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TITLE 
XXX—UTAH 
TEST 
AND 
TRAINING RANGE ENCROACH-
MENT PREVENTION AND TEM-
PORARY CLOSURE AUTHORI-
TIES 
SEC. 3001. FINDINGS AND DEFINITIONS. 
(a) FINDINGS.—Congress finds that— 
(1) the testing and development of military 
weapons systems and the training of military forces 
are critical to ensuring the national security of the 
United States; 
(2) the Utah Test and Training Range is a 
unique and irreplaceable national asset at the core 
of the test and training mission of the Department 
of Defense; 
(3) continued access to the special use airspace 
and land that comprise the Utah Test and Training 
Range, under the terms and conditions described in 
this title is a national security priority; 
(4) multiple use of, sustained yield activities on, 
and access to the BLM land are vital to the cus-
toms, culture, economy, ranching, grazing, and 
transportation interests of the counties in which the 
BLM land is situated; and 
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(5) the limited use by the military of the BLM 
land and airspace above the BLM land is vital to 
improving and maintaining the readiness of the 
Armed Forces. 
(b) DEFINITIONS.—In this title: 
(1) BLM 
LAND.—The term ‘‘BLM land’’ 
means the Bureau of Land Management land in the 
State comprising approximately 625,643 acres, as 
generally depicted on the map entitled ‘‘Utah Test 
and Training Range Enhancement/West Desert 
Land Exchange’’ and dated February 12, 2016. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of Utah. 
(4) UTAH TEST AND TRAINING RANGE.— 
(A) IN GENERAL.—The term ‘‘Utah Test 
and Training Range’’ means the portions of the 
military land and airspace operating area of the 
Utah Test and Training Area that are located 
in the State. 
(B) INCLUSION.—The term ‘‘Utah Test 
and Training Range’’ includes the Dugway 
Proving Ground. 
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Subtitle A—Utah Test and Training 
Range 
SEC. 3011. MANAGEMENT OF BLM LAND. 
(a) MEMORANDUM OF AGREEMENT.— 
(1) DRAFT.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary and the Secretary of the Air Force shall 
complete a draft of the memorandum of agree-
ment required under paragraph (2). 
(B) PUBLIC
COMMENT
PERIOD.—During 
the 30-day period beginning on the date on 
which the draft memorandum of agreement is 
completed under subparagraph (A), there shall 
be an opportunity for public comment on the 
draft memorandum of agreement, including an 
opportunity for the Utah Test and Training 
Range Community Resource Group established 
under section 3013(a) to provide comments on 
the draft memorandum of agreement. 
(2) REQUIREMENT; DEADLINE.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary and the Secretary of the Air 
Force shall enter into a memorandum of agree-
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ment that provides for the continued manage-
ment of the BLM land by the Secretary, in a 
manner that provides for the limited use of the 
BLM land by the Secretary of the Air Force, 
consistent with this title. 
(B) SIGNATURES REQUIRED.—The terms 
of the memorandum of agreement, including a 
temporary closure of the BLM land under the 
memorandum of agreement, may not be carried 
out until the date on which all parties to the 
memorandum of agreement have signed the 
memorandum of agreement. 
(3) MANAGEMENT BY SECRETARY.—The memo-
randum of agreement under paragraph (2) shall pro-
vide that the Secretary (acting through the Director 
of the Bureau of Land Management) shall continue 
to manage the BLM land— 
(A) 
as 
land 
described 
in 
section 
6901(1)(B) of title 31, United States Code; 
(B) for multiple use and sustained yield 
goals and activities as required under sections 
102(a)(7) and 202(c)(1) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701(a)(7), 1712(c)(1)) and defined in section 
103 of that Act (43 U.S.C. 1702), including all 
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principal or major uses on Federal land recog-
nized pursuant to the definition of the term in 
section 103 of that Act (43 U.S.C. 1702); 
(C) in accordance with section 202 of the 
Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712); and 
(D) subject to use by the Secretary of the 
Air Force provided under section 3012 for— 
(i) the preservation of the Utah Test 
and Training Range against current and 
future encroachments that the Secretary of 
the Air Force finds to be incompatible with 
current and future test and training re-
quirements; 
(ii) the testing of— 
(I) advanced weapon systems, in-
cluding current weapons systems, 5th 
generation weapon systems, and fu-
ture weapon systems; and 
(II) the standoff distance for 
weapons; 
(iii) the testing and evaluation of 
hypersonic weapons; 
(iv) increased public safety for civil-
ians accessing the BLM land; and 
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(v) other purposes relating to meeting 
national security needs. 
(b) MAP.—The Secretary may correct any minor er-
rors in the map. 
(c) LAND USE PLANS.—Any land use plan in exist-
ence on the date of enactment of this Act that applies to 
the BLM land shall continue to apply to the BLM land. 
(d) MAINTAIN CURRENT USES.— 
(1) IN GENERAL.—Notwithstanding subsection 
(a)(3)(D), the memorandum of agreement entered 
into under subsection (a) and the land use plans de-
scribed in subsection (c) shall not diminish any 
major or principle use that is recognized pursuant to 
section 103(l) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702(l)), except to 
the extent authorized in subsection (a). 
(2) ACTIONS
BY
SECRETARY
OF
THE
AIR 
FORCE.—The Secretary of the Air Force shall— 
(A) if corrective action is necessary due to 
an action of the Air Force, as determined by 
the Secretary of the Air Force, render the BLM 
land safe for public use; and 
(B) appropriately communicate the safety 
of the land to the Secretary once the BLM land 
is rendered safe for public use. 
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(e) GRAZING.— 
(1) NEW GRAZING LEASES AND PERMITS.— 
(A) IN
GENERAL.—The Secretary shall 
issue and administer any new grazing lease or 
permit on the BLM land, in accordance with 
applicable law (including regulations) and other 
authorities applicable to livestock grazing on 
Bureau of Land Management land. 
(B) NON-FEDERAL
LAND
LEVELS.—The 
Secretary (acting through the Director of the 
Bureau of Land Management) shall continue to 
issue and administer livestock grazing leases 
and permits on the non-Federal land described 
in section 3022(3), subject to the requirements 
described in subparagraphs (A) through (C) of 
paragraph (2). 
(2) EXISTING
GRAZING
LEASES
AND
PER-
MITS.—Any livestock grazing lease or permit appli-
cable to the BLM land that is in existence on the 
date of enactment of this Act shall continue in ef-
fect— 
(A) at the number of permitted animal 
unit months authorized under current applica-
ble land use plans; 
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(B) if range conditions permit, at levels 
greater than the level of active use; and 
(C) subject to such reasonable increases 
and decreases of active use of animal unit 
months and other reasonable regulations, poli-
cies, and practices as the Secretary may con-
sider appropriate based on rangeland condi-
tions. 
(f) MEMORANDUM OF UNDERSTANDING ON EMER-
GENCY ACCESS AND RESPONSE.—Nothing in this section 
precludes the continuation of the memorandum of under-
standing that is between the Department of the Interior 
and the Department of the Air Force with respect to emer-
gency access and response, as in existence as of the date 
of enactment of this Act. 
(g) WITHDRAWAL.—Subject to valid existing rights, 
the BLM land is withdrawn from all forms of appropria-
tion under the public land laws, including the mining laws, 
the mineral leasing laws, and the geothermal leasing laws. 
(h) LIMITATION
ON FUTURE RIGHTS-OF-WAY
OR 
USE PERMITS.—The Secretary may not issue any new use 
permits or rights-of-way on the BLM land for any pur-
poses that the Secretary of the Air Force determines to 
be incompatible with current or projected military require-
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ments, with consideration given to the rangeland improve-
ments under section 3015(h). 
(i) GRAZING AND RANCHING.—Efforts described in 
this title to facilitate grazing and ranching on the BLM 
land and the non-Federal land described in section 
3022(3) shall be considered to be compatible with mission 
requirements of the Utah Test and Training Range. 
SEC. 3012. TEMPORARY CLOSURES. 
(a) IN GENERAL.—If the Secretary of the Air Force 
determines that military operations (including operations 
relating to the fulfillment of the mission of the Utah Test 
and Training Range), public safety, or national security 
require the temporary closure to public use of any road, 
trail, or other portion of the BLM land, the Secretary of 
the Air Force may take such action as the Secretary of 
the Air Force determines necessary to carry out the tem-
porary closure. 
(b) LIMITATIONS.—Any temporary closure under 
subsection (a)— 
(1) shall be limited to the minimum areas and 
periods during which the Secretary of the Air Force 
determines are required to carry out a closure under 
this section; 
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(2) shall not occur on a State or Federal holi-
day, unless notice is provided in accordance with 
subsection (c)(1)(B); 
(3) shall not occur on a Friday, Saturday, or 
Sunday, unless notice is provided in accordance with 
subsection (c)(1)(B); and 
(4)(A) if practicable, shall be for not longer 
than a 3-hour period per day; 
(B) shall only be for longer than a 3-hour pe-
riod per day— 
(i) for mission essential reasons; and 
(ii) as infrequently as practicable and in no 
case for more than 10 days per year; and 
(C) shall in no case be for longer than a 6-hour 
period per day. 
(c) NOTICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Air Force shall— 
(A) keep appropriate warning notices post-
ed before and during any temporary closure; 
and 
(B) provide notice to the Secretary, public, 
and relevant stakeholders concerning the tem-
porary closure— 
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(i) at least 30 days before the date on 
which the temporary closure goes into ef-
fect; 
(ii) in the case of a closure during the 
period beginning on March 1 and ending 
on May 31, at least 60 days before the 
date on which the closure goes into effect; 
or 
(iii) in the case of a closure described 
in paragraph (3) or (4) of subsection (b), 
at least 90 days before the date on which 
the closure goes into effect. 
(2) SPECIAL NOTIFICATION PROCEDURES.—In 
each case for which a mission-unique security re-
quirement does not allow for the notifications de-
scribed in paragraph (1)(B), the Secretary of the Air 
Force shall work with the Secretary to achieve a mu-
tually agreeable timeline for notification. 
(d) MAXIMUM ANNUAL CLOSURES.—The total cumu-
lative hours of temporary closures authorized under this 
section with respect to the BLM land shall not exceed 100 
hours annually. 
(e) PROHIBITION
ON CERTAIN TEMPORARY CLO-
SURES.—The northernmost area identified as ‘‘Newfound-
land’s’’ on the map shall not be subject to any temporary 
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closure between August 21 and February 28, in accord-
ance with the lawful hunting methods and seasons of the 
State of Utah. 
(f) EMERGENCY GROUND RESPONSE.—A temporary 
closure of a portion of the BLM land shall not affect the 
conduct of emergency response activities on the BLM land 
during the temporary closure. 
(g) LAW ENFORCEMENT AND SECURITY.—The Sec-
retary and the Secretary of the Air Force may enter into 
cooperative agreements with State and local law enforce-
ment officials with respect to lawful procedures and proto-
cols to be used in promoting public safety and operation 
security on or near the BLM land during noticed test and 
training periods. 
(h) LIVESTOCK.—Livestock shall be allowed to re-
main on the BLM land during a temporary closure of the 
BLM land under this section. 
SEC. 3013. COMMUNITY RESOURCE GROUP. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, there shall be estab-
lished the Utah Test and Training Range Community Re-
source Group (referred to in this section as the ‘‘Commu-
nity Group’’) to provide regular and continuing input to 
the Secretary and the Secretary of the Air Force on mat-
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ters involving public access to, use of, and overall manage-
ment of the BLM land. 
(b) MEMBERSHIP.— 
(1) 
IN
GENERAL.—The 
Secretary 
(acting 
through the State Bureau of Land Management Of-
fice) shall appoint members to the Community 
Group, including— 
(A) operational and land management per-
sonnel of the Air Force; 
(B) 1 Indian representative, to be nomi-
nated by a majority vote conducted among the 
Indian tribes in the vicinity of the BLM land; 
(C) not more than 2 county commissioners 
from each of Box Elder, Tooele, and Juab 
Counties, Utah; 
(D) 2 representatives of off-road and high-
way use, hunting, and other recreational 
groups; 
(E) 2 representatives of livestock grazers 
on any public land located within the BLM 
land; 
(F) 1 representative of the Utah Depart-
ment of Agriculture and Food; and 
(G) not more than 3 representatives of 
State or Federal offices or agencies, or private 
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groups, if the Secretary determines that such 
representatives would further the goals and ob-
jectives of the Community Group. 
(2) CHAIRPERSON.—The members described in 
paragraph (1) shall elect from among the members 
of the Community Group— 
(A) 1 member to serve as Chairperson of 
the Community Group; and 
(B) 1 member to serve as Vice-Chairperson 
of the Community Group. 
(c) CONDITIONS AND TERMS OF APPOINTMENT.— 
(1) IN GENERAL.—Each member of the Com-
munity Group shall serve voluntarily and without re-
muneration. 
(2) TERM OF APPOINTMENT.— 
(A) IN GENERAL.—Each member of the 
Community Group shall be appointed for a 
term of 4 years. 
(B) 
ORIGINAL
MEMBERS.—Notwith-
standing subparagraph (A), the Chairperson 
shall select 1⁄2 of the original members of the 
Community Group to serve for a term of 4 
years and the 1⁄2 to serve for a term of 2 years 
to ensure the replacement of members shall be 
staggered from year to year. 
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(C) 
REAPPOINTMENT
AND
REPLACE-
MENT.—The Secretary may reappoint or re-
place a member of the Community Group ap-
pointed under subsection (b)(1), if— 
(i) the term of the member has ex-
pired; 
(ii) the member has retired; or 
(iii) the position held by the member 
described in subparagraphs (A) through 
(G) of paragraph (1) has changed to the 
extent that the ability of the member to 
represent the group or entity that the 
member represents has been significantly 
affected. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Community Group shall 
meet not less than once per year, and at such other 
frequencies as determined by five or more of the 
members of the Community Group. 
(2) 
RESPONSIBILITIES
OF
COMMUNITY 
GROUP.—The Community Group shall be responsible 
for determining appropriate schedules for, details of, 
and actions for meetings of the Community Group. 
(3) NOTICE.—The Chairperson shall provide 
notice to each member of the Community Group not 
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less than 10 business days before the date of a 
scheduled meeting. 
(4) EXEMPT FROM FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to meetings of the 
Community Group. 
(e) COORDINATION WITH RECOMMENDATIONS
OF 
COMMUNITY GROUP.—The Secretary and the Secretary of 
the Air Force, consistent with existing laws (including reg-
ulations), shall take under consideration recommendations 
from the Community Group. 
(f) TERMINATION OF AUTHORITY.—The Community 
Group shall terminate on the date that is seven years after 
the date of enactment of this Act, unless the Secretary 
and the Community Group mutually elect to terminate the 
Community Group before that date. 
(g) RENEWAL.—The Community Group may elect, by 
simple majority, to renew the term of the Community 
Group for an additional seven years, with the option to 
renew the term every seven years thereafter. Each renewal 
must occur upon or within 90 days before termination of 
the Community Group. 
SEC. 3014. LIABILITY. 
The United States (including all departments, agen-
cies, officers, and employees of the United States) shall 
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be held harmless and shall not be liable for any injury 
or damage to any individual or property suffered in the 
course of any mining, mineral, or geothermal activity, or 
any other authorized nondefense-related activity, con-
ducted on the BLM land. 
SEC. 3015. EFFECTS OF SUBTITLE. 
(a) EFFECT ON WEAPON IMPACT AREA.—Nothing in 
this subtitle expands the boundaries of the weapon impact 
area of the Utah Test and Training Range. 
(b) EFFECT ON SPECIAL USE AIRSPACE AND TRAIN-
ING ROUTES.—Nothing in this subtitle precludes— 
(1) the designation of new units of special use 
airspace; or 
(2) the expansion of existing units of special 
use airspace. 
(c) EFFECT
ON EXISTING RIGHTS
AND AGREE-
MENTS.— 
(1) KNOLLS
SPECIAL
RECREATION
MANAGE-
MENT
AREA; 
BLM
COMMUNITY
PITS
CENTRAL 
GRAYBACK AND SOUTH GRAYBACK.—Except as pro-
vided in section 3012, nothing in this subtitle limits 
or alters any existing right or right of access to— 
(A) the Knolls Special Recreation Manage-
ment Area; or 
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(B)(i) the Bureau of Land Management 
Community Pits Central Grayback and South 
Grayback; and 
(ii) any other county or community pit lo-
cated within close proximity to the BLM land. 
(2) NATIONAL
HISTORIC
TRAILS
AND
OTHER 
HISTORICAL
LANDMARKS.—Except as provided in 
section 3012, nothing in this subtitle limits or alters 
any existing right or right of access to a component 
of the National Trails System or other Federal or 
State historic landmarks within the BLM land, in-
cluding the California National Historic Trail, the 
Pony Express National Historic Trail, or the GAPA 
Launch Site and Blockhouse. 
(3) CLOSURE OF INTERSTATE 80.—Nothing in 
this subtitle authorizes any additional authority or 
right to the Secretary or the Secretary of the Air 
Force to temporarily close Interstate 80. 
(4) EFFECT ON LIMITATION ON AMENDMENTS 
TO CERTAIN INDIVIDUAL RESOURCE MANAGEMENT 
PLANS.—Nothing in this subtitle affects the limita-
tion established under section 2815(d) of the Na-
tional Defense Authorization Act for Fiscal Year 
2000 (Public Law 106–65; 113 Stat. 852). 
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(5) EFFECT
ON
MEMORANDUM
OF
UNDER-
STANDING.—Nothing in this subtitle affects the 
memorandum of understanding entered into by the 
Air Force, the Bureau of Land Management, the 
Utah Department of Natural Resources, and the 
Utah Division of Wildlife Resources relating to the 
reestablishment of bighorn sheep in the Newfound-
land Mountains and signed by the parties to the 
memorandum of understanding during the period 
beginning on January 24, 2000, and ending on Feb-
ruary 4, 2000. 
(6) EFFECT ON EXISTING MILITARY SPECIAL 
USE AIRSPACE AGREEMENT.—Nothing in this sub-
title limits or alters the Military Operating Areas of 
Airspace Use Agreement between the Federal Avia-
tion Administration and the Air Force in effect on 
the date of enactment of this Act. 
(d) EFFECT ON WATER RIGHTS.— 
(1) NO
RESERVATION
CREATED.—Nothing in 
this subtitle— 
(A) establishes any reservation in favor of 
the United States with respect to any water or 
water right on the BLM land; or 
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(B) authorizes any appropriation of water 
on the BLM land, except in accordance with 
applicable State law. 
(2) PREVIOUSLY
ACQUIRED
AND
RESERVED 
WATER RIGHTS.—Nothing in this subtitle affects— 
(A) any water right acquired or reserved 
by the United States before the date of enact-
ment of this Act; or 
(B) the authority of the Secretary or the 
Secretary of the Air Force, as applicable, to ex-
ercise any water right described in subpara-
graph (A). 
(3) NO EFFECT ON MCCARRAN AMENDMENT.— 
Nothing in this subtitle diminishes, enhances, or 
otherwise affects in any way the rights, duties, and 
obligations of the United States, the State of Utah, 
the counties in which the BLM land is situated, and 
the residents and stakeholders in those counties 
under section 208 of the Act of July 10, 1952 (com-
monly known as the ‘‘McCarran Amendment’’) (43 
U.S.C. 666). 
(e) EFFECT ON FEDERALLY RECOGNIZED INDIAN 
TRIBES.— 
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(1) IN GENERAL.—Nothing in this subtitle al-
ters any right reserved by treaty or Federal law for 
a federally recognized Indian tribe for tribal use. 
(2) CONSULTATION.—The Secretary of the Air 
Force shall consult with any federally recognized In-
dian tribe in the vicinity of the BLM land before 
taking any action that will affect any tribal right or 
cultural resource protected by treaty or Federal law. 
(f) EFFECT ON PAYMENTS IN LIEU OF TAXES.— 
(1) ELIGIBILITY OF BLM LAND AND NON-FED-
ERAL LAND.—The BLM land and the non-Federal 
land described in section 3022(3) shall remain eligi-
ble as entitlement land under section 6901 of title 
31, United States Code. 
(2) NO PREJUDICE TO COUNTY PAYMENT IN 
LIEU OF TAXES RIGHTS.—Nothing in this subtitle 
diminishes, enhances, or otherwise affects any other 
right or entitlement of the counties in which the 
BLM land is situated to payments in lieu of taxes 
based on the BLM land, under section 6901 of title 
31, United States Code. 
(g) WILDLIFE GUZZLERS.— 
(1) IN GENERAL.—The Bureau of Land Man-
agement and the Utah Division of Wildlife Re-
sources shall continue the management of wildlife 
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guzzlers in existence as of the date of enactment of 
this Act on the BLM land. 
(2) NEW GUZZLERS.—Nothing in this subtitle 
prevents the Bureau of Land Management and the 
Utah Division of Wildlife Resources from entering 
into agreements for new wildlife guzzlers. 
(3) ACQUIRED GUZZLERS.—The Secretary shall 
continue to manage existing wildlife guzzlers or wild-
life improvements on the non-Federal land conveyed 
to the Secretary under section 3023(a) that were in 
existence on the day before the date of the convey-
ance. 
(h) RANGELAND IMPROVEMENTS.—The Secretary 
shall continue to manage, in a manner that promotes and 
facilitates grazing— 
(1) rangeland improvements on the BLM land 
that are in existence on the date of enactment of 
this Act; and 
(2) rangeland improvements on the non-Federal 
land conveyed to the Secretary under section 
3023(a) that were in existence on the day before the 
date of the conveyance. 
(i) NEW RANGELAND IMPROVEMENTS.—Nothing in 
this subtitle prevents the Bureau of Land Management, 
the Utah Department of Agriculture or other State entity, 
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or a Federal land permittee from entering into agreements 
for new rangeland improvements that promote and facili-
tate grazing. 
(j) SCHOOL AND INSTITUTIONAL TRUST LANDS AD-
MINISTRATION.—The Bureau of Land Management shall 
maintain rangeland grazing improvements in existence as 
of the date of enactment of this Act on acquired land of 
the School and Institutional Trust Lands Administration. 
Subtitle B—Land Exchange 
SEC. 3021. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) the State owns approximately 68,057 acres 
of land and approximately 10,280 acres of mineral 
interests located within the Utah Test and Training 
Range in Box Elder, Tooele, and Juab Counties, 
Utah; 
(2) the State owns approximately 2,353 acres 
of land and approximately 3,560 acres of mineral in-
terests located wholly or partially within the Cedar 
Mountains Wilderness in Tooele County, Utah; 
(3) the parcels of State land described in para-
graphs (1) and (2)— 
(A) were granted by Congress to the State 
pursuant to the Act of July 16, 1894 (28 Stat. 
107, chapter 138), to be held in trust for the 
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benefit of the public school system and other 
public institutions of the State; and 
(B) are largely scattered in checkerboard 
fashion among Federal land; 
(4) continued State ownership and development 
of State trust land within the Utah Test and Train-
ing Range and the Cedar Mountains Wilderness is 
incompatible with— 
(A) the critical national defense uses of the 
Utah Test and Training Range; and 
(B) the Federal management of the Cedar 
Mountains Wilderness; and 
(5) it is in the public interest of the United 
States to acquire in a timely manner all State trust 
land within the Utah Test and Training Range and 
the Cedar Mountains Wilderness, in exchange for 
the conveyance of the Federal land to the State, in 
accordance with the terms and conditions described 
in this subtitle. 
(b) PURPOSE.—It is the purpose of this subtitle to 
direct, facilitate, and expedite the exchange of certain 
Federal land and non-Federal land between the United 
States and the State. 
SEC. 3022. DEFINITIONS. 
In this subtitle: 
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SEC. 3023. EXCHANGE OF FEDERAL LAND AND NON-FED-
ERAL LAND. 
(a) IN GENERAL.—If the State offers to convey to 
the United States title to the non-Federal land, the Sec-
retary shall— 
(1) accept the offer; and 
(2) on receipt of all right, title, and interest in 
and to the non-Federal land, convey to the State (or 
a designee) all right, title, and interest of the United 
States in and to the Federal land. 
(b) VALID EXISTING RIGHTS.—The exchange author-
ized under subsection (a) shall be subject to valid existing 
rights. 
(c) TITLE APPROVAL.—Title to the Federal land and 
non-Federal land to be exchanged under this section shall 
be in a format acceptable to the Secretary and the State. 
(d) APPRAISALS.— 
(1) IN
GENERAL.—The value of the Federal 
land and the non-Federal land to be exchanged 
under this section shall be determined by appraisals 
conducted by one or more independent appraisers re-
tained by the State, with the consent of the Sec-
retary. 
(2) APPLICABLE LAW.—The appraisals under 
paragraph (1) shall be conducted in accordance with 
nationally recognized appraisal standards, including, 
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as appropriate, the Uniform Appraisal Standards for 
Federal Land Acquisitions. 
(3) MINERAL LAND.— 
(A) MINERAL
REPORTS.—The appraisals 
under paragraph (1) shall take into account 
mineral and technical reports provided by the 
Secretary and the State in the evaluation of 
mineral deposits in the Federal land and non- 
Federal land. 
(B) MINING CLAIMS.—An appraisal of any 
parcel of Federal land that is encumbered by a 
mining or millsite claim located under sections 
2318 through 2352 of the Revised Statutes 
(commonly known as the ‘‘Mining Law of 
1872’’) (30 U.S.C. 21 et seq.) shall take into 
account the encumbrance created by the claim 
for purposes of determining the value of the 
parcel of the Federal land. 
(C) VALIDITY EXAMINATION.—Nothing in 
this subtitle requires the United States to con-
duct a mineral examination for any mining 
claim on the Federal land. 
(4) 
APPROVAL.—The 
appraisals 
conducted 
under paragraph (1) shall be submitted to the Sec-
retary and the State for approval. 
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(5) DISPUTE
RESOLUTION.—If, by the date 
that is 90 days after the date of submission of an 
appraisal for review and approval under this sub-
section, the Secretary or the State do not agree to 
accept the findings of the appraisals with respect to 
one or more parcels of Federal land or non-Federal 
land, the dispute shall be resolved in accordance 
with section 206(d)(2) of the Federal Land Policy 
and 
Management 
Act 
of 
1976 
(43 
U.S.C. 
1716(d)(2)). 
(6) 
DURATION.—The 
appraisals 
conducted 
under paragraph (1) shall remain valid until the 
date of the completion of the exchange authorized 
under this subtitle. 
(7) REIMBURSEMENT OF STATE COSTS.—The 
Secretary shall reimburse the State in an amount 
equal to 50 percent of the costs incurred by the 
State in retaining independent appraisers under 
paragraph (1). 
(e) CONVEYANCE OF TITLE.—The land exchange au-
thorized under this subtitle shall be completed by the later 
of— 
(1) the date that is 1 year after the date of 
final approval by the Secretary and the State of the 
appraisals conducted under subsection (d); and 
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(2) the date that is 1 year after the date of 
completion of the dispute resolution process author-
ized under subsection (d)(5). 
(f) PUBLIC INSPECTION AND NOTICE.— 
(1) PUBLIC INSPECTION.—At least 30 days be-
fore the date of conveyance of the Federal land and 
non-Federal land, all final appraisals and appraisal 
reviews for land to be exchanged under this section 
shall be available for public review at the office of 
the State Director of the Bureau of Land Manage-
ment in the State of Utah. 
(2) NOTICE.—The Secretary or the State, as 
applicable, shall publish in a newspaper of general 
circulation in Salt Lake County, Utah, a notice that 
the appraisals conducted under subsection (d) are 
available for public inspection. 
(g) EQUAL VALUE EXCHANGE.— 
(1) IN
GENERAL.—The value of the Federal 
land and non-Federal land to be exchanged under 
this section— 
(A) shall be equal; or 
(B) shall be made equal in accordance with 
paragraph (2). 
(2) EQUALIZATION.— 
(A) SURPLUS OF FEDERAL LAND.— 
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(i) IN GENERAL.—If the value of the 
Federal land exceeds the value of the non- 
Federal land, the value of the Federal land 
and non-Federal land shall be equalized by 
the State conveying to the United States— 
(I) State trust land parcel 1, as 
described in the assessment entitled 
‘‘Bureau of Land Management Envi-
ronmental Assessment UT–100–06– 
EA’’, numbered UTU–82090, and 
dated March 2008; or 
(II) State trust land located 
within any of the wilderness areas or 
national conservation areas in Wash-
ington 
County, 
Utah, 
established 
under subtitle O of title I of the Om-
nibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 
Stat. 1075) that has an appraised 
value equal to the difference be-
tween— 
(aa) the value of the Federal 
land; and 
(bb) the value of the non- 
Federal land. 
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(ii) ORDER
OF
CONVEYANCES.—Any 
non-Federal land required to be conveyed 
to the United States under clause (i) shall 
be conveyed until the value of the Federal 
land and non-Federal land is equalized, in 
the following order: 
(I) The State trust land parcel 
described in clause (i)(I). 
(II) State trust land parcels lo-
cated in the Red Cliffs National Con-
servation Area. 
(III) State trust land parcels lo-
cated in the Docs Pass Wilderness. 
(IV) State trust land parcels lo-
cated in the Beaver Dam Wash Na-
tional Conservation Area. 
(B) SURPLUS OF NON-FEDERAL LAND.—If 
the value of the non-Federal land exceeds the 
value of the Federal land, the value of the Fed-
eral land and the non-Federal land shall be 
equalized by the Secretary making a cash 
equalization payment to the State, in accord-
ance with section 206(b) of the Federal Land 
Policy Management (43 U.S.C. 1716(b)). 
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(h) WITHDRAWAL OF FEDERAL LAND FROM MIN-
ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex-
isting rights, the Federal land to be conveyed to the State 
under this section is withdrawn from mineral location, 
entry, and patent under the mining laws pending convey-
ance of the Federal land to the State. 
SEC. 3024. STATUS AND MANAGEMENT OF NON-FEDERAL 
LAND AFTER EXCHANGE. 
(a) NON-FEDERAL LAND WITHIN UTAH TEST AND 
TRAINING RANGE.—On conveyance to the United States 
under this subtitle, the non-Federal land located within 
the Utah Test and Training Range shall be managed in 
accordance with the memorandum of agreement entered 
into under section 3011(a). 
(b) NON-FEDERAL LAND WITHIN CEDAR MOUN-
TAINS
WILDERNESS.—On conveyance to the United 
States under this subtitle, the non-Federal land located 
within the Cedar Mountains Wilderness shall, in accord-
ance with section 206(c) of the Federal Land Policy Act 
of 1976 (43 U.S.C. 1716(c)), be added to, and adminis-
tered as part of, the Cedar Mountains Wilderness. 
SEC. 3025. HAZARDOUS MATERIALS. 
(a) COSTS.—Except as provided in subsection (b), the 
costs of remedial actions relating to hazardous materials 
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on land acquired under this subtitle shall be paid by those 
entities responsible for the costs under applicable law. 
(b) REMEDIATION OF PRIOR TESTING AND TRAINING 
ACTIVITY.—The Department of Defense shall bear all 
costs of evaluation, management, and remediation caused 
by the previous testing of military weapons systems and 
the training of military forces on non-Federal land to be 
conveyed to the United States under this subtitle. 
Subtitle C—Highway Rights-of-way 
SEC. 3031. RECOGNITION AND TRANSFER OF CERTAIN 
HIGHWAY RIGHTS-OF-WAY. 
(a) DEFINITIONS.—In this section: 
(1) 
HIGHWAY
RIGHT-OF-WAY.—The 
term 
‘‘highway right-of-way’’ means a right-of-way across 
Federal land for all county roads in the Counties of 
Box Elder, Tooele, and Juab, in the State of Utah, 
according to official transportation map and center-
line descriptions of each county in existence as of 
March 1, 2015. 
(2) MAP.—The term ‘‘official transportation 
map and centerline description’’ means— 
(A) the map entitled ‘‘Official Transpor-
tation Map of Box Elder County, Utah’’ and 
dated March 1, 2015, and accompanying cen-
terline description of each road on file with the 
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Clerk of Box Elder County as of March 1, 
2015; 
(B) the map entitled ‘‘Official Transpor-
tation Map of Tooele County’’ and dated March 
1, 2015, and accompanying centerline descrip-
tion of each road on file with the Clerk of 
Tooele County as of March 1, 2015; and 
(C) the map entitled ‘‘Official Transpor-
tation Map of Juab County’’ and dated March 
1, 2015, and accompanying centerline descrip-
tion of each road on file with the Clerk of Juab 
County as of March 1, 2015. 
(3) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of Agriculture, with re-
spect to land administered by the Chief of the 
Forest Service; or 
(B) the Secretary of the Interior, with re-
spect to land administered by the Director of 
the Bureau of Land Management. 
(b) RECOGNITION OF EXISTENCE AND VALIDITY OF 
RIGHTS-OF-WAY.—Congress recognizes the existence and 
validity of each of the highway rights-of-way identified on 
the official transportation maps and centerline descrip-
tions. 
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(c) CONVEYANCE OF AN EASEMENT ACROSS FED-
ERAL LAND.— 
(1) BOX
ELDER
COUNTY, UTAH.—The Sec-
retary shall convey, without consideration, to Box 
Elder County, Utah, and the State of Utah as joint 
tenants with undivided interests, easements for mo-
torized travel rights-of-way across Federal land for 
all highways shown and described in the official 
transportation map and centerline description of the 
county described in subsection (a)(2)(A). 
(2) JUAB COUNTY, UTAH.—The Secretary shall 
convey, without consideration, to Juab County, 
Utah, and the State of Utah as joint tenants with 
undivided interests, easements for motorized travel 
rights-of-way across Federal land for all highways 
shown and described in the official transportation 
map and centerline description of the county de-
scribed in subsection (a)(2)(B). 
(3) TOOELE
COUNTY, UTAH.—The Secretary 
shall convey, without consideration, to Tooele Coun-
ty, Utah, and the State of Utah as joint tenants 
with undivided interests, easements for motorized 
travel rights-of-way across Federal land for all high-
ways shown and described in the official transpor-
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tation map and centerline description of the county 
described in subsection (a)(2)(C). 
(d) DESCRIPTION OF FEDERAL LAND SUBJECT TO 
EASEMENT.— 
(1) IN
GENERAL.—All easements under sub-
section (c) shall include— 
(A) the current disturbed width of each 
subject highway as shown and described in the 
official transportation maps and centerline de-
scriptions; and 
(B) any additional acreage on either side 
of the disturbed width that the respective coun-
ty transportation department determines is nec-
essary for the efficient maintenance, repair, 
signage, administration, and use of the Federal 
land subject to the easement. 
(2) DESCRIPTION.— 
(A) IN GENERAL.—The exact acreage and 
legal description of the Federal land subject to 
the easements conveyed under subsection (c) 
shall be— 
(i) as described in the centerline de-
scriptions; 
(ii) as referenced in the official trans-
portation maps; and 
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(iii) as described and referenced ac-
cording to the disturbed width of each 
highway as of the date of conveyance for 
travel purposes, plus any reasonable addi-
tional width as may be necessary for sur-
face maintenance, repairs, and turnaround 
purposes. 
(B) SURVEY
NOT
REQUIRED.—Notwith-
standing any other provision of law, the convey-
ance of easements under subsection (c) shall be 
effective without a survey of the exact acreage 
and local description of the Federal land subject 
to the easements. 
(e) RETENTION
OF MAPS
AND CENTERLINE DE-
SCRIPTIONS.—The maps and centerline descriptions re-
ferred to in clauses (i) and (ii) of subsection (d)(2)(A) 
shall be on file in the appropriate office of the Secretary. 
(f) EXCLUSION OF CERTAIN CLASS D ROADS FROM 
ROAD EASEMENT CONVEYANCES.—Notwithstanding the 
highway rights-of-way identified on the official transpor-
tation maps and centerline descriptions, this section does 
not apply to any class D road located within the bound-
aries of— 
(1) Cedar Mountain Wilderness Area des-
ignated by section 384(a) of the National Defense 
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Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3217; 16 U.S.C. 1132 note); or 
(2) any wilderness study area within Box Elder 
County, Tooele County, or Juab County, Utah, des-
ignated in law or by administrative action. 
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 ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2017 for the activities of 
the National Nuclear Security Administration in carrying 
out programs as specified in the funding table in section 
4701. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
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may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
Project 17–D–630, Expand Electrical Distribu-
tion System, Lawrence Livermore National Labora-
tory, Livermore, California, $25,000,000. 
Project 17–D–640, U1a Complex Enhance-
ments Project, Nevada National Security Site, Mer-
cury, Nevada, $11,500,000. 
Project 17–D–911, BL Fire System Upgrade, 
Bettis Atomic Power Laboratory, West Mifflin, 
Pennsylvania, $1,400,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2017 for defense environ-
mental cleanup activities in carrying out programs as 
specified in the funding table in section 4701. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out, for defense environmental cleanup activi-
ties, the following new plant project: 
Project 17–D–401, Saltstone Disposal Unit #7, 
Savannah River Site, Aiken, South Carolina, 
$9,729,000. 
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SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2017 for other 
defense activities in carrying out programs as specified in 
the funding table in section 4701. 
SEC. 3104. NUCLEAR ENERGY. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2017 for nuclear 
energy as specified in the funding table in section 4701. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS 
OF CAPITAL ASSETS ACQUISITION PROJECTS. 
(a) IN GENERAL.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by inserting after 
section 4732 the following new section: 
‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT RE-
VIEWS OF CAPITAL ASSETS ACQUISITION 
PROJECTS. 
‘‘(a) REVIEWS.—The appropriate head shall ensure 
that an independent entity conducts reviews of each cap-
ital assets acquisition project as the project moves toward 
the approval of each of critical decision 0, critical decision 
1, and critical decision 2 in the acquisition process. 
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‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addi-
tion to any other matters, with respect to each review of 
a capital assets acquisition project under subsection (a) 
that has not reached critical decision 1 approval in the 
acquisition process, such review shall include— 
‘‘(1) a review using best practices of the anal-
ysis of alternatives for the project; and 
‘‘(2) identification of any deficiencies in such 
analysis of alternatives for the appropriate head to 
address. 
‘‘(c) INDEPENDENT
ENTITIES.—The appropriate 
head shall ensure that each review of a capital assets ac-
quisition project under subsection (a) is conducted by an 
independent entity with the appropriate expertise with re-
spect to the project and the stage in the acquisition proc-
ess of the project. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘acquisition process’ means the 
acquisition process for a project, as defined in De-
partment of Energy Order 413.3B (relating to 
project management and project management for 
the acquisition of capital assets), or a successor 
order. 
‘‘(2) The term ‘appropriate head’ means— 
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‘‘(A) the Administrator, with respect to 
capital assets acquisition projects of the Admin-
istration; and 
‘‘(B) the Assistant Secretary of Energy for 
Environmental Management, with respect to 
capital assets acquisition projects of the Office 
of Environmental Management. 
‘‘(3) The term ‘capital assets acquisition 
project’ means a project that— 
‘‘(A) the total project cost of which is more 
than $500,000,000; and 
‘‘(B) is covered by Department of Energy 
Order 413.3, or a successor order, for the ac-
quisition of capital assets for atomic energy de-
fense activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by inserting after the item relat-
ing to section 4732 the following new item: 
‘‘Sec. 4733. 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. 
(a) PROHIBITION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2017 
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for the Department of Energy may be obligated or ex-
pended to plan or carry out research and development of 
an advanced naval nuclear fuel system based on low-en-
riched uranium. 
(b) EXCEPTION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for defense nuclear nonproliferation, as 
specified in the funding table in division D, not more than 
$5,000,000 shall be made available to the Deputy Admin-
istrator for Naval Reactors for initial planning and early 
research and development of an advanced naval nuclear 
fuel system based on low-enriched uranium. 
(c) BUDGET MATTERS.—Section 3118 of the Na-
tional Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1196) is amended— 
(1) by striking paragraph (2) of subsection (c) 
and inserting the following new paragraph: 
‘‘(2) BUDGET
REQUESTS.—If the Secretaries 
determine under paragraph (1) that research and 
development of an advanced naval nuclear fuel sys-
tem based on low-enriched uranium should continue, 
the Secretaries shall ensure that each budget of the 
President submitted to Congress under section 
1105(a) of title 31, United States Code, for fiscal 
year 2018 and each fiscal year thereafter in which 
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such research and development is carried out in-
cludes in the budget line item for the ‘Defense Nu-
clear Nonproliferation’ account amounts necessary 
to carry out the conceptual plan under subsection 
(b).’’; and 
(2) in subsection (d), by striking ‘‘for material 
management and minimization’’. 
SEC. 3113. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 
(a) IN GENERAL.—Except as provided by subsection 
(c), using funds described in subsection (b), the Secretary 
of Energy shall carry out construction and project support 
activities relating to the MOX facility. 
(b) FUNDS DESCRIBED.—The funds described in this 
subsection are the following: 
(1) Funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 
for the National Nuclear Security Administration for 
the MOX facility for construction and project sup-
port activities. 
(2) Funds authorized to be appropriated for a 
fiscal year prior to fiscal year 2017 for the National 
Nuclear Security Administration for the MOX facil-
ity for construction and project support activities 
that are unobligated as of the date of the enactment 
of this Act. 
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(c) WAIVER.—The Secretary may waive the require-
ment in subsection (a) to carry out construction and 
project support activities relating to the MOX facility if— 
(1) the Secretary submits to the congressional 
defense committees— 
(A) an updated performance baseline for 
construction and project support activities relat-
ing to the MOX facility as required by section 
3119(b) of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 
129 Stat. 1197); 
(B) notification that the Secretary has 
sought to enter into consultations with any rel-
evant State or government of a foreign country 
necessary to pursue an alternative option for 
carrying out the plutonium disposition program, 
including a comprehensive description of the 
status of such consultations and a detailed plan 
and schedule for concluding such consultations; 
(C) the commitment of the Secretary to re-
move plutonium from South Carolina and en-
sure a sustainable future for the Savannah 
River Site; and 
(D) either— 
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(i) notification that the prime con-
tractor of the MOX facility has not sub-
mitted a proposal, during the three-month 
period following the date on which the Sec-
retary requests such a proposal, for a 
fixed-price contract for completing con-
struction and project support activities for 
the MOX facility; or 
(ii) certification that such proposal is 
materially deficient or non-responsive, or 
that an alternative option for carrying out 
the plutonium disposition program exists 
and the total lifecycle cost of such alter-
native option would be less than approxi-
mately half of the estimated remaining 
total lifecycle cost of the mixed-oxide fuel 
program; and 
(2) a period of 15 days has elapsed following 
the date of such submission. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘MOX facility’’ means the mixed- 
oxide fuel fabrication facility at the Savannah River 
Site, Aiken, South Carolina. 
(2) The term ‘‘project support activities’’ means 
activities that support the design, long-lead equip-
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ment procurement, and site preparation of the MOX 
facility. 
SEC. 3114. DESIGN BASIS THREAT. 
(a) UPDATE TO ORDER.—Not later than August 31, 
2016, the Secretary of Energy shall update Department 
of Energy Order 470.3B relating to the design basis 
threat for protecting nuclear weapons, special nuclear ma-
terial, and other critical assets in the custody of the De-
partment of Energy. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 
(50 U.S.C. 3003(4)) should promulgate regular, bi-
annual updates to the Nuclear Security Threat Ca-
pabilities Assessment to better inform nuclear secu-
rity postures within the Department of Defense and 
the Department of Energy; 
(2) the Department of Defense and the Depart-
ment of Energy should closely, and in real-time, 
track and assess national, regional, and local threats 
to the defense nuclear facilities of the respective De-
partments; and 
(3) the Department of Defense and the Depart-
ment of Energy should regularly review assessments 
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and other input provided by activities described in 
paragraphs (1) and (2) and adjust security postures 
accordingly. 
SEC. 3115. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
PROVISION OF CERTAIN ASSISTANCE TO RUS-
SIAN FEDERATION. 
(a) PROHIBITION.— 
(1) IN GENERAL.—None of the funds described 
in paragraph (2) may be obligated or expended to 
enter into a contract with, or otherwise provide as-
sistance to, the Russian Federation. 
(2) FUNDS DESCRIBED.—The funds described 
in this paragraph are the following: 
(A) Funds authorized to be appropriated 
by this Act or otherwise made available for fis-
cal year 2017 for atomic energy defense activi-
ties. 
(B) Funds authorized to be appropriated 
or otherwise made available for a fiscal year 
prior to fiscal year 2017 for atomic energy de-
fense activities that are unobligated as of the 
date of the enactment of this Act. 
(b) WAIVER.—The Secretary of Energy, without dele-
gation, may waive the prohibition in subsection (a)(1) 
only— 
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(1) to meet requirements the Secretary deter-
mines to be new and emergency in nature; and 
(2) if— 
(A) the Secretary submits to the appro-
priate congressional committees a report con-
taining— 
(i) a notification that such a waiver is 
in the national security interest of the 
United States; 
(ii) justification for such a waiver, in-
cluding an explanation of how meets the 
requirements under paragraph (1); and 
(iii) a certification that there is no 
backlog of deferred maintenance with re-
spect to physical security equipment and 
related infrastructure at each Department 
of Energy defense nuclear facility; and 
(B) a period of 15 days elapses following 
the date on which the Secretary submits such 
report. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
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(B) The Committee on Foreign Relations 
of the Senate and the Committee on Foreign 
Affairs of the House of Representatives. 
(2) The term ‘‘Department of Energy defense 
nuclear facility’’ has the meaning given that term in 
section 318 of the Atomic Energy Act of 1954 (42 
U.S.C. 2286g). 
SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR 
FEDERAL SALARIES AND EXPENSES. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for 
the National Nuclear Security Administration for defense- 
related Federal salaries and expenses, not more than 90 
percent may be obligated or expended until the date on 
which the Secretary of Energy submits to the congres-
sional defense committees and the congressional intel-
ligence committees the following: 
(1) The updated plan on the designing and 
building of prototypes of nuclear weapons that is re-
quired to be developed by not later than the same 
time as the budget of the President for fiscal year 
2018 pursuant to paragraphs (2) and (3)(B) of sec-
tion 4509(a) of the Atomic Energy Defense Act (50 
U.S.C. 2660(a)(2)). 
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(2) A description of the determination of the 
Secretary under paragraph (4)(B) of such section 
with respect to the manner in which the designing 
and building of prototypes of nuclear weapons is car-
ried out under such updated plan. 
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR 
DEFENSE ENVIRONMENTAL CLEANUP PRO-
GRAM DIRECTION. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for 
defense environmental cleanup for program direction, not 
more than 90 percent may be obligated or expended until 
the date on which the Secretary of Energy submits to Con-
gress the future-years defense environmental cleanup plan 
required to be submitted during 2017 under section 
4402A of the Atomic Energy Defense Act (50 U.S.C. 
2582A). 
SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR 
ACCELERATION OF NUCLEAR WEAPONS DIS-
MANTLEMENT. 
(a) LIMITATION ON MAXIMUM AMOUNT FOR DIS-
MANTLEMENT.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for any 
of fiscal years 2017 through 2021 for the National Nu-
clear Security Administration, not more than $56,000,000 
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may be obligated or expended in each such fiscal year to 
carry out the nuclear weapons dismantlement and disposi-
tion activities of the Administration. 
(b) LIMITATION ON ACCELERATION OF DISMANTLE-
MENT ACTIVITIES.—Except as provided by subsection (d), 
none of the funds authorized to be appropriated by this 
Act or otherwise made available for any of fiscal years 
2017 through 2021 for the National Nuclear Security Ad-
ministration may be obligated or expended to accelerate 
the nuclear weapons dismantlement activities of the Ad-
ministration to a rate that exceeds the rate described in 
the Stockpile Stewardship and Management Plan sched-
ule. 
(c) LIMITATION ON DISMANTLEMENT OF CERTAIN 
CRUISE MISSILE WARHEADS.—Except as provided by 
subsection (d), none of the funds authorized to be appro-
priated by this Act or otherwise made available for any 
of fiscal years 2017 through 2021 for the National Nu-
clear Security Administration may be obligated or ex-
pended to dismantle or dispose a W84 nuclear weapon. 
(d) EXCEPTION.—The limitations in subsection (b) 
and (c) shall not apply to the following: 
(1) The dismantlement of a nuclear weapon not 
covered by the Stockpile Stewardship and Manage-
ment Plan schedule if the Administrator for Nuclear 
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Security certifies, in writing, to the congressional de-
fense committees that— 
(A) the components of the nuclear weapon 
are directly required for the purposes of a cur-
rent life extension program; or 
(B) such dismantlement is necessary to 
conduct maintenance or surveillance of the nu-
clear weapons stockpile or to ensure the safety 
or reliability of the nuclear weapons stockpile. 
(2) The dismantlement of a nuclear weapon if 
the President certifies, in writing, to the congres-
sional defense committees that— 
(A) such dismantlement is being carried 
out pursuant to a nuclear arms reduction treaty 
or similar international agreement that requires 
such dismantlement; and 
(B) such treaty or similar international 
agreement— 
(i) has entered into force after the 
date of the enactment of this Act; and 
(ii) was approved— 
(I) with the advice and consent 
of the Senate pursuant to Article II, 
section 2, clause 2 of the Constitution 
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after the date of the enactment of this 
Act; or 
(II) by an Act of Congress, as 
described in section 303(b) of the 
Arms Control and Disarmament Act 
(22 U.S.C. 2573(b)). 
(e) STOCKPILE STEWARDSHIP
AND MANAGEMENT 
PLAN SCHEDULE DEFINED.—In this section, the term 
‘‘Stockpile Stewardship and Management Plan schedule’’ 
means the schedule described in table 2–7 of the annex 
of the report titled ‘‘Fiscal Year 2016 Stockpile Steward-
ship and Management Plan’’ submitted in March 2015 by 
the Administrator for Nuclear Security to the congres-
sional defense committees under section 4203(b)(2) of the 
Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)). 
SEC. 3119. ANNUAL CERTIFICATION OF SHIPMENTS TO 
WASTE ISOLATION PILOT PLANT. 
(a) ANNUAL CERTIFICATION.—During the five-year 
period beginning on the date of the enactment of this Act, 
not later than February 1 of each year, the Secretary of 
Energy shall certify to the congressional defense commit-
tees the following, with respect to the year covered by the 
certification: 
(1) The covered contractors have certified to 
the Administrator for Nuclear Security that the cov-
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ered contractors are aware of the contents of each 
container shipped by the covered contractors to the 
Waste Isolation Pilot Plant, Carlsbad, New Mexico, 
in sufficient detail to ensure that the container is 
handled properly to prevent the release of radiation 
or contamination. 
(2) The Administrator is aware of the contents 
of each container shipped by the Administrator or 
covered contractors to the Waste Isolation Pilot 
Plant, Carlsbad, New Mexico, in such sufficient de-
tail. 
(3) The Assistant Secretary of Energy for En-
vironmental Management is aware of the contents of 
each container shipped from a clean-up site to the 
Waste Isolation Pilot Plant in such sufficient detail. 
(b) COVERED CONTRACTORS DEFINED.—In this sec-
tion, the term ‘‘covered contractors’’ means each manage-
ment and operating contractor of a national security lab-
oratory or nuclear weapons production facility (as such 
terms are defined in section 4002 of the Atomic Energy 
Defense Act (50 U.S.C. 2501) that ships materials to the 
Waste Isolation Pilot Plant, Carlsbad, New Mexico. 
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SEC. 3119A. LIMITATION ON AVAILABILITY OF FUNDS FOR 
THE DEPARTMENT OF ENERGY. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated or otherwise made available for fiscal year 2017 
for the Department of Energy for the Office of the Sec-
retary of Energy, not more than 50 percent may be obli-
gated or expended until the date on which the Secretary 
submits to the appropriate congressional committees the 
report under subsection (b). 
(b) REPORT.—Not later than 15 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees the full re-
port, and any related materials, titled ‘‘U.S. Nuclear De-
terrence in the Coming Decades’’, dated August 15, 2014. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate. 
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SEC. 3119B. SENSE OF CONGRESS REGARDING ACCOUNT-
ING PRACTICES BY LABORATORY OPERATING 
CONTRACTORS AND PLANT OR SITE MAN-
AGERS OF NATIONAL NUCLEAR SECURITY 
ADMINISTRATION FACILITIES. 
It is the sense of Congress that the Secretary of En-
ergy should ensure that each laboratory operating con-
tractor or plant or site manager of a National Nuclear 
Security Administration facility adopt generally accepted 
and consistent accounting practices for laboratory, plant, 
or site directed research and development. 
SEC. 3119C. PROTECTION OF CERTAIN NUCLEAR FACILI-
TIES FROM UNMANNED AIRCRAFT. 
(a) IN GENERAL.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by inserting after 
section 4509 the following new section: 
‘‘SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILI-
TIES FROM UNMANNED AIRCRAFT. 
‘‘(a) AUTHORITY.—The Secretary of Energy may 
take such actions described in subsection (b)(1) that are 
necessary to mitigate the threat of an unmanned aircraft 
system or unmanned aircraft that poses an imminent 
threat (as defined by the Secretary of Energy, in coordina-
tion with the Secretary of Transportation) to the safety 
or security of a covered facility. 
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‘‘(b) ACTIONS DESCRIBED.—(1) The actions de-
scribed in this paragraph are the following: 
‘‘(A) Disrupt control of the unmanned aircraft 
system or unmanned aircraft. 
‘‘(B) Seize and exercise control of the un-
manned aircraft system or unmanned aircraft. 
‘‘(C) Seize or otherwise confiscate the un-
manned aircraft system or unmanned aircraft. 
‘‘(D) Use reasonable force to disable or destroy 
the unmanned aircraft system or unmanned aircraft. 
‘‘(2) The Secretary of Energy shall develop the ac-
tions described in paragraph (1) in coordination with the 
Secretary of Transportation, consistent with the protec-
tion of information regarding sensitive defense or national 
security capabilities. 
‘‘(c) FORFEITURE.—(1) Any unmanned aircraft sys-
tem or unmanned aircraft described in subsection (a) shall 
be subject to seizure and forfeiture to the United States. 
‘‘(2) The Secretary of Energy may prescribe regula-
tions to establish reasonable exceptions to paragraph (1), 
including in cases where— 
‘‘(A) the operator of the unmanned aircraft sys-
tem or unmanned aircraft obtained the control and 
possession of such system or aircraft illegally; or 
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‘‘(B) the operator of the unmanned aircraft sys-
tem or unmanned aircraft is an employee of a com-
mon carrier acting in manner described in sub-
section (a) without the knowledge of the common 
carrier. 
‘‘(d) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this section, the Secretary 
of Energy and the Secretary of Transportation shall pre-
scribe regulations and issue guidance in the respective 
areas of each Secretary to carry out this section. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered facility’ means any fa-
cility that— 
‘‘(A) is identified by the Secretary of En-
ergy for purposes of this section; 
‘‘(B) is located in the United States (in-
cluding the territories and possessions of the 
United States); and 
‘‘(C) is owned by the United States, or 
contracted to the United States, to store or use 
special nuclear material. 
‘‘(2) The terms ‘unmanned aircraft’ and ‘un-
manned aircraft system’ have the meaning given 
those terms in section 331 of the FAA Moderniza-
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tion and Reform Act of 2012 (Public Law 112–95; 
49 U.S.C. 40101 note).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by inserting after the item relat-
ing to section 4509 the following new item: 
‘‘Sec. 4510. Protection of certain nuclear facilities from unmanned aircraft.’’. 
Subtitle C—Plans and Reports 
SEC. 3121. CLARIFICATION OF ANNUAL REPORT AND CER-
TIFICATION ON STATUS OF SECURITY OF 
ATOMIC ENERGY DEFENSE FACILITIES. 
Section 4506(b)(1)(B) of the Atomic Energy Defense 
Act (50 U.S.C. 2657) is amended to read as follows: 
‘‘(B) written certification that such facilities are 
secure and that the security measures at such facili-
ties meet the security standards and requirements of 
the Department of Energy.’’. 
SEC. 3122. ANNUAL REPORT ON SERVICE SUPPORT CON-
TRACTS OF THE NATIONAL NUCLEAR SECU-
RITY ADMINISTRATION. 
Section 3241A(f) of the National Nuclear Security 
Administration Act (50 U.S.C. 2441a(f)) is amended by 
adding at the end the following new paragraph: 
‘‘(5) With respect to each contract identified 
under paragraph (2)— 
‘‘(A) the cost of the contract; and 
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‘‘(B) identification of the program or pro-
gram direction accounts that support the con-
tract.’’. 
SEC. 3123. REPEAL OF CERTAIN REPORTING REQUIRE-
MENTS. 
(a) REPORTS ON PLAN TO PROTECT AGAINST INAD-
VERTENT RELEASE
OF RESTRICTED DATA
AND FOR-
MERLY RESTRICTED DATA.—Section 4522 of the Atomic 
Energy Defense Act (50 U.S.C. 2672) is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as sub-
section (e). 
(b) GAO REPORT ON PROGRAM ON SCIENTIFIC EN-
GAGEMENT FOR NONPROLIFERATION.—Section 3122 of 
the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 50 U.S.C. 2571 note), as 
amended by section 3125 of the National Defense Author-
ization Act for Fiscal Year 2014 (Public Law 113–66; 127 
Stat. 1063), is further amended— 
(1) in subsection (b)(1), by striking ‘‘, and to 
the Comptroller General of the United States,’’; 
(2) by striking subsection (e); and 
(3) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
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SEC. 3124. INDEPENDENT ASSESSMENT OF TECHNOLOGY 
DEVELOPMENT UNDER DEFENSE ENVIRON-
MENTAL CLEANUP PROGRAM. 
(a) ASSESSMENT.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Energy 
shall seek to enter into an agreement with the National 
Academy of Sciences to conduct an independent assess-
ment of the technology development efforts of the defense 
environmental cleanup program of the Department of En-
ergy. 
(b) ELEMENTS.—The assessment under subsection 
(a) shall include the following: 
(1) A review of the technology development ef-
forts of the defense environmental cleanup program 
of the Department of Energy, including an assess-
ment of the process by which the Secretary identifies 
and chooses technologies to pursue under the pro-
gram. 
(2) A comprehensive review and assessment of 
technologies or alternative approaches to defense en-
vironmental cleanup efforts that could— 
(A) reduce the long-term costs of such ef-
forts; 
(B) accelerate schedules for carrying out 
such efforts; 
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(C) mitigate uncertainties, vulnerabilities, 
or risks relating to such efforts; or 
(D) otherwise significantly improve the de-
fense environmental cleanup program. 
(c) SUBMISSION.—Not later than September 30, 
2017, the National Academy of Sciences shall submit to 
the congressional defense committees and the Secretary 
a report on the assessment under subsection (a). 
SEC. 3125. UPDATED PLAN FOR VERIFICATION AND MONI-
TORING OF PROLIFERATION OF NUCLEAR 
WEAPONS AND FISSILE MATERIAL. 
(a) UPDATED PLAN.— 
(1) TRANSMISSION.—Not later than 90 days 
after the date of the enactment of this Act, the 
President shall transmit to the appropriate congres-
sional committees a comprehensive and detailed up-
date to the plan developed under section 3133(a) of 
the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na-
tional Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 128 Stat. 3896) with 
respect to verification and monitoring relating to the 
potential proliferation of nuclear weapons, compo-
nents of such weapons, and fissile material. 
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(2) FORM.—The updated plan under paragraph 
(1) shall be transmitted in unclassified form, but 
may include a classified annex. 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for the Department of Defense for sup-
porting 
the 
Executive 
Office 
of 
the 
President, 
$10,000,000 may not be obligated or expended until the 
date on which the President transmits to the appropriate 
congressional committees the updated plan under sub-
section (a)(1). 
(c) BRIEFING.—Not later than 30 days after the date 
of the enactment of this Act, the President shall provide 
to the Committees on Armed Services of the House of 
Representatives and the Senate (and any other appro-
priate congressional committee upon request) an interim 
briefing on the updated plan under subsection (a)(1). 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate. 
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(3) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
(4) The Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
(5) The Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate. 
SEC. 3126. BRIEFING ON THE INFORMATION-INTERCHANGE 
OF LOW-ENRICHED URANIUM. 
(a) BRIEFING.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of De-
fense, the Secretary of Energy, and the Secretary of State 
shall provide a briefing to the appropriate congressional 
committees on the feasibility and potential benefits of a 
dialogue between the United States and France on the use 
of low-enriched uranium in naval reactors. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the congressional defense committees; 
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(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate; 
(3) the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate; and 
(4) the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2017, $31,000,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE 
XXXIII—NUCLEAR 
EN-
ERGY INNOVATION CAPABILI-
TIES 
SEC. 3301. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Energy Inno-
vation Capabilities Act’’. 
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SEC. 3302. NUCLEAR ENERGY. 
Section 951 of the Energy Policy Act of 2005 (42 
U.S.C. 16271) is amended to read as follows: 
‘‘SEC. 951. NUCLEAR ENERGY. 
‘‘(a) MISSION.—The Secretary shall conduct pro-
grams of civilian nuclear research, development, dem-
onstration, and commercial application, including activi-
ties in this subtitle. Such programs shall take into consid-
eration the following objectives: 
‘‘(1) Providing research infrastructure to pro-
mote scientific progress and enable users from aca-
demia, the National Laboratories, and the private 
sector to make scientific discoveries relevant for nu-
clear, chemical, and materials science engineering. 
‘‘(2) Maintaining National Laboratory and uni-
versity nuclear energy research and development 
programs, including their infrastructure. 
‘‘(3) Providing the technical means to reduce 
the likelihood of nuclear weapons proliferation and 
increasing confidence margins for public safety of 
nuclear energy systems. 
‘‘(4) Reducing the environmental impact of nu-
clear energy related activities. 
‘‘(5) Supporting technology transfer from the 
National Laboratories to the private sector. 
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‘‘(6) Enabling the private sector to partner with 
the National Laboratories to demonstrate novel reac-
tor concepts for the purpose of resolving technical 
uncertainty associated with the aforementioned ob-
jectives in this subsection. 
‘‘(b) DEFINITIONS.—In this subtitle: 
‘‘(1) 
ADVANCED
NUCLEAR
REACTOR.—The 
term ‘advanced nuclear reactor’ means— 
‘‘(A) a nuclear fission reactor with signifi-
cant improvements over the most recent genera-
tion of nuclear fission reactors, which may in-
clude inherent safety features, lower waste 
yields, greater fuel utilization, superior reli-
ability, resistance to proliferation, and increased 
thermal efficiency; or 
‘‘(B) a nuclear fusion reactor. 
‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 
means a neutron with kinetic energy above 100 
kiloelectron volts. 
‘‘(3) NATIONAL LABORATORY.—The term ‘Na-
tional Laboratory’ has the meaning given that term 
in paragraph (3) of section 2, except that with re-
spect to subparagraphs (G), (H), and (N) of such 
paragraph, for purposes of this subtitle the term in-
cludes only the civilian activities thereof. 
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‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 
means the intensity of neutron radiation measured 
as a rate of flow of neutrons applied over an area. 
‘‘(5) NEUTRON
SOURCE.—The term ‘neutron 
source’ means a research machine that provides neu-
tron irradiation services for research on materials 
sciences and nuclear physics as well as testing of ad-
vanced materials, nuclear fuels, and other related 
components for reactor systems.’’. 
SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE. 
Section 953(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16273(a)) is amended by striking ‘‘, acting 
through the Director of the Office of Nuclear Energy, 
Science and Technology,’’. 
SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER-
ING SUPPORT. 
Section 954(d)(4) of the Energy Policy Act of 2005 
(42 U.S.C. 16274(d)(4)) is amended by striking ‘‘as part 
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of a taking into consideration effort that emphasizes’’ and 
inserting ‘‘that emphasize’’. 
SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR 
INFRASTRUCTURE AND FACILITIES. 
Section 955 of the Energy Policy Act of 2005 (42 
U.S.C. 16275) is amended— 
(1) by striking subsections (c) and (d); and 
(2) by adding at the end the following: 
‘‘(c) VERSATILE NEUTRON SOURCE.— 
‘‘(1) MISSION NEED.—Not later than December 
31, 2016, the Secretary shall determine the mission 
need for a versatile reactor-based fast neutron 
source, which shall operate as a national user facil-
ity. During this process, the Secretary shall consult 
with the private sector, universities, National Lab-
oratories, and relevant Federal agencies to ensure 
that this user facility will meet the research needs 
of the largest possible majority of prospective users. 
‘‘(2) ESTABLISHMENT.—Upon the determina-
tion of mission need made under paragraph (1), the 
Secretary shall, as expeditiously as possible, provide 
to the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a 
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detailed plan for the establishment of the user facil-
ity. 
‘‘(3) FACILITY REQUIREMENTS.— 
‘‘(A) CAPABILITIES.—The Secretary shall 
ensure that this user facility will provide, at a 
minimum, the following capabilities: 
‘‘(i) Fast neutron spectrum irradia-
tion capability. 
‘‘(ii) Capacity for upgrades to accom-
modate new or expanded research needs. 
‘‘(B) CONSIDERATIONS.—In carrying out 
the plan provided under paragraph (2), the Sec-
retary shall consider the following: 
‘‘(i) Capabilities that support experi-
mental high-temperature testing. 
‘‘(ii) Providing a source of fast neu-
trons at a neutron flux, higher than that 
at which current research facilities operate, 
sufficient to enable research for an optimal 
base of prospective users. 
‘‘(iii) Maximizing irradiation flexibility 
and irradiation volume to accommodate as 
many concurrent users as possible. 
‘‘(iv) Capabilities for irradiation with 
neutrons of a lower energy spectrum. 
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‘‘(v) Multiple loops for fuels and ma-
terials testing in different coolants. 
‘‘(vi) Additional pre-irradiation and 
post-irradiation examination capabilities. 
‘‘(vii) Lifetime operating costs and 
lifecycle costs. 
‘‘(4) REPORTING PROGRESS.—The Department 
shall, in its annual budget requests, provide an ex-
planation for any delay in its progress and otherwise 
make every effort to complete construction and ap-
prove the start of operations for this facility by De-
cember 31, 2025. 
‘‘(5) COORDINATION.—The Secretary shall le-
verage the best practices for management, construc-
tion, and operation of national user facilities from 
the Office of Science.’’. 
SEC. 3307. SECURITY OF NUCLEAR FACILITIES. 
Section 956 of the Energy Policy Act of 2005 (42 
U.S.C. 16276) is amended by striking ‘‘, acting through 
the Director of the Office of Nuclear Energy, Science and 
Technology,’’. 
SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUP-
PORTIVE RESEARCH. 
Section 957 of the Energy Policy Act of 2005 (42 
U.S.C. 16277) is amended to read as follows: 
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‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP-
PORTIVE RESEARCH. 
‘‘(a) MODELING AND SIMULATION.—The Secretary 
shall carry out a program to enhance the Nation’s capa-
bilities to develop new reactor technologies through high- 
performance computation modeling and simulation tech-
niques. This program shall coordinate with relevant Fed-
eral agencies through the National Strategic Computing 
Initiative created under Executive Order No. 13702 (July 
29, 2015) while taking into account the following objec-
tives: 
‘‘(1) Utilizing expertise from the private sector, 
universities, and National Laboratories to develop 
computational software and capabilities that pro-
spective users may access to accelerate research and 
development of advanced nuclear reactor systems 
and reactor systems for space exploration. 
‘‘(2) Developing computational tools to simulate 
and predict nuclear phenomena that may be vali-
dated through physical experimentation. 
‘‘(3) Increasing the utility of the Department’s 
research infrastructure by coordinating with the Ad-
vanced Scientific Computing Research program 
within the Office of Science. 
‘‘(4) Leveraging experience from the Energy In-
novation Hub for Modeling and Simulation. 
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‘‘(5) Ensuring that new experimental and com-
putational tools are accessible to relevant research 
communities. 
‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec-
retary shall consider support for additional research activi-
ties to maximize the utility of its research facilities, includ-
ing physical processes to simulate degradation of materials 
and behavior of fuel forms and for validation of computa-
tional tools.’’. 
SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION. 
Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 
‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 
The Secretary shall carry out a program to enable the 
testing and demonstration of reactor concepts to be pro-
posed and funded by the private sector. The Secretary 
shall leverage the technical expertise of relevant Federal 
agencies and National Laboratories in order to minimize 
the time required to enable construction and operation of 
privately funded experimental reactors at National Lab-
oratories or other Department-owned sites. Such reactors 
shall operate to meet the following objectives: 
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‘‘(1) Enabling physical validation of novel reac-
tor concepts. 
‘‘(2) Resolving technical uncertainty and in-
creasing practical knowledge relevant to safety, resil-
ience, security, and functionality of first-of-a-kind 
reactor concepts. 
‘‘(3) General research and development to im-
prove nascent technologies. 
‘‘(b) REPORTING REQUIREMENT.—Not later than 
180 days after the date of enactment of the Nuclear En-
ergy Innovation Capabilities Act, the Secretary, in con-
sultation with the National Laboratories, relevant Federal 
agencies, and other stakeholders, shall transmit to the 
Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report assessing 
the Department’s capabilities to authorize, host, and over-
see privately funded experimental advanced nuclear reac-
tors as described under subsection (a). The report shall 
address the following: 
‘‘(1) The Department’s oversight capabilities, 
including options to leverage expertise from the Nu-
clear Regulatory Commission and National Labora-
tories. 
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‘‘(2) Potential sites capable of hosting activities 
described under subsection (a). 
‘‘(3) The efficacy of the Department’s available 
contractual mechanisms to partner with the private 
sector and Federal agencies, including cooperative 
research and development agreements, strategic 
partnership projects, and agreements for commer-
cializing technology. 
‘‘(4) Potential cost structures related to long- 
term projects, including physical security, distribu-
tion of liability, and other related costs. 
‘‘(5) Other challenges or considerations identi-
fied by the Secretary.’’. 
SEC. 3310. BUDGET PLAN. 
(a) IN GENERAL.—Subtitle E of title IX of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is fur-
ther amended by adding at the end the following: 
‘‘SEC. 959. BUDGET PLAN. 
‘‘Not later than 12 months after the date of enact-
ment of the Nuclear Energy Innovation Capabilities Act, 
the Department shall transmit to the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate 2 alternative 10-year budget 
plans for civilian nuclear energy research and development 
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by the Department. The first shall assume constant an-
nual funding for 10 years at the appropriated level for 
the Department’s civilian nuclear energy research and de-
velopment for fiscal year 2016. The second shall be an 
unconstrained budget. The two plans shall include— 
‘‘(1) a prioritized list of the Department’s pro-
grams, projects, and activities to best support the 
development of advanced nuclear reactor tech-
nologies; 
‘‘(2) realistic budget requirements for the De-
partment to implement sections 955(c), 957, and 
958 of this Act; and 
‘‘(3) the Department’s justification for con-
tinuing or terminating existing civilian nuclear en-
ergy research and development programs.’’. 
(b) REPORT
ON FUSION INNOVATION.—Not later 
than 6 months after the date of enactment of this title, 
the Secretary of the Department of Energy shall transmit 
to the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report that 
will identify engineering designs for innovative fusion en-
ergy systems that have the potential to demonstrate net 
energy production not later than 15 years after the start 
of construction. In this report, the Secretary will identify 
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budgetary requirements that would be necessary for the 
Department to carry out a fusion innovation initiative to 
accelerate research and development of these designs. 
SEC. 3311. CONFORMING AMENDMENTS. 
The table of contents for the Energy Policy Act of 
2005 is amended by striking the item relating to section 
957 and inserting the following: 
‘‘957. High-performance computation and supportive research. 
‘‘958. Enabling nuclear energy innovation. 
‘‘959. Budget plan.’’. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $14,950,000 for fis-
cal year 2017 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINIS-
TRATION. 
Funds are hereby authorized to be appropriated for 
fiscal year 2017, to be available without fiscal year limita-
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tion if so provided in appropriations Acts, for the use of 
the Department of Transportation for Maritime Adminis-
tration programs associated with maintaining the United 
States merchant marine, as follows: 
(1) For expenses necessary for operations of the 
United 
States 
Merchant 
Marine 
Academy, 
$99,902,000. 
(2) For expenses necessary to support the State 
maritime academies, $29,550,000. 
(3) For expenses necessary to support Maritime 
Administration 
operations 
and 
programs, 
$58,694,000. 
(4) For expenses necessary to dispose of vessels 
in the National Defense Reserve Fleet, $20,000,000, 
to remain available until expended. 
(5) For expenses to maintain and preserve a 
United States-flag merchant marine to serve the na-
tional security needs of the United States under 
chapter 531 of title 46, United States Code, 
$299,997,000. 
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SEC. 3502. AUTHORITY TO MAKE PRO RATA ANNUAL PAY-
MENTS 
UNDER 
OPERATING 
AGREEMENTS 
FOR VESSELS PARTICIPATING IN MARITIME 
SECURITY FLEET. 
Section 53106(d) of title 46, United States Code, is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) by adding at the end following: 
‘‘(4) may make a pro rata reduction in payment 
if sufficient funds have not been appropriated to pay 
the full annual payment authorized in subsection 
(a).’’. 
SEC. 3503. AUTHORITY TO EXTEND CERTAIN AGE RESTRIC-
TIONS RELATING TO VESSELS IN THE MARI-
TIME SECURITY FLEET. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Section 53102 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(g) AUTHORITY TO EXTEND MAXIMUM SERVICE 
AGE FOR VESSEL.—The Secretary of Defense, in conjunc-
tion with the Secretary of Transportation, may, for a par-
ticular participating fleet vessel, extend the maximum age 
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restrictions under section 53101(5)(A)(ii) and section 
53106(c)(3) for a period of up to 5 years if the Secretaries 
jointly determine that it is in the national interest to do 
so.’’. 
(2) CONFORMING AMENDMENT.—The heading 
of subsection (f) of such section is amended to read 
as follows: ‘‘AUTHORITY TO WAIVE AGE RESTRIC-
TION FOR ELIGIBILITY OF A VESSEL TO BE IN-
CLUDED IN FLEET.—’’. 
(b) REPEAL OF REDUNDANT AGE LIMITATION.— 
Section 53106(c)(3) of such title is amended— 
(1) in subparagraph (A), by striking ‘‘or (C);’’ 
and inserting ‘‘; or’’; 
(2) in subparagraph (B), by striking ‘‘; or’’ and 
inserting a period; and 
(3) by striking subparagraph (C). 
SEC. 3504. CORRECTIONS TO PROVISIONS ENACTED BY 
COAST GUARD AUTHORIZATION ACTS. 
(a) SHORT TITLE CORRECTION.—The Coast Guard 
Authorization Act of 2015 (Public Law 114–120) is 
amended by striking ‘‘Coast Guard Authorization Act of 
2015’’ each place it appears (including in quoted material) 
and inserting ‘‘Coast Guard Authorization Act of 2016’’. 
(b) TITLE 46, U.S.C.— 
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(1) Section 7510 of title 46, United States 
Code, is amended— 
(A) in subsection (c)(1)(D), by striking 
‘‘engine’’ and inserting ‘‘engineer’’; and 
(B) in subsection (c)(9), by inserting a pe-
riod after ‘‘App’’; 
(2) Section 4503(f)(2) of title 46, United States 
Code, is amended by striking ‘‘, that’’ and inserting 
‘‘, then’’. 
(c) PROVISIONS RELATING TO THE PRIBILOF IS-
LANDS.— 
(1) SHORT TITLE CORRECTION.—Section 521 
of the Coast Guard Authorization Act of 2016 (Pub-
lic Law 114–120), as amended by subsection (a), is 
further amended by striking ‘‘2015’’ and inserting 
‘‘2016’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
105(e)(1) of the Pribilof Islands Transition Act (16 
U.S.C. 1161 note; Public Law 106–562) is amended 
by striking ‘‘2015’’ and inserting ‘‘2016’’. 
(3) 
TECHNICAL
CORRECTION.—Section 
522(b)(2) of the Coast Guard Authorization Act of 
2016 (Public Law 114–120), as amended by sub-
section (a), is further amended by striking ‘‘sub-
section (a)’’ and inserting ‘‘paragraph (1)’’. 
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(d) TITLE 14, UNITED STATES CODE.— 
(1) REDISTRIBUTION OF AUTHORIZATIONS OF 
APPROPRIATIONS.—Section 2702 of title 14, United 
States Code, is amended— 
(A) in paragraph (1)(B), by striking 
‘‘$6,981,036,000’’ 
and 
inserting 
‘‘$6,986,815,000’’; and 
(B) in paragraph (3)(B), by striking 
‘‘$140,016,000’’ 
and 
inserting 
‘‘$134, 
237,000’’. 
(2) CLERICAL AMENDMENT.—The analysis at 
the beginning of part III of title 14, United States 
Code, is amended by striking the period at the end 
of the item relating to chapter 29. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of Public Law 114–120. 
SEC. 3505. STATUS OF NATIONAL DEFENSE RESERVE FLEET 
VESSELS. 
Section 11 of the Merchant Ship Sales Act of 1946 
(50 U.S.C. 4405) is amended— 
(1) in subsection (a), by adding at the end the 
following: ‘‘Vessels in the National Defense Reserve 
Fleet, including vessels loaned to State Maritime 
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Academies, shall be considered public vessels of the 
United States.’’; and 
(2) by adding at the end the following: 
‘‘(g) VESSEL STATUS.—A vessel in the National De-
fense Reserve Fleet determined by the Maritime Adminis-
tration to be of insufficient value to remain in the National 
Defense Reserve Fleet shall remain a vessel within the 
meaning of that term in section 3 of title 1 and subject 
to the rights and responsibilities of a vessel under admi-
ralty law at least until such time as the vessel is delivered 
to a dismantling facility or is disposed of otherwise from 
the National Defense Reserve Fleet.’’. 
SEC. 3506. NDRF NATIONAL SECURITY MULTI-MISSION VES-
SEL. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations for fiscal year 2017 and each fiscal year 
thereafter, the Maritime Administrator shall seek to con-
tract for construction of a national security multi-mission 
vessel for the National Defense Reserve Fleet for— 
(1) use as a training vessel that can be provided 
to 
State 
maritime 
academies, 
under 
section 
51504(b) of title 46, United States Code; and 
(2) humanitarian assistance, disaster response, 
domestic and foreign emergency contingency oper-
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ations, and other authorized uses of vessels of the 
National Defense Reserve Fleet. 
(b) CONSTRUCTION AND DOCUMENTATION REQUIRE-
MENTS.—A vessel constructed under this section shall— 
(1) be constructed in a private United States 
shipyard; 
(2) be constructed in accordance with designs 
approved by the Maritime Administrator; and 
(3) meet— 
(A) the safety requirements of the Coast 
Guard as a documented vessel; and 
(B) the content standards of the Coast 
Guard to qualify the vessel for a coastwise en-
dorsement as if such vessel were a privately 
owned and operated commercial vessel; and 
(4) be documented under section 12103 of title 
46, United States Code. 
(c) DESIGN STANDARDS AND CONSTRUCTION PRAC-
TICES.—Subject to subsection (b), construction of a vessel 
under this section shall use commercial design standards 
and commercial construction practices that are consistent 
with the best interests of the Federal Government. 
(d) GENERAL AGENT REQUIREMENT.—The Mari-
time Administrator shall enter into a contract or other 
agreement with the Secretary of the Navy under which 
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the Navy shall act as general agent for the Maritime Ad-
ministration for purposes of construction of a vessel under 
this section. 
(e) CONTRACTS WITH OTHER FEDERAL ENTITIES.— 
The Maritime Administrator may contract on a reimburs-
able basis with other Federal entities for goods and serv-
ices in connection with this section and other associated 
future activities. 
(f) CONTRACTORS.—Any contractor selected by the 
Maritime Administration through its general agent to con-
struct the vessel under (a) shall be an entity established 
under the laws of the United States or of a State, com-
monwealth, or territory of the United States, that during 
the five-year period preceding the date of the enactment 
of this Act, either directly or through a subsidiary, com-
pleted the construction of a vessel in excess of 10,000 
gross tons and documented under section 12103 of title 
46, United States Code. 
(g) REPEAL OF PLAN APPROVAL REQUIREMENT.— 
Section 109(j)(3) of title 49, United States Code, is re-
pealed. 
SEC. 3507. UNITED STATES MERCHANT MARINE ACADEMY. 
(a) IN GENERAL.—Section 51301 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘(c) SUPERINTENDENT.—The immediate command 
of the United States Merchant Marine Academy shall be 
in the Superintendent of the Academy, subject to the di-
rection of the Maritime Administrator under the general 
supervision of the Secretary of Transportation. The Sec-
retary of Transportation shall appoint the Superintendent 
from the senior ranks of the United States merchant ma-
rine, maritime industry, or from the retired list of flag- 
rank Navy or Coast Guard officers who have significant 
afloat command experience. Due to the unique mission of 
the Academy, it is highly desirable that the Super-
intendent be a graduate of the Academy and have attained 
an unlimited merchant mariner officer’s license. 
‘‘(d) COMMANDANT OF MIDSHIPMEN.—Subject to the 
direction of the Superintendent, the Commandant is the 
immediate commander of the Regiment of Midshipmen 
and is responsible for the instruction of all midshipmen 
in maritime professionalism, ethics, leadership, and mili-
tary bearing necessary for future service as a licensed offi-
cer in the merchant marine and a commissioned officer 
in the uniformed services. The Commandant shall be ap-
pointed from the senior ranks of the United States mer-
chant marine, maritime industry, or from the retired list 
of flag-rank Navy or Coast Guard officers who possess sig-
nificant merchant marine experience. It is highly desirable 
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that the Commandant have attained an unlimited mer-
chant mariner officer’s license and is a graduate of United 
States Merchant Marine Academy.’’. 
(b) LIMITATION ON APPLICATION.—The amendment 
made by subsection (a) shall not apply with respect to the 
individual serving on the date of the enactment of this Act 
as the Superintendent of the United States Merchant Ma-
rine Academy. 
SEC. 3508. USE OF NATIONAL DEFENSE RESERVE FLEET 
SCRAPPING PROCEEDS. 
Section 308704(a)(1)(C) of title 54, United States 
Code, is amended to read as follows: 
‘‘(C) The remainder shall be available to 
the Secretary to carry out the Program, as pro-
vided in subsection (b).’’. 
SEC. 3509. FLOATING DRY DOCKS. 
Section 55122 of title 46, United States Code, is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DRYDOCKS FOR CONSTRUCTION OF CERTAIN 
NAVAL VESSELS.— 
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‘‘(1) IN GENERAL.—In the application of sub-
section (a)(1)(C) to a floating drydock used for the 
construction of naval vessels in a United States ship-
yard, ‘December 19, 2017’ shall be substituted for 
the date referred to in that subsection if the Sec-
retary of the Navy determines that— 
‘‘(A) such a drydock is necessary for the 
timely completion of such construction; and 
‘‘(B)(i) such drydock is owned and oper-
ated by— 
‘‘(I) a shipyard located in the United 
States that is an eligible owner specified 
under section 12103(b); or 
‘‘(II) an affiliate of such a shipyard; 
or 
‘‘(ii) such drydock is— 
‘‘(I) 
notwithstanding 
subsection 
(a)(1)(B), owned by the State in which the 
shipyard is located or a political subdivi-
sion of that State; and 
‘‘(II) operated by a shipyard located 
in the United States that is an eligible 
owner specified under section 12103(b). 
‘‘(2) NOTICE TO CONGRESS.—No later than 30 
days after making a determination under paragraph 
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(1), the Secretary of the Navy shall notify the Com-
mittee on Armed Services and the Committee on 
Transportation and Infrastructure of House of Rep-
resentatives and the Committee on Armed Services 
and the Committee on Commerce, Science, and 
Transportation of the Senate of such a determina-
tions.’’. 
SEC. 3510. EXPEDITED PROCESSING OF APPLICATIONS FOR 
TRANSPORTATION 
SECURITY 
CARDS 
FOR 
SEPARATING 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND VETERANS. 
(a) IN GENERAL.—Section 70105 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(r) EXPEDITED ISSUANCE FOR SEPARATING SERV-
ICE MEMBERS.—The Secretary shall, using authority 
available under other provisions of law— 
‘‘(1) seek to expedite processing of applications 
for transportation security cards under this section 
for members of the Armed Forces who are sepa-
rating from active duty service with a discharge 
other than a dishonorable discharge; 
‘‘(2) in consultation with the Secretary of De-
fense— 
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‘‘(A) enhance efforts of the Department of 
Homeland Security in assisting members of the 
Armed Forces who are separating from active 
duty service with receiving a transportation se-
curity card, including by— 
‘‘(i) including under the Transition 
Assistance Program under section 1144 of 
title 10— 
‘‘(I) applications for such cards; 
and 
‘‘(II) a form by which such a 
member may grant the member’s per-
mission for government agencies to 
disclose to the Department of Home-
land Security findings of background 
investigations of such member, for 
consideration by the Department in 
processing the member’s application 
for a transportation security card; 
‘‘(ii) providing opportunities for local 
officials of the department in which the 
Coast Guard is operating to partner with 
military installations for that purpose; and 
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‘‘(iii) ensuring that such members of 
the Armed Forces are aware of opportuni-
ties to apply for such cards; 
‘‘(B) seek to educate members of the 
Armed Forces with competencies that are 
transferable to maritime industries regarding— 
‘‘(i) opportunities for employment in 
such industries; and 
‘‘(ii) the requirements and qualifica-
tions for, and duties associated with, trans-
portation security cards; and 
‘‘(C) cooperate with other Federal agencies 
to expedite the transfer to the Secretary the 
findings of relevant background investigations 
and security clearances; and 
‘‘(3) issue or deny a transportation security 
card under this section for a veteran by not later 
than 13 days after the date of the submission of the 
application for the card, unless there is a substantial 
problem with the application that prevents compli-
ance with this paragraph.’’. 
(b) REPORTS.—Not later than 6 months after the 
date of the enactment of this Act, and annually thereafter 
for each of the subsequent 2 years, the Secretary of the 
department in which the Coast Guard is operating, in con-
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sultation with the Secretary of Defense, shall submit a re-
port to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate describing 
and assessing the efforts of such department to implement 
the amendment made by this section. 
SEC. 3511. TRAINING UNDER TRANSITION ASSISTANCE 
PROGRAM ON EMPLOYMENT OPPORTUNITIES 
ASSOCIATED WITH TRANSPORTATION SECU-
RITY CARDS. 
(a) IN GENERAL.—Section 1144(b) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(10) Acting through the Secretary of the de-
partment in which the Coast Guard is operating, 
provide information on career opportunities for em-
ployment available to members with transportation 
security cards issued under section 70105 of title 
46.’’. 
(b) DEADLINE
FOR IMPLEMENTATION.—The pro-
gram carried out under section 1144 of title 10, United 
States Code, shall comply with the requirements of sub-
section (b)(10) of such section, as added by subsection (a), 
by not later than 180 days after the date of the enactment 
of this Act. 
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SEC. 3512. APPLICATION OF LAW. 
Section 4301 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(d) For purposes of any Federal law except the Fed-
eral Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
any vessel, including a foreign vessel, being repaired or 
dismantled is deemed to be a recreational vessel, as de-
fined under section 2101(25), during such repair or dis-
mantling, if that vessel— 
‘‘(1) shares elements of design and construction 
of traditional recreational vessels (as so defined); 
and 
‘‘(2) when operating is not normally engaged in 
a military, commercial, or traditionally commercial 
undertaking.’’. 
TITLE XXXVI—BALLAST WATER 
SEC. 3601. SHORT TITLE. 
This title may be cited as the ‘‘Vessel Incidental Dis-
charge Act’’. 
SEC. 3602. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AQUATIC
NUISANCE
SPECIES.—The term 
‘‘aquatic nuisance species’’ means a nonindigenous 
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species (including a pathogen) that threatens the di-
versity or abundance of native species or the ecologi-
cal stability of navigable waters or commercial, agri-
cultural, aquacultural, or recreational activities de-
pendent on such waters. 
(3) BALLAST WATER.— 
(A) IN
GENERAL.—The term ‘‘ballast 
water’’ means any water, including any sedi-
ment suspended in such water, taken aboard a 
vessel— 
(i) to control trim, list, draught, sta-
bility, or stresses of the vessel; or 
(ii) during the cleaning, maintenance, 
or other operation of a ballast water treat-
ment technology of the vessel. 
(B) 
EXCLUSIONS.—The 
term 
‘‘ballast 
water’’ does not include any pollutant that is 
added to water described in subparagraph (A) 
that is not directly related to the operation of 
a properly functioning ballast water treatment 
technology under this title. 
(4) BALLAST
WATER
PERFORMANCE
STAND-
ARD.—The term ‘‘ballast water performance stand-
ard’’ means the numerical ballast water discharge 
standard set forth in section 151.2030 of title 33, 
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Code of Federal Regulations, or section 151.1511 of 
title 33, Code of Federal Regulations, as applicable, 
or a revised numerical ballast water performance 
standard established under subsection (a)(1)(B), (b), 
or (c) of section 3604 of this title. 
(5) BALLAST WATER TREATMENT TECHNOLOGY 
OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 
water treatment technology’’ or ‘‘treatment tech-
nology’’ means any mechanical, physical, chemical, 
or biological process used, alone or in combination, 
to remove, render harmless, or avoid the uptake or 
discharge of, aquatic nuisance species within ballast 
water. 
(6) BIOCIDE.—The term ‘‘biocide’’ means a 
substance or organism, including a virus or fungus, 
that is introduced into or produced by a ballast 
water treatment technology to reduce or eliminate 
aquatic nuisance species as part of the process used 
to comply with a ballast water performance standard 
under this title. 
(7) DISCHARGE INCIDENTAL TO THE NORMAL 
OPERATION OF A VESSEL.— 
(A) IN
GENERAL.—The term ‘‘discharge 
incidental to the normal operation of a vessel’’ 
means— 
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(i) a discharge into navigable waters 
from a vessel of— 
(I)(aa) ballast water, graywater, 
bilge water, cooling water, oil water 
separator effluent, anti-fouling hull 
coating leachate, boiler or economizer 
blowdown, byproducts from cathodic 
protection, controllable pitch propeller 
and thruster hydraulic fluid, distilla-
tion and reverse osmosis brine, eleva-
tor pit effluent, firemain system efflu-
ent, freshwater layup effluent, gas 
turbine wash water, motor gasoline 
and compensating effluent, refrigera-
tion and air condensate effluent, sea-
water pumping biofouling prevention 
substances, boat engine wet exhaust, 
sonar dome effluent, exhaust gas 
scrubber washwater, or stern tube 
packing gland effluent; or 
(bb) any other pollutant associ-
ated with the operation of a marine 
propulsion system, shipboard maneu-
vering system, habitability system, or 
installed major equipment, or from a 
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protective, preservative, or absorptive 
application to the hull of a vessel; 
(II) weather deck runoff, deck 
wash, aqueous film forming foam ef-
fluent, chain locker effluent, non-oily 
machinery 
wastewater, 
underwater 
ship husbandry effluent, welldeck ef-
fluent, or fish hold and fish hold 
cleaning effluent; or 
(III) any effluent from a properly 
functioning marine engine; or 
(ii) a discharge of a pollutant into 
navigable waters in connection with the 
testing, maintenance, or repair of a sys-
tem, equipment, or engine described in 
subclause (I)(bb) or (III) of clause (i) 
whenever the vessel is waterborne. 
(B) EXCLUSIONS.—The term ‘‘discharge 
incidental to the normal operation of a vessel’’ 
does not include— 
(i) a discharge into navigable waters 
from a vessel of— 
(I) rubbish, trash, garbage, incin-
erator ash, or other such material dis-
charged overboard; 
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(II) oil or a hazardous substance, 
as those terms are defined in section 
311 of the Federal Water Pollution 
Control Act (33 U.S.C. 1321); 
(III) sewage, as defined in sec-
tion 312(a)(6) of the Federal Water 
Pollution Control Act (33 U.S.C. 
1322(a)(6)); or 
(IV) graywater referred to in sec-
tion 312(a)(6) of the Federal Water 
Pollution Control Act (33 U.S.C. 
1322(a)(6)); 
(ii) an emission of an air pollutant re-
sulting from the operation onboard a vessel 
of a vessel propulsion system, motor driven 
equipment, or incinerator; or 
(iii) a discharge into navigable waters 
from a vessel when the vessel is operating 
in a capacity other than as a means of 
transportation on water. 
(8) GEOGRAPHICALLY
LIMITED
AREA.—The 
term ‘‘geographically limited area’’ means an area— 
(A) with a physical limitation, including 
limitation by physical size and limitation by au-
thorized route, that prevents a vessel from oper-
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ating outside the area, as determined by the 
Secretary; or 
(B) that is ecologically homogeneous, as 
determined by the Secretary, in consultation 
with the heads of other Federal departments or 
agencies as the Secretary considers appropriate. 
(9) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person engaged in the manufacture, 
assemblage, or importation of ballast water treat-
ment technology. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
(11) VESSEL.—The term ‘‘vessel’’ means every 
description of watercraft or other artificial contriv-
ance used, or practically or otherwise capable of 
being used, as a means of transportation on water. 
SEC. 3603. REGULATION AND ENFORCEMENT. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Administrator, shall establish and implement en-
forceable uniform national standards and requirements for 
the regulation of discharges incidental to the normal oper-
ation of a vessel. The standards and requirements shall— 
(1) be based upon the best available technology 
economically achievable; and 
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(2) supersede any permitting requirement or 
prohibition on discharges incidental to the normal 
operation of a vessel under any other provision of 
law. 
(b) ADMINISTRATION
AND
ENFORCEMENT.—The 
Secretary shall administer and enforce the uniform na-
tional standards and requirements under this title. Each 
State may enforce the uniform national standards and re-
quirements under this title. 
SEC. 3604. UNIFORM NATIONAL STANDARDS AND REQUIRE-
MENTS 
FOR 
THE 
REGULATION 
OF 
DIS-
CHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A VESSEL. 
(a) REQUIREMENTS.— 
(1) BALLAST WATER MANAGEMENT REQUIRE-
MENTS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the requirements set 
forth in the final rule, Standards for Living Or-
ganisms in Ships’ Ballast Water Discharged in 
U.S. Waters (77 Fed. Reg. 17254 (March 23, 
2012), as corrected at 77 Fed. Reg. 33969 
(June 8, 2012)), shall be the management re-
quirements for a ballast water discharge inci-
dental to the normal operation of a vessel until 
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the Secretary revises the ballast water perform-
ance standard under subsection (b) or adopts a 
more stringent State standard under subpara-
graph (B) of this paragraph. 
(B) ADOPTION
OF
MORE
STRINGENT 
STATE STANDARD.—If the Secretary makes a 
determination in favor of a State petition under 
section 3609, the Secretary shall adopt the 
more stringent ballast water performance 
standard specified in the statute or regulation 
that is the subject of that State petition in lieu 
of the ballast water performance standard in 
the final rule described under subparagraph 
(A). 
(2) INITIAL MANAGEMENT REQUIREMENTS FOR 
DISCHARGES OTHER THAN BALLAST WATER.—Not 
later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Ad-
ministrator, shall issue a final rule establishing best 
management practices for discharges incidental to 
the normal operation of a vessel other than ballast 
water. 
(b) REVISED
BALLAST
WATER
PERFORMANCE 
STANDARD; 7–YEAR REVIEW.— 
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(1) IN GENERAL.—Subject to the feasibility re-
view under paragraph (2), not later than January 1, 
2022, the Secretary, in consultation with the Admin-
istrator, shall issue a final rule revising the ballast 
water performance standard under subsection (a)(1) 
so that a ballast water discharge incidental to the 
normal operation of a vessel will contain— 
(A) less than 1 living organism per 10 
cubic meters that is 50 or more micrometers in 
minimum dimension; 
(B) less than 1 living organism per 10 mil-
liliters that is less than 50 micrometers in min-
imum dimension and more than 10 micrometers 
in minimum dimension; 
(C) concentrations of indicator microbes 
that are less than— 
(i) 
colony-forming 
unit 
of 
toxicogenic Vibrio cholera (serotypes O1 
and O139) per 100 milliliters or less than 
1 colony-forming unit of that microbe per 
gram of wet weight of zoological samples; 
(ii) 126 colony-forming units of esch-
erichia coli per 100 milliliters; and 
(iii) 33 colony-forming units of intes-
tinal enterococci per 100 milliliters; and 
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(D) concentrations of such additional indi-
cator microbes and of viruses as may be speci-
fied in regulations issued by the Secretary, in 
consultation with the Administrator and such 
other Federal agencies as the Secretary and the 
Administrator consider appropriate. 
(2) FEASIBILITY REVIEW.— 
(A) IN GENERAL.—Not later than January 
1, 2020, the Secretary, in consultation with the 
Administrator, shall complete a review to deter-
mine the feasibility of achieving the revised bal-
last water performance standard under para-
graph (1). 
(B) CRITERIA FOR REVIEW OF BALLAST 
WATER
PERFORMANCE
STANDARD.—In con-
ducting a review under subparagraph (A), the 
Secretary shall consider whether revising the 
ballast water performance standard will result 
in a scientifically demonstrable and substantial 
reduction in the risk of introduction or estab-
lishment of aquatic nuisance species, taking 
into account— 
(i) improvements in the scientific un-
derstanding of biological and ecological 
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processes that lead to the introduction or 
establishment of aquatic nuisance species; 
(ii) improvements in ballast water 
treatment technology, including— 
(I) the capability of such treat-
ment technology to achieve a revised 
ballast water performance standard; 
(II) the effectiveness and reli-
ability of such treatment technology in 
the shipboard environment; 
(III) the compatibility of such 
treatment technology with the design 
and operation of a vessel by class, 
type, and size; 
(IV) the commercial availability 
of such treatment technology; and 
(V) the safety of such treatment 
technology; 
(iii) improvements in the capabilities 
to detect, quantify, and assess the viability 
of aquatic nuisance species at the con-
centrations under consideration; 
(iv) the impact of ballast water treat-
ment technology on water quality; and 
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(v) the costs, cost-effectiveness, and 
impacts of— 
(I) a revised ballast water per-
formance standard, including the po-
tential impacts on shipping, trade, 
and other uses of the aquatic environ-
ment; and 
(II) maintaining the existing bal-
last water performance standard, in-
cluding the potential impacts on 
water-related 
infrastructure, 
recre-
ation, propagation of native fish, 
shellfish, and wildlife, and other uses 
of navigable waters. 
(C) 
LOWER
REVISED
PERFORMANCE 
STANDARD.— 
(i) IN GENERAL.—If the Secretary, in 
consultation with the Administrator, deter-
mines, on the basis of the feasibility review 
and after an opportunity for a public hear-
ing, that no ballast water treatment tech-
nology can be certified under section 3605 
to comply with the revised ballast water 
performance standard under paragraph 
(1), the Secretary shall require the use of 
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the treatment technology that achieves the 
performance levels of the best treatment 
technology available. 
(ii) IMPLEMENTATION DEADLINE.—If 
the Secretary, in consultation with the Ad-
ministrator, determines that the treatment 
technology under clause (i) cannot be im-
plemented before the implementation dead-
line under paragraph (3) with respect to a 
class of vessels, the Secretary shall extend 
the implementation deadline for that class 
of vessels for not more than 36 months. 
(iii) COMPLIANCE.—If the implemen-
tation deadline under paragraph (3) is ex-
tended, the Secretary shall recommend ac-
tion to ensure compliance with the ex-
tended 
implementation 
deadline 
under 
clause (ii). 
(D) 
HIGHER
REVISED
PERFORMANCE 
STANDARD.— 
(i) IN GENERAL.—If the Secretary, in 
consultation with the Administrator, deter-
mines that ballast water treatment tech-
nology exists that exceeds the revised bal-
last water performance standard under 
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paragraph (1) with respect to a class of 
vessels, the Secretary shall revise the bal-
last water performance standard for that 
class of vessels to incorporate the higher 
performance standard. 
(ii) IMPLEMENTATION DEADLINE.—If 
the Secretary, in consultation with the Ad-
ministrator, determines that the treatment 
technology under clause (i) can be imple-
mented before the implementation deadline 
under paragraph (3) with respect to a 
class of vessels, the Secretary shall accel-
erate the implementation deadline for that 
class of vessels. If the implementation 
deadline under paragraph (3) is acceler-
ated, the Secretary shall provide not less 
than 24 months notice before the acceler-
ated deadline takes effect. 
(3) IMPLEMENTATION DEADLINE.—The revised 
ballast water performance standard under paragraph 
(1) shall apply to a vessel beginning on the date of 
the first drydocking of the vessel on or after Janu-
ary 1, 2022, but not later than December 31, 2024. 
(4) REVISED
PERFORMANCE
STANDARD
COM-
PLIANCE DEADLINES.— 
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(A) IN GENERAL.—The Secretary may es-
tablish a compliance deadline for compliance by 
a vessel (or a class, type, or size of vessel) with 
a revised ballast water performance standard 
under this subsection. 
(B) PROCESS
FOR
GRANTING
EXTEN-
SIONS.—In issuing regulations under this sub-
section, the Secretary shall establish a process 
for an owner or operator to submit a petition 
to the Secretary for an extension of a compli-
ance deadline with respect to the vessel of the 
owner or operator. 
(C) PERIOD OF EXTENSIONS.—An exten-
sion issued under subparagraph (B) may— 
(i) apply for a period of not to exceed 
18 months from the date of the applicable 
deadline under subparagraph (A); and 
(ii) be renewable for an additional pe-
riod of not to exceed 18 months. 
(D) FACTORS.—In issuing a compliance 
deadline or reviewing a petition under this 
paragraph, the Secretary shall consider, with 
respect to the ability of an owner or operator to 
meet a compliance deadline, the following fac-
tors: 
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(i) Whether the treatment technology 
to be installed is available in sufficient 
quantities to meet the compliance deadline. 
(ii) Whether there is sufficient ship-
yard or other installation facility capacity. 
(iii) Whether there is sufficient avail-
ability of engineering and design resources. 
(iv) Vessel characteristics, such as en-
gine room size, layout, or a lack of in-
stalled piping. 
(v) Electric power generating capacity 
aboard the vessel. 
(vi) Safety of the vessel and crew. 
(E) CONSIDERATION OF PETITIONS.— 
(i) DETERMINATIONS.—The Secretary 
shall approve or deny a petition for an ex-
tension of a compliance deadline submitted 
by an owner or operator under this para-
graph. 
(ii) DEADLINE.—If the Secretary does 
not approve or deny a petition referred to 
in clause (i) on or before the last day of 
the 90-day period beginning on the date of 
submission of the petition, the petition 
shall be deemed approved. 
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(c) FUTURE REVISIONS
OF VESSEL INCIDENTAL 
DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 
(1) REVISED BALLAST WATER PERFORMANCE 
STANDARDS.—The Secretary, in consultation with 
the Administrator, shall complete a review, 10 years 
after the issuance of a final rule under subsection 
(b) and every 10 years thereafter, to determine 
whether further revision of the ballast water per-
formance standard would result in a scientifically de-
monstrable and substantial reduction in the risk of 
the introduction or establishment of aquatic nui-
sance species. 
(2) REVISED
STANDARDS
FOR
DISCHARGES 
OTHER THAN BALLAST WATER.—The Secretary, in 
consultation with the Administrator, may include in 
a decennial review under this subsection best man-
agement practices for discharges covered by sub-
section (a)(2). The Secretary shall initiate a rule-
making to revise 1 or more best management prac-
tices for such discharges after a decennial review if 
the Secretary, in consultation with the Adminis-
trator, determines that revising 1 or more of such 
practices would substantially reduce the impacts on 
navigable waters of discharges incidental to the nor-
mal operation of a vessel other than ballast water. 
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(3) CONSIDERATIONS.—In conducting a review 
under paragraph (1), the Secretary, the Adminis-
trator, and the heads of other appropriate Federal 
agencies as determined by the Secretary, shall con-
sider the criteria under subsection (b)(2)(B). 
(4) REVISION
AFTER
DECENNIAL
REVIEW.— 
The Secretary shall initiate a rulemaking to revise 
the current ballast water performance standard after 
a decennial review if the Secretary, in consultation 
with the Administrator, determines that revising the 
current ballast water performance standard would 
result in a scientifically demonstrable and substan-
tial reduction in the risk of the introduction or es-
tablishment of aquatic nuisance species. 
SEC. 3605. TREATMENT TECHNOLOGY CERTIFICATION. 
(a) CERTIFICATION REQUIRED.—Beginning 60 days 
after the date that the requirements for testing protocols 
are issued under subsection (i), no manufacturer of a bal-
last water treatment technology shall sell, offer for sale, 
or introduce or deliver for introduction into interstate 
commerce, or import into the United States for sale or 
resale, a ballast water treatment technology for a vessel 
unless the treatment technology has been certified under 
this section. 
(b) CERTIFICATION PROCESS.— 
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(1) EVALUATION.—Upon application of a man-
ufacturer, the Secretary shall evaluate a ballast 
water treatment technology with respect to— 
(A) the effectiveness of the treatment tech-
nology in achieving the current ballast water 
performance standard when installed on a ves-
sel (or a class, type, or size of vessel); 
(B) the compatibility with vessel design 
and operations; 
(C) the effect of the treatment technology 
on vessel safety; 
(D) the impact on the environment; 
(E) the cost effectiveness; and 
(F) any other criteria the Secretary con-
siders appropriate. 
(2) APPROVAL.—If after an evaluation under 
paragraph (1) the Secretary determines that the 
treatment technology meets the criteria, the Sec-
retary may certify the treatment technology for use 
on a vessel (or a class, type, or size of vessel). 
(3) SUSPENSION AND REVOCATION.—The Sec-
retary shall establish, by regulation, a process to 
suspend or revoke a certification issued under this 
section. 
(c) CERTIFICATION CONDITIONS.— 
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(1) IMPOSITION OF CONDITIONS.—In certifying 
a ballast water treatment technology under this sec-
tion, the Secretary, in consultation with the Admin-
istrator, may impose any condition on the subse-
quent installation, use, or maintenance of the treat-
ment technology onboard a vessel as is necessary 
for— 
(A) the safety of the vessel, the crew of the 
vessel, and any passengers aboard the vessel; 
(B) the protection of the environment; or 
(C) the effective operation of the treatment 
technology. 
(2) FAILURE TO COMPLY.—The failure of an 
owner or operator to comply with a condition im-
posed under paragraph (1) shall be considered a vio-
lation of this section. 
(d) PERIOD FOR USE OF INSTALLED TREATMENT 
EQUIPMENT.—Notwithstanding anything to the contrary 
in this title or any other provision of law, the Secretary 
shall allow a vessel on which a system is installed and op-
erated to meet a ballast water performance standard 
under this title to continue to use that system, notwith-
standing any revision of a ballast water performance 
standard occurring after the system is ordered or installed 
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until the expiration of the service life of the system, as 
determined by the Secretary, so long as the system— 
(1) is maintained in proper working condition; 
and 
(2) is maintained and used in accordance with 
the manufacturer’s specifications and any treatment 
technology certification conditions imposed by the 
Secretary under this section. 
(e) CERTIFICATES
OF TYPE APPROVAL
FOR
THE 
TREATMENT TECHNOLOGY.— 
(1) ISSUANCE.—If the Secretary approves a 
ballast water treatment technology for certification 
under subsection (b), the Secretary shall issue a cer-
tificate of type approval for the treatment technology 
to the manufacturer in such form and manner as the 
Secretary determines appropriate. 
(2) CERTIFICATION CONDITIONS.—A certificate 
of type approval issued under paragraph (1) shall 
specify each condition imposed by the Secretary 
under subsection (c). 
(3) OWNERS
AND
OPERATORS.—A manufac-
turer that receives a certificate of type approval for 
the treatment technology under this subsection shall 
provide a copy of the certificate to each owner and 
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operator of a vessel on which the treatment tech-
nology is installed. 
(f) INSPECTIONS.—An owner or operator who re-
ceives a copy of a certificate under subsection (e)(3) shall 
retain a copy of the certificate onboard the vessel and 
make the copy of the certificate available for inspection 
at all times while the owner or operator is utilizing the 
treatment technology. 
(g) BIOCIDES.—The Secretary may not approve a 
ballast water treatment technology under subsection (b) 
if— 
(1) it uses a biocide or generates a biocide that 
is a pesticide, as defined in section 2 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136), unless the biocide is registered under 
that Act or the Secretary, in consultation with Ad-
ministrator, has approved the use of the biocide in 
such treatment technology; or 
(2) it uses or generates a biocide the discharge 
of which causes or contributes to a violation of a 
water quality standard under section 303 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1313). 
(h) PROHIBITION.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), the use of a ballast water treatment tech-
nology by an owner or operator of a vessel shall not 
satisfy the requirements of this title unless it has 
been approved by the Secretary under subsection 
(b). 
(2) EXCEPTIONS.— 
(A) COAST
GUARD
SHIPBOARD
TECH-
NOLOGY EVALUATION PROGRAM.—An owner or 
operator may use a ballast water treatment 
technology that has not been certified by the 
Secretary to comply with the requirements of 
this section if the technology is being evaluated 
under the Coast Guard Shipboard Technology 
Evaluation Program. 
(B) BALLAST WATER TREATMENT TECH-
NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 
An owner or operator may use a ballast water 
treatment technology that has not been certified 
by the Secretary to comply with the require-
ments of this section if the technology has been 
certified by a foreign entity and the certification 
demonstrates performance and safety of the 
treatment technology equivalent to the require-
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ments of this section, as determined by the Sec-
retary. 
(i) TESTING PROTOCOLS.—Not later than 180 days 
after the date of enactment of this Act, the Administrator, 
in consultation with the Secretary, shall issue require-
ments for land-based and shipboard testing protocols or 
criteria for— 
(1) certifying the performance of each ballast 
water treatment technology under this section; and 
(2) certifying laboratories to evaluate such 
treatment technologies. 
SEC. 3606. EXEMPTIONS. 
(a) IN GENERAL.—No permit shall be required or 
prohibition enforced under any other provision of law for, 
nor shall any standards regarding a discharge incidental 
to the normal operation of a vessel under this title apply 
to— 
(1) a discharge incidental to the normal oper-
ation of a vessel if the vessel is less than 79 feet in 
length and engaged in commercial service (as de-
fined in section 2101(5) of title 46, United States 
Code); 
(2) a discharge incidental to the normal oper-
ation of a vessel if the vessel is a fishing vessel, in-
cluding a fish processing vessel and a fish tender 
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vessel (as defined in section 2101 of title 46, United 
States Code); 
(3) a discharge incidental to the normal oper-
ation of a vessel if the vessel is a recreational vessel 
(as defined in section 2101(25) of title 46, United 
States Code); 
(4) the placement, release, or discharge of 
equipment, devices, or other material from a vessel 
for the sole purpose of conducting research on the 
aquatic environment or its natural resources in ac-
cordance with generally recognized scientific meth-
ods, principles, or techniques; 
(5) any discharge into navigable waters from a 
vessel authorized by an on-scene coordinator in ac-
cordance with part 300 of title 40, Code of Federal 
Regulations, or part 153 of title 33, Code of Federal 
Regulations; 
(6) any discharge into navigable waters from a 
vessel that is necessary to secure the safety of the 
vessel or human life, or to suppress a fire onboard 
the vessel or at a shoreside facility; or 
(7) a vessel of the armed forces of a foreign na-
tion when engaged in noncommercial service. 
(b) BALLAST WATER DISCHARGES.—No permit shall 
be required or prohibition enforced under any other provi-
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sion of law for, nor shall any ballast water performance 
standards under this title apply to— 
(1) a ballast water discharge incidental to the 
normal operation of a vessel determined by the Sec-
retary to— 
(A) operate exclusively within a geographi-
cally limited area; 
(B) take up and discharge ballast water 
exclusively within 1 Captain of the Port Zone 
established by the Coast Guard, unless the Sec-
retary determines such discharge poses a sub-
stantial risk of introduction or establishment of 
an aquatic nuisance species; 
(C) operate pursuant to a geographic re-
striction issued as a condition under section 
3309 of title 46, United States Code, or an 
equivalent restriction issued by the country of 
registration of the vessel; or 
(D) continuously take on and discharge 
ballast water in a flow-through system that 
does not introduce aquatic nuisance species into 
navigable waters; 
(2) a ballast water discharge incidental to the 
normal operation of a vessel consisting entirely of 
water suitable for human consumption; or 
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(3) a ballast water discharge incidental to the 
normal operation of a vessel in an alternative com-
pliance program established pursuant to section 
3607. 
(c) VESSELS WITH PERMANENT BALLAST WATER.— 
No permit shall be required or prohibition enforced under 
any other provision of law for, nor shall any ballast water 
performance standard under this title apply to, a vessel 
that carries all of its permanent ballast water in sealed 
tanks that are not subject to discharge. 
(d) VESSELS OF THE ARMED FORCES.—Nothing in 
this title shall be construed to apply to the following ves-
sels: 
(1) A vessel owned or operated by the Depart-
ment of Defense (other than a time-chartered or 
voyage-chartered vessel). 
(2) A vessel of the Coast Guard, as designated 
by the Secretary of the department in which the 
Coast Guard is operating. 
SEC. 3607. ALTERNATIVE COMPLIANCE PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Administrator, may promulgate regulations es-
tablishing 1 or more compliance programs as an alter-
native to ballast water management regulations issued 
under section 3604 for a vessel that— 
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(1) has a maximum ballast water capacity of 
less than 8 cubic meters; 
(2) is less than 3 years from the end of the use-
ful life of the vessel, as determined by the Secretary; 
or 
(3) discharges ballast water into a facility for 
the reception of ballast water that meets standards 
promulgated by the Administrator, in consultation 
with the Secretary. 
(b) PROMULGATION OF FACILITY STANDARDS.—Not 
later than 1 year after the date of enactment of this Act, 
the Administrator, in consultation with the Secretary, 
shall promulgate standards for— 
(1) the reception of ballast water from a vessel 
into a reception facility; and 
(2) the disposal or treatment of the ballast 
water under paragraph (1). 
SEC. 3608. JUDICIAL REVIEW. 
(a) IN GENERAL.—An interested person may file a 
petition for review of a final regulation promulgated under 
this title in the United States Court of Appeals for the 
District of Columbia Circuit. 
(b) DEADLINE.—A petition shall be filed not later 
than 120 days after the date that notice of the promulga-
tion appears in the Federal Register. 
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(c) EXCEPTION.—Notwithstanding subsection (b), a 
petition that is based solely on grounds that arise after 
the deadline to file a petition under subsection (b) has 
passed may be filed not later than 120 days after the date 
that the grounds first arise. 
SEC. 3609. EFFECT ON STATE AUTHORITY. 
(a) IN GENERAL.—No State or political subdivision 
thereof may adopt or enforce any statute or regulation of 
the State or political subdivision with respect to a dis-
charge incidental to the normal operation of a vessel after 
the date of enactment of this Act. 
(b) SAVINGS CLAUSE.—Notwithstanding subsection 
(a), a State or political subdivision thereof may enforce 
a statute or regulation of the State or political subdivision 
with respect to ballast water discharges incidental to the 
normal operation of a vessel that specifies a ballast water 
performance standard that is more stringent than the bal-
last 
water 
performance 
standard 
under 
section 
3604(a)(1)(A) and is in effect on the date of enactment 
of this Act if the Secretary, after consultation with the 
Administrator and any other Federal department or agen-
cy the Secretary considers appropriate, makes a deter-
mination that— 
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(1) compliance with any performance standard 
specified in the statute or regulation can in fact be 
achieved and detected; 
(2) the technology and systems necessary to 
comply with the statute or regulation are commer-
cially available; and 
(3) the statute or regulation is consistent with 
obligations under relevant international treaties or 
agreements to which the United States is a party. 
(c) PETITION PROCESS.— 
(1) SUBMISSION.—The Governor of a State 
seeking to enforce a statute or regulation under sub-
section (b) shall submit a petition requesting the 
Secretary to review the statute or regulation. 
(2) CONTENTS; DEADLINE.—A petition shall— 
(A) be accompanied by the scientific and 
technical information on which the petition is 
based; and 
(B) be submitted to the Secretary not later 
than 90 days after the date of enactment of 
this Act. 
(3) DETERMINATIONS.—The Secretary shall 
make a determination on a petition under this sub-
section not later than 90 days after the date that 
the petition is received. 
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SEC. 3610. APPLICATION WITH OTHER STATUTES. 
Notwithstanding any other provision of law, this title 
shall be the exclusive statutory authority for regulation by 
the Federal Government of discharges incidental to the 
normal operation of a vessel to which this title applies. 
Except as provided under section 3604(a)(1)(A), any reg-
ulation in effect on the date immediately preceding the ef-
fective date of this Act relating to any permitting require-
ment for or prohibition on discharges incidental to the 
normal operation of a vessel to which this title applies 
shall be deemed to be a regulation issued pursuant to the 
authority of this title and shall remain in full force and 
effect unless or until superseded by new regulations issued 
hereunder. 
DIVISION D—FUNDING TABLES 
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA-
BLES. 
(a) IN GENERAL.—Whenever a funding table in this 
division specifies a dollar amount authorized for a project, 
program, or activity, the obligation and expenditure of the 
specified dollar amount for the project, program, or activ-
ity is hereby authorized, subject to the availability of ap-
propriations. 
(b) MERIT-BASED DECISIONS.—A decision to com-
mit, obligate, or expend funds with or to a specific entity 
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on the basis of a dollar amount authorized pursuant to 
subsection (a) shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
(c) RELATIONSHIP TO TRANSFER AND PROGRAM-
MING AUTHORITY.—An amount specified in the funding 
tables in this division may be transferred or repro-
grammed under a transfer or reprogramming authority 
provided by another provision of this Act or by other law. 
The transfer or reprogramming of an amount specified in 
such funding tables shall not count against a ceiling on 
such transfers or reprogrammings under section 1001 or 
section 1522 of this Act or any other provision of law, 
unless such transfer or reprogramming would move funds 
between appropriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This 
section applies to any classified annex that accompanies 
this Act. 
(e) ORAL
AND WRITTEN COMMUNICATIONS.—No 
oral or written communication concerning any amount 
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specified in the funding tables in this division shall super-
sede the requirements of this section. 
TITLE XLI—PROCUREMENT 
SEC. 4101. PROCUREMENT. 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
House 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
FIXED WING 
001 
UTILITY F/W AIRCRAFT ........................................................................................
57,529 
57,529 
003 
MQ–1 UAV ..................................................................................................................
55,388 
84,988 
Ground Mounted Airspace Deconfliction Radar ..................................................
[29,600 ] 
ROTARY 
006 
AH–64 APACHE BLOCK IIIA REMAN ..................................................................
803,084 
803,084 
007 
ADVANCE PROCUREMENT (CY) ......................................................................
185,160 
185,160 
008 
UH–60 BLACKHAWK M MODEL (MYP) ...............................................................
755,146 
755,146 
009 
ADVANCE PROCUREMENT (CY) ......................................................................
174,107 
174,107 
010 
UH–60 BLACK HAWK A AND L MODELS ...........................................................
46,173 
46,173 
011 
CH–47 HELICOPTER ...............................................................................................
556,257 
556,257 
012 
ADVANCE PROCUREMENT (CY) ......................................................................
8,707 
8,707 
MODIFICATION OF AIRCRAFT 
013 
MQ–1 PAYLOAD (MIP) ............................................................................................
43,735 
43,735 
015 
MULTI SENSOR ABN RECON (MIP) ....................................................................
94,527 
94,527 
016 
AH–64 MODS .............................................................................................................
137,883 
137,883 
017 
CH–47 CARGO HELICOPTER MODS (MYP) ........................................................
102,943 
102,943 
018 
GRCS SEMA MODS (MIP) .......................................................................................
4,055 
4,055 
019 
ARL SEMA MODS (MIP) ..........................................................................................
6,793 
6,793 
020 
EMARSS SEMA MODS (MIP) ..................................................................................
13,197 
13,197 
021 
UTILITY/CARGO AIRPLANE MODS ......................................................................
17,526 
17,526 
022 
UTILITY HELICOPTER MODS ..............................................................................
10,807 
10,807 
023 
NETWORK AND MISSION PLAN ..........................................................................
74,752 
74,752 
024 
COMMS, NAV SURVEILLANCE ..............................................................................
69,960 
69,960 
025 
GATM ROLLUP .........................................................................................................
45,302 
45,302 
026 
RQ–7 UAV MODS ......................................................................................................
71,169 
71,169 
027 
UAS MODS .................................................................................................................
21,804 
26,224 
Realign APS Unit Set Requirements from OCO .................................................
[4,420 ] 
GROUND SUPPORT AVIONICS 
028 
AIRCRAFT SURVIVABILITY EQUIPMENT .........................................................
67,377 
67,377 
029 
SURVIVABILITY CM ................................................................................................
9,565 
9,565 
030 
CMWS ..........................................................................................................................
41,626 
41,626 
OTHER SUPPORT 
032 
AVIONICS SUPPORT EQUIPMENT .......................................................................
7,007 
7,007 
033 
COMMON GROUND EQUIPMENT .........................................................................
48,234 
48,234 
034 
AIRCREW INTEGRATED SYSTEMS .....................................................................
30,297 
30,297 
035 
AIR TRAFFIC CONTROL ........................................................................................
50,405 
50,405 
036 
INDUSTRIAL FACILITIES .....................................................................................
1,217 
1,217 
037 
LAUNCHER, 2.75 ROCKET .....................................................................................
3,055 
3,055 
TOTAL AIRCRAFT PROCUREMENT, ARMY .................................
3,614,787 
3,648,807 
MISSILE PROCUREMENT, ARMY 
SURFACE-TO-AIR MISSILE SYSTEM 
001 
LOWER TIER AIR AND MISSILE DEFENSE (AMD) .........................................
126,470 
126,470 
002 
MSE MISSILE ............................................................................................................
423,201 
423,201 
003 
ADVANCE PROCUREMENT (CY) ......................................................................
19,319 
19,319 
AIR-TO-SURFACE MISSILE SYSTEM 
004 
HELLFIRE SYS SUMMARY ....................................................................................
42,013 
42,013 
005 
JOINT AIR-TO-GROUND MSLS (JAGM) ...............................................................
64,751 
64,751 
006 
ADVANCE PROCUREMENT (CY) ......................................................................
37,100 
37,100 
ANTI-TANK/ASSAULT MISSILE SYS 
007 
JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................
73,508 
89,075 
Realign APS Unit Set Requirements from OCO .................................................
[15,567 ] 
008 
TOW 2 SYSTEM SUMMARY ....................................................................................
64,922 
145,574 
Realign APS Unit Set Requirements from OCO .................................................
[80,652 ] 
009 
ADVANCE PROCUREMENT (CY) ......................................................................
19,949 
19,949 
010 
GUIDED MLRS ROCKET (GMLRS) .......................................................................
172,088 
248,079 
Realign APS Unit Set Requirements from OCO .................................................
[75,991 ] 
011 
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .................................
18,004 
18,004 
MODIFICATIONS 
013 
PATRIOT MODS ........................................................................................................
197,107 
197,107 
014 
ATACMS MODS .........................................................................................................
150,043 
150,043 
015 
GMLRS MOD ..............................................................................................................
395 
395 
017 
AVENGER MODS ......................................................................................................
33,606 
33,606 
018 
ITAS/TOW MODS ......................................................................................................
383 
383 
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SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
House 
Authorized 
019 
MLRS MODS ..............................................................................................................
34,704 
34,704 
020 
HIMARS MODIFICATIONS .....................................................................................
1,847 
1,847 
SPARES AND REPAIR PARTS 
021 
SPARES AND REPAIR PARTS ...............................................................................
34,487 
34,487 
SUPPORT EQUIPMENT & FACILITIES 
022 
AIR DEFENSE TARGETS .......................................................................................
4,915 
4,915 
024 
PRODUCTION BASE SUPPORT .............................................................................
1,154 
1,154 
TOTAL MISSILE PROCUREMENT, ARMY .....................................
1,519,966 
1,692,176 
PROCUREMENT OF W&TCV, ARMY 
TRACKED COMBAT VEHICLES 
001 
STRYKER VEHICLE ................................................................................................
71,680 
71,680 
MODIFICATION OF TRACKED COMBAT VEHICLES 
002 
STRYKER (MOD) ......................................................................................................
74,348 
74,348 
003 
STRYKER UPGRADE ...............................................................................................
444,561 
444,561 
005 
BRADLEY PROGRAM (MOD) .................................................................................
276,433 
276,433 
006 
HOWITZER, MED SP FT 155MM M109A6 (MOD) ...............................................
63,138 
63,138 
007 
PALADIN INTEGRATED MANAGEMENT (PIM) ................................................
469,305 
594,489 
Realign APS Unit Set Requirements from OCO .................................................
[125,184 ] 
008 
IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) .................................
91,963 
91,963 
009 
ASSAULT BRIDGE (MOD) ......................................................................................
3,465 
9,415 
Realign APS Unit Set Requirements from OCO .................................................
[5,950 ] 
010 
ASSAULT BREACHER VEHICLE ..........................................................................
2,928 
2,928 
011 
M88 FOV MODS ........................................................................................................
8,685 
8,685 
012 
JOINT ASSAULT BRIDGE ......................................................................................
64,752 
64,752 
013 
M1 ABRAMS TANK (MOD) ......................................................................................
480,166 
480,166 
014 
ABRAMS UPGRADE PROGRAM .............................................................................
172,200 
Realign APS Unit Set Requirements from OCO .................................................
[172,200 ] 
WEAPONS & OTHER COMBAT VEHICLES 
016 
INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ..................................
9,764 
9,764 
017 
MORTAR SYSTEMS ..................................................................................................
8,332 
8,332 
018 
XM320 GRENADE LAUNCHER MODULE (GLM) ...............................................
3,062 
3,062 
019 
COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ...............................................
992 
992 
020 
CARBINE ....................................................................................................................
40,493 
40,493 
021 
COMMON REMOTELY OPERATED WEAPONS STATION ................................
25,164 
25,164 
MOD OF WEAPONS AND OTHER COMBAT VEH 
022 
MK–19 GRENADE MACHINE GUN MODS ...........................................................
4,959 
4,959 
023 
M777 MODS ...............................................................................................................
11,913 
11,913 
024 
M4 CARBINE MODS .................................................................................................
29,752 
29,752 
025 
M2 50 CAL MACHINE GUN MODS ........................................................................
48,582 
48,582 
026 
M249 SAW MACHINE GUN MODS .........................................................................
1,179 
1,179 
027 
M240 MEDIUM MACHINE GUN MODS ................................................................
1,784 
1,784 
028 
SNIPER RIFLES MODIFICATIONS .......................................................................
971 
971 
029 
M119 MODIFICATIONS ...........................................................................................
6,045 
6,045 
030 
MORTAR MODIFICATION ......................................................................................
12,118 
12,118 
031 
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ........................................
3,157 
3,157 
SUPPORT EQUIPMENT & FACILITIES 
032 
ITEMS LESS THAN $5.0M (WOCV-WTCV) ...........................................................
2,331 
2,331 
035 
SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ........................................
3,155 
3,155 
036 
BRADLEY PROGRAM ..............................................................................................
72,800 
Realign APS Unit Set Requirements from OCO .................................................
[72,800 ] 
TOTAL PROCUREMENT OF W&TCV, ARMY ................................
2,265,177 
2,641,311 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES ......................................................................................
40,296 
40,296 
002 
CTG, 7.62MM, ALL TYPES ......................................................................................
39,237 
48,879 
Realign APS Unit Set Requirements from OCO .................................................
[9,642 ] 
003 
CTG, HANDGUN, ALL TYPES ...............................................................................
5,193 
5,193 
004 
CTG, .50 CAL, ALL TYPES .....................................................................................
46,693 
52,691 
Realign APS Unit Set Requirements from OCO .................................................
[5,998 ] 
005 
CTG, 20MM, ALL TYPES .........................................................................................
7,000 
8,077 
Realign APS Unit Set Requirements from OCO .................................................
[1,077 ] 
006 
CTG, 25MM, ALL TYPES .........................................................................................
7,753 
34,987 
Program reduction ...............................................................................................
[–1,300 ] 
Realign APS Unit Set Requirements from OCO .................................................
[28,534 ] 
007 
CTG, 30MM, ALL TYPES .........................................................................................
47,000 
47,000 
008 
CTG, 40MM, ALL TYPES .........................................................................................
118,178 
115,501 
Realign APS Unit Set Requirements from OCO .................................................
[7,423 ] 
Unobligated balances ...........................................................................................
[–10,100 ] 
MORTAR AMMUNITION 
009 
60MM MORTAR, ALL TYPES .................................................................................
69,784 
69,784 
010 
81MM MORTAR, ALL TYPES .................................................................................
36,125 
38,802 
Realign APS Unit Set Requirements from OCO .................................................
[2,677 ] 
011 
120MM MORTAR, ALL TYPES ...............................................................................
69,133 
69,133 
TANK AMMUNITION 
012 
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .................................
120,668 
129,667 
Realign APS Unit Set Requirements from OCO .................................................
[8,999 ] 
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SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
House 
Authorized 
ARTILLERY AMMUNITION 
013 
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ...............................
64,800 
64,800 
014 
ARTILLERY PROJECTILE, 155MM, ALL TYPES ...............................................
109,515 
129,863 
Realign APS Unit Set Requirements from OCO .................................................
[20,348 ] 
015 
PROJ 155MM EXTENDED RANGE M982 .............................................................
39,200 
39,340 
Realign APS Unit Set Requirements from OCO .................................................
[140 ] 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................
70,881 
95,536 
Realign APS Unit Set Requirements from OCO .................................................
[24,655 ] 
MINES 
017 
MINES & CLEARING CHARGES, ALL TYPES ....................................................
16,866 
Realign APS Unit Set Requirements from OCO .................................................
[16,866 ] 
NETWORKED MUNITIONS 
018 
SPIDER NETWORK MUNITIONS, ALL TYPES ..................................................
10,353 
Realign APS Unit Set Requirements from OCO .................................................
[10,353 ] 
ROCKETS 
019 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES .........................................
38,000 
101,210 
Realign APS Unit Set Requirements from OCO .................................................
[63,210 ] 
020 
ROCKET, HYDRA 70, ALL TYPES ........................................................................
87,213 
87,213 
OTHER AMMUNITION 
021 
CAD/PAD, ALL TYPES ............................................................................................
4,914 
4,914 
022 
DEMOLITION MUNITIONS, ALL TYPES .............................................................
6,380 
12,753 
Realign APS Unit Set Requirements from OCO .................................................
[6,373 ] 
023 
GRENADES, ALL TYPES ........................................................................................
22,760 
26,903 
Realign APS Unit Set Requirements from OCO .................................................
[4,143 ] 
024 
SIGNALS, ALL TYPES .............................................................................................
10,666 
12,518 
Realign APS Unit Set Requirements from OCO .................................................
[1,852 ] 
025 
SIMULATORS, ALL TYPES ....................................................................................
7,412 
7,412 
MISCELLANEOUS 
026 
AMMO COMPONENTS, ALL TYPES ......................................................................
12,726 
12,726 
027 
NON-LETHAL AMMUNITION, ALL TYPES .........................................................
6,100 
6,873 
Realign APS Unit Set Requirements from OCO .................................................
[773 ] 
028 
ITEMS LESS THAN $5 MILLION (AMMO) ..........................................................
10,006 
10,006 
029 
AMMUNITION PECULIAR EQUIPMENT .............................................................
17,275 
13,575 
Program reduction- excess carryover ...................................................................
[–3,700 ] 
030 
FIRST DESTINATION TRANSPORTATION (AMMO) .........................................
14,951 
14,951 
PRODUCTION BASE SUPPORT 
032 
INDUSTRIAL FACILITIES .....................................................................................
222,269 
242,269 
Program increase .................................................................................................
[20,000 ] 
033 
CONVENTIONAL MUNITIONS DEMILITARIZATION .......................................
157,383 
157,383 
034 
ARMS INITIATIVE ...................................................................................................
3,646 
3,646 
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..................
1,513,157 
1,731,120 
OTHER PROCUREMENT, ARMY 
TACTICAL VEHICLES 
001 
TACTICAL TRAILERS/DOLLY SETS ....................................................................
3,733 
3,733 
002 
SEMITRAILERS, FLATBED: ..................................................................................
3,716 
7,896 
Realign APS Unit Set Requirements from OCO .................................................
[4,180 ] 
003 
HI MOB MULTI-PURP WHLD VEH (HMMWV) ...................................................
50,000 
HMMWV M997A3 ambulance recapitalization for Active Component ...............
[50,000 ] 
004 
GROUND MOBILITY VEHICLES (GMV) ..............................................................
4,907 
4,907 
006 
JOINT LIGHT TACTICAL VEHICLE ....................................................................
587,514 
587,514 
007 
TRUCK, DUMP, 20T (CCE) .....................................................................................
3,927 
3,927 
008 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) .................................................
53,293 
200,769 
Realign APS Unit Set Requirements from OCO .................................................
[147,476 ] 
009 
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ...................................
7,460 
7,460 
010 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .........................................
39,564 
45,686 
Realign APS Unit Set Requirements from OCO .................................................
[6,122 ] 
011 
PLS ESP .....................................................................................................................
11,856 
118,214 
Realign APS Unit Set Requirements from OCO .................................................
[106,358 ] 
012 
HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV .............................
76,561 
Realign APS Unit Set Requirements from OCO .................................................
[76,561 ] 
013 
TACTICAL WHEELED VEHICLE PROTECTION KITS .....................................
49,751 
76,870 
Realign APS Unit Set Requirements from OCO .................................................
[27,119 ] 
014 
MODIFICATION OF IN SVC EQUIP ......................................................................
64,000 
57,456 
Program reduction ...............................................................................................
[–10,000 ] 
Realign APS Unit Set Requirements from OCO .................................................
[3,456 ] 
015 
MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ..............................
10,611 
10,611 
NON-TACTICAL VEHICLES 
016 
HEAVY ARMORED SEDAN .....................................................................................
394 
394 
018 
NONTACTICAL VEHICLES, OTHER ....................................................................
1,755 
1,755 
COMM—JOINT COMMUNICATIONS 
019 
WIN-T—GROUND FORCES TACTICAL NETWORK ...........................................
427,598 
434,170 
Realign APS Unit Set Requirements from OCO .................................................
[6,572 ] 
020 
SIGNAL MODERNIZATION PROGRAM ................................................................
58,250 
58,250 
021 
JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY .............................
5,749 
5,749 
022 
JCSE EQUIPMENT (USREDCOM) .........................................................................
5,068 
5,068 
COMM—SATELLITE COMMUNICATIONS 
023 
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .............................
143,805 
143,805 
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SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
House 
Authorized 
024 
TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS .....................
36,580 
36,580 
025 
SHF TERM .................................................................................................................
1,985 
25,985 
Realign APS Unit Set Requirements from OCO .................................................
[24,000 ] 
027 
SMART-T (SPACE) ....................................................................................................
9,165 
9,165 
COMM—C3 SYSTEM 
031 
ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ...............................................
2,530 
2,530 
COMM—COMBAT COMMUNICATIONS 
033 
HANDHELD MANPACK SMALL FORM FIT (HMS) ...........................................
273,645 
273,645 
034 
MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ..................................
25,017 
25,017 
035 
RADIO TERMINAL SET, MIDS LVT(2) ................................................................
12,326 
12,326 
037 
TRACTOR DESK .......................................................................................................
2,034 
2,034 
038 
TRACTOR RIDE ........................................................................................................
2,334 
2,334 
039 
SPIDER APLA REMOTE CONTROL UNIT ...........................................................
1,985 
1,985 
040 
SPIDER FAMILY OF NETWORKED MUNITIONS INCR ...................................
10,796 
10,796 
042 
TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM .........................
3,607 
3,607 
043 
UNIFIED COMMAND SUITE ..................................................................................
14,295 
14,295 
045 
FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .............................
19,893 
19,893 
COMM—INTELLIGENCE COMM 
047 
CI AUTOMATION ARCHITECTURE ......................................................................
1,388 
1,388 
048 
ARMY CA/MISO GPF EQUIPMENT .......................................................................
5,494 
5,494 
INFORMATION SECURITY 
049 
FAMILY OF BIOMETRICS ......................................................................................
2,978 
2,978 
051 
COMMUNICATIONS SECURITY (COMSEC) .........................................................
131,356 
133,284 
Realign APS Unit Set Requirements from OCO .................................................
[1,928 ] 
052 
DEFENSIVE CYBER OPERATIONS ......................................................................
15,132 
15,132 
COMM—LONG HAUL COMMUNICATIONS 
053 
BASE SUPPORT COMMUNICATIONS ...................................................................
27,452 
27,452 
COMM—BASE COMMUNICATIONS 
054 
INFORMATION SYSTEMS ......................................................................................
122,055 
122,055 
055 
EMERGENCY MANAGEMENT MODERNIZATION PROGRAM .........................
4,286 
4,286 
056 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ..........................
131,794 
131,794 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
059 
JTT/CIBS-M ...............................................................................................................
5,337 
5,337 
062 
DCGS-A (MIP) ............................................................................................................
242,514 
242,514 
063 
JOINT TACTICAL GROUND STATION (JTAGS) ................................................
4,417 
4,417 
064 
TROJAN (MIP) ..........................................................................................................
17,455 
17,615 
Realign APS Unit Set Requirements from OCO .................................................
[160 ] 
065 
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ......................................................
44,965 
44,965 
066 
CI HUMINT AUTO REPRTING AND COLL(CHARCS) .......................................
7,658 
7,658 
067 
CLOSE ACCESS TARGET RECONNAISSANCE (CATR) .....................................
7,970 
7,970 
068 
MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M .......................
545 
545 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
070 
LIGHTWEIGHT COUNTER MORTAR RADAR .....................................................
74,038 
99,930 
Realign APS Unit Set Requirements from OCO .................................................
[25,892 ] 
071 
EW PLANNING & MANAGEMENT TOOLS (EWPMT) ........................................
3,235 
3,235 
072 
AIR VIGILANCE (AV) ...............................................................................................
733 
733 
074 
FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ............................
1,740 
1,740 
075 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .......................
455 
455 
076 
CI MODERNIZATION ...............................................................................................
176 
176 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
077 
SENTINEL MODS .....................................................................................................
40,171 
40,171 
078 
NIGHT VISION DEVICES .......................................................................................
163,029 
163,029 
079 
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ...................................
15,885 
15,885 
080 
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ...................................
48,427 
52,697 
Realign APS Unit Set Requirements from OCO .................................................
[4,270 ] 
081 
FAMILY OF WEAPON SIGHTS (FWS) ..................................................................
55,536 
55,536 
082 
ARTILLERY ACCURACY EQUIP ............................................................................
4,187 
4,187 
085 
JOINT BATTLE COMMAND—PLATFORM (JBC-P) ...........................................
137,501 
137,501 
086 
JOINT EFFECTS TARGETING SYSTEM (JETS) ................................................
50,726 
50,726 
087 
MOD OF IN-SVC EQUIP (LLDR) ...........................................................................
28,058 
28,058 
088 
COMPUTER BALLISTICS: LHMBC XM32 ............................................................
5,924 
5,924 
089 
MORTAR FIRE CONTROL SYSTEM .....................................................................
22,331 
22,621 
Realign APS Unit Set Requirements from OCO .................................................
[290 ] 
090 
COUNTERFIRE RADARS ........................................................................................
314,509 
281,509 
Unit cost savings ..................................................................................................
[–33,000 ] 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
091 
FIRE SUPPORT C2 FAMILY ..................................................................................
8,660 
8,660 
092 
AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................
54,376 
124,334 
Realign APS Unit Set Requirements from OCO .................................................
[69,958 ] 
093 
IAMD BATTLE COMMAND SYSTEM ....................................................................
204,969 
204,969 
094 
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ......................................................
4,718 
4,718 
095 
NETWORK MANAGEMENT INITIALIZATION AND SERVICE ........................
11,063 
11,063 
096 
MANEUVER CONTROL SYSTEM (MCS) ..............................................................
151,318 
151,318 
097 
GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ..................................
155,660 
155,660 
098 
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ..........................
4,214 
4,214 
099 
RECONNAISSANCE AND SURVEYING INSTRUMENT SET ............................
16,185 
16,185 
100 
MOD OF IN-SVC EQUIPMENT (ENFIRE) ............................................................
1,565 
1,565 
ELECT EQUIP—AUTOMATION 
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1317 
HR 4909 PCS
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
House 
Authorized 
101 
ARMY TRAINING MODERNIZATION ...................................................................
17,693 
17,693 
102 
AUTOMATED DATA PROCESSING EQUIP .........................................................
107,960 
107,960 
103 
GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ..........................
6,416 
6,416 
104 
HIGH PERF COMPUTING MOD PGM (HPCMP) .................................................
58,614 
58,614 
105 
CONTRACT WRITING SYSTEM .............................................................................
986 
986 
106 
RESERVE COMPONENT AUTOMATION SYS (RCAS) ........................................
23,828 
23,828 
ELECT EQUIP—AUDIO VISUAL SYS (A/V) 
107 
TACTICAL DIGITAL MEDIA ..................................................................................
1,191 
1,191 
108 
ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ......................................
1,995 
2,091 
Realign APS Unit Set Requirements from OCO .................................................
[96 ] 
ELECT EQUIP—SUPPORT 
109 
PRODUCTION BASE SUPPORT (C-E) ..................................................................
403 
403 
CLASSIFIED PROGRAMS 
110A 
CLASSIFIED PROGRAMS .......................................................................................
4,436 
4,436 
CHEMICAL DEFENSIVE EQUIPMENT 
111 
PROTECTIVE SYSTEMS .........................................................................................
2,966 
2,966 
112 
FAMILY OF NON-LETHAL EQUIPMENT (FNLE) .............................................
9,795 
9,795 
114 
CBRN DEFENSE ......................................................................................................
17,922 
19,763 
Realign APS Unit Set Requirements from OCO .................................................
[1,841 ] 
BRIDGING EQUIPMENT 
115 
TACTICAL BRIDGING .............................................................................................
13,553 
39,553 
Realign APS Unit Set Requirements from OCO .................................................
[26,000 ] 
116 
TACTICAL BRIDGE, FLOAT-RIBBON ..................................................................
25,244 
25,244 
117 
BRIDGE SUPPLEMENTAL SET ............................................................................
983 
983 
118 
COMMON BRIDGE TRANSPORTER (CBT) RECAP ............................................
25,176 
25,176 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
119 
GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .................................
39,350 
39,350 
120 
AREA MINE DETECTION SYSTEM (AMDS) .......................................................
10,500 
10,500 
121 
HUSKY MOUNTED DETECTION SYSTEM (HMDS) ..........................................
274 
274 
122 
ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .................................................
2,951 
2,951 
123 
EOD ROBOTICS SYSTEMS RECAPITALIZATION ..............................................
1,949 
1,949 
124 
ROBOTICS AND APPLIQUE SYSTEMS ................................................................
5,203 
5,471 
Realign APS Unit Set Requirements from OCO .................................................
[268 ] 
125 
EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) .........................
5,570 
5,570 
126 
REMOTE DEMOLITION SYSTEMS .......................................................................
6,238 
6,238 
127 
< $5M, COUNTERMINE EQUIPMENT .................................................................
836 
836 
128 
FAMILY OF BOATS AND MOTORS .......................................................................
3,171 
3,451 
Realign APS Unit Set Requirements from OCO .................................................
[280 ] 
COMBAT SERVICE SUPPORT EQUIPMENT 
129 
HEATERS AND ECU’S ............................................................................................
18,707 
19,601 
Realign APS Unit Set Requirements from OCO .................................................
[894 ] 
130 
SOLDIER ENHANCEMENT ....................................................................................
2,112 
2,112 
131 
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) .....................................
10,856 
10,856 
132 
GROUND SOLDIER SYSTEM .................................................................................
32,419 
32,419 
133 
MOBILE SOLDIER POWER ....................................................................................
30,014 
30,014 
135 
FIELD FEEDING EQUIPMENT .............................................................................
12,544 
15,209 
Realign APS Unit Set Requirements from OCO .................................................
[2,665 ] 
136 
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ........................
18,509 
18,509 
137 
FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS .............................
29,384 
39,173 
Realign APS Unit Set Requirements from OCO .................................................
[9,789 ] 
138 
ITEMS LESS THAN $5M (ENG SPT) ....................................................................
300 
Realign APS Unit Set Requirements from OCO .................................................
[300 ] 
PETROLEUM EQUIPMENT 
139 
QUALITY SURVEILLANCE EQUIPMENT ............................................................
4,487 
9,287 
Realign APS Unit Set Requirements from OCO .................................................
[4,800 ] 
140 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER ........................................
42,656 
63,476 
Realign APS Unit Set Requirements from OCO .................................................
[20,820 ] 
MEDICAL EQUIPMENT 
141 
COMBAT SUPPORT MEDICAL ..............................................................................
59,761 
65,524 
Realign APS Unit Set Requirements from OCO .................................................
[5,763 ] 
MAINTENANCE EQUIPMENT 
142 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ............................................
35,694 
33,803 
Program reduction ...............................................................................................
[–3,500 ] 
Realign APS Unit Set Requirements from OCO .................................................
[1,609 ] 
143 
ITEMS LESS THAN $5.0M (MAINT EQ) ...............................................................
2,716 
2,861 
Realign APS Unit Set Requirements from OCO .................................................
[145 ] 
CONSTRUCTION EQUIPMENT 
144 
GRADER, ROAD MTZD, HVY, 6X4 (CCE) ............................................................
1,742 
4,789 
Realign APS Unit Set Requirements from OCO .................................................
[3,047 ] 
145 
SCRAPERS, EARTHMOVING ..................................................................................
26,233 
26,233 
147 
HYDRAULIC EXCAVATOR .....................................................................................
1,123 
1,123 
148 
TRACTOR, FULL TRACKED ..................................................................................
4,426 
Realign APS Unit Set Requirements from OCO .................................................
[4,426 ] 
149 
ALL TERRAIN CRANES ..........................................................................................
65,285 
65,285 
151 
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ........................................
1,743 
4,643 
Realign APS Unit Set Requirements from OCO .................................................
[2,900 ] 
152 
ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP ................................
2,779 
2,779 
154 
CONST EQUIP ESP ..................................................................................................
26,712 
23,212 
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