15 inclusion in the database under this subsection based on 

16 the status of the concern as a small business concern or the 

17 ownership or control of the concern, the concern may appeal 

18 the denial of verification to the Office of Hearings and Ap19 peals of the Small Business Administration (as established 

20 under section 5(i) of the Small Business Act). The decision 

21 of the Office of Hearings and Appeals shall be considered 

22 a final agency action. 

23 ‘‘(B)(i) If an interested party challenges the inclusion 

24 in the database of a small business concern owned and con25 trolled by veterans or a small business concern owned and 


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1 controlled by veterans with service-connected disabilities 

2 based on the status of the concern as a small business con3 cern or the ownership or control of the concern, the challenge 

4 shall be heard by the Office of Hearings and Appeals of 

5 the Small Business Administration as described in sub6 paragraph (A). The decision of the Office of Hearings and 

7 Appeals shall be considered final agency action. 

8 ‘‘(ii) In this subparagraph, the term ‘interested party’ 

9 means— 

10 ‘‘(I) the Secretary; and 

11 ‘‘(II) in the case of a small business concern that 

12 is awarded a contract, the contracting officer of the 

13 Department or another small business concern that 

14 submitted an offer for the contract that was awarded 

15 to the small business concern that submitted an offer 

16 under clause (i). 

17 ‘‘(C) For each fiscal year, the Secretary shall reim18 burse the Administrator of the Small Business Administra19 tion in an amount necessary to cover any cost incurred by 

20 the Office of Hearings and Appeals of the Small Business 

21 Administration for actions taken by the Office under this 

22 paragraph. The Administrator is authorized to accept such 

23 reimbursement. The amount of any such reimbursement 

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1 retary under multiple-award schedule contracts. Any dis2 agreement about the amount shall be resolved by the Direc3 tor of the Office of Management and Budget.’’. 

4 (2) EFFECTIVE DATE.—Paragraph (8) of sub5 section (f) of title 38, United States Code, as added 

6 by paragraph (1), shall apply with respect to a 

7 verification decision made by the Secretary of Vet8 erans Affairs on or after the date of the enactment of 

9 this title. 

10 SEC. 1865. REQUIRED REPORTS PERTAINING TO CAPITAL 

11 PLANNING AND INVESTMENT CONTROL. 

12 The Administrator of the Small Business Administra13 tion shall submit to the Senate Committee on Small Busi14 ness and Entrepreneurship and the Committee on Small 

15 Business of the House of Representatives the information 

16 described in section 11302(c)(3)(B)(ii) of title 40, United 

17 States Code, within 10 days of transmittal to the Director. 

18 SEC. 1866. OFFICE OF HEARINGS AND APPEALS. 

19 (a) CLARIFICATION AS TO JURISDICTION.—Section 

20 5(i)(1)(B) of the Small Business Act (15 U.S.C. 

21 634(i)(1)(B)) is amended to read as follows: 

22 ‘‘(B) JURISDICTION.— 

23 ‘‘(i) IN GENERAL.—Except as provided 

24 in clause (ii), the Office of Hearings and 

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1 tions under or pursuant to this Act, the 

2 Small Business Investment Act of 1958 (15 

3 U.S.C. 661 et seq.), title 13 of the Code of 

4 Federal Regulations, and such other matters 

5 as the Administrator may determine appro6 priate. 

7 ‘‘(ii) EXCEPTION.—The Office of Hear8 ings and Appeals shall not adjudicate dis9 putes requiring a hearing on the record, ex10 cept disputes pertaining to the small busi11 ness programs described in this Act.’’. 

12 (b) NEW PROCEDURES FOR PETITIONS FOR RECON13 SIDERATION.—Section 3(a)(9) of the Small Business Act 

14 (15 U.S.C. 632(a)(9)) is amended by adding at the end the 

15 following: 

16 ‘‘(E) PROCEDURES.—The Office of Hear17 ings and Appeals shall begin accepting petitions 

18 for reconsideration described in subparagraph 

19 (A) upon the effective date of the procedures im20 plementing this paragraph. Notwithstanding the 

21 provisions of subparagraph (B), petitions for re22 consideration of size standards revised, modified, 

23 or established in a Federal Register final rule 

24 published between November 25, 2015 and the ef25 fective date of such procedures shall be considered 


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1 timely if filed within 30 days of such effective 

2 date.’’. 

3 SEC. 1867. ISSUANCE OF GUIDANCE ON SMALL BUSINESS 

4 MATTERS. 

5 Not later than 180 days after the date of enactment 

6 of this title, the Administrator of the Small Business Ad7 ministration shall issue guidance pertaining to the amend8 ments made by this Act to the Small Business Act by this 

9 title. The Administrator shall provide notice and oppor10 tunity for comment on such guidance for a period of not 

11 less than 60 days. 

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 


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1 the North Atlantic Treaty Organization Security Invest2 ment Program (and authorizations of appropriations there3 for) 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 au9 thorizations for military construction projects, land acqui10 sition, family housing projects and facilities, and contribu11 tions to the North Atlantic Treaty Organization Security 

12 Investment Program (and authorizations of appropriations 

13 therefor), for which appropriated funds have been obligated 

14 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 construc18 tion 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 


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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 ap7 propriated pursuant to the authorization of appropriations 

8 in section 2103(a) and available for military construction 

9 projects inside the United States as specified in the funding 

10 table in section 4601, the Secretary of the Army may ac11 quire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in 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 

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2103(a) and available for military con17 struction projects outside the United States as specified in 

18 the funding table in section 4601, the Secretary of the Army 

19 may acquire real property and carry out the military con20 struction project for the installations or locations outside 


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1 the United States, and in the amount, set forth in the fol2 lowing 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 

3 SEC. 2102. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2103(a) and available for military 

7 family housing functions as specified in the funding table 

8 in section 4601, the Secretary of the Army may construct 

9 or acquire family housing units (including land acquisition 

10 and supporting facilities) at the installations or locations, 

11 in the number of units, and in the amounts set forth in 

12 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 

13 (b) PLANNING AND DESIGN.—Using amounts appro14 priated pursuant to the authorization of appropriations in 

15 section 2103(a) and available for military family housing 

16 functions as specified in the funding table in section 4601, 

17 the Secretary of the Army may carry out architectural and 

18 engineering services and construction design activities with 


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1 respect to the construction or improvement of family hous2 ing units in an amount not to exceed $2,618,000. 

3 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

5 hereby authorized to be appropriated for fiscal years begin6 ning after September 30, 2016, for military construction, 

7 land acquisition, and military family housing functions of 

8 the Department of the Army as specified in the funding 

9 table in section 4601. 

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and 

13 any other cost variation authorized by law, the total cost 

14 of all projects carried out under section 2101 may not ex15 ceed the total amount authorized to be appropriated under 

16 subsection (a), as specified in the funding table in section 

17 4601. 

18 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2014 PROJECT. 

20 In the case of the authorization contained in the table 

21 in section 2101(a) of the Military Construction Authoriza22 tion Act for Fiscal Year 2014 (division B of Public Law 

23 113–66; 127 Stat. 986) for Joint Base Lewis-McChord, 

24 Washington, for construction of an aircraft maintenance 


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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 the 

6 Military Construction Authorization Act for Fiscal Year 

7 2013 (division B of Public Law 112-239; 126 Stat. 2118), 

8 the authorizations set forth in the table in subsection (b), 

9 as provided in section 2101 of that Act (126 Stat. 2119) 

10 and extended by section 2107 of the Military Construction 

11 Authorization Act for Fiscal Year 2016 (division B of Pub12 lic Law 114–92; 129 Stat. 1148), shall remain in effect 

13 until October 1, 2017, or the date of the enactment of an 

14 Act authorizing funds for military construction for fiscal 

15 year 2018, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) is 

17 as follows: 

Army: Extension of 2013 Project Authorizations 

State/Country Installation or Location Project Amount 

Kansas ........................ Fort Riley ................. Unmanned Aerial 

Vehicle Complex.

$12,200,000 

Virginia ...................... Fort Belvoir .............. Secure Admin/Operations Facility.$172,200,000 

Italy ............................ Camp Ederle ............ Barracks ................... $36,000,000 

Japan .......................... Sagami ...................... Vehicle Maintenance 

Shop.

$18,000,000 


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1 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2014 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2014 (division B of Public Law 113–66; 127 Stat. 985), 

6 the authorizations set forth in the table in subsection (b), 

7 as provided in section 2101 of that Act (127 Stat. 986) shall 

8 remain in effect until October 1, 2017, or the date of the 

9 enactment of an Act authorizing funds for military con10 struction for fiscal year 2018, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 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 

13 TITLE XXII—NAVY MILITARY 

14 CONSTRUCTION 

15 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts ap18 propriated pursuant to the authorization of appropriations 

19 in section 2204(a) and available for military construction 

20 projects inside the United States as specified in the funding 

21 table in section 4601, the Secretary of the Navy may acVerDate Sep 11 2014 19:20 May 04, 2016 Jkt 059200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 quire real property and carry out military construction 

2 projects for the installations or locations inside the United 

3 States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ......................... Yuma .................................................................. $48,355,000 

California ..................... Coronado ............................................................ $104,501,000 

Lemoore .............................................................. $26,723,000 

Miramar ............................................................. $193,600,000 

Seal Beach ......................................................... $21,007,000 

Florida ......................... Eglin Air Force Base ........................................ $20,489,000 

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 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a) and available for military con7 struction projects outside the United States as specified in 

8 the funding table in section 4601, the Secretary of the Navy 

9 may acquire real property and carry out military construc10 tion projects for the installation or location outside the 

11 United States, and in the amounts, set forth in the following 

12 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Japan ........................... Kadena Air Base ............................................... $26,489,000 

Sasebo ................................................................. $16,420,000 

Spain ............................ Rota .................................................................... $23,607,000 

Worldwide Unspecified Unspecified Worldwide Locations .................... $41,380,000 


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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 with 

17 respect to the construction or improvement of family hous18 ing units in an amount not to exceed $4,149,000. 

19 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

20 UNITS. 

21 Subject to section 2825 of title 10, United States Code, 

22 and using amounts appropriated pursuant to the author23 ization of appropriations in section 2204(a) and available 


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1 for military family housing functions as specified in the 

2 funding table in section 4601, the Secretary of the Navy 

3 may improve existing military family housing units in an 

4 amount not to exceed $11,047,000. 

5 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

7 hereby authorized to be appropriated for fiscal years begin8 ning after September 30, 2016, for military construction, 

9 land acquisition, and military family housing functions of 

10 the Department of the Navy, as specified in the funding 

11 table in section 4601. 

12 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and 

15 any other cost variation authorized by law, the total cost 

16 of all projects carried out under section 2201 may not ex17 ceed the total amount authorized to be appropriated under 

18 subsection (a), as specified in the funding table in section 

19 4601. 

20 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

21 CERTAIN FISCAL YEAR 2014 PROJECT. 

22 In the case of the authorization contained in the table 

23 in section 2201 of the Military Construction Authorization 

24 Act for Fiscal Year 2014 (division B of Public Law 113– 

25 66; 127 Stat. 989) for Pearl City, Hawaii, for construction 


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1 of a water transmission line at that location, the Secretary 

2 of the Navy may construct a 591-meter (1,940-foot) long 

3 16-inch diameter water transmission line as part of the net4 work required to provide the main water supply to Joint 

5 Base Pearl Harbor-Hickam, Hawaii. 

6 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

7 FISCAL YEAR 2013 PROJECTS. 

8 (a) EXTENSION.—Notwithstanding section 2002 of the 

9 Military Construction Authorization Act for Fiscal Year 

10 2013 (division B of Public Law 112–239; 126 Stat. 2118), 

11 the authorizations set forth in the table in subsection (b), 

12 as provided in section 2201 of that Act (126 Stat. 2122) 

13 and extended by section 2206 of the Military Construction 

14 Authorization Act for Fiscal Year 2016 (division B of Pub15 lic Law 114–92; 129 Stat. 1151), shall remain in effect 

16 until October 1, 2017, or the date of the enactment of an 

17 Act authorizing funds for military construction for fiscal 

18 year 2018, whichever is later. 

19 (b) TABLE.—The table referred to in subsection (a) is 

20 as follows: 

Navy: Extension of 2013 Project Authorizations 

State/Country Installation or Location Project Amount 

California ................... Camp Pendleton ........ Comm. Information 

Systems Ops Complex ......................... $78,897,000 

Greece ......................... Souda Bay ................. Intermodal Access 

Road ....................... $4,630,000 

South Carolina .......... Beaufort ..................... Recycling/Hazardous 

Waste Facility ....... $3,743,000 


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Navy: Extension of 2013 Project Authorizations—Continued 

State/Country Installation or Location Project Amount 

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 the 

4 Military Construction Authorization Act for Fiscal Year 

5 2014 (division B of Public Law 113–66; 127 Stat. 985), 

6 the authorizations set forth in the table in subsection (b), 

7 as provided in section 2201 of that Act (127 Stat. 989), 

8 shall remain in effect until October 1, 2017, or the date 

9 of the enactment of an Act authorizing funds for military 

10 construction for fiscal year 2018, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 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 

Maine ......................... Bangor ....................... NCTAMS VLF Commercial Power Connection .................... $13,800,000 

Nevada ........................ Fallon ......................... Wastewater Treatment Plant ............. $11,334,000 

Virginia ...................... Quantico ..................... Academic Instruction 

Facility TECOM 

Schools .................... $25,731,000 

Quantico ..................... Fuller Road Improvements ...................... $9,013,000 


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1 SEC. 2208. STATUS OF ‘‘NET NEGATIVE’’ POLICY REGARDING 

2 NAVY ACREAGE ON GUAM. 

3 (a) REPORT ON STATUS.— 

4 (1) REPORT.—Not later than 6 months after the 

5 date of the enactment of this Act, the Secretary of the 

6 Navy shall submit a report to the congressional de7 fense committees regarding the status of the imple8 mentation of the ‘‘net negative’’ policy regarding the 

9 total number of acres of the real property controlled 

10 by the Department of the Navy on Guam, as described 

11 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 Jan18 uary 20, 2011, or which the Navy plans to 

19 transfer to the control of Guam, as well as a de20 scription of the specific legal authority under 

21 which the Navy has transferred or will transfer 

22 each such property. 

23 (B) The methodology and process the Navy 

24 will use to determine the total number of acres 

25 of real property that the Navy will transfer or 

26 has transferred to the control of Guam as part 


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1 of the ‘‘net negative’’ policy, and the date on 

2 which the Navy will transfer or has transferred 

3 control of any such property. 

4 (C) A description of the real property con5 trolled by the Navy on Guam which the Navy 

6 plans to retain under its control and the reasons 

7 for retaining such property, including a detailed 

8 explanation of the reasons for retaining any such 

9 property which has not been developed or for 

10 which no development has been proposed under 

11 the current installation master plans for major 

12 military installations (as described in section 

13 2864 of title 10, United States Code). 

14 (3) EXCLUSION OF CERTAIN PROPERTY.—In pre15 paring and submitting the report under this sub16 section, the Secretary may not take into account any 

17 real property which has been identified prior to Jan18 uary 20, 2011, as property to be transferred to the 

19 Government of Guam under the Guam Excess Lands 

20 Act (Public Law 103–339) or the Guam Land Use 

21 Plan (GLUP) 1977, or pursuant to base realignment 

22 and closure authorized under the Defense Base Clo23 sure and Realignment Act of 1990 (part A of title 

24 XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 


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1 whether or not the Navy transferred control of any 

2 such property to Guam at any time. 

3 (b) POLICY DESCRIBED.—The ‘‘net negative’’ policy 

4 described in this section is the policy of the Secretary of 

5 the Navy, as expressed in the statement released by Under 

6 Secretary of the Navy on January 20, 2011, that the reloca7 tion of Marines to Guam occurring during 2011 will not 

8 cause the total number of acres of real property controlled 

9 by the Navy on Guam upon the completion of such reloca10 tion to exceed the total number of acres of real property 

11 controlled by the Navy on Guam prior to such relocation. 

12 TITLE XXIII—AIR FORCE 

13 MILITARY CONSTRUCTION 

14 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

15 LAND ACQUISITION PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts ap17 propriated pursuant to the authorization of appropriations 

18 in section 2304(a) and available for military construction 

19 projects inside the United States as specified in the funding 

20 table in section 4601, the Secretary of the Air Force may 

21 acquire real property and carry out military construction 

22 projects for the installations or locations inside the United 

23 States, and in the amounts, set forth 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 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a) and available for military con4 struction projects outside the United States as specified in 

5 the funding table in section 4601, the Secretary of the Air 

6 Force may acquire real property and carry out military 

7 construction projects for the installation or location outside 

8 the United States, and in the amount, set forth in the fol9 lowing 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 


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Air Force: Outside the United States—Continued 

Country Installation or Location Amount 

Turkey .................................... Incirlik Air Base .............................. $13,449,000 

United Arab Emirates .......... Al Dhafra .......................................... $35,400,000 

United Kingdom .................... Croughton RAF ................................. $16,500,000 

1 SEC. 2302. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2304(a) and available 

4 for military family housing functions as specified in the 

5 funding table in section 4601, the Secretary of the Air Force 

6 may carry out architectural and engineering services and 

7 construction design activities with respect to the construc8 tion or improvement of family housing units in an amount 

9 not to exceed $4,368,000. 

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States Code, 

13 and using amounts appropriated pursuant to the author14 ization of appropriations in section 2304(a) and available 

15 for military family housing functions as specified in the 

16 funding table in section 4601, the Secretary of the Air Force 

17 may improve existing military family housing units in an 

18 amount not to exceed $56,984,000. 

19 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

20 FORCE. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

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1 ning after September 30, 2016, for military construction, 

2 land acquisition, and military family housing functions of 

3 the Department of the Air Force, as specified in the funding 

4 table in section 4601. 

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and 

8 any other cost variation authorized by law, the total cost 

9 of all projects carried out under section 2301 may not ex10 ceed the total amount authorized to be appropriated under 

11 subsection (a), as specified in the funding table in section 

12 4601. 

13 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

14 CERTAIN FISCAL YEAR 2016 PROJECT. 

15 In the case of the authorization contained in the table 

16 in section 2301(a) of the Military Construction Authoriza17 tion Act for Fiscal Year 2016 (division B of Public Law 

18 114–92; 129 Stat. 1152) for Malmstrom Air Force Base, 

19 Montana, for construction of a Tactical Response Force 

20 Alert Facility at the installation, the Secretary of the Air 

21 Force may construct an emergency power generator system 

22 consistent with the Air Force’s construction guidelines. 


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1 SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2013 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2013 (division B of Public Law 112–239; 126 Stat. 2118), 

6 the authorization set forth in the table in subsection (b), 

7 as provided in section 2301 of that Act (126 Stat. 2126) 

8 and extended by section 2309 of the Military Construction 

9 Authorization Act for Fiscal Year 2016 (division B of Pub10 lic Law 114–92; 129 Stat. 1155), shall remain in effect 

11 until October 1, 2017, or the date of the enactment of an 

12 Act authorizing funds for military construction for fiscal 

13 year 2018, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) is 

15 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 

16 SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN 

17 FISCAL YEAR 2014 PROJECT. 

18 (a) EXTENSION.—Notwithstanding section 2002 of the 

19 Military Construction Authorization Act for Fiscal Year 

20 2014 (division B of Public Law 113–66; 127 Stat. 985), 

21 the authorization set forth in the table in subsection (b), 

22 as provided in section 2301 of that Act (127 Stat. 992), 


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1 shall remain in effect until October 1, 2017, or the date 

2 of the enactment of an Act authorizing funds for military 

3 construction for fiscal year 2018, whichever is later. 

4 (b) TABLE.—The table referred to in subsection (a) is 

5 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 

6 SEC. 2308. RESTRICTION ON ACQUISITION OF PROPERTY IN 

7 NORTHERN MARIANA ISLANDS. 

8 The Secretary of the Air Force may not use any of 

9 the amounts authorized to be appropriated under section 

10 2304 to acquire property or interests in property at an un11 specified location in the Commonwealth of the Northern 

12 Mariana Islands, as specified in the funding table set forth 

13 in section 2301(b) and the funding table in section 4601, 

14 until the congressional defense committees have received 

15 from the Secretary a report providing the following infor16 mation: 

17 (1) The specific location of the property or inter18 est in property to be acquired. 

19 (2) The total cost, scope, and location of the 

20 military construction projects and the acquisition of 

21 property or interests in property required to support 

22 the Secretary’s proposed divert activities and exercises 


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1 in the Commonwealth of the Northern Mariana Is2 lands. 

3 (3) An analysis of any alternative locations that 

4 the Secretary considered acquiring, including other 

5 locations or interests within the Commonwealth of the 

6 Northern Mariana Islands or the Freely Associated 

7 States. For purposes of this paragraph, the term 

8 ‘‘Freely Associated States’’ means the Republic of the 

9 Marshall Islands, the Federated States of Micronesia, 

10 and the Republic of Palau. 

11 TITLE XXIV—DEFENSE AGEN12 CIES MILITARY CONSTRUC13 TION 

14 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC15 TION AND LAND ACQUISITION PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts ap17 propriated pursuant to the authorization of appropriations 

18 in section 2403(a) and available for military construction 

19 projects inside the United States as specified in the funding 

20 table in section 4601, the Secretary of Defense may acquire 

21 real property and carry out military construction projects 

22 for the installations or locations inside the United States, 

23 and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alaska ............................................. Clear Air Force Station .............................. $155,000,000 

Fort Greely ................................................... $9,560,000 

Joint Base Elmendorf-Richardson ............. $4,900,000 


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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for military con4 struction projects outside the United States as specified in 

5 the funding table in section 4601, the Secretary of Defense 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 

8 United States, and in the amounts, set forth in the following 

9 table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Diego Garcia ................... Diego Garcia ................................................................ $30,000,000 

Germany ......................... Kaiserslautern ............................................................. $45,221,000 

Japan .............................. Ikakuni ......................................................................... $6,664,000 

Kadena Air Base ......................................................... $161,224,000 

Yokota Air Base .......................................................... $113,731,000 

Kwajalein ........................ Kwajalein Atoll ........................................................... $85,500,000 

United Kingdom ............. Royal Air Force Croughton ........................................ $71,424,000 

Royal Air Force Lakenheath ...................................... $13,500,000 

Wake Island .................... Wake Island ................................................................. $11,670,000 


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1 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

2 PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2403(a) and available for energy conservation 

6 projects as specified in the funding table in section 4601, 

7 the Secretary of Defense may carry out energy conservation 

8 projects under chapter 173 of title 10, United States Code, 

9 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 

14 funding table in section 4601, the Secretary of Defense may 

15 carry out energy conservation projects under chapter 173 

16 of title 10, United States Code, for the installations or loca17 tions outside the United States, and in the amounts, set 

18 forth in the following table: 


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Energy Conservation Projects: Outside the United States 

Country Installation or Location Amount 

Cuba ................................ Guantanamo Bay ........................................................ $6,080,000 

Diego Garcia ................... NSF Diego Garcia ...................................................... $17,010,000 

Japan .............................. Kadena Air Base ......................................................... $4,007,000 

Misawa Air Base ......................................................... $5,315,000 

Spain ............................... Rota .............................................................................. $3,710,000 

Various Locations ........... Various Locations ........................................................ $2,705,000 

1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

2 AGENCIES. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

4 hereby authorized to be appropriated for fiscal years begin5 ning after September 30, 2016, for military construction, 

6 land acquisition, and military family housing functions of 

7 the Department of Defense (other than the military depart8 ments), as specified in the funding table in section 4601. 

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and 

12 any other cost variation authorized by law, the total cost 

13 of all projects carried out under section 2401 of this Act 

14 may not exceed the total amount authorized to be appro15 priated under subsection (a), as specified in the funding 

16 table in section 4601. 

17 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2014 PROJECT. 

19 In the case of the authorization in the table in section 

20 2401(b) of the Military Construction Authorization Act for 

21 Fiscal Year 2014 (division B of Public Law 113–66; 127 


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1 Stat. 996), for Royal Air Force Lakenheath, United King2 dom, for construction of a high school, the Secretary of De3 fense may construct a combined middle/high school. 

4 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

5 FISCAL YEAR 2013 PROJECTS. 

6 (a) EXTENSION.—Notwithstanding section 2002 of the 

7 Military Construction Authorization Act for Fiscal Year 

8 2013 (division B of Public Law 112–239; 126 Stat. 2118), 

9 the authorizations set forth in the table in subsection (b), 

10 as provided in section 2401 of that Act (126 Stat. 2127), 

11 as amended by section 2406(a) of the Military Construction 

12 Authorization Act for Fiscal Year 2016 (division B of Pub13 lic Law 114–92; 129 Stat. 1160), shall remain in effect 

14 until October 1, 2017, or the date of the enactment of an 

15 Act authorizing funds for military construction for fiscal 

16 year 2018, whichever is later. 

17 (b) TABLE.—The table referred to in subsection (a) is 

18 as follows: 

Defense Agencies: Extension of 2013 Project Authorizations 

State/Country Installation or Location Project Amount 

Japan ......................... Camp Zama .............. Renovate Zama High 

School ..................... $13,273,000 

Pennsylvania ............. New Cumberland ....... Replace Reservoir ...... $4,300,000 

19 SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

20 FISCAL YEAR 2014 PROJECTS. 

21 (a) EXTENSION.—Notwithstanding section 2002 of the 

22 Military Construction Authorization Act for Fiscal Year 


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1 2014 (division B of Public Law 113–66; 127 Stat. 985), 

2 the authorizations set forth in the table in subsection (b), 

3 as provided in section 2401 of that Act (127 Stat. 995), 

4 shall remain in effect until October 1, 2017 or the date of 

5 the enactment of an Act authorizing funds for military con6 struction for fiscal year 2018, whichever is later. 

7 (b) TABLE.—The table referred to in subsection (a) is 

8 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 

Pentagon Raven Rock Administrative Facility 

Upgrade ................. $32,000,000 

Pentagon Boundary Channel 

Access Control 

Point ...................... $6,700,000 


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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 construc14 tion previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2016, for contribu18 tions by the Secretary of Defense under section 2806 of title 

19 10, United States Code, for the share of the United States 

20 of the cost of projects for the North Atlantic Treaty Organi21 zation Security Investment Program authorized by section 

22 2501 as specified in the funding table in section 4601. 


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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 Subtitle A—Project Authorizations 

4 and Authorization of Appropria5 tions 

6 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON7 STRUCTION AND LAND ACQUISITION 

8 PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2606 and available for 

11 the National Guard and Reserve as specified in the funding 

12 table in section 4601, the Secretary of the Army may ac13 quire real property and carry out military construction 

14 projects for the Army National Guard locations inside the 

15 United States, and in the amounts, set forth in the following 

16 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 


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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 funding 

6 table in section 4601, the Secretary of the Army may ac7 quire 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 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 

10 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

11 CORPS RESERVE CONSTRUCTION AND LAND 

12 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 funding 

16 table in section 4601, the Secretary of the Navy may ac17 quire real property and carry out military construction 

18 projects for the Navy Reserve and Marine Corps Reserve 

19 locations inside the United States, and in the amounts, set 

20 forth in the following table: 


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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 funding 

6 table in section 4601, the Secretary of the Air Force may 

7 acquire real property and carry out military construction 

8 projects for the Air National Guard locations inside the 

9 United States, and in the amounts, set forth in the following 

10 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 funding 


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1 table in section 4601, the Secretary of the Air Force may 

2 acquire real property and carry out military construction 

3 projects for the Air Force Reserve locations inside the 

4 United States, and in the amounts, set forth in the following 

5 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 fis9 cal years beginning after September 30, 2016, for the costs 

10 of acquisition, architectural and engineering services, and 

11 construction of facilities for the Guard and Reserve Forces, 

12 and for contributions therefor, under chapter 1803 of title 

13 10, United States Code (including the cost of acquisition 

14 of land for those facilities), as specified in the funding table 

15 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– 


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1 66; 127 Stat. 1001) for Bullville, New York, for construction 

2 of a new Army Reserve Center at that location, the Sec3 retary of the Army may add to or alter the existing Army 

4 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 con11 struction of a Reserve Training Center at that location, the 

12 Secretary of the Navy may acquire approximately 8.5 acres 

13 (370,260 square feet) of adjacent land, obtain necessary in14 terest in land, and construct road improvements and associ15 ated supporting facilities to provide required access to the 

16 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 


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1 launcher ranges necessary to clear the site for the new Army 

2 Reserve facilities. 

3 SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN 

4 FISCAL YEAR 2013 PROJECT. 

5 (a) EXTENSION.—Notwithstanding section 2002 of the 

6 Military Construction Authorization Act for Fiscal Year 

7 2013 (division B of Public Law 112-239; 126 Stat. 2118), 

8 the authorizations set forth in the table in subsection (b), 

9 as provided in section 2603 of that Act (126 Stat. 2135) 

10 and extended by section 2614 of the Military Construction 

11 Authorization Act for Fiscal Year 2016 (division B of Pub12 lic Law 114-92; 129 Stat. 1166), shall remain in effect until 

13 October 1, 2017, or the date of the enactment of an Act 

14 authorizing funds for military construction for fiscal year 

15 2018, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) is 

17 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 the 

21 Military Construction Authorization Act for Fiscal Year 

22 2014 (division B of Public Law 113-66; 127 Stat. 985), 


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1 the authorizations set forth in the table in subsection (b), 

2 as provided in sections 2602, 2603, 2604, and 2605 of that 

3 Act (127 Stat. 1001, 1002), shall remain in effect until Oc4 tober 1, 2017, or the date of the enactment of an Act author5 izing funds for military construction for fiscal year 2018, 

6 whichever is later. 

7 (b) TABLE.—The table referred to in subsection (a) is 

8 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 BASE 

13 REALIGNMENT AND CLOSURE ACTIVITIES 

14 FUNDED THROUGH DEPARTMENT OF DE15 FENSE BASE CLOSURE ACCOUNT. 

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2016, for base re18 alignment and closure activities, including real property 


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1 acquisition and military construction projects, as author2 ized by the Defense Base Closure and Realignment Act of 

3 1990 (part A of title XXIX of Public Law 101-510; 10 

4 U.S.C. 2687 note) and funded through the Department of 

5 Defense Base Closure Account established by section 2906 

6 of such Act (as amended by section 2711 of the Military 

7 Construction Authorization Act for Fiscal Year 2013 (divi8 sion B of Public Law 112-239; 126 Stat. 2140)), as speci9 fied 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 an 

14 additional Base Realignment and Closure (BRAC) round. 

15 Nothing in the previous sentence shall be construed to affect 

16 the authority of the Secretary of Defense to comply with 

17 any requirement under law, or with any request of a con18 gressional defense committee, to conduct an analysis, study, 

19 or report of the infrastructure needs of the Department of 

20 Defense, including the infrastructure inventory required to 

21 be prepared under section 2815(a)(2) of the National De22 fense Authorization Act for Fiscal Year 2016 (Public Law 

23 114–92; 129 Stat. 1175). 


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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 such 

16 title is amended— 

17 (1) by striking the second sentence of paragraph 

18 (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 


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1 project, and of the estimated cost of the project. The project 

2 may then be carried out only after the end of the 21-day 

3 period beginning on the date the notification is received by 

4 the committees or, if earlier, the end of the 14-day period 

5 beginning on the date on which a copy of the notification 

6 is provided in an electronic medium pursuant to section 

7 480 of this title.’’. 

8 (c) REPEAL OF SUNSET.—Section 2805(d) of such title 

9 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 States 

13 Code, is amended to read as follows: 

14 ‘‘(e) REPAIR PROJECT DEFINED.—In this section, the 

15 term ‘repair project’ means a project— 

16 ‘‘(1) to restore a real property facility, system, or 

17 component to such a condition that it may effectively 

18 be used for its designated functional purpose; or 

19 ‘‘(2) to convert a real property facility, system, 

20 or component to a new functional purpose without in21 creasing its external dimensions.’’. 


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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 sec6 tion 2808 of the Military Construction Authorization Act 

7 for Fiscal Year 2004 (division B of Public Law 108–136; 

8 117 Stat. 1723), as most recently amended by section 2802 

9 of the Military Construction Authorization Act for Fiscal 

10 Year 2016 (division B of Public Law 114–92; 129 Stat. 

11 XXXX), is amended— 

12 (1) in paragraph (1), by striking ‘‘December 31, 

13 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.—Subsection 

17 (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 insert21 ing ‘‘December 31, 2017’’; and 

22 (3) by striking ‘‘fiscal year 2017’’ and inserting 

23 ‘‘fiscal year 2018’’. 


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1 SEC. 2804. EXTENSION OF TEMPORARY AUTHORITY FOR AC2 CEPTANCE AND USE OF CONTRIBUTIONS FOR 

3 CERTAIN CONSTRUCTION, MAINTENANCE, 

4 AND REPAIR PROJECTS MUTUALLY BENE5 FICIAL TO THE DEPARTMENT OF DEFENSE 

6 AND KUWAIT MILITARY FORCES. 

7 Section 2804(f) of the National Defense Authorization 

8 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

9 1171; 10 U.S.C. 2350j note) is amended by striking ‘‘Sep10 tember 30, 2020’’ and inserting ‘‘September 30, 2025’’. 

11 SEC. 2805. NOTICE AND REPORTING REQUIREMENTS FOR 

12 ENERGY CONSERVATION CONSTRUCTION 

13 PROJECTS. 

14 (a) CONTENTS OF NOTIFICATIONS.— 

15 (1) CONTENTS.—Section 2914(b) of title 10, 

16 United States Code, is amended by striking the period 

17 at the end of the first sentence and inserting the fol18 lowing: ‘‘, and shall include in the notification the 

19 justification and current cost estimate for the project, 

20 the expected savings to investment ratio and simple 

21 payback estimates, and the project’s measurement and 

22 validation plan and costs.’’. 

23 (2) EFFECTIVE DATE.—The amendment made by 

24 paragraph (1) shall apply with respect to notifica25 tions provided during fiscal year 2017 or any suc26 ceeding fiscal year. 


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1 (b) ANNUAL REPORT.—Section 2914 of such title is 

2 amended by adding at the end the following new subsection: 

3 ‘‘(c) ANNUAL REPORT.—Not later than 90 days after 

4 the end of each fiscal year (beginning with fiscal year 

5 2017), the Secretary of Defense shall submit to the appro6 priate committees of Congress a report on the status of the 

7 projects carried out under this section (including completed 

8 projects), and shall include in the report with respect to 

9 each such project the following information: 

10 ‘‘(1) The title, location, and a brief description 

11 of the scope of work. 

12 ‘‘(2) The original cost estimate and expected sav13 ings to investment ratio and simple payback esti14 mates, and the original measurement and validation 

15 plan and costs. 

16 ‘‘(3) The most recent cost estimate and expected 

17 savings to investment ratio and simple payback esti18 mates, and the most recent version of the measure19 ment and validation plan and costs. 

20 ‘‘(4) Such other information as the Secretary 

21 considers appropriate.’’. 


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1 SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICI2 PATION IN DEFENSE LABORATORY MOD3 ERNIZATION PILOT PROGRAM. 

4 Section 2803(a) of the National Defense Authorization 

5 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

6 1169; 10 U.S.C. 2358 note) is amended by adding by add7 ing at the end the following: 

8 ‘‘(4) A Department of Defense research, develop9 ment, 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 Subtitle B—Real Property and 

14 Facilities Administration 

15 SEC. 2811. CONGRESSIONAL NOTIFICATION FOR IN-KIND 

16 CONTRIBUTIONS FOR OVERSEAS MILITARY 

17 CONSTRUCTION PROJECTS. 

18 (a) NOTIFICATION REQUIREMENT.—Subsection (f) of 

19 section 2687a of title 10, United States Code, is amended 

20 to read as follows: 

21 ‘‘(f) CONGRESSIONAL OVERSIGHT OF PAYMENT IN22 KIND AND IN-KIND CONTRIBUTIONS FOR OVERSEAS

23 PROJECTS.—(1) In the event the Secretary of Defense ac24 cepts a military construction project to be built for Depart25 ment of Defense personnel outside the United States as a 

26 payment-in-kind or an in-kind contribution required by a 


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1 bilateral agreement with a host country, the Secretary of 

2 Defense shall submit to the congressional defense committees 

3 a written notification at least 30 days before the initiation 

4 date for any such military construction project. 

5 ‘‘(2) A notification under paragraph (1) with respect 

6 to a proposed military construction project shall include the 

7 following: 

8 ‘‘(A) The requirements for, and purpose and de9 scription of, the proposed project. 

10 ‘‘(B) The cost of the proposed project. 

11 ‘‘(C) The scope of the proposed project. 

12 ‘‘(D) The schedule for the proposed project. 

13 ‘‘(E) Such other details as the Secretary con14 siders relevant.’’. 

15 (b) CONFORMING AMENDMENT.—Section 2802 of such 

16 title is amended by striking subsection (d). 

17 (c) REPEAL.—Section 2803 of the Carl Levin and 

18 Howard ‘‘Buck’’ McKeon National Defense Authorization 

19 Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 

20 3696) is repealed, and the provisions of law amended by 

21 subsections (a) and (b) of that section shall be restored as 

22 if such section had not been enacted into law. 


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1 SEC. 2812. PROHIBITION ON USE OF MILITARY INSTALLA2 TIONS TO HOUSE UNACCOMPANIED ALIEN 

3 CHILDREN. 

4 (a) PROHIBITION.—A military installation may not 

5 be used to house any unaccompanied alien child. 

6 (b) DEFINITIONS.—In this section: 

7 (1) The term ‘‘military installation’’ has the 

8 meaning given that term in section 2801(c)(4) of title 

9 10, United States Code, but does not include an in10 stallation located outside of the United States. 

11 (2) The term ‘‘unaccompanied alien child’’ has 

12 the meaning given such term in section 462(g)(2) of 

13 the Homeland Security Act of 2002 (6 U.S.C. 

14 279(g)(2)). 

15 SEC. 2813. ALLOTMENT OF SPACE AND PROVISION OF SERV16 ICES TO WIC OFFICES OPERATING ON MILI17 TARY INSTALLATIONS. 

18 (a) ALLOTMENT OF SPACE AND PROVISION OF SERV19 ICES AUTHORIZED.—Chapter 152 of title 10, United States 

20 Code, is amended by inserting after section 2566 the fol21 lowing new section: 

22 ‘‘§ 2567. Space and services: provision to WIC offices 

23 ‘‘(a) ALLOTMENT OF SPACE AND PROVISION OF SERV24 ICES AUTHORIZED.—Upon application by a WIC office, the 

25 Secretary of a military department may allot space on a 

26 military installation under the jurisdiction of the Secretary 


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1 to the WIC office without charge for rent or services if the 

2 Secretary determines that— 

3 ‘‘(1) the WIC office provides or will provide serv4 ices solely to members of the armed forces assigned to 

5 the installation, civilian employees of the Department 

6 of Defense employed at the installation, or dependents 

7 of such members or employees; 

8 ‘‘(2) space is available on the installation; 

9 ‘‘(3) operation of the WIC office will not hinder 

10 military mission requirements; and 

11 ‘‘(4) the security situation at the installation 

12 permits the presence of a non-Federal entity on the 

13 installation. 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘services’ includes the provision of 

16 lighting, heating, cooling, and electricity. 

17 ‘‘(2) The term ‘WIC office’ means a local agency 

18 (as defined in subsection (b)(6) of section 17 of the 

19 Child Nutrition Act of 1966 (42 U.S.C. 1786)) that 

20 participates in the special supplemental nutrition 

21 program for women, infants, and children under such 

22 section.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of chapter 152 of title 10, United States Code, 


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1 is amended by inserting after the item relating to section 

2 2566 the following new item: 

‘‘2567. Space and services: provision to WIC offices’’. 

3 SEC. 2814. SENSE OF CONGRESS REGARDING NEED TO CON4 SULT WITH STATE AND LOCAL OFFICIALS 

5 PRIOR TO ACQUISITIONS OF REAL PROPERTY. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that, prior to acquiring real property in a State for use 

8 of the Department of Defense (including through purchase, 

9 lease, or any other arrangement), the Secretary of Defense 

10 or the Secretary of the military department concerned 

11 should consult with the chief executive of the State and rep12 resentatives of units of local government with jurisdiction 

13 over the property, with the goal of resolving potential con14 flicts regarding the use of the property before such conflicts 

15 arise. 

16 (b) STATE DEFINED.—In this section, the term 

17 ‘‘State’’ means each of the several States, the District of Co18 lumbia, the Commonwealth of Puerto Rico, American 

19 Samoa, Guam, the United States Virgin Islands, and the 

20 Commonwealth of the Northern Mariana Islands. 


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1 SEC. 2815. SENSE OF CONGRESS REGARDING INCLUSION OF 

2 STORMWATER SYSTEMS AND COMPONENTS 

3 WITHIN THE MEANING OF ‘‘WASTEWATER SYS4 TEM’’ UNDER THE DEPARTMENT OF DEFENSE 

5 AUTHORITY FOR CONVEYANCE OF UTILITY 

6 SYSTEMS. 

7 It is the sense of Congress that the reference to a system 

8 for the collection or treatment of wastewater in the defini9 tion of ‘‘utility system’’ in section 2688 of title 10, United 

10 States Code, which authorizes the Department of Defense 

11 to convey utility systems, includes stormwater systems and 

12 components. 

13 SEC. 2816. ASSESSMENT OF PUBLIC SCHOOLS ON DEPART14 MENT OF DEFENSE INSTALLATIONS. 

15 Not later than one year after the date of the enactment 

16 of this Act, the Secretary of Defense shall submit to the con17 gressional defense committees a report that includes an up18 date of the July 2011 assessment on the condition and ca19 pacity of elementary and secondary public schools on mili20 tary installations, including consideration for— 

21 (1) schools that have had changes in their condi22 tion or capacity since the original assessment; and 

23 (2) schools that may have been inadvertently 

24 omitted from the original assessment. 


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1 Subtitle C—Provision Related to 

2 Asia-Pacific Military Realignment 

3 SEC. 2821. LIMITED EXCEPTIONS TO RESTRICTION ON DE4 VELOPMENT OF PUBLIC INFRASTRUCTURE IN 

5 CONNECTION WITH REALIGNMENT OF MA6 RINE CORPS FORCES IN ASIA-PACIFIC RE7 GION. 

8 (a) REVISION.—Notwithstanding section 2821(b) of the 

9 Military Construction Authorization Act for Fiscal Year 

10 2015 (division B of Public Law 113–291; 128 Stat. 3701), 

11 the Secretary of Defense may proceed with a public infra12 structure project on Guam which is described in subsection 

13 (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 Authorization 

17 Act for Fiscal Year 2014 (division B of Public Law 

18 113–66; 127 Stat. 1017); and 

19 (2) amounts have been appropriated or made 

20 available to be expended by the Department of Defense 

21 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. 


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1 (2) A project intended to improve curation of ar2 cheological 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 Year 

7 2016 (division B of Public Law 114–92; 129 Stat. 1177) 

8 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, ALASKA. 

13 (a) CONVEYANCES AUTHORIZED.— 

14 (1) CONVEYANCE TO UNIVERSITY OF ALASKA.— 

15 The Secretary of the Air Force may convey to the 

16 University of Alaska (in this section referred to as the 

17 ‘‘University’’) all right, title, and interest of the 

18 United States in and to a parcel of real property, in19 cluding improvements thereon, consisting of approxi20 mately 1,158 acres near the Gulkana Village, Alaska, 

21 which were purchased by the Secretary of the Air 

22 Force from Ahtna, Incorporated, in January 1989, 

23 contain a High Frequency Active Auroral Research 

24 Program facility, and comprise a portion of the prop25 erty more particularly described in subsection (b), for 


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1 the purpose of permitting the University to use the 

2 conveyed property for public purposes. 

3 (2) CONVEYANCE TO ALASKA NATIVE CORPORA4 TION.—The Secretary of the Air Force may convey to 

5 the Ahtna, Incorporated, (in this section referred to as 

6 ‘‘Ahtna’’), all right, title, and interest of the United 

7 States in and to a parcel of real property, including 

8 improvements thereon, consisting of approximately 

9 4,259 acres near Gulkana Village, Alaska, which were 

10 purchased by the Secretary of the Air Force from 

11 Ahtna, Incorporated, in January 1989 and comprise 

12 the portion of the property more particularly de13 scribed in subsection (b) that does not contain the 

14 High Frequency Active Auroral Research Program fa15 cility. The property to be conveyed under this para16 graph does not include any of the property authorized 

17 for conveyance to the University under paragraph 

18 (1). 

19 (b) PROPERTY DESCRIBED.—Subject to the property 

20 exclusions specified in subsection (c), the real property au21 thorized for conveyance under subsection (a) consists of por22 tions of sections within township 7 north, range 1 east; 

23 township 7 north, range 2 east; township 8 north, range 

24 1 east; and township 8 north, range 2 east; Copper River 


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1 Meridian, Chitina Recording District, Third Judicial Dis2 trict, State of Alaska, as follows: 

3 (1) Township 7 north, range 1 east: 

4 (A) Section 1. 

(B) E1⁄2, S1⁄2NW1⁄4, SW1 5 ⁄4 of section 2. 

(C) S1⁄2SE1⁄4, NE1⁄4SE1 6 ⁄4 of section 3. 

(D) E1 7 ⁄2 of section 10. 

8 (E) Sections 11 and 12. 

(F) That portion of N1⁄2, N1⁄2S1 9 ⁄2 of section 

10 13, excluding all lands lying southerly and eas11 terly of the Glenn Highway right-of-way. 

(G) N1⁄2, N1⁄2S1 12 ⁄2 of section 14. 

(H) NE1⁄4, NE1⁄4SE1 13 ⁄4 of section 15. 

14 (2) Township 7 north, range 2 east: 

(A) W1 15 ⁄2 of section 6. 

(B) NW1 16 ⁄4 of section 7, and the portion of 

N1⁄2SW1⁄4 and NW1⁄4SE1 17 ⁄4 of such section lying 

18 northerly of the Glenn Highway right-of-way. 

19 (3) Township 8 north, range 1 east: 

(A) SE1⁄4SE1 20 ⁄4 of section 35. 

(B) E1⁄2, SW1⁄4, SE1⁄4NW1 21 ⁄4 of section 

22 36. 

23 (4) Township 8 north, range 2 east: 

(A) W1 24 ⁄2 of section 31. 


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1 (c) EXCLUSION OF CERTAIN PROPERTY.—The real 

2 property authorized for conveyance under subsection (a) 

3 may not include the following: 

4 (1) Public easements reserved pursuant to section 

5 17(b) of the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1616(b)), as described in the Warranty Deed 

7 from Ahtna, Incorporated, to the United States, dated 

8 March 1, 1990, recorded in Book 31, pages 665 

9 through 668 in the Chitina Recording District, Third 

10 Judicial District, Alaska. 

11 (2) Easement for an existing trail as described 

12 in the such Warranty Deed from Ahtna, Incorporated, 

13 to the United States. 

14 (3) The subsurface estate. 

15 (d) CONSIDERATION.— 

16 (1) CONVEYANCE TO UNIVERSITY.—As consider17 ation for the conveyance of property under subsection 

18 (a)(1), the University shall provide the United States 

19 with consideration in an amount that is acceptable to 

20 the Secretary of the Air Force, whether in the form 

21 of cash payment, in-kind consideration, or a com22 bination thereof. 

23 (2) CONVEYANCE TO AHTNA.—As consideration 

24 for the conveyance of property under subsection 

25 (a)(2), Ahtna shall provide the United States with 


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1 consideration in an amount that is acceptable to the 

2 Secretary, whether in the form of cash payment, in3 kind consideration, a land exchange under the Alaska 

4 Native Claims Settlement Act (43 U.S.C. 1601 et seq), 

5 or a combination thereof. 

6 (3) TREATMENT OF CASH CONSIDERATION RE7 CEIVED.—Any cash payment received by the Sec8 retary as consideration for a conveyance under sub9 section (a) shall be deposited in the special account in 

10 the Treasury established under subsection (b) of sec11 tion 572 of title 40, United States Code, and shall be 

12 available in accordance with paragraph (5)(B) of 

13 such subsection. 

14 (e) REVERSIONARY INTEREST.—If the Secretary of the 

15 Air Force determines at any time that the real property 

16 conveyed under subsection (a)(1) is not being used by the 

17 University in accordance with the purposes of the convey18 ance specified in such subsection, all right, title, and inter19 est in and to the land, including any improvements thereto, 

20 shall revert, at the option of the Secretary, to and become 

21 the property of the United States, and the United States 

22 shall have the right of immediate entry onto such land. A 

23 determination by the Secretary under this subsection shall 

24 be made on the record after an opportunity for a hearing. 

25 (f) PAYMENT OF COSTS OF CONVEYANCE.— 


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1 (1) PAYMENT REQUIRED.—The Secretary of the 

2 Air Force shall require the recipient of real property 

3 under this section to cover all costs to be incurred by 

4 the Secretary, or to reimburse the Secretary for such 

5 costs incurred by the Secretary, to carry out the con6 veyance of that property, including survey costs, costs 

7 for environmental documentation, and any other ad8 ministrative costs related to the conveyance. If 

9 amounts are collected in advance of the Secretary in10 curring the actual costs, and the amount collected ex11 ceeds the costs actually incurred by the Secretary to 

12 carry out the conveyance, the Secretary shall refund 

13 the excess amount to the recipient. 

14 (2) TREATMENT OF AMOUNTS RECEIVED.— 

15 Amounts received under paragraph (1) as reimburse16 ment for costs incurred by the Secretary to carry out 

17 a conveyance under this section shall be credited and 

18 made available to the Secretary as provided in section 

19 2695(c) of title 10, United States Code. 

20 (g) CONVEYANCE AGREEMENT.—The conveyance of 

21 property under this section shall be accomplished using a 

22 quit claim deed or other legal instrument and upon terms 

23 and conditions mutually satisfactory to the Secretary of the 

24 Air Force and the recipient of the property, including such 


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1 additional terms and conditions as the Secretary considers 

2 appropriate to protect the interests of the United States. 

3 SEC. 2832. LAND CONVEYANCE, CAMPION AIR FORCE RADAR 

4 STATION, GALENA, ALASKA. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

6 Air Force may convey, without consideration, to the Town 

7 of Galena, Alaska (in this section referred to as the 

8 ‘‘Town’’), all right, title, and interest of the United States 

9 in and to public land, including improvements thereon, at 

10 the former Campion Air Force Station, Alaska, as further 

11 described in subsection (b), for the purpose of permitting 

12 the Town to use the conveyed property for public purposes. 

13 The conveyance under this subsection is subject to valid ex14 isting rights. 

15 (b) DESCRIPTION OF PROPERTY.—The land to be con16 veyed under subsection (a) consists of up to approximately 

17 1,300 acres of the remaining land withdrawn under Public 

18 Land Order No. 843 of June 24, 1952, and Public Land 

19 Order No. 1405 of April 4, 1957, for use by the Secretary 

20 of the Air Force as the former Campion Air Force Station. 

21 The portions of the former Air Force Station that are not 

22 authorized to be conveyed under subsection (a) are those 

23 portions that are subject to environmental land use restric24 tions or are currently undergoing environmental remedi25 ation by the Secretary of the Air Force. 


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1 (c) MAP AND LEGAL DESCRIPTION.—As soon as prac2 ticable after the date of enactment of this Act, the Secretary 

3 of the Air Force, in consultation with the Secretary of the 

4 Interior, shall finalize a map and the legal description of 

5 the land to be conveyed under subsection (a). The Secretary 

6 of the Air Force may correct any minor errors in the map 

7 or the legal description. The map and legal description shall 

8 be on file and available for public inspection in the appro9 priate offices of the Bureau of Land Management. 

10 (d) REVERSIONARY INTEREST.—If the Secretary of the 

11 Air Force determines at any time that the land conveyed 

12 under subsection (a) is not being used in accordance with 

13 the purposes of the conveyance specified in such subsection, 

14 all right, title, and interest in and to the land, including 

15 any improvements thereto, shall revert, at the option of the 

16 Secretary, to and become the property of the United States, 

17 and the United States shall have the right of immediate 

18 entry onto such land. A determination by the Secretary 

19 under this subsection shall be made on the record after an 

20 opportunity for a hearing. 

21 (e) CONVEYANCE AGREEMENT.—The conveyance of 

22 land under this section shall be accomplished using a quit 

23 claim deed or other legal instrument and upon terms and 

24 conditions mutually satisfactory to the Secretary of the Air 

25 Force, after consulting with the Secretary of the Interior, 


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1 and the Town, including such additional terms and condi2 tions as the Secretary of the Air Force, after consulting with 

3 the Secretary of the Interior, considers appropriate to pro4 tect the interests of the United States. 

5 (f) PAYMENT OF COSTS OF CONVEYANCE.— 

6 (1) PAYMENT REQUIRED.—The Secretary of the 

7 Air Force shall require the Town to cover all costs 

8 (except costs for environmental remediation of the 

9 property) to be incurred by the Secretary of the Air 

10 Force and by the Secretary of the Interior, or to reim11 burse the appropriate Secretary for such costs in12 curred by the Secretary, to carry out the conveyance 

13 under this section, including survey costs, costs for en14 vironmental documentation, and any other adminis15 trative costs related to the conveyance. If amounts are 

16 collected in advance of the Secretary incurring the ac17 tual costs, and the amount collected exceeds the costs 

18 actually incurred by the Secretary to carry out the 

19 conveyance, the appropriate Secretary shall refund 

20 the excess amount to the Town. 

21 (2) TREATMENT OF AMOUNTS RECEIVED.— 

22 Amounts received under paragraph (1) as reimburse23 ment for costs incurred by the Secretary of the Air 

24 Force or by the Secretary of the Interior to carry out 

25 the conveyance under subsection (a) shall be credited 


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1 to the fund or account that was used to cover the costs 

2 incurred by the appropriate Secretary in carrying 

3 out the conveyance. Amounts so credited shall be 

4 merged with amounts in such fund or account and 

5 shall be available for the same purposes, and subject 

6 to the same conditions and limitations, as amounts in 

7 such fund or account. 

8 (g) SUPERSEDENCE OF PUBLIC LAND ORDERS.—Pub9 lic Land Order Nos. 843 and 1405 are hereby superseded, 

10 but only insofar as the orders affect the lands conveyed to 

11 the Town under subsection (a). 

12 SEC. 2833. EXCHANGE OF PROPERTY INTERESTS, SAN 

13 DIEGO UNIFIED PORT DISTRICT, CALIFORNIA. 

14 (a) EXCHANGE OF PROPERTY INTERESTS AUTHOR15 IZED.— 

16 (1) INTERESTS TO BE CONVEYED.—The Sec17 retary of the Navy (hereafter referred to as the ‘‘Sec18 retary’’) may convey to the San Diego Unified Port 

19 District (hereafter referred to as the ‘‘District’’) all 

20 right, title, and interest of the United States in and 

21 to a parcel of real property, including any improve22 ments thereon and, without limitation, any leasehold 

23 interests of the United States therein, consisting of 

24 approximately 0.33 acres and identified as Parcel No. 

25 4 on District Drawing No. 018–107 (April 2013). 


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1 This parcel contains 48 parking spaces central to the 

2 mission conducted on the site of the Navy’s leasehold 

3 interest at 1220 Pacific Highway, San Diego, Cali4 fornia. 

5 (2) INTERESTS TO BE ACQUIRED.—In exchange 

6 for the property interests described in paragraph (1), 

7 the Secretary may accept from the District property 

8 interests of equal value and similar utility, as deter9 mined by the Secretary, located within immediate 

10 proximity to the property described in paragraph (1), 

11 that provide the rights to an equivalent number of 

12 parking spaces of equal value (subject to subsection 

13 (c)(1)). 

14 (b) ENCUMBRANCES.— 

15 (1) NO ACCEPTANCE OF PROPERTY WITH ENCUM16 BRANCES PRECLUDING USE AS PARKING SPACES.—In 

17 an exchange of property interests under subsection 

18 (a), the Secretary may not accept any property under 

19 subsection (a)(2) unless the property is free of encum20 brances that would preclude the Department of the 

21 Navy from using the property for parking spaces, as 

22 determined under paragraph (2). 

23 (2) DETERMINATION OF FREEDOM FROM ENCUM24 BRANCES.—For purposes of paragraph (1), a prop25 erty shall be considered to be free of encumbrances 


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1 that would preclude the Department of the Navy from 

2 using the property for parking spaces if— 

3 (A) the District guarantees and certifies 

4 that the property is free of such encumbrances 

5 under its own authority to preclude the use of 

6 the property for parking spaces; and 

7 (B) the District obtains guarantees and cer8 tifications from appropriate entities of the State 

9 and units of local government that the property 

10 is free of any such encumbrances that may be in 

11 place pursuant to the Tidelands Trust, the North 

12 Embarcadero Visionary Plan, the Downtown 

13 Community Plan, or any other law, regulation, 

14 plan or document. 

15 (c) EQUALIZATION.— 

16 (1) TRANSFER OF RIGHTS TO ADDITIONAL PARK17 ING SPACES.—If the value of the property interests 

18 described in subsection (a)(1) is greater than the 

19 value of the property interests and rights to parking 

20 spaces described in subsection (a)(2), the values shall 

21 be equalized by the transfer to the Secretary of rights 

22 to additional parking spaces. 

23 (2) NO AUTHORIZATION OF CASH EQUALIZATION

24 PAYMENTS FROM SECRETARY.—If the value of the 

25 property interests and parking rights described in 


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1 subsection (a)(2) are greater than the value of the 

2 property interests described in subsection (a)(1), the 

3 Secretary may not make a cash equalization payment 

4 to equalize the values. 

5 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

6 (1) PAYMENT REQUIRED.—The Secretary shall 

7 require the District to cover all costs to be incurred 

8 by the Secretary, or to reimburse the Secretary for 

9 such costs incurred by the Secretary, to carry out the 

10 exchange of property interests under this section, in11 cluding survey costs, costs related to environmental 

12 documentation, real estate due diligence such as ap13 praisals and any other administrative costs related to 

14 the exchange of property interests. If amounts are col15 lected from the District in advance of the Secretary 

16 incurring the actual costs and the amount collected 

17 exceeds the costs actually incurred by the Secretary to 

18 carry out the exchange of property interests, the Sec19 retary shall refund the excess amount to the District. 

20 (2) TREATMENT OF AMOUNTS RECEIVED.— 

21 Amounts received as reimbursement under paragraph 

22 (1) shall be credited to the fund or account that was 

23 used to cover those costs incurred by the Secretary in 

24 carrying out the exchange of property interests. 

25 Amounts so credited shall be merged with amounts in 


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1 such fund or account and shall be available for the 

2 same purposes, and subject to the same conditions 

3 and limitations, as amounts in such fund or account. 

4 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the property interests to be ex6 changed under this section shall be determined by surveys 

7 satisfactory to the Secretary. 

8 (f) CONVEYANCE AGREEMENT.—The exchange of prop9 erty interests under this section shall be accomplished using 

10 a lease, lease amendment, or other legal instrument and 

11 upon terms and conditions mutually satisfactory to the Sec12 retary and the District, including such additional terms 

13 and conditions as the Secretary considers appropriate to 

14 protect the interests of the United States. 

15 SEC. 2834. RELEASE OF PROPERTY INTERESTS RETAINED 

16 IN CONNECTION WITH LAND CONVEYANCE, 

17 EGLIN AIR FORCE BASE, FLORIDA. 

18 (a) RELEASE OF EXCEPTIONS, LIMITATIONS, AND

19 CONDITIONS IN DEEDS.—With respect to approximately 

20 126 acres of real property in Okaloosa County, Florida, 

21 more particularly described in subsection (b), which were 

22 conveyed by the United States to the Air Force Enlisted 

23 Mens’ Widows and Dependents Home Foundation, Incor24 porated (‘‘Air Force Enlisted Village’’), the Secretary of the 

25 Air Force may release any and all exceptions, limitations, 


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1 and conditions specified by the United States in the deeds 

2 conveying such real property. 

3 (b) PROPERTY DESCRIBED.—The real property subject 

4 to subsection (a) was part of Eglin Air Force, Florida, and 

5 consists of all parcels conveyed in exchange for fair market 

6 value cash payment by the Air Force Enlisted Village pur7 suant to section 809(c) of the Military Construction Author8 ization Act, 1979 (Public Law 95–356; 92 Stat. 587), as 

9 amended by section 2826 of the Military Construction Au10 thorization Act, 1989 (Public Law 100–456; 102 Stat. 

11 2123) and section 2861 of the Military Construction Au12 thorization Act for Fiscal Year 1999 (Public Law 105–261; 

13 112 Stat. 2223). 

14 (c) INSTRUMENT OF RELEASE AND DESCRIPTION OF

15 PROPERTY.—The Secretary may execute and record in the 

16 appropriate office a deed of release, amended deed, or other 

17 appropriate instrument reflecting the release of exceptions, 

18 limitations, and conditions under subsection (a). 

19 (d) PAYMENT OF ADMINISTRATIVE COSTS.— 

20 (1) PAYMENT REQUIRED.—The Secretary may 

21 require the Air Force Enlisted Village to pay for any 

22 costs to be incurred by the Secretary, or to reimburse 

23 the Secretary for costs incurred by the Secretary, to 

24 carry out the release under subsection (a), including 

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1 mentation, and other administrative costs related to 

2 the release. If amounts paid to the Secretary in ad3 vance exceed the costs actually incurred by the Sec4 retary to carry out the release, the Secretary shall re5 fund the excess amount to the Air Force Enlisted Vil6 lage. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received under paragraph (1) as reimburse9 ment for costs incurred by the Secretary to carry out 

10 the release under subsection (a) shall be credited and 

11 made available to the Secretary as provided in section 

12 2695(c) of title 10, United States Code. 

13 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions 

15 in connection with the release of exceptions, limitations, 

16 and conditions under subsection (a) as the Secretary con17 siders appropriate to protect the interests of the United 

18 States. 

19 SEC. 2835. LAND EXCHANGE, FORT HOOD, TEXAS. 

20 (a) EXCHANGE AUTHORIZED.—The Secretary of the 

21 Army may convey to the City of Copperas Cove, Texas (in 

22 this section referred to as the ‘‘City’’), all right, title, and 

23 interest of the United States in and to a parcel of real prop24 erty, including any improvements thereon, consisting of ap25 proximately 437 acres at Fort Hood, Texas, for the purpose 


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1 of permitting the City to improve arterial transportation 

2 routes in the vicinity of Fort Hood and to promote eco3 nomic development in the area of the City and Fort Hood. 

4 (b) CONSIDERATION.—As consideration for the convey5 ance under subsection (a), the City shall convey to the Sec6 retary of the Army all right, title, and interest of the City 

7 in and to one or more parcels of real property that are 

8 acceptable to the Secretary. The fair market value of the 

9 real property acquired by the Secretary under this sub10 section shall be at least equal to the fair market value of 

11 the real property conveyed under subsection (a), as deter12 mined by appraisals acceptable to the Secretary. 

13 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the real property to be exchanged 

15 under this section shall be determined by surveys satisfac16 tory to the Secretary of the Army. 

17 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

18 (1) PAYMENT REQUIRED.—The Secretary of the 

19 Army shall require the City to cover costs to be in20 curred by the Secretary, or to reimburse the Secretary 

21 for costs incurred by the Secretary, to carry out the 

22 conveyances under this section, including survey costs 

23 related to the conveyances. If amounts are collected 

24 from the City in advance of the Secretary incurring 

25 the actual costs, and the amount collected exceeds the 


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1 costs actually incurred by the Secretary to carry out 

2 the conveyances, the Secretary shall refund the excess 

3 amount to the City. 

4 (2) TREATMENT OF AMOUNTS RECEIVED.— 

5 Amounts received under paragraph (1) as reimburse6 ment for costs incurred by the Secretary to carry out 

7 the conveyances under this section shall be credited to 

8 the fund or account that was used to cover the costs 

9 incurred by the Secretary in carrying out the convey10 ances. Amounts so credited shall be merged with 

11 amounts in such fund or account and shall be avail12 able for the same purposes, and subject to the same 

13 conditions and limitations, as amounts in such fund 

14 or account. 

15 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec16 retary of the Army may require such additional terms and 

17 conditions in connection with the conveyances under this 

18 section as the Secretary considers appropriate to protect the 

19 interests of the United States. 

20 SEC. 2836. LAND CONVEYANCE, P-36 WAREHOUSE, COLBERN 

21 UNITED STATES ARMY RESERVE CENTER, LA22 REDO, TEXAS. 

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

24 Army (in this section referred to as the ‘‘Secretary’’) may 

25 convey, without consideration, to the Laredo Community 


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1 College (in this section referred to as the ‘‘LCC’’) all right, 

2 title, and interest of the United States in and to the ap3 proximately 725 sq. ft. Historic Building, P-36 Warehouse, 

4 including any improvements thereon, at Colbern United 

5 States Army Reserve Center, Laredo, TX, for the purposes 

6 of educational use and historic preservation. 

7 (b) PAYMENT OF COSTS OF CONVEYANCE.— 

8 (1) PAYMENT REQUIRED.—The Secretary shall 

9 require the LCC to cover costs (except costs for envi10 ronmental remediation of the property) to be incurred 

11 by the Secretary, or to reimburse the Secretary for 

12 such costs incurred by the Secretary, to carry out the 

13 conveyance under subsection (a), including survey 

14 costs, costs for environmental documentation, and any 

15 other administrative costs related to the conveyance. 

16 If amounts are collected from the LCC in advance of 

17 the Secretary incurring the actual costs, and the 

18 amount collected exceeds the costs actually incurred 

19 by the Secretary to carry out the conveyance, the Sec20 retary shall refund the excess amount to the LCC. 

21 (2) TREATMENT OF AMOUNTS RECEIVED.— 

22 Amounts received as reimbursement under paragraph 

23 (1) shall be credited to the fund or account that was 

24 used to cover those costs incurred by the Secretary in 

25 carrying out the conveyance. Amounts so credited 


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1 shall be merged with amounts in such fund or ac2 count, and shall be available for the same purposes, 

3 and subject to the same conditions and limitations, as 

4 amounts in such fund or account 

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of the property to be conveyed under 

7 subsection (a) shall be determined by a survey satisfactory 

8 to the Secretary. 

9 (d) REVERSIONARY INTEREST.— 

10 (1) REVERSION.—If the Secretary determines at 

11 any time that the property conveyed under subsection 

12 (a) is not being used in accordance with the purpose 

13 of the conveyance specified in subsection (a), all right, 

14 title, and interest in and to such property, including 

15 any improvements thereto, shall, at the option of the 

16 Secretary, revert to and become the property of the 

17 United States, and the United States shall have the 

18 right of immediate entry onto such property. A deter19 mination by the Secretary under this paragraph shall 

20 be made on the record after an opportunity for a 

21 hearing. 

22 (2) PAYMENT OF CONSIDERATION IN LIEU OF RE23 VERSION.—In lieu of exercising the right of reversion 

24 retained under paragraph (1) with respect to the 

25 property conveyed under subsection (a), the Secretary 


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1 may require the LCC to pay to the United States an 

2 amount equal to the fair market value of the property 

3 conveyed, as determined by the Secretary. 

4 (3) TREATMENT OF CASH CONSIDERATION.—Any 

5 cash payment received by the United States under 

6 paragraph (2) shall be deposited in the special ac7 count in the Treasury established under subsection (b) 

8 of section 572 of title 40, United States Code, and 

9 shall be available in accordance with paragraph 

10 (5)(B) of such subsection. 

11 (e) ADDITIONAL TERMS.—The Secretary may require 

12 such additional terms and conditions in connection with 

13 the conveyance under subsection (a) as the Secretary con14 siders appropriate to protect the interests of the United 

15 States. 

16 (f) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

17 Nothing in this section shall be construed to affect or limit 

18 the application of, or any obligation to comply with, any 

19 environmental law, including the Comprehensive Environ20 mental Response, Compensation, and Liability Act of 1980 

21 (42 U.S.C. 9601). 

22 SEC. 2837. LAND CONVEYANCE, ST. GEORGE NATIONAL 

23 GUARD ARMORY, ST. GEORGE, UTAH. 

24 (a) LAND CONVEYANCE AUTHORIZED.—The Secretary 

25 of the Interior may convey, without consideration, to the 


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1 State of Utah all right, title, and interest of the United 

2 States in and to a parcel of public land in St. George, Utah, 

3 comprising approximately 70 acres, as described in Public 

4 Land Order 6840 published in the Federal Register on 

5 March 29, 1991 (56 Fed. Reg. 13081), and containing the 

6 St. George National Guard Armory for the purpose of per7 mitting the Utah National Guard to use the conveyed land 

8 for military purposes. 

9 (b) TERMINATION OF PRIOR ADMINISTRATIVE AC10 TION.—The Public Land Order described in subsection (a), 

11 which provided for a 20-year withdrawal of the public land 

12 described in the Public Land Order, is withdrawn upon 

13 conveyance of the land under this section. 

14 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

15 and legal description of the property to be conveyed under 

16 this section shall be determined by a survey satisfactory to 

17 the Secretary of the Interior. 

18 (d) CONVEYANCE AGREEMENT.—The conveyance under 

19 this section shall be accomplished using a quit claim deed 

20 or other legal instrument and upon terms and conditions 

21 mutually satisfactory to the Secretary of the Interior and 

22 the State of Utah, including such additional terms and con23 ditions as the Secretary considers appropriate to protect the 

24 interests of the United States. 


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1 SEC. 2838. RELEASE OF RESTRICTIONS, RICHLAND INNOVA2 TION CENTER, RICHLAND, WASHINGTON. 

3 (a) RELEASE AUTHORIZED.—The Secretary of Trans4 portation, acting through the Maritime Administrator and 

5 in consultation with the Administrator of General Services, 

6 may, upon receipt of full consideration as provided in sub7 section (b), release all remaining right, title, and interest 

8 of the United States in and to a parcel of real property, 

9 including any improvements thereon, in Richland, Wash10 ington, consisting as of the date of the enactment of this 

11 Act of approximately 71.5 acres and containing personal 

12 and real property, to the Port of Benton (hereafter in this 

13 section referred to as the ‘‘Port’’). 

14 (b) CONSIDERATION.— 

15 (1) CONSIDERATION REQUIRED.—As consider16 ation for the release under subsection (a), the Port 

17 shall provide an amount that is acceptable to the Sec18 retary of Transportation, whether by cash payment, 

19 in-kind consideration as described under paragraph 

20 (2), or a combination thereof, at such time as the Sec21 retary may require. The Secretary may determine the 

22 level of acceptable consideration under this paragraph 

23 on the basis of the value of the restrictions released 

24 under subsection (a), but only if the value of such re25 strictions is determined without regard to any im26 provements made by the Port. 


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1 (2) IN-KIND CONSIDERATION.—In-kind consider2 ation provided by the Port under paragraph (1) may 

3 include the acquisition, construction, provision, im4 provement, maintenance, repair, or restoration (in5 cluding environmental restoration), or combination 

6 thereof, of any facility or infrastructure under the ju7 risdiction of any office of the Federal government. 

8 (3) TREATMENT OF CONSIDERATION RE9 CEIVED.—Consideration in the form of cash payment 

10 received by the Secretary under paragraph (1) shall 

11 be deposited in the separate fund in the Treasury de12 scribed in section 572(a)(1) of title 40, United States 

13 Code. 

14 (c) PAYMENT OF COST OF RELEASE.— 

15 (1) PAYMENT REQUIRED.—The Secretary of 

16 Transportation shall require the Port to cover costs to 

17 be incurred by the Secretary, or to reimburse the Sec18 retary for such costs incurred by the Secretary, to 

19 carry out the release under subsection (a), including 

20 survey costs, costs for environmental documentation 

21 related to the release, and any other administrative 

22 costs related to the release. If amounts are collected 

23 from the Port in advance of the Secretary incurring 

24 the actual costs, and the amount collected exceeds the 

25 costs actually incurred by the Secretary to carry out 


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1 the release, the Secretary shall refund the excess 

2 amount to the Port. 

3 (2) TREATMENT OF AMOUNTS RECEIVED.— 

4 Amounts received as reimbursement under paragraph 

5 (1) shall be credited to the fund or account that was 

6 used to cover the costs incurred by the Secretary in 

7 carrying out the release under subsection (a) or, if the 

8 period of availability of obligations for that appro9 priation has expired, to the appropriations of fund 

10 that is currently available to the Secretary for the 

11 same purpose. Amounts so credited shall be merged 

12 with amounts in such fund or account and shall be 

13 available for the same purposes, and subject to the 

14 same conditions and limitations, as amounts in such 

15 fund or account. 

16 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

17 and legal description of the real property which is the sub18 ject of the release under subsection (a) shall be determined 

19 by a survey satisfactory to the Secretary of Transportation. 

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary of Transportation may require such additional terms 

22 and conditions in connection with the release under sub23 section (a) as the Secretary, in consultation with the Ad24 ministrator of General Services, considers appropriate to 

25 protect the interests of the United States. 


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1 Subtitle E—Military Land 

2 Withdrawals 

3 SEC. 2841. BUREAU OF LAND MANAGEMENT WITHDRAWN 

4 MILITARY LANDS UNDER MILITARY LANDS 

5 WITHDRAWAL ACT OF 1999. 

6 (a) ELIMINATION OF TERMINATION DATE AND AU7 THORIZATION FOR TRANSFER OF ADMINISTRATIVE JURIS8 DICTION.—Subsection (a) of section 3015 of the Military 

9 Lands Withdrawal Act of 1999 (title XXX of Public Law 

10 106–65; 113 Stat. 892) is amended to read as follows: 

11 ‘‘(a) PERMANENT WITHDRAWAL AND RESERVATION; 

12 EFFECT OF TRANSFER ON WITHDRAWAL.—The withdrawal 

13 and reservation of lands by section 3011 shall terminate 

14 only as follows: 

15 ‘‘(1) Upon an election by the Secretary of the 

16 military department concerned to relinquish any or 

17 all of the land withdrawn and reserved by section 

18 3011. 

19 ‘‘(2) Upon a transfer by the Secretary of the In20 terior, under section 3016 and upon request by the 

21 Secretary of the military department concerned, of 

22 administrative jurisdiction over the land to the Sec23 retary of the military department concerned. Such a 

24 transfer may consist of a portion of the land, in 

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1 ervation applies only with respect to the land so 

2 transferred.’’. 

3 (b) TRANSFER PROCESS AND MANAGEMENT AND USE

4 OF LANDS.—The Military Lands Withdrawal Act of 1999 

5 (title XXX of Public Law 106–65) is further amended— 

6 (1) by redesignating sections 3022 and 3023 as 

7 sections 3027 and 3028, respectively; and 

8 (2) by striking sections 3016 through 3021 and 

9 inserting the following new sections: 

10 ‘‘SEC. 3016. TRANSFER PROCESS. 

11 ‘‘(a) TRANSFER AUTHORIZED.—The Secretary of the 

12 Interior shall, upon the request of the Secretary concerned, 

13 transfer to the Secretary concerned administrative jurisdic14 tion over the land withdrawn and reserved by section 3011, 

15 or a portion of the land as the Secretary concerned may 

16 request. 

17 ‘‘(b) VALID EXISTING RIGHTS.—The transfer of ad18 ministrative jurisdiction under subsection (a) shall be sub19 ject to any valid existing rights. 

20 ‘‘(c) TIME FOR CONVEYANCE.—The transfer of admin21 istrative jurisdiction under subsection (a) shall occur pur22 suant to a schedule agreed upon by the Secretary of the 

23 Interior and the Secretary concerned. 

24 ‘‘(d) MAP AND LEGAL DESCRIPTION.— 


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1 ‘‘(1) PREPARATION AND PUBLICATION.—The Sec2 retary of the Interior shall publish in the Federal 

3 Register a legal description of the public land to be 

4 transferred under subsection (a). 

5 ‘‘(2) SUBMISSION TO CONGRESS.—The Secretary 

6 of the Interior shall file with the Committee on En7 ergy and Natural Resources of the Senate and the 

8 Committee on Natural Resources of the House of Rep9 resentatives— 

10 ‘‘(A) a copy of the legal description pre11 pared under paragraph (1); and 

12 ‘‘(B) the map referred to in subsection (a). 

13 ‘‘(3) AVAILABILITY FOR PUBLIC INSPECTION.— 

14 Copies of the legal description and map filed under 

15 paragraph (2) shall be available for public inspection 

16 in the appropriate offices of— 

17 ‘‘(A) the Bureau of Land Management; 

18 ‘‘(B) the commanding officer of the installa19 tion; and 

20 ‘‘(C) the Secretary concerned. 

21 ‘‘(4) FORCE OF LAW.—The legal description and 

22 map filed under paragraph (2) shall have the same 

23 force and effect as if included in this Act, except that 

24 the Secretary of the Interior may correct clerical and 

25 typographical errors in the legal description or map. 


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1 ‘‘(5) REIMBURSEMENT OF COSTS.—Any transfer 

2 entered into pursuant to subsection (a) shall be made 

3 without reimbursement, except that the Secretary con4 cerned shall reimburse the Secretary of the Interior 

5 for any costs incurred by the Secretary of the Interior 

6 to prepare the legal description and map under this 

7 subsection. 

8 ‘‘SEC. 3017. ADMINISTRATION OF TRANSFERRED LAND. 

9 ‘‘(a) TREATMENT AND USE OF TRANSFERRED LAND.— 

10 Upon the transfer of administrative jurisdiction of land 

11 under section 3016— 

12 ‘‘(1) the land shall be treated as property (as de13 fined in section 102(9) of title 40, United States 

14 Code) under the administrative jurisdiction of the 

15 Secretary concerned; and 

16 ‘‘(2) the Secretary concerned shall administer the 

17 land for military purposes. 

18 ‘‘(b) WITHDRAWAL OF MINERAL ESTATE.—Subject to 

19 valid existing rights, land for which the administrative ju20 risdiction is transferred under section 3016 is withdrawn 

21 from all forms of appropriation under the public land laws, 

22 including the mining laws, the mineral leasing laws, and 

23 the geothermal leasing laws, for as long as the land is under 

24 the administrative jurisdiction of the Secretary concerned. 


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1 ‘‘(c) INTEGRATED NATURAL RESOURCES MANAGE2 MENT PLAN.—Not later than one year after the transfer of 

3 land under section 3016, the Secretary concerned, in co4 operation with the Secretary of the Interior, shall prepare 

5 an integrated natural resources management plan pursuant 

6 to the Sikes Act (16 U.S.C. 670a et seq.) for the transferred 

7 land. 

8 ‘‘(d) RELATION TO GENERAL PROVISIONS.—Sections 

9 3018 through 3026 do not apply to lands transferred under 

10 section 3016 or to the management of such land. 

11 ‘‘(e) TRANSFERS BETWEEN ARMED FORCES.—Nothing 

12 in this subtitle shall be construed as limiting the authority 

13 to transfer administrative jurisdiction over the land trans14 ferred under section 3016 to another armed force pursuant 

15 to section 2696 of title 10, United States Code, and the pro16 visions of this section shall continue to apply to any such 

17 lands. 

18 ‘‘SEC. 3018. GENERAL APPLICABILITY; DEFINITIONS. 

19 ‘‘(a) APPLICABILITY.—Sections 3014 through 3028 

20 apply to the lands withdrawn and reserved by section 3011 

21 except— 

22 ‘‘(1) to the B-16 Range referred to in section 

23 3011(a)(3)(A), for which only section 3019 applies; 


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1 ‘‘(2) to the ‘Shoal Site’ referred to in section 

2 3011(a)(3)(B), for which sections 3014 through 3028 

3 apply only to the surface estate; 

4 ‘‘(3) to the ‘Pahute Mesa’ area referred to in sec5 tion 3011(b)(2); and 

6 ‘‘(4) to the Desert National Wildlife Refuge re7 ferred to in section 3011(b)(5)— 

8 ‘‘(A) except for section 3024(b); and 

9 ‘‘(B) for which sections 3014 through 3028 

10 shall only apply to the authorities and respon11 sibilities of the Secretary of the Air Force under 

12 section 3011(b)(5). 

13 ‘‘(b) RULES OF CONSTRUCTION.—Nothing in this sub14 title assigns management of real property under the admin15 istrative jurisdiction of the Secretary concerned to the Sec16 retary of the Interior. 

17 ‘‘(c) DEFINITIONS.—In this subtitle: 

18 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has 

19 the meaning given the term in section 102 of the Fed20 erally Recognized Indian Tribe List Act of 1994 (25 

21 U.S.C. 479a). 

22 ‘‘(2) MANAGE; MANAGEMENT.— 

23 ‘‘(A) INCLUSIONS.—The terms ‘manage’ and 

24 ‘management’ include the authority to exercise 


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1 jurisdiction, custody, and control over the lands 

2 withdrawn and reserved by section 3011. 

3 ‘‘(B) EXCLUSIONS.—Such terms do not in4 clude authority for disposal of the lands with5 drawn and reserved by section 3011. 

6 ‘‘(3) SECRETARY CONCERNED.—The term ‘Sec7 retary concerned’ has the meaning given the term in 

8 section 101(a) of title 10, United States Code. 

9 ‘‘SEC. 3019. ACCESS RESTRICTIONS. 

10 ‘‘(a) AUTHORITY TO IMPOSE RESTRICTIONS.—If the 

11 Secretary concerned determines that military operations, 

12 public safety, or national security require the closure to the 

13 public of any road, trail, or other portion of land with14 drawn and reserved by section 3011, the Secretary may take 

15 such action as the Secretary determines to be necessary to 

16 implement and maintain the closure. 

17 ‘‘(b) LIMITATION.—Any closure under subsection (a) 

18 shall be limited to the minimum area and duration that 

19 the Secretary concerned determines are required for the pur20 poses of the closure. 

21 ‘‘(c) CONSULTATION REQUIRED.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (3), be23 fore a closure is implemented under this section, the 

24 Secretary concerned shall consult with the Secretary 

25 of the Interior. 


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1 ‘‘(2) INDIAN TRIBE.—Subject to paragraph (3), 

2 if a closure proposed under this section may affect ac3 cess to or use of sacred sites or resources considered 

4 to be important by an Indian tribe, the Secretary 

5 concerned shall consult, at the earliest practicable 

6 date, with the affected Indian tribe. 

7 ‘‘(3) LIMITATION.—No consultation shall be re8 quired under paragraph (1) or (2)— 

9 ‘‘(A) if the closure is provided for in an in10 tegrated natural resources management plan, an 

11 installation cultural resources management plan, 

12 or a land use management plan; or 

13 ‘‘(B) in the case of an emergency, as deter14 mined by the Secretary concerned. 

15 ‘‘(d) NOTICE.—Immediately preceding and during 

16 any closure implemented under subsection (a), the Sec17 retary concerned shall post appropriate warning notices 

18 and take other appropriate actions to notify the public of 

19 the closure. 

20 ‘‘SEC. 3020. CHANGES IN USE. 

21 ‘‘(a) OTHER USES AUTHORIZED.—In addition to the 

22 purposes described in section 3011, the Secretary concerned 

23 may authorize the use of land withdrawn and reserved by 

24 section 3011 for defense-related purposes. 

25 ‘‘(b) NOTICE TO SECRETARY OF THE INTERIOR.— 


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1 ‘‘(1) IN GENERAL.—The Secretary concerned 

2 shall promptly notify the Secretary of the Interior if 

3 the land withdrawn and reserved by section 3011 is 

4 used for additional defense-related purposes. 

5 ‘‘(2) REQUIREMENTS.—A notification under 

6 paragraph (1) shall specify— 

7 ‘‘(A) each additional use; 

8 ‘‘(B) the planned duration of each addi9 tional use; and 

10 ‘‘(C) the extent to which each additional use 

11 would require that additional or more stringent 

12 conditions or restrictions be imposed on other13 wise-permitted nondefense-related uses of the 

14 withdrawn and reserved land or portions of 

15 withdrawn and reserved land. 

16 ‘‘SEC. 3021. BRUSH AND RANGE FIRE PREVENTION AND 

17 SUPPRESSION. 

18 ‘‘(a) REQUIRED ACTIVITIES.—Consistent with any ap19 plicable land management plan, the Secretary concerned 

20 shall take necessary precautions to prevent, and actions to 

21 suppress, brush and range fires occurring as a result of 

22 military activities on the land withdrawn and reserved by 

23 section 3011, including fires that occur on other land that 

24 spread from the withdrawn and reserved land. 


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1 ‘‘(b) COOPERATION OF SECRETARY OF THE INTE2 RIOR.— 

3 ‘‘(1) IN GENERAL.—At the request of the Sec4 retary concerned, the Secretary of the Interior shall 

5 provide assistance in the suppression of fires under 

6 subsection (a). The Secretary concerned shall reim7 burse the Secretary of the Interior for the costs in8 curred by the Secretary of the Interior in providing 

9 such assistance. 

10 ‘‘(2) TRANSFER OF FUNDS.—Notwithstanding 

11 section 2215 of title 10, United States Code, the Sec12 retary concerned may transfer to the Secretary of the 

13 Interior, in advance, funds to be used to reimburse the 

14 costs of the Department of the Interior in providing 

15 assistance under this subsection. 

16 ‘‘SEC. 3022. ONGOING DECONTAMINATION. 

17 ‘‘(a) PROGRAM OF DECONTAMINATION REQUIRED.— 

18 During the period of a withdrawal and reservation of land 

19 by section 3011, the Secretary concerned shall maintain, 

20 to the extent funds are available to carry out this subsection, 

21 a program of decontamination of contamination caused by 

22 defense-related uses on the withdrawn land. The decon23 tamination program shall be carried out consistent with 

24 applicable Federal and State law. 


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1 ‘‘(b) ANNUAL REPORT.—The Secretary of Defense shall 

2 include in the annual report required by section 2711 of 

3 title 10, United States Code, a description of decontamina4 tion activities conducted under subsection (a). 

5 ‘‘SEC. 3023. WATER RIGHTS. 

6 ‘‘(a) NO RESERVATION OF WATER RIGHTS.—Nothing 

7 in this subtitle— 

8 ‘‘(1) establishes a reservation in favor of the 

9 United States with respect to any water or water 

10 right on the land withdrawn and reserved by section 

11 3011; or 

12 ‘‘(2) authorizes the appropriation of water on the 

13 land withdrawn and reserved by section 3011, except 

14 in accordance with applicable State law. 

15 ‘‘(b) EFFECT ON PREVIOUSLY ACQUIRED OR RE16 SERVED WATER RIGHTS.— 

17 ‘‘(1) IN GENERAL.—Nothing in this section af18 fects any water rights acquired or reserved by the 

19 United States before October 5, 1999, on the land 

20 withdrawn and reserved by section 3011. 

21 ‘‘(2) AUTHORITY OF SECRETARY CONCERNED.— 

22 The Secretary concerned may exercise any water 

23 rights described in paragraph (1). 


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1 ‘‘SEC. 3024. HUNTING, FISHING, AND TRAPPING. 

2 ‘‘(a) IN GENERAL.—Section 2671 of title 10, United 

3 States Code, shall apply to all hunting, fishing, and trap4 ping on the land— 

5 ‘‘(1) that is withdrawn and reserved by section 

6 3011; and 

7 ‘‘(2) for which management of the land has been 

8 assigned to the Secretary concerned. 

9 ‘‘(b) DESERT NATIONAL WILDLIFE REFUGE.—Hunt10 ing, fishing, and trapping within the Desert National Wild11 life Refuge shall be conducted in accordance with the Na12 tional Wildlife Refuge System Administration Act of 1966 

13 (16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife 

14 Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws 

15 applicable to the National Wildlife Refuge System. 

16 ‘‘SEC. 3025. RELINQUISHMENT. 

17 ‘‘(a) NOTICE OF INTENTION TO RELINQUISH.—If, dur18 ing the period of withdrawal and reservation made by sec19 tion 3011, the Secretary concerned decides to relinquish any 

20 or all of the land withdrawn and reserved by section 3011, 

21 the Secretary concerned shall submit to the Secretary of the 

22 Interior notice of the intention to relinquish the land. 

23 ‘‘(b) DETERMINATION OF CONTAMINATION.—The Sec24 retary concerned shall include in the notice submitted under 

25 subsection (a) a written determination concerning whether 

26 and to what extent the land that is to be relinquished is 


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1 contaminated with explosive materials or toxic or haz2 ardous substances. 

3 ‘‘(c) PUBLIC NOTICE.—The Secretary of the Interior 

4 shall publish in the Federal Register the notice of intention 

5 to relinquish the land under this section, including the de6 termination concerning the contaminated state of the land. 

7 ‘‘(d) DECONTAMINATION OF LAND TO BE RELIN8 QUISHED.— 

9 ‘‘(1) DECONTAMINATION REQUIRED.—The Sec10 retary concerned shall decontaminate land subject to 

11 a notice of intention under subsection (a) to the ex12 tent that funds are appropriated for that purpose, 

13 if— 

14 ‘‘(A) the land subject to the notice of inten15 tion is contaminated, as determined by the Sec16 retary concerned; and 

17 ‘‘(B) the Secretary of the Interior, in con18 sultation with the Secretary concerned, deter19 mines that— 

20 ‘‘(i) decontamination is practicable 

21 and economically feasible, after taking into 

22 consideration the potential future use and 

23 value of the contaminated land; and 

24 ‘‘(ii) on decontamination of the land, 

25 the land could be opened to operation of 


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1 some or all of the public land laws, includ2 ing the mining laws, the mineral leasing 

3 laws, and the geothermal leasing laws. 

4 ‘‘(2) ALTERNATIVES TO RELINQUISHMENT.—The 

5 Secretary of the Interior shall not be required to ac6 cept the land proposed for relinquishment under sub7 section (a), if— 

8 ‘‘(A) the Secretary of the Interior, after con9 sultation with the Secretary concerned, deter10 mines that— 

11 ‘‘(i) decontamination of the land is not 

12 practicable or economically feasible; or 

13 ‘‘(ii) the land cannot be decontami14 nated sufficiently to be opened to operation 

15 of some or all of the public land laws; or 

16 ‘‘(B) sufficient funds are not appropriated 

17 for the decontamination of the land. 

18 ‘‘(3) STATUS OF CONTAMINATED LAND PROPOSED

19 TO BE RELINQUISHED.—If, because of the contami20 nated state of the land, the Secretary of the Interior 

21 declines to accept land withdrawn and reserved by 

22 section 3011 that has been proposed for relinquish23 ment— 

24 ‘‘(A) the Secretary concerned shall take ap25 propriate steps to warn the public of— 


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1 ‘‘(i) the contaminated state of the land; 

2 and 

3 ‘‘(ii) any risks associated with entry 

4 onto the land; 

5 ‘‘(B) the Secretary concerned shall submit 

6 to the Secretary of the Interior and Congress a 

7 report describing— 

8 ‘‘(i) the status of the land; and 

9 ‘‘(ii) any actions taken under this 

10 paragraph. 

11 ‘‘(e) REVOCATION AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—If the Secretary of the Inte13 rior determines that it is in the public interest to ac14 cept the land proposed for relinquishment under sub15 section (a), the Secretary of the Interior may order 

16 the revocation of a withdrawal and reservation made 

17 by section 3011. 

18 ‘‘(2) REVOCATION ORDER.—To carry out a rev19 ocation under paragraph (1), the Secretary of the In20 terior shall publish in the Federal Register a revoca21 tion order that— 

22 ‘‘(A) terminates the withdrawal and res23 ervation; 

24 ‘‘(B) constitutes official acceptance of the 

25 land by the Secretary of the Interior; and 


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1 ‘‘(C) specifies the date on which the land 

2 will be opened to the operation of some or all of 

3 the public land laws, including the mining laws, 

4 the mineral leasing laws, and the geothermal 

5 leasing laws. 

6 ‘‘(f) ACCEPTANCE BY SECRETARY OF THE INTERIOR.— 

7 ‘‘(1) IN GENERAL.—Nothing in this section re8 quires the Secretary of the Interior to accept the land 

9 proposed for relinquishment if the Secretary deter10 mines that the land is not suitable for return to the 

11 public domain. 

12 ‘‘(2) NOTICE.—If the Secretary makes a deter13 mination that the land is not suitable for return to 

14 the public domain, the Secretary shall provide notice 

15 of the determination to Congress. 

16 ‘‘SEC. 3026. EFFECT OF TERMINATION OF MILITARY USE. 

17 ‘‘(a) NOTICE AND EFFECT.—Upon a determination by 

18 the Secretary concerned that there is no longer a military 

19 need for all or portions of the land for which administrative 

20 jurisdiction was transferred under section 3016, the Sec21 retary concerned shall notify the Secretary of the Interior 

22 of such determination. Subject to subsections (b), (c), and 

23 (d), the Secretary concerned shall transfer administrative 

24 jurisdiction over the land subject to such a notice back to 


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1 the administrative jurisdiction of the Secretary of the Inte2 rior. 

3 ‘‘(b) CONTAMINATION.—Before transmitting a notice 

4 under subsection (a), the Secretary concerned shall prepare 

5 a written determination concerning whether and to what 

6 extent the land to be transferred is contaminated with ex7 plosive materials or toxic or hazardous substances. A copy 

8 of the determination shall be transmitted with the notice. 

9 Copies of the notice and the determination shall be pub10 lished in the Federal Register. 

11 ‘‘(c) DECONTAMINATION.—The Secretary concerned 

12 shall decontaminate any contaminated land that is the sub13 ject of a notice under subsection (a) if— 

14 ‘‘(1) the Secretary of the Interior, in consultation 

15 with the Secretary concerned, determines that— 

16 ‘‘(A) decontamination is practicable and 

17 economically feasible (taking into consideration 

18 the potential future use and value of the land); 

19 and 

20 ‘‘(B) upon decontamination, the land could 

21 be opened to operation of some or all of the pub22 lic land laws, including the mining laws; and 

23 ‘‘(2) funds are appropriated for such decon24 tamination. 


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1 ‘‘(d) NO REQUIRED ACCEPTANCE.—The Secretary of 

2 the Interior is not required to accept land proposed for 

3 transfer under subsection (a) if the Secretary of the Interior 

4 is unable to make the determinations under subsection 

5 (c)(1) or if Congress does not appropriate a sufficient 

6 amount of funds for the decontamination of the land. 

7 ‘‘(e) ALTERNATIVE DISPOSAL.—If the Secretary of the 

8 Interior declines to accept land proposed for transfer under 

9 subsection (a), the Secretary concerned shall dispose of the 

10 land in accordance with property disposal procedures estab11 lished by law.’’. 

12 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

13 (1) CONFORMING AMENDMENTS.—Section 3014 

14 of the Military Lands Withdrawal Act of 1999 (title 

15 XXX of Public Law 106–65; 113 Stat. 890) is amend16 ed by striking subsections (b), (d), and (f). 

17 (2) CLERICAL AMENDMENTS.—The table of sec18 tions at the beginning of the Military Lands With19 drawal Act of 1999 (title XXX of Public Law 106– 

20 65; 113 Stat. 885) is amended by striking the items 

21 relating to sections 3016 through 3023 and inserting 

22 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. 


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‘‘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.’’. 

1 SEC. 2842. PERMANENT WITHDRAWAL OR TRANSFER OF AD2 MINISTRATIVE JURISDICTION OF PUBLIC 

3 LAND, NAVAL AIR WEAPONS STATION CHINA 

4 LAKE, CALIFORNIA. 

5 Section 2979 of the Military Construction Authoriza6 tion Act for Fiscal Year 2014 (division B of Public Law 

7 113–66; 127 Stat. 1044) is amended by striking ‘‘on March 

8 31, 2039.’’ and inserting the following: ‘‘only as follows: 

9 ‘‘(1) If the Secretary of the Navy makes an elec10 tion to terminate the withdrawal and reservation of 

11 the public land. 

12 ‘‘(2) If the Secretary of the Interior, upon request 

13 by the Secretary of the Navy, transfers administrative 

14 jurisdiction over the public land to the Secretary of 

15 the Navy. A transfer under this paragraph may con16 sist of a portion of the land, in which case the termi17 nation of the withdrawal and reservation applies only 

18 with respect to the land so transferred.’’. 


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1 Subtitle F—Military Memorials, 

2 Monuments, and Museums 

3 SEC. 2851. CYBER CENTER FOR EDUCATION AND INNOVA4 TION–HOME OF THE NATIONAL CRYPTOLOGIC 

5 MUSEUM. 

6 (a) AUTHORITY TO ESTABLISH AND OPERATE CEN7 TER.—Chapter 449 of title 10, United States Code, is 

8 amended by adding at the end the following new section: 

9 ‘‘§ 4781. Cyber Center for Education and Innovation– 

10 Home of the National Cryptologic Museum 

11 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense may 

12 establish at a publicly accessible location at Fort George 

13 G. Meade the ‘Cyber Center for Education and Innovation– 

14 Home of the National Cryptologic Museum’ (in this section 

15 referred to as the ‘Center’). The Center may be used for the 

16 identification, curation, storage, and public viewing of ma17 terials relating to the activities of the National Security 

18 Agency, its predecessor or successor organizations, and the 

19 history of cryptology. The Center may contain meeting, con20 ference, and classroom facilities that will be used to support 

21 such education, training, public outreach, and other pur22 poses as the Secretary considers appropriate. 

23 ‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.—The 

24 Secretary may enter into an agreement with the National 

25 Cryptologic Museum Foundation (in this section referred 


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1 to as the ‘Foundation’), a nonprofit organization, for the 

2 design, construction, and operation of the Center. 

3 ‘‘(c) ACCEPTANCE AUTHORITY.— 

4 ‘‘(1) ACCEPTANCE OF FACILITY.—If the Founda5 tion constructs the Center pursuant to an agreement 

6 with the Foundation under subsection (b), upon satis7 factory completion of the Center’s construction or any 

8 phase thereof, as determined by the Secretary, and 

9 upon full satisfaction by the Foundation of any other 

10 obligations pursuant to such agreement, the Secretary 

11 may accept the Center (or any phase thereof) from the 

12 Foundation, and all right, title, and interest in the 

13 Center or such phase shall vest in the United States. 

14 ‘‘(2) ACCEPTANCE OF SERVICES.—Notwith15 standing section 1342 of title 31, the Secretary may 

16 accept services from the Foundation in connection 

17 with the design, construction, and operation of the 

18 Center. For purposes of this section and any other 

19 provision of law, employees or personnel of the Foun20 dation shall not be considered to be employees of the 

21 United States. 

22 ‘‘(d) FEES AND USER CHARGES.— 

23 ‘‘(1) AUTHORITY TO ASSESS FEES AND USER

24 CHARGES.—Under regulations prescribed by the Sec25 retary, the Director may assess fees and user charges 


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1 sufficient to cover the cost of the use of Center facili2 ties and property, including rental, user, conference, 

3 and concession fees, except that the Director may not 

4 assess fees for general admission to the National 

5 Cryptologic Museum. 

6 ‘‘(2) USE OF FUNDS.—Amounts received by the 

7 Director under paragraph (1) shall be deposited into 

8 the Fund established under subsection (e). 

9 ‘‘(e) FUND.— 

10 ‘‘(1) ESTABLISHMENT.—Upon the Secretary’s ac11 ceptance of the Center under subsection (c)(1), there 

12 is established in the Treasury a fund to be known as 

13 the ‘Cyber Center for Education and Innovation– 

14 Home of the National Cryptologic Museum Fund’ (in 

15 this section referred to as the ‘Fund’). 

16 ‘‘(2) CONTENTS.—The Fund shall consist of the 

17 following amounts: 

18 ‘‘(A) Fees and user charges deposited by the 

19 Director under subsection (d). 

20 ‘‘(B) Any other amounts received by the Di21 rector which are attributable to the operation of 

22 the Center. 

23 ‘‘(C) Such amounts as may be appropriated 

24 under law. 


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1 ‘‘(3) USE OF FUND.—Amounts in the Fund shall 

2 be available to the Director for the benefit and oper3 ation of the Center, including the costs of operation 

4 and the acquisition of books, manuscripts, works of 

5 art, historical artifacts, drawings, plans, models, and 

6 condemned or obsolete combat materiel. 

7 ‘‘(4) CONTINUING AVAILABILITY OF AMOUNTS.— 

8 Amounts in the Fund shall be available without fiscal 

9 year limitation.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by adding at the 

12 end the following new item: 

‘‘4781. Cyber Center for Education and Innovation–Home of the National 

Cryptologic Museum.’’. 

13 SEC. 2852. RENAMING SITE OF THE DAYTON AVIATION HER14 ITAGE NATIONAL HISTORICAL PARK, OHIO. 

15 Section 101(b)(5) of the Dayton Aviation Heritage 

16 Preservation Act of 1992 (16 U.S.C. 410ww(b)(5)) is 

17 amended by striking ‘‘Aviation Center’’ and inserting ‘‘Na18 tional Museum’’. 

19 SEC. 2853. SUPPORT FOR MILITARY SERVICE MEMORIALS 

20 AND MUSEUMS HIGHLIGHTING ROLE OF 

21 WOMEN IN THE MILITARY. 

22 (a) AUTHORIZATION OF SUPPORT.—Subject to appro23 priation, the Secretary of Defense may provide financial 

24 support for military service memorials and museums in the 


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1 acquisition, installation, and maintenance of exhibits, fa2 cilities, and programs that highlight the role of women in 

3 the military. 

4 (b) AGREEMENT WITH NONPROFIT ORGANIZATIONS.— 

5 (1) AUTHORIZATION OF AGREEMENT.—Subject to 

6 paragraph (2), the Secretary may carry out sub7 section (a) by entering into contracts with nonprofit 

8 organizations under which such an organization shall 

9 carry out the activities described in such subsection. 

10 (2) REPORT REQUIRED PRIOR TO AGREEMENT.— 

11 The Secretary may not enter into a contract under 

12 paragraph (1) until the congressional defense commit13 tees have received a report from the Secretary that de14 scribes how the use of such a contract will help edu15 cate and inform the public on the history and mission 

16 of the military, or support training and leadership 

17 development of military personnel, and is in the best 

18 interests of the Department of Defense. 

19 SEC. 2854. PETERSBURG NATIONAL BATTLEFIELD BOUND20 ARY MODIFICATION. 

21 (a) IN GENERAL.—The boundary of the Petersburg Na22 tional Battlefield is modified to include the land and inter23 ests in land as generally depicted on the map titled ‘‘Peters24 burg National Battlefield Proposed Boundary Expansion’’, 

25 numbered 325/80,080, and dated March 2016. The map 


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1 shall be on file and available for public inspection in the 

2 appropriate offices of the National Park Service. 

3 (b) ACQUISITION OF PROPERTIES.— 

4 (1) AUTHORITY.—The Secretary of the Interior 

5 (referred to in this section as the ‘‘Secretary’’) is au6 thorized to acquire the land and interests in land, de7 scribed in subsection (a), from willing sellers only, by 

8 donation, purchase with donated or appropriated 

9 funds, exchange, or transfer. 

10 (2) NO USE OF CONDEMNATION.—The Secretary 

11 may not acquire by condemnation any land or inter12 est in land under this Act or for the purposes of this 

13 Act. 

14 (3) NO BUFFER ZONE CREATED.—Nothing in 

15 this Act, the acquisition of the land or an interest in 

16 land authorized under subsection (a), or the manage17 ment plan for the Petersburg National Battlefield (in18 cluding the acquired land) shall be construed to create 

19 buffer zones outside the Petersburg National Battle20 field. That activities or uses can be seen, heard, or de21 tected from the acquired land shall not preclude, 

22 limit, control, regulate, or determine the conduct or 

23 management of activities or uses outside of the Peters24 burg National Battlefield. 


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1 (4) WRITTEN CONSENT OF THE OWNER.—No 

2 non-Federal property may be included in the Peters3 burg National Battlefield without the written consent 

4 of the owner. 

5 (5) TECHNICAL AMENDMENT.—Section 313(a) of 

6 the National Parks and Recreation Act of 1978 (Pub7 lic Law 95–625; 92 Stat. 3479) is amended by strik8 ing ‘‘twenty-one’’ and inserting ‘‘twenty-five’’. 

9 (c) ADMINISTRATION.—The Secretary shall administer 

10 any land or interests in land acquired under subsection (b) 

11 as part of the Petersburg National Battlefield in accordance 

12 with applicable laws and regulations. 

13 (d) ADMINISTRATIVE JURISDICTION TRANSFER.— 

14 (1) IN GENERAL.—There is transferred— 

15 (A) from the Secretary to the Secretary of 

16 the Army administrative jurisdiction over the 

17 approximately 1.170-acre parcel of land depicted 

18 as ‘‘Area to be transferred to Fort Lee Military 

19 Reservation’’ on the map described in paragraph 

20 (2); and 

21 (B) from the Secretary of the Army to the 

22 Secretary administrative jurisdiction over the 

23 approximately 1.171-acre parcel of land depicted 

24 as ‘‘Area to be transferred to Petersburg National 


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1 Battlefield’’ on the map described in paragraph 

2 (2). 

3 (2) MAP.—The land to be exchanged is depicted 

4 on the map titled ‘‘Petersburg National Battlefield 

5 Proposed Transfer of Administrative Jurisdiction’’, 

6 numbered 325/80,801A, dated March 2016. The map 

7 shall be on file and available for public inspection in 

8 the appropriate offices of the National Park Service. 

9 (3) CONDITIONS OF TRANSFER.—The transfer of 

10 administrative jurisdiction under paragraph (1) shall 

11 be subject to the following conditions: 

12 (A) NO REIMBURSEMENT OR CONSIDER13 ATION.—The transfer shall occur without reim14 bursement or consideration. 

15 (B) MANAGEMENT.—The land transferred to 

16 the Secretary under paragraph (1) shall be in17 cluded within the boundary of the Petersburg 

18 National Battlefield and administered as part of 

19 that park in accordance with applicable laws 

20 and regulations, and the land transferred to the 

21 Secretary of the Army shall be excluded from the 

22 boundary of the Petersburg National Battlefield. 


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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 Representatives 

13 and the Committee on Energy and Natural Resources 

14 of the Senate if the property is owned by the Federal 

15 Government when the property is being considered for 

16 inclusion on the National Register, for designation as 

17 a National Historic Landmark, or for nomination to 

18 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 designa25 tion for reasons of national security, such as any im26 pact the inclusion or designation would have on use 


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1 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 regulations 

10 to allow for expedited removal of Federal property 

11 listed on the National Register of Historic Places if 

12 the managing agency of that Federal property sub13 mits to the Secretary a written request to remove the 

14 Federal property from the National Register of His15 toric Places for reasons of national security, such as 

16 any impact the inclusion or designation would have 

17 on use of the property for military training or readi18 ness 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 important 

23 events in the history of the Nation, a time of moral 

24 clarity and common purpose that remains today as 

25 an inspiration to all people in the United States. 


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1 (2) The role of aviation was a critical factor in 

2 the success of winning World War II and defeating 

3 the enemies worldwide. 

4 (3) The bravery, courage, dedication, and her5 oism of World War II aviators and support personnel 

6 was an important element in the winning of World 

7 War II. 

8 (4) The National Museum of World War II Avia9 tion in Colorado Springs, Colorado, exists to help pre10 serve and promote an understanding of the role of 

11 aviation in winning World War II. 

12 (5) The National Museum of World War II Avia13 tion is dedicated to celebrating the spirit of the 

14 United States, recognizing the teamwork, collabora15 tion, patriotism, and courage of the men and women 

16 who fought, as well as those on the homefront who mo17 bilized and supported the national aviation effort. 

18 (b) CONDITIONS ON RECOGNITION OF AMERICA’S NA19 TIONAL WORLD WAR II AVIATION MUSEUM.—The Sec20 retary of the Air Force, Secretary of the Navy, and Sec21 retary of the Army shall— 

22 (1) each provide a briefing to the Committees on 

23 Armed Services of the House of Representatives and 

24 the Senate evaluating the suitability of the museum 

25 for recognition as a national museum; and 


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1 (2) each certify to such Committees that the mu2 seum is suitable for such recognition. 

3 (c) ELEMENTS OF CERTIFICATION.—The Secretary of 

4 the Air Force, Secretary of the Navy, and Secretary of the 

5 Army shall provide the certification under subsection (b)(2) 

6 only if each certifies that each of the following is correct: 

7 (1) The museum possesses the infrastructure nec8 essary to maintain and preserve military cultural re9 sources. 

10 (2) The museum is accredited. 

11 (3) The museum prevents the private use of any 

12 item donated to the museum. 

13 (4) The museum applies industry standards for 

14 the preservation of military cultural resources. 

15 (5) The museum employs sufficient staff, trained 

16 to industry standards, to ensure the preservation of 

17 military cultural resources. 

18 Subtitle G—Designations and Other 

19 Matters 

20 SEC. 2861. DESIGNATION OF PORTION OF MOFFETT FED21 ERAL AIRFIELD, CALIFORNIA, AS MOFFETT 

22 AIR NATIONAL GUARD BASE. 

23 (a) DESIGNATION.—The 111-acre cantonment area at 

24 Moffett Federal Airfield, California, utilized by the 129th 

25 Rescue Wing of the California Air National Guard shall 


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1 be known and designated as ‘‘Moffett Air National Guard 

2 Base’’. 

3 (b) REFERENCES.—Any reference in any law, regula4 tion, map, document, paper, other record of the United 

5 States to the cantonment area at Moffett Federal Airfield 

6 described in subsection (a) shall be considered to be a ref7 erence to Moffett Air National Guard Base. 

8 SEC. 2862. REDESIGNATION OF MIKE O’CALLAGHAN FED9 ERAL MEDICAL CENTER. 

10 Section 2867 of the Military Construction Authoriza11 tion Act for Fiscal Year 1997 (division B of Public Law 

12 104-201; 110 Stat. 2806), as amended by section 8135(a) 

13 of the Department of Defense Appropriations Act, 1997 (sec14 tion 101(b) of division A of the Omnibus Consolidated Ap15 propriations Act, 1997 (Public Law 104-208; 110 Stat. 

16 3009-118)), and as amended by section 2862 of the Military 

17 Construction Authorization Act for Fiscal Year 2012 (divi18 sion B of Public Law 112-81; 125 Stat. 1701) is further 

19 amended— 

20 (1) by striking ‘‘Mike O’Callaghan Federal Med21 ical Center’’ each place it appears and inserting 

22 ‘‘Mike O’Callaghan Military Medical Center’’; and 

23 (2) in the heading, by striking ‘‘MIKE

24 O’CALLAGHAN’’ and all that follows and inserting 


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1 ‘‘MIKE O’CALLAGHAN MILITARY MEDICAL CEN2 TER.’’. 

3 SEC. 2863. TRANSFER OF CERTAIN ITEMS OF THE OMAR 

4 BRADLEY FOUNDATION TO THE DESCEND5 ANTS OF GENERAL OMAR BRADLEY. 

6 (a) TRANSFER AUTHORIZED.—The Omar Bradley 

7 Foundation, Pennsylvania, may transfer, without consider8 ation, to the child of General of the Army Omar Nelson 

9 Bradley and his first wife Mary Elizabeth Quayle Bradley, 

10 namely Elizabeth Bradley, such items of the Omar Bradley 

11 estate under the control of the Foundation as the Secretary 

12 of the Army determines to be without historic value to the 

13 Army. 

14 (b) TIME OF SUBMITTAL OF CLAIM FOR TRANSFER.— 

15 No item may be transferred under subsection (a) unless the 

16 claim for the transfer of such item is submitted to the Omar 

17 Bradley Foundation during the 180-day period beginning 

18 on the date of the enactment of this Act. 

19 SEC. 2864. PROTECTION AND RECOVERY OF GREATER SAGE 

20 GROUSE. 

21 (a) DEFINITIONS.—In this section: 

22 (1) FEDERAL RESOURCE MANAGEMENT PLAN.— 

23 The term ‘‘Federal resource management plan’’ 

24 means— 


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1 (A) a land use plan prepared by the Bureau 

2 of Land Management for public lands pursuant 

3 to section 202 of the Federal Land Policy and 

4 Management Act of 1976 (43 U.S.C. 1712); or 

5 (B) a land and resource management plan 

6 prepared by the Forest Service for National For7 est System lands pursuant to section 6 of the 

8 Forest and Rangeland Renewable Resources 

9 Planning Act of 1974 (16 U.S.C. 1604). 

10 (2) GREATER SAGE GROUSE.—The term ‘‘Great11 er Sage Grouse’’ means a sage grouse of the species 

12 Centrocercus urophasianus. 

13 (3) STATE MANAGEMENT PLAN.—The term 

14 ‘‘State management plan’’ means a State-approved 

15 plan for the protection and recovery of the Greater 

16 Sage Grouse. 

17 (b) PURPOSE.—The purpose of this section is— 

18 (1) to facilitate implementation of State man19 agement plans over a period of multiple, consecutive 

20 Greater Sage Grouse life cycles; and 

21 (2) to demonstrate the efficacy of the State man22 agement plans for the protection and recovery of the 

23 Greater Sage Grouse. 

24 (c) DELAY IN MAKING ENDANGERED SPECIES ACT OF

25 1973 FINDING.— 


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1 (1) DELAY REQUIRED.—In the case of any State 

2 with a State management plan, the Secretary of the 

3 Interior may not make a finding under clause (i), 

4 (ii), or (iii) of section 4(b)(3)(B) of the Endangered 

5 Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with 

6 respect to the Greater Sage Grouse in that State be7 fore September 30, 2026. 

8 (2) EFFECT ON OTHER LAWS.—The delay im9 posed by paragraph (1) is, and shall remain, effective 

10 without regard to any other statute, regulation, court 

11 order, legal settlement, or any other provision of law 

12 or in equity. 

13 (3) EFFECT ON CONSERVATION STATUS.—Until 

14 the date specified in paragraph (1), the conservation 

15 status of the Greater Sage Grouse shall remain not 

16 warranted for listing under the Endangered Species 

17 Act of 1973 (16 U.S.C. 1531 et seq.). 

18 (d) COORDINATION OF FEDERAL LAND MANAGEMENT

19 AND STATE MANAGEMENT PLANS.— 

20 (1) PROHIBITION ON WITHDRAWALS AND MODI21 FICATIONS OF FEDERAL RESOURCE MANAGEMENT

22 PLANS.—In order to foster coordination between a 

23 State management plan and Federal resource man24 agement plans that affect the Greater Sage Grouse, 

25 upon notification by the Governor of a State with a 


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1 State management plan, the Secretary of the Interior 

2 and the Secretary of Agriculture, as applicable, may 

3 not exercise authority under section 204 of the Fed4 eral Land Policy and Management Act of 1976 (43 

5 U.S.C. 1714) to make, modify, or extend any with6 drawal, nor amend or otherwise modify any Federal 

7 resource management plan applicable to Federal land 

8 in the State, in a manner inconsistent with the State 

9 management plan for a period, to be specified by the 

10 Governor in the notification, of at least five years be11 ginning on the date of the notification. 

12 (2) RETROACTIVE EFFECT.—In the case of any 

13 State that provides notification under paragraph (1), 

14 if any withdrawal was made, modified, or extended 

15 or if any amendment or modification of a Federal re16 source management plan applicable to Federal lands 

17 in the State was issued during the three-year period 

18 preceding the date of the notification and the with19 drawal, amendment, or modification altered manage20 ment of the Greater Sage Grouse or its habitat, imple21 mentation and operation of the withdrawal, amend22 ment, or modification shall be stayed to the extent 

23 that the withdrawal, amendment, or modification is 

24 inconsistent with the State management plan. The 

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1 diately before the amendment or modification, shall 

2 apply instead with respect to management of the 

3 Greater Sage Grouse and its habitat, to the extent 

4 consistent with the State management plan. 

5 (3) DETERMINATION OF INCONSISTENCY.—Any 

6 disagreement regarding whether a withdrawal, or an 

7 amendment or other modification of a Federal re8 source management plan, is inconsistent with a State 

9 management plan shall be resolved by the Governor of 

10 the affected State. 

11 (e) RELATION TO NATIONAL ENVIRONMENTAL POLICY

12 ACT OF 1969.—With regard to any major Federal action 

13 consistent with a State management plan, any findings, 

14 analyses, or conclusions regarding the Greater Sage Grouse 

15 or its habitat under section 102(2)(C) of the National Envi16 ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 

17 not have a preclusive effect on the approval or implementa18 tion of the major Federal action in that State. 

19 (f) REPORTING REQUIREMENT.—Not later than one 

20 year after the date of the enactment of this Act and annu21 ally thereafter through 2026, the Secretary of the Interior 

22 and the Secretary of Agriculture shall jointly submit to the 

23 Committee on Energy and Natural Resources of the Senate 

24 and the Committee on Natural Resources of the House of 

25 Representatives a report on the Secretaries’ implementation 


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1 and effectiveness of systems to monitor the status of Greater 

2 Sage Grouse on Federal lands under their jurisdiction. 

3 (g) JUDICIAL REVIEW.—Notwithstanding any other 

4 provision of statute or regulation, the requirements and im5 plementation of this section, including determinations 

6 made under subsection (d)(3), are not subject to judicial 

7 review. 

8 SEC. 2865. IMPLEMENTATION OF LESSER PRAIRIE-CHICKEN 

9 RANGE-WIDE CONSERVATION PLAN AND 

10 OTHER CONSERVATION MEASURES. 

11 (a) DEFINITIONS.—In this section: 

12 (1) CANDIDATE CONSERVATION AGREEMENTS.— 

13 The terms ‘‘Candidate Conservation Agreement’’ and 

14 ‘‘Candidate and Conservation Agreement With Assur15 ances’’ have the meaning given those terms in— 

16 (A) the announcement of the Department of 

17 the Interior and the Department of Commerce 

18 entitled ‘‘Announcement of Final Policy for Can19 didate Conservation Agreements with Assur20 ances’’ (64 Fed. Reg. 32726 (June 17, 1999)); 

21 and 

22 (B) sections 17.22(d) and 17.32(d) of title 

23 50, Code of Federal Regulations (as in effect on 

24 the date of enactment of this Act). 


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1 (2) RANGE-WIDE PLAN.—The term ‘‘Range-Wide 

2 Plan’’ means the Lesser Prairie-Chicken Range-Wide 

3 Conservation Plan of the Western Association of Fish 

4 and Wildlife Agencies, as endorsed by the United 

5 States Fish and Wildlife Service on October 23, 2013, 

6 and published for comment on January 29, 2014 (79 

7 Fed. Reg. 4652). 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (b) PROHIBITION ON TREATMENT AS THREATENED OR

11 ENDANGERED SPECIES.— 

12 (1) IN GENERAL.—Notwithstanding any prior 

13 action by the Secretary, the lesser prairie-chicken 

14 shall not be treated as a threatened species or endan15 gered species under the Endangered Species Act of 

16 1973 (16 U.S.C. 1531 et seq.) before December 31, 

17 2022. 

18 (2) PROHIBITION ON PROPOSAL.—Effective be19 ginning on January 1, 2023, the lesser prairie-chick20 en may not be treated as a threatened species or en21 dangered species under the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.) unless the Secretary 

23 publishes a determination, based on the totality of the 

24 scientific evidence, that conservation (as that term is 

25 used in that Act) under the Range-Wide Plan and the 


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1 agreements, programs, and efforts referred to in sub2 section (c) have not achieved the conservation goals 

3 established by the Range-Wide Plan. 

4 (c) MONITORING OF PROGRESS OF CONSERVATION

5 PROGRAMS.—The Secretary shall monitor and annually 

6 submit to Congress a report on progress in conservation of 

7 the lesser prairie-chicken under the Range-Wide Plan and 

8 all related— 

9 (1) Candidate Conservation Agreements and 

10 Candidate and Conservation Agreements With Assur11 ances; 

12 (2) other Federal conservation programs admin13 istered by the United States Fish and Wildlife Serv14 ice, the Bureau of Land Management, and the De15 partment of Agriculture; 

16 (3) State conservation programs; and 

17 (4) private conservation efforts. 

18 SEC. 2866. REMOVAL OF ENDANGERED SPECIES STATUS 

19 FOR AMERICAN BURYING BEETLE. 

20 Notwithstanding the final rule of the United States 

21 Fish and Wildlife Service entitled ‘‘Endangered and 

22 Threatened Wildlife and Plants; Determination of Endan23 gered Status for the American Burying Beetle’’ (54 Fed. 

24 Reg. 29652 (July 13, 1989)), the American burying beetle 

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1 cies under the Endangered Species Act of 1973 (16 U.S.C. 

2 1531 et seq.). 

3 TITLE XXIX—OVERSEAS CONTIN4 GENCY OPERATIONS MILI5 TARY CONSTRUCTION 

6 SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 The Secretary of the Navy may acquire real property 

9 and carry out the military construction projects for the in10 stallations outside the United States, and in the amounts, 

11 set forth in the following table: 

Navy: Outside the United States 

Country Installation Amount 

Djibouti ........................... Camp Lemonier .............................................. $37,409,000 

Iceland ............................ Keflavik ........................................................... $19,600,000 

12 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

13 LAND ACQUISITION PROJECTS. 

14 The Secretary of the Air Force may acquire real prop15 erty and carry out the military construction projects for 

16 the installations outside the United States, and in the 

17 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 


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1 SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 

2 Funds are hereby authorized to be appropriated for fis3 cal years beginning after September 30, 2016, for the mili4 tary construction projects outside the United States author5 ized by this title as specified in the funding table in section 

6 4602 and 4603. 

7 TITLE XXX—UTAH TEST AND 

8 TRAINING RANGE ENCROACH9 MENT PREVENTION AND TEM10 PORARY CLOSURE AUTHORI11 TIES 

12 SEC. 3001. FINDINGS AND DEFINITIONS. 

13 (a) FINDINGS.—Congress finds that— 

14 (1) the testing and development of military 

15 weapons systems and the training of military forces 

16 are critical to ensuring the national security of the 

17 United States; 

18 (2) the Utah Test and Training Range is a 

19 unique and irreplaceable national asset at the core of 

20 the test and training mission of the Department of 

21 Defense; 

22 (3) continued access to the special use airspace 

23 and land that comprise the Utah Test and Training 

24 Range, under the terms and conditions described in 

25 this title is a national security priority; 


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1 (4) multiple use of, sustained yield activities on, 

2 and access to the BLM land are vital to the customs, 

3 culture, economy, ranching, grazing, and transpor4 tation interests of the counties in which the BLM 

5 land is situated; and 

6 (5) the limited use by the military of the BLM 

7 land and airspace above the BLM land is vital to im8 proving and maintaining the readiness of the Armed 

9 Forces. 

10 (b) DEFINITIONS.—In this title: 

11 (1) BLM LAND.—The term ‘‘BLM land’’ means 

12 the Bureau of Land Management land in the State 

13 comprising approximately 625,643 acres, as generally 

14 depicted on the map entitled ‘‘Utah Test and Train15 ing Range Enhancement/West Desert Land Ex16 change’’ and dated February 12, 2016. 

17 (2) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (3) STATE.—The term ‘‘State’’ means the State 

20 of Utah. 

21 (4) UTAH TEST AND TRAINING RANGE.— 

22 (A) IN GENERAL.—The term ‘‘Utah Test 

23 and Training Range’’ means the portions of the 

24 military land and airspace operating area of the 


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1 Utah Test and Training Area that are located in 

2 the State. 

3 (B) INCLUSION.—The term ‘‘Utah Test and 

4 Training Range’’ includes the Dugway Proving 

5 Ground. 

6 Subtitle A—Utah Test and Training 

7 Range 

8 SEC. 3011. MANAGEMENT OF BLM LAND. 

9 (a) MEMORANDUM OF AGREEMENT.— 

10 (1) DRAFT.— 

11 (A) IN GENERAL.—Not later than 90 days 

12 after the date of enactment of this Act, the Sec13 retary and the Secretary of the Air Force shall 

14 complete a draft of the memorandum of agree15 ment required under paragraph (2). 

16 (B) PUBLIC COMMENT PERIOD.—During the 

17 30-day period beginning on the date on which 

18 the draft memorandum of agreement is com19 pleted under subparagraph (A), there shall be an 

20 opportunity for public comment on the draft 

21 memorandum of agreement, including an oppor22 tunity for the Utah Test and Training Range 

23 Community Resource Group established under 

24 section 3013(a) to provide comments on the draft 

25 memorandum of agreement. 


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1 (2) REQUIREMENT; DEADLINE.— 

2 (A) IN GENERAL.—Not later than 180 days 

3 after the date of enactment of this Act, the Sec4 retary and the Secretary of the Air Force shall 

5 enter into a memorandum of agreement that pro6 vides for the continued management of the BLM 

7 land by the Secretary, in a manner that provides 

8 for the limited use of the BLM land by the Sec9 retary of the Air Force, consistent with this title. 

10 (B) SIGNATURES REQUIRED.—The terms of 

11 the memorandum of agreement, including a tem12 porary closure of the BLM land under the memo13 randum of agreement, may not be carried out 

14 until the date on which all parties to the memo15 randum of agreement have signed the memo16 randum of agreement. 

17 (3) MANAGEMENT BY SECRETARY.—The memo18 randum of agreement under paragraph (2) shall pro19 vide that the Secretary (acting through the Director 

20 of the Bureau of Land Management) shall continue to 

21 manage the BLM land— 

22 (A) as land described in section 6901(1)(B) 

23 of title 31, United States Code; 

24 (B) for multiple use and sustained yield 

25 goals and activities as required under sections 


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1 102(a)(7) and 202(c)(1) of the Federal Land Pol2 icy and Management Act of 1976 (43 U.S.C. 

3 1701(a)(7), 1712(c)(1)) and defined in section 

4 103 of that Act (43 U.S.C. 1702), including all 

5 principal or major uses on Federal land recog6 nized pursuant to the definition of the term in 

7 section 103 of that Act (43 U.S.C. 1702); 

8 (C) in accordance with section 202 of the 

9 Federal Land Policy and Management Act of 

10 1976 (43 U.S.C. 1712); and 

11 (D) subject to use by the Secretary of the 

12 Air Force provided under section 3012 for— 

13 (i) the preservation of the Utah Test 

14 and Training Range against current and 

15 future encroachments that the Secretary of 

16 the Air Force finds to be incompatible with 

17 current and future test and training re18 quirements; 

19 (ii) the testing of— 

20 (I) advanced weapon systems, in21 cluding current weapons systems, 5th 

22 generation weapon systems, and future 

23 weapon systems; and 

24 (II) the standoff distance for 

25 weapons; 


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1 (iii) the testing and evaluation of 

2 hypersonic weapons; 

3 (iv) increased public safety for civil4 ians accessing the BLM land; and 

5 (v) other purposes relating to meeting 

6 national security needs. 

7 (b) MAP.—The Secretary may correct any minor er8 rors in the map. 

9 (c) LAND USE PLANS.—Any land use plan in existence 

10 on the date of enactment of this Act that applies to the BLM 

11 land shall continue to apply to the BLM land. 

12 (d) MAINTAIN CURRENT USES.— 

13 (1) IN GENERAL.—Notwithstanding subsection 

14 (a)(3)(D), the memorandum of agreement entered into 

15 under subsection (a) and the land use plans described 

16 in subsection (c) shall not diminish any major or 

17 principle use that is recognized pursuant to section 

18 103(l) of the Federal Land Policy and Management 

19 Act of 1976 (43 U.S.C. 1702(l)), except to the extent 

20 authorized in subsection (a). 

21 (2) ACTIONS BY SECRETARY OF THE AIR

22 FORCE.—The Secretary of the Air Force shall— 

23 (A) if corrective action is necessary due to 

24 an action of the Air Force, as determined by the 


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1 Secretary of the Air Force, render the BLM land 

2 safe for public use; and 

3 (B) appropriately communicate the safety 

4 of the land to the Secretary once the BLM land 

5 is rendered safe for public use. 

6 (e) GRAZING.— 

7 (1) NEW GRAZING LEASES AND PERMITS.— 

8 (A) IN GENERAL.—The Secretary shall issue 

9 and administer any new grazing lease or permit 

10 on the BLM land, in accordance with applicable 

11 law (including regulations) and other authorities 

12 applicable to livestock grazing on Bureau of 

13 Land Management land. 

14 (B) NON-FEDERAL LAND LEVELS.—The Sec15 retary (acting through the Director of the Bu16 reau of Land Management) shall continue to 

17 issue and administer livestock grazing leases and 

18 permits on the non-Federal land described in sec19 tion 3022(3), subject to the requirements de20 scribed in subparagraphs (A) through (C) of 

21 paragraph (2). 

22 (2) EXISTING GRAZING LEASES AND PERMITS.— 

23 Any livestock grazing lease or permit applicable to 

24 the BLM land that is in existence on the date of en25 actment of this Act shall continue in effect— 


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1 (A) at the number of permitted animal unit 

2 months authorized under current applicable land 

3 use plans; 

4 (B) if range conditions permit, at levels 

5 greater than the level of active use; and 

6 (C) subject to such reasonable increases and 

7 decreases of active use of animal unit months 

8 and other reasonable regulations, policies, and 

9 practices as the Secretary may consider appro10 priate based on rangeland conditions. 

11 (f) MEMORANDUM OF UNDERSTANDING ON EMER12 GENCY ACCESS AND RESPONSE.—Nothing in this section 

13 precludes the continuation of the memorandum of under14 standing that is between the Department of the Interior and 

15 the Department of the Air Force with respect to emergency 

16 access and response, as in existence as of the date of enact17 ment of this Act. 

18 (g) WITHDRAWAL.—Subject to valid existing rights, 

19 the BLM land is withdrawn from all forms of appropria20 tion under the public land laws, including the mining laws, 

21 the mineral leasing laws, and the geothermal leasing laws. 

22 (h) LIMITATION ON FUTURE RIGHTS-OF-WAY OR USE

23 PERMITS.—The Secretary may not issue any new use per24 mits or rights-of-way on the BLM land for any purposes 

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1 patible with current or projected military requirements, 

2 with consideration given to the rangeland improvements 

3 under section 3015(h). 

4 (i) GRAZING AND RANCHING.—Efforts described in 

5 this title to facilitate grazing and ranching on the BLM 

6 land and the non-Federal land described in section 3022(3) 

7 shall be considered to be compatible with mission require8 ments of the Utah Test and Training Range. 

9 SEC. 3012. TEMPORARY CLOSURES. 

10 (a) IN GENERAL.—If the Secretary of the Air Force 

11 determines that military operations (including operations 

12 relating to the fulfillment of the mission of the Utah Test 

13 and Training Range), public safety, or national security 

14 require the temporary closure to public use of any road, 

15 trail, or other portion of the BLM land, the Secretary of 

16 the Air Force may take such action as the Secretary of the 

17 Air Force determines necessary to carry out the temporary 

18 closure. 

19 (b) LIMITATIONS.—Any temporary closure under sub20 section (a)— 

21 (1) shall be limited to the minimum areas and 

22 periods during which the Secretary of the Air Force 

23 determines are required to carry out a closure under 

24 this section; 


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1 (2) shall not occur on a State or Federal holi2 day, unless notice is provided in accordance with sub3 section (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 than 

8 a 3-hour period per day; 

9 (B) shall only be for longer than a 3-hour period 

10 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; and 

21 (B) provide notice to the Secretary, public, 

22 and relevant stakeholders concerning the tem23 porary closure— 

24 (i) at least 30 days before the date on 

25 which the temporary closure goes into effect; 


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1 (ii) in the case of a closure during the 

2 period beginning on March 1 and ending on 

3 May 31, at least 60 days before the date on 

4 which the closure goes into effect; or 

5 (iii) in the case of a closure described 

6 in paragraph (3) or (4) of subsection (b), at 

7 least 90 days before the date on which the 

8 closure goes into effect. 

9 (2) SPECIAL NOTIFICATION PROCEDURES.—In 

10 each case for which a mission-unique security require11 ment does not allow for the notifications described in 

12 paragraph (1)(B), the Secretary of the Air Force shall 

13 work with the Secretary to achieve a mutually agree14 able timeline for notification. 

15 (d) MAXIMUM ANNUAL CLOSURES.—The total cumu16 lative hours of temporary closures authorized under this sec17 tion with respect to the BLM land shall not exceed 100 

18 hours annually. 

19 (e) PROHIBITION ON CERTAIN TEMPORARY CLO20 SURES.—The northernmost area identified as ‘‘Newfound21 land’s’’ on the map shall not be subject to any temporary 

22 closure between August 21 and February 28, in accordance 

23 with the lawful hunting methods and seasons of the State 

24 of Utah. 


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1 (f) EMERGENCY GROUND RESPONSE.—A temporary 

2 closure of a portion of the BLM land shall not affect the 

3 conduct of emergency response activities on the BLM land 

4 during the temporary closure. 

5 (g) LAW ENFORCEMENT AND SECURITY.—The Sec6 retary and the Secretary of the Air Force may enter into 

7 cooperative agreements with State and local law enforce8 ment officials with respect to lawful procedures and proto9 cols to be used in promoting public safety and operation 

10 security on or near the BLM land during noticed test and 

11 training periods. 

12 (h) LIVESTOCK.—Livestock shall be allowed to remain 

13 on the BLM land during a temporary closure of the BLM 

14 land under this section. 

15 SEC. 3013. COMMUNITY RESOURCE GROUP. 

16 (a) ESTABLISHMENT.—Not later than 60 days after 

17 the date of enactment of this Act, there shall be established 

18 the Utah Test and Training Range Community Resource 

19 Group (referred to in this section as the ‘‘Community 

20 Group’’) to provide regular and continuing input to the 

21 Secretary and the Secretary of the Air Force on matters 

22 involving public access to, use of, and overall management 

23 of the BLM land. 

24 (b) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Secretary (acting through 

2 the State Bureau of Land Management Office) shall 

3 appoint members to the Community Group, includ4 ing— 

5 (A) operational and land management per6 sonnel of the Air Force; 

7 (B) 1 Indian representative, to be nomi8 nated by a majority vote conducted among the 

9 Indian tribes in the vicinity of the BLM land; 

10 (C) not more than 2 county commissioners 

11 from each of Box Elder, Tooele, and Juab Coun12 ties, Utah; 

13 (D) 2 representatives of off-road and high14 way use, hunting, and other recreational groups; 

15 (E) 2 representatives of livestock grazers on 

16 any public land located within the BLM land; 

17 (F) 1 representative of the Utah Depart18 ment of Agriculture and Food; and 

19 (G) not more than 3 representatives of State 

20 or Federal offices or agencies, or private groups, 

21 if the Secretary determines that such representa22 tives would further the goals and objectives of the 

23 Community Group. 


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1 (2) CHAIRPERSON.—The members described in 

2 paragraph (1) shall elect from among the members of 

3 the Community Group— 

4 (A) 1 member to serve as Chairperson of the 

5 Community Group; and 

6 (B) 1 member to serve as Vice-Chairperson 

7 of the Community Group. 

8 (c) CONDITIONS AND TERMS OF APPOINTMENT.— 

9 (1) IN GENERAL.—Each member of the Commu10 nity Group shall serve voluntarily and without remu11 neration. 

12 (2) TERM OF APPOINTMENT.— 

13 (A) IN GENERAL.—Each member of the 

14 Community Group shall be appointed for a term 

15 of 4 years. 

16 (B) ORIGINAL MEMBERS.—Notwithstanding 

17 subparagraph (A), the Chairperson shall select 

1 18 ⁄2 of the original members of the Community 

Group to serve for a term of 4 years and the 1 19 ⁄2

20 to serve for a term of 2 years to ensure the re21 placement of members shall be staggered from 

22 year to year. 

23 (C) REAPPOINTMENT AND REPLACEMENT.— 

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1 ber of the Community Group appointed under 

2 subsection (b)(1), if— 

3 (i) the term of the member has expired; 

4 (ii) the member has retired; or 

5 (iii) the position held by the member 

6 described in subparagraphs (A) through (G) 

7 of paragraph (1) has changed to the extent 

8 that the ability of the member to represent 

9 the group or entity that the member rep10 resents has been significantly affected. 

11 (d) MEETINGS.— 

12 (1) IN GENERAL.—The Community Group shall 

13 meet not less than once per year, and at such other 

14 frequencies as determined by five or more of the mem15 bers of the Community Group. 

16 (2) RESPONSIBILITIES OF COMMUNITY GROUP.— 

17 The Community Group shall be responsible for deter18 mining appropriate schedules for, details of, and ac19 tions for meetings of the Community Group. 

20 (3) NOTICE.—The Chairperson shall provide no21 tice to each member of the Community Group not less 

22 than 10 business days before the date of a scheduled 

23 meeting. 

24 (4) EXEMPT FROM FEDERAL ADVISORY COM25 MITTEE ACT.—The Federal Advisory Committee Act 


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1 (5 U.S.C. App.) shall not apply to meetings of the 

2 Community Group. 

3 (e) COORDINATION WITH RECOMMENDATIONS OF COM4 MUNITY GROUP.—The Secretary and the Secretary of the 

5 Air Force, consistent with existing laws (including regula6 tions), shall take under consideration recommendations 

7 from the Community Group. 

8 (f) TERMINATION OF AUTHORITY.—The Community 

9 Group shall terminate on the date that is seven years after 

10 the date of enactment of this Act, unless the Secretary and 

11 the Community Group mutually elect to terminate the Com12 munity Group before that date. 

13 (g) RENEWAL.—The Community Group may elect, by 

14 simple majority, to renew the term of the Community 

15 Group for an additional seven years, with the option to 

16 renew the term every seven years thereafter. Each renewal 

17 must occur upon or within 90 days before termination of 

18 the Community Group. 

19 SEC. 3014. LIABILITY. 

20 The United States (including all departments, agen21 cies, officers, and employees of the United States) shall be 

22 held harmless and shall not be liable for any injury or dam23 age to any individual or property suffered in the course 

24 of any mining, mineral, or geothermal activity, or any 


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1 other authorized nondefense-related activity, conducted on 

2 the BLM land. 

3 SEC. 3015. EFFECTS OF SUBTITLE. 

4 (a) EFFECT ON WEAPON IMPACT AREA.—Nothing in 

5 this subtitle expands the boundaries of the weapon impact 

6 area of the Utah Test and Training Range. 

7 (b) EFFECT ON SPECIAL USE AIRSPACE AND TRAINING

8 ROUTES.—Nothing in this subtitle precludes— 

9 (1) the designation of new units of special use 

10 airspace; or 

11 (2) the expansion of existing units of special use 

12 airspace. 

13 (c) EFFECT ON EXISTING RIGHTS AND AGREE14 MENTS.— 

15 (1) KNOLLS SPECIAL RECREATION MANAGEMENT

16 AREA; BLM COMMUNITY PITS CENTRAL GRAYBACK AND

17 SOUTH GRAYBACK.—Except as provided in section 

18 3012, nothing in this subtitle limits or alters any ex19 isting right or right of access to— 

20 (A) the Knolls Special Recreation Manage21 ment Area; or 

22 (B)(i) the Bureau of Land Management 

23 Community Pits Central Grayback and South 

24 Grayback; and 


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1 (ii) any other county or community pit lo2 cated within close proximity to the BLM land. 

3 (2) NATIONAL HISTORIC TRAILS AND OTHER HIS4 TORICAL LANDMARKS.—Except as provided in section 

5 3012, nothing in this subtitle limits or alters any ex6 isting right or right of access to a component of the 

7 National Trails System or other Federal or State his8 toric landmarks within the BLM land, including the 

9 California National Historic Trail, the Pony Express 

10 National Historic Trail, or the GAPA Launch Site 

11 and Blockhouse. 

12 (3) CLOSURE OF INTERSTATE 80.—Nothing in 

13 this subtitle authorizes any additional authority or 

14 right to the Secretary or the Secretary of the Air 

15 Force to temporarily close Interstate 80. 

16 (4) EFFECT ON LIMITATION ON AMENDMENTS TO

17 CERTAIN INDIVIDUAL RESOURCE MANAGEMENT

18 PLANS.—Nothing in this subtitle affects the limitation 

19 established under section 2815(d) of the National De20 fense Authorization Act for Fiscal Year 2000 (Public 

21 Law 106–65; 113 Stat. 852). 

22 (5) EFFECT ON MEMORANDUM OF UNDER23 STANDING.—Nothing in this subtitle affects the memo24 randum of understanding entered into by the Air 

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1 partment of Natural Resources, and the Utah Divi2 sion of Wildlife Resources relating to the reestablish3 ment of bighorn sheep in the Newfoundland Moun4 tains and signed by the parties to the memorandum 

5 of understanding during the period beginning on 

6 January 24, 2000, and ending on February 4, 2000. 

7 (6) EFFECT ON EXISTING MILITARY SPECIAL USE

8 AIRSPACE AGREEMENT.—Nothing in this subtitle lim9 its or alters the Military Operating Areas of Airspace 

10 Use Agreement between the Federal Aviation Admin11 istration and the Air Force in effect on the date of 

12 enactment of this Act. 

13 (d) EFFECT ON WATER RIGHTS.— 

14 (1) NO RESERVATION CREATED.—Nothing in this 

15 subtitle— 

16 (A) establishes any reservation in favor of 

17 the United States with respect to any water or 

18 water right on the BLM land; or 

19 (B) authorizes any appropriation of water 

20 on the BLM land, except in accordance with ap21 plicable State law. 

22 (2) PREVIOUSLY ACQUIRED AND RESERVED

23 WATER RIGHTS.—Nothing in this subtitle affects— 


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1 (A) any water right acquired or reserved by 

2 the United States before the date of enactment of 

3 this Act; or 

4 (B) the authority of the Secretary or the 

5 Secretary of the Air Force, as applicable, to exer6 cise any water right described in subparagraph 

7 (A). 

8 (3) NO EFFECT ON MCCARRAN AMENDMENT.— 

9 Nothing in this subtitle diminishes, enhances, or oth10 erwise affects in any way the rights, duties, and obli11 gations of the United States, the State of Utah, the 

12 counties in which the BLM land is situated, and the 

13 residents and stakeholders in those counties under sec14 tion 208 of the Act of July 10, 1952 (commonly 

15 known as the ‘‘McCarran Amendment’’) (43 U.S.C. 

16 666). 

17 (e) EFFECT ON FEDERALLY RECOGNIZED INDIAN

18 TRIBES.— 

19 (1) IN GENERAL.—Nothing in this subtitle alters 

20 any right reserved by treaty or Federal law for a fed21 erally recognized Indian tribe for tribal use. 

22 (2) CONSULTATION.—The Secretary of the Air 

23 Force shall consult with any federally recognized In24 dian tribe in the vicinity of the BLM land before takVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 00946 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 ing any action that will affect any tribal right or cul2 tural resource protected by treaty or Federal law. 

3 (f) EFFECT ON PAYMENTS IN LIEU OF TAXES.— 

4 (1) ELIGIBILITY OF BLM LAND AND NON-FED5 ERAL LAND.—The BLM land and the non-Federal 

6 land described in section 3022(3) shall remain eligible 

7 as entitlement land under section 6901 of title 31, 

8 United States Code. 

9 (2) NO PREJUDICE TO COUNTY PAYMENT IN LIEU

10 OF TAXES RIGHTS.—Nothing in this subtitle dimin11 ishes, enhances, or otherwise affects any other right or 

12 entitlement of the counties in which the BLM land is 

13 situated to payments in lieu of taxes based on the 

14 BLM land, under section 6901 of title 31, United 

15 States Code. 

16 (g) WILDLIFE GUZZLERS.— 

17 (1) IN GENERAL.—The Bureau of Land Manage18 ment and the Utah Division of Wildlife Resources 

19 shall continue the management of wildlife guzzlers in 

20 existence as of the date of enactment of this Act on 

21 the BLM land. 

22 (2) NEW GUZZLERS.—Nothing in this subtitle 

23 prevents the Bureau of Land Management and the 

24 Utah Division of Wildlife Resources from entering 

25 into agreements for new wildlife guzzlers. 


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1 (3) ACQUIRED GUZZLERS.—The Secretary shall 

2 continue to manage existing wildlife guzzlers or wild3 life improvements on the non-Federal land conveyed 

4 to the Secretary under section 3023(a) that were in 

5 existence on the day before the date of the conveyance. 

6 (h) RANGELAND IMPROVEMENTS.—The Secretary shall 

7 continue to manage, in a manner that promotes and facili8 tates grazing— 

9 (1) rangeland improvements on the BLM land 

10 that are in existence on the date of enactment of this 

11 Act; and 

12 (2) rangeland improvements on the non-Federal 

13 land conveyed to the Secretary under section 3023(a) 

14 that were in existence on the day before the date of 

15 the conveyance. 

16 (i) NEW RANGELAND IMPROVEMENTS.—Nothing in 

17 this subtitle prevents the Bureau of Land Management, the 

18 Utah Department of Agriculture or other State entity, or 

19 a Federal land permittee from entering into agreements for 

20 new rangeland improvements that promote and facilitate 

21 grazing. 

22 (j) SCHOOL AND INSTITUTIONAL TRUST LANDS AD23 MINISTRATION.—The Bureau of Land Management shall 

24 maintain rangeland grazing improvements in existence as 


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1 of the date of enactment of this Act on acquired land of 

2 the School and Institutional Trust Lands Administration. 

3 Subtitle B—Land Exchange 

4 SEC. 3021. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the State owns approximately 68,057 acres of 

7 land and approximately 10,280 acres of mineral in8 terests located within the Utah Test and Training 

9 Range in Box Elder, Tooele, and Juab Counties, 

10 Utah; 

11 (2) the State owns approximately 2,353 acres of 

12 land and approximately 3,560 acres of mineral inter13 ests located wholly or partially within the Cedar 

14 Mountains Wilderness in Tooele County, Utah; 

15 (3) the parcels of State land described in para16 graphs (1) and (2)— 

17 (A) were granted by Congress to the State 

18 pursuant to the Act of July 16, 1894 (28 Stat. 

19 107, chapter 138), to be held in trust for the ben20 efit of the public school system and other public 

21 institutions of the State; and 

22 (B) are largely scattered in checkerboard 

23 fashion among Federal land; 

24 (4) continued State ownership and development 

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1 ing Range and the Cedar Mountains Wilderness is in2 compatible with— 

3 (A) the critical national defense uses of the 

4 Utah Test and Training Range; and 

5 (B) the Federal management of the Cedar 

6 Mountains Wilderness; and 

7 (5) it is in the public interest of the United 

8 States to acquire in a timely manner all State trust 

9 land within the Utah Test and Training Range and 

10 the Cedar Mountains Wilderness, in exchange for the 

11 conveyance of the Federal land to the State, in ac12 cordance with the terms and conditions described in 

13 this subtitle. 

14 (b) PURPOSE.—It is the purpose of this subtitle to di15 rect, facilitate, and expedite the exchange of certain Federal 

16 land and non-Federal land between the United States and 

17 the State. 

18 SEC. 3022. DEFINITIONS. 

19 In this subtitle: 

20 (1) EXCHANGE MAP.—The term ‘‘Exchange 

21 Map’’ means the map prepared by the Bureau of 

22 Land Management entitled ‘‘Utah Test and Training 

23 Range Enhancement/West Desert Land Exchange’’ 

24 and dated February 12, 2016. 


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1 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the Bureau of Land Management land located 

3 in Box Elder, Millard, Juab, Tooele, and Beaver 

4 Counties, Utah, that is identified on the Exchange 

5 Map as ‘‘BLM Lands Proposed for Transfer to State 

6 Trust Lands’’. 

7 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed8 eral land’’ means the land owned by the State in Box 

9 Elder, Tooele, and Juab Counties, Utah, that is iden10 tified on the Exchange Map as— 

11 (A) ‘‘State Trust Land Proposed for Trans12 fer to BLM’’; and 

13 (B) ‘‘State Trust Minerals Proposed for 

14 Transfer to BLM’’. 

15 (4) STATE.—The term ‘‘State’’ means the State 

16 of Utah, acting through the School and Institutional 

17 Trust Lands Administration. 

18 SEC. 3023. EXCHANGE OF FEDERAL LAND AND NON-FED19 ERAL LAND. 

20 (a) IN GENERAL.—If the State offers to convey to the 

21 United States title to the non-Federal land, the Secretary 

22 shall— 

23 (1) accept the offer; and 

24 (2) on receipt of all right, title, and interest in 

25 and to the non-Federal land, convey to the State (or 


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1 a designee) all right, title, and interest of the United 

2 States in and to the Federal land. 

3 (b) VALID EXISTING RIGHTS.—The exchange author4 ized under subsection (a) shall be subject to valid existing 

5 rights. 

6 (c) TITLE APPROVAL.—Title to the Federal land and 

7 non-Federal land to be exchanged under this section shall 

8 be in a format acceptable to the Secretary and the State. 

9 (d) APPRAISALS.— 

10 (1) IN GENERAL.—The value of the Federal land 

11 and the non-Federal land to be exchanged under this 

12 section shall be determined by appraisals conducted 

13 by one or more independent appraisers retained by 

14 the State, with the consent of the Secretary. 

15 (2) APPLICABLE LAW.—The appraisals under 

16 paragraph (1) shall be conducted in accordance with 

17 nationally recognized appraisal standards, including, 

18 as appropriate, the Uniform Appraisal Standards for 

19 Federal Land Acquisitions. 

20 (3) MINERAL LAND.— 

21 (A) MINERAL REPORTS.—The appraisals 

22 under paragraph (1) shall take into account 

23 mineral and technical reports provided by the 

24 Secretary and the State in the evaluation of 


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1 mineral deposits in the Federal land and non2 Federal land. 

3 (B) MINING CLAIMS.—An appraisal of any 

4 parcel of Federal land that is encumbered by a 

5 mining or millsite claim located under sections 

6 2318 through 2352 of the Revised Statutes (com7 monly known as the ‘‘Mining Law of 1872’’) (30 

8 U.S.C. 21 et seq.) shall take into account the en9 cumbrance created by the claim for purposes of 

10 determining the value of the parcel of the Federal 

11 land. 

12 (C) VALIDITY EXAMINATION.—Nothing in 

13 this subtitle requires the United States to con14 duct a mineral examination for any mining 

15 claim on the Federal land. 

16 (4) APPROVAL.—The appraisals conducted under 

17 paragraph (1) shall be submitted to the Secretary and 

18 the State for approval. 

19 (5) DISPUTE RESOLUTION.—If, by the date that 

20 is 90 days after the date of submission of an ap21 praisal for review and approval under this subsection, 

22 the Secretary or the State do not agree to accept the 

23 findings of the appraisals with respect to one or more 

24 parcels of Federal land or non-Federal land, the dis25 pute shall be resolved in accordance with section 


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1 206(d)(2) of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1716(d)(2)). 

3 (6) DURATION.—The appraisals conducted under 

4 paragraph (1) shall remain valid until the date of the 

5 completion of the exchange authorized under this sub6 title. 

7 (7) REIMBURSEMENT OF STATE COSTS.—The 

8 Secretary shall reimburse the State in an amount 

9 equal to 50 percent of the costs incurred by the State 

10 in retaining independent appraisers under paragraph 

11 (1). 

12 (e) CONVEYANCE OF TITLE.—The land exchange au13 thorized under this subtitle shall be completed by the later 

14 of— 

15 (1) the date that is 1 year after the date of final 

16 approval by the Secretary and the State of the ap17 praisals conducted under subsection (d); and 

18 (2) the date that is 1 year after the date of com19 pletion of the dispute resolution process authorized 

20 under subsection (d)(5). 

21 (f) PUBLIC INSPECTION AND NOTICE.— 

22 (1) PUBLIC INSPECTION.—At least 30 days before 

23 the date of conveyance of the Federal land and non24 Federal land, all final appraisals and appraisal re25 views for land to be exchanged under this section shall 


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1 be available for public review at the office of the State 

2 Director of the Bureau of Land Management in the 

3 State of Utah. 

4 (2) NOTICE.—The Secretary or the State, as ap5 plicable, shall publish in a newspaper of general cir6 culation in Salt Lake County, Utah, a notice that the 

7 appraisals conducted under subsection (d) are avail8 able for public inspection. 

9 (g) EQUAL VALUE EXCHANGE.— 

10 (1) IN GENERAL.—The value of the Federal land 

11 and non-Federal land to be exchanged under this sec12 tion— 

13 (A) shall be equal; or 

14 (B) shall be made equal in accordance with 

15 paragraph (2). 

16 (2) EQUALIZATION.— 

17 (A) SURPLUS OF FEDERAL LAND.— 

18 (i) IN GENERAL.—If the value of the 

19 Federal land exceeds the value of the non20 Federal land, the value of the Federal land 

21 and non-Federal land shall be equalized by 

22 the State conveying to the United States— 

23 (I) State trust land parcel 1, as 

24 described in the assessment entitled 

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1 ronmental Assessment UT–100–06– 

2 EA’’, numbered UTU–82090, and 

3 dated March 2008; or 

4 (II) State trust land located with5 in any of the wilderness areas or na6 tional conservation areas in Wash7 ington County, Utah, established under 

8 subtitle O of title I of the Omnibus 

9 Public Land Management Act of 2009 

10 (Public Law 111–11; 123 Stat. 1075) 

11 that has an appraised value equal to 

12 the difference between— 

13 (aa) the value of the Federal 

14 land; and 

15 (bb) the value of the non-Fed16 eral land. 

17 (ii) ORDER OF CONVEYANCES.—Any 

18 non-Federal land required to be conveyed to 

19 the United States under clause (i) shall be 

20 conveyed until the value of the Federal land 

21 and non-Federal land is equalized, in the 

22 following order: 

23 (I) The State trust land parcel de24 scribed in clause (i)(I). 


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1 (II) State trust land parcels lo2 cated in the Red Cliffs National Con3 servation Area. 

4 (III) State trust land parcels lo5 cated in the Docs Pass Wilderness. 

6 (IV) State trust land parcels lo7 cated in the Beaver Dam Wash Na8 tional Conservation Area. 

9 (B) SURPLUS OF NON-FEDERAL LAND.—If 

10 the value of the non-Federal land exceeds the 

11 value of the Federal land, the value of the Fed12 eral land and the non-Federal land shall be 

13 equalized by the Secretary making a cash equali14 zation payment to the State, in accordance with 

15 section 206(b) of the Federal Land Policy Man16 agement (43 U.S.C. 1716(b)). 

17 (h) WITHDRAWAL OF FEDERAL LAND FROM MINERAL

18 ENTRY PRIOR TO EXCHANGE.—Subject to valid existing 

19 rights, the Federal land to be conveyed to the State under 

20 this section is withdrawn from mineral location, entry, and 

21 patent under the mining laws pending conveyance of the 

22 Federal land to the State. 


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1 SEC. 3024. STATUS AND MANAGEMENT OF NON-FEDERAL 

2 LAND AFTER EXCHANGE. 

3 (a) NON-FEDERAL LAND WITHIN UTAH TEST AND

4 TRAINING RANGE.—On conveyance to the United States 

5 under this subtitle, the non-Federal land located within the 

6 Utah Test and Training Range shall be managed in accord7 ance with the memorandum of agreement entered into 

8 under section 3011(a). 

9 (b) NON-FEDERAL LAND WITHIN CEDAR MOUNTAINS

10 WILDERNESS.—On conveyance to the United States under 

11 this subtitle, the non-Federal land located within the Cedar 

12 Mountains Wilderness shall, in accordance with section 

13 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 

14 1716(c)), be added to, and administered as part of, the 

15 Cedar Mountains Wilderness. 

16 SEC. 3025. HAZARDOUS MATERIALS. 

17 (a) COSTS.—Except as provided in subsection (b), the 

18 costs of remedial actions relating to hazardous materials 

19 on land acquired under this subtitle shall be paid by those 

20 entities responsible for the costs under applicable law. 

21 (b) REMEDIATION OF PRIOR TESTING AND TRAINING

22 ACTIVITY.—The Department of Defense shall bear all costs 

23 of evaluation, management, and remediation caused by the 

24 previous testing of military weapons systems and the train25 ing of military forces on non-Federal land to be conveyed 

26 to the United States under this subtitle. 


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1 Subtitle C—Highway Rights-of-way 

2 SEC. 3031. RECOGNITION AND TRANSFER OF CERTAIN 

3 HIGHWAY RIGHTS-OF-WAY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) HIGHWAY RIGHT-OF-WAY.—The term ‘‘high6 way right-of-way’’ means a right-of-way across Fed7 eral land for all county roads in the Counties of Box 

8 Elder, Tooele, and Juab, in the State of Utah, accord9 ing to official transportation map and centerline de10 scriptions of each county in existence as of March 1, 

11 2015. 

12 (2) MAP.—The term ‘‘official transportation 

13 map and centerline description’’ means— 

14 (A) the map entitled ‘‘Official Transpor15 tation Map of Box Elder County, Utah’’ and 

16 dated March 1, 2015, and accompanying center17 line description of each road on file with the 

18 Clerk of Box Elder County as of March 1, 2015; 

19 (B) the map entitled ‘‘Official Transpor20 tation Map of Tooele County’’ and dated March 

21 1, 2015, and accompanying centerline descrip22 tion of each road on file with the Clerk of Tooele 

23 County as of March 1, 2015; and 

24 (C) the map entitled ‘‘Official Transpor25 tation Map of Juab County’’ and dated March 


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1 1, 2015, and accompanying centerline descrip2 tion of each road on file with the Clerk of Juab 

3 County as of March 1, 2015. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) the Secretary of Agriculture, with re7 spect to land administered by the Chief of the 

8 Forest Service; or 

9 (B) the Secretary of the Interior, with re10 spect to land administered by the Director of the 

11 Bureau of Land Management. 

12 (b) RECOGNITION OF EXISTENCE AND VALIDITY OF

13 RIGHTS-OF-WAY.—Congress recognizes the existence and 

14 validity of each of the highway rights-of-way identified on 

15 the official transportation maps and centerline descrip16 tions. 

17 (c) CONVEYANCE OF AN EASEMENT ACROSS FEDERAL

18 LAND.— 

19 (1) BOX ELDER COUNTY, UTAH.—The Secretary 

20 shall convey, without consideration, to Box Elder 

21 County, Utah, and the State of Utah as joint tenants 

22 with undivided interests, easements for motorized 

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1 tation map and centerline description of the county 

2 described in subsection (a)(2)(A). 

3 (2) JUAB COUNTY, UTAH.—The Secretary shall 

4 convey, without consideration, to Juab County, Utah, 

5 and the State of Utah as joint tenants with undivided 

6 interests, easements for motorized travel rights-of-way 

7 across Federal land for all highways shown and de8 scribed in the official transportation map and center9 line description of the county described in subsection 

10 (a)(2)(B). 

11 (3) TOOELE COUNTY, UTAH.—The Secretary 

12 shall convey, without consideration, to Tooele County, 

13 Utah, and the State of Utah as joint tenants with un14 divided 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)(C). 

19 (d) DESCRIPTION OF FEDERAL LAND SUBJECT TO

20 EASEMENT.— 

21 (1) IN GENERAL.—All easements under sub22 section (c) shall include— 

23 (A) the current disturbed width of each sub24 ject highway as shown and described in the offiVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 00961 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 cial transportation maps and centerline descrip2 tions; and 

3 (B) any additional acreage on either side of 

4 the disturbed width that the respective county 

5 transportation department determines is nec6 essary for the efficient maintenance, repair, sign7 age, administration, and use of the Federal land 

8 subject to the easement. 

9 (2) DESCRIPTION.— 

10 (A) IN GENERAL.—The exact acreage and 

11 legal description of the Federal land subject to 

12 the easements conveyed under subsection (c) shall 

13 be— 

14 (i) as described in the centerline de15 scriptions; 

16 (ii) as referenced in the official trans17 portation maps; and 

18 (iii) as described and referenced ac19 cording to the disturbed width of each high20 way as of the date of conveyance for travel 

21 purposes, plus any reasonable additional 

22 width as may be necessary for surface 

23 maintenance, repairs, and turnaround pur24 poses. 


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1 (B) SURVEY NOT REQUIRED.—Notwith2 standing any other provision of law, the convey3 ance of easements under subsection (c) shall be 

4 effective without a survey of the exact acreage 

5 and local description of the Federal land subject 

6 to the easements. 

7 (e) RETENTION OF MAPS AND CENTERLINE DESCRIP8 TIONS.—The maps and centerline descriptions referred to 

9 in clauses (i) and (ii) of subsection (d)(2)(A) shall be on 

10 file in the appropriate office of the Secretary. 

11 (f) EXCLUSION OF CERTAIN CLASS D ROADS FROM

12 ROAD EASEMENT CONVEYANCES.—Notwithstanding the 

13 highway rights-of-way identified on the official transpor14 tation maps and centerline descriptions, this section does 

15 not apply to any class D road located within the boundaries 

16 of— 

17 (1) Cedar Mountain Wilderness Area designated 

18 by section 384(a) of the National Defense Authoriza19 tion Act for Fiscal Year 2006 (Public Law 109–163; 

20 119 Stat. 3217; 16 U.S.C. 1132 note); or 

21 (2) any wilderness study area within Box Elder 

22 County, Tooele County, or Juab County, Utah, des23 ignated in law or by administrative action. 


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1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

8 Subtitle A—National Security 

9 Programs Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

13 hereby authorized to be appropriated to the Department of 

14 Energy for fiscal year 2017 for the activities of the National 

15 Nuclear Security Administration in carrying out programs 

16 as specified in the funding table in section 4701. 

17 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

18 From funds referred to in subsection (a) that are available 

19 for carrying out plant projects, the Secretary of Energy 

20 may carry out new plant projects for the National Nuclear 

21 Security Administration as follows: 

22 Project 17–D–630, Expand Electrical Distribu23 tion System, Lawrence Livermore National Labora24 tory, Livermore, California, $25,000,000. 


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1 Project 17–D–640, U1a Complex Enhancements 

2 Project, Nevada National Security Site, Mercury, Ne3 vada, $11,500,000. 

4 Project 17–D–911, BL Fire System Upgrade, 

5 Bettis Atomic Power Laboratory, West Mifflin, Penn6 sylvania, $1,400,000. 

7 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

9 hereby authorized to be appropriated to the Department of 

10 Energy for fiscal year 2017 for defense environmental 

11 cleanup activities in carrying out programs as specified in 

12 the funding table in section 4701. 

13 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

14 From funds referred to in subsection (a) that are available 

15 for carrying out plant projects, the Secretary of Energy 

16 may carry out, for defense environmental cleanup activities, 

17 the following new plant project: 

18 Project 17–D–401, Saltstone Disposal Unit #7, 

19 Savannah River Site, Aiken, South Carolina, 

20 $9,729,000. 

21 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

22 Funds are hereby authorized to be appropriated to the 

23 Department of Energy for fiscal year 2017 for other defense 

24 activities in carrying out programs as specified in the fund25 ing table in section 4701. 


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1 SEC. 3104. NUCLEAR ENERGY. 

2 Funds are hereby authorized to be appropriated to the 

3 Department of Energy for fiscal year 2017 for nuclear en4 ergy as specified in the funding table in section 4701. 

5 Subtitle B—Program Authoriza6 tions, Restrictions, and Limita7 tions 

8 SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS 

9 OF CAPITAL ASSETS ACQUISITION PROJECTS. 

10 (a) IN GENERAL.—The Atomic Energy Defense Act (50 

11 U.S.C. 2501 et seq.) is amended by inserting after section 

12 4732 the following new section: 

13 ‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS 

14 OF CAPITAL ASSETS ACQUISITION PROJECTS. 

15 ‘‘(a) REVIEWS.—The appropriate head shall ensure 

16 that an independent entity conducts reviews of each capital 

17 assets acquisition project as the project moves toward the 

18 approval of each of critical decision 0, critical decision 1, 

19 and critical decision 2 in the acquisition process. 

20 ‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addi21 tion to any other matters, with respect to each review of 

22 a capital assets acquisition project under subsection (a) 

23 that has not reached critical decision 1 approval in the ac24 quisition process, such review shall include— 

25 ‘‘(1) a review using best practices of the analysis 

26 of alternatives for the project; and 


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1 ‘‘(2) identification of any deficiencies in such 

2 analysis of alternatives for the appropriate head to 

3 address. 

4 ‘‘(c) INDEPENDENT ENTITIES.—The appropriate head 

5 shall ensure that each review of a capital assets acquisition 

6 project under subsection (a) is conducted by an independent 

7 entity with the appropriate expertise with respect to the 

8 project and the stage in the acquisition process of the 

9 project. 

10 ‘‘(d) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘acquisition process’ means the ac12 quisition process for a project, as defined in Depart13 ment of Energy Order 413.3B (relating to project 

14 management and project management for the acquisi15 tion of capital assets), or a successor order. 

16 ‘‘(2) The term ‘appropriate head’ means— 

17 ‘‘(A) the Administrator, with respect to cap18 ital assets acquisition projects of the Administra19 tion; and 

20 ‘‘(B) the Assistant Secretary of Energy for 

21 Environmental Management, with respect to 

22 capital assets acquisition projects of the Office of 

23 Environmental Management. 

24 ‘‘(3) The term ‘capital assets acquisition project’ 

25 means a project that— 


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1 ‘‘(A) the total project cost of which is more 

2 than $500,000,000; and 

3 ‘‘(B) is covered by Department of Energy 

4 Order 413.3, or a successor order, for the acquisi5 tion of capital assets for atomic energy defense 

6 activities.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents for 

8 such Act is amended by inserting after the item relating 

9 to section 4732 the following new item: 

‘‘Sec. 4733. Independent acquisition project reviews of capital assets acquisition 

projects.’’. 

10 SEC. 3112. RESEARCH AND DEVELOPMENT OF ADVANCED 

11 NAVAL NUCLEAR FUEL SYSTEM BASED ON 

12 LOW-ENRICHED URANIUM. 

13 (a) PROHIBITION.—Except as provided in subsection 

14 (b), none of the funds authorized to be appropriated by this 

15 Act or otherwise made available for fiscal year 2017 for the 

16 Department of Energy may be obligated or expended to 

17 plan or carry out research and development of an advanced 

18 naval nuclear fuel system based on low-enriched uranium. 

19 (b) EXCEPTION.—Of the funds authorized to be appro20 priated by this Act or otherwise made available for fiscal 

21 year 2017 for defense nuclear nonproliferation, as specified 

22 in the funding table in division D, not more than 

23 $5,000,000 shall be made available to the Deputy Adminis24 trator for Naval Reactors for initial planning and early 


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1 research and development of an advanced naval nuclear fuel 

2 system based on low-enriched uranium. 

3 (c) BUDGET MATTERS.—Section 3118 of the National 

4 Defense Authorization Act for Fiscal Year 2016 (Public 

5 Law 114–92; 129 Stat. 1196) is amended— 

6 (1) by striking paragraph (2) of subsection (c) 

7 and inserting the following new paragraph: 

8 ‘‘(2) BUDGET REQUESTS.—If the Secretaries de9 termine under paragraph (1) that research and devel10 opment of an advanced naval nuclear fuel system 

11 based on low-enriched uranium should continue, the 

12 Secretaries shall ensure that each budget of the Presi13 dent submitted to Congress under section 1105(a) of 

14 title 31, United States Code, for fiscal year 2018 and 

15 each fiscal year thereafter in which such research and 

16 development is carried out includes in the budget line 

17 item for the ‘Defense Nuclear Nonproliferation’ ac18 count amounts necessary to carry out the conceptual 

19 plan under subsection (b).’’; and 

20 (2) in subsection (d), by striking ‘‘for material 

21 management and minimization’’. 

22 SEC. 3113. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 

23 (a) IN GENERAL.—Except as provided by subsection 

24 (c), using funds described in subsection (b), the Secretary 


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1 of Energy shall carry out construction and project support 

2 activities relating to the MOX facility. 

3 (b) FUNDS DESCRIBED.—The funds described in this 

4 subsection are the following: 

5 (1) Funds authorized to be appropriated by this 

6 Act or otherwise made available for fiscal year 2017 

7 for the National Nuclear Security Administration for 

8 the MOX facility for construction and project support 

9 activities. 

10 (2) Funds authorized to be appropriated for a 

11 fiscal year prior to fiscal year 2017 for the National 

12 Nuclear Security Administration for the MOX facility 

13 for construction and project support activities that 

14 are unobligated as of the date of the enactment of this 

15 Act. 

16 (c) WAIVER.—The Secretary may waive the require17 ment in subsection (a) to carry out construction and project 

18 support activities relating to the MOX facility if— 

19 (1) the Secretary submits to the congressional de20 fense committees— 

21 (A) an updated performance baseline for 

22 construction and project support activities relat23 ing to the MOX facility as required by section 

24 3119(b) of the National Defense Authorization 


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1 Act for Fiscal Year 2016 (Public Law 114–92; 

2 129 Stat. 1197); 

3 (B) notification that the Secretary has 

4 sought to enter into consultations with any rel5 evant State or government of a foreign country 

6 necessary to pursue an alternative option for 

7 carrying out the plutonium disposition program, 

8 including a comprehensive description of the sta9 tus of such consultations and a detailed plan 

10 and schedule for concluding such consultations; 

11 (C) the commitment of the Secretary to re12 move plutonium from South Carolina and en13 sure a sustainable future for the Savannah River 

14 Site; and 

15 (D) either— 

16 (i) notification that the prime con17 tractor of the MOX facility has not sub18 mitted a proposal, during the three-month 

19 period following the date on which the Sec20 retary requests such a proposal, for a fixed21 price contract for completing construction 

22 and project support activities for the MOX 

23 facility; or 

24 (ii) certification that such proposal is 

25 materially deficient or non-responsive, or 


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1 that an alternative option for carrying out 

2 the plutonium disposition program exists 

3 and the total lifecycle cost of such alter4 native option would be less than approxi5 mately half of the estimated remaining total 

6 lifecycle cost of the mixed-oxide fuel pro7 gram; and 

8 (2) a period of 15 days has elapsed following the 

9 date of such submission. 

10 (d) DEFINITIONS.—In this section: 

11 (1) The term ‘‘MOX facility’’ means the mixed12 oxide fuel fabrication facility at the Savannah River 

13 Site, Aiken, South Carolina. 

14 (2) The term ‘‘project support activities’’ means 

15 activities that support the design, long-lead equip16 ment procurement, and site preparation of the MOX 

17 facility. 

18 SEC. 3114. DESIGN BASIS THREAT. 

19 (a) UPDATE TO ORDER.—Not later than August 31, 

20 2016, the Secretary of Energy shall update Department of 

21 Energy Order 470.3B relating to the design basis threat for 

22 protecting nuclear weapons, special nuclear material, and 

23 other critical assets in the custody of the Department of En24 ergy. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that— 

3 (1) the intelligence community (as defined in 

4 section 3(4) of the National Security Act of 1947 (50 

5 U.S.C. 3003(4)) should promulgate regular, biannual 

6 updates to the Nuclear Security Threat Capabilities 

7 Assessment to better inform nuclear security postures 

8 within the Department of Defense and the Depart9 ment of Energy; 

10 (2) the Department of Defense and the Depart11 ment of Energy should closely, and in real-time, track 

12 and assess national, regional, and local threats to the 

13 defense nuclear facilities of the respective Depart14 ments; and 

15 (3) the Department of Defense and the Depart16 ment of Energy should regularly review assessments 

17 and other input provided by activities described in 

18 paragraphs (1) and (2) and adjust security postures 

19 accordingly. 

20 SEC. 3115. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

21 PROVISION OF CERTAIN ASSISTANCE TO RUS22 SIAN FEDERATION. 

23 (a) PROHIBITION.— 

24 (1) IN GENERAL.—None of the funds described in 

25 paragraph (2) may be obligated or expended to enter 


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1 into a contract with, or otherwise provide assistance 

2 to, the Russian Federation. 

3 (2) FUNDS DESCRIBED.—The funds described in 

4 this paragraph are the following: 

5 (A) Funds authorized to be appropriated by 

6 this Act or otherwise made available for fiscal 

7 year 2017 for atomic energy defense activities. 

8 (B) Funds authorized to be appropriated or 

9 otherwise made available for a fiscal year prior 

10 to fiscal year 2017 for atomic energy defense ac11 tivities that are unobligated as of the date of the 

12 enactment of this Act. 

13 (b) WAIVER.—The Secretary of Energy, without dele14 gation, may waive the prohibition in subsection (a)(1) 

15 only— 

16 (1) to meet requirements the Secretary deter17 mines to be new and emergency in nature; and 

18 (2) if— 

19 (A) the Secretary submits to the appro20 priate congressional committees a report con21 taining— 

22 (i) a notification that such a waiver is 

23 in the national security interest of the 

24 United States; 


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1 (ii) justification for such a waiver, in2 cluding an explanation of how meets the re3 quirements under paragraph (1); and 

4 (iii) a certification that there is no 

5 backlog of deferred maintenance with re6 spect to physical security equipment and re7 lated infrastructure at each Department of 

8 Energy defense nuclear facility; and 

9 (B) a period of 15 days elapses following 

10 the date on which the Secretary submits such re11 port. 

12 (c) DEFINITIONS.—In this section: 

13 (1) The term ‘‘appropriate congressional com14 mittees’’ means the following: 

15 (A) The congressional defense committees. 

16 (B) The Committee on Foreign Relations of 

17 the Senate and the Committee on Foreign Affairs 

18 of the House of Representatives. 

19 (2) The term ‘‘Department of Energy defense nu20 clear facility’’ has the meaning given that term in 

21 section 318 of the Atomic Energy Act of 1954 (42 

22 U.S.C. 2286g). 


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1 SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 FEDERAL SALARIES AND EXPENSES. 

3 Of the funds authorized to be appropriated by this Act 

4 or otherwise made available for fiscal year 2017 for the Na5 tional Nuclear Security Administration for defense-related 

6 Federal salaries and expenses, not more than 90 percent 

7 may be obligated or expended until the date on which the 

8 Secretary of Energy submits to the congressional defense 

9 committees and the congressional intelligence committees 

10 the following: 

11 (1) The updated plan on the designing and 

12 building of prototypes of nuclear weapons that is re13 quired to be developed by not later than the same time 

14 as the budget of the President for fiscal year 2018 

15 pursuant to paragraphs (2) and (3)(B) of section 

16 4509(a) of the Atomic Energy Defense Act (50 U.S.C. 

17 2660(a)(2)). 

18 (2) A description of the determination of the Sec19 retary under paragraph (4)(B) of such section with 

20 respect to the manner in which the designing and 

21 building of prototypes of nuclear weapons is carried 

22 out under such updated plan. 


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1 SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DEFENSE ENVIRONMENTAL CLEANUP PRO3 GRAM DIRECTION. 

4 Of the funds authorized to be appropriated by this Act 

5 or otherwise made available for fiscal year 2017 for defense 

6 environmental cleanup for program direction, not more 

7 than 90 percent may be obligated or expended until the date 

8 on which the Secretary of Energy submits to Congress the 

9 future-years defense environmental cleanup plan required 

10 to be submitted during 2017 under section 4402A of the 

11 Atomic Energy Defense Act (50 U.S.C. 2582A). 

12 SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR 

13 ACCELERATION OF NUCLEAR WEAPONS DIS14 MANTLEMENT. 

15 (a) LIMITATION ON MAXIMUM AMOUNT FOR DIS16 MANTLEMENT.—Of the funds authorized to be appropriated 

17 by this Act or otherwise made available for any of fiscal 

18 years 2017 through 2021 for the National Nuclear Security 

19 Administration, not more than $56,000,000 may be obli20 gated or expended in each such fiscal year to carry out the 

21 nuclear weapons dismantlement and disposition activities 

22 of the Administration. 

23 (b) LIMITATION ON ACCELERATION OF DISMANTLE24 MENT ACTIVITIES.—Except as provided by subsection (d), 

25 none of the funds authorized to be appropriated by this Act 

26 or otherwise made available for any of fiscal years 2017 


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1 through 2021 for the National Nuclear Security Adminis2 tration may be obligated or expended to accelerate the nu3 clear weapons dismantlement activities of the Administra4 tion to a rate that exceeds the rate described in the Stockpile 

5 Stewardship and Management Plan schedule. 

6 (c) LIMITATION ON DISMANTLEMENT OF CERTAIN

7 CRUISE MISSILE WARHEADS.—Except as provided by sub8 section (d), none of the funds authorized to be appropriated 

9 by this Act or otherwise made available for any of fiscal 

10 years 2017 through 2021 for the National Nuclear Security 

11 Administration may be obligated or expended to dismantle 

12 or dispose a W84 nuclear weapon. 

13 (d) EXCEPTION.—The limitations in subsection (b) 

14 and (c) shall not apply to the following: 

15 (1) The dismantlement of a nuclear weapon not 

16 covered by the Stockpile Stewardship and Manage17 ment Plan schedule if the Administrator for Nuclear 

18 Security certifies, in writing, to the congressional de19 fense committees that— 

20 (A) the components of the nuclear weapon 

21 are directly required for the purposes of a cur22 rent life extension program; or 

23 (B) such dismantlement is necessary to con24 duct maintenance or surveillance of the nuclear 


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1 weapons stockpile or to ensure the safety or reli2 ability of the nuclear weapons stockpile. 

3 (2) The dismantlement of a nuclear weapon if 

4 the President certifies, in writing, to the congressional 

5 defense committees that— 

6 (A) such dismantlement is being carried out 

7 pursuant to a nuclear arms reduction treaty or 

8 similar international agreement that requires 

9 such dismantlement; and 

10 (B) such treaty or similar international 

11 agreement— 

12 (i) has entered into force after the date 

13 of the enactment of this Act; and 

14 (ii) was approved— 

15 (I) with the advice and consent of 

16 the Senate pursuant to Article II, sec17 tion 2, clause 2 of the Constitution 

18 after the date of the enactment of this 

19 Act; or 

20 (II) by an Act of Congress, as de21 scribed in section 303(b) of the Arms 

22 Control and Disarmament Act (22 

23 U.S.C. 2573(b)). 

24 (e) STOCKPILE STEWARDSHIP AND MANAGEMENT

25 PLAN SCHEDULE DEFINED.—In this section, the term 


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1 ‘‘Stockpile Stewardship and Management Plan schedule’’ 

2 means the schedule described in table 2–7 of the annex of 

3 the report titled ‘‘Fiscal Year 2016 Stockpile Stewardship 

4 and Management Plan’’ submitted in March 2015 by the 

5 Administrator for Nuclear Security to the congressional de6 fense committees under section 4203(b)(2) of the Atomic En7 ergy Defense Act (50 U.S.C. 2523(b)(2)). 

8 SEC. 3119. ANNUAL CERTIFICATION OF SHIPMENTS TO 

9 WASTE ISOLATION PILOT PLANT. 

10 (a) ANNUAL CERTIFICATION.—During the five-year 

11 period beginning on the date of the enactment of this Act, 

12 not later than February 1 of each year, the Secretary of 

13 Energy shall certify to the congressional defense committees 

14 the following, with respect to the year covered by the certifi15 cation: 

16 (1) The covered contractors have certified to the 

17 Administrator for Nuclear Security that the covered 

18 contractors are aware of the contents of each con19 tainer shipped by the covered contractors to the Waste 

20 Isolation Pilot Plant, Carlsbad, New Mexico, in suffi21 cient detail to ensure that the container is handled 

22 properly to prevent the release of radiation or con23 tamination. 

24 (2) The Administrator is aware of the contents 

25 of each container shipped by the Administrator or 


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1 covered contractors to the Waste Isolation Pilot Plant, 

2 Carlsbad, New Mexico, in such sufficient detail. 

3 (3) The Assistant Secretary of Energy for Envi4 ronmental Management is aware of the contents of 

5 each container shipped from a clean-up site to the 

6 Waste Isolation Pilot Plant in such sufficient detail. 

7 (b) COVERED CONTRACTORS DEFINED.—In this sec8 tion, the term ‘‘covered contractors’’ means each manage9 ment and operating contractor of a national security lab10 oratory or nuclear weapons production facility (as such 

11 terms are defined in section 4002 of the Atomic Energy De12 fense Act (50 U.S.C. 2501) that ships materials to the Waste 

13 Isolation Pilot Plant, Carlsbad, New Mexico. 

14 Subtitle C—Plans and Reports 

15 SEC. 3121. CLARIFICATION OF ANNUAL REPORT AND CER16 TIFICATION ON STATUS OF SECURITY OF 

17 ATOMIC ENERGY DEFENSE FACILITIES. 

18 Section 4506(b)(1)(B) of the Atomic Energy Defense 

19 Act (50 U.S.C. 2657) is amended to read as follows: 

20 ‘‘(B) written certification that such facilities are 

21 secure and that the security measures at such facili22 ties meet the security standards and requirements of 

23 the Department of Energy.’’. 


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1 SEC. 3122. ANNUAL REPORT ON SERVICE SUPPORT CON2 TRACTS OF THE NATIONAL NUCLEAR SECU3 RITY ADMINISTRATION. 

4 Section 3241A(f) of the National Nuclear Security Ad5 ministration Act (50 U.S.C. 2441a(f)) is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(5) With respect to each contract identified 

8 under paragraph (2)— 

9 ‘‘(A) the cost of the contract; and 

10 ‘‘(B) identification of the program or pro11 gram direction accounts that support the con12 tract.’’. 

13 SEC. 3123. REPEAL OF CERTAIN REPORTING REQUIRE14 MENTS. 

15 (a) REPORTS ON PLAN TO PROTECT AGAINST INAD16 VERTENT RELEASE OF RESTRICTED DATA AND FORMERLY

17 RESTRICTED DATA.—Section 4522 of the Atomic Energy 

18 Defense Act (50 U.S.C. 2672) is amended— 

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

20 (2) by redesignating subsection (f) as subsection 

21 (e). 

22 (b) GAO REPORT ON PROGRAM ON SCIENTIFIC EN23 GAGEMENT FOR NONPROLIFERATION.—Section 3122 of the 

24 National Defense Authorization Act for Fiscal Year 2013 

25 (Public Law 112–239; 50 U.S.C. 2571 note), as amended 

26 by section 3125 of the National Defense Authorization Act 


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1 for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1063), 

2 is further amended— 

3 (1) in subsection (b)(1), by striking ‘‘, and to the 

4 Comptroller General of the United States,’’; 

5 (2) by striking subsection (e); and 

6 (3) by redesignating subsections (f) and (g) as 

7 subsections (e) and (f), respectively. 

8 SEC. 3124. INDEPENDENT ASSESSMENT OF TECHNOLOGY 

9 DEVELOPMENT UNDER DEFENSE ENVIRON10 MENTAL CLEANUP PROGRAM. 

11 (a) ASSESSMENT.—Not later than 60 days after the 

12 date of the enactment of this Act, the Secretary of Energy 

13 shall seek to enter into an agreement with the National 

14 Academy of Sciences to conduct an independent assessment 

15 of the technology development efforts of the defense environ16 mental cleanup program of the Department of Energy. 

17 (b) ELEMENTS.—The assessment under subsection (a) 

18 shall include the following: 

19 (1) A review of the technology development efforts 

20 of the defense environmental cleanup program of the 

21 Department of Energy, including an assessment of the 

22 process by which the Secretary identifies and chooses 

23 technologies to pursue under the program. 


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1 (2) A comprehensive review and assessment of 

2 technologies or alternative approaches to defense envi3 ronmental cleanup efforts that could— 

4 (A) reduce the long-term costs of such ef5 forts; 

6 (B) accelerate schedules for carrying out 

7 such efforts; 

8 (C) mitigate uncertainties, vulnerabilities, 

9 or risks relating to such efforts; or 

10 (D) otherwise significantly improve the de11 fense environmental cleanup program. 

12 (c) SUBMISSION.—Not later than September 30, 2017, 

13 the National Academy of Sciences shall submit to the con14 gressional defense committees and the Secretary a report on 

15 the assessment under subsection (a). 

16 SEC. 3125. UPDATED PLAN FOR VERIFICATION AND MONI17 TORING OF PROLIFERATION OF NUCLEAR 

18 WEAPONS AND FISSILE MATERIAL. 

19 (a) UPDATED PLAN.— 

20 (1) TRANSMISSION.—Not later than 90 days 

21 after the date of the enactment of this Act, the Presi22 dent shall transmit to the appropriate congressional 

23 committees a comprehensive and detailed update to 

24 the plan developed under section 3133(a) of the Carl 

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1 fense Authorization Act for Fiscal Year 2015 (Public 

2 Law 113–291; 128 Stat. 3896) with respect to 

3 verification and monitoring relating to the potential 

4 proliferation of nuclear weapons, components of such 

5 weapons, and fissile material. 

6 (2) FORM.—The updated plan under paragraph 

7 (1) shall be transmitted in unclassified form, but may 

8 include a classified annex. 

9 (b) LIMITATION.—Of the funds authorized to be appro10 priated by this Act or otherwise made available for fiscal 

11 year 2017 for the Department of Defense for supporting the 

12 Executive Office of the President, $10,000,000 may not be 

13 obligated or expended until the date on which the President 

14 transmits to the appropriate congressional committees the 

15 updated plan under subsection (a)(1). 

16 (c) BRIEFING.—Not later than 30 days after the date 

17 of the enactment of this Act, the President shall provide to 

18 the Committees on Armed Services of the House of Rep19 resentatives and the Senate (and any other appropriate 

20 congressional committee upon request) an interim briefing 

21 on the updated plan under subsection (a)(1). 

22 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means the following: 

25 (1) The congressional defense committees. 


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1 (2) The Permanent Select Committee on Intel2 ligence of the House of Representatives and the Select 

3 Committee on Intelligence of the Senate. 

4 (3) The Committee on Foreign Affairs of the 

5 House of Representatives and the Committee on For6 eign Relations of the Senate. 

7 (4) The Committee on Homeland Security of the 

8 House of Representatives and the Committee on 

9 Homeland Security and Governmental Affairs of the 

10 Senate. 

11 (5) The Committee on Energy and Commerce of 

12 the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate. 

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY 

16 BOARD 

17 SEC. 3201. AUTHORIZATION. 

18 There are authorized to be appropriated for fiscal year 

19 2017, $31,000,000 for the operation of the Defense Nuclear 

20 Facilities Safety Board under chapter 21 of the Atomic En21 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 


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1 TITLE XXXIII—NUCLEAR ENERGY 

2 INNOVATION CAPABILITIES 

3 SEC. 3301. SHORT TITLE. 

4 This title may be cited as the ‘‘Nuclear Energy Innova5 tion Capabilities Act’’. 

6 SEC. 3302. NUCLEAR ENERGY. 

7 Section 951 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16271) is amended to read as follows: 

9 ‘‘SEC. 951. NUCLEAR ENERGY. 

10 ‘‘(a) MISSION.—The Secretary shall conduct programs 

11 of civilian nuclear research, development, demonstration, 

12 and commercial application, including activities in this 

13 subtitle. Such programs shall take into consideration the 

14 following objectives: 

15 ‘‘(1) Providing research infrastructure to pro16 mote scientific progress and enable users from aca17 demia, the National Laboratories, and the private sec18 tor to make scientific discoveries relevant for nuclear, 

19 chemical, and materials science engineering. 

20 ‘‘(2) Maintaining National Laboratory and uni21 versity nuclear energy research and development pro22 grams, including their infrastructure. 

23 ‘‘(3) Providing the technical means to reduce the 

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1 creasing confidence margins for public safety of nu2 clear energy systems. 

3 ‘‘(4) Reducing the environmental impact of nu4 clear energy related activities. 

5 ‘‘(5) Supporting technology transfer from the 

6 National Laboratories to the private sector. 

7 ‘‘(6) Enabling the private sector to partner with 

8 the National Laboratories to demonstrate novel reac9 tor concepts for the purpose of resolving technical un10 certainty associated with the aforementioned objec11 tives in this subsection. 

12 ‘‘(b) DEFINITIONS.—In this subtitle: 

13 ‘‘(1) ADVANCED FISSION REACTOR.—The term 

14 ‘advanced fission reactor’ means a nuclear fission re15 actor with significant improvements over the most re16 cent generation of nuclear reactors, which may in17 clude inherent safety features, lower waste yields, 

18 greater fuel utilization, superior reliability, resistance 

19 to proliferation, and increased thermal efficiency. 

20 ‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 

21 means a neutron with kinetic energy above 100 

22 kiloelectron volts. 

23 ‘‘(3) NATIONAL LABORATORY.—The term ‘Na24 tional Laboratory’ has the meaning given that term 

25 in paragraph (3) of section 2, except that with respect 


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1 to subparagraphs (G), (H), and (N) of such para2 graph, for purposes of this subtitle the term includes 

3 only the civilian activities thereof. 

4 ‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 

5 means the intensity of neutron radiation measured as 

6 a rate of flow of neutrons applied over an area. 

7 ‘‘(5) NEUTRON SOURCE.—The term ‘neutron 

8 source’ means a research machine that provides neu9 tron irradiation services for research on materials 

10 sciences and nuclear physics as well as testing of ad11 vanced materials, nuclear fuels, and other related 

12 components for reactor systems.’’. 

13 SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS. 

14 Section 952 of the Energy Policy Act of 2005 (42 

15 U.S.C. 16272) is amended— 

16 (1) by striking subsection (c); and 

17 (2) by redesignating subsections (d) and (e) as 

18 subsections (c) and (d), respectively. 

19 SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE. 

20 Section 953(a) of the Energy Policy Act of 2005 (42 

21 U.S.C. 16273(a)) is amended by striking ‘‘, acting through 

22 the Director of the Office of Nuclear Energy, Science and 

23 Technology,’’. 


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1 SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER2 ING SUPPORT. 

3 Section 954(d)(4) of the Energy Policy Act of 2005 (42 

4 U.S.C. 16274(d)(4)) is amended by striking ‘‘as part of a 

5 taking into consideration effort that emphasizes’’ and in6 serting ‘‘that emphasize’’. 

7 SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR IN8 FRASTRUCTURE AND FACILITIES. 

9 Section 955 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16275) is amended— 

11 (1) by striking subsections (c) and (d); and 

12 (2) by adding at the end the following: 

13 ‘‘(c) VERSATILE NEUTRON SOURCE.— 

14 ‘‘(1) MISSION NEED.—Not later than December 

15 31, 2016, the Secretary shall determine the mission 

16 need for a versatile reactor-based fast neutron source, 

17 which shall operate as a national user facility. Dur18 ing this process, the Secretary shall consult with the 

19 private sector, universities, National Laboratories, 

20 and relevant Federal agencies to ensure that this user 

21 facility will meet the research needs of the largest pos22 sible majority of prospective users. 

23 ‘‘(2) ESTABLISHMENT.—Upon the determination 

24 of mission need made under paragraph (1), the Sec25 retary shall, as expeditiously as possible, provide to 

26 the Committee on Science, Space, and Technology of 


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1 the House of Representatives and the Committee on 

2 Energy and Natural Resources of the Senate a de3 tailed plan for the establishment of the user facility. 

4 ‘‘(3) FACILITY REQUIREMENTS.— 

5 ‘‘(A) CAPABILITIES.—The Secretary shall 

6 ensure that this user facility will provide, at a 

7 minimum, the following capabilities: 

8 ‘‘(i) Fast neutron spectrum irradiation 

9 capability. 

10 ‘‘(ii) Capacity for upgrades to accom11 modate new or expanded research needs. 

12 ‘‘(B) CONSIDERATIONS.—In carrying out 

13 the plan provided under paragraph (2), the Sec14 retary shall consider the following: 

15 ‘‘(i) Capabilities that support experi16 mental high-temperature testing. 

17 ‘‘(ii) Providing a source of fast neu18 trons at a neutron flux, higher than that at 

19 which current research facilities operate, 

20 sufficient to enable research for an optimal 

21 base of prospective users. 

22 ‘‘(iii) Maximizing irradiation flexi23 bility and irradiation volume to accommo24 date as many concurrent users as possible. 


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1 ‘‘(iv) Capabilities for irradiation with 

2 neutrons of a lower energy spectrum. 

3 ‘‘(v) Multiple loops for fuels and mate4 rials testing in different coolants. 

5 ‘‘(vi) Additional pre-irradiation and 

6 post-irradiation examination capabilities. 

7 ‘‘(vii) Lifetime operating costs and 

8 lifecycle costs. 

9 ‘‘(4) REPORTING PROGRESS.—The Department 

10 shall, in its annual budget requests, provide an expla11 nation for any delay in its progress and otherwise 

12 make every effort to complete construction and ap13 prove the start of operations for this facility by De14 cember 31, 2025. 

15 ‘‘(5) COORDINATION.—The Secretary shall lever16 age the best practices for management, construction, 

17 and operation of national user facilities from the Of18 fice of Science.’’. 

19 SEC. 3307. SECURITY OF NUCLEAR FACILITIES. 

20 Section 956 of the Energy Policy Act of 2005 (42 

21 U.S.C. 16276) is amended by striking ‘‘, acting through the 

22 Director of the Office of Nuclear Energy, Science and Tech23 nology,’’. 


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1 SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUP2 PORTIVE RESEARCH. 

3 Section 957 of the Energy Policy Act of 2005 (42 

4 U.S.C. 16277) is amended to read as follows: 

5 ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP6 PORTIVE RESEARCH. 

7 ‘‘(a) MODELING AND SIMULATION.—The Secretary 

8 shall carry out a program to enhance the Nation’s capabili9 ties to develop new reactor technologies through high-per10 formance computation modeling and simulation techniques. 

11 This program shall coordinate with relevant Federal agen12 cies through the National Strategic Computing Initiative 

13 created under Executive Order No. 13702 (July 29, 2015) 

14 while taking into account the following objectives: 

15 ‘‘(1) Utilizing expertise from the private sector, 

16 universities, and National Laboratories to develop 

17 computational software and capabilities that prospec18 tive users may access to accelerate research and devel19 opment of advanced fission reactor systems, nuclear 

20 fusion systems, and reactor systems for space explo21 ration. 

22 ‘‘(2) Developing computational tools to simulate 

23 and predict nuclear phenomena that may be vali24 dated through physical experimentation. 

25 ‘‘(3) Increasing the utility of the Department’s 

26 research infrastructure by coordinating with the AdVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 00993 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 vanced Scientific Computing Research program with2 in the Office of Science. 

3 ‘‘(4) Leveraging experience from the Energy In4 novation Hub for Modeling and Simulation. 

5 ‘‘(5) Ensuring that new experimental and com6 putational tools are accessible to relevant research 

7 communities. 

8 ‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec9 retary shall consider support for additional research activi10 ties to maximize the utility of its research facilities, includ11 ing physical processes to simulate degradation of materials 

12 and behavior of fuel forms and for validation of computa13 tional tools.’’. 

14 SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION. 

15 Subtitle E of title IX of the Energy Policy Act of 2005 

16 (42 U.S.C. 16271 et seq.) is amended by adding at the end 

17 the following: 

18 ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 

19 ‘‘(a) NATIONAL REACTOR INNOVATION CENTER.—The 

20 Secretary shall carry out a program to enable the testing 

21 and demonstration of reactor concepts to be proposed and 

22 funded by the private sector. The Secretary shall leverage 

23 the technical expertise of relevant Federal agencies and Na24 tional Laboratories in order to minimize the time required 

25 to enable construction and operation of privately funded exVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 00994 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 perimental reactors at National Laboratories or other De2 partment-owned sites. Such reactors shall operate to meet 

3 the following objectives: 

4 ‘‘(1) Enabling physical validation of novel reac5 tor concepts. 

6 ‘‘(2) Resolving technical uncertainty and in7 creasing practical knowledge relevant to safety, resil8 ience, security, and functionality of first-of-a-kind re9 actor concepts. 

10 ‘‘(3) General research and development to im11 prove nascent technologies. 

12 ‘‘(b) REPORTING REQUIREMENT.—Not later than 180 

13 days after the date of enactment of the Nuclear Energy In14 novation Capabilities Act, the Secretary, in consultation 

15 with the National Laboratories, relevant Federal agencies, 

16 and other stakeholders, shall transmit to the Committee on 

17 Science, Space, and Technology of the House of Representa18 tives and the Committee on Energy and Natural Resources 

19 of the Senate a report assessing the Department’s capabili20 ties to authorize, host, and oversee privately funded fusion 

21 and advanced fission experimental reactors as described 

22 under subsection (a). The report shall address the following: 

23 ‘‘(1) The Department’s oversight capabilities, in24 cluding options to leverage expertise from the Nuclear 

25 Regulatory Commission and National Laboratories. 


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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 re6 search and development agreements, strategic partner7 ship projects, and agreements for commercializing 

8 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 identified 

13 by the Secretary.’’. 

14 SEC. 3310. BUDGET PLAN. 

15 (a) IN GENERAL.—Subtitle E of title IX of the Energy 

16 Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further 

17 amended by adding at the end the following: 

18 ‘‘SEC. 959. BUDGET PLAN. 

19 ‘‘Not later than 12 months after the date of enactment 

20 of the Nuclear Energy Innovation Capabilities Act, the De21 partment shall transmit to the Committee on Science, 

22 Space, and Technology of the House of Representatives and 

23 the Committee on Energy and Natural Resources of the Sen24 ate 2 alternative 10-year budget plans for civilian nuclear 

25 energy research and development by the Department. The 


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1 first shall assume constant annual funding for 10 years at 

2 the appropriated level for the Department’s civilian nuclear 

3 energy research and development for fiscal year 2016. The 

4 second shall be an unconstrained budget. The two plans 

5 shall include— 

6 ‘‘(1) a prioritized list of the Department’s pro7 grams, projects, and activities to best support the de8 velopment of next generation nuclear energy tech9 nology; 

10 ‘‘(2) realistic budget requirements for the De11 partment to implement sections 955(c), 957, and 958 

12 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 than 

17 6 months after the date of enactment of this title, the Sec18 retary of the Department of Energy shall transmit to the 

19 Committee on Science, Space, and Technology of the House 

20 of Representatives and the Committee on Energy and Nat21 ural Resources of the Senate a report that will identify en22 gineering designs for innovative fusion energy systems that 

23 have the potential to demonstrate net energy production not 

24 later than 15 years after the start of construction. In this 

25 report, the Secretary will identify budgetary requirements 


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1 that would be necessary for the Department to carry out 

2 a fusion innovation initiative to accelerate research and de3 velopment of these designs. 

4 SEC. 3311. CONFORMING AMENDMENTS. 

5 The table of contents for the Energy Policy Act of 2005 

6 is amended by striking the item relating to section 957 and 

7 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 fiscal 

13 year 2017 for the purpose of carrying out activities under 

14 chapter 641 of title 10, United States Code, relating to the 

15 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 fis24 cal year 2017, to be available without fiscal year limitation 


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1 if so provided in appropriations Acts, for the use of the De2 partment of Transportation for Maritime Administration 

3 programs associated with maintaining the United States 

4 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 in 

14 the National Defense Reserve Fleet, $20,000,000, to 

15 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 chap19 ter 531 of title 46, United States Code, $299,997,000. 

20 SEC. 3502. AUTHORITY TO MAKE PRO RATA ANNUAL PAY21 MENTS UNDER OPERATING AGREEMENTS 

22 FOR VESSELS PARTICIPATING IN MARITIME 

23 SECURITY FLEET. 

24 Section 53106(d) of title 46, United States Code, is 

25 amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (2); 

3 (2) by striking the period at the end of para4 graph (3) and inserting ‘‘; and’’; and 

5 (3) by adding at the end following: 

6 ‘‘(4) may make a pro rata reduction in payment 

7 if sufficient funds have not been appropriated to pay 

8 the full annual payment authorized in subsection 

9 (a).’’. 

10 SEC. 3503. AUTHORITY TO EXTEND CERTAIN AGE RESTRIC11 TIONS RELATING TO VESSELS IN THE MARI12 TIME SECURITY FLEET. 

13 (a) AUTHORITY.— 

14 (1) IN GENERAL.—Section 53102 of title 46, 

15 United States Code, is amended by adding at the end 

16 the following: 

17 ‘‘(g) AUTHORITY TO EXTEND MAXIMUM SERVICE AGE

18 FOR VESSEL.—The Secretary of Defense, in conjunction 

19 with the Secretary of Transportation, may, for a particular 

20 participating fleet vessel, extend the maximum age restric21 tions under section 53101(5)(A)(ii) and section 53106(c)(3) 

22 for a period of up to 5 years if the Secretaries jointly deter23 mine that it is in the national interest to do so.’’. 

24 (2) CONFORMING AMENDMENT.—The heading of 

25 subsection (f) of such section is amended to read as 


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1 follows: ‘‘AUTHORITY TO WAIVE AGE RESTRICTION

2 FOR ELIGIBILITY OF A VESSEL TO BE INCLUDED IN

3 FLEET.—’’. 

4 (b) REPEAL OF REDUNDANT AGE LIMITATION.—Sec5 tion 53106(c)(3) of such title is amended— 

6 (1) in subparagraph (A), by striking ‘‘or (C);’’ 

7 and inserting ‘‘; or’’; 

8 (2) in subparagraph (B), by striking ‘‘; or’’ and 

9 inserting a period; and 

10 (3) by striking subparagraph (C). 

11 SEC. 3504. CORRECTIONS TO PROVISIONS ENACTED BY 

12 COAST GUARD AUTHORIZATION ACTS. 

13 (a) SHORT TITLE CORRECTION.—The Coast Guard 

14 Authorization Act of 2015 (Public Law 114–120) is amend15 ed by striking ‘‘Coast Guard Authorization Act of 2015’’ 

16 each place it appears (including in quoted material) and 

17 inserting ‘‘Coast Guard Authorization Act of 2016’’. 

18 (b) TITLE 46, U.S.C..— 

19 (1) Section 7510 of title 46, United States Code, 

20 is amended— 

21 (A) in subsection (c)(1)(D), by striking ‘‘en22 gine’’ and inserting ‘‘engineer’’; and 

23 (B) in subsection (c)(9), by inserting a pe24 riod after ‘‘App’’; 


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1 (2) Section 4503(f)(2) of title 46, United States 

2 Code, is amended by striking ‘‘, that’’ and inserting 

3 ‘‘, then’’. 

4 (c) PROVISIONS RELATING TO THE PRIBILOF IS5 LANDS.— 

6 (1) SHORT TITLE CORRECTION.—Section 521 of 

7 the Coast Guard Authorization Act of 2016 (Public 

8 Law 114–120), as amended by subsection (a), is fur9 ther amended by striking ‘‘2015’’ and inserting 

10 ‘‘2016’’. 

11 (2) CONFORMING AMENDMENT.—Section 

12 105(e)(1) of the Pribilof Islands Transition Act (16 

13 U.S.C. 1161 note; Public Law 106–562) is amended 

14 by striking ‘‘2015’’ and inserting ‘‘2016’’. 

15 (3) TECHNICAL CORRECTION.—Section 522(b)(2) 

16 of the Coast Guard Authorization Act of 2016 (Public 

17 Law 114–120), as amended by subsection (a), is fur18 ther amended by striking ‘‘subsection (a)’’ and insert19 ing ‘‘paragraph (1)’’. 

20 (d) TITLE 14, UNITED STATES CODE.— 

21 (1) REDISTRIBUTION OF AUTHORIZATIONS OF

22 APPROPRIATIONS.—Section 2702 of title 14, United 

23 States Code, is amended— 


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1 (A) in paragraph (1)(B), by striking 

2 ‘‘$6,981,036,000’’ and inserting 

3 ‘‘$6,986,815,000’’; and 

4 (B) in paragraph (3)(B), by striking 

5 ‘‘$140,016,000’’ and inserting ‘‘$134, 237,000’’. 

6 (2) CLERICAL AMENDMENT.—The analysis at the 

7 beginning of part III of title 14, United States Code, 

8 is amended by striking the period at the end of the 

9 item relating to chapter 29. 

10 (e) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect as if included in the enactment of 

12 Public Law 114–120. 

13 SEC. 3505. STATUS OF NATIONAL DEFENSE RESERVE FLEET 

14 VESSELS. 

15 Section 11 of the Merchant Ship Sales Act of 1946 (50 

16 U.S.C. 4405) is amended— 

17 (1) in subsection (a), by adding at the end the 

18 following: ‘‘Vessels in the National Defense Reserve 

19 Fleet, including vessels loaned to State Maritime 

20 Academies, shall be considered public vessels of the 

21 United States.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(g) VESSEL STATUS.—A vessel in the National De24 fense Reserve Fleet determined by the Maritime Adminis25 tration to be of insufficient value to remain in the National 


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1 Defense Reserve Fleet shall remain a vessel within the 

2 meaning of that term in section 3 of title 1 and subject 

3 to the rights and responsibilities of a vessel under admiralty 

4 law at least until such time as the vessel is delivered to 

5 a dismantling facility or is disposed of otherwise from the 

6 National Defense Reserve Fleet.’’. 

7 SEC. 3506. NDRF NATIONAL SECURITY MULTI-MISSION VES8 SEL. 

9 (a) IN GENERAL.—Subject to the availability of appro10 priations for fiscal year 2017 and each fiscal year there11 after, the Maritime Administrator shall seek to contract for 

12 construction of a national security multi-mission vessel for 

13 the National Defense Reserve Fleet for— 

14 (1) use as a training vessel that can be provided 

15 to State maritime academies, under section 51504(b) 

16 of title 46, United States Code; and 

17 (2) humanitarian assistance, disaster response, 

18 domestic and foreign emergency contingency oper19 ations, and other authorized uses of vessels of the Na20 tional Defense Reserve Fleet. 

21 (b) CONSTRUCTION AND DOCUMENTATION REQUIRE22 MENTS.—A vessel constructed under this section shall— 

23 (1) be constructed in a private United States 

24 shipyard; 


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1 (2) be constructed in accordance with designs ap2 proved by the Maritime Administrator; and 

3 (3) meet— 

4 (A) the safety requirements of the Coast 

5 Guard as a documented vessel; and 

6 (B) the content standards of the Coast 

7 Guard to qualify the vessel for a coastwise en8 dorsement as if such vessel were a privately 

9 owned and operated commercial vessel; and 

10 (4) be documented under section 12103 of title 

11 46, United States Code. 

12 (c) DESIGN STANDARDS AND CONSTRUCTION PRAC13 TICES.—Subject to subsection (b), construction of a vessel 

14 under this section shall use commercial design standards 

15 and commercial construction practices that are consistent 

16 with the best interests of the Federal Government. 

17 (d) GENERAL AGENT REQUIREMENT.—The Maritime 

18 Administrator shall enter into a contract or other agree19 ment with the Secretary of the Navy under which the Navy 

20 shall act as general agent for the Maritime Administration 

21 for purposes of construction of a vessel under this section. 

22 (e) CONTRACTS WITH OTHER FEDERAL ENTITIES.— 

23 The Maritime Administrator may contract on a reimburs24 able basis with other Federal entities for goods and services 


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1 in connection with this section and other associated future 

2 activities. 

3 (f) CONTRACTORS.—Any contractor selected by the 

4 Maritime Administration through its general agent to con5 struct the vessel under (a) shall be an entity established 

6 under the laws of the United States or of a State, common7 wealth, or territory of the United States, that during the 

8 five-year period preceding the date of the enactment of this 

9 Act, either directly or through a subsidiary, completed the 

10 construction of a vessel in excess of 10,000 gross tons and 

11 documented under section 12103 of title 46, United States 

12 Code. 

13 (g) REPEAL OF PLAN APPROVAL REQUIREMENT.—Sec14 tion 109(j)(3) of title 49, United States Code, is repealed. 

15 SEC. 3507. UNITED STATES MERCHANT MARINE ACADEMY. 

16 (a) IN GENERAL.—Section 51301 of title 46, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘(c) SUPERINTENDENT.—The immediate command of 

19 the United States Merchant Marine Academy shall be in 

20 the Superintendent of the Academy, subject to the direction 

21 of the Maritime Administrator under the general super22 vision of the Secretary of Transportation. The Secretary of 

23 Transportation shall appoint the Superintendent from the 

24 senior ranks of the United States merchant marine, mari25 time industry, or from the retired list of flag-rank Navy 


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1 or Coast Guard officers who have significant afloat com2 mand experience. Due to the unique mission of the Acad3 emy, it is highly desirable that the Superintendent be a 

4 graduate of the Academy and have attained an unlimited 

5 merchant mariner officer’s license. 

6 ‘‘(d) COMMANDANT OF MIDSHIPMEN.—Subject to the 

7 direction of the Superintendent, the Commandant is the im8 mediate commander of the Regiment of Midshipmen and 

9 is responsible for the instruction of all midshipmen in mar10 itime professionalism, ethics, leadership, and military bear11 ing necessary for future service as a licensed officer in the 

12 merchant marine and a commissioned officer in the uni13 formed services. The Commandant shall be appointed from 

14 the senior ranks of the United States merchant marine, 

15 maritime industry, or from the retired list of flag-rank 

16 Navy or Coast Guard officers who possess significant mer17 chant marine experience. It is highly desirable that the 

18 Commandant have attained an unlimited merchant mar19 iner officer’s license and is a graduate of United States Mer20 chant Marine Academy.’’. 

21 (b) LIMITATION ON APPLICATION.—The amendment 

22 made by subsection (a) shall not apply with respect to the 

23 individual serving on the date of the enactment of this Act 

24 as the Superintendent of the United States Merchant Ma25 rine Academy. 


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1 SEC. 3508. USE OF NATIONAL DEFENSE RESERVE FLEET 

2 SCRAPPING PROCEEDS. 

3 Section 308704(a)(1)(C) of title 54, United States 

4 Code, is amended to read as follows: 

5 ‘‘(C) The remainder shall be available to the 

6 Secretary to carry out the Program, as provided 

7 in subsection (b).’’. 

8 SEC. 3509. FLOATING DRY DOCKS. 

9 Section 55122 of title 46, United States Code, is 

10 amended— 

11 (1) by redesignating subsection (b) as subsection 

12 (c); and 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) DRYDOCKS FOR CONSTRUCTION OF CERTAIN

16 NAVAL VESSELS.— 

17 ‘‘(1) IN GENERAL.—In the application of sub18 section (a)(1)(C) to a floating drydock used for the 

19 construction of naval vessels in a United States ship20 yard, ‘December 19, 2017’ shall be substituted for the 

21 date referred to in that subsection if the Secretary of 

22 the Navy determines that— 

23 ‘‘(A) such a drydock is necessary for the 

24 timely completion of such construction; and 

25 ‘‘(B)(i) such drydock is owned and operated 

26 by— 


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1 ‘‘(I) a shipyard located in the United 

2 States that is an eligible owner specified 

3 under section 12103(b); or 

4 ‘‘(II) an affiliate of such a shipyard; 

5 or 

6 ‘‘(ii) such drydock is— 

7 ‘‘(I) notwithstanding subsection 

8 (a)(1)(B), owned by the State in which the 

9 shipyard is located or a political subdivi10 sion of that State; and 

11 ‘‘(II) operated by a shipyard located in 

12 the United States that is an eligible owner 

13 specified under section 12103(b). 

14 ‘‘(2) NOTICE TO CONGRESS.—No later than 30 

15 days after making a determination under paragraph 

16 (1), the Secretary of the Navy shall notify the Com17 mittee on Armed Services and the Committee on 

18 Transportation and Infrastructure of House of Rep19 resentatives and the Committee on Armed Services 

20 and the Committee on Commerce, Science, and Trans21 portation of the Senate of such a determinations.’’. 

22 TITLE XXXVI—BALLAST WATER 

23 SEC. 3601. SHORT TITLE. 

24 This title may be cited as the ‘‘Vessel Incidental Dis25 charge Act’’. 


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1 SEC. 3602. DEFINITIONS. 

2 In this title: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) AQUATIC NUISANCE SPECIES.—The term 

7 ‘‘aquatic nuisance species’’ means a nonindigenous 

8 species (including a pathogen) that threatens the di9 versity or abundance of native species or the ecologi10 cal stability of navigable waters or commercial, agri11 cultural, aquacultural, or recreational activities de12 pendent on such waters. 

13 (3) BALLAST WATER.— 

14 (A) IN GENERAL.—The term ‘‘ballast 

15 water’’ means any water, including any sedi16 ment suspended in such water, taken aboard a 

17 vessel— 

18 (i) to control trim, list, draught, sta19 bility, or stresses of the vessel; or 

20 (ii) during the cleaning, maintenance, 

21 or other operation of a ballast water treat22 ment technology of the vessel. 

23 (B) EXCLUSIONS.—The term ‘‘ballast 

24 water’’ does not include any pollutant that is 

25 added to water described in subparagraph (A) 

26 that is not directly related to the operation of a 


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1 properly functioning ballast water treatment 

2 technology under this title. 

3 (4) BALLAST WATER PERFORMANCE STAND4 ARD.—The term ‘‘ballast water performance stand5 ard’’ means the numerical ballast water discharge 

6 standard set forth in section 151.2030 of title 33, 

7 Code of Federal Regulations, or section 151.1511 of 

8 title 33, Code of Federal Regulations, as applicable, 

9 or a revised numerical ballast water performance 

10 standard established under subsection (a)(1)(B), (b), 

11 or (c) of section 3604 of this title. 

12 (5) BALLAST WATER TREATMENT TECHNOLOGY

13 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

14 water treatment technology’’ or ‘‘treatment tech15 nology’’ means any mechanical, physical, chemical, or 

16 biological process used, alone or in combination, to 

17 remove, render harmless, or avoid the uptake or dis18 charge of, aquatic nuisance species within ballast 

19 water. 

20 (6) BIOCIDE.—The term ‘‘biocide’’ means a sub21 stance or organism, including a virus or fungus, that 

22 is introduced into or produced by a ballast water 

23 treatment technology to reduce or eliminate aquatic 

24 nuisance species as part of the process used to comply 


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1 with a ballast water performance standard under this 

2 title. 

3 (7) DISCHARGE INCIDENTAL TO THE NORMAL

4 OPERATION OF A VESSEL.— 

5 (A) IN GENERAL.—The term ‘‘discharge in6 cidental to the normal operation of a vessel’’ 

7 means— 

8 (i) a discharge into navigable waters 

9 from a vessel of— 

10 (I)(aa) ballast water, graywater, 

11 bilge water, cooling water, oil water 

12 separator effluent, anti-fouling hull 

13 coating leachate, boiler or economizer 

14 blowdown, byproducts from cathodic 

15 protection, controllable pitch propeller 

16 and thruster hydraulic fluid, distilla17 tion and reverse osmosis brine, elevator 

18 pit effluent, firemain system effluent, 

19 freshwater layup effluent, gas turbine 

20 wash water, motor gasoline and com21 pensating effluent, refrigeration and 

22 air condensate effluent, seawater 

23 pumping biofouling prevention sub24 stances, boat engine wet exhaust, sonar 

25 dome effluent, exhaust gas scrubber 


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1 washwater, or stern tube packing gland 

2 effluent; or 

3 (bb) any other pollutant associ4 ated with the operation of a marine 

5 propulsion system, shipboard maneu6 vering system, habitability system, or 

7 installed major equipment, or from a 

8 protective, preservative, or absorptive 

9 application to the hull of a vessel; 

10 (II) weather deck runoff, deck 

11 wash, aqueous film forming foam efflu12 ent, chain locker effluent, non-oily ma13 chinery wastewater, underwater ship 

14 husbandry effluent, welldeck effluent, or 

15 fish hold and fish hold cleaning efflu16 ent; or 

17 (III) any effluent from a properly 

18 functioning marine engine; or 

19 (ii) a discharge of a pollutant into 

20 navigable waters in connection with the 

21 testing, maintenance, or repair of a system, 

22 equipment, or engine described in subclause 

23 (I)(bb) or (III) of clause (i) whenever the 

24 vessel is waterborne. 


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1 (B) EXCLUSIONS.—The term ‘‘discharge in2 cidental to the normal operation of a vessel’’ does 

3 not include— 

4 (i) a discharge into navigable waters 

5 from a vessel of— 

6 (I) rubbish, trash, garbage, incin7 erator ash, or other such material dis8 charged overboard; 

9 (II) oil or a hazardous substance, 

10 as those terms are defined in section 

11 311 of the Federal Water Pollution 

12 Control Act (33 U.S.C. 1321); 

13 (III) sewage, as defined in section 

14 312(a)(6) of the Federal Water Pollu15 tion Control Act (33 U.S.C. 

16 1322(a)(6)); or 

17 (IV) graywater referred to in sec18 tion 312(a)(6) of the Federal Water 

19 Pollution Control Act (33 U.S.C. 

20 1322(a)(6)); 

21 (ii) an emission of an air pollutant re22 sulting from the operation onboard a vessel 

23 of a vessel propulsion system, motor driven 

24 equipment, or incinerator; or 


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1 (iii) a discharge into navigable waters 

2 from a vessel when the vessel is operating in 

3 a capacity other than as a means of trans4 portation on water. 

5 (8) GEOGRAPHICALLY LIMITED AREA.—The term 

6 ‘‘geographically limited area’’ means an area— 

7 (A) with a physical limitation, including 

8 limitation by physical size and limitation by 

9 authorized route, that prevents a vessel from op10 erating outside the area, as determined by the 

11 Secretary; or 

12 (B) that is ecologically homogeneous, as de13 termined by the Secretary, in consultation with 

14 the heads of other Federal departments or agen15 cies as the Secretary considers appropriate. 

16 (9) MANUFACTURER.—The term ‘‘manufacturer’’ 

17 means a person engaged in the manufacture, assem18 blage, or importation of ballast water treatment tech19 nology. 

20 (10) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the department in which the Coast 

22 Guard is operating. 

23 (11) VESSEL.—The term ‘‘vessel’’ means every 

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1 ance used, or practically or otherwise capable of being 

2 used, as a means of transportation on water. 

3 SEC. 3603. REGULATION AND ENFORCEMENT. 

4 (a) IN GENERAL.—The Secretary, in consultation with 

5 the Administrator, shall establish and implement enforce6 able uniform national standards and requirements for the 

7 regulation of discharges incidental to the normal operation 

8 of a vessel. The standards and requirements shall— 

9 (1) be based upon the best available technology 

10 economically achievable; and 

11 (2) supersede any permitting requirement or 

12 prohibition on discharges incidental to the normal op13 eration of a vessel under any other provision of law. 

14 (b) ADMINISTRATION AND ENFORCEMENT.—The Sec15 retary shall administer and enforce the uniform national 

16 standards and requirements under this title. Each State 

17 may enforce the uniform national standards and require18 ments under this title. 

19 SEC. 3604. UNIFORM NATIONAL STANDARDS AND REQUIRE20 MENTS FOR THE REGULATION OF DIS21 CHARGES INCIDENTAL TO THE NORMAL OP22 ERATION OF A VESSEL. 

23 (a) REQUIREMENTS.— 

24 (1) BALLAST WATER MANAGEMENT REQUIRE25 MENTS.— 


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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law, the requirements set forth 

3 in the final rule, Standards for Living Orga4 nisms in Ships’ Ballast Water Discharged in 

5 U.S. Waters (77 Fed. Reg. 17254 (March 23, 

6 2012), as corrected at 77 Fed. Reg. 33969 (June 

7 8, 2012)), shall be the management requirements 

8 for a ballast water discharge incidental to the 

9 normal operation of a vessel until the Secretary 

10 revises the ballast water performance standard 

11 under subsection (b) or adopts a more stringent 

12 State standard under subparagraph (B) of this 

13 paragraph. 

14 (B) ADOPTION OF MORE STRINGENT STATE

15 STANDARD.—If the Secretary makes a deter16 mination in favor of a State petition under sec17 tion 3609, the Secretary shall adopt the more 

18 stringent ballast water performance standard 

19 specified in the statute or regulation that is the 

20 subject of that State petition in lieu of the bal21 last water performance standard in the final rule 

22 described under subparagraph (A). 

23 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

24 DISCHARGES OTHER THAN BALLAST WATER.—Not 

25 later than 2 years after the date of enactment of this 


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1 Act, the Secretary, in consultation with the Adminis2 trator, shall issue a final rule establishing best man3 agement practices for discharges incidental to the nor4 mal operation of a vessel other than ballast water. 

5 (b) REVISED BALLAST WATER PERFORMANCE STAND6 ARD; 7–YEAR REVIEW.— 

7 (1) IN GENERAL.—Subject to the feasibility re8 view under paragraph (2), not later than January 1, 

9 2022, the Secretary, in consultation with the Admin10 istrator, shall issue a final rule revising the ballast 

11 water performance standard under subsection (a)(1) 

12 so that a ballast water discharge incidental to the 

13 normal operation of a vessel will contain— 

14 (A) less than 1 living organism per 10 cubic 

15 meters that is 50 or more micrometers in min16 imum dimension; 

17 (B) less than 1 living organism per 10 mil18 liliters that is less than 50 micrometers in min19 imum dimension and more than 10 micrometers 

20 in minimum dimension; 

21 (C) concentrations of indicator microbes 

22 that are less than— 

23 (i) 1 colony-forming unit of toxicogenic 

24 Vibrio cholera (serotypes O1 and O139) per 

25 100 milliliters or less than 1 colony-forming 


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1 unit of that microbe per gram of wet weight 

2 of zoological samples; 

3 (ii) 126 colony-forming units of esch4 erichia coli per 100 milliliters; and 

5 (iii) 33 colony-forming units of intes6 tinal enterococci per 100 milliliters; and 

7 (D) concentrations of such additional indi8 cator microbes and of viruses as may be specified 

9 in regulations issued by the Secretary, in con10 sultation with the Administrator and such other 

11 Federal agencies as the Secretary and the Ad12 ministrator consider appropriate. 

13 (2) FEASIBILITY REVIEW.— 

14 (A) IN GENERAL.—Not later than January 

15 1, 2020, the Secretary, in consultation with the 

16 Administrator, shall complete a review to deter17 mine the feasibility of achieving the revised bal18 last water performance standard under para19 graph (1). 

20 (B) CRITERIA FOR REVIEW OF BALLAST

21 WATER PERFORMANCE STANDARD.—In con22 ducting a review under subparagraph (A), the 

23 Secretary shall consider whether revising the bal24 last water performance standard will result in a 

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1 duction in the risk of introduction or establish2 ment of aquatic nuisance species, taking into ac3 count— 

4 (i) improvements in the scientific un5 derstanding of biological and ecological 

6 processes that lead to the introduction or es7 tablishment of aquatic nuisance species; 

8 (ii) improvements in ballast water 

9 treatment technology, including— 

10 (I) the capability of such treat11 ment technology to achieve a revised 

12 ballast water performance standard; 

13 (II) the effectiveness and reli14 ability of such treatment technology in 

15 the shipboard environment; 

16 (III) the compatibility of such 

17 treatment technology with the design 

18 and operation of a vessel by class, type, 

19 and size; 

20 (IV) the commercial availability 

21 of such treatment technology; and 

22 (V) the safety of such treatment 

23 technology; 

24 (iii) improvements in the capabilities 

25 to detect, quantify, and assess the viability 


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1 of aquatic nuisance species at the concentra2 tions under consideration; 

3 (iv) the impact of ballast water treat4 ment technology on water quality; and 

5 (v) the costs, cost-effectiveness, and im6 pacts of— 

7 (I) a revised ballast water per8 formance standard, including the po9 tential impacts on shipping, trade, and 

10 other uses of the aquatic environment; 

11 and 

12 (II) maintaining the existing bal13 last water performance standard, in14 cluding the potential impacts on 

15 water-related infrastructure, recre16 ation, propagation of native fish, shell17 fish, and wildlife, and other uses of 

18 navigable waters. 

19 (C) LOWER REVISED PERFORMANCE STAND20 ARD.— 

21 (i) IN GENERAL.—If the Secretary, in 

22 consultation with the Administrator, deter23 mines, on the basis of the feasibility review 

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1 nology can be certified under section 3605 

2 to comply with the revised ballast water 

3 performance standard under paragraph (1), 

4 the Secretary shall require the use of the 

5 treatment technology that achieves the per6 formance levels of the best treatment tech7 nology available. 

8 (ii) IMPLEMENTATION DEADLINE.—If 

9 the Secretary, in consultation with the Ad10 ministrator, determines that the treatment 

11 technology under clause (i) cannot be imple12 mented before the implementation deadline 

13 under paragraph (3) with respect to a class 

14 of vessels, the Secretary shall extend the im15 plementation deadline for that class of ves16 sels for not more than 36 months. 

17 (iii) COMPLIANCE.—If the implementa18 tion deadline under paragraph (3) is ex19 tended, the Secretary shall recommend ac20 tion to ensure compliance with the extended 

21 implementation deadline under clause (ii). 

22 (D) HIGHER REVISED PERFORMANCE

23 STANDARD.— 

24 (i) IN GENERAL.—If the Secretary, in 

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1 mines that ballast water treatment tech2 nology exists that exceeds the revised ballast 

3 water performance standard under para4 graph (1) with respect to a class of vessels, 

5 the Secretary shall revise the ballast water 

6 performance standard for that class of ves7 sels to incorporate the higher performance 

8 standard. 

9 (ii) IMPLEMENTATION DEADLINE.—If 

10 the Secretary, in consultation with the Ad11 ministrator, determines that the treatment 

12 technology under clause (i) can be imple13 mented before the implementation deadline 

14 under paragraph (3) with respect to a class 

15 of vessels, the Secretary shall accelerate the 

16 implementation deadline for that class of 

17 vessels. If the implementation deadline 

18 under paragraph (3) is accelerated, the Sec19 retary shall provide not less than 24 months 

20 notice before the accelerated deadline takes 

21 effect. 

22 (3) IMPLEMENTATION DEADLINE.—The revised 

23 ballast water performance standard under paragraph 

24 (1) shall apply to a vessel beginning on the date of 


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1 the first drydocking of the vessel on or after January 

2 1, 2022, but not later than December 31, 2024. 

3 (4) REVISED PERFORMANCE STANDARD COMPLI4 ANCE DEADLINES.— 

5 (A) IN GENERAL.—The Secretary may es6 tablish a compliance deadline for compliance by 

7 a vessel (or a class, type, or size of vessel) with 

8 a revised ballast water performance standard 

9 under this subsection. 

10 (B) PROCESS FOR GRANTING EXTEN11 SIONS.—In issuing regulations under this sub12 section, the Secretary shall establish a process for 

13 an owner or operator to submit a petition to the 

14 Secretary for an extension of a compliance dead15 line with respect to the vessel of the owner or op16 erator. 

17 (C) PERIOD OF EXTENSIONS.—An extension 

18 issued under subparagraph (B) may— 

19 (i) apply for a period of not to exceed 

20 18 months from the date of the applicable 

21 deadline under subparagraph (A); and 

22 (ii) be renewable for an additional pe23 riod of not to exceed 18 months. 

24 (D) FACTORS.—In issuing a compliance 

25 deadline or reviewing a petition under this 


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1 paragraph, the Secretary shall consider, with re2 spect to the ability of an owner or operator to 

3 meet a compliance deadline, the following fac4 tors: 

5 (i) Whether the treatment technology to 

6 be installed is available in sufficient quan7 tities to meet the compliance deadline. 

8 (ii) Whether there is sufficient ship9 yard or other installation facility capacity. 

10 (iii) Whether there is sufficient avail11 ability of engineering and design resources. 

12 (iv) Vessel characteristics, such as en13 gine room size, layout, or a lack of installed 

14 piping. 

15 (v) Electric power generating capacity 

16 aboard the vessel. 

17 (vi) Safety of the vessel and crew. 

18 (E) CONSIDERATION OF PETITIONS.— 

19 (i) DETERMINATIONS.—The Secretary 

20 shall approve or deny a petition for an ex21 tension of a compliance deadline submitted 

22 by an owner or operator under this para23 graph. 

24 (ii) DEADLINE.—If the Secretary does 

25 not approve or deny a petition referred to 


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1 in clause (i) on or before the last day of the 

2 90-day period beginning on the date of sub3 mission of the petition, the petition shall be 

4 deemed approved. 

5 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL DIS6 CHARGE STANDARDS; DECENNIAL REVIEWS.— 

7 (1) REVISED BALLAST WATER PERFORMANCE

8 STANDARDS.—The Secretary, in consultation with the 

9 Administrator, shall complete a review, 10 years after 

10 the issuance of a final rule under subsection (b) and 

11 every 10 years thereafter, to determine whether fur12 ther revision of the ballast water performance stand13 ard would result in a scientifically demonstrable and 

14 substantial reduction in the risk of the introduction 

15 or establishment of aquatic nuisance species. 

16 (2) REVISED STANDARDS FOR DISCHARGES

17 OTHER THAN BALLAST WATER.—The Secretary, in 

18 consultation with the Administrator, may include in 

19 a decennial review under this subsection best manage20 ment practices for discharges covered by subsection 

21 (a)(2). The Secretary shall initiate a rulemaking to 

22 revise 1 or more best management practices for such 

23 discharges after a decennial review if the Secretary, 

24 in consultation with the Administrator, determines 

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1 stantially reduce the impacts on navigable waters of 

2 discharges incidental to the normal operation of a 

3 vessel other than ballast water. 

4 (3) CONSIDERATIONS.—In conducting a review 

5 under paragraph (1), the Secretary, the Adminis6 trator, and the heads of other appropriate Federal 

7 agencies as determined by the Secretary, shall con8 sider the criteria under subsection (b)(2)(B). 

9 (4) REVISION AFTER DECENNIAL REVIEW.—The 

10 Secretary shall initiate a rulemaking to revise the 

11 current ballast water performance standard after a 

12 decennial review if the Secretary, in consultation 

13 with the Administrator, determines that revising the 

14 current ballast water performance standard would re15 sult in a scientifically demonstrable and substantial 

16 reduction in the risk of the introduction or establish17 ment of aquatic nuisance species. 

18 SEC. 3605. TREATMENT TECHNOLOGY CERTIFICATION. 

19 (a) CERTIFICATION REQUIRED.—Beginning 60 days 

20 after the date that the requirements for testing protocols are 

21 issued under subsection (i), no manufacturer of a ballast 

22 water treatment technology shall sell, offer for sale, or intro23 duce or deliver for introduction into interstate commerce, 

24 or import into the United States for sale or resale, a ballast 


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1 water treatment technology for a vessel unless the treatment 

2 technology has been certified under this section. 

3 (b) CERTIFICATION PROCESS.— 

4 (1) EVALUATION.—Upon application of a manu5 facturer, the Secretary shall evaluate a ballast water 

6 treatment technology with respect to— 

7 (A) the effectiveness of the treatment tech8 nology in achieving the current ballast water 

9 performance standard when installed on a vessel 

10 (or a class, type, or size of vessel); 

11 (B) the compatibility with vessel design and 

12 operations; 

13 (C) the effect of the treatment technology on 

14 vessel safety; 

15 (D) the impact on the environment; 

16 (E) the cost effectiveness; and 

17 (F) any other criteria the Secretary con18 siders appropriate. 

19 (2) APPROVAL.—If after an evaluation under 

20 paragraph (1) the Secretary determines that the treat21 ment technology meets the criteria, the Secretary may 

22 certify the treatment technology for use on a vessel (or 

23 a class, type, or size of vessel). 

24 (3) SUSPENSION AND REVOCATION.—The Sec25 retary shall establish, by regulation, a process to susVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 01028 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 pend or revoke a certification issued under this sec2 tion. 

3 (c) CERTIFICATION CONDITIONS.— 

4 (1) IMPOSITION OF CONDITIONS.—In certifying a 

5 ballast water treatment technology under this section, 

6 the Secretary, in consultation with the Administrator, 

7 may impose any condition on the subsequent installa8 tion, use, or maintenance of the treatment technology 

9 onboard a vessel as is necessary for— 

10 (A) the safety of the vessel, the crew of the 

11 vessel, and any passengers aboard the vessel; 

12 (B) the protection of the environment; or 

13 (C) the effective operation of the treatment 

14 technology. 

15 (2) FAILURE TO COMPLY.—The failure of an 

16 owner or operator to comply with a condition im17 posed under paragraph (1) shall be considered a vio18 lation of this section. 

19 (d) PERIOD FOR USE OF INSTALLED TREATMENT

20 EQUIPMENT.—Notwithstanding anything to the contrary in 

21 this title or any other provision of law, the Secretary shall 

22 allow a vessel on which a system is installed and operated 

23 to meet a ballast water performance standard under this 

24 title to continue to use that system, notwithstanding any 

25 revision of a ballast water performance standard occurring 


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1 after the system is ordered or installed until the expiration 

2 of the service life of the system, as determined by the Sec3 retary, so long as the system— 

4 (1) is maintained in proper working condition; 

5 and 

6 (2) is maintained and used in accordance with 

7 the manufacturer’s specifications and any treatment 

8 technology certification conditions imposed by the 

9 Secretary under this section. 

10 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

11 TREATMENT TECHNOLOGY.— 

12 (1) ISSUANCE.—If the Secretary approves a bal13 last water treatment technology for certification under 

14 subsection (b), the Secretary shall issue a certificate 

15 of type approval for the treatment technology to the 

16 manufacturer in such form and manner as the Sec17 retary determines appropriate. 

18 (2) CERTIFICATION CONDITIONS.—A certificate 

19 of type approval issued under paragraph (1) shall 

20 specify each condition imposed by the Secretary 

21 under subsection (c). 

22 (3) OWNERS AND OPERATORS.—A manufacturer 

23 that receives a certificate of type approval for the 

24 treatment technology under this subsection shall pro25 vide a copy of the certificate to each owner and operVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 01030 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 ator of a vessel on which the treatment technology is 

2 installed. 

3 (f) INSPECTIONS.—An owner or operator who receives 

4 a copy of a certificate under subsection (e)(3) shall retain 

5 a copy of the certificate onboard the vessel and make the 

6 copy of the certificate available for inspection at all times 

7 while the owner or operator is utilizing the treatment tech8 nology. 

9 (g) BIOCIDES.—The Secretary may not approve a bal10 last water treatment technology under subsection (b) if— 

11 (1) it uses a biocide or generates a biocide that 

12 is a pesticide, as defined in section 2 of the Federal 

13 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

14 136), unless the biocide is registered under that Act 

15 or the Secretary, in consultation with Administrator, 

16 has approved the use of the biocide in such treatment 

17 technology; or 

18 (2) it uses or generates a biocide the discharge of 

19 which causes or contributes to a violation of a water 

20 quality standard under section 303 of the Federal 

21 Water Pollution Control Act (33 U.S.C. 1313). 

22 (h) PROHIBITION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the use of a ballast water treatment tech25 nology by an owner or operator of a vessel shall not 


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1 satisfy the requirements of this title unless it has been 

2 approved by the Secretary under subsection (b). 

3 (2) EXCEPTIONS.— 

4 (A) COAST GUARD SHIPBOARD TECHNOLOGY

5 EVALUATION PROGRAM.—An owner or operator 

6 may use a ballast water treatment technology 

7 that has not been certified by the Secretary to 

8 comply with the requirements of this section if 

9 the technology is being evaluated under the Coast 

10 Guard Shipboard Technology Evaluation Pro11 gram. 

12 (B) BALLAST WATER TREATMENT TECH13 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

14 An owner or operator may use a ballast water 

15 treatment technology that has not been certified 

16 by the Secretary to comply with the requirements 

17 of this section if the technology has been certified 

18 by a foreign entity and the certification dem19 onstrates performance and safety of the treat20 ment technology equivalent to the requirements of 

21 this section, as determined by the Secretary. 

22 (i) TESTING PROTOCOLS.—Not later than 180 days 

23 after the date of enactment of this Act, the Administrator, 

24 in consultation with the Secretary, shall issue requirements 


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1 for land-based and shipboard testing protocols or criteria 

2 for— 

3 (1) certifying the performance of each ballast 

4 water treatment technology under this section; and 

5 (2) certifying laboratories to evaluate such treat6 ment technologies. 

7 SEC. 3606. EXEMPTIONS. 

8 (a) IN GENERAL.—No permit shall be required or pro9 hibition enforced under any other provision of law for, nor 

10 shall any standards regarding a discharge incidental to the 

11 normal operation of a vessel under this title apply to— 

12 (1) a discharge incidental to the normal oper13 ation of a vessel if the vessel is less than 79 feet in 

14 length and engaged in commercial service (as defined 

15 in section 2101(5) of title 46, United States Code); 

16 (2) a discharge incidental to the normal oper17 ation of a vessel if the vessel is a fishing vessel, in18 cluding a fish processing vessel and a fish tender ves19 sel (as defined in section 2101 of title 46, United 

20 States Code); 

21 (3) a discharge incidental to the normal oper22 ation of a vessel if the vessel is a recreational vessel 

23 (as defined in section 2101(25) of title 46, United 

24 States Code); 


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1 (4) the placement, release, or discharge of equip2 ment, devices, or other material from a vessel for the 

3 sole purpose of conducting research on the aquatic en4 vironment or its natural resources in accordance with 

5 generally recognized scientific methods, principles, or 

6 techniques; 

7 (5) any discharge into navigable waters from a 

8 vessel authorized by an on-scene coordinator in ac9 cordance with part 300 of title 40, Code of Federal 

10 Regulations, or part 153 of title 33, Code of Federal 

11 Regulations; 

12 (6) any discharge into navigable waters from a 

13 vessel that is necessary to secure the safety of the ves14 sel or human life, or to suppress a fire onboard the 

15 vessel or at a shoreside facility; or 

16 (7) a vessel of the armed forces of a foreign na17 tion when engaged in noncommercial service. 

18 (b) BALLAST WATER DISCHARGES.—No permit shall 

19 be required or prohibition enforced under any other provi20 sion of law for, nor shall any ballast water performance 

21 standards under this title apply to— 

22 (1) a ballast water discharge incidental to the 

23 normal operation of a vessel determined by the Sec24 retary to— 


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1 (A) operate exclusively within a geographi2 cally limited area; 

3 (B) take up and discharge ballast water ex4 clusively within 1 Captain of the Port Zone es5 tablished by the Coast Guard, unless the Sec6 retary determines such discharge poses a sub7 stantial risk of introduction or establishment of 

8 an aquatic nuisance species; 

9 (C) operate pursuant to a geographic re10 striction issued as a condition under section 

11 3309 of title 46, United States Code, or an 

12 equivalent restriction issued by the country of 

13 registration of the vessel; or 

14 (D) continuously take on and discharge bal15 last water in a flow-through system that does not 

16 introduce aquatic nuisance species into navi17 gable waters; 

18 (2) a ballast water discharge incidental to the 

19 normal operation of a vessel consisting entirely of 

20 water suitable for human consumption; or 

21 (3) a ballast water discharge incidental to the 

22 normal operation of a vessel in an alternative compli23 ance program established pursuant to section 3607. 

24 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

25 No permit shall be required or prohibition enforced under 


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1 any other provision of law for, nor shall any ballast water 

2 performance standard under this title apply to, a vessel that 

3 carries all of its permanent ballast water in sealed tanks 

4 that are not subject to discharge. 

5 (d) VESSELS OF THE ARMED FORCES.—Nothing in 

6 this title shall be construed to apply to the following vessels: 

7 (1) A vessel owned or operated by the Depart8 ment of Defense (other than a time-chartered or voy9 age-chartered vessel). 

10 (2) A vessel of the Coast Guard, as designated by 

11 the Secretary of the department in which the Coast 

12 Guard is operating. 

13 SEC. 3607. ALTERNATIVE COMPLIANCE PROGRAM. 

14 (a) IN GENERAL.—The Secretary, in consultation with 

15 the Administrator, may promulgate regulations estab16 lishing 1 or more compliance programs as an alternative 

17 to ballast water management regulations issued under sec18 tion 3604 for a vessel that— 

19 (1) has a maximum ballast water capacity of 

20 less than 8 cubic meters; 

21 (2) is less than 3 years from the end of the useful 

22 life of the vessel, as determined by the Secretary; or 

23 (3) discharges ballast water into a facility for 

24 the reception of ballast water that meets standards 


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1 promulgated by the Administrator, in consultation 

2 with the Secretary. 

3 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

4 later than 1 year after the date of enactment of this Act, 

5 the Administrator, in consultation with the Secretary, shall 

6 promulgate standards for— 

7 (1) the reception of ballast water from a vessel 

8 into a reception facility; and 

9 (2) the disposal or treatment of the ballast water 

10 under paragraph (1). 

11 SEC. 3608. JUDICIAL REVIEW. 

12 (a) IN GENERAL.—An interested person may file a pe13 tition for review of a final regulation promulgated under 

14 this title in the United States Court of Appeals for the Dis15 trict of Columbia Circuit. 

16 (b) DEADLINE.—A petition shall be filed not later than 

17 120 days after the date that notice of the promulgation ap18 pears in the Federal Register. 

19 (c) EXCEPTION.—Notwithstanding subsection (b), a 

20 petition that is based solely on grounds that arise after the 

21 deadline to file a petition under subsection (b) has passed 

22 may be filed not later than 120 days after the date that 

23 the grounds first arise. 


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1 SEC. 3609. EFFECT ON STATE AUTHORITY. 

2 (a) IN GENERAL.—No State or political subdivision 

3 thereof may adopt or enforce any statute or regulation of 

4 the State or political subdivision with respect to a discharge 

5 incidental to the normal operation of a vessel after the date 

6 of enactment of this Act. 

7 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

8 (a), a State or political subdivision thereof may enforce a 

9 statute or regulation of the State or political subdivision 

10 with respect to ballast water discharges incidental to the 

11 normal operation of a vessel that specifies a ballast water 

12 performance standard that is more stringent than the bal13 last water performance standard under section 

14 3604(a)(1)(A) and is in effect on the date of enactment of 

15 this Act if the Secretary, after consultation with the Admin16 istrator and any other Federal department or agency the 

17 Secretary considers appropriate, makes a determination 

18 that— 

19 (1) compliance with any performance standard 

20 specified in the statute or regulation can in fact be 

21 achieved and detected; 

22 (2) the technology and systems necessary to com23 ply with the statute or regulation are commercially 

24 available; and 


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1 (3) the statute or regulation is consistent with 

2 obligations under relevant international treaties or 

3 agreements to which the United States is a party. 

4 (c) PETITION PROCESS.— 

5 (1) SUBMISSION.—The Governor of a State seek6 ing to enforce a statute or regulation under subsection 

7 (b) shall submit a petition requesting the Secretary to 

8 review the statute or regulation. 

9 (2) CONTENTS; DEADLINE.—A petition shall— 

10 (A) be accompanied by the scientific and 

11 technical information on which the petition is 

12 based; and 

13 (B) be submitted to the Secretary not later 

14 than 90 days after the date of enactment of this 

15 Act. 

16 (3) DETERMINATIONS.—The Secretary shall 

17 make a determination on a petition under this sub18 section not later than 90 days after the date that the 

19 petition is received. 

20 SEC. 3610. APPLICATION WITH OTHER STATUTES. 

21 Notwithstanding any other provision of law, this title 

22 shall be the exclusive statutory authority for regulation by 

23 the Federal Government of discharges incidental to the nor24 mal operation of a vessel to which this title applies. Except 

25 as provided under section 3604(a)(1)(A), any regulation in 


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1 effect on the date immediately preceding the effective date 

2 of this Act relating to any permitting requirement for or 

3 prohibition on discharges incidental to the normal oper4 ation of a vessel to which this title applies shall be deemed 

5 to be a regulation issued pursuant to the authority of this 

6 title and shall remain in full force and effect unless or until 

7 superseded by new regulations issued hereunder. 

8 DIVISION D—FUNDING TABLES 

9 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA10 BLES. 

11 (a) IN GENERAL.—Whenever a funding table in this 

12 division specifies a dollar amount authorized for a project, 

13 program, or activity, the obligation and expenditure of the 

14 specified dollar amount for the project, program, or activity 

15 is hereby authorized, subject to the availability of appro16 priations. 

17 (b) MERIT-BASED DECISIONS.—A decision to commit, 

18 obligate, or expend funds with or to a specific entity on 

19 the basis of a dollar amount authorized pursuant to sub20 section (a) shall— 

21 (1) be based on merit-based selection procedures 

22 in accordance with the requirements of sections 

23 2304(k) and 2374 of title 10, United States Code, or 

24 on competitive procedures; and 


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1 (2) comply with other applicable provisions of 

2 law. 

3 (c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

4 AUTHORITY.—An amount specified in the funding tables in 

5 this division may be transferred or reprogrammed under 

6 a transfer or reprogramming authority provided by another 

7 provision of this Act or by other law. The transfer or re8 programming of an amount specified in such funding tables 

9 shall not count against a ceiling on such transfers or 

10 reprogrammings under section 1001 or section 1522 of this 

11 Act or any other provision of law, unless such transfer or 

12 reprogramming would move funds between appropriation 

13 accounts. 

14 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This sec15 tion applies to any classified annex that accompanies this 

16 Act. 

17 (e) ORAL AND WRITTEN COMMUNICATIONS.—No oral 

18 or written communication concerning any amount specified 

19 in the funding tables in this division shall supersede the 

20 requirements of this section. 

21 TITLE XLI—PROCUREMENT 

22 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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 ] 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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Request 

House Authorized 

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 

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 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

031 C–32A ....................................................................................................................................... 35,235 35,235 

032 C–37A ....................................................................................................................................... 5,004 5,004 

TRAINER AIRCRAFT 

033 GLIDER MODS ...................................................................................................................... 394 394 

034 T–6 ............................................................................................................................................ 12,765 12,765 

035 T–1 ............................................................................................................................................ 25,073 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 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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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 

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 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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-THREAT DEFEAT FUND 

NETWORK ATTACK 

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-THREAT 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 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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-THREAT DEFEAT FUND 

NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE ....................................................... 113,272 113,272 

TOTAL JOINT IMPROVISED-THREAT DEFEAT FUND ................ 113,272 113,272 

AIRCRAFT PROCUREMENT, NAVY 

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 ] 

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 


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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 ] 

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 ] 


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

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

158 0605898A MANAGEMENT HQ—R&D ............................................................................. 49,885 49,885 

159 0303260A DEFENSE MILITARY DECEPTION INITIATIVE ..................................... 2,000 2,000 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .................... 1,136,134 1,136,134 

OPERATIONAL SYSTEMS DEVELOPMENT 

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM .......................................... 9,663 9,663 

162 0603813A TRACTOR PULL ............................................................................................... 3,960 3,960 

163 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ................................................. 3,638 3,638 

164 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.14,517 14,517 

165 0607133A TRACTOR SMOKE ........................................................................................... 4,479 4,479 

166 0607134A LONG RANGE PRECISION FIRES (LRPF) ................................................ 39,275 39,275 

167 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM .................................... 66,441 66,441 

168 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ........................... 46,765 46,765 

169 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM .................................. 91,848 91,848 

170 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM ............................ 796 796 

171 0607139A IMPROVED TURBINE ENGINE PROGRAM .............................................. 126,105 126,105 

172 0607140A EMERGING TECHNOLOGIES FROM NIE ................................................. 2,369 2,369 

173 0607141A LOGISTICS AUTOMATION ............................................................................ 4,563 4,563 

174 0607665A FAMILY OF BIOMETRICS ............................................................................. 12,098 12,098 

175 0607865A PATRIOT PRODUCT IMPROVEMENT ........................................................ 49,482 49,482 

176 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ............................... 45,482 2,482 

Program reduction ...................................................................................... [–43,000 ] 

178 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM 

(JADOCS).

30,455 30,455 

179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ................................... 316,857 316,857 

180 0203740A MANEUVER CONTROL SYSTEM .................................................................. 4,031 4,031 

181 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.35,793 35,793 

182 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM .......... 259 259 

183 0203758A DIGITIZATION ................................................................................................. 6,483 6,483 

184 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ....... 5,122 5,122 

185 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS .................. 7,491 7,491 

186 0203808A TRACTOR CARD ............................................................................................... 20,333 20,333 

188 0205410A MATERIALS HANDLING EQUIPMENT ...................................................... 124 124 

190 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM ............ 69,417 69,417 

191 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ................ 22,044 22,044 

192 0208053A JOINT TACTICAL GROUND SYSTEM ......................................................... 12,649 12,649 

194 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ........................................ 11,619 11,619 

195 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ................................... 38,280 38,280 

196 0303141A GLOBAL COMBAT SUPPORT SYSTEM ...................................................... 27,223 27,223 

197 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ........................................... 18,815 18,815 

198 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...................... 4,718 4,718 

202 0305204A TACTICAL UNMANNED AERIAL VEHICLES ........................................... 8,218 8,218 

203 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ............................................... 11,799 11,799 

204 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .................... 32,284 32,284 

205 0305219A MQ–1C GRAY EAGLE UAS ............................................................................ 13,470 13,470 

206 0305232A RQ–11 UAV ......................................................................................................... 1,613 1,613 

207 0305233A RQ–7 UAV ........................................................................................................... 4,597 4,597 

209 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING ..................................... 4,867 4,867 

210 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ..................... 62,287 62,287 

210A 9999999999 CLASSIFIED PROGRAMS .............................................................................. 4,625 4,625 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT .. 1,296,954 1,253,954 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY.

7,515,399 7,519,299 

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 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1071 

•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 (GCSSMC).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 


sradovich on DSK3TPTVN1PROD with BILLS
1072 

•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1073 

•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 ] 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1074 

•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

099 0605864F SPACE TEST PROGRAM (STP) .................................................................... 27,070 27,070 

100 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND 

EVALUATION SUPPORT.

134,111 134,111 

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 28,091 28,091 

102 0606017F REQUIREMENTS ANALYSIS AND MATURATION .................................. 29,100 29,100 

103 0606116F SPACE TEST AND TRAINING RANGE DEVELOPMENT ....................... 18,528 18,528 

104 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ........ 176,666 176,666 

105 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ........................................ 4,410 4,410 

106 0702806F ACQUISITION AND MANAGEMENT SUPPORT ........................................ 14,613 14,613 

107 0804731F GENERAL SKILL TRAINING ........................................................................ 1,404 1,404 

109 1001004F INTERNATIONAL ACTIVITIES .................................................................... 4,784 4,784 

SUBTOTAL MANAGEMENT SUPPORT ...................................... 1,245,577 1,245,577 

OPERATIONAL SYSTEMS DEVELOPMENT 

110 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL 

SEGMENT.

393,268 393,268 

111 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ....................... 15,427 15,427 

112 0604445F WIDE AREA SURVEILLANCE ...................................................................... 46,695 46,695 

115 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ........... 10,368 10,368 

116 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ........................... 31,952 31,952 

117 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ................ 42,960 42,960 

118 0605278F HC/MC–130 RECAP RDT&E ........................................................................... 13,987 13,987 

119 0101113F B–52 SQUADRONS ........................................................................................... 78,267 78,267 

120 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ............................................. 453 453 

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 


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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

184 0304260F AIRBORNE SIGINT ENTERPRISE .............................................................. 90,762 90,762 

187 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ..................................... 4,354 4,354 

188 0305110F SATELLITE CONTROL NETWORK (SPACE) ............................................ 15,624 15,624 

189 0305111F WEATHER SERVICE ...................................................................................... 19,974 22,974

Commercial Weather Pilot Program ......................................................... [3,000 ] 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM 

(ATCALS).

9,770 9,770 

191 0305116F AERIAL TARGETS ........................................................................................... 3,051 3,051 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ....................................... 405 405 

195 0305145F ARMS CONTROL IMPLEMENTATION ........................................................ 4,844 4,844 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES .................. 339 339 

199 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER .................. 3,989 3,989 

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY 

DEVELOPMENT.

3,070 3,070 

201 0305179F INTEGRATED BROADCAST SERVICE (IBS) ............................................ 8,833 8,833 

202 0305182F SPACELIFT RANGE SYSTEM (SPACE) ..................................................... 11,867 11,867 

203 0305202F DRAGON U–2 .................................................................................................... 37,217 37,217 

205 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ............................................... 3,841 18,841 

Wide area motion imagery ........................................................................ [15,000 ] 

206 0305207F MANNED RECONNAISSANCE SYSTEMS ................................................... 20,975 20,975 

207 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .................... 18,902 18,902 

208 0305220F RQ–4 UAV ........................................................................................................... 256,307 256,307 

209 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ........................... 22,610 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 


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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 ] 

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 


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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.28,498 28,498 

069 0603600D8Z WALKOFF .......................................................................................................... 89,643 89,643 

071 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES .... 2,136 2,136 

072 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.52,491 52,491 

073 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT .. 206,834 206,834 

074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 862,080 862,080 

075 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ..... 138,187 138,187 

076 0603884C BALLISTIC MISSILE DEFENSE SENSORS .............................................. 230,077 230,077 

077 0603890C BMD ENABLING PROGRAMS ....................................................................... 401,594 401,594 

078 0603891C SPECIAL PROGRAMS—MDA ........................................................................ 321,607 321,607 

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 (AITS-JPO) .... 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 

123 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ............................... 1,658 1,658 

124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ................................................... 2,920 2,920 


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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

SYSTEM DEVELOPMENT & DEMONSTRATION 

117 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) .............................. 10,900 10,900 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT .............................................. 73,110 73,110 


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•HR 4909 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 

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 


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SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

House Authorized 

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 


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•HR 4909 RH

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 


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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 

140 ADMINISTRATION ................................................................................. 68,528 71,052 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


sradovich on DSK3TPTVN1PROD with BILLS
1091 

•HR 4909 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1092 

•HR 4909 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1093 

•HR 4909 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1094 

•HR 4909 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 ] 

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 ] 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4909 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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, DEFENSEWIDE ................................................................................................... 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 

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 


sradovich on DSK3TPTVN1PROD with BILLS
1096 

•HR 4909 RH

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 ] 


sradovich on DSK3TPTVN1PROD with BILLS
1097 

•HR 4909 RH

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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 


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•HR 4909 RH

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

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 

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, DEFENSEWIDE ................................................................................................... 38,044 38,044 


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•HR 4909 RH

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

REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

House Authorized 

TOTAL OPERATION & MAINTENANCE ............................. 3,604,722 9,186,946 

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 ] 


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•HR 4909 RH

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS. 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

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 

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 


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•HR 4909 RH

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

House 

Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ............................................................................................ 730,087 760,087 

SOUTHCOM Operational Support ....................................... [30,000 ] 

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 


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•HR 4909 RH

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 

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 


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•HR 4909 RH

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 

Military Construction, Army Total .......................................................................................... 503,459 572,959 

Arizona 


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•HR 4909 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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•HR 4909 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

House Agreement 

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 

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 


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SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title FY 2017 

Request 

House 

Agreement 

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 

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 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

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: 

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] 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

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 

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 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

House Authorized 

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’’. 

5 TITLE LX—GENERAL 

6 PROVISIONS 

7 SEC. 6001. DEFINITIONS. 

8 (a) DEFINITION OF MILITARY JUDGE.—Paragraph 

9 (10) of section 801 of title 10, United States Code (article 


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1 1 of the Uniform Code of Military Justice), is amended to 

2 read as follows: 

3 ‘‘(10) The term ‘military judge’ means a judge 

4 advocate designated under section 826(c) of this title 

5 (article 26(c)) who is detailed under section 826(a) of 

6 this title (article 26(a)).’’. 

7 (b) DEFINITION OF JUDGE ADVOCATE.—Paragraph 

8 (13) of such section (article) is amended— 

9 (1) in subparagraph (A), by striking ‘‘the Army 

10 or the Navy’’ and inserting ‘‘the Army, the Navy, or 

11 the Air Force’’; and 

12 (2) in subparagraph (B), by striking ‘‘the Air 

13 Force or’’. 

14 SEC. 6002. CLARIFICATION OF PERSONS SUBJECT TO UCMJ 

15 WHILE ON INACTIVE-DUTY TRAINING. 

16 Paragraph (3) of section 802(a) of title 10, United 

17 States Code (article 2(a) of the Uniform Code of Military 

18 Justice), is amended to read as follows: 

19 ‘‘(3)(A) While on inactive-duty training and 

20 during any of the periods specified in subparagraph 

21 (B)— 

22 ‘‘(i) members of a reserve component; and 

23 ‘‘(ii) members of the Army National Guard 

24 of the United States or the Air National Guard 


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1 of the United States, but only when in Federal 

2 service. 

3 ‘‘(B) The periods referred to in subparagraph 

4 (A) are the following: 

5 ‘‘(i) Travel to and from the inactive-duty 

6 training site of the member, pursuant to orders 

7 or regulations. 

8 ‘‘(ii) Intervals between consecutive periods 

9 of inactive-duty training on the same day, pur10 suant to orders or regulations. 

11 ‘‘(iii) Intervals between inactive-duty train12 ing on consecutive days, pursuant to orders or 

13 regulations.’’. 

14 SEC. 6003. STAFF JUDGE ADVOCATE DISQUALIFICATION 

15 DUE TO PRIOR INVOLVEMENT IN CASE. 

16 Subsection (c) of section 806 of title 10, United States 

17 Code (article 6 of the Uniform Code of Military Justice), 

18 is amended to read as follows: 

19 ‘‘(c)(1) No person who, with respect to a case, serves 

20 in a capacity specified in paragraph (2) may later serve 

21 as a staff judge advocate or legal officer to any reviewing 

22 or convening authority upon the same case. 

23 ‘‘(2) The capacities referred to in paragraph (1) are, 

24 with respect to the case involved, any of the following: 


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1 ‘‘(A) Preliminary hearing officer, court member, 

2 military judge, military magistrate, or appellate 

3 judge. 

4 ‘‘(B) Counsel who have acted in the same case or 

5 appeared in any proceeding before a military judge, 

6 military magistrate, preliminary hearing officer, or 

7 appellate court.’’. 

8 SEC. 6004. CONFORMING AMENDMENT RELATING TO MILI9 TARY MAGISTRATES. 

10 The first sentence of section 806a(a) of title 10, United 

11 States Code (article 6a(a) of the Uniform Code of Military 

12 Justice), is amended by striking ‘‘military judge’’ and all 

13 that follows through the end of the sentence and inserting 

14 ‘‘military appellate judge, military judge, or military mag15 istrate to perform the duties of the position involved.’’. 

16 SEC. 6005. RIGHTS OF VICTIM. 

17 (a) DESIGNATION OF REPRESENTATIVE.—Subsection 

18 (c) of section 806b of title 10, United States Code (article 

19 6b of the Uniform Code of Military Justice), is amended 

20 in the first sentence by striking ‘‘the military judge’’ and 

21 all that follows through the end of the sentence and inserting 

22 the following: ‘‘the legal guardians of the victim or the rep23 resentatives of the victim’s estate, family members, or any 

24 other person designated as suitable by the military judge, 

25 may assume the rights of the victim under this section.’’. 


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1 (b) RULE OF CONSTRUCTION.—Subsection (d) of such 

2 section (article) is amended— 

3 (1) by striking ‘‘or’’ at the end of paragraph (1); 

4 (2) by striking the period at the end of para5 graph (2) and inserting ‘‘; or’’; and 

6 (3) by adding at the end the following new para7 graph: 

8 ‘‘(3) to impair the exercise of discretion under 

9 sections 830 and 834 of this title (articles 30 and 

10 34).’’. 

11 (c) INTERVIEW OF VICTIM.—Such section (article) is 

12 amended by adding at the end the following new subsection: 

13 ‘‘(f) COUNSEL FOR ACCUSED INTERVIEW OF VICTIM OF

14 ALLEGED OFFENSE.—(1) Upon notice by counsel for the 

15 Government to counsel for the accused of the name of an 

16 alleged victim of an offense under this chapter who counsel 

17 for the Government intends to call as a witness at a pro18 ceeding under this chapter, counsel for the accused shall 

19 make any request to interview the victim through the Spe20 cial Victim’s Counsel or other counsel for the victim, if ap21 plicable. 

22 ‘‘(2) If requested by an alleged victim who is subject 

23 to a request for interview under paragraph (1), any inter24 view of the victim by counsel for the accused shall take place 


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1 only in the presence of the counsel for the Government, a 

2 counsel for the victim, or, if applicable, a victim advocate.’’. 

3 TITLE LXI—APPREHENSION AND 

4 RESTRAINT 

5 SEC. 6101. RESTRAINT OF PERSONS CHARGED. 

6 Section 810 of title 10, United States Code (article 10 

7 of the Uniform Code of Military Justice), is amended to 

8 read as follows: 

9 ‘‘§ 810. Art. 10. Restraint of person charged 

10 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), any 

11 person subject to this chapter who is charged with an offense 

12 under this chapter may be ordered into arrest or confine13 ment as the circumstances require. 

14 ‘‘(2) When a person subject to this chapter is charged 

15 only with an offense that is normally tried by summary 

16 court-martial, the person ordinarily shall not be ordered 

17 into confinement. 

18 ‘‘(b) NOTIFICATION TO ACCUSED AND RELATED PRO19 CEDURES.—(1) When a person subject to this chapter is or20 dered into arrest or confinement before trial, immediate 

21 steps shall be taken— 

22 ‘‘(A) to inform the person of the specific offense 

23 of which the person is accused; and 

24 ‘‘(B) to try the person or to dismiss the charges 

25 and release the person. 


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1 ‘‘(2) To facilitate compliance with paragraph (1), the 

2 President shall prescribe regulations setting forth proce3 dures relating to referral for trial, including procedures for 

4 prompt forwarding of the charges and specifications and, 

5 if applicable, the preliminary hearing report submitted 

6 under section 832 of this title (article 32).’’. 

7 SEC. 6102. MODIFICATION OF PROHIBITION OF CONFINE8 MENT OF ARMED FORCES MEMBERS WITH 

9 ENEMY PRISONERS AND CERTAIN OTHERS. 

10 Section 812 of title 10, United States Code (article 12 

11 of the Uniform Code of Military Justice), is amended to 

12 read as follows: 

13 ‘‘§ 812. Art. 12. Prohibition of confinement of armed 

14 forces members with enemy prisoners and 

15 certain others 

16 ‘‘No member of the armed forces may be placed in con17 finement in immediate association with— 

18 ‘‘(1) enemy prisoners; or 

19 ‘‘(2) other individuals— 

20 ‘‘(A) who are detained under the law of war 

21 and are foreign nationals; and 

22 ‘‘(B) who are not members of the armed 

23 forces.’’. 


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1 TITLE LXII—NON-JUDICIAL 

2 PUNISHMENT 

3 SEC. 6201. MODIFICATION OF CONFINEMENT AS NON-JUDI4 CIAL PUNISHMENT. 

5 Section 815 of title 10, United States Code (article 15 

6 of the Uniform Code of Military Justice), is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (2)(A), by striking ‘‘on 

9 bread and water or diminished rations’’; and 

10 (B) in the undesignated matter after para11 graph (2), by striking ‘‘on bread and water or 

12 diminished rations’’ in the sentence beginning 

13 ‘‘No two or more’’; and 

14 (2) in subsection (d), by striking ‘‘on bread and 

15 water or diminished rations’’ in paragraphs (2) and 

16 (3). 

17 TITLE LXIII—COURT-MARTIAL 

18 JURISDICTION 

19 SEC. 6301. COURTS-MARTIAL CLASSIFIED. 

20 Section 816 of title 10, United States Code (article 16 

21 of the Uniform Code of Military Justice), is amended to 

22 read as follows: 

23 ‘‘§ 816. Art 16. Courts-martial classified 

24 ‘‘(a) IN GENERAL.—The three kinds of courts-martial 

25 in each of the armed forces are the following: 


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1 ‘‘(1) General courts-martial, as described in sub2 section (b). 

3 ‘‘(2) Special courts-martial, as described in sub4 section (c). 

5 ‘‘(3) Summary courts-martial, as described in 

6 subsection (d). 

7 ‘‘(b) GENERAL COURTS-MARTIAL.—General courts8 martial are of the following three types: 

9 ‘‘(1) A general court-martial consisting of a 

10 military judge and eight members, subject to sections 

11 825(d)(3) and 829 of this title (articles 25(d)(3) and 

12 29). 

13 ‘‘(2) In a capital case, a general court-martial 

14 consisting of a military judge and the number of 

15 members determined under section 825a of this title 

16 (article 25a), subject to sections 825(d)(3) and 829 of 

17 this title (articles 25(d)(3) and 29). 

18 ‘‘(3) A general court-martial consisting of a 

19 military judge alone, if, before the court is assembled, 

20 the accused, knowing the identity of the military 

21 judge and after consultation with defense counsel, re22 quests, orally on the record or in writing, a court 

23 composed of a military judge alone and the military 

24 judge approves the request. 


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1 ‘‘(c) SPECIAL COURTS-MARTIAL.—Special courts-mar2 tial are of the following two types: 

3 ‘‘(1) A special court-martial, consisting of a 

4 military judge and four members, subject to sections 

5 825(d)(3) and 829 of this title (articles 25(d)(3) and 

6 29). 

7 ‘‘(2) A special court-martial consisting of a mili8 tary judge alone— 

9 ‘‘(A) if the case is so referred by the con10 vening authority, subject to section 819 of this 

11 title (article 19) and such limitations as the 

12 President may prescribe by regulation; or 

13 ‘‘(B) if the case is referred under paragraph 

14 (1) and, before the court is assembled, the ac15 cused, knowing the identity of the military judge 

16 and after consultation with defense counsel, re17 quests, orally on the record or in writing, a court 

18 composed of a military judge alone and the mili19 tary judge approves the request. 

20 ‘‘(d) SUMMARY COURT-MARTIAL.—A summary court21 martial consists of one commissioned officer.’’. 

22 SEC. 6302. JURISDICTION OF GENERAL COURTS-MARTIAL. 

23 Section 818 of title 10, United States Code (article 18 

24 of the Uniform Code of Military Justice), is amended— 


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1 (1) in subsection (b), by striking ‘‘section 

2 816(1)(B) of this title (article 16(1)(B))’’ and insert3 ing ‘‘section 816(b)(3) of this title (article 16(b)(3))’’; 

4 and 

5 (2) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) Consistent with sections 819 and 820 of this title 

8 (articles 19 and 20), only general courts-martial have juris9 diction over the following offenses: 

10 ‘‘(1) A violation of subsection (a) or (b) of sec11 tion 920 of this title (article 120). 

12 ‘‘(2) A violation of subsection (a) or (b) of sec13 tion 920b of this title (article 120b). 

14 ‘‘(3) An attempt to commit an offense specified 

15 in paragraph (1) or (2) that is punishable under sec16 tion 880 of this title (article 80).’’. 

17 SEC. 6303. JURISDICTION OF SPECIAL COURTS-MARTIAL. 

18 Section 819 of title 10, United States Code (article 19 

19 of the Uniform Code of Military Justice), is amended— 

20 (1) by striking ‘‘Subject to’’ in the first sentence 

21 and inserting the following: 

22 ‘‘(a) IN GENERAL.—Subject to’’; 

23 (2) by striking ‘‘A bad-conduct discharge’’ and 

24 all that follows through the end; and 


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1 (3) by adding after subsection (a), as designated 

2 by paragraph (1), the following new subsections: 

3 ‘‘(b) ADDITIONAL LIMITATION.—Neither a bad-conduct 

4 discharge, nor confinement for more than six months, nor 

5 forfeiture of pay for more than six months may be adjudged 

6 if charges and specifications are referred to a special court7 martial consisting of a military judge alone under section 

8 816(c)(2)(A) of this title (article 16(c)(2)(A)). 

9 ‘‘(c) MILITARY MAGISTRATE.—If charges and speci10 fications are referred to a special court-martial consisting 

11 of a military judge alone under section 816(c)(2)(A) of this 

12 title (article 16(c)(2)(A)), the military judge, with the con13 sent of the parties, may designate a military magistrate 

14 to preside over the special court-martial.’’. 

15 SEC. 6304. SUMMARY COURT-MARTIAL AS NON-CRIMINAL 

16 FORUM. 

17 Section 820 of title 10, United States Code (article 20 

18 of the Uniform Code of Military Justice), is amended— 

19 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

20 ‘‘Subject to’’; and 

21 (2) by adding at the end the following new sub22 section: 

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1 mary court-martial does not constitute a criminal convic2 tion.’’. 

3 TITLE LXIV—COMPOSITION OF 

4 COURTS-MARTIAL 

5 SEC. 6401. TECHNICAL AMENDMENT RELATING TO PER6 SONS AUTHORIZED TO CONVENE GENERAL 

7 COURTS-MARTIAL. 

8 Section 822(a)(6) of title 10, United States Code (arti9 cle 22(a)(6) of the Uniform Code of Military Justice), is 

10 amended by striking ‘‘in chief’’. 

11 SEC. 6402. WHO MAY SERVE ON COURTS-MARTIAL; DETAIL 

12 OF MEMBERS. 

13 (a) WHO MAY SERVE ON COURTS-MARTIAL.—Sub14 section (c) of section 825 of title 10, United States Code 

15 (article 25 of the Uniform Code of Military Justice), is 

16 amended to read as follows: 

17 ‘‘(c)(1) Any enlisted member on active duty is eligible 

18 to serve on a general or special court-martial for the trial 

19 of any other enlisted member. 

20 ‘‘(2) Before a court-martial with a military judge and 

21 members is assembled for trial, an enlisted member who is 

22 an accused may personally request, orally on the record or 

23 in writing, that— 

24 ‘‘(A) the membership of the court-martial be 

25 comprised entirely of officers; or 


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1 ‘‘(B) enlisted members comprise at least one2 third of the membership of the court-martial, regard3 less of whether enlisted members have been detailed to 

4 the court-martial. 

5 ‘‘(3) Except as provided in paragraph (4), after such 

6 a request, the accused may not be tried by a general or spe7 cial court-martial if the membership of the court-martial 

8 is inconsistent with the request. 

9 ‘‘(4) If, because of physical conditions or military ex10 igencies, a sufficient number of eligible officers or enlisted 

11 members, as the case may be, are not available to carry 

12 out paragraph (2), the trial may nevertheless be held. In 

13 that event, the convening authority shall make a detailed 

14 written statement of the reasons for nonavailability. The 

15 statement shall be appended to the record.’’. 

16 (b) DETAIL OF MEMBERS.—Subsection (d) of such sec17 tion (article) is amended by adding at the end the following 

18 new paragraph: 

19 ‘‘(3) The convening authority shall detail not less 

20 than the number of members necessary to impanel the 

21 court-martial under section 829 of this title (article 

22 29).’’. 


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1 SEC. 6403. NUMBER OF COURT-MARTIAL MEMBERS IN CAP2 ITAL CASES. 

3 Section 825a of title 10, United States Code (article 

4 25a of the Uniform Code of Military Justice), is amended 

5 to read as follows: 

6 ‘‘§ 825a. Art. 25a. Number of court-martial members in 

7 capital cases 

8 ‘‘(a) IN GENERAL.—In a case in which the accused 

9 may be sentenced to death, the number of members shall 

10 be 12. 

11 ‘‘(b) CASE NO LONGER CAPITAL.—Subject to section 

12 829 of this title (article 29)— 

13 ‘‘(1) if a case is referred for trial as a capital 

14 case and, before the members are impaneled, the ac15 cused may no longer be sentenced to death, the num16 ber of members shall be eight; and 

17 ‘‘(2) if a case is referred for trial as a capital 

18 case and, after the members are impaneled, the ac19 cused may no longer be sentenced to death, the num20 ber of members shall remain 12.’’. 

21 SEC. 6404. DETAILING, QUALIFICATIONS, ETC. OF MILITARY 

22 JUDGES. 

23 (a) SPECIAL COURTS-MARTIAL.—Subsection (a) of sec24 tion 826 of title 10, United States Code (article 26 of the 

25 Uniform Code of Military Justice), is amended— 


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1 (1) in the first sentence, by inserting after ‘‘each 

2 general’’ the following: ‘‘and special’’; and 

3 (2) by striking the second sentence. 

4 (b) QUALIFICATIONS.—Subsection (b) of such section 

5 (article) is amended by striking ‘‘qualified for duty’’ and 

6 inserting ‘‘qualified, by reason of education, training, expe7 rience, and judicial temperament, for duty’’. 

8 (c) DETAIL AND ASSIGNMENT.—Subsection (c) of such 

9 section (article) is amended to read as follows: 

10 ‘‘(c)(1) In accordance with regulations prescribed 

11 under subsection (a), a military judge of a general or spe12 cial court-martial shall be designated for detail by the 

13 Judge Advocate General of the armed force of which the 

14 military judge is a member. 

15 ‘‘(2) Neither the convening authority nor any member 

16 of the staff of the convening authority shall prepare or re17 view any report concerning the effectiveness, fitness, or effi18 ciency of the military judge so detailed, which relates to 

19 the military judge’s performance of duty as a military 

20 judge. 

21 ‘‘(3) A commissioned officer who is certified to be 

22 qualified for duty as a military judge of a general court23 martial— 

24 ‘‘(A) may perform such duties only when the of25 ficer is assigned and directly responsible to the Judge 


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1 Advocate General of the armed force of which the 

2 military judge is a member; and 

3 ‘‘(B) may perform duties of a judicial or non4 judicial nature other than those relating to the offi5 cer’s primary duty as a military judge of a general 

6 court-martial when such duties are assigned to the of7 ficer by or with the approval of that Judge Advocate 

8 General. 

9 ‘‘(4) In accordance with regulations prescribed by the 

10 President, assignments of military judges under this section 

11 (article) shall be for appropriate minimum periods, subject 

12 to such exceptions as may be authorized in the regula13 tions.’’. 

14 (d) DETAIL TO A DIFFERENT ARMED FORCE.—Such 

15 section (article) is further amended by adding at the end 

16 the following new subsection: 

17 ‘‘(f) A military judge may be detailed under subsection 

18 (a) to a court-martial that is convened in a different armed 

19 force, when so permitted by the Judge Advocate General of 

20 the armed force of which the military judge is a member.’’. 

21 (e) CHIEF TRIAL JUDGES.—Such section (article), as 

22 amended by subsection (d), is further amended by adding 

23 at the end the following new subsection: 

24 ‘‘(g) In accordance with regulations prescribed by the 

25 President, each Judge Advocate General shall designate a 


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1 chief trial judge from among the members of the applicable 

2 trial judiciary.’’. 

3 SEC. 6405. QUALIFICATIONS OF TRIAL COUNSEL AND DE4 FENSE COUNSEL. 

5 Section 827 of title 10, United States Code (article 27 

6 of the Uniform Code of Military Justice), is amended— 

7 (1) in the first sentence of paragraph (2) of sub8 section (a), by striking ‘‘No person’’ and all that fol9 lows through ‘‘trial counsel,’’ the first place it appears 

10 and inserting the following: ‘‘No person who, with re11 spect to a case, has served as a preliminary hearing 

12 officer, court member, military judge, military mag13 istrate, or appellate judge, may later serve as trial 

14 counsel,’’; 

15 (2) in the first sentence of subsection (b), by 

16 striking ‘‘Trial counsel or defense counsel’’ and insert17 ing ‘‘Trial counsel, defense counsel, or assistant de18 fense counsel’’; and 

19 (3) by striking subsection (c) and inserting the 

20 following new subsections: 

21 ‘‘(c)(1) Defense counsel and assistant defense counsel 

22 detailed for a special court-martial shall have the qualifica23 tions set forth in subsection (b). 

24 ‘‘(2) Trial counsel and assistant trial counsel detailed 

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1 tailed for a general court-martial must be determined to 

2 be competent to perform such duties by the Judge Advocate 

3 General, under such rules as the President may prescribe. 

4 ‘‘(d) To the greatest extent practicable, in any capital 

5 case, at least one defense counsel shall, as determined by 

6 the Judge Advocate General, be learned in the law applica7 ble to such cases. If necessary, this counsel may be a civilian 

8 and, if so, may be compensated in accordance with regula9 tions prescribed by the Secretary of Defense.’’. 

10 SEC. 6406. ASSEMBLY AND IMPANELING OF MEMBERS; DE11 TAIL OF NEW MEMBERS AND MILITARY 

12 JUDGES. 

13 Section 829 of title 10, United States Code (article 29 

14 of the Uniform Code of Military Justice), is amended to 

15 read as follows: 

16 ‘‘§ 829. Art. 29. Assembly and impaneling of members; 

17 detail of new members and military 

18 judges 

19 ‘‘(a) ASSEMBLY.—The military judge shall announce 

20 the assembly of a general or special court-martial with 

21 members. After such a court-martial is assembled, no mem22 ber may be absent, unless the member is excused— 

23 ‘‘(1) as a result of a challenge; 

24 ‘‘(2) under subsection (b)(1)(B); or 


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1 ‘‘(3) by order of the military judge or the con2 vening authority for disability or other good cause. 

3 ‘‘(b) IMPANELING.—(1) Under rules prescribed by the 

4 President, the military judge of a general or special court5 martial with members shall— 

6 ‘‘(A) after determination of challenges, impanel 

7 the court-martial; and 

8 ‘‘(B) excuse the members who, having been as9 sembled, are not impaneled. 

10 ‘‘(2) In a general court-martial, the military judge 

11 shall impanel— 

12 ‘‘(A) 12 members in a capital case; and 

13 ‘‘(B) eight members in a noncapital case. 

14 ‘‘(3) In a special court-martial, the military judge 

15 shall impanel four members. 

16 ‘‘(c) ALTERNATE MEMBERS.—In addition to members 

17 under subsection (b), the military judge shall impanel alter18 nate members, if the convening authority authorizes alter19 nate members. 

20 ‘‘(d) DETAIL OF NEW MEMBERS.—(1) If, after mem21 bers are impaneled, the membership of the court-martial is 

22 reduced to— 

23 ‘‘(A) fewer than 12 members with respect to a 

24 general court-martial in a capital case; 


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

2 general court-martial in a noncapital case; or 

3 ‘‘(C) fewer than four members with respect to a 

4 special court-martial; 

5 the trial may not proceed unless the convening au6 thority details new members and, from among the 

7 members so detailed, the military judge impanels new 

8 members sufficient in number to provide the member9 ship specified in paragraph (2). 

10 ‘‘(2) The membership referred to in paragraph 

11 (1) is as follows: 

12 ‘‘(A) 12 members with respect to a general 

13 court-martial in a capital case. 

14 ‘‘(B) At least six but not more than eight 

15 members with respect to a general court-martial 

16 in a noncapital case. 

17 ‘‘(C) Four members with respect to a special 

18 court-martial. 

19 ‘‘(e) DETAIL OF NEW MILITARY JUDGE.—If the mili20 tary judge is unable to proceed with the trial because of 

21 disability or otherwise, a new military judge shall be de22 tailed to the court-martial. 

23 ‘‘(f) EVIDENCE.—(1) In the case of new members under 

24 subsection (d), the trial may proceed with the new members 

25 present after the evidence previously introduced is read or, 


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1 in the case of audiotape, videotape, or similar recording, 

2 is played, in the presence of the new members, the military 

3 judge, the accused, and counsel for both sides. 

4 ‘‘(2) In the case of a new military judge under sub5 section (e), the trial shall proceed as if no evidence had been 

6 introduced, unless the evidence previously introduced is 

7 read or, in the case of audiotape, videotape, or similar re8 cording, is played, in the presence of the new military 

9 judge, the accused, and counsel for both sides.’’. 

10 SEC. 6407. MILITARY MAGISTRATES. 

11 Subchapter V of chapter 47 of title 10, United States 

12 Code, is amended by inserting after section 826 (article 26 

13 of the Uniform Code of Military Justice) the following new 

14 section (article): 

15 ‘‘§ 826a. Art. 26a. Military magistrates 

16 ‘‘(a) QUALIFICATIONS.—A military magistrate shall be 

17 a commissioned officer of the armed forces who— 

18 ‘‘(1) is a member of the bar of a Federal court 

19 or a member of the bar of the highest court of a State; 

20 and 

21 ‘‘(2) is certified to be qualified, by reason of edu22 cation, training, experience, and judicial tempera23 ment, for duty as a military magistrate by the Judge 

24 Advocate General of the armed force of which the offi25 cer is a member. 


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1 ‘‘(b) DUTIES.—In accordance with regulations pre2 scribed by the Secretary concerned, in addition to duties 

3 when designated under section 819 of this title (article 19), 

4 a military magistrate may be assigned to perform other du5 ties of a nonjudicial nature.’’. 

6 TITLE LXV—PRE-TRIAL 

7 PROCEDURE 

8 SEC. 6501. CHARGES AND SPECIFICATIONS. 

9 Section 830 of title 10, United States Code (article 30 

10 of the Uniform Code of Military Justice), is amended to 

11 read as follows: 

12 ‘‘§ 830. Art. 30. Charges and specifications 

13 ‘‘(a) IN GENERAL.—Charges and specifications— 

14 ‘‘(1) may be preferred only by a person subject 

15 to this chapter; and 

16 ‘‘(2) shall be preferred by presentment in writ17 ing, signed under oath before a commissioned officer 

18 of the armed forces who is authorized to administer 

19 oaths. 

20 ‘‘(b) REQUIRED CONTENT.—The writing under sub21 section (a) shall state that— 

22 ‘‘(1) the signer has personal knowledge of, or has 

23 investigated, the matters set forth in the charges and 

24 specifications; and 


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1 ‘‘(2) the charges and specifications are true, to 

2 the best of the knowledge and belief of the signer. 

3 ‘‘(c) DUTY OF PROPER AUTHORITY.—When charges 

4 and specifications are preferred under subsection (a), the 

5 proper authority shall, as soon as practicable— 

6 ‘‘(1) inform the person accused of the charges 

7 and specifications; and 

8 ‘‘(2) determine what disposition should be made 

9 of the charges and specifications in the interest of jus10 tice and discipline.’’. 

11 SEC. 6502. PRELIMINARY HEARING REQUIRED BEFORE RE12 FERRAL TO GENERAL COURT-MARTIAL. 

13 (a) IN GENERAL.—Section 832 of title 10, United 

14 States Code (article 32 of the Uniform Code of Military Jus15 tice), is amended by striking the section heading and sub16 sections (a), (b), and (c), and inserting the following: 

17 ‘‘§ 832. Art. 32. Preliminary hearing required before 

18 referral to general court-martial 

19 ‘‘(a) IN GENERAL.—(1)(A) Except as provided in sub20 paragraph (B), a preliminary hearing shall be held before 

21 referral of charges and specifications for trial by general 

22 court-martial. The preliminary hearing shall be conducted 

23 by an impartial hearing officer, detailed by the convening 

24 authority in accordance with subsection (b). 


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1 ‘‘(B) Under regulations prescribed by the President, a 

2 preliminary hearing need not be held if the accused submits 

3 a written waiver to the convening authority and the con4 vening authority determines that a hearing is not required. 

5 ‘‘(2) The issues for determination at a preliminary 

6 hearing are limited to the following: 

7 ‘‘(A) Whether or not the specification alleges an 

8 offense under this chapter. 

9 ‘‘(B) Whether or not there is probable cause to 

10 believe that the accused committed the offense charged. 

11 ‘‘(C) Whether or not the convening authority has 

12 court-martial jurisdiction over the accused and over 

13 the offense. 

14 ‘‘(D) A recommendation as to the disposition 

15 that should be made of the case. 

16 ‘‘(b) HEARING OFFICER.—(1) A preliminary hearing 

17 under this section shall be conducted by an impartial hear18 ing officer, who— 

19 ‘‘(A) whenever practicable, shall be a judge advo20 cate who is certified under section 827(b)(2) of this 

21 title (article 27(b)(2)); or 

22 ‘‘(B) in exceptional circumstances, shall be an 

23 impartial hearing officer, who is not a judge advocate 

24 so certified. 


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1 ‘‘(2) In the case of a hearing officer under paragraph 

2 (1)(B), a judge advocate who is certified under section 

3 827(b)(2) of this title (article 27(b)(2)) shall be available 

4 to provide legal advice to the hearing officer. 

5 ‘‘(3) Whenever practicable, the hearing officer shall be 

6 equal in grade or senior in grade to military counsel who 

7 are detailed to represent the accused or the Government at 

8 the preliminary hearing. 

9 ‘‘(c) REPORT TO CONVENING AUTHORITY.—After a 

10 preliminary hearing under this section, the hearing officer 

11 shall submit to the convening authority a written report 

12 (accompanied by a recording of the preliminary hearing 

13 under subsection (e)) that includes the following: 

14 ‘‘(1) For each specification, a statement of the 

15 reasoning and conclusions of the hearing officer with 

16 respect to determinations under subsection (a)(2), in17 cluding a summary of relevant witness testimony and 

18 documentary evidence presented at the hearing and 

19 any observations of the hearing officer concerning the 

20 testimony of witnesses and the availability and ad21 missibility of evidence at trial. 

22 ‘‘(2) Recommendations for any necessary modi23 fications to the form of the charges or specifications. 

24 ‘‘(3) An analysis of any additional information 

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1 tim of an offense, that, under such rules as the Presi2 dent may prescribe, is relevant to disposition under 

3 sections 830 and 834 of this title (articles 30 and 34). 

4 ‘‘(4) A statement of action taken on evidence ad5 duced with respect to uncharged offenses, as described 

6 in subsection (f).’’. 

7 (b) SUNDRY AMENDMENTS.—Subsection (d) of such 

8 section (article) is amended— 

9 (1) in paragraph (1), by striking ‘‘subsection 

10 (a)’’ in the first sentence and inserting ‘‘this section’’; 

11 (2) in paragraph (2), by striking ‘‘in defense’’ 

12 and all that follows through the end and inserting 

13 ‘‘that is relevant to the issues for determination under 

14 subsection (a)(2).’’; 

15 (3) in paragraph (3), by adding at the end the 

16 following new sentence: ‘‘A declination under this 

17 paragraph shall not serve as the sole basis for order18 ing a deposition under section 849 of this title (article 

19 49).’’; and 

20 (4) in paragraph (4), by striking ‘‘the limited 

21 purposes of the hearing, as provided in subsection 

22 (a)(2).’’ and inserting the following: ‘‘determinations 

23 under subsection (a)(2).’’. 

24 (c) REFERENCE TO MCM.—Subsection (e) of such sec25 tion (article) is amended by striking ‘‘as prescribed by the 


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1 Manual for Courts-Martial’’ in the second sentence and in2 serting ‘‘under such rules as the President may prescribe’’. 

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 subsection 

6 (c) is not a basis for relief if the report is in substantial 

7 compliance with that subsection.’’. 

8 SEC. 6503. DISPOSITION GUIDANCE. 

9 Section 833 of title 10, United States Code (article 33 

10 of the Uniform Code of Military Justice), is amended to 

11 read as follows: 

12 ‘‘§ 833. Art 33. Disposition guidance 

13 ‘‘The President shall direct the Secretary of Defense to 

14 issue, in consultation with the Secretary of the department 

15 in which the Coast Guard is operating when it is not oper16 ating as a service in the Navy, non-binding guidance re17 garding factors that commanders, convening authorities, 

18 staff judge advocates, and judge advocates should take into 

19 account when exercising their duties with respect to disposi20 tion of charges and specifications in the interest of justice 

21 and discipline under sections 830 and 834 of this title (arti22 cles 30 and 34). Such guidance shall take into account, with 

23 appropriate consideration of military requirements, the 

24 principles contained in official guidance of the Attorney 

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1 position of Federal criminal cases in accordance with the 

2 principle of fair and evenhanded administration of Federal 

3 criminal law.’’. 

4 SEC. 6504. ADVICE TO CONVENING AUTHORITY BEFORE RE5 FERRAL FOR TRIAL. 

6 Section 834 of title 10, United States Code (article 34 

7 of the Uniform Code of Military Justice), is amended to 

8 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 REQUIRED

13 BEFORE REFERRAL.—Before referral of charges and 

14 specifications to a general court-martial for trial, the 

15 convening authority shall submit the matter to the 

16 staff judge advocate for advice, which the staff judge 

17 advocate shall provide to the convening authority in 

18 writing. The convening authority may not refer a 

19 specification under a charge to a general court-mar20 tial unless the staff judge advocate advises the con21 vening 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 


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1 ‘‘(C) a court-martial would have jurisdic2 tion over the accused and the offense. 

3 ‘‘(2) STAFF JUDGE ADVOCATE RECOMMENDATION

4 AS TO DISPOSITION.—Together with the written ad5 vice provided under paragraph (1), the staff judge ad6 vocate shall provide a written recommendation to the 

7 convening authority as to the disposition that should 

8 be made of the specification in the interest of justice 

9 and discipline. 

10 ‘‘(3) STAFF JUDGE ADVOCATE ADVICE AND REC11 OMMENDATION TO ACCOMPANY REFERRAL.—When a 

12 convening authority makes a referral for trial by gen13 eral court-martial, the written advice of the staff 

14 judge advocate under paragraph (1) and the written 

15 recommendation of the staff judge advocate under 

16 paragraph (2) with respect to each specification shall 

17 accompany the referral. 

18 ‘‘(b) SPECIAL COURT-MARTIAL; CONVENING AUTHOR19 ITY CONSULTATION WITH JUDGE ADVOCATE.—Before refer20 ral of charges and specifications to a special court-martial 

21 for trial, the convening authority shall consult a judge advo22 cate 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-martial 


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1 or special court-martial, changes may be made to charges 

2 and specifications— 

3 ‘‘(1) to correct errors in form; and 

4 ‘‘(2) when applicable, to conform to the substance 

5 of the evidence contained in a report under section 

6 832(c) of this title (article 32(c)). 

7 ‘‘(d) DEFINITION.—In this section, the term ‘referral’ 

8 means the order of a convening authority that charges and 

9 specifications against an accused be tried by a specified 

10 court-martial.’’. 

11 SEC. 6505. SERVICE OF CHARGES AND COMMENCEMENT OF 

12 TRIAL. 

13 Section 835 of title 10, United States Code (article 35 

14 of the Uniform Code of Military Justice), is amended to 

15 read as follows: 

16 ‘‘§ 835. Art. 35. Service of charges; commencement of 

17 trial 

18 ‘‘(a) IN GENERAL.—Trial counsel detailed for a court19 martial under section 827 of this title (article 27) shall 

20 cause to be served upon the accused a copy of the charges 

21 and specifications referred for trial. 

22 ‘‘(b) COMMENCEMENT OF TRIAL.—(1) Subject to para23 graphs (2) and (3), no trial or other proceeding of a general 

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1 sion under section 839(a) of this title (article 39(a)) may 

2 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 the 

5 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 and 

11 only if the first session occurs before the end of the applica12 ble period under paragraph (1)(A) or (1)(B). If the first 

13 session occurs before the end of the applicable period, the 

14 military judge shall, at that session, inquire as to whether 

15 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 States 

20 Code (article 38 of the Uniform Code of Military Justice), 

21 is amended by striking ‘‘, under the direction’’ and all that 

22 follows through ‘‘(article 27),’’. 

23 SEC. 6602. SESSIONS. 

24 Section 839 of title 10, United States Code (article 39 

25 of the Uniform Code of Military Justice), is amended— 


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1 (1) in subsection (a)— 

2 (A) by redesignating paragraph (4) as 

3 paragraph (5); and 

4 (B) by striking paragraph (3) and inserting 

5 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 40 

16 of the Uniform Code of Military Justice), is amended by 

17 striking ‘‘court-martial without a military judge’’ and in18 serting ‘‘summary court-martial’’. 

19 SEC. 6604. CONFORMING AMENDMENTS RELATING TO 

20 CHALLENGES. 

21 Section 841 of title 10, United States Code (article 41 

22 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; 


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1 (2) in subsection (a)(2) by striking ‘‘minimum’’ 

2 in the first sentence; and 

3 (3) in subsection (b)(2), by striking ‘‘minimum’’. 

4 SEC. 6605. STATUTE OF LIMITATIONS. 

5 (a) INCREASE IN PERIOD FOR CHILD ABUSE OF6 FENSES.—Subsection (b)(2)(A) of section 843 of title 10, 

7 United States Code (article 43 of the Uniform Code of Mili8 tary Justice), is amended by striking ‘‘five years’’ and in9 serting ‘‘ten years’’. 

10 (b) INCREASE IN PERIOD FOR FRAUDULENT ENLIST11 MENT OR APPOINTMENT OFFENSES.—Such section (article) 

12 is further amended by adding at the end the following new 

13 subsection: 

14 ‘‘(h) FRAUDULENT ENLISTMENT OR APPOINTMENT.— 

15 A person charged with fraudulent enlistment or fraudulent 

16 appointment under section 904a(1) of this title (article 

17 104a(1)) may be tried by court-martial if the sworn charges 

18 and specifications are received by an officer exercising sum19 mary court-martial jurisdiction with respect to that person, 

20 as follows: 

21 ‘‘(1) In the case of an enlisted member, during 

22 the period of the enlistment or five years, whichever 

23 provides a longer period. 


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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 punishable 

9 by confinement for more than one year, no statute of limita10 tions that would otherwise preclude prosecution of the of11 fense shall preclude such prosecution until a period of time 

12 following the implication of the person by DNA testing has 

13 elapsed that is equal to the otherwise applicable limitation 

14 period.’’. 

15 (d) CONFORMING AMENDMENTS.—Such section (arti16 cle) is further amended in subsection (b)(2)(B) by striking 

17 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), un21 less the offense is covered by subsection (a). 

22 ‘‘(ii) Maiming in violation of section 

23 928a of this title (article 128a). 

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1 tent to commit specified offenses in viola2 tion of section 928 of this title (article 128). 

3 ‘‘(iv) Kidnapping in violation of sec4 tion 925 of this title (article 125).’’. 

5 (e) APPLICATION.—The amendments made by sub6 sections (a), (b), (c), and (d) shall apply to the prosecution 

7 of any offense committed before, on, or after the date of the 

8 enactment of this subsection if the applicable limitation pe9 riod has not yet expired. 

10 SEC. 6606. FORMER JEOPARDY. 

11 Subsection (c) of section 844 of title 10, United States 

12 Code (article 44 of the Uniform Code of Military Justice), 

13 is amended to read as follows: 

14 ‘‘(c)(1) A court-martial with a military judge alone 

15 is a trial in the sense of this section (article) if, without 

16 fault of the accused— 

17 ‘‘(A) after introduction of evidence; and 

18 ‘‘(B) before announcement of findings under sec19 tion 853 of this title (article 53); 

20 the case is dismissed or terminated by the convening 

21 authority or on motion of the prosecution for failure 

22 of available evidence or witnesses. 

23 ‘‘(2) A court-martial with a military judge and 

24 members is a trial in the sense of this section (article) 

25 if, without fault of the accused— 


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1 ‘‘(A) after the members, having taken an 

2 oath as members under section 842 of this title 

3 (article 42) and after completion of challenges 

4 under section 841 of this title (article 41), are 

5 impaneled; and 

6 ‘‘(B) before announcement of findings under 

7 section 853 of this title (article 53); 

8 the case is dismissed or terminated by the convening 

9 authority or on motion of the prosecution for failure 

10 of available evidence or witnesses.’’. 

11 SEC. 6607. PLEAS OF THE ACCUSED. 

12 (a) PLEAS OF GUILTY.—Subsection (b) of section 845 

13 of title 10, United States Code (article 45 of the Uniform 

14 Code of Military Justice), is amended— 

15 (1) in the first sentence, by striking ‘‘may be ad16 judged’’ and inserting ‘‘is mandatory’’; and 

17 (2) in the second sentence— 

18 (A) by striking ‘‘or by a court-martial with19 out a military judge’’; and 

20 (B) by striking ‘‘, if permitted by regula21 tions of the Secretary concerned,’’. 

22 (b) HARMLESS ERROR.—Such section (article) is fur23 ther amended by adding at the end the following new sub24 section: 


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1 ‘‘(c) HARMLESS ERROR.—A variance from the require2 ments of this article is harmless error if the variance does 

3 not materially prejudice the substantial rights of the ac4 cused.’’. 

5 SEC. 6608. CONTEMPT. 

6 (a) AUTHORITY TO PUNISH.—Subsection (a) of section 

7 848 of title 10, United States Code (article 48 of the Uni8 form Code of Military Justice), is amended to read as fol9 lows: 

10 ‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to any 

11 proceeding under this chapter, a judicial officer specified 

12 in paragraph (2) may punish for contempt any person 

13 who— 

14 ‘‘(A) uses any menacing word, sign, or gesture in 

15 the presence of the judicial officer during the pro16 ceeding; 

17 ‘‘(B) disturbs the proceeding by any riot or dis18 order; or 

19 ‘‘(C) willfully disobeys a lawful writ, process, 

20 order, rule, decree, or command issued with respect to 

21 the proceeding. 

22 ‘‘(2) A judicial officer referred to in paragraph (1) is 

23 any of the following: 


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1 ‘‘(A) Any judge of the Court of Appeals for the 

2 Armed Forces and any judge of a Court of Criminal 

3 Appeals under section 866 of this title (article 66). 

4 ‘‘(B) Any military judge detailed to a court5 martial, a provost court, a military commission, or 

6 any other proceeding under this chapter. 

7 ‘‘(C) Any military magistrate designated to pre8 side under section 819 of this title (article 19).’’. 

9 (b) REVIEW.—Such section (article) is further amend10 ed— 

11 (1) by redesignating subsection (c) as subsection 

12 (d); and 

13 (2) by inserting after subsection (b) the following 

14 new subsection (c): 

15 ‘‘(c) REVIEW.—A punishment under this section— 

16 ‘‘(1) if imposed by a military judge or military 

17 magistrate, may be reviewed by the Court of Criminal 

18 Appeals in accordance with the uniform rules of pro19 cedure for the Courts of Criminal Appeals under sec20 tion 866(g) of this title (article 66(g)); and 

21 ‘‘(2) if imposed by a judge of the Court of Ap22 peals for the Armed Forces or a judge of a Court of 

23 Criminal Appeals, shall constitute a judgment of the 

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1 sions of section 867 or 867a of this title (article 67 

2 or 67a).’’. 

3 (c) SECTION HEADING.—The heading for such section 

4 (article) is amended to read as follows: 

5 ‘‘§ 848. Art. 48. Contempt’’. 

6 SEC. 6609. DEPOSITIONS. 

7 Section 849 of title 10, United States Code (article 49 

8 of the Uniform Code of Military Justice), is amended to 

9 read as follows: 

10 ‘‘§ 849. Art. 49. Depositions 

11 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), a 

12 convening authority or a military judge may order deposi13 tions at the request of any party. 

14 ‘‘(2) A deposition may be ordered under paragraph (1) 

15 only if the requesting party demonstrates that, due to excep16 tional circumstances, it is in the interest of justice that the 

17 testimony of a prospective witness be preserved for use at 

18 a court-martial, military commission, court of inquiry, or 

19 other military court or board. 

20 ‘‘(3) A party who requests a deposition under this sec21 tion shall give to every other party reasonable written notice 

22 of the time and place for the deposition. 

23 ‘‘(4) A deposition under this section shall be taken be24 fore, and authenticated by, an impartial officer, as follows: 


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1 ‘‘(A) Whenever practicable, by an impartial 

2 judge advocate certified under section 827(b) of this 

3 title (article 27(b)). 

4 ‘‘(B) In exceptional circumstances, by an impar5 tial military or civil officer authorized to administer 

6 oaths by (i) the laws of the United States or (ii) the 

7 laws of the place where the deposition is taken. 

8 ‘‘(b) REPRESENTATION BY COUNSEL.—Representation 

9 of the parties with respect to a deposition shall be by counsel 

10 detailed in the same manner as trial counsel and defense 

11 counsel are detailed under section 827 of this title (article 

12 27). In addition, the accused shall have the right to be rep13 resented by civilian or military counsel in the same manner 

14 as such counsel are provided for in section 838(b) of this 

15 title (article 38(b)). 

16 ‘‘(c) ADMISSIBILITY AND USE AS EVIDENCE.—A depo17 sition order under subsection (a) does not control the admis18 sibility of the deposition in a court-martial or other pro19 ceeding under this chapter. Except as provided by sub20 section (d), a party may use all or part of a deposition 

21 as provided by the rules of evidence. 

22 ‘‘(d) CAPITAL CASES.—Testimony by deposition may 

23 be presented in capital cases only by the defense.’’. 


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1 SEC. 6610. ADMISSIBILITY OF SWORN TESTIMONY BY 

2 AUDIOTAPE OR VIDEOTAPE FROM RECORDS 

3 OF COURTS OF INQUIRY. 

4 (a) IN GENERAL.—Section 850 of title 10, United 

5 States Code (article 50 of the Uniform Code of Military Jus6 tice), is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(d) AUDIOTAPE OR VIDEOTAPE.—Sworn testimony 

9 that— 

10 ‘‘(1) is recorded by audiotape, videotape, or 

11 similar method; and 

12 ‘‘(2) is contained in the duly authenticated 

13 record of proceedings of a court of inquiry; 

14 is admissible before a court-martial, military commission, 

15 court of inquiry, or military board, to the same extent as 

16 sworn testimony may be read in evidence before any such 

17 body under subsection (a), (b), or (c).’’. 

18 (b) SECTION HEADING.—The heading for such section 

19 (article) is amended to read as follows: 

20 ‘‘§ 850. Art. 50. Admissibility of sworn testimony from 

21 records of courts of inquiry’’. 

22 SEC. 6611. CONFORMING AMENDMENT RELATING TO DE23 FENSE OF LACK OF MENTAL RESPONSIBILITY. 

24 Section 850a(c) of title 10, United States Code (article 

25 50a(c) of the Uniform Code of Military Justice), is amended 


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1 by striking ‘‘, or the president of a court-martial without 

2 a military judge,’’. 

3 SEC. 6612. VOTING AND RULINGS. 

4 Section 851 of title 10, United States Code (article 51 

5 of the Uniform Code of Military Justice), is amended— 

6 (1) in subsection (a), by striking ‘‘, and by mem7 bers of a court-martial without a military judge upon 

8 questions of challenge,’’ in the first sentence; 

9 (2) in subsection (b)— 

10 (A) by striking ‘‘and, except for questions of 

11 challenge, the president of a court-martial with12 out a military judge’’ in the first sentence; and 

13 (B) by striking ‘‘, or by the president’’ in 

14 the second sentence and all that follows through 

15 the end of the subsection and inserting ‘‘is final 

16 and constitutes the ruling of the court, except 

17 that the military judge may change a ruling at 

18 any time during trial.’’; and 

19 (3) in subsection (c), by striking ‘‘or the presi20 dent of a court-martial without a military judge’’ in 

21 the matter before paragraph (1). 


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1 SEC. 6613. VOTES REQUIRED FOR CONVICTION, SEN2 TENCING, AND OTHER MATTERS. 

3 Section 852 of title 10, United States Code (article 52 

4 of the Uniform Code of Military Justice), is amended to 

5 read as follows: 

6 ‘‘§ 852. Art. 52. Votes required for conviction, sen7 tencing, and other matters 

8 ‘‘(a) IN GENERAL.—No person may be convicted of an 

9 offense in a general or special court-martial, other than— 

10 ‘‘(1) after a plea of guilty under section 845(b) 

11 of this title (article 45(b)); 

12 ‘‘(2) by a military judge in a court-martial with 

13 a military judge alone, under section 816 of this title 

14 (article 16); or 

15 ‘‘(3) in a court-martial with members under sec16 tion 816 of this title (article 16), by the concurrence 

17 of at least three-fourths of the members present when 

18 the vote is taken. 

19 ‘‘(b) LEVEL OF CONCURRENCE REQUIRED.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (a) and in paragraph (2), all matters to be 

22 decided by members of a general or special court-mar23 tial shall be determined by a majority vote, but a re24 consideration of a finding of guilty or reconsideration 

25 of a sentence, with a view toward decreasing the sen26 tence, may be made by any lesser vote which indicates 


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1 that the reconsideration is not opposed by the number 

2 of votes required for that finding or sentence. 

3 ‘‘(2) SENTENCING.—A sentence of death requires 

4 (A) a unanimous finding of guilty of an offense in 

5 this chapter expressly made punishable by death and 

6 (B) a unanimous determination by the members that 

7 the sentence for that offense shall include death. All 

8 other sentences imposed by members shall be deter9 mined by the concurrence of at least three-fourths of 

10 the members present when the vote is taken.’’. 

11 SEC. 6614. PLEA AGREEMENTS. 

12 Subchapter VII of chapter 47 of title 10, United States 

13 Code, is amended by inserting after section 853 (article 53 

14 of the Uniform Code of Military Justice) the following: 

15 ‘‘§ 853a. Art. 53a. Plea agreements 

16 ‘‘(a) IN GENERAL.—(1) At any time before the an17 nouncement of findings under section 853 of this title (arti18 cle 53), the convening authority and the accused may enter 

19 into a plea agreement with respect to such matters as— 

20 ‘‘(A) the manner in which the convening author21 ity will dispose of one or more charges and specifica22 tions; and 

23 ‘‘(B) limitations on the sentence that may be ad24 judged for one or more charges and specifications. 


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1 ‘‘(2) The military judge of a general or special court2 martial may not participate in discussions between the 

3 parties concerning prospective terms and conditions of a 

4 plea agreement. 

5 ‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject to 

6 subsection (c), the military judge of a general or special 

7 court-martial shall accept a plea agreement submitted by 

8 the parties, except that the military judge may reject a plea 

9 agreement that proposes a sentence if the military judge de10 termines that the proposed sentence is plainly unreasonable. 

11 ‘‘(c) LIMITATION ON ACCEPTANCE OF PLEA AGREE12 MENTS.—The military judge of a general or special court13 martial shall reject a plea agreement that— 

14 ‘‘(1) contains a provision that has not been ac15 cepted by both parties; 

16 ‘‘(2) contains a provision that is not understood 

17 by the accused; or 

18 ‘‘(3) except as provided in subsection (d), con19 tains a provision for a sentence that is less than the 

20 mandatory minimum sentence applicable to an of21 fense referred to in section 856(b)(2) of this title (arti22 cle 56(b)(2)). 

23 ‘‘(d) LIMITED CONDITIONS FOR ACCEPTANCE OF PLEA

24 AGREEMENT FOR SENTENCE BELOW MANDATORY MINIMUM

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1 ferred to in section 856(b)(2) of this title (article 

2 56(b)(2))— 

3 ‘‘(1) the military judge may accept a plea agree4 ment that provides for a sentence of bad conduct dis5 charge; and 

6 ‘‘(2) upon recommendation of the trial counsel, 

7 in exchange for substantial assistance by the accused 

8 in the investigation or prosecution of another person 

9 who has committed an offense, the military judge may 

10 accept a plea agreement that provides for a sentence 

11 that is less than the mandatory minimum sentence 

12 for the offense charged. 

13 ‘‘(e) BINDING EFFECT OF PLEA AGREEMENT.—Upon 

14 acceptance by the military judge of a general or special 

15 court-martial, a plea agreement shall bind the parties and 

16 the military judge.’’. 

17 SEC. 6615. RECORD OF TRIAL. 

18 Section 854 of title 10, United States Code (article 54 

19 of the Uniform Code of Military Justice), is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) GENERAL AND SPECIAL COURTS-MARTIAL.—Each 

23 general or special court-martial shall keep a separate record 

24 of the proceedings in each case brought before it. The record 

25 shall be certified by a court-reporter, except that in the case 


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1 of death, disability, or absence of a court reporter, the record 

2 shall be certified by an official selected as the President may 

3 prescribe by regulation.’’; 

4 (2) in subsection (b)— 

5 (A) by striking ‘‘(b) Each special and sum6 mary court-martial’’ and inserting‘‘(b) SUM7 MARY COURT-MARTIAL.—Each summary 

8 court-martial’’; and 

9 (B) by striking ‘‘authenticated’’ and insert10 ing ‘‘certified’’; 

11 (3) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) CONTENTS OF RECORD.—(1) Except as provided 

14 in paragraph (2), the record shall contain such matters as 

15 the President may prescribe by regulation. 

16 ‘‘(2) In accordance with regulations prescribed by the 

17 President, a complete record of proceedings and testimony 

18 shall be prepared in any case of a sentence of death, dis19 missal, discharge, confinement for more than six months, 

20 or forfeiture of pay for more than six months.’’. 

21 (4) in subsection (d)— 

22 (A) by striking ‘‘(d) A copy’’ and inserting 

23 ‘‘(d) EVIDENCE.—A copy’’; and 

24 (B) by striking ‘‘authenticated’’ and insert25 ing ‘‘certified’’; and 


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1 (5) in subsection (e)— 

2 (A) by striking ‘‘involving a sexual assault 

3 or other offense covered by section 920 of this 

4 title (article 120)’’ in the first sentence and in5 serting ‘‘upon request,’’; and 

6 (B) by striking ‘‘authenticated’’ in the sec7 ond sentence and inserting ‘‘certified’’. 

8 TITLE LXVII—SENTENCES 

9 SEC. 6701. SENTENCING. 

10 (a) IN GENERAL.—Section 856 of title 10, United 

11 States Code (article 56 of the Uniform Code of Military Jus12 tice), is amended to read as follows: 

13 ‘‘§ 856. Art. 56. Sentencing 

14 ‘‘(a) SENTENCE MAXIMUMS.—The punishment which 

15 a court-martial may direct for an offense may not exceed 

16 such limits as the President may prescribe for that offense. 

17 ‘‘(b) SENTENCE MINIMUMS FOR CERTAIN OF18 FENSES.—(1) Except as provided in subsection (d) of sec19 tion 853a of this title (article 53a), punishment for any 

20 offense specified in paragraph (2) shall include dismissal 

21 or dishonorable discharge, as applicable. 

22 ‘‘(2) The offenses referred to in paragraph (1) are as 

23 follows: 

24 ‘‘(A) Rape under subsection (a) of section 920 of 

25 this title (article 120). 


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1 ‘‘(B) Sexual assault under subsection (b) of such 

2 section (article). 

3 ‘‘(C) Rape of a child under subsection (a) of sec4 tion 920b of this title (article 120b). 

5 ‘‘(D) Sexual assault of a child under subsection 

6 (b) of such section (article). 

7 ‘‘(E) An attempt to commit an offense specified 

8 in subparagraph (A), (B), (C), or (D) that is punish9 able under section 880 of this title (article 80). 

10 ‘‘(c) IMPOSITION OF SENTENCE.— 

11 ‘‘(1) IN GENERAL.—In sentencing an accused 

12 under section 853 of this title (article 53), a court13 martial shall impose punishment that is sufficient, 

14 but not greater than necessary, to promote justice and 

15 to maintain good order and discipline in the armed 

16 forces, taking into consideration— 

17 ‘‘(A) the nature and circumstances of the of18 fense and the history and characteristics of the 

19 accused; 

20 ‘‘(B) the impact of the offense on— 

21 ‘‘(i) the financial, social, psychological, 

22 or medical well-being of any victim of the 

23 offense; and 


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1 ‘‘(ii) the mission, discipline, or effi2 ciency of the command of the accused and 

3 any victim of the offense; 

4 ‘‘(C) the need for the sentence— 

5 ‘‘(i) to reflect the seriousness of the of6 fense; 

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

8 ‘‘(iii) to provide just punishment for 

9 the offense; 

10 ‘‘(iv) to promote adequate deterrence of 

11 misconduct; 

12 ‘‘(v) to protect others from further 

13 crimes by the accused; 

14 ‘‘(vi) to rehabilitate the accused; and 

15 ‘‘(vii) to provide, in appropriate cases, 

16 the opportunity for retraining and return 

17 to duty to meet the needs of the service; and 

18 ‘‘(D) the sentences available under this 

19 chapter. 

20 ‘‘(2) OFFENSE BASED SENTENCING IN GENERAL

21 AND SPECIAL COURTS-MARTIAL.—In announcing the 

22 sentence under section 853 of this title (article 53) in 

23 a general or special court-martial, the court-martial 

24 shall, with respect to each offense of which the accused 

25 is found guilty, specify the term of confinement, if 


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1 any, and the amount of the fine, if any. If the accused 

2 is sentenced to confinement for more than one offense, 

3 the court-martial shall specify whether the terms of 

4 confinement are to run consecutively or concurrently. 

5 ‘‘(3) SENTENCE OF CONFINEMENT FOR LIFE

6 WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an of7 fense is subject to a sentence of confinement for life, 

8 a court-martial may impose a sentence of confine9 ment for life without eligibility for parole. 

10 ‘‘(B) An accused who is sentenced to confinement 

11 for life without eligibility for parole shall be confined 

12 for the remainder of the accused’s life unless— 

13 ‘‘(i) the sentence is set aside or otherwise 

14 modified as a result of— 

15 ‘‘(I) action taken by the convening au16 thority or the Secretary concerned; or 

17 ‘‘(II) any other action taken during 

18 post-trial procedure and review under any 

19 other provision of subchapter IX of this 

20 chapter; 

21 ‘‘(ii) the sentence is set aside or otherwise 

22 modified as a result of action taken by a Court 

23 of Criminal Appeals, the Court of Appeals for 

24 the Armed Forces, or the Supreme Court; or 

25 ‘‘(iii) the accused is pardoned. 


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1 ‘‘(d) APPEAL OF SENTENCE BY THE UNITED

2 STATES.—(1) With the approval of the Judge Advocate 

3 General concerned, the Government may appeal a sentence 

4 to the Court of Criminal Appeals, on the grounds that— 

5 ‘‘(A) the sentence violates the law; or 

6 ‘‘(B) the sentence is plainly unreasonable. 

7 ‘‘(2) An appeal under this subsection must be filed 

8 within 60 days after the date on which the judgment of a 

9 court-martial is entered into the record under section 860c 

10 of this title (article 60c).’’. 

11 (b) CONFORMING AMENDMENT.—Section 856a of title 

12 10, United States Code (article 56a of the Uniform Code 

13 of Military Justice), is repealed. 

14 SEC. 6701A. MINIMUM CONFINEMENT PERIOD REQUIRED 

15 FOR CONVICTION OF CERTAIN SEX-RELATED 

16 OFFENSES COMMITTED BY MEMBERS OF THE 

17 ARMED FORCES. 

18 (a) MANDATORY PUNISHMENTS.—Subsection (b)(1) of 

19 section 856 of title 10, United States Code (article 56 of 

20 the Uniform Code of Military Justice), as amended by sec21 tion 6701, is further amended by striking ‘‘shall include 

22 dismissal or dishonorable discharge, as applicable.’’ and in23 serting the following: ‘‘shall include, at a minimum— 

24 ‘‘(A) dismissal or dishonorable discharge, as ap25 plicable; and 


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1 ‘‘(B) confinement for two years.’’. 

2 (b) APPLICATION OF AMENDMENT.—Subparagraph 

3 (B) of paragraph (1) of section 856(b) of title 10, United 

4 States Code (article 56(b) of the Uniform Code of Military 

5 Justice), as added by subsection (a), shall apply to offenses 

6 specified in paragraph (2) of such section committed on or 

7 after the date that is 180 days after the date of the enact8 ment of this Act. 

9 SEC. 6702. EFFECTIVE DATE OF SENTENCES. 

10 (a) IN GENERAL.—Section 857 of title 10, United 

11 States Code (article 57 of the Uniform Code of Military Jus12 tice), is amended to read as follows: 

13 ‘‘§ 857. Art. 57. Effective date of sentences 

14 ‘‘(a) EXECUTION OF SENTENCES.—A court-martial 

15 sentence shall be executed and take effect as follows: 

16 ‘‘(1) FORFEITURE AND REDUCTION.—A forfeiture 

17 of pay or allowances shall be applicable to pay and 

18 allowances accruing on and after the date on which 

19 the sentence takes effect. Any forfeiture of pay or al20 lowances or reduction in grade that is included in a 

21 sentence of a court-martial takes effect on the earlier 

22 of— 

23 ‘‘(A) the date that is 14 days after the date 

24 on which the sentence is adjudged; or 


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1 ‘‘(B) in the case of a summary court-mar2 tial, the date on which the sentence is approved 

3 by the convening authority. 

4 ‘‘(2) CONFINEMENT.—Any period of confinement 

5 included in a sentence of a court-martial begins to 

6 run from the date the sentence is adjudged by the 

7 court-martial, but periods during which the sentence 

8 to confinement is suspended or deferred shall be ex9 cluded in computing the service of the term of confine10 ment. 

11 ‘‘(3) APPROVAL OF SENTENCE OF DEATH.—If the 

12 sentence of the court-martial extends to death, that 

13 part of the sentence providing for death may not be 

14 executed until approved by the President. In such a 

15 case, the President may commute, remit, or suspend 

16 the sentence, or any part thereof, as the President sees 

17 fit. That part of the sentence providing for death may 

18 not be suspended. 

19 ‘‘(4) APPROVAL OF DISMISSAL.—If in the case of 

20 a commissioned officer, cadet, or midshipman, the 

21 sentence of a court-martial extends to dismissal, that 

22 part of the sentence providing for dismissal may not 

23 be executed until approved by the Secretary concerned 

24 or such Under Secretary or Assistant Secretary as 

25 may be designated by the Secretary concerned. In 


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1 such a case, the Secretary, Under Secretary, or Assist2 ant Secretary, as the case may be, may commute, 

3 remit, or suspend the sentence, or any part of the sen4 tence, as the Secretary sees fit. In time of war or na5 tional emergency he may commute a sentence of dis6 missal to reduction to any enlisted grade. A person so 

7 reduced may be required to serve for the duration of 

8 the war or emergency and six months thereafter. 

9 ‘‘(5) COMPLETION OF APPELLATE REVIEW.—If a 

10 sentence extends to death, dismissal, or a dishonorable 

11 or bad-conduct discharge, that part of the sentence ex12 tending to death, dismissal, or a dishonorable or bad13 conduct discharge may be executed, in accordance 

14 with service regulations, after completion of appellate 

15 review (and, with respect to death or dismissal, ap16 proval under paragraph (3) or (4), as appropriate). 

17 ‘‘(6) OTHER SENTENCES.—Except as otherwise 

18 provided in this subsection, a general or special court19 martial sentence is effective upon entry of judgment 

20 and a summary court-martial sentence is effective 

21 when the convening authority acts on the sentence. 

22 ‘‘(b) DEFERRAL OF SENTENCES.—(1) On application 

23 by an accused, the convening authority or, if the accused 

24 is no longer under his jurisdiction, the officer exercising 

25 general court-martial jurisdiction over the command to 


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1 which the accused is currently assigned, may, in his or her 

2 sole discretion, defer the effective date of a sentence of con3 finement, reduction, or forfeiture. The deferment shall ter4 minate upon entry of judgment or, in the case of a sum5 mary court-martial, when the convening authority acts on 

6 the sentence. The deferment may be rescinded at any time 

7 by the officer who granted it or, if the accused is no longer 

8 under his jurisdiction, by the officer exercising general 

9 court-martial jurisdiction over the command to which the 

10 accused is currently assigned. 

11 ‘‘(2) In any case in which a court-martial sentences 

12 a person referred to in paragraph (3) to confinement, the 

13 convening authority may defer the service of the sentence 

14 to confinement, without the consent of that person, until 

15 after the person has been permanently released to the armed 

16 forces by a State or foreign country referred to in that para17 graph. 

18 ‘‘(3) Paragraph (2) applies to a person subject to this 

19 chapter who— 

20 ‘‘(A) while in the custody of a State or foreign 

21 country is temporarily returned by that State or for22 eign country to the armed forces for trial by court23 martial; and 


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1 ‘‘(B) after the court-martial, is returned to that 

2 State or foreign country under the authority of a mu3 tual agreement or treaty, as the case may be. 

4 ‘‘(4) In this subsection, the term ‘State’ includes the 

5 District of Columbia and any Commonwealth, territory, or 

6 possession of the United States. 

7 ‘‘(5) In any case in which a court-martial sentences 

8 a person to confinement, but in which review of the case 

9 under section 867(a)(2) of this title (article 67(a)(2)) is 

10 pending, the Secretary concerned may defer further service 

11 of the sentence to confinement while that review is pending. 

12 ‘‘(c) APPELLATE REVIEW.—(1) Appellate review is 

13 complete under this section when— 

14 ‘‘(A) a review under section 865 of this title (ar15 ticle 65) is completed; or 

16 ‘‘(B) a review under section 866 of this title (ar17 ticle 66) is completed by a Court of Criminal Appeals 

18 and— 

19 ‘‘(i) the time for the accused to file a peti20 tion for review by the Court of Appeals for the 

21 Armed Forces has expired and the accused has 

22 not filed a timely petition for such review and 

23 the case is not otherwise under review by that 

24 Court; 


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1 ‘‘(ii) such a petition is rejected by the Court 

2 of Appeals for the Armed Forces; or 

3 ‘‘(iii) review is completed in accordance 

4 with the judgment of the Court of Appeals for the 

5 Armed Forces and— 

6 ‘‘(I) a petition for a writ of certiorari 

7 is not filed within the time limits prescribed 

8 by the Supreme Court; 

9 ‘‘(II) such a petition is rejected by the 

10 Supreme Court; or 

11 ‘‘(III) review is otherwise completed in 

12 accordance with the judgment of the Su13 preme Court. 

14 ‘‘(2) The completion of appellate review shall con15 stitute a final judgment as to the legality of the pro16 ceedings.’’. 

17 (b) CONFORMING AMENDMENTS.—(1) Subchapter VIII 

18 of chapter 47 of title 10, United States Code, is amended 

19 by striking section 857a (article 57a of the Uniform Code 

20 of Military Justice). 

21 (2) Subchapter IX of chapter 47 of title 10, United 

22 States Code, is amended by striking section 871 (article 71 

23 of the Uniform Code of Military Justice). 

24 (3) The second sentence of subsection (a)(1) of section 

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1 form Code of Military Justice), is amended by striking ‘‘sec2 tion 857(a) of this title (article 57(a))’’ and inserting ‘‘sec3 tion 857 of this title (article 57)’’. 

4 SEC. 6703. SENTENCE OF REDUCTION IN ENLISTED GRADE. 

5 Section 858a of title 10, United States Code (article 

6 58a of the Uniform Code of Military Justice), is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘Unless otherwise provided 

9 in regulations to be prescribed by the Secretary 

10 concerned, a’’ and inserting ‘‘A’’; 

11 (B) by striking ‘‘as approved by the con12 vening authority’’ and inserting ‘‘as set forth in 

13 the judgment of the court-martial entered into 

14 the record under section 860c of this title (article 

15 60c)’’; and 

16 (C) in the matter after paragraph (3), by 

17 striking ‘‘of that approval’’ and inserting ‘‘on 

18 which the judgment is so entered’’; and 

19 (2) in subsection (b), by striking ‘‘disapproved, 

20 or, as finally approved’’ and inserting ‘‘reduced, or, 

21 as finally affirmed’’. 


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1 TITLE LXVIII—POST-TRIAL PRO2 CEDURE AND REVIEW OF 

3 COURTS-MARTIAL 

4 SEC. 6801. POST-TRIAL PROCESSING IN GENERAL AND SPE5 CIAL COURTS-MARTIAL. 

6 Section 860 of title 10, United States Code (article 60 

7 of the Uniform Code of Military Justice), is amended to 

8 read as follows: 

9 ‘‘§ 860. Art. 60. Post-trial processing in general and 

10 special courts-martial 

11 ‘‘(a) STATEMENT OF TRIAL RESULTS.—(1) The mili12 tary judge of a general or special court-martial shall enter 

13 into the record of trial a document entitled ‘Statement of 

14 Trial Results’, which shall set forth— 

15 ‘‘(A) each plea and finding; 

16 ‘‘(B) the sentence, if any; and 

17 ‘‘(C) such other information as the President 

18 may prescribe by regulation. 

19 ‘‘(2) Copies of the Statement of Trial Results shall be 

20 provided promptly to the convening authority, the accused, 

21 and any victim of the offense. 

22 ‘‘(b) POST-TRIAL MOTIONS.—In accordance with regu23 lations prescribed by the President, the military judge in 

24 a general or special court-martial shall address all post25 trial motions and other post-trial matters that— 


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1 ‘‘(1) may affect a plea, a finding, the sentence, 

2 the Statement of Trial Results, the record of trial, or 

3 any post-trial action by the convening authority; and 

4 ‘‘(2) are subject to resolution by the military 

5 judge before entry of judgment.’’. 

6 SEC. 6802. LIMITED AUTHORITY TO ACT ON SENTENCE IN 

7 SPECIFIED POST-TRIAL CIRCUMSTANCES. 

8 Subchapter IX of chapter 47 of title 10, United States 

9 Code, is amended by inserting after section 860 (article 60 

10 of the Uniform Code of Military Justice), as amended by 

11 section 6801, the following new section (article): 

12 ‘‘§ 860a. Art. 60a. Limited authority to act on sentence 

13 in specified post-trial circumstances 

14 ‘‘(a) IN GENERAL.—(1) The convening authority of a 

15 general or special court-martial described in paragraph 

16 (2)— 

17 ‘‘(A) may act on the sentence of the court-mar18 tial only as provided in subsection (b), (c), or (d); 

19 and 

20 ‘‘(B) may not act on the findings of the court21 martial. 

22 ‘‘(2) The courts-martial referred to in paragraph (1) 

23 are the following: 

24 ‘‘(A) A general or special court-martial in which 

25 the maximum sentence of confinement established 


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1 under subsection (a) of section 856 of this title (arti2 cle 56) for any offense of which the accused is found 

3 guilty is more than two years. 

4 ‘‘(B) A general or special court-martial in which 

5 the total of the sentences of confinement imposed, run6 ning consecutively, is more than six months. 

7 ‘‘(C) A general or special court-martial in which 

8 the sentence imposed includes a dismissal, dishonor9 able discharge, or bad-conduct discharge. 

10 ‘‘(D) A general or special court-martial in which 

11 the accused is found guilty of a violation of subsection 

12 (a) or (b) of section 920 of this title (article 120), sec13 tion 920b of this title (article 120b), or such other of14 fense as the Secretary of Defense may specify by regu15 lation. 

16 ‘‘(3) Except as provided in subsection (d), the con17 vening authority may act under this section only before 

18 entry of judgment. 

19 ‘‘(4) Under regulations prescribed by the Secretary 

20 concerned, a commissioned officer commanding for the time 

21 being, a successor in command, or any person exercising 

22 general court-martial jurisdiction may act under this sec23 tion in place of the convening authority. 

24 ‘‘(b) REDUCTION, COMMUTATION, AND SUSPENSION OF

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1 section (c) or (d), the convening authority may not reduce, 

2 commute, or suspend any of the following sentences: 

3 ‘‘(A) A sentence of confinement, if the total pe4 riod of confinement imposed for all offenses involved, 

5 running consecutively, is greater than six months. 

6 ‘‘(B) A sentence of dismissal, dishonorable dis7 charge, or bad-conduct discharge. 

8 ‘‘(C) A sentence of death. 

9 ‘‘(2) The convening authority may reduce, commute, 

10 or suspend any sentence not specified in paragraph (1). 

11 ‘‘(c) SUSPENSION OF CERTAIN SENTENCES UPON REC12 OMMENDATION OF MILITARY JUDGE.—(1) Upon rec13 ommendation of the military judge, as included in the 

14 Statement of Trial Results, together with an explanation 

15 of the facts supporting the recommendation, the convening 

16 authority may suspend— 

17 ‘‘(A) a sentence of confinement, in whole or in 

18 part; or 

19 ‘‘(B) a sentence of dismissal, dishonorable dis20 charge, or bad-conduct discharge. 

21 ‘‘(2) The convening authority may not, under para22 graph (1)— 

23 ‘‘(A) suspend a mandatory minimum sentence; 

24 or 


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1 ‘‘(B) suspend a sentence to an extent in excess of 

2 the suspension recommended by the military judge. 

3 ‘‘(d) REDUCTION OF SENTENCE FOR SUBSTANTIAL AS4 SISTANCE BY ACCUSED.—(1) Upon a recommendation by 

5 the trial counsel, if the accused, after sentencing and before 

6 entry of judgment, provides substantial assistance in the in7 vestigation or prosecution of another person, the convening 

8 authority may reduce, commute, or suspend a sentence, in 

9 whole or in part, including any mandatory minimum sen10 tence. 

11 ‘‘(2) Upon a recommendation by a trial counsel, des12 ignated in accordance with rules prescribed by the Presi13 dent, if the accused, after entry of judgment, provides sub14 stantial assistance in the investigation or prosecution of an15 other person, a convening authority, designated under such 

16 regulations, may reduce, commute, or suspend a sentence, 

17 in whole or in part, including any mandatory minimum 

18 sentence. 

19 ‘‘(3) In evaluating whether the accused has provided 

20 substantial assistance under this subsection, the convening 

21 authority may consider the presentence assistance of the ac22 cused. 

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

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1 thority shall consider matters submitted in writing by the 

2 accused or any victim of an offense. Such rules shall in3 clude— 

4 ‘‘(A) procedures for notice of the opportunity to 

5 make such submissions; 

6 ‘‘(B) the deadlines for such submissions; and 

7 ‘‘(C) procedures for providing the accused and 

8 any victim of an offense with a copy of the recording 

9 of any open sessions of the court-martial and copies 

10 of, or access to, any admitted, unsealed exhibits. 

11 ‘‘(2) The convening authority shall not consider under 

12 this section any submitted matters that relate to the char13 acter of a victim unless such matters were presented as evi14 dence at trial and not excluded at trial. 

15 ‘‘(f) DECISION OF CONVENING AUTHORITY.—(1) The 

16 decision of the convening authority under this section shall 

17 be forwarded to the military judge, with copies provided 

18 to the accused and to any victim of the offense. 

19 ‘‘(2) If, under this section, the convening authority re20 duces, commutes, or suspends the sentence, the decision of 

21 the convening authority shall include a written explanation 

22 of the reasons for such action. 

23 ‘‘(3) If, under subsection (d)(2), the convening author24 ity reduces, commutes, or suspends the sentence, the decision 

25 of the convening authority shall be forwarded to the chief 


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1 trial judge for appropriate modification of the entry of 

2 judgment, which shall be transmitted to the Judge Advocate 

3 General for appropriate action.’’. 

4 SEC. 6803. POST-TRIAL ACTIONS IN SUMMARY COURTS-MAR5 TIAL AND CERTAIN GENERAL AND SPECIAL 

6 COURTS-MARTIAL. 

7 Subchapter IX of chapter 47 of title 10, United States 

8 Code, is amended by inserting after section 860a (article 

9 60a of the Uniform Code of Military Justice), as amended 

10 by section 6802, the following new section (article): 

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 (article 

16 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 included 

21 offense; 

22 ‘‘(C) disapprove the findings and the sentence 

23 and dismiss the charges and specifications; 


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1 ‘‘(D) disapprove the findings and the sentence 

2 and order a rehearing as to the findings and the sen3 tence; 

4 ‘‘(E) disapprove, commute, or suspend the sen5 tence, in whole or in part; or 

6 ‘‘(F) disapprove the sentence and order a rehear7 ing 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 title 

18 (article 60a). Such action shall be forwarded to the chief 

19 trial judge, who shall ensure appropriate modification to 

20 the entry of judgment and shall transmit the entry of judg21 ment to the Judge Advocate General for appropriate action. 

22 ‘‘(5) Under regulations prescribed by the Secretary 

23 concerned, a commissioned officer commanding for the time 

24 being, a successor in command, or any person exercising 


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1 general court-martial jurisdiction may act under this sec2 tion 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 under 

12 a specification laid under that charge, which suffi13 ciently alleges a violation of some article of this chap14 ter. 

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 au18 thority shall consider matters submitted in writing by the 

19 accused or any victim of the offense. Such rules shall in20 clude the matter required by subsection (e) of section 860a 

21 of this title (article 60a). 

22 ‘‘(d) DECISION OF CONVENING AUTHORITY.—(1) In a 

23 general or special court-martial, the decision of the con24 vening authority under this section shall be forwarded to 


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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 the 

5 convening authority shall include a written explanation of 

6 the reasons for such action.’’. 

7 SEC. 6804. ENTRY OF JUDGMENT. 

8 Subchapter IX of chapter 47 of title 10, United States 

9 Code, is amended by inserting after section 860b (article 

10 60b of the Uniform Code of Military Justice), as added by 

11 section 903, the following new section (article): 

12 ‘‘§ 860c. Art. 60c. Entry of judgment 

13 ‘‘(a) ENTRY OF JUDGMENT OF GENERAL OR SPECIAL

14 COURT-MARTIAL.—(1) In accordance with rules prescribed 

15 by the President, in a general or special court-martial, the 

16 military judge shall enter into the record of trial the judg17 ment of the court. The judgment of the court shall consist 

18 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 


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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 judg5 ment 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), constitutes 

13 the judgment of the court-martial and shall be recorded and 

14 distributed under rules prescribed by the President.’’. 

15 SEC. 6805. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL 

16 OF APPEAL. 

17 Section 861 of title 10, United States Code (article 61 

18 of the Uniform Code of Military Justice), is amended to 

19 read as follows: 

20 ‘‘§ 861. Art. 61. Waiver of right to appeal; withdrawal 

21 of appeal 

22 ‘‘(a) WAIVER OF RIGHT TO APPEAL.—After entry of 

23 judgment in a general or special court-martial, under pro24 cedures prescribed by the Secretary concerned, the accused 

25 may waive the right to appellate review in each case subject 


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1 to such review under section 866 (article 66). Such a waiver 

2 shall be— 

3 ‘‘(1) signed by the accused and by defense coun4 sel; and 

5 ‘‘(2) attached to the record of trial. 

6 ‘‘(b) WITHDRAWAL OF APPEAL.—In a general or spe7 cial court-martial, the accused may withdraw an appeal 

8 at any time. 

9 ‘‘(c) DEATH PENALTY CASE EXCEPTION.—Notwith10 standing subsections (a) and (b), an accused may not waive 

11 the right to appeal or withdraw an appeal with respect to 

12 a judgment that includes a sentence of death. 

13 ‘‘(d) WAIVER OR WITHDRAWAL AS BAR.—A waiver or 

14 withdrawal under this section bars review under section 

15 866 of this title (article 66).’’. 

16 SEC. 6806. APPEAL BY THE UNITED STATES. 

17 Section 862 of title 10, United States Code (article 62 

18 of the Uniform Code of Military Justice), is amended— 

19 (1) in paragraph (1) of subsection (a)— 

20 (A) in the matter before subparagraph (A), 

21 by striking ‘‘court-martial’’ and all that follows 

22 through the colon at the end and inserting ‘‘gen23 eral or special court-martial, the United States 

24 may appeal the following:’’; and 


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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 con23 strued to effect its purposes.’’. 


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1 SEC. 6807. REHEARINGS. 

2 Section 863 of title 10, United States Code (article 63 

3 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-martial 

11 was in accordance with a plea agreement under section 

12 853a of this title (article 53a) and the accused at the rehear13 ing does not comply with the agreement, or if a plea of 

14 guilty was entered for an offense at the first court-martial 

15 and a plea of not guilty was entered at the rehearing, the 

16 sentence as to those charges or specifications may include 

17 any punishment not in excess of that which could have been 

18 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 is 

21 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.’’. 


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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 title 

4 10, United States Code (article 64 of the Uniform Code of 

5 Military Justice), is amended by striking the first two sen6 tences 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 the 

12 same case as an accuser, preliminary hearing officer, mem13 ber of the court, military judge, or counsel or has otherwise 

14 acted on behalf of the prosecution or defense.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) 

16 The heading for such section (article) is amended to read 

17 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 


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1 (D) by redesignating paragraph (3) as para2 graph (2). 

3 (3) Subsection (c)(3) of such section (article) is amend4 ed by striking ‘‘section 869(b) of this title (article 69(b)).’’ 

5 and inserting ‘‘section 869 of this title (article 69).’’. 

6 SEC. 6809. TRANSMITTAL AND REVIEW OF RECORDS. 

7 Section 865 of title 10, United States Code (article 65 

8 of the Uniform Code of Military Justice), is amended to 

9 read as follows: 

10 ‘‘§ 865. Art. 65. Transmittal and review of records 

11 ‘‘(a) TRANSMITTAL OF RECORDS.—(1) If the judgment 

12 of a general or special court-martial entered under section 

13 860c of this title (article 60c) includes a finding of guilty, 

14 the record shall be transmitted to the Judge Advocate Gen15 eral. 

16 ‘‘(2) In all other cases, records of trial by court-martial 

17 and related documents shall be transmitted and disposed 

18 of as the Secretary concerned may prescribe by regulation. 

19 ‘‘(b) REVIEW BY JUDGE ADVOCATE GENERAL.— 

20 ‘‘(1) BY WHOM.—A review conducted under this 

21 subsection may be conducted by an attorney within 

22 the Office of the Judge Advocate General or another 

23 attorney designated under regulations prescribed by 

24 the Secretary concerned. 


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1 ‘‘(2) REVIEW OF CASES NOT ELIGIBLE FOR AP2 PELLATE REVIEW BY A COURT OF CRIMINAL AP3 PEALS.— 

4 ‘‘(A) A review under subparagraph (B) 

5 shall be completed in each general and special 

6 court-martial that is not eligible for appellate re7 view under paragraph (1) or (2) of section 

8 866(b) of this title (article 66(b)). 

9 ‘‘(B) A review referred to in subparagraph 

10 (A) shall include a written decision providing 

11 each of the following: 

12 ‘‘(i) A conclusion as to whether the 

13 court had jurisdiction over the accused and 

14 the offense. 

15 ‘‘(ii) A conclusion as to whether the 

16 charge and specification stated an offense. 

17 ‘‘(iii) A conclusion as to whether the 

18 sentence was within the limits prescribed as 

19 a matter of law. 

20 ‘‘(iv) A response to each allegation of 

21 error made in writing by the accused. 

22 ‘‘(3) REVIEW WHEN APPELLATE REVIEW BY A

23 COURT OF CRIMINAL APPEALS IS WAIVED OR WITH24 DRAWN.— 


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1 ‘‘(A) A review under subparagraph (B) 

2 shall be completed in each general and special 

3 court-martial if the accused waives the right to 

4 appellate review or withdraws appeal under sec5 tion 861 of this title (article 61). 

6 ‘‘(B) A review referred to in subparagraph 

7 (A) shall include a written decision limited to 

8 providing conclusions on the matters specified in 

9 clauses (i), (ii), and (iii) of paragraph (2)(B). 

10 ‘‘(c) REMEDY.—(1) If after a review of a record under 

11 subsection (b), the attorney conducting the review believes 

12 corrective action may be required, the record shall be for13 warded to the Judge Advocate General, who may set aside 

14 the findings or sentence, in whole or in part. 

15 ‘‘(2) In setting aside findings or sentence, the Judge 

16 Advocate General may order a rehearing, except that a re17 hearing may not be ordered in violation of section 844 of 

18 this title (article 44). 

19 ‘‘(3)(A) If the Judge Advocate General sets aside find20 ings and sentence and does not order a rehearing, the Judge 

21 Advocate General shall dismiss the charges. 

22 ‘‘(B) If the Judge Advocate General sets aside findings 

23 and orders a rehearing and the convening authority deter24 mines that a rehearing would be impractical, the convening 

25 authority shall dismiss the charges.’’. 


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1 SEC. 6810. COURTS OF CRIMINAL APPEALS. 

2 (a) APPELLATE MILITARY JUDGES.—Subsection (a) of 

3 section 866 of chapter 47 of title 10, United States Code 

4 (article 66 of the Uniform Code of Military Justice), is 

5 amended— 

6 (1) in the second sentence, by striking ‘‘sub7 section (f)’’ and inserting ‘‘subsection (g)’’; 

8 (2) in the fourth sentence, by inserting after 

9 ‘‘highest court of a State’’ the following: ‘‘and must 

10 be certified by the Judge Advocate General as quali11 fied, by reason of education, training, experience, and 

12 judicial temperament, for duty as an appellate mili13 tary judge’’; and 

14 (3) by adding at the end the following new sen15 tence: ‘‘In accordance with regulations prescribed by 

16 the President, assignments of appellate military 

17 judges under this section (article) shall be for appro18 priate minimum periods, subject to such exceptions as 

19 may be authorized in the regulations.’’. 

20 (b) REVISION OF APPELLATE PROCEDURES.—Such 

21 section (article) is further amended— 

22 (1) by redesignating subsections (e), (f), (g), and 

23 (h) as subsections (f), (g), (h), and (i), respectively; 

24 and 

25 (2) by striking subsections (b), (c), and (d) and 

26 inserting the following new subsections: 


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1 ‘‘(b) REVIEW.—(1) The Judge Advocate General shall 

2 refer to a Court of Criminal Appeals the record in any of 

3 the following cases of trial by court-martial: 

4 ‘‘(A) A case in which the judgment entered into 

5 the record under section 860c of this title (article 60c) 

6 includes a sentence of death, dismissal of a commis7 sioned officer, cadet, or midshipman, dishonorable or 

8 bad-conduct discharge, or confinement for more than 

9 six months. 

10 ‘‘(B) A case in which the Government previously 

11 filed an appeal under sections 856(d) or 862 of this 

12 title (articles 56(d) or 62). 

13 ‘‘(C) A case in which the right to appellate re14 view has not been waived or an appeal has not been 

15 withdrawn under section 861 of this title (article 61), 

16 except in the case of a sentence extending to death. 

17 ‘‘(2) A Court of Criminal Appeals shall have jurisdic18 tion to review the judgment of a court-martial, entered into 

19 the record under section 860c of this title (article 60c), in 

20 a case in which the accused filed an application for review 

21 with the Court under section 869(d)(1)(B) of this title (arti22 cle 69(d)(1)(B)) and the application has been granted by 

23 the Court. 

24 ‘‘(c) DUTIES.—(1) In a case referred to it, the Court 

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1 ings and sentence as entered into the record under section 

2 860c of this title (article 60c). It may affirm only such find3 ings of guilty, and the sentence or such part or amount 

4 of the sentence, as it finds correct in law and fact and deter5 mines, on the basis of the entire record, should be approved. 

6 In considering the record, it may weigh the evidence, judge 

7 the credibility of witnesses, and determine controverted 

8 questions of fact, recognizing that the trial court saw and 

9 heard the witnesses. 

10 ‘‘(2) In any case before the Court of Criminal Appeals 

11 under paragraph (1) or (2) of subsection (b), the Court may 

12 provide appropriate relief if the accused demonstrates error 

13 or excessive delay in the processing of the court-martial 

14 after the judgment was entered into the record under section 

15 860c of this title (article 60c). 

16 ‘‘(3) In review of a sentence to death or to life in prison 

17 without eligibility for parole determined by the members 

18 in a capital case under section 853 of this title (article 53), 

19 the Court of Criminal Appeals must consider whether the 

20 sentence is otherwise appropriate, under rules prescribed by 

21 the President. 

22 ‘‘(4) If the Court of Criminal Appeals sets aside the 

23 findings and sentence, it may, except where the setting aside 

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1 ings and sentence and does not order a rehearing, it shall 

2 order that the charges be dismissed. 

3 ‘‘(d) CONSIDERATION OF APPEAL OF SENTENCE BY

4 THE UNITED STATES.—(1) In considering a sentence on 

5 appeal, other than as provided in section 856(d) of this title 

6 (article 56(d)), the Court of Criminal Appeals may con7 sider— 

8 ‘‘(A) whether the sentence violates the law; and 

9 ‘‘(B) whether the sentence is plainly unreason10 able. 

11 ‘‘(2) In an appeal under section 856(d) of this title 

12 (article 56(d)), the record on appeal shall consist of— 

13 ‘‘(A) any portion of the record in the case that 

14 is designated as pertinent by either of the parties; 

15 ‘‘(B) the information submitted during the sen16 tencing proceeding; and 

17 ‘‘(C) any information required by rule or order 

18 of the Court of Criminal Appeals. 

19 ‘‘(e) LIMITS OF AUTHORITY.—(1)(A) If the Court of 

20 Criminal Appeals sets aside the findings, the Court— 

21 ‘‘(i) may affirm any lesser included offense; 

22 and 

23 ‘‘(ii) may, except when prohibited by sec24 tion 844 of this title (article 44), order a rehear25 ing. 


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1 ‘‘(B) If the Court of Criminal Appeals orders a rehear2 ing on a charge and the convening authority finds a rehear3 ing impracticable, the convening authority may dismiss the 

4 charge. 

5 ‘‘(C) If the Court of Criminal Appeals sets aside the 

6 findings and does not order a rehearing, the Court shall 

7 order that the charges be dismissed. 

8 ‘‘(2) If the Court of Criminal Appeals sets aside the 

9 sentence, the Court may— 

10 ‘‘(A) modify the sentence to a lesser sentence; or 

11 ‘‘(B) order a rehearing. 

12 ‘‘(3) If the Court determines that additional pro13 ceedings are warranted, the Court may order a hearing as 

14 may be necessary to address a substantial issue, subject to 

15 such limitations as the Court may direct and under such 

16 regulations as the President may prescribe.’’. 

17 (c) ACTION WHEN REHEARING IMPRACTICABLE AFTER

18 REHEARING ORDER.—Subsection (f) of such section (arti19 cle), as redesignated by subsection (b)(1), is amended— 

20 (1) in the first sentence, by striking ‘‘convening 

21 authority’’ and inserting ‘‘appropriate authority’’; 

22 and 

23 (2) by striking the last sentence. 

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1 section (b)(1), is amended by striking ‘‘an investigating of2 ficer’’ and inserting ‘‘an investigating or a preliminary 

3 hearing officer’’. 

4 (e) SECTION HEADING.—The heading for such section 

5 (article) is amended to read as follows: 

6 ‘‘§ 866. Art. 66. Courts of Criminal Appeals’’. 

7 SEC. 6811. REVIEW BY COURT OF APPEALS FOR THE ARMED 

8 FORCES. 

9 (a) JAG NOTIFICATION.—Subsection (a)(2) of section 

10 867 of title 10, United States Code (article 67 of the Uni11 form Code of Military Justice), is amended by inserting 

12 after ‘‘the Judge Advocate General’’ the following: ‘‘, after 

13 appropriate notification to the other Judge Advocates Gen14 eral and to the Staff Judge Advocate to the Commandant 

15 of the Marine Corps,’’. 

16 (b) BASIS FOR REVIEW.—Subsection (c) of such section 

17 (article) is amended— 

18 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

19 (2) by designating the second sentence as para20 graph (2); 

21 (3) by designating the third sentence as para22 graph (3); 

23 (4) by designating the fourth sentence as para24 graph (4); and 


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1 (5) in paragraph (1), as designated by para2 graph (1) of this subsection, by striking ‘‘only with 

3 respect to’’ and all that follows through the end of the 

4 sentence and inserting the following: 

5 ‘‘(1) ‘‘only with respect to— 

6 ‘‘(A) the findings and sentence set forth in 

7 the entry of judgment, as affirmed or set aside 

8 as incorrect in law by the Court of Criminal Ap9 peals; or 

10 ‘‘(B) a decision, judgment, or order by a 

11 military judge, as affirmed or set aside as incor12 rect in law by the Court of Criminal Appeals.’’. 

13 SEC. 6812. SUPREME COURT REVIEW. 

14 The second sentence of subsection (a) of section 867a 

15 of title 10, United States Code (article 67a of the Uniform 

16 Code of Military Justice), is amended by inserting before 

17 ‘‘Court of Appeals’’ the following: ‘‘United States’’. 

18 SEC. 6813. REVIEW BY JUDGE ADVOCATE GENERAL. 

19 Section 869 of title 10, United States Code (article 69 

20 of the Uniform Code of Military Justice), is amended to 

21 read as follows: 

22 ‘‘§ 869. Art. 69. Review by Judge Advocate General 

23 ‘‘(a) IN GENERAL.—Upon application by the accused 

24 and subject to subsections (b), (c), and (d), the Judge Advo25 cate General may modify or set aside, in whole or in part, 


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1 the findings and sentence in a court-martial that is not 

2 reviewed under section 866 of this title (article 66). 

3 ‘‘(b) TIMING.—To qualify for consideration, an appli4 cation under subsection (a) must be submitted to the Judge 

5 Advocate General not later than one year after the date of 

6 completion of review under section 864 or 865 of this title 

7 (article 64 or 65), as the case may be. The Judge Advocate 

8 General may, for good cause shown, extend the period for 

9 submission of an application, but may not consider an ap10 plication submitted more than three years after such com11 pletion date. 

12 ‘‘(c) SCOPE.—(1)(A) In a case reviewed under section 

13 864 or section 865(b) of this title (article 64 or 65(b)), the 

14 Judge Advocate General may set aside the findings or sen15 tence, in whole or in part on the grounds of newly discov16 ered evidence, fraud on the court, lack of jurisdiction over 

17 the accused or the offense, error prejudicial to the substan18 tial rights of the accused, or the appropriateness of the sen19 tence. 

20 ‘‘(B) In setting aside findings or sentence, the Judge 

21 Advocate General may order a rehearing, except that a re22 hearing may not be ordered in violation of section 844 of 

23 this title (Article 44). 


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1 ‘‘(C) If the Judge Advocate General sets aside findings 

2 and sentence and does not order a rehearing, the Judge Ad3 vocate General shall dismiss the charges. 

4 ‘‘(D) If the Judge Advocate General sets aside findings 

5 and orders a rehearing and the convening authority deter6 mines that a rehearing would be impractical, the convening 

7 authority shall dismiss the charges. 

8 ‘‘(2) In a case reviewed under section 865(b) of this 

9 title (article 65(b)), review under this section is limited to 

10 the issue of whether the waiver or withdrawal of an appeal 

11 was invalid under the law. If the Judge Advocate General 

12 determines that the waiver or withdrawal of an appeal was 

13 invalid, the Judge Advocate General shall order appropriate 

14 corrective action under rules prescribed by the President. 

15 ‘‘(d) COURT OF CRIMINAL APPEALS.—(1) A Court of 

16 Criminal Appeals may review the action taken by the Judge 

17 Advocate General under subsection (c)— 

18 ‘‘(A) in a case sent to the Court of Criminal Ap19 peals by order of the Judge Advocate General; or 

20 ‘‘(B) in a case submitted to the Court of Crimi21 nal Appeals by the accused in an application for re22 view. 

23 ‘‘(2) The Court of Criminal Appeals may grant an ap24 plication under paragraph (1)(B) only if— 


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1 ‘‘(A) the application demonstrates a substantial 

2 basis for concluding that the action on review under 

3 subsection (c) constituted prejudicial error; and 

4 ‘‘(B) the application is filed not later than the 

5 earlier of— 

6 ‘‘(i) 60 days after the date on which the ac7 cused is notified of the decision of the Judge Ad8 vocate General; or 

9 ‘‘(ii) 60 days after the date on which a copy 

10 of the decision of the Judge Advocate General is 

11 deposited in the United States mails for delivery 

12 by first-class certified mail to the accused at an 

13 address provided by the accused or, if no such 

14 address has been provided by the accused, at the 

15 latest address listed for the accused in his official 

16 service record. 

17 ‘‘(3) The submission of an application for review 

18 under this subsection does not constitute a proceeding before 

19 the Court of Criminal Appeals for purposes of section 

20 870(c)(1) of this title (article 70(c)(1)). 

21 ‘‘(e) Notwithstanding section 866 of this title (article 

22 66), in any case reviewed by a Court of Criminal Appeals 

23 under subsection (d), the Court may take action only with 

24 respect to matters of law.’’. 


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1 SEC. 6814. APPELLATE DEFENSE COUNSEL IN DEATH PEN2 ALTY CASES. 

3 Section 870 of title 10, United States Code (article 70 

4 of the Uniform Code of Military Justice), is amended by 

5 adding at the end the following new subsection: 

6 ‘‘(f) To the greatest extent practicable, in any capital 

7 case, at least one defense counsel under subsection (c) shall, 

8 as determined by the Judge Advocate General, be learned 

9 in the law applicable to such cases. If necessary, this counsel 

10 may be a civilian and, if so, may be compensated in accord11 ance with regulations prescribed by the Secretary of De12 fense.’’. 

13 SEC. 6815. AUTHORITY FOR HEARING ON VACATION OF SUS14 PENSION OF SENTENCE TO BE CONDUCTED 

15 BY QUALIFIED JUDGE ADVOCATE. 

16 (a) IN GENERAL.—Subsection (a) of section 872 of title 

17 10, United States Code (article 72) of the Uniform Code 

18 of Military Justice), is amended by inserting after the first 

19 sentence the following new sentence: ‘‘The special court-mar20 tial convening authority may detail a judge advocate, who 

21 is certified under section 827(b) of this title (article 27(b)), 

22 to conduct the hearing.’’. 

23 (b) TECHNICAL AMENDMENTS.—Such section (article) 

24 is further amended— 


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1 (1) in the last sentence of subsection (a), by 

2 striking ‘‘if he so desires’’ and inserting ‘‘if the proba3 tioner so desires’’; and 

4 (2) in the second sentence of subsection (b)— 

5 (A) by striking ‘‘If he’’ and inserting ‘‘If the 

6 officer exercising general court-martial jurisdic7 tion’’; and 

8 (B) by striking ‘‘section 871(c) of this title 

9 (article 71(c)).’’ and inserting ‘‘section 857 of 

10 this title (article 57)).’’. 

11 SEC. 6816. EXTENSION OF TIME FOR PETITION FOR NEW 

12 TRIAL. 

13 The first sentence of section 873 of title 10, United 

14 States Code (article 73 of the Uniform Code of Military Jus15 tice), is amended by striking ‘‘two years after approval by 

16 the convening authority of a court-martial sentence,’’ and 

17 inserting ‘‘three years after the date of the entry of judgment 

18 under section 860c of this title (article 60c),’’. 

19 SEC. 6817. RESTORATION. 

20 Section 875 of title 10, United States Code (article 75 

21 of the Uniform Code of Military Justice), is amended by 

22 adding at the end the following new subsection: 

23 ‘‘(d) The President shall prescribe regulations, with 

24 such limitations as the President considers appropriate, 

25 governing eligibility for pay and allowances for the period 


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1 after the date on which an executed part of a court-martial 

2 sentence is set aside.’’. 

3 SEC. 6818. LEAVE REQUIREMENTS PENDING REVIEW OF 

4 CERTAIN COURT-MARTIAL CONVICTIONS. 

5 Section 876a of title 10, United States Code (article 

6 76a of the Uniform Code of Military Justice), is amended— 

7 (1) in the first sentence, by striking ‘‘, as ap8 proved under section 860 of this title (article 60),’’; 

9 and 

10 (2) in the second sentence, by striking ‘‘on which 

11 the sentence is approved under section 860 of this title 

12 (article 60)’’ and inserting ‘‘of the entry of judgment 

13 under section 860c of this title (article 60c)’’. 

14 TITLE LXIX—PUNITIVE 

15 ARTICLES 

16 SEC. 6901. REORGANIZATION OF PUNITIVE ARTICLES. 

17 Sections of subchapter X of chapter 47 of title 10, 

18 United States Code (articles of the Uniform Code of Mili19 tary Justice), are transferred within subchapter X and re20 designated as follows: 

21 (1) ENLISTMENT AND SEPARATION.—Sections 

22 883 and 884 (articles 83 and 84) are transferred so 

23 as to appear (in that order) after section 904 (article 

24 104) and are redesignated as sections 904a and 904b 

25 (articles 104a and 104b), respectively. 


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1 (2) RESISTANCE, FLIGHT, BREACH OF ARREST, 

2 AND ESCAPE.—Section 895 (article 95) is transferred 

3 so as to appear after section 887 (article 87) and is 

4 redesignated as section 887a (article 87a). 

5 (3) NONCOMPLIANCE WITH PROCEDURAL

6 RULES.—Section 898 (article 98) is transferred so as 

7 to appear after section 931 (article 131) and is redes8 ignated as section 931f (article 131f). 

9 (4) CAPTURED OR ABANDONED PROPERTY.—Sec10 tion 903 (article 103) is transferred so as to appear 

11 after section 908 (article 108) and is redesignated as 

12 section 908a (article 108a). 

13 (5) AIDING THE ENEMY.—Section 904 (article 

14 104) is redesignated as section 903b (article 103b). 

15 (6) MISCONDUCT AS PRISONER.—Section 905 

16 (article 105) is transferred so as to appear after sec17 tion 897 (article 97) and is redesignated as section 

18 898 (article 98). 

19 (7) SPIES; ESPIONAGE.—Sections 906 and 906a 

20 (articles 106 and 106a) are transferred so as to ap21 pear (in that order) after section 902 (article 102) 

22 and are redesignated as sections 903 and 903a (arti23 cles 103 and 103a), respectively. 

24 (8) MISBEHAVIOR OF SENTINEL.—Section 913 

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1 tion 894 (article 94) and is redesignated as section 

2 895 (article 95). 

3 (9) DRUNKEN OR RECKLESS OPERATION OF A

4 VEHICLE, AIRCRAFT, OR VESSEL.—Section 911 (arti5 cle 111) is transferred so as to appear after section 

6 912a (article 912a) and is redesignated as section 913 

7 (article 113). 

8 (10) HOUSEBREAKING.—Section 930 (article 

9 130) is redesignated as section 929a (article 129a). 

10 (11) STALKING.—Section 920a (article 120a) is 

11 transferred so as to appear after section 929a (article 

12 129a), as redesignated by paragraph (10), and is re13 designated as section 930 (article 130). 

14 (12) FORGERY.—Section 923 (article 123) is 

15 transferred so as to appear after section 904b (article 

16 104b), as transferred and redesignated by paragraph 

17 (1), and is redesignated as section 905 (article 105). 

18 (13) MAIMING.—Section 924 (article 124) is 

19 transferred so as to appear after section 928 (article 

20 128) and is redesignated as section 928a (article 

21 128a). 

22 (14) FRAUDS AGAINST THE UNITED STATES.— 

23 Section 932 of (article 132) is transferred so as to ap24 pear after section 923a (article 123a) and is redesig25 nated as section 924 (article 124). 


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1 SEC. 6902. CONVICTION OF OFFENSE CHARGED, LESSER IN2 CLUDED OFFENSES, AND ATTEMPTS. 

3 Section 879 of title 10, United States Code (article 79 

4 of the Uniform Code of Military Justice), is amended to 

5 read as follows: 

6 ‘‘§ 879. Art. 79. Conviction of offense charged, lesser 

7 included offenses, and attempts 

8 ‘‘(a) IN GENERAL.—An accused may be found guilty 

9 of any of the following: 

10 ‘‘(1) The offense charged. 

11 ‘‘(2) A lesser included offense. 

12 ‘‘(3) An attempt to commit the offense charged. 

13 ‘‘(4) An attempt to commit a lesser included of14 fense, if the attempt is an offense in its own right. 

15 ‘‘(b) DEFINITION.—In this section (article), the term 

16 ‘lesser included offense’ means— 

17 ‘‘(1) an offense that is necessarily included in the 

18 offense charged; and 

19 ‘‘(2) any lesser included offense so designated by 

20 regulation prescribed by the President. 

21 ‘‘(c) REGULATORY AUTHORITY.—Any designation of a 

22 lesser included offense in a regulation referred to in sub23 section (b) shall be reasonably included in the greater of24 fense.’’. 


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1 SEC. 6903. SOLICITING COMMISSION OF OFFENSES. 

2 Section 882 of title 10, United States Code (article 82 

3 of the Uniform Code of Military Justice), is amended to 

4 read as follows: 

5 ‘‘§ 882. Art. 82. Soliciting commission of offenses 

6 ‘‘(a) SOLICITING COMMISSION OF OFFENSES GEN7 ERALLY.—Any person subject to this chapter who solicits 

8 or advises another to commit an offense under this chapter 

9 (other than an offense specified in subsection (b)) shall be 

10 punished as a court-martial may direct. 

11 ‘‘(b) SOLICITING DESERTION, MUTINY, SEDITION, OR

12 MISBEHAVIOR BEFORE THE ENEMY.—Any person subject 

13 to this chapter who solicits or advises another to violate sec14 tion 885 of this title (article 85), section 894 of this title 

15 (article 94), or section 899 of this title (article 99)— 

16 ‘‘(1) if the offense solicited or advised is at17 tempted or is committed, shall be punished with the 

18 punishment provided for the commission of the of19 fense; and 

20 ‘‘(2) if the offense solicited or advised is not at21 tempted or committed, shall be punished as a court22 martial may direct.’’. 

23 SEC. 6904. MALINGERING. 

24 Subchapter X of chapter 47 of title 10, United States 

25 Code, is amended by inserting after section 882 (article 82 


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1 of the Uniform Code of Military Justice), as amended by 

2 section 6903, the following new section (article): 

3 ‘‘§ 883. Art. 83. Malingering 

4 ‘‘Any person subject to this chapter who, with the in5 tent to avoid work, duty, or service— 

6 ‘‘(1) feigns illness, physical disablement, mental 

7 lapse, or mental derangement; or 

8 ‘‘(2) intentionally inflicts self-injury; 

9 shall be punished as a court-martial may direct.’’. 

10 SEC. 6905. BREACH OF MEDICAL QUARANTINE. 

11 Subchapter X of chapter 47 of title 10, United States 

12 Code, is amended by inserting after section 883 (article 83 

13 of the Uniform Code of Military Justice), as added by sec14 tion 6904, the following new section (article): 

15 ‘‘§ 884. Art. 84. Breach of medical quarantine 

16 ‘‘Any person subject to this chapter— 

17 ‘‘(1) who is ordered into medical quarantine by 

18 a person authorized to issue such order; and 

19 ‘‘(2) who, with knowledge of the quarantine and 

20 the limits of the quarantine, goes beyond those limits 

21 before being released from the quarantine by proper 

22 authority; 

23 shall be punished as a court-martial may direct.’’. 


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1 SEC. 6906. MISSING MOVEMENT; JUMPING FROM VESSEL. 

2 Section 887 of title 10, United States Code (article 87 

3 of the Uniform Code of Military Justice), is amended to 

4 read as follows: 

5 ‘‘§ 887. Art. 87. Missing movement; jumping from ves6 sel 

7 ‘‘(a) MISSING MOVEMENT.—Any person subject to this 

8 chapter who, through neglect or design, misses the movement 

9 of a ship, aircraft, or unit with which the person is required 

10 in the course of duty to move shall be punished as a court11 martial may direct. 

12 ‘‘(b) JUMPING FROM VESSEL INTO THE WATER.—Any 

13 person subject to this chapter who wrongfully and inten14 tionally jumps into the water from a vessel in use by the 

15 armed forces shall be punished as a court-martial may di16 rect.’’. 

17 SEC. 6907. OFFENSES AGAINST CORRECTIONAL CUSTODY 

18 AND RESTRICTION. 

19 Subchapter X of chapter 47 of title 10, United States 

20 Code, is amended by inserting after section 887a (article 

21 87a of the Uniform Code of Military Justice), as transferred 

22 and redesignated by section 6901(2), the following new sec23 tion (article): 


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1 ‘‘§ 887b. Art. 87b. Offenses against correctional cus2 tody and restriction 

3 ‘‘(a) ESCAPE FROM CORRECTIONAL CUSTODY.—Any 

4 person subject to this chapter— 

5 ‘‘(1) who is placed in correctional custody by a 

6 person authorized to do so; 

7 ‘‘(2) who, while in correctional custody, is under 

8 physical restraint; and 

9 ‘‘(3) who escapes from the physical restraint be10 fore being released from the physical restraint by 

11 proper authority; 

12 shall be punished as a court-martial may direct. 

13 ‘‘(b) BREACH OF CORRECTIONAL CUSTODY.—Any per14 son subject to this chapter— 

15 ‘‘(1) who is placed in correctional custody by a 

16 person authorized to do so; 

17 ‘‘(2) who, while in correctional custody, is under 

18 restraint other than physical restraint; and 

19 ‘‘(3) who goes beyond the limits of the restraint 

20 before being released from the correctional custody or 

21 relieved of the restraint by proper authority; 

22 shall be punished as a court-martial may direct. 

23 ‘‘(c) BREACH OF RESTRICTION.—Any person subject 

24 to this chapter— 

25 ‘‘(1) who is ordered to be restricted to certain 

26 limits by a person authorized to do so; and 


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1 ‘‘(2) who, with knowledge of the limits of the re2 striction, goes beyond those limits before being re3 leased by proper authority; 

4 shall be punished as a court-martial may direct.’’. 

5 SEC. 6908. DISRESPECT TOWARD SUPERIOR COMMISSIONED 

6 OFFICER; ASSAULT OF SUPERIOR COMMIS7 SIONED OFFICER. 

8 Section 889 of title 10, United States Code (article 89 

9 of the Uniform Code of Military Justice), is amended to 

10 read as follows: 

11 ‘‘§ 889. Art. 89. Disrespect toward superior commis12 sioned officer; assault of superior commis13 sioned officer 

14 ‘‘(a) DISRESPECT.—Any person subject to this chapter 

15 who behaves with disrespect toward that person’s superior 

16 commissioned officer shall be punished as a court-martial 

17 may direct. 

18 ‘‘(b) ASSAULT.—Any person subject to this chapter 

19 who strikes that person’s superior commissioned officer or 

20 draws or lifts up any weapon or offers any violence against 

21 that officer while the officer is in the execution of the offi22 cer’s office shall be punished— 

23 ‘‘(1) if the offense is committed in time of war, 

24 by death or such other punishment as a court-martial 

25 may direct; and 


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1 ‘‘(2) if the offense is committed at any other 

2 time, by such punishment, other than death, as a 

3 court-martial may direct.’’. 

4 SEC. 6909. WILLFULLY DISOBEYING SUPERIOR COMMIS5 SIONED OFFICER. 

6 Section 890 of title 10, United States Code (article 90 

7 of the Uniform Code of Military Justice), is amended to 

8 read as follows: 

9 ‘‘§ 890. Art. 90. Willfully disobeying superior commis10 sioned officer 

11 ‘‘Any person subject to this chapter who willfully dis12 obeys a lawful command of that person’s superior commis13 sioned officer shall be punished— 

14 ‘‘(1) if the offense is committed in time of war, 

15 by death or such other punishment as a court-martial 

16 may direct; and 

17 ‘‘(2) if the offense is committed at any other 

18 time, by such punishment, other than death, as a 

19 court-martial may direct.’’. 

20 SEC. 6910. PROHIBITED ACTIVITIES WITH MILITARY RE21 CRUIT OR TRAINEE BY PERSON IN POSITION 

22 OF SPECIAL TRUST. 

23 Subchapter X of chapter 47 of title 10, United States 

24 Code, is amended by inserting after section 893 (article 93 


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1 of the Uniform Code of Military Justice), the following new 

2 section (article): 

3 ‘‘§ 893a. Art. 93a. Prohibited activities with military 

4 recruit or trainee by person in position of 

5 special trust 

6 ‘‘(a) ABUSE OF TRAINING LEADERSHIP POSITION.— 

7 Any person subject to this chapter— 

8 ‘‘(1) who is an officer, a noncommissioned offi9 cer, or a petty officer; 

10 ‘‘(2) who is in a training leadership position 

11 with respect to a specially protected junior member of 

12 the armed forces; and 

13 ‘‘(3) who engages in prohibited sexual activity 

14 with such specially protected junior member of the 

15 armed forces; 

16 shall be punished as a court-martial may direct. 

17 ‘‘(b) ABUSE OF POSITION AS MILITARY RECRUITER.— 

18 Any person subject to this chapter— 

19 ‘‘(1) who is a military recruiter and engages in 

20 prohibited sexual activity with an applicant for mili21 tary service; or 

22 ‘‘(2) who is a military recruiter and engages in 

23 prohibited sexual activity with a specially protected 

24 junior member of the armed forces who is enlisted 

25 under a delayed entry program; 


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1 shall be punished as a court-martial may direct. 

2 ‘‘(c) CONSENT.—Consent is not a defense for any con3 duct at issue in a prosecution under this section (article). 

4 ‘‘(d) DEFINITIONS.—In this section (article): 

5 ‘‘(1) SPECIALLY PROTECTED JUNIOR MEMBER OF

6 THE ARMED FORCES.—The term ‘specially protected 

7 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: 


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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 States 

10 Military Academy, the United States Naval 

11 Academy, the United States Air Force Academy, 

12 and the United States Coast Guard Academy. 

13 ‘‘(3) APPLICANT FOR MILITARY SERVICE.—The 

14 term ‘applicant for military service’ means a person 

15 who, under regulations prescribed by the Secretary 

16 concerned, is an applicant for original enlistment or 

17 appointment in the armed forces. 

18 ‘‘(4) MILITARY RECRUITER.—The term ‘military 

19 recruiter’ means a person who, under regulations pre20 scribed by the Secretary concerned, has the primary 

21 duty to recruit persons for military service. 

22 ‘‘(5) PROHIBITED SEXUAL ACTIVITY.—The term 

23 ‘prohibited sexual activity’ means, as specified in reg24 ulations prescribed by the Secretary concerned, inapVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 01219 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 propriate physical intimacy under circumstances de2 scribed in such regulations.’’. 

3 SEC. 6911. OFFENSES BY SENTINEL OR LOOKOUT. 

4 Section 895 of title 10, United States Code (article 95 

5 of the Uniform Code of Military Justice), as transferred and 

6 redesignated by section 6901(8), is amended to read as fol7 lows: 

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 lookout 

11 who is drunk on post, who sleeps on post, or who leaves 

12 post before being regularly relieved, shall be punished— 

13 ‘‘(1) if the offense is committed in time of war, 

14 by death or such other punishment as a court-martial 

15 may direct; and 

16 ‘‘(2) if the offense is committed other than in 

17 time of war, by such punishment, other than death, 

18 as a court-martial may direct. 

19 ‘‘(b) LOITERING OR WRONGFULLY SITTING ON

20 POST.—Any sentinel or lookout who loiters or wrongfully 

21 sits down on post shall be punished as a court-martial may 

22 direct.’’. 

23 SEC. 6912. DISRESPECT TOWARD SENTINEL OR LOOKOUT. 

24 Subchapter X of chapter 47 of title 10, United States 

25 Code, is amended by inserting after section 895 (article 95 


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1 of the Uniform Code of Military Justice), as amended by 

2 section 6911, the following new section (article): 

3 ‘‘§ 895a. Art. 95a. Disrespect toward sentinel or look4 out 

5 ‘‘(a) DISRESPECTFUL LANGUAGE TOWARD SENTINEL

6 OR LOOKOUT.—Any person subject to this chapter who, 

7 knowing that another person is a sentinel or lookout, uses 

8 wrongful and disrespectful language that is directed toward 

9 and within the hearing of the sentinel or lookout, who is 

10 in the execution of duties as a sentinel or lookout, shall be 

11 punished as a court-martial may direct. 

12 ‘‘(b) DISRESPECTFUL BEHAVIOR TOWARD SENTINEL

13 OR LOOKOUT.—Any person subject to this chapter who, 

14 knowing that another person is a sentinel or lookout, be15 haves in a wrongful and disrespectful manner that is di16 rected toward and within the sight of the sentinel or lookout, 

17 who is in the execution of duties as a sentinel or lookout, 

18 shall be punished as a court-martial may direct.’’. 

19 SEC. 6913. RELEASE OF PRISONER WITHOUT AUTHORITY; 

20 DRINKING WITH PRISONER. 

21 Section 896 of title 10, United States Code (article 96 

22 of the Uniform Code of Military Justice), is amended to 

23 read as follows: 


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1 ‘‘§ 896. Art. 96. Release of prisoner without authority; 

2 drinking with prisoner 

3 ‘‘(a) RELEASE OF PRISONER WITHOUT AUTHORITY.— 

4 Any person subject to this chapter— 

5 ‘‘(1) who, without authority to do so, releases a 

6 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 with 

11 the law. 

12 ‘‘(b) DRINKING WITH PRISONER.—Any person subject 

13 to this chapter who unlawfully drinks any alcoholic bev14 erage with a prisoner shall be punished as a court-martial 

15 may direct.’’. 

16 SEC. 6914. PENALTY FOR ACTING AS A SPY. 

17 Section 903 of title 10, United States Code (article 103 

18 of the Uniform Code of Military Justice), as transferred and 

19 redesignated by section 6901(7), is amended by inserting 

20 before the period at the end of the first sentence the fol21 lowing: ‘‘or such other punishment as a court-martial or 

22 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 


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1 103b of the Uniform Code of Military Justice), as redesig2 nated by section 6901(5), the following new section (article): 

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, obliter7 ates, or destroys a public record; or 

8 ‘‘(2) takes a public record with the intent to 

9 alter, conceal, remove, mutilate, obliterate, or destroy 

10 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 105 

15 of the Uniform Code of Military Justice), as transferred and 

16 redesignated by section 6901(12), the following new section 

17 (article): 

18 ‘‘§ 905a. Art. 105a. False or unauthorized pass offenses 

19 ‘‘(a) WRONGFUL MAKING, ALTERING, ETC.—Any per20 son subject to this chapter who, wrongfully and falsely, 

21 makes, alters, counterfeits, or tampers with a military or 

22 official pass, permit, discharge certificate, or identification 

23 card shall be punished as a court-martial may direct. 

24 ‘‘(b) WRONGFUL SALE, ETC.—Any person subject to 

25 this chapter who wrongfully sells, gives, lends, or disposes 


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1 of a false or unauthorized military or official pass, permit, 

2 discharge certificate, or identification card, knowing that 

3 the pass, permit, discharge certificate, or identification card 

4 is false or unauthorized, shall be punished as a court-mar5 tial may direct. 

6 ‘‘(c) WRONGFUL USE OR POSSESSION.—Any person 

7 subject to this chapter who wrongfully uses or possesses a 

8 false or unauthorized military or official pass, permit, dis9 charge certificate, or identification card, knowing that the 

10 pass, permit, discharge certificate, or identification card is 

11 false or unauthorized, shall be punished as a court-martial 

12 may direct.’’. 

13 SEC. 6917. IMPERSONATION OFFENSES. 

14 Subchapter X of chapter 47 of title 10, United States 

15 Code, is amended by inserting after section 905a (article 

16 105a of the Uniform Code of Military Justice), as added 

17 by section 6916, the following new section (article): 

18 ‘‘§ 906. Art. 106. Impersonation of officer, noncommis19 sioned or petty officer, or agent or official 

20 ‘‘(a) IN GENERAL.—Any person subject to this chapter 

21 who, wrongfully and willfully, impersonates— 

22 ‘‘(1) an officer, a noncommissioned officer, or a 

23 petty officer; 

24 ‘‘(2) an agent of superior authority of one of the 

25 armed forces; or 


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1 ‘‘(3) an official of a government; 

2 shall be punished as a court-martial may direct. 

3 ‘‘(b) IMPERSONATION WITH INTENT TO DEFRAUD.— 

4 Any person subject to this chapter who, wrongfully, will5 fully, and with intent to defraud, impersonates any person 

6 referred to in paragraph (1), (2), or (3) of subsection (a) 

7 shall be punished as a court-martial may direct. 

8 ‘‘(c) IMPERSONATION OF GOVERNMENT OFFICIAL

9 WITHOUT INTENT TO DEFRAUD.—Any person subject to 

10 this chapter who, wrongfully, willfully, and without intent 

11 to defraud, impersonates an official of a government by 

12 committing an act that exercises or asserts the authority 

13 of the office that the person claims to have shall be punished 

14 as a court-martial may direct.’’. 

15 SEC. 6918. INSIGNIA OFFENSES. 

16 Subchapter X of chapter 47 of title 10, United States 

17 Code, is amended by inserting after section 906 (article 106 

18 of the Uniform Code of Military Justice), as added by sec19 tion 6917, the following new section (article): 

20 ‘‘§ 906a. Art. 106a. Wearing unauthorized insignia, 

21 decoration, badge, ribbon, device, or lapel 

22 button 

23 ‘‘Any person subject to this chapter— 

24 ‘‘(1) who is not authorized to wear an insignia, 

25 decoration, badge, ribbon, device, or lapel button; and 


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1 ‘‘(2) who wrongfully wears such insignia, decora2 tion, badge, ribbon, device, or lapel button upon the 

3 person’s uniform or civilian clothing; 

4 shall be punished as a court-martial may direct.’’. 

5 SEC. 6919. FALSE OFFICIAL STATEMENTS; FALSE SWEAR6 ING. 

7 Section 907 of title 10, United States Code (article 107 

8 of the Uniform Code of Military Justice), is amended to 

9 read as follows: 

10 ‘‘§ 907. Art. 107. False official statements; false swear11 ing 

12 ‘‘(a) FALSE OFFICIAL STATEMENTS.—Any person sub13 ject to this chapter who, with intent to deceive— 

14 ‘‘(1) signs any false record, return, regulation, 

15 order, or other official document, knowing it to be 

16 false; or 

17 ‘‘(2) makes any other false official statement 

18 knowing it to be false; 

19 shall be punished as a court-martial may direct. 

20 ‘‘(b) FALSE SWEARING.—Any person subject to this 

21 chapter— 

22 ‘‘(1) who takes an oath that— 

23 ‘‘(A) is administered in a matter in which 

24 such oath is required or authorized by law; and 


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1 ‘‘(B) is administered by a person with au2 thority to do so; and 

3 ‘‘(2) who, upon such oath, makes or subscribes to 

4 a statement; 

5 if the statement is false and at the time of taking the oath, 

6 the person does not believe the statement to be true, shall 

7 be punished as a court-martial may direct.’’. 

8 SEC. 6920. PAROLE VIOLATION. 

9 Subchapter X of chapter 47 of title 10, United States 

10 Code, is amended by inserting after section 907 (article 107 

11 of the Uniform Code of Military Justice), as amended by 

12 section 6919, the following new section (article): 

13 ‘‘§ 907a. Art. 107a. Parole violation 

14 ‘‘Any person subject to this chapter— 

15 ‘‘(1) who, having been a prisoner as the result of 

16 a court-martial conviction or other criminal pro17 ceeding, is on parole with conditions; and 

18 ‘‘(2) who violates the conditions of parole; 

19 shall be punished as a court-martial may direct.’’. 

20 SEC. 6921. WRONGFUL TAKING, OPENING, ETC. OF MAIL 

21 MATTER. 

22 Subchapter X of chapter 47 of title 10, United States 

23 Code, is amended by inserting after section 909 (article 109 

24 of the Uniform Code of Military Justice), the following new 

25 section (article): 


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1 ‘‘§ 909a. Art. 109a. Mail matter: wrongful taking, 

2 opening, etc. 

3 ‘‘(a) TAKING.—Any person subject to this chapter who, 

4 with the intent to obstruct the correspondence of, or to pry 

5 into the business or secrets of, any person or organization, 

6 wrongfully takes mail matter before the mail matter is de7 livered to or received by the addressee shall be punished as 

8 a court-martial may direct. 

9 ‘‘(b) OPENING, SECRETING, DESTROYING, STEAL10 ING.—Any person subject to this chapter who wrongfully 

11 opens, secretes, destroys, or steals mail matter before the 

12 mail matter is delivered to or received by the addressee shall 

13 be punished as a court-martial may direct.’’. 

14 SEC. 6922. IMPROPER HAZARDING OF VESSEL OR AIR15 CRAFT. 

16 Section 910 of title 10, United States Code (article 110 

17 of the Uniform Code of Military Justice), is amended to 

18 read as follows: 

19 ‘‘§ 910. Art. 110. Improper hazarding of vessel or air20 craft 

21 ‘‘(a) WILLFUL AND WRONGFUL HAZARDING.—Any 

22 person subject to this chapter who, willfully and wrongfully, 

23 hazards or suffers to be hazarded any vessel or aircraft of 

24 the armed forces shall be punished by death or such other 

25 punishment as a court-martial may direct. 


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1 ‘‘(b) NEGLIGENT HAZARDING.—Any person subject to 

2 this chapter who negligently hazards or suffers to be haz3 arded any vessel or aircraft of the armed forces shall be 

4 punished as a court-martial may direct.’’. 

5 SEC. 6923. LEAVING SCENE OF VEHICLE ACCIDENT. 

6 Subchapter X of chapter 47 of title 10, United States 

7 Code, is amended by inserting after section 910 (article 110 

8 of the Uniform Code of Military Justice), as amended by 

9 section 6922, the following new section (article): 

10 ‘‘§ 911. Art. 111. Leaving scene of vehicle accident 

11 ‘‘(a) DRIVER.—Any person subject to this chapter— 

12 ‘‘(1) who is the driver of a vehicle that is in13 volved in an accident that results in personal injury 

14 or property damage; and 

15 ‘‘(2) who wrongfully leaves the scene of the acci16 dent— 

17 ‘‘(A) without providing assistance to an in18 jured person; or 

19 ‘‘(B) without providing personal identifica20 tion to others involved in the accident or to ap21 propriate authorities; 

22 shall be punished as a court-martial may direct. 

23 ‘‘(b) SENIOR PASSENGER.—Any person subject to this 

24 chapter— 


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1 ‘‘(1) who is a passenger in a vehicle that is in2 volved in an accident that results in personal injury 

3 or property damage; 

4 ‘‘(2) who is the superior commissioned or non5 commissioned officer of the driver of the vehicle or is 

6 the commander of the vehicle; and 

7 ‘‘(3) who wrongfully and unlawfully orders, 

8 causes, or permits the driver to leave the scene of the 

9 accident— 

10 ‘‘(A) without providing assistance to an in11 jured person; or 

12 ‘‘(B) without providing personal identifica13 tion to others involved in the accident or to ap14 propriate authorities; 

15 shall be punished as a court-martial may direct.’’. 

16 SEC. 6924. DRUNKENNESS AND OTHER INCAPACITATION 

17 OFFENSES. 

18 Section 912 of title 10, United States Code (article 112 

19 of the Uniform Code of Military Justice), is amended to 

20 read as follows: 

21 ‘‘§ 912. Art. 112. Drunkenness and other incapacita22 tion offenses 

23 ‘‘(a) DRUNK ON DUTY.—Any person subject to this 

24 chapter who is drunk on duty shall be punished as a court25 martial may direct. 


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1 ‘‘(b) INCAPACITATION FOR DUTY FROM DRUNKENNESS

2 OR DRUG USE.—Any person subject to this chapter who, 

3 as a result of indulgence in any alcoholic beverage or any 

4 drug, is incapacitated for the proper performance of duty 

5 shall be punished as a court-martial may direct. 

6 ‘‘(c) DRUNK PRISONER.—Any person subject to this 

7 chapter who is a prisoner and, while in such status, is 

8 drunk shall be punished as a court-martial may direct.’’. 

9 SEC. 6925. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR 

10 CONVICTION OF DRUNKEN OR RECKLESS OP11 ERATION OF VEHICLE, AIRCRAFT, OR VESSEL. 

12 Subsection (b)(3) of section 913 of title 10, United 

13 States Code (article 113 of the Uniform Code of Military 

14 Justice), as transferred and redesignated by section 

15 6901(9), is amended— 

16 (1) by striking ‘‘0.10 grams’’ both places it ap17 pears and inserting ‘‘0.08 grams’’; and 

18 (2) by adding at the end the following new sen19 tence: ‘‘The Secretary may by regulation prescribe 

20 limits that are lower than the limits specified in the 

21 preceding sentence, if such lower limits are based on 

22 scientific developments, as reflected in Federal law of 

23 general applicability.’’. 


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1 SEC. 6926. ENDANGERMENT OFFENSES. 

2 Section 914 of title 10, United States Code (article 114 

3 of the Uniform Code of Military Justice), is amended to 

4 read as follows: 

5 ‘‘§ 914. Art. 114. Endangerment offenses 

6 ‘‘(a) RECKLESS ENDANGERMENT.—Any person subject 

7 to this chapter who engages in conduct that— 

8 ‘‘(1) is wrongful and reckless or is wanton; and 

9 ‘‘(2) is likely to produce death or grievous bodily 

10 harm to another person; 

11 shall be punished as a court-martial may direct. 

12 ‘‘(b) DUELING.—Any person subject to this chapter— 

13 ‘‘(1) who fights or promotes, or is concerned in 

14 or connives at fighting a duel; or 

15 ‘‘(2) who, having knowledge of a challenge sent 

16 or about to be sent, fails to report the facts promptly 

17 to the proper authority; 

18 shall be punished as a court-martial may direct. 

19 ‘‘(c) FIREARM DISCHARGE, ENDANGERING HUMAN

20 LIFE.—Any person subject to this chapter who, willfully 

21 and wrongly, discharges a firearm, under circumstances 

22 such as to endanger human life shall be punished as a court23 martial may direct. 

24 ‘‘(d) CARRYING CONCEALED WEAPON.—Any person 

25 subject to this chapter who unlawfully carries a dangerous 


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1 weapon concealed on or about his person shall be punished 

2 as a court-martial may direct.’’. 

3 SEC. 6927. COMMUNICATING THREATS. 

4 Section 915 of title 10, United States Code (article 115 

5 of the Uniform Code of Military Justice), is amended to 

6 read as follows: 

7 ‘‘§ 915. Art. 115. Communicating threats 

8 ‘‘(a) COMMUNICATING THREATS GENERALLY.—Any 

9 person subject to this chapter who wrongfully communicates 

10 a threat to injure the person, property, or reputation of an11 other shall be punished as a court-martial may direct. 

12 ‘‘(b) COMMUNICATING THREAT TO USE EXPLOSIVE, 

13 ETC.—Any person subject to this chapter who wrongfully 

14 communicates a threat to injure the person or property of 

15 another by use of (1) an explosive, (2) a weapon of mass 

16 destruction, (3) a biological or chemical agent, substance, 

17 or weapon, or (4) a hazardous material, shall be punished 

18 as a court-martial may direct. 

19 ‘‘(c) COMMUNICATING FALSE THREAT CONCERNING

20 USE OF EXPLOSIVE, ETC.—Any person subject to this chap21 ter who maliciously communicates a false threat concerning 

22 injury to the person or property of another by use of (1) 

23 an explosive, (2) a weapon of mass destruction, (3) a bio24 logical or chemical agent, substance, or weapon, or (4) a 

25 hazardous material, shall be punished as a court-martial 


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1 may direct. As used in the preceding sentence, the term 

2 ‘false threat’ means a threat that, at the time the threat 

3 is communicated, is known to be false by the person commu4 nicating the threat.’’. 

5 SEC. 6928. TECHNICAL AMENDMENT RELATING TO MURDER. 

6 Section 918(4) of title 10, United States Code (article 

7 118(4) of the Uniform Code of Military Justice), is amend8 ed by striking ‘‘forcible sodomy,’’. 

9 SEC. 6929. CHILD ENDANGERMENT. 

10 Subchapter X of chapter 47 of title 10, United States 

11 Code, is amended by inserting after section 919a (article 

12 119a of the Uniform Code of Military Justice), the following 

13 new section (article): 

14 ‘‘§ 919b. Art. 119b. Child endangerment 

15 ‘‘Any person subject to this chapter— 

16 ‘‘(1) who has a duty for the care of a child under 

17 the age of 16 years; and 

18 ‘‘(2) who, through design or culpable negligence, 

19 endangers the child’s mental or physical health, safe20 ty, or welfare; 

21 shall be punished as a court-martial may direct.’’. 

22 SEC. 6930. DEPOSIT OF OBSCENE MATTER IN THE MAIL. 

23 Subchapter X of chapter 47 of title 10, United States 

24 Code, is amended by inserting after section 920 (article 120 


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1 of the Uniform Code of Military Justice), the following new 

2 section (article): 

3 ‘‘§ 920a. Art. 120a. Mails: deposit of obscene matter 

4 ‘‘Any person subject to this chapter who, wrongfully 

5 and knowingly, deposits obscene matter for mailing and de6 livery shall be punished as a court-martial may direct.’’. 

7 SEC. 6931. FRAUDULENT USE OF CREDIT CARDS, DEBIT 

8 CARDS, AND OTHER ACCESS DEVICES. 

9 Subchapter X of chapter 47 of title 10, United States 

10 Code, is amended by inserting after section 921 (article 121 

11 of the Uniform Code of Military Justice), the following new 

12 section (article): 

13 ‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, 

14 debit cards, and other access devices 

15 ‘‘(a) IN GENERAL.—Any person subject to this chapter 

16 who, with intent to defraud, uses— 

17 ‘‘(1) a stolen credit card, debit card, or other ac18 cess device; 

19 ‘‘(2) a revoked, cancelled, or otherwise invalid 

20 credit card, debit card, or other access device; or 

21 ‘‘(3) a credit card, debit card, or other access de22 vice without the authorization of a person whose au23 thorization is required for such use; 

24 to obtain money, property, services, or anything else of 

25 value shall be punished as a court-martial may direct. 


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1 ‘‘(b) DEFINITION.—In this section (article), the term 

2 ‘access device’ has the meaning given that term in section 

3 1029 of title 18.’’. 

4 SEC. 6932. FALSE PRETENSES TO OBTAIN SERVICES. 

5 Subchapter X of chapter 47 of title 10, United States 

6 Code, is amended by inserting after section 921a (article 

7 121a of the Uniform Code of Military Justice), as added 

8 by section 6931, the following new section (article): 

9 ‘‘§ 921b. Art. 121b. False pretenses to obtain services 

10 ‘‘Any person subject to this chapter who, with intent 

11 to defraud, knowingly uses false pretenses to obtain services 

12 shall be punished as a court-martial may direct.’’. 

13 SEC. 6933. ROBBERY. 

14 Section 922 of title 10, United States Code (article 122 

15 of the Uniform Code of Military Justice), is amended to 

16 read as follows: 

17 ‘‘§ 922. Art. 122. Robbery 

18 ‘‘Any person subject to this chapter who takes anything 

19 of value from the person or in the presence of another, 

20 against his will, by means of force or violence or fear of 

21 immediate or future injury to his person or property or 

22 to the person or property of a relative or member of his 

23 family or of anyone in his company at the time of the rob24 bery, is guilty of robbery and shall be punished as a court25 martial may direct.’’. 


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1 SEC. 6934. RECEIVING STOLEN PROPERTY. 

2 Subchapter X of chapter 47 of title 10, United States 

3 Code, is amended by inserting after section 922 (article 122 

4 of the Uniform Code of Military Justice), as amended by 

5 section 6933, the following new section (article): 

6 ‘‘§ 922a. Art. 122a. Receiving stolen property 

7 ‘‘Any person subject to this chapter who wrongfully re8 ceives, buys, or conceals stolen property, knowing the prop9 erty to be stolen property, shall be punished as a court10 martial may direct.’’. 

11 SEC. 6935. OFFENSES CONCERNING GOVERNMENT COM12 PUTERS. 

13 Subchapter X of chapter 47 of title 10, United States 

14 Code, is amended by inserting after section 922a (article 

15 122a of the Uniform Code of Military Justice), as added 

16 by section 6934, the following new section (article): 

17 ‘‘§ 923. Art. 123. Offenses concerning government com18 puters 

19 ‘‘(a) IN GENERAL.—Any person subject to this chapter 

20 who— 

21 ‘‘(1) knowingly accesses a Government computer, 

22 with an unauthorized purpose, and by doing so ob23 tains classified information, with reason to believe 

24 such information could be used to the injury of the 

25 United States, or to the advantage of any foreign na26 tion, and intentionally communicates, delivers, transVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 01237 Fmt 6652 Sfmt 6203 E:\BILLS\H4909.RH H4909

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1 mits, or causes to be communicated, delivered, or 

2 transmitted such information to any person not enti3 tled to receive it; 

4 ‘‘(2) intentionally accesses a Government com5 puter, with an unauthorized purpose, and thereby ob6 tains classified or other protected information from 

7 any such Government computer; or 

8 ‘‘(3) knowingly causes the transmission of a pro9 gram, information, code, or command, and as a result 

10 of such conduct, intentionally causes damage without 

11 authorization, to a Government computer; 

12 shall be punished as a court-martial may direct. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘computer’ has the meaning given 

15 that term in section 1030 of title 18. 

16 ‘‘(2) The term ‘Government computer’ means a 

17 computer owned or operated by or on behalf of the 

18 United States Government. 

19 ‘‘(3) The term ‘damage’ has the meaning given 

20 that term in section 1030 of title 18.’’. 

21 SEC. 6936. BRIBERY. 

22 Subchapter X of chapter 47 of title 10, United States 

23 Code, is amended by inserting after section 924 (article 124 

24 of the Uniform Code of Military Justice), as transferred and 


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1 redesignated by section 6901(14), the following new section 

2 (article): 

3 ‘‘§ 924a. Art. 124a. Bribery 

4 ‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF

5 VALUE.—Any person subject to this chapter— 

6 ‘‘(1) who occupies an official position or who has 

7 official duties; and 

8 ‘‘(2) who wrongfully asks, accepts, or receives a 

9 thing of value with the intent to have the person’s de10 cision or action influenced with respect to an official 

11 matter in which the United States is interested; 

12 shall be punished as a court-martial may direct. 

13 ‘‘(b) PROMISING, OFFERING, OR GIVING THING OF

14 VALUE.—Any person subject to this chapter who wrongfully 

15 promises, offers, or gives a thing of value to another person, 

16 who occupies an official position or who has official duties, 

17 with the intent to influence the decision or action of the 

18 other person with respect to an official matter in which the 

19 United States is interested, shall be punished as a court20 martial may direct.’’. 

21 SEC. 6937. GRAFT. 

22 Subchapter X of chapter 47 of title 10, United States 

23 Code, is amended by inserting after section 924a (article 

24 124a of the Uniform Code of Military Justice), as added 

25 by section 6936, the following new section (article): 


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1 ‘‘§ 924b. Art. 124b. Graft 

2 ‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF

3 VALUE.—Any person subject to this chapter— 

4 ‘‘(1) who occupies an official position or who has 

5 official duties; and 

6 ‘‘(2) who wrongfully asks, accepts, or receives a 

7 thing of value as compensation for or in recognition 

8 of services rendered or to be rendered by the person 

9 with respect to an official matter in which the United 

10 States is interested; 

11 shall be punished as a court-martial may direct. 

12 ‘‘(b) PROMISING, OFFERING, OR GIVING THING OF

13 VALUE.—Any person subject to this chapter who wrongfully 

14 promises, offers, or gives a thing of value to another person, 

15 who occupies an official position or who has official duties, 

16 as compensation for or in recognition of services rendered 

17 or to be rendered by the other person with respect to an 

18 official matter in which the United States is interested, 

19 shall be punished as a court-martial may direct.’’. 

20 SEC. 6938. KIDNAPPING. 

21 Section 925 of title 10, United States Code (article 125 

22 of the Uniform Code of Military Justice), is amended to 

23 read as follows: 

24 ‘‘§ 925. Art. 125. Kidnapping 

25 ‘‘Any person subject to this chapter who wrongfully— 


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1 ‘‘(1) seizes, confines, inveigles, decoys, or carries 

2 away another person; and 

3 ‘‘(2) holds the other person against that person’s 

4 will; 

5 shall be punished as a court-martial may direct.’’. 

6 SEC. 6939. ARSON; BURNING PROPERTY WITH INTENT TO 

7 DEFRAUD. 

8 Section 926 of title 10, United States Code (article 126 

9 of the Uniform Code of Military Justice), is amended to 

10 read as follows: 

11 ‘‘§ 926. Art. 126. Arson; burning property with intent 

12 to defraud 

13 ‘‘(a) AGGRAVATED ARSON.—Any person subject to this 

14 chapter who, willfully and maliciously, burns or sets on fire 

15 an inhabited dwelling, or any other structure, movable or 

16 immovable, wherein, to the knowledge of that person, there 

17 is at the time a human being, is guilty of aggravated arson 

18 and shall be punished as a court-martial may direct. 

19 ‘‘(b) SIMPLE ARSON.—Any person subject to this chap20 ter who, willfully and maliciously, burns or sets fire to the 

21 property of another is guilty of simple arson and shall be 

22 punished as a court-martial may direct. 

23 ‘‘(c) BURNING PROPERTY WITH INTENT TO DE24 FRAUD.—Any person subject to this chapter who, willfully, 

25 maliciously, and with intent to defraud, burns or sets fire 


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1 to any property shall be punished as a court-martial may 

2 direct.’’. 

3 SEC. 6940. ASSAULT. 

4 Section 928 of title 10, United States Code (article 128 

5 of the Uniform Code of Military Justice), is amended to 

6 read as follows: 

7 ‘‘§ 928. Art. 128. Assault 

8 ‘‘(a) ASSAULT.—Any person subject to this chapter 

9 who, unlawfully and with force or violence— 

10 ‘‘(1) attempts to do bodily harm to another per11 son; 

12 ‘‘(2) offers to do bodily harm to another person; 

13 or 

14 ‘‘(3) does bodily harm to another person; 

15 is guilty of assault and shall be punished as a court-martial 

16 may direct. 

17 ‘‘(b) AGGRAVATED ASSAULT.—Any person subject to 

18 this chapter— 

19 ‘‘(1) who, with the intent to do bodily harm, of20 fers to do bodily harm with a dangerous weapon; or 

21 ‘‘(2) who, in committing an assault, inflicts sub22 stantial bodily harm, or grievous bodily harm on an23 other person; 

24 is guilty of aggravated assault and shall be punished as 

25 a court-martial may direct. 


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1 ‘‘(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED

2 OFFENSES.— 

3 ‘‘(1) IN GENERAL.—Any person subject to this 

4 chapter who commits assault with intent to commit 

5 an offense specified in paragraph (2) shall be pun6 ished as a court-martial may direct. 

7 ‘‘(2) OFFENSES SPECIFIED.—The offenses re8 ferred to in paragraph (1) are murder, voluntary 

9 manslaughter, rape, sexual assault, rape of a child, 

10 sexual assault of a child, robbery, arson, burglary, 

11 and kidnapping.’’. 

12 SEC. 6941. BURGLARY AND UNLAWFUL ENTRY. 

13 Section 929 of title 10, United States Code (article 129 

14 of the Uniform Code of Military Justice), and section 929a 

15 of such title (article 129a), as redesignated by section 

16 6901(10), are amended to read as follows: 

17 ‘‘§ 929. Art. 129. Burglary; unlawful entry 

18 ‘‘(a) BURGLARY.—Any person subject to this chapter 

19 who, with intent to commit an offense under this chapter, 

20 breaks and enters the building or structure of another shall 

21 be punished as a court-martial may direct. 

22 ‘‘(b) UNLAWFUL ENTRY.—Any person subject to this 

23 chapter who unlawfully enters— 

24 ‘‘(1) the real property of another; or 


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1 ‘‘(2) the personal property of another which 

2 amounts to a structure usually used for habitation or 

3 storage; 

4 shall be punished as a court-martial may direct.’’. 

5 SEC. 6942. STALKING. 

6 Section 930 of title 10, United States Code (article 130 

7 of the Uniform Code of Military Justice), as transferred and 

8 redesignated by section 6901(11), is amended to read as fol9 lows: 

10 ‘‘§ 930. Art. 130. Stalking 

11 ‘‘(a) IN GENERAL.—Any person subject to this chap12 ter— 

13 ‘‘(1) who wrongfully engages in a course of con14 duct directed at a specific person that would cause a 

15 reasonable person to fear death or bodily harm, in16 cluding sexual assault, to himself or herself, to a 

17 member of his or her immediate family, or to his or 

18 her intimate partner; 

19 ‘‘(2) who has knowledge, or should have knowl20 edge, that the specific person will be placed in reason21 able fear of death or bodily harm, including sexual 

22 assault, to himself or herself, to a member of his or 

23 her immediate family, or to his or her intimate part24 ner; and 


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1 ‘‘(3) whose conduct induces reasonable fear in 

2 the specific person of death or bodily harm, including 

3 sexual assault, to himself or herself, to a member of 

4 his or her immediate family, or to his or her intimate 

5 partner; 

6 is guilty of stalking and shall be punished as a court-mar7 tial may direct. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘conduct’ means conduct of any 

10 kind, including use of surveillance, the mails, an 

11 interactive computer service, an electronic commu12 nication service, or an electronic communication sys13 tem. 

14 ‘‘(2) The term ‘course of conduct’ means— 

15 ‘‘(A) a repeated maintenance of visual or 

16 physical proximity to a specific person; 

17 ‘‘(B) a repeated conveyance of verbal threat, 

18 written threats, or threats implied by conduct, or 

19 a combination of such threats, directed at or to20 ward a specific person; or 

21 ‘‘(C) a pattern of conduct composed of re22 peated acts evidencing a continuity of purpose. 

23 ‘‘(3) The term ‘repeated’, with respect to conduct, 

24 means two or more occasions of such conduct. 


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1 ‘‘(4) The term ‘immediate family’, in the case of 

2 a specific person, means— 

3 ‘‘(A) that person’s spouse, parent, brother or 

4 sister, child, or other person to whom he or she 

5 stands in loco parentis; or 

6 ‘‘(B) any other person living in his or her 

7 household and related to him or her by blood or 

8 marriage. 

9 ‘‘(5) The term ‘intimate partner’ in the case of 

10 a specific person, means— 

11 ‘‘(A) a former spouse of the specific person, 

12 a person who shares a child in common with the 

13 specific person, or a person who cohabits with or 

14 has cohabited as a spouse with the specific per15 son; or 

16 ‘‘(B) a person who has been in a social rela17 tionship of a romantic or intimate nature with 

18 the specific person, as determined by the length 

19 of the relationship, the type of relationship, and 

20 the frequency of interaction between the persons 

21 involved in the relationship.’’. 

22 SEC. 6943. SUBORNATION OF PERJURY. 

23 Subchapter X of chapter 47 of title 10, United States 

24 Code, is amended by inserting after section 931 (article 131 


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1 of the Uniform Code of Military Justice), the following new 

2 section (article): 

3 ‘‘§ 931a. Art. 131a. Subornation of perjury 

4 ‘‘(a) IN GENERAL.—Any person subject to this chapter 

5 who induces and procures another person— 

6 ‘‘(1) to take an oath; and 

7 ‘‘(2) to falsely testify, depose, or state upon such 

8 oath; 

9 shall, if the conditions specified in subsection (b) are satis10 fied, be punished as a court-martial may direct. 

11 ‘‘(b) CONDITIONS.—The conditions referred to in sub12 section (a) are the following: 

13 ‘‘(1) The oath is administered with respect to a 

14 matter for which such oath is required or authorized 

15 by law. 

16 ‘‘(2) The oath is administered by a person hav17 ing authority to do so. 

18 ‘‘(3) Upon the oath, the other person willfully 

19 makes or subscribes a statement. 

20 ‘‘(4) The statement is material. 

21 ‘‘(5) The statement is false. 

22 ‘‘(6) When the statement is made or subscribed, 

23 the person subject to this chapter and the other person 

24 do not believe that the statement is true.’’. 


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1 SEC. 6944. OBSTRUCTING JUSTICE. 

2 Subchapter X of chapter 47 of title 10, United States 

3 Code, is amended by inserting after section 931a (article 

4 131a of the Uniform Code of Military Justice), as added 

5 by section 6943, the following new section (article): 

6 ‘‘§ 931b. Art. 131b. Obstructing justice 

7 ‘‘Any person subject to this chapter who engages in 

8 conduct in the case of a certain person against whom the 

9 accused had reason to believe there were or would be crimi10 nal or disciplinary proceedings pending, with intent to in11 fluence, impede, or otherwise obstruct the due administra12 tion of justice shall be punished as a court-martial may 

13 direct.’’. 

14 SEC. 6945. MISPRISION OF SERIOUS OFFENSE. 

15 Subchapter X of chapter 47 of title 10, United States 

16 Code, is amended by inserting after section 931b (article 

17 131b of the Uniform Code of Military Justice), as added 

18 by section 6944, the following new section (article): 

19 ‘‘§ 931c. Art. 131c. Misprision of serious offense 

20 ‘‘Any person subject to this chapter— 

21 ‘‘(1) who knows that another person has com22 mitted a serious offense; and 

23 ‘‘(2) wrongfully conceals the commission of the 

24 offense and fails to make the commission of the offense 

25 known to civilian or military authorities as soon as 

26 possible; 


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1 shall be punished as a court-martial may direct.’’. 

2 SEC. 6946. WRONGFUL REFUSAL TO TESTIFY. 

3 Subchapter X of chapter 47 of title 10, United States 

4 Code, is amended by inserting after section 931c (article 

5 131c of the Uniform Code of Military Justice), as added 

6 by section 6945, the following new section (article): 

7 ‘‘§ 931d. Art. 131d. Wrongful refusal to testify 

8 ‘‘Any person subject to this chapter who, in the pres9 ence of a court-martial, a board of officers, a military com10 mission, a court of inquiry, preliminary hearing, or an offi11 cer taking a deposition, of or for the United States, wrong12 fully refuses to qualify as a witness or to answer a question 

13 after having been directed to do so by the person presiding 

14 shall be punished as a court-martial may direct.’’. 

15 SEC. 6947. PREVENTION OF AUTHORIZED SEIZURE OF 

16 PROPERTY. 

17 Subchapter X of chapter 47 of title 10, United States 

18 Code, is amended by inserting after section 931d (article 

19 131d of the Uniform Code of Military Justice), as added 

20 by section 6946, the following new section (article): 

21 ‘‘§ 931e. Art. 131e. Prevention of authorized seizure of 

22 property 

23 ‘‘Any person subject to this chapter who, knowing that 

24 one or more persons authorized to make searches and sei25 zures are seizing, are about to seize, or are endeavoring to 


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1 seize property, destroys, removes, or otherwise disposes of 

2 the property with intent to prevent the seizure thereof shall 

3 be punished as a court-martial may direct.’’. 

4 SEC. 6948. WRONGFUL INTERFERENCE WITH ADVERSE AD5 MINISTRATIVE PROCEEDING. 

6 Subchapter X of chapter 47 of title 10, United States 

7 Code, is amended by inserting after section 931f (article 

8 131f of the Uniform Code of Military Justice), as trans9 ferred and redesignated by section 6901(3), the following 

10 new section (article): 

11 ‘‘§ 931g. Art. 131g. Wrongful interference with adverse 

12 administrative proceeding 

13 ‘‘Any person subject to this chapter who, having reason 

14 to believe that an adverse administrative proceeding is 

15 pending against any person subject to this chapter, wrong16 fully acts with the intent— 

17 ‘‘(1) to influence, impede, or obstruct the conduct 

18 of the proceeding; or 

19 ‘‘(2) otherwise to obstruct the due administration 

20 of justice; 

21 shall be punished as a court-martial may direct.’’. 

22 SEC. 6949. RETALIATION. 

23 Subchapter X of chapter 47 of title 10, United States 

24 Code, is amended by inserting after section 931g (article 


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1 131g of the Uniform Code of Military Justice), as added 

2 by section 6948, the following new section (article): 

3 ‘‘§ 932. Art. 132. Retaliation 

4 ‘‘Any person subject to this chapter who, with the in5 tent to retaliate against any person for reporting or plan6 ning to report a criminal offense, or with the intent to dis7 courage any person from reporting a criminal offense— 

8 ‘‘(1) wrongfully takes or threatens to take an ad9 verse personnel action against any person; or 

10 ‘‘(2) wrongfully withholds or threatens to with11 hold a favorable personnel action with respect to any 

12 person; 

13 shall be punished as a court-martial may direct.’’. 

14 SEC. 6950. EXTRATERRITORIAL APPLICATION OF CERTAIN 

15 OFFENSES. 

16 Section 934 of title 10, United States Code (article 134 

17 of the Uniform Code of Military Justice), is amended by 

18 adding at the end the following new sentence: ‘‘As used in 

19 the preceding sentence, the term ‘crimes and offenses not 

20 capital’ includes any conduct engaged in outside the United 

21 States, as defined in section 5 of title 18, that would con22 stitute a crime or offense not capital if the conduct had 

23 been engaged in within the special maritime and territorial 

24 jurisdiction of the United States, as defined in section 7 

25 of title 18.’’. 


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1 SEC. 6951. TABLE OF SECTIONS. 

2 The table of sections at the beginning of subchapter X 

3 of chapter 47 of title 10, United States Code, is amended 

4 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. 


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‘‘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.’’. 


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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 sentences 

11 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 Department 

16 of Defense, or (C) with respect to the Coast Guard, 

17 employed by the department in which the Coast 

18 Guard is operating when it is not operating as a 

19 service in the Navy, and’’. 

20 SEC. 7002. TECHNICAL AMENDMENT TO ARTICLE 136. 

21 Section 936 of title 10, United States Code (article 136 

22 of the Uniform Code of Military Justice), is amended by 

23 striking the last five words in the section heading. 


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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 137 

5 of the Uniform Code of Military Justice), is amended— 

6 (1) in subsection (a), by striking ‘‘(a)(1) The sec7 tions of this title (articles of the Uniform Code of 

8 Military Justice)’’ and inserting ‘‘(a) ENLISTED

9 MEMBERS.—(1) The sections (articles) of this chapter 

10 (the Uniform Code of Military Justice)’’; 

11 (2) by striking subsection (b); and 

12 (3) by inserting after subsection (a) the following 

13 new subsections: 

14 ‘‘(b) OFFICERS.—(1) The sections (articles) of this 

15 chapter (the Uniform Code of Military Justice) specified in 

16 paragraph (2) shall be carefully explained to each officer 

17 at the time of (or within six months after)— 

18 ‘‘(A) the initial entrance of the officer on active 

19 duty as an officer; or 

20 ‘‘(B) the initial commissioning of the officer in 

21 a reserve component. 

22 ‘‘(2) This subsection applies with respect to the sections 

23 (articles) specified in subsection (a)(3) and such other sec24 tions (articles) as the Secretary concerned may prescribe 

25 by regulation. 


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1 ‘‘(c) TRAINING FOR CERTAIN OFFICERS.—Under regu2 lations prescribed by the Secretary concerned, officers with 

3 the authority to convene courts-martial or to impose non4 judicial punishment shall receive periodic training regard5 ing the purposes and administration of this chapter. Under 

6 regulations prescribed by the Secretary of Defense, officers 

7 assigned to duty in a combatant command, who have such 

8 authority, shall receive additional specialized training re9 garding the purposes and administration of this chapter. 

10 ‘‘(d) AVAILABILITY AND MAINTENANCE OF TEXT.—The 

11 text of this chapter (the Uniform Code of Military Justice) 

12 and the text of the regulations prescribed by the President 

13 under this chapter shall be— 

14 ‘‘(1) made available to a member on active duty 

15 or to a member of a reserve component, upon request 

16 by the member, for the member’s personal examina17 tion; and 

18 ‘‘(2) maintained by the Secretary of Defense in 

19 electronic formats that are updated periodically and 

20 made available on the Internet.’’. 

21 SEC. 7004. MILITARY JUSTICE CASE MANAGEMENT; DATA 

22 COLLECTION AND ACCESSIBILITY. 

23 (a) IN GENERAL.—Subchapter XI of chapter 47 of title 

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1 tice), is amended by adding at the end the following new 

2 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, includ8 ing pretrial, trial, post-trial, and appellate processes, using, 

9 insofar as practicable, the best practices of Federal and 

10 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 information, 

22 filings, and records, taking into consideration restric23 tions appropriate to judicial proceedings and mili24 tary records.’’. 


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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 TITLE LXXI—MILITARY JUSTICE 

12 REVIEW PANEL AND ANNUAL 

13 REPORTS 

14 SEC. 7101. MILITARY JUSTICE REVIEW PANEL. 

15 Section 946 of title 10, United States Code (article 146 

16 of the Uniform Code of Military Justice), is amended to 

17 read as follows: 

18 ‘‘§ 946. Art. 146. Military Justice Review Panel 

19 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 

20 establish a panel to conduct independent periodic reviews 

21 and assessments of the operation of this chapter. The panel 

22 shall be known as the ‘Military Justice Review Panel’, in 

23 this section referred to as the ‘Panel’. 

24 ‘‘(b) MEMBERS.—(1) The Panel shall be composed of 

25 thirteen members. 


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1 ‘‘(2) Each of the following shall select one member of 

2 the Panel: 

3 ‘‘(A) The Secretary of Defense (in consultation 

4 with the Secretary of the department in which the 

5 Coast Guard is operating when it is not operating as 

6 a service in the Navy). 

7 ‘‘(B) The Attorney General. 

8 ‘‘(C) The Judge Advocates General of the Army, 

9 Navy, Air Force, and Coast Guard, and the Staff 

10 Judge Advocate to the Commandant of the Marine 

11 Corps. 

12 ‘‘(3) The Secretary of Defense shall select the remain13 ing members of the Panel, taking into consideration rec14 ommendations made by each of the following: 

15 ‘‘(A) The chairman and ranking minority mem16 ber of the Committee on Armed Services of the Senate 

17 and the Committee on Armed Services of the House 

18 of Representatives. 

19 ‘‘(B) The Chief Justice of the United States. 

20 ‘‘(C) The Chief Judge of the United States Court 

21 of Appeals for the Armed Forces. 

22 ‘‘(c) QUALIFICATIONS OF MEMBERS.—The members of 

23 the Panel shall be appointed from among private United 

24 States citizens with expertise in criminal law, as well as 

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1 ecution, defense, victim representation, or adjudication with 

2 respect to courts-martial, Federal civilian courts, or State 

3 courts. 

4 ‘‘(d) CHAIR.—The Secretary of Defense shall select the 

5 chair of the Panel from among the members. 

6 ‘‘(e) TERM; VACANCIES.—Each member shall be ap7 pointed for a term of eight years, and no member may serve 

8 more than one term. Any vacancy shall be filled in the same 

9 manner as the original appointment. 

10 ‘‘(f) REVIEWS AND REPORTS.— 

11 ‘‘(1) INITIAL REVIEW OF RECENT AMENDMENTS

12 TO UCMJ.—During fiscal year 2020, the Panel shall 

13 conduct an initial review and assessment of the im14 plementation of the amendments made to this chapter 

15 during the preceding five years. In conducting the 

16 initial review and assessment, the Panel may review 

17 such other aspects of the operation of this chapter as 

18 the Panel considers appropriate. 

19 ‘‘(2) PERIODIC COMPREHENSIVE REVIEWS.— 

20 During fiscal year 2024 and every eight years there21 after, the Panel shall conduct a comprehensive review 

22 and assessment of the operation of this chapter. 

23 ‘‘(3) PERIODIC INTERIM REVIEWS.—During fis24 cal year 2028 and every eight years thereafter, the 

25 Panel shall conduct an interim review and assessment 


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1 of such other aspects of the operation of this chapter 

2 as the Panel considers appropriate. In addition, at 

3 the request of the Secretary of Defense, the Panel may, 

4 at any time, review and assess other specific matters 

5 relating to the operation of this chapter. 

6 ‘‘(4) REPORTS.—Not later than December 31 of 

7 each year during which the Panel conducts a review 

8 and assessment under this subsection, the Panel shall 

9 submit a report on the results, including the Panel’s 

10 findings and recommendations, through the Secretary 

11 of Defense to the Committees on Armed Services of the 

12 Senate and the House of Representatives. 

13 ‘‘(g) HEARINGS.—The Panel may hold such hearings, 

14 sit and act at such times and places, take such testimony, 

15 and receive such evidence as the Panel considers appro16 priate to carry out its duties under this section. 

17 ‘‘(h) INFORMATION FROM FEDERAL AGENCIES.—Upon 

18 request of the chair of the Panel, a department or agency 

19 of the Federal Government shall provide information that 

20 the Panel considers necessary to carry out its duties under 

21 this section. 

22 ‘‘(i) ADMINISTRATIVE MATTERS.— 

23 ‘‘(1) MEMBERS TO SERVE WITHOUT PAY.—Mem24 bers of the Panel shall serve without pay, but shall be 

25 allowed travel expenses, including per diem in lieu of 


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1 subsistence, at rates authorized for employees of agen2 cies under subchapter I of chapter 57 of title 5, while 

3 away from their homes or regular places of business 

4 in the performance of services for the Panel. 

5 ‘‘(2) STAFFING AND RESOURCES.—The Secretary 

6 of Defense shall provide staffing and resources to sup7 port the Panel. 

8 ‘‘(j) NO TERMINATION.—The authority of the Panel 

9 under this section does not terminate.’’. 

10 SEC. 7102. ANNUAL REPORTS. 

11 Subchapter XII of chapter 47 of title 10, United States 

12 Code (the Uniform Code of Military Justice), is amended 

13 by adding at the end the following new section (article): 

14 ‘‘§ 946a. Art. 146a. Annual reports 

15 ‘‘(a) COURT OF APPEALS FOR THE ARMED FORCES.— 

16 Not later than December 31 of each year, the Court of Ap17 peals for the Armed Forces shall submit a report that, with 

18 respect to the previous fiscal year, provides information on 

19 the number and status of pending cases and such other mat20 ters as the Court considers appropriate regarding the oper21 ation of this chapter. 

22 ‘‘(b) SERVICE REPORTS.—Not later than December 31 

23 of each year, the Judge Advocates General and the Staff 

24 Judge Advocate to the Commandant of the Marine Corps 


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1 shall each submit a report, with respect to the preceding 

2 fiscal year, containing the following: 

3 ‘‘(1) Data on the number and status of pending 

4 cases. 

5 ‘‘(2) Information on the appellate review process, 

6 including— 

7 ‘‘(A) information on compliance with proc8 essing time goals; 

9 ‘‘(B) descriptions of the circumstances sur10 rounding cases in which general or special court11 martial convictions were (i) reversed because of 

12 command influence or denial of the right to 

13 speedy review or (ii) otherwise remitted because 

14 of loss of records of trial or other administrative 

15 deficiencies; and 

16 ‘‘(C) an analysis of each case in which a 

17 provision of this chapter was held unconstitu18 tional. 

19 ‘‘(3)(A) An explanation of measures implemented 

20 by the armed force involved to ensure the ability of 

21 judge advocates— 

22 ‘‘(i) to participate competently as trial 

23 counsel and defense counsel in cases under 

24 this chapter; 


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1 ‘‘(ii) to preside as military judges in 

2 cases under this chapter; and 

3 ‘‘(iii) to perform the duties of Special 

4 Victims’ Counsel, when so designated under 

5 section 1044e of this title. 

6 ‘‘(B) The explanation under subparagraph 

7 (A) shall specifically identify the measures that 

8 focus on capital cases, national security cases, 

9 sexual assault cases, and proceedings of military 

10 commissions. 

11 ‘‘(4) The independent views of each Judge Advo12 cate General and of the Staff Judge Advocate to the 

13 Commandant of the Marine Corps as to the suffi14 ciency of resources available within the respective 

15 armed forces, including total workforce, funding, 

16 training, and officer and enlisted grade structure, to 

17 capably perform military justice functions. 

18 ‘‘(5) Such other matters regarding the operation 

19 of this chapter as may be appropriate. 

20 ‘‘(c) SUBMISSION.—Each report under this section 

21 shall be submitted— 

22 ‘‘(1) to the Committee on Armed Services of the 

23 Senate and the Committee on Armed Services of the 

24 House of Representatives; and 


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1 ‘‘(2) to the Secretary of Defense, the Secretaries 

2 of the military departments, and the Secretary of the 

3 department in which the Coast Guard is operating 

4 when it is not operating as a service in the Navy.’’. 

5 TITLE LXXII—CONFORMING 

6 AMENDMENTS AND EFFEC7 TIVE DATES 

8 SEC. 7201. AMENDMENTS TO UCMJ SUBCHAPTER TABLES 

9 OF SECTIONS. 

10 The tables of sections for the specified subchapters of 

11 chapter 47 of title 10, United States Code (the Uniform 

12 Code of Military Justice), are amended as follows: 

13 (1) The table of sections at the beginning of sub14 chapter II is amended by striking the item relating 

15 to section 810 and inserting the following new item: 

‘‘810. 10. Restraint of persons charged.’’. 

16 (2) The table of sections at the beginning of sub17 chapter II, as amended by paragraph (1), is amended 

18 by striking the item relating to section 812 and in19 serting the following new item: 

‘‘812. 12. Prohibition of confinement of armed forces members with enemy prisoners and certain others.’’. 

20 (3) The table of sections at the beginning of sub21 chapter V is amended by striking the item relating to 

22 section 825a and inserting the following new item: 

‘‘825. 25a. Number of court-martial members in capital cases.’’. 


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1 (4) The table of sections at the beginning of sub2 chapter V, as amended by paragraph (3), is amended 

3 by inserting after the item relating to section 826 the 

4 following new item: 

‘‘826a. 26a. Military magistrates.’’. 

5 (5) The table of sections at the beginning of sub6 chapter V, as amended by paragraphs (3) and (4), is 

7 amended by striking the item relating to section 829 

8 and inserting the following new item: 

‘‘829. 29. Assembly and impaneling of members; detail of new members and military judges.’’. 

9 (6) The table of sections at the beginning of sub10 chapter VI is amended by inserting after the item re11 lating to section 830 the following new item: 

‘‘830. 30a. Proceedings conducted before referral.’’. 

12 (7) The table of sections at the beginning of sub13 chapter VI, as amended by paragraph (6), is amended 

14 by striking the item relating to section 832 and in15 serting the following new item: 

‘‘832. 32. Preliminary hearing required before referral to general court-martial.’’. 

16 (8) The table of sections at the beginning of sub17 chapter VI, as amended by paragraphs (6) and (7), 

18 is amended by striking the item relating to section 

19 833 and inserting the following new item: 

‘‘833. 33. Disposition guidance.’’. 

20 (9) The table of sections at the beginning of sub21 chapter VI, as amended by paragraphs (6), (7), and 


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1 (8), is amended by striking the item relating to sec2 tion 834 and inserting the following new item: 

‘‘834. 34. Advice to convening authority before referral for trial.’’. 

3 (10) The table of sections at the beginning of sub4 chapter VI, as amended by paragraphs (6), (7), (8), 

5 and (9), is amended by striking the item relating to 

6 section 835 and inserting the following new item: 

‘‘835. 35. Service of charges; commencement of trial.’’. 

7 (11) The table of sections at the beginning of sub8 chapter VII is amended by striking the item relating 

9 to section 847 and inserting the following new item: 

‘‘8470. 47. Refusal of person not subject to chapter to appear, testify, or produce 

evidence.’’. 

10 (12) The table of sections at the beginning of sub11 chapter VII, as amended by paragraph (11), is 

12 amended by striking the item relating to section 848 

13 and inserting the following new item: 

‘‘848. 48. Contempt.’’. 

14 (13) The table of sections at the beginning of sub15 chapter VII, as amended by paragraphs (11) and 

16 (12), is amended by striking the item relating to sec17 tion 850 and inserting the following new item: 

‘‘850. 50. Admissibility of sworn testimony from records of courts of inquiry.’’. 

18 (14) The table of sections at the beginning of sub19 chapter VII, as amended by paragraphs (11), (12), 


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1 and (13), is amended by striking the item relating to 

2 section 852 and inserting the following new item: 

‘‘852. 52. Votes required for conviction, sentencing, and other matters.’’. 

3 (15) The table of sections at the beginning of sub4 chapter VII, as amended by paragraphs (11), (12), 

5 (13), and (14), is amended by striking the item relat6 ing to section 853 and inserting the following new 

7 item: 

‘‘853. 53. Findings and sentencing.’’. 

8 (16) The table of sections at the beginning of sub9 chapter VIII is amended by striking the item relating 

10 to section 856 and inserting the following new item: 

‘‘856. 56. Sentencing.’’. 

11 (17) The table of sections at the beginning of sub12 chapter VIII, as amended by paragraph (16), is 

13 amended by striking the items relating to section 

14 856a and 857a. 

15 (18) The table of sections at the beginning of sub16 chapter IX is amended by striking the item relating 

17 to section 860 and inserting the following new item: 

‘‘860. 60. Post-trial processing in general and special courts-martial.’’. 

18 (19) The table of sections at the beginning of sub19 chapter IX is amended by inserting after the item re20 lating to section 860, as amended by paragraph (18), 

21 the following new items: 

‘‘860a. 60a. Limited authority to act on sentence in specified post-trial circumstances. 


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‘‘860b. 60b. Post-trial actions in summary courts-martial and certain general and 

special courts-martial. 

‘‘860c. 60c. Entry of judgment.’’. 

1 (20) The table of sections at the beginning of sub2 chapter IX, as amended by paragraphs (18) and (19), 

3 is amended by striking the item relating to section 

4 861 and inserting the following new item: 

‘‘861. 61. Waiver of right to appeal; withdrawal of appeal.’’. 

5 (21) The table of sections at the beginning of sub6 chapter IX, as amended by paragraphs (18), (19), 

7 and (20), is amended by striking the item relating to 

8 section 864 and inserting the following new item: 

‘‘864. 64. Judge advocate review of finding of guilty in summary court-martial.’’. 

9 (22) The table of sections at the beginning of sub10 chapter IX, as amended by paragraphs (18), (19), 

11 (20), and (21), is amended by striking the item relat12 ing to section 865 and inserting the following new 

13 item: 

‘‘865. 65. Transmittal and review of records.’’. 

14 (23) The table of sections at the beginning of sub15 chapter IX, as amended by paragraphs (18), (19), 

16 (20), (21), and (22), is amended by striking the item 

17 relating to section 866 and inserting the following 

18 new item: 

‘‘866. 66. Courts of Criminal Appeals.’’. 

19 (24) The table of sections at the beginning of sub20 chapter IX, as amended by paragraphs (18), (19), 


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1 (20), and (21), (22), and (23), is amended by striking 

2 the item relating to section 869 and inserting the fol3 lowing new item: 

‘‘869. 69. Review by Judge Advocate General.’’. 

4 (25) The table of sections at the beginning of sub5 chapter IX, as amended by paragraphs (18), (19), 

6 (20), (21), (22), (23), and (24), is amended by strik7 ing the item relating to section 871 and inserting the 

8 following new item: 

‘‘871. 71. [Repealed.]’’. 

9 (26) The table of sections at the beginning of sub10 chapter XI is amended by striking the item relating 

11 to section 936 and inserting the following new item: 

‘‘936. 136. Authority to administer oaths.’’. 

12 (27) The table of sections at the beginning of sub13 chapter XI, as amended by paragraph (26), is amend14 ed by inserting after the item relating to section 940 

15 the following new item: 

‘‘940a. 140a. Case management; data collection and accessibility.’’. 

16 (28) The table of sections at the beginning of sub17 chapter XII is amended by striking the item relating 

18 to section 946 and inserting the following new items: 

‘‘946. 146. Military Justice Review Panel. 

‘‘946a. 146a. Annual reports.’’. 

19 SEC. 7202. EFFECTIVE DATES. 

20 (a) Except as otherwise provided in this division, the 

21 amendments made by this division shall take effect on the 


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1 first day of the first calendar month that begins two years 

2 after the date of the enactment of this Act. 

3 (b) The amendments made by this division shall not 

4 apply to any case in which charges are referred to trial 

5 by court-martial before the effective date of such amend6 ments. Proceedings in any such case shall be held in the 

7 same manner and with the same effect as if such amend8 ments had not been enacted. 

9 (c)(1)(A) The amendments made by title LX shall not 

10 apply to any offense committed before the effective date of 

11 such amendments. 

12 (B) Nothing in subparagraph (A) shall be construed 

13 to invalidate the prosecution of any offense committed be14 fore the effective date of such amendments. 

15 (2) The regulations prescribing the authorized punish16 ments for any offense committed before the effective date of 

17 the amendments made by title LVIII shall apply the author18 ized punishments for the offense, as in effect at the time 

19 the offense is committed. 

Amend the title so as to read: ‘‘A bill 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.’’. 


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Union Calendar No. 413 

114TH CONGRESS 

2D SESSION H. R. 4909 

[Report No. 114–537] 

A BILL 

To authorize appropriations for fiscal year 2017 for 

for other purposes. tary personnel strengths for such fiscal year, and and for military construction, to prescribe milimilitary activities of the Department of Defense 

MAY 4, 2016 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 19:21 May 04, 2016 Jkt 059200 PO 00000 Frm 01272 Fmt 6651 Sfmt 6651 E:\BILLS\H4909.RH H4909

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