National Defense Authorization Act for Fiscal Year 2017
PL 114-328 (S.2943), enacted 12/23/2016

130 STAT. 2000 
PUBLIC LAW 114–328—DEC. 23, 2016 
Public Law 114–328 
114th Congress 
An Act 
To authorize appropriations for fiscal year 2017 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Authorization 
Act for Fiscal Year 2017’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into five divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) Division D—Funding Tables. 
(5) Division E—Uniform Code of Military Justice Reform. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
Sec. 4. Budgetary effects of this Act. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters. 
Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk 
helicopters. 
Sec. 113. Distributed Common Ground System–Army increment 1. 
Sec. 114. Assessment of certain capabilities of the Department of the Army. 
Subtitle C—Navy Programs 
Sec. 121. Determination of vessel delivery dates. 
Sec. 122. Incremental funding for detail design and construction of LHA replace-
ment ship designated LHA 8. 
Sec. 123. Littoral Combat Ship. 
Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels. 
Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-
gram. 
National Defense 
Authorization 
Act for Fiscal 
Year 2017. 
Dec. 23, 2016 
[S. 2943] 
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130 STAT. 2001 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise 
(CVN–80). 
Sec. 127. Sense of Congress on aircraft carrier procurement schedules. 
Sec. 128. Report on P–8 Poseidon aircraft. 
Sec. 129. Design and construction of replacement dock landing ship designated 
LX(R) or amphibious transport dock designated LPD–29. 
Subtitle D—Air Force Programs 
Sec. 131. EC–130H Compass Call recapitalization program. 
Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft. 
Sec. 133. Repeal of requirement to preserve F–117 aircraft in recallable condition. 
Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft. 
Sec. 135. Limitation on availability of funds for destruction of A–10 aircraft in stor-
age status. 
Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance 
Target Attack Radar System aircraft. 
Sec. 137. Elimination of annual report on aircraft inventory. 
Subtitle E—Defense-wide, Joint, and Multiservice Matters 
Sec. 141. Standardization of 5.56mm rifle ammunition. 
Sec. 142. Fire suppressant and fuel containment standards for certain vehicles. 
Sec. 143. Limitation on availability of funds for destruction of certain cluster muni-
tions. 
Sec. 144. Report on Department of Defense munitions strategy for the combatant 
commands. 
Sec. 145. Modifications to reporting on use of combat mission requirements funds. 
Sec. 146. Report on alternative management structures for the F–35 joint strike 
fighter program. 
Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment 
support. 
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle. 
Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed 
Forces. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Laboratory quality enhancement program. 
Sec. 212. Modification of mechanisms to provide funds for defense laboratories for 
research and development of technologies for military missions. 
Sec. 213. Making permanent authority for defense research and development rapid 
innovation program. 
Sec. 214. Authorization for National Defense University and Defense Acquisition 
University to enter into cooperative research and development agree-
ments. 
Sec. 215. Manufacturing Engineering Education Grant Program. 
Sec. 216. Notification requirement for certain rapid prototyping, experimentation, 
and demonstration activities. 
Sec. 217. Increased micro-purchase threshold for research programs and entities. 
Sec. 218. Improved biosafety for handling of select agents and toxins. 
Sec. 219. Designation of Department of Defense senior official with principal re-
sponsibility for directed energy weapons. 
Sec. 220. Restructuring of the distributed common ground system of the Army. 
Sec. 221. Limitation on availability of funds for the countering weapons of mass de-
struction system Constellation. 
Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experi-
mental. 
Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack 
Radar System (JSTARS) recapitalization program. 
Sec. 224. Acquisition program baseline and annual reports on follow-on moderniza-
tion program for F–35 Joint Strike Fighter. 
Subtitle C—Reports and Other Matters 
Sec. 231. Strategy for assured access to trusted microelectronics. 
Sec. 232. Pilot program on evaluation of commercial information technology. 
Sec. 233. Pilot program for the enhancement of the research, development, test, 
and evaluation centers of the Department of Defense. 
Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum 
warfare systems and electronic warfare capabilities. 
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130 STAT. 2002 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 235. Pilot program on disclosure of certain sensitive information to federally 
funded research and development centers. 
Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Re-
search Projects Agency and the service academies. 
Sec. 237. Independent review of F/A–18 physiological episodes and corrective ac-
tions. 
Sec. 238. B–21 bomber development program accountability matrices. 
Sec. 239. Study on helicopter crash prevention and mitigation technology. 
Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare 
Capabilities. 
Sec. 241. Sense of Congress on development and fielding of fifth generation air-
borne systems. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Authorization of appropriations. 
Subtitle B—Energy and Environment 
Sec. 311. Modified reporting requirement related to installations energy manage-
ment. 
Sec. 312. Waiver authority for alternative fuel procurement requirement. 
Sec. 313. Utility data management for military facilities. 
Sec. 314. Alternative technologies for munitions disposal. 
Sec. 315. Report on efforts to reduce high energy costs at military installations. 
Sec. 316. Sense of Congress on funding decisions relating to climate change. 
Subtitle C—Logistics and Sustainment 
Sec. 321. Revision of deployability rating system and planning reform. 
Sec. 322. Revision of guidance relating to corrosion control and prevention execu-
tives. 
Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament 
Retooling and Manufacturing Support Initiative. 
Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards. 
Sec. 325. Private sector port loading assessment. 
Sec. 326. Strategy on revitalizing Army organic industrial base. 
Subtitle D—Reports 
Sec. 331. Modifications to Quarterly Readiness Report to Congress. 
Sec. 332. Report on average travel costs of members of the reserve components. 
Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program. 
Subtitle E—Other Matters 
Sec. 341. Air navigation matters. 
Sec. 342. Contract working dogs. 
Sec. 343. Plan, funding documents, and management review relating to explosive 
ordnance disposal. 
Sec. 344. Process for communicating availability of surplus ammunition. 
Sec. 345. Mitigation of risks posed by window coverings with accessible cords in 
certain military housing units. 
Sec. 346. Access to military installations by transportation companies. 
Sec. 347. Access to wireless high-speed Internet and network connections for cer-
tain members of the Armed Forces. 
Sec. 348. Limitation on availability of funds for Office of the Under Secretary of De-
fense for Intelligence. 
Sec. 349. Limitation on development and fielding of new camouflage and utility 
uniforms. 
Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air 
Force. 
Sec. 351. Independent review and assessment of the Ready Aircrew Program of the 
Air Force. 
Sec. 352. Study on space-available travel system of the Department of Defense. 
Sec. 353. Evaluation of motor carrier safety performance and safety technology. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revisions in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
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130 STAT. 2003 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 412. End strengths for reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Technical corrections to annual authorization for personnel strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Reduction in number of general and flag officers on active duty and au-
thorized strength after December 31, 2022, of such general and flag offi-
cers. 
Sec. 502. Repeal of statutory specification of general or flag officer grade for various 
positions in the Armed Forces. 
Sec. 503. Number of Marine Corps general officers. 
Sec. 504. Promotion eligibility period for officers whose confirmation of appoint-
ment is delayed due to nonavailability to the Senate of probative infor-
mation under control of non-Department of Defense agencies. 
Sec. 505. Continuation of certain officers on active duty without regard to require-
ment for retirement for years of service. 
Sec. 506. Equal consideration of officers for early retirement or discharge. 
Sec. 507. Modification of authority to drop from rolls a commissioned officer. 
Sec. 508. Extension of force management authorities allowing enhanced flexibility 
for officer personnel management. 
Sec. 509. Pilot programs on direct commissions to cyber positions. 
Sec. 510. Length of joint duty assignments. 
Sec. 510A. Revision of definitions used for joint officer management. 
Subtitle B—Reserve Component Management 
Sec. 511. Authority for temporary waiver of limitation on term of service of Vice 
Chief of the National Guard Bureau. 
Sec. 512. Rights and protections available to military technicians. 
Sec. 513. Inapplicability of certain laws to National Guard technicians performing 
active Guard and Reserve duty. 
Sec. 514. Extension of removal of restrictions on the transfer of officers between the 
active and inactive National Guard. 
Sec. 515. Extension of temporary authority to use Air Force reserve component per-
sonnel to provide training and instruction regarding pilot training. 
Sec. 516. Expansion of eligibility for deputy commander of combatant command 
having United States among geographic area of responsibility to include 
officers of the Reserves. 
Subtitle C—General Service Authorities 
Sec. 521. Matters relating to provision of leave for members of the Armed Forces, 
including prohibition on leave not expressly authorized by law. 
Sec. 522. Transfer of provision relating to expenses incurred in connection with 
leave canceled due to contingency operations. 
Sec. 523. Expansion of authority to execute certain military instruments. 
Sec. 524. Medical examination before administrative separation for members with 
post-traumatic stress disorder or traumatic brain injury in connection 
with sexual assault. 
Sec. 525. Reduction of tenure on the temporary disability retired list. 
Sec. 526. Technical correction to voluntary separation pay and benefits. 
Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army 
recruiting. 
Subtitle D—Member Whistleblower Protections and Correction of Military Records 
Sec. 531. Improvements to whistleblower protection procedures. 
Sec. 532. Modification of whistleblower protection authorities to restrict contrary 
findings of prohibited personnel action by the Secretary concerned. 
Sec. 533. Availability of certain Correction of Military Records and Discharge Re-
view Board information through the Internet. 
Sec. 534. Improvements to authorities and procedures for the correction of military 
records. 
Sec. 535. Treatment by discharge review boards of claims asserting post-traumatic 
stress disorder or traumatic brain injury in connection with combat or 
sexual trauma as a basis for review of discharge. 
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130 STAT. 2004 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 536. Comptroller General of the United States review of integrity of Depart-
ment of Defense whistleblower program. 
Subtitle E—Military Justice and Legal Assistance Matters 
Sec. 541. United States Court of Appeals for the Armed Forces. 
Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on 
professional military justice development for judge advocates. 
Sec. 543. Inclusion in annual reports on sexual assault prevention and response ef-
forts of the Armed Forces of information on complaints of retaliation in 
connection with reports of sexual assault in the Armed Forces. 
Sec. 544. Extension of the requirement for annual report regarding sexual assaults 
and coordination with release of Family Advocacy Program report. 
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to prevent and re-
spond to retaliation in connection with reports of sexual assault in the 
Armed Forces. 
Sec. 546. Training for Department of Defense personnel who investigate claims of 
retaliation. 
Sec. 547. Notification to complainants of resolution of investigations into retalia-
tion. 
Sec. 548. Modification of definition of sexual harassment for purposes of investiga-
tions by commanding officers of complaints of harassment. 
Sec. 549. Improved Department of Defense prevention of and response to hazing in 
the Armed Forces. 
Subtitle F—National Commission on Military, National, and Public Service 
Sec. 551. Purpose, scope, and definitions. 
Sec. 552. Preliminary report on purpose and utility of registration system under 
Military Selective Service Act. 
Sec. 553. National Commission on Military, National, and Public Service. 
Sec. 554. Commission hearings and meetings. 
Sec. 555. Principles and procedure for Commission recommendations. 
Sec. 556. Executive Director and staff. 
Sec. 557. Termination of Commission. 
Subtitle G—Member Education, Training, Resilience, and Transition 
Sec. 561. Modification of program to assist members of the Armed Forces in obtain-
ing professional credentials. 
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse 
counseling as part of required preseparation counseling. 
Sec. 563. Inclusion of information in Transition Assistance Program regarding ef-
fect of receipt of both veteran disability compensation and voluntary 
separation pay. 
Sec. 564. Training under Transition Assistance Program on career and employment 
opportunities associated with transportation security cards. 
Sec. 565. Extension of suicide prevention and resilience program. 
Sec. 566. Congressional notification in advance of appointments to service acad-
emies. 
Sec. 567. Report and guidance on Job Training, Employment Skills Training, Ap-
prenticeships, and Internships and SkillBridge initiatives for members 
of the Armed Forces who are being separated. 
Sec. 568. Military-to-mariner transition. 
Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters 
Sec. 571. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 572. One-year extension of authorities relating to the transition and support 
of military dependent students to local educational agencies. 
Sec. 573. Annual notice to members of the Armed Forces regarding child custody 
protections guaranteed by the Servicemembers Civil Relief Act. 
Sec. 574. Requirement for annual Family Advocacy Program report regarding child 
abuse and domestic violence. 
Sec. 575. Reporting on allegations of child abuse in military families and homes. 
Sec. 576. Repeal of Advisory Council on Dependents’ Education. 
Sec. 577. Support for programs providing camp experience for children of military 
families. 
Sec. 578. Comptroller General of the United States assessment and report on Ex-
ceptional Family Member Programs. 
Sec. 579. Impact aid amendments. 
Subtitle I—Decorations and Awards 
Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States 
Air Force, on the retired list. 
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130 STAT. 2005 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 582. Authorization for award of medals for acts of valor during certain contin-
gency operations. 
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and 
James C. McCloughan for acts of valor during the Vietnam War. 
Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieuten-
ant Melvin M. Spruiell for acts of valor during World War II. 
Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain 
(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World 
War II. 
Sec. 586. Review regarding award of Medal of Honor to certain Asian American 
and Native American Pacific Islander war veterans. 
Subtitle J—Miscellaneous Reports and Other Matters 
Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Acad-
emy appointed by the President. 
Sec. 592. Extension of limitation on reduction in number of military and civilian 
personnel assigned to duty with service review agencies. 
Sec. 593. Annual reports on progress of the Army and the Marine Corps in inte-
grating women into military occupational specialities and units recently 
opened to women. 
Sec. 594. Report on feasability of electronic tracking of operational active-duty serv-
ice performed by members of the Ready Reserve of the Armed Forces. 
Sec. 595. Report on discharge by warrant officers of pilot and other flight officer po-
sitions in the Navy, Marine Corps, and Air Force currently discharged 
by commissioned officers. 
Sec. 596. Body mass index test. 
Sec. 597. Report on career progression tracks of the Armed Forces for women in 
combat arms units. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2017 increase in military basic pay. 
Sec. 602. Publication by Department of Defense of actual rates of basic pay payable 
to members of the Armed Forces by pay grade for annual or other pay 
periods. 
Sec. 603. Extension of authority to provide temporary increase in rates of basic al-
lowance for housing under certain circumstances. 
Sec. 604. Reports on a new single-salary pay system for members of the Armed 
Forces. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. Aviation incentive pay and bonus matters. 
Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and 
bonus authorities. 
Sec. 618. Technical amendments relating to 2008 consolidation of certain special 
pay authorities. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Maximum reimbursement amount for travel expenses of members of the 
Reserves attending inactive duty training outside of normal commuting 
distances. 
Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits 
PART I—AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM 
Sec. 631. Election period for members in the service academies and inactive Re-
serves to participate in the modernized retirement system. 
Sec. 632. Effect of separation of members from the uniformed services on participa-
tion in the Thrift Savings Plan. 
Sec. 633. Continuation pay for full Thrift Savings Plan members who have com-
pleted 8 to 12 years of service. 
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130 STAT. 2006 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 634. Combat-related special compensation coordinating amendment. 
PART II—OTHER MATTERS 
Sec. 641. Use of member’s current pay grade and years of service and retired pay 
cost-of-living adjustments, rather than final retirement pay grade and 
years of service, in a division of property involving disposable retired 
pay. 
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve com-
ponent members who die in the line of duty during inactive-duty train-
ing. 
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related 
special compensation when retired pay not sufficient. 
Sec. 644. Extension of allowance covering monthly premium for Servicemembers’ 
Group Life Insurance while in certain overseas areas to cover members 
in any combat zone or overseas direct support area. 
Sec. 645. Authority for payment of pay and allowances and retired and retainer pay 
pursuant to power of attorney. 
Sec. 646. Extension of authority to pay special survivor indemnity allowance under 
the Survivor Benefit Plan. 
Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay. 
Sec. 648. Independent assessment of the Survivor Benefit Plan. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 661. Protection and enhancement of access to and savings at commissaries and 
exchanges. 
Sec. 662. Acceptance of Military Star Card at commissaries. 
Subtitle F—Other Matters 
Sec. 671. Recovery of amounts owed to the United States by members of the uni-
formed services. 
Sec. 672. Modification of flat rate per diem requirement for personnel on long-term 
temporary duty assignments. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Reform of TRICARE and Military Health System 
Sec. 701. TRICARE Select and other TRICARE reform. 
Sec. 702. Reform of administration of the Defense Health Agency and military med-
ical treatment facilities. 
Sec. 703. Military medical treatment facilities. 
Sec. 704. Access to urgent and primary care under TRICARE program. 
Sec. 705. Value-based purchasing and acquisition of managed care support con-
tracts for TRICARE program. 
Sec. 706. Establishment of high performance military-civilian integrated health de-
livery systems. 
Sec. 707. Joint Trauma System. 
Sec. 708. Joint Trauma Education and Training Directorate. 
Sec. 709. Standardized system for scheduling medical appointments at military 
treatment facilities. 
Subtitle B—Other Health Care Benefits 
Sec. 711. Extended TRICARE program coverage for certain members of the Na-
tional Guard and dependents during certain disaster response duty. 
Sec. 712. Continuity of health care coverage for Reserve Components. 
Sec. 713. Provision of hearing aids to dependents of retired members. 
Sec. 714. Coverage of medically necessary food and vitamins for certain conditions 
under the TRICARE program. 
Sec. 715. Eligibility of certain beneficiaries under the TRICARE program for par-
ticipation in the Federal Employees Dental and Vision Insurance Pro-
gram. 
Sec. 716. Applied behavior analysis. 
Sec. 717. Evaluation and treatment of veterans and civilians at military treatment 
facilities. 
Sec. 718. Enhancement of use of telehealth services in military health system. 
Sec. 719. Authorization of reimbursement by Department of Defense to entities car-
rying out State vaccination programs for costs of vaccines provided to 
covered beneficiaries. 
Subtitle C—Health Care Administration 
Sec. 721. Authority to convert military medical and dental positions to civilian 
medical and dental positions. 
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130 STAT. 2007 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 722. Prospective payment of funds necessary to provide medical care for the 
Coast Guard. 
Sec. 723. Reduction of administrative requirements relating to automatic renewal 
of enrollments in TRICARE Prime. 
Sec. 724. Modification of authority of Uniformed Services University of the Health 
Sciences to include undergraduate and other medical education and 
training programs. 
Sec. 725. Adjustment of medical services, personnel authorized strengths, and in-
frastructure in military health system to maintain readiness and core 
competencies of health care providers. 
Sec. 726. Program to eliminate variability in health outcomes and improve quality 
of health care services delivered in military medical treatment facilities. 
Sec. 727. Acquisition strategy for health care professional staffing services. 
Sec. 728. Adoption of core quality performance metrics. 
Sec. 729. Improvement of health outcomes and control of costs of health care under 
TRICARE program through programs to involve covered beneficiaries. 
Sec. 730. Accountability for the performance of the military health system of cer-
tain leaders within the system. 
Sec. 731. Establishment of advisory committees for military treatment facilities. 
Subtitle D—Reports and Other Matters 
Sec. 741. Extension of authority for joint Department of Defense-Department of 
Veterans Affairs Medical Facility Demonstration Fund and report on 
implementation of information technology capabilities. 
Sec. 742. Pilot program on expansion of use of physician assistants to provide men-
tal health care to members of the Armed Forces. 
Sec. 743. Pilot program for prescription drug acquisition cost parity in the 
TRICARE pharmacy benefits program. 
Sec. 744. Pilot program on display of wait times at urgent care clinics and phar-
macies of military medical treatment facilities. 
Sec. 745. Requirement to review and monitor prescribing practices at military 
treatment facilities of pharmaceutical agents for treatment of post-trau-
matic stress. 
Sec. 746. Department of Defense study on preventing the diversion of opioid medi-
cations. 
Sec. 747. Incorporation into survey by Department of Defense of questions on expe-
riences of members of the Armed Forces with family planning services 
and counseling. 
Sec. 748. Assessment of transition to TRICARE program by families of members of 
reserve components called to active duty and elimination of certain 
charges for such families. 
Sec. 749. Oversight of graduate medical education programs of military depart-
ments. 
Sec. 750. Study on health of helicopter and tiltrotor pilots. 
Sec. 751. Comptroller General reports on health care delivery and waste in military 
health system. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Rapid acquisition authority amendments. 
Sec. 802. Authority for temporary service of Principal Military Deputies to the As-
sistant Secretaries of the military departments for acquisition as Acting 
Assistant Secretaries. 
Sec. 803. Modernization of services acquisition. 
Sec. 804. Defense Modernization Account amendments. 
Subtitle B—Department of Defense Acquisition Agility 
Sec. 805. Modular open system approach in development of major weapon systems. 
Sec. 806. Development, prototyping, and deployment of weapon system components 
or technology. 
Sec. 807. Cost, schedule, and performance of major defense acquisition programs. 
Sec. 808. Transparency in major defense acquisition programs. 
Sec. 809. Amendments relating to technical data rights. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Modified restrictions on undefinitized contractual actions. 
Sec. 812. Amendments relating to inventory and tracking of purchases of services. 
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130 STAT. 2008 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 813. Use of lowest price technically acceptable source selection process. 
Sec. 814. Procurement of personal protective equipment. 
Sec. 815. Amendments related to detection and avoidance of counterfeit electronic 
parts. 
Sec. 816. Amendments to special emergency procurement authority. 
Sec. 817. Compliance with domestic source requirements for footwear furnished to 
enlisted members of the Armed Forces upon their initial entry into the 
Armed Forces. 
Sec. 818. Extension of authority for enhanced transfer of technology developed at 
Department of Defense laboratories. 
Sec. 819. Modified notification requirement for exercise of waiver authority to ac-
quire vital national security capabilities. 
Sec. 820. Defense cost accounting standards. 
Sec. 821. Increased micro-purchase threshold applicable to Department of Defense 
procurements. 
Sec. 822. Enhanced competition requirements. 
Sec. 823. Revision to effective date of senior executive benchmark compensation for 
allowable cost limitations. 
Sec. 824. Treatment of independent research and development costs on certain con-
tracts. 
Sec. 825. Exception to requirement to include cost or price to the Government as 
a factor in the evaluation of proposals for certain multiple-award task 
or delivery order contracts. 
Sec. 826. Extension of program for comprehensive small business contracting plans. 
Sec. 827. Treatment of side-by-side testing of certain equipment, munitions, and 
technologies manufactured and developed under cooperative research 
and development agreements as use of competitive procedures. 
Sec. 828. Defense Acquisition Challenge Program amendments. 
Sec. 829. Preference for fixed-price contracts. 
Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales. 
Sec. 831. Preference for performance-based contract payments. 
Sec. 832. Contractor incentives to achieve savings and improve mission perform-
ance. 
Sec. 833. Sunset and repeal of certain contracting provisions. 
Sec. 834. Flexibility in contracting award program. 
Sec. 835. Protection of task order competition. 
Sec. 836. Contract closeout authority. 
Sec. 837. Closeout of old Department of the Navy contracts. 
Subtitle D—Provisions Relating to Major Defense Acquisition Programs 
Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports. 
Sec. 842. Amendments relating to independent cost estimation and cost analysis. 
Sec. 843.
Revisions to Milestone B determinations. 
Sec. 844. Review and report on sustainment planning in the acquisition process. 
Sec. 845. Revision to distribution of annual report on operational test and evalua-
tion. 
Sec. 846. Repeal of major automated information systems provisions. 
Sec. 847. Revisions to definition of major defense acquisition program. 
Sec. 848. Acquisition strategy. 
Sec. 849. Improved life-cycle cost control. 
Sec. 850. Authority to designate increments or blocks of items delivered under 
major defense acquisition programs as major subprograms for purposes 
of acquisition reporting. 
Sec. 851. Reporting of small business participation on Department of Defense pro-
grams. 
Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and 
munitions greater than quantity specified in law. 
Sec. 853. Multiple program multiyear contract pilot demonstration program. 
Sec. 854. Key performance parameter reduction pilot program. 
Sec. 855. Mission integration management. 
Subtitle E—Provisions Relating to Acquisition Workforce 
Sec. 861. Project management. 
Sec. 862. Authority to waive tenure requirement for program managers for pro-
gram definition and program execution periods. 
Sec. 863. Purposes for which the Department of Defense Acquisition Workforce De-
velopment Fund may be used; advisory panel amendments. 
Sec. 864. Department of Defense Acquisition Workforce Development Fund deter-
mination adjustment. 
Sec. 865. Limitations on funds used for staff augmentation contracts at manage-
ment headquarters of the Department of Defense and the military de-
partments. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps. 
Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration 
project. 
Subtitle F—Provisions Relating to Commercial Items 
Sec. 871. Market research for determination of price reasonableness in acquisition 
of commercial items. 
Sec. 872. Value analysis for the determination of price reasonableness. 
Sec. 873. Clarification of requirements relating to commercial item determinations. 
Sec. 874. Inapplicability of certain laws and regulations to the acquisition of com-
mercial items and commercially available off-the-shelf items. 
Sec. 875. Use of commercial or non-Government standards in lieu of military speci-
fications and standards. 
Sec. 876. Preference for commercial services. 
Sec. 877. Treatment of commingled items purchased by contractors as commercial 
items. 
Sec. 878. Treatment of services provided by nontraditional contractors as commer-
cial items. 
Sec. 879. Defense pilot program for authority to acquire innovative commercial 
items, technologies, and services using general solicitation competitive 
procedures. 
Sec. 880. Pilot programs for authority to acquire innovative commercial items using 
general solicitation competitive procedures. 
Subtitle G—Industrial Base Matters 
Sec. 881. Greater integration of the national technology and industrial base. 
Sec. 882. Integration of civil and military roles in attaining national technology and 
industrial base objectives. 
Sec. 883. Pilot program for distribution support and services for weapon systems 
contractors. 
Sec. 884. Nontraditional and small contractor innovation prototyping program. 
Subtitle H—Other Matters 
Sec. 885. Report on bid protests. 
Sec. 886. Review and report on indefinite delivery contracts. 
Sec. 887. Review and report on contractual flow-down provisions. 
Sec. 888. Requirement and review relating to use of brand names or brand-name 
or equivalent descriptions in solicitations. 
Sec. 889. Inclusion of information on common grounds for sustaining bid protests 
in annual Government Accountability Office reports to Congress. 
Sec. 890. Study and report on contracts awarded to minority-owned and women- 
owned businesses. 
Sec. 891. Authority to provide reimbursable auditing services to certain non-De-
fense Agencies. 
Sec. 892. Selection of service providers for auditing services and audit readiness 
services. 
Sec. 893. Amendments to contractor business system requirements. 
Sec. 894. Improved management practices to reduce cost and improve performance 
of certain Department of Defense organizations. 
Sec. 895. Exemption from requirement for capital planning and investment control 
for information technology equipment included as integral part of a 
weapon or weapon system. 
Sec. 896. Modifications to pilot program for streamlining awards for innovative 
technology projects. 
Sec. 897. Rapid prototyping funds for the military departments. 
Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Con-
tracting Oversight, Accountability, and Integrity; Defense Acquisition 
University training. 
Sec. 899. Coast Guard major acquisition programs. 
Sec. 899A. Enhanced authority to acquire products and services produced in Africa 
in support of certain activities. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Office of the Secretary of Defense and Related Matters 
Sec. 901. Organization of the Office of the Secretary of Defense. 
Sec. 902. Responsibilities and reporting of the Chief Information Officer of the De-
partment of Defense. 
Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense 
and other Department of Defense headquarters offices. 
Sec. 904. Repeal of Financial Management Modernization Executive Committee. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle B—Organization and Management of the Department of Defense Generally 
Sec. 911. Organizational strategy for the Department of Defense. 
Sec. 912. Policy, organization, and management goals and priorities of the Sec-
retary of Defense for the Department of Defense. 
Sec. 913. Secretary of Defense delivery unit. 
Sec. 914. Performance of civilian functions by military personnel. 
Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian per-
sonnel workforce and service contractor workforce of the Department of 
Defense. 
Subtitle C—Joint Chiefs of Staff and Combatant Command Matters 
Sec. 921. Joint Chiefs of Staff and related combatant command matters. 
Sec. 922. Organization of the Department of Defense for management of special op-
erations forces and special operations. 
Sec. 923. Establishment of unified combatant command for cyber operations. 
Sec. 924. Assigned forces of the combatant commands. 
Sec. 925. Modifications to the requirements process. 
Sec. 926. Review of combatant command organization. 
Subtitle D—Organization and Management of Other Department of Defense Offices 
and Elements 
Sec. 931. Qualifications for appointment of the Secretaries of the military depart-
ments. 
Sec. 932. Enhanced personnel management authorities for the Chief of the Na-
tional Guard Bureau. 
Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of 
Community Support for Military Families with Special Needs. 
Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as 
Assistant Secretary of the Air Force for Acquisition, Technology, and Lo-
gistics. 
Subtitle E—Strategies, Reports, and Related Matters 
Sec. 941. National defense strategy. 
Sec. 942. Commission on the National Defense Strategy for the United States. 
Sec. 943. Reform of the national military strategy. 
Sec. 944. Form of annual national security strategy report. 
Sec. 945. Modification to independent study of national security strategy formula-
tion process. 
Subtitle F—Other Matters 
Sec. 951. Enhanced security programs for Department of Defense personnel and in-
novation initiatives. 
Sec. 952. Modification of authority of the Secretary of Defense relating to protection 
of the Pentagon Reservation and other Department of Defense facilities 
in the National Capital Region. 
Sec. 953. Modifications to requirements for accounting for members of the Armed 
Forces and Department of Defense civilian employees listed as missing. 
Sec. 954. Modifications to corrosion report. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Report on auditable financial statements. 
Sec. 1003. Increased use of commercial data integration and analysis products for 
the purpose of preparing financial statement audits. 
Sec. 1004. Sense of Congress on sequestration. 
Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition 
Workforce Development Fund to the Treasury. 
Subtitle B—Counterdrug Activities 
Sec. 1011. Codification and modification of authority to provide support for 
counterdrug activities and activities to counter transnational organized 
crime of civilian law enforcement agencies. 
Sec. 1012. Secretary of Defense review of curricula and program structures of Na-
tional Guard counterdrug schools. 
Sec. 1013. Extension of authority to support unified counterdrug and counterter-
rorism campaign in Colombia. 
Sec. 1014. Enhancement of information sharing and coordination of military train-
ing between Department of Homeland Security and Department of De-
fense. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Definition of short-term work with respect to overhaul, repair, or main-
tenance of naval vessels. 
Sec. 1022. Warranty requirements for shipbuilding contracts. 
Sec. 1023. National Sea-Based Deterrence Fund. 
Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class 
cruisers or dock landing ships. 
Subtitle D—Counterterrorism 
Sec. 1031. Frequency of counterterrorism operations briefings. 
Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained 
at United States Naval Station, Guantanamo Bay, Cub, to the United 
States. 
Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1034. Prohibition on use of funds for transfer or release to certain countries 
of individuals detained at United States Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of 
United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1036. Congressional notification requirements for sensitive military operations. 
Subtitle E—Miscellaneous Authorities and Limitations 
Sec. 1041. Expanded authority for transportation by the Department of Defense of 
non-Department of Defense personnel and cargo. 
Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air 
wing headquarters required to be maintained. 
Sec. 1043. Modification to support for non-Federal development and testing of ma-
terial for chemical agent defense. 
Sec. 1044. Protection of certain Federal spectrum operations. 
Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine coun-
termeasures platforms. 
Sec. 1046. Extension of authority of Secretary of Transportation to issue non-pre-
mium aviation insurance. 
Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination 
cover. 
Sec. 1048. Independent evaluation of Department of Defense excess property pro-
gram. 
Sec. 1049. Waiver of certain polygraph examination requirements. 
Sec. 1050. Use of Transportation Worker Identification Credential to gain access at 
Department of Defense installations. 
Sec. 1051. Limitation on availability of funds for destruction of certain landmines 
and briefing on development of replacement anti-personnel landmine 
munitions. 
Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by en-
listed personnel. 
Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units. 
Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for 
Military Affairs. 
Sec. 1055. Notification on the provision of defense sensitive support. 
Sec. 1056. Prohibition on enforcement of military commission rulings preventing 
members of the Armed Forces from carrying out otherwise lawful duties 
based on member sex. 
Subtitle F—Studies and Reports 
Sec. 1061. Temporary continuation of certain Department of Defense reporting re-
quirements. 
Sec. 1062. Reports on programs managed under alternative compensatory control 
measures in the Department of Defense. 
Sec. 1063. Matters for inclusion in report on designation of countries for which re-
wards may be paid under Department of Defense rewards program. 
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the com-
batant commands and annual report on combatant command require-
ments. 
Sec. 1065. Management and reviews of electromagnetic spectrum. 
Sec. 1066. Requirement for notice and reporting to Committees on Armed Services 
on certain expenditures of funds by Defense Intelligence Agency. 
Sec. 1067. Congressional notification of biological select agent and toxin theft, loss, 
or release involving the Department of Defense. 
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130 STAT. 2012 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1068. Report on service-provided support and enabling capabilities to United 
States special operations forces. 
Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of 
Central America. 
Sec. 1070. Report on counterproliferation activities and programs. 
Sec. 1071. Report on testing and integration of minehunting sonar systems to im-
prove Littoral Combat Ship minehunting capabilities. 
Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope 
Army Airfield and Air Force support for such jumps. 
Sec. 1073. Study on military helicopter noise. 
Sec. 1074. Independent review of United States military strategy and force posture 
in the United States Pacific Command area of responsibility. 
Sec. 1075. Assessment of the joint ground forces of the Armed Forces. 
Subtitle G—Other Matters 
Sec. 1081. Technical and clerical amendments. 
Sec. 1082. Increase in maximum amount available for equipment, services, and 
supplies provided for humanitarian demining assistance. 
Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under 
a cross-servicing agreement. 
Sec. 1084. Modification of requirements relating to management of military techni-
cians. 
Sec. 1085. Streamlining of the National Security Council. 
Sec. 1086. National biodefense strategy. 
Sec. 1087. Global Cultural Knowledge Network. 
Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century. 
Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in 
Marana, Arizona, on April 8, 2000. 
Sec. 1090. Cost of Wars. 
Sec. 1091. Reconnaissance Strike Group matters. 
Sec. 1092. Border security metrics. 
Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Un-
known Soldier. 
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A air-
craft. 
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port. 
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign coun-
tries and transfer to certain persons. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Subtitle A—Department of Defense Matters Generally 
Sec. 1101. Civilian personnel management. 
Sec. 1102. Repeal of requirement for annual strategic workforce plan for the De-
partment of Defense. 
Sec. 1103. Training for employment personnel of Department of Defense on matters 
relating to authorities for recruitment and retention at United States 
Cyber Command. 
Sec. 1104. Public-private talent exchange. 
Sec. 1105. Temporary and term appointments in the competitive service in the De-
partment of Defense. 
Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary 
students and recent graduates. 
Sec. 1107. Temporary increase in maximum amount of voluntary separation incen-
tive pay authorized for civilian employees of the Department of Defense. 
Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees 
performing work aboard or dockside in support of the nuclear-powered 
aircraft carrier forward deployed in Japan. 
Sec. 1109. Limitation on number of DOD SES positions. 
Sec. 1110. Direct hire authority for financial management experts in the Depart-
ment of Defense workforce. 
Sec. 1111. Repeal of certain basis for appointment of a retired member of the 
Armed Forces to Department of Defense position within 180 days of re-
tirement. 
Subtitle B—Department of Defense Science and Technology Laboratories and 
Related Matters 
Sec. 1121. Permanent personnel management authority for the Department of De-
fense for experts in science and engineering. 
Sec. 1122. Codification and modification of certain authorities for certain positions 
at Department of Defense research and engineering laboratories. 
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Sec. 1123. Modification to information technology personnel exchange program. 
Sec. 1124. Pilot program on enhanced pay authority for certain research and tech-
nology positions in the science and technology reinvention laboratories 
of the Department of Defense. 
Sec. 1125. Temporary direct hire authority for domestic defense industrial base fa-
cilities, the Major Range and Test Facilities Base, and the Office of the 
Director of Operational Test and Evaluation. 
Subtitle C—Governmentwide Matters 
Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appoint-
ment of spouses of members of the Armed Forces. 
Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base fa-
cilities and Major Range and Test Facilities Base civilian personnel. 
Sec. 1133. One-year extension of temporary authority to grant allowances, benefits, 
and gratuities to civilian personnel on official duty in a combat zone. 
Sec. 1134. Advance payments for employees relocating within the United States 
and its territories. 
Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a 
permanent appointment at any Federal agency. 
Sec. 1136.
Review of official personnel file of former Federal employees before re-
hiring. 
Sec. 1137. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1138. Administrative leave. 
Sec. 1139. Direct hiring for Federal wage schedule employees. 
Sec. 1140. Record of investigation of personnel action in separated employee’s offi-
cial personnel file. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. One-year extension of logistical support for coalition forces supporting 
certain United States military operations. 
Sec. 1202. Special Defense Acquisition Fund matters. 
Sec. 1203. Codification of authority for support of special operations to combat ter-
rorism. 
Sec. 1204. Independent evaluation of strategic framework for Department of De-
fense security cooperation. 
Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation 
framework for security cooperation. 
Subtitle B—Matters Relating to Afghanistan and Pakistan 
Sec. 1211. Extension and modification of Commanders’ Emergency Response Pro-
gram. 
Sec. 1212. Extension of authority to acquire products and services produced in 
countries along a major route of supply to Afghanistan. 
Sec. 1213. Extension and modification of authority to transfer defense articles and 
provide defense services to the military and security forces of Afghani-
stan. 
Sec. 1214. Special immigrant status for certain Afghans. 
Sec. 1215. Modification to semiannual report on enhancing security and stability in 
Afghanistan. 
Sec. 1216. Prohibition on use of funds for certain programs and projects of the De-
partment of Defense in Afghanistan that cannot be safely accessed by 
United States Government personnel. 
Sec. 1217. Improvement of oversight of United States Government efforts in Af-
ghanistan. 
Sec. 1218. Extension and modification of authority for reimbursement of certain co-
alition nations for support provided to United States military oper-
ations. 
Subtitle C—Matters Relating to Syria, Iraq, and Iran 
Sec. 1221. Modification and extension of authority to provide assistance to the vet-
ted Syrian opposition. 
Sec. 1222. Modification and extension of authority to provide assistance to counter 
the Islamic State of Iraq and the Levant. 
Sec. 1223. Extension and modification of authority to support operations and activi-
ties of the Office of Security Cooperation in Iraq. 
Sec. 1224. Limitation on provision of man-portable air defense systems to the vet-
ted Syrian opposition during fiscal year 2017. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1225. Modification of annual report on military power of Iran. 
Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran. 
Subtitle D—Matters Relating to the Russian Federation 
Sec. 1231. Military response options to Russian Federation violation of INF Treaty. 
Sec. 1232. Limitation on military cooperation between the United States and the 
Russian Federation. 
Sec. 1233. Extension and modification of authority on training for Eastern Euro-
pean national military forces in the course of multilateral exercises. 
Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian 
Federation over Crimea. 
Sec. 1235. Annual report on military and security developments involving the Rus-
sian Federation. 
Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any im-
plementing decision of the Open Skies Consultative Commission and re-
lated requirements. 
Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative. 
Sec. 1238. Reports on INF Treaty and Open Skies Treaty. 
Subtitle E—Reform of Department of Defense Security Cooperation 
Sec. 1241. Enactment of new chapter for defense security cooperation. 
Sec. 1242. Military-to-military exchanges. 
Sec. 1243. Consolidation and revision of authorities for payment of personnel ex-
penses necessary for theater security cooperation. 
Sec. 1244. Transfer and revision of certain authorities on payment of expenses of 
training and exercises with friendly foreign forces. 
Sec. 1245. Transfer and revision of authority to provide operational support to 
forces of friendly foreign countries. 
Sec. 1246. Department of Defense State Partnership Program. 
Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellow-
ship Program. 
Sec. 1248. Consolidation of authorities for service academy international engage-
ment. 
Sec. 1249. Consolidated annual budget for security cooperation programs and ac-
tivities of the Department of Defense. 
Sec. 1250. Department of Defense security cooperation workforce development. 
Sec. 1251. Reporting requirements. 
Sec. 1252. Quadrennial review of security sector assistance programs and authori-
ties of the United States Government. 
Sec. 1253. Other conforming amendments and authority for administration. 
Subtitle F—Human Rights Sanctions 
Sec. 1261. Short title. 
Sec. 1262. Definitions. 
Sec. 1263. Authorization of imposition of sanctions. 
Sec. 1264. Reports to Congress. 
Sec. 1265. Sunset. 
Subtitle G—Miscellaneous Reports 
Sec. 1271. Modification of annual report on military and security developments in-
volving the People’s Republic of China. 
Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic 
aid programs of the Department of Defense. 
Sec. 1273. Strategy for United States defense interests in Africa. 
Sec. 1274. Report on the potential for cooperation between the United States and 
Israel on directed energy capabilities. 
Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report. 
Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems. 
Subtitle H—Other Matters 
Sec. 1281. Enhancement of interagency support during contingency operations and 
transition periods. 
Sec. 1282. Two-year extension and modification of authorization of non-conven-
tional assisted recovery capabilities. 
Sec. 1283. Authority to destroy certain specified World War II-era United States- 
origin chemical munitions located on San Jose Island, Republic of Pan-
ama. 
Sec. 1284. Sense of Congress on military exchanges between the United States and 
Taiwan. 
Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty. 
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Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the par-
ticipation of Cuba in certain joint or multilateral exercises. 
Sec. 1287. Global Engagement Center. 
Sec. 1288. Modification of United States International Broadcasting Act of 1994. 
Sec. 1289. Redesignation of South China Sea Initiative. 
Sec. 1290. Measures against persons involved in activities that violate arms control 
treaties or agreements with the United States. 
Sec. 1291. Agreements with foreign governments to develop land-based water re-
sources in support of and in preparation for contingency operations. 
Sec. 1292. Enhancing defense and security cooperation with India. 
Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saha-
ran African countries. 
Sec. 1294. Extension and expansion of authority to support border security oper-
ations of certain foreign countries. 
Sec. 1295. Modification and clarification of United States-Israel anti-tunnel co-
operation authority. 
Sec. 1296. Maintenance of prohibition on procurement by Department of Defense of 
People’s Republic of China-origin items that meet the definition of goods 
and services controlled as munitions items when moved to the ‘‘600 se-
ries’’ of the Commerce Control List. 
Sec. 1297. International sales process improvements. 
Sec. 1298. Efforts to end modern slavery. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in 
People’s Republic of China. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1404. Defense Inspector General. 
Sec. 1405. Defense Health Program. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authority to dispose of certain materials from and to acquire additional 
materials for the National Defense Stockpile. 
Sec. 1412. National Defense Stockpile matters. 
Subtitle C—Chemical Demilitarization Matters 
Sec. 1421. National Academies of Sciences study on conventional munitions demili-
tarization alternative technologies. 
Subtitle D—Other Matters 
Sec. 1431. Authority for transfer of funds to joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-
tain James A. Lovell Health Care Center, Illinois. 
Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OVERSEAS CONTINGENCY OPERATIONS 
Subtitle A—Authorization of Appropriations 
Sec. 1501. Purpose and treatment of certain authorizations of appropriations. 
Sec. 1502. Procurement. 
Sec. 1503. Research, development, test, and evaluation. 
Sec. 1504. Operation and maintenance. 
Sec. 1505. Military personnel. 
Sec. 1506. Working capital funds. 
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1508. Defense Inspector General. 
Sec. 1509. Defense Health program. 
Subtitle B—Financial Matters 
Sec. 1511. Treatment as additional authorizations. 
Sec. 1512. Special transfer authority. 
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Subtitle C—Limitations, Reports, and Other Matters 
Sec. 1521. Afghanistan Security Forces Fund. 
Sec. 1522. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat 
Fund for training of foreign security forces to defeat improvised explo-
sive devices. 
Sec. 1524. Overseas contingency operations. 
Sec. 1525. Extension and modification of authorities on Counterterrorism Partner-
ships Fund. 
TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS 
Subtitle A—Space Activities 
Sec. 1601. Repeal of provision permitting the use of rocket engines from the Rus-
sian Federation for the evolved expendable launch vehicle program. 
Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of 
rocket engines for the evolved expendable launch vehicle program. 
Sec. 1603. Rocket propulsion system to replace RD–180. 
Sec. 1604. Plan for use of allied launch vehicles. 
Sec. 1605. Analysis of alternatives for wide-band communications. 
Sec. 1606. Modification of pilot program for acquisition of commercial satellite com-
munication services. 
Sec. 1607. Space-based environmental monitoring. 
Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and tim-
ing systems. 
Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center 
Mission System. 
Sec. 1610. Limitations on availability of funds for the Global Positioning System 
Next Generation Operational Control System. 
Sec. 1611. Availability of funds for certain secure voice conferencing capabilities. 
Sec. 1612. Space-based infrared system and advanced extremely high frequency 
program. 
Sec. 1613. Pilot program on commercial weather data. 
Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather 
missions to National Reconnaissance Office. 
Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center. 
Sec. 1616. Organization and management of national security space activities of 
the Department of Defense. 
Sec. 1617. Review of charter of Operationally Responsive Space Program Office. 
Sec. 1618. Backup and complementary positioning, navigation, and timing capabili-
ties of Global Positioning System. 
Sec. 1619. Report on use of spacecraft assets of the space-based infrared system 
wide-field-of-view program. 
Sec. 1620. Provision of certain information to Government Accountability Office by 
National Reconnaissance Office. 
Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid 
rocket motors. 
Sec. 1622. Independent assessment of Global Positioning System Next Generation 
Operational Control System. 
Subtitle B—Defense Intelligence and Intelligence-Related Activities 
Sec. 1631. Report on United States Central Command Intelligence Fusion Center. 
Sec. 1632. Prohibition on availability of funds for certain relocation activities for 
NATO Intelligence Fusion Cell. 
Sec. 1633. Survey and review of Defense Intelligence Enterprise. 
Subtitle C—Cyberspace-Related Matters 
Sec. 1641. Special emergency procurement authority to facilitate the defense 
against or recovery from a cyber attack. 
Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of 
the United States Cyber Command. 
Sec. 1643. Cyber mission forces matters. 
Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition 
forces. 
Sec. 1645. Cyber protection support for Department of Defense personnel in posi-
tions highly vulnerable to cyber attack. 
Sec. 1646. Limitation on full deployment of joint regional security stacks. 
Sec. 1647. Advisory committee on industrial security and industrial base policy. 
Sec. 1648. Change in name of National Defense University’s Information Resources 
Management College to College of Information and Cyberspace. 
Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems. 
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Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical in-
frastructure. 
Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams 
into Department of Defense cyber mission force. 
Sec. 1652. Strategic Plan for the Defense Information Systems Agency. 
Sec. 1653. Plan for information security continuous monitoring capability and com-
ply-to-connect policy; limitation on software licensing. 
Sec. 1654. Reports on deterrence of adversaries in cyberspace. 
Sec. 1655. Sense of Congress on cyber resiliency of the networks and communica-
tions systems of the National Guard. 
Subtitle D—Nuclear Forces 
Sec. 1661. Improvements to Council on Oversight of National Leadership Com-
mand, Control, and Communications System. 
Sec. 1662. Treatment of certain sensitive information by State and local govern-
ments. 
Sec. 1663. Procurement authority for certain parts of intercontinental ballistic mis-
sile fuzes. 
Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based 
strategic deterrent missile. 
Sec. 1665. Limitation on availability of funds for extension of New START Treaty. 
Sec. 1666. Certifications regarding integrated tactical warning and attack assess-
ment mission of the Air Force. 
Sec. 1667. Matters relating to intercontinental ballistic missiles. 
Sec. 1668. Requests for forces to meet security requirements for land-based nuclear 
forces. 
Sec. 1669. Report on Russian and Chinese political and military leadership surviv-
ability, command and control, and continuity of government programs 
and activities. 
Sec. 1670. Review by Comptroller General of the United States of recommendations 
relating to nuclear enterprise of Department of Defense. 
Sec. 1671. Sense of Congress on nuclear deterrence. 
Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of 
United Kingdom. 
Subtitle E—Missile Defense Programs 
Sec. 1681. National missile defense policy. 
Sec. 1682. Extensions of prohibitions relating to missile defense information and 
systems. 
Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the 
ballistic missile defense system. 
Sec. 1684. Review of the missile defeat policy and strategy of the United States. 
Sec. 1685. Maximizing Aegis Ashore capability and developing medium range dis-
crimination radar. 
Sec. 1686. Technical authority for integrated air and missile defense activities and 
programs. 
Sec. 1687. Hypersonic defense capability development. 
Sec. 1688. Conventional Prompt Global Strike weapons system. 
Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse 
defense element of ballistic missile defense system. 
Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative 
missile defense program codevelopment and coproduction. 
Sec. 1691. Limitations on availability of funds for lower tier air and missile defense 
capability of the Army. 
Sec. 1692. Pilot program on loss of unclassified, controlled technical information. 
Sec. 1693. Plan for procurement of medium-range discrimination radar to improve 
homeland missile defense. 
Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based 
midcourse defense and evaluation of alternative ground-based inter-
ceptor deployments. 
Sec. 1695. Semiannual notifications on missile defense tests and costs. 
Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency. 
Subtitle F—Other Matters 
Sec. 1697. Protection of certain facilities and assets from unmanned aircraft. 
Sec. 1698. Harmful interference to Department of Defense Global Positioning Sys-
tem. 
TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 
Sec. 1701. Short title. 
Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam. 
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Sec. 1703. Guam World War II Claims Fund. 
Sec. 1704. Payments for Guam World War II claims. 
Sec. 1705. Adjudication. 
Sec. 1706. Grants program to memorialize the occupation of Guam during World 
War II. 
Sec. 1707. Authorization of appropriations. 
TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCUREMENT 
Subtitle A—Improving Transparency and Clarity for Small Businesses 
Sec. 1801. Plain language rewrite of requirements for small business procurements. 
Sec. 1802. Transparency in small business goals. 
Subtitle B—Clarifying the Roles of Small Business Advocates 
Sec. 1811. Scope of review by procurement center representatives. 
Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization. 
Sec. 1813. Improving contractor compliance. 
Sec. 1814. Improving education on small business regulations. 
Subtitle C—Strengthening Opportunities for Competition in Subcontracting 
Sec. 1821. Good faith in subcontracting. 
Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to ob-
tain past performance ratings. 
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of De-
fense. 
Subtitle D—Miscellaneous Provisions 
Sec. 1831. Improvements to size standards for small agricultural producers. 
Sec. 1832. Uniformity in service-disabled veteran definitions. 
Sec. 1833. Office of Hearings and Appeals. 
Sec. 1834. Extension of SBIR and STTR programs. 
Sec. 1835. Issuance of guidance on small business matters. 
Subtitle E—Improving Cyber Preparedness for Small Businesses 
Sec. 1841. Small Business Development Center Cyber Strategy and outreach. 
Sec. 1842. Role of small business development centers in cybersecurity and pre-
paredness. 
Sec. 1843. Additional cybersecurity assistance for small business development cen-
ters. 
Sec. 1844. Prohibition on additional funds. 
TITLE XIX—DEPARTMENT OF HOMELAND SECURITY COORDINATION 
Sec. 1901. Department of Homeland Security coordination. 
Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Se-
curity. 
Sec. 1903. Management and execution. 
Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security. 
Sec. 1905. Department of Homeland Security transparency. 
Sec. 1906. Transparency in research and development. 
Sec. 1907. United States Government review of certain foreign fighters. 
Sec. 1908. National strategy to combat terrorist travel. 
Sec. 1909. National Operations Center. 
Sec. 1910. Department of Homeland Security strategy for international programs. 
Sec. 1911. State and high-risk urban area working groups. 
Sec. 1912. Cybersecurity strategy for the Department of Homeland Security. 
Sec. 1913. EMP and GMD planning, research and development, and protection and 
preparedness. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2003. Effective date. 
TITLE XXI—ARMY MILITARY CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Authorization of appropriations, Army. 
Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects. 
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Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects. 
TITLE XXII—NAVY MILITARY CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects. 
Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects. 
Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam. 
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project. 
Sec. 2306. Extension of authorization of certain fiscal year 2013 project. 
Sec. 2307. Extension of authorization of certain fiscal year 2014 project. 
Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands. 
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Authorized energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects. 
Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects. 
TITLE XXV—INTERNATIONAL PROGRAMS 
Subtitle A—North Atlantic Treaty Organization Security Investment Program 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
Subtitle B—Host Country In-Kind Contributions 
Sec. 2511. Republic of Korea funded construction projects. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Subtitle A—Project Authorizations and Authorization of Appropriations 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Subtitle B—Other Matters 
Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project. 
Sec. 2613. Modification of authority to carry out certain fiscal year 2016 project. 
Sec. 2614. Extension of authorization of certain fiscal year 2013 project. 
Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects. 
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 
Sec. 2701. Extension of authorizations of certain fiscal year 2014 projects. 
Sec. 2702. Prohibition on conducting additional Base Realignment and Closure 
(BRAC) round. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects 
as minor military construction projects. 
Sec. 2802. Classification of facility conversion projects as repair projects. 
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Sec. 2803. Limited authority for scope of work increase. 
Sec. 2804. Extension of temporary, limited authority to use operation and mainte-
nance funds for construction projects outside the United States. 
Sec. 2805. Authority to expand energy conservation construction program to in-
clude energy resiliency projects. 
Sec. 2806. Additional entities eligible for participation in defense laboratory mod-
ernization pilot program. 
Sec. 2807. Extension of temporary authority for acceptance and use of contributions 
for certain construction, maintenance, and repair projects mutually ben-
eficial to the Department of Defense and Kuwait military forces. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Acceptance of military construction projects as payments in-kind and in- 
kind contributions. 
Sec. 2812. Allotment of space and provision of services to WIC offices operating on 
military installations. 
Sec. 2813. Sense of Congress regarding inclusion of stormwater systems and com-
ponents within the meaning of ‘‘wastewater system’’ under the Depart-
ment of Defense authority for conveyance of utility systems. 
Sec. 2814. Assessment of public schools on Department of Defense installations. 
Sec. 2815. Prior certification required for use of Department of Defense facilities by 
other Federal agencies for temporary housing support. 
Subtitle C—Land Conveyances 
Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program fa-
cility and adjacent property, Gakona, Alaska. 
Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska. 
Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska. 
Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona. 
Sec. 2825. Exchange of property interests, San Diego Unified Port District, Cali-
fornia. 
Sec. 2826. Release of property interests retained in connection with land convey-
ance, Eglin Air Force Base, Florida. 
Sec. 2827. Land exchange, Fort Hood, Texas. 
Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Re-
serve Center, Laredo, Texas. 
Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah. 
Sec. 2829A. Land acquisitions, Arlington County, Virginia. 
Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Wash-
ington. 
Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National 
Wildlife Refuge. 
Sec. 2829D. Closure of St. Marys Airport. 
Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the Secretary of 
the Army to the Secretary of Defense and applicability of certain provi-
sions of law relating to the Pentagon Reservation. 
Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original 
inhabitants. 
Subtitle D—Military Memorials, Monuments, and Museums 
Sec. 2831. Cyber Center for Education and Innovation-Home of the National 
Cryptologic Museum. 
Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park, 
Ohio. 
Sec. 2833. Women’s military service memorials and museums. 
Sec. 2834. Petersburg National Battlefield boundary modification. 
Subtitle E—Designations and Other Matters 
Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett 
Air National Guard Base. 
Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center. 
Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona. 
Sec. 2844. Limited exceptions to restriction on development of public infrastructure 
in connection with realignment of Marine Corps forces in Asia-Pacific 
region. 
Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weap-
ons Station China Lake, California. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION 
Sec. 2901. Authorized Navy construction and land acquisition projects. 
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Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Authorization of appropriations. 
TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MATTERS 
Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent 
to the Utah Test and Training Range 
Sec. 3001. Definitions. 
Sec. 3002. Memorandum of agreement. 
Sec. 3003. Temporary closures. 
Sec. 3004. Liability. 
Sec. 3005. Community resource advisory group. 
Sec. 3006. Savings clauses. 
Subtitle B—Bureau of Land Management Land Exchange With State of Utah 
Sec. 3011. Definitions. 
Sec. 3012. Exchange of Federal land and non-Federal land. 
Sec. 3013. Status and management of non-Federal land acquired by the United 
States. 
Sec. 3014. Hazardous substances. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs and Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Nuclear energy. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Independent acquisition project reviews of capital assets acquisition 
projects. 
Sec. 3112. Protection of certain nuclear facilities and assets from unmanned air-
craft. 
Sec. 3113. Common financial reporting system for the nuclear security enterprise. 
Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford 
Nuclear Reservation. 
Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant. 
Sec. 3116. Disposition of weapons-usable plutonium. 
Sec. 3117. Design basis threat. 
Sec. 3118. Industry best practices in operations at National Nuclear Security Ad-
ministration facilities and sites. 
Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified 
for laboratory-directed research and development. 
Sec. 3120. Research and development of advanced naval nuclear fuel system based 
on low-enriched uranium. 
Sec. 3121. Increase in certain limitations applicable to funds for conceptual and 
construction design of the Department of Energy. 
Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. 
Sec. 3123. Limitation on availability of funds for Federal salaries and expenses. 
Sec. 3124. Limitation on availability of funds for defense environmental cleanup 
program direction. 
Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons 
dismantlement. 
Subtitle C—Plans and Reports 
Sec. 3131. Independent assessment of technology development under defense envi-
ronmental cleanup program. 
Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear 
weapons and fissile material. 
Sec. 3133. Report on the use of highly-enriched uranium for naval reactors. 
Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste 
at Hanford Nuclear Reservation. 
Sec. 3135. Clarification of annual report and certification on status of security of 
atomic energy defense facilities. 
Sec. 3136. Report on service support contracts and authority for appointment of 
certain personnel. 
Sec. 3137. Elimination of certain reporting requirements. 
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Sec. 3138. Report on United States nuclear deterrence. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME MATTERS 
Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters 
Sec. 3501. Authorization of the Maritime Administration. 
Sec. 3502. Authority to extend certain age restrictions relating to vessels in the 
Maritime Security Fleet. 
Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts. 
Sec. 3504. Status of National Defense Reserve Fleet vessels. 
Sec. 3505. NDRF national security multi-mission vessel. 
Sec. 3506. Superintendent of United States Merchant Marine Academy. 
Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds. 
Sec. 3508. Floating dry docks. 
Sec. 3509. Transportation worker identification credentials for individuals under-
going separation, discharge, or release from the Armed Forces. 
Sec. 3510. Actions to address sexual harassment and sexual assault at the United 
States Merchant Marine Academy. 
Sec. 3511. Sexual assault response coordinators and sexual assault victim advo-
cates. 
Sec. 3512. Report from the Department of Transportation Inspector General. 
Sec. 3513. Sexual assault prevention and response working group. 
Sec. 3514. Sea Year compliance. 
Sec. 3515. State maritime academy physical standards and reporting. 
Sec. 3516. Appointments. 
Sec. 3517. Maritime workforce working group. 
Sec. 3518. Maritime extreme weather task force. 
Sec. 3519. Workforce plans and onboarding policies. 
Sec. 3520. Drug and alcohol policy. 
Sec. 3521. Vessel transfers. 
Sec. 3522. Clarifying amendment; continuation boards. 
Sec. 3523. Polar icebreaker recapitalization plan. 
Sec. 3524. GAO report on icebreaking capability in United States. 
Subtitle B—Pribilof Islands Transition Completion 
Sec. 3531. Short title. 
Sec. 3532. Conveyance of property. 
Sec. 3533. Transfer, use, and disposal of tract 43. 
Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic 
and Atmospheric Administration 
Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmos-
pheric Administration. 
Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric 
Administration. 
Sec. 3543. Rights of the victim of a sexual assault. 
Sec. 3544. Change of station. 
Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic 
and Atmospheric Administration under contract. 
Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmos-
pheric Administration. 
Sec. 3547. Sexual assault defined. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
Sec. 4103. Procurement for overseas contingency operations for base requirements. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
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Sec. 4203. Research, development, test, and evaluation for overseas contingency op-
erations for base requirements. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
Sec. 4303. Operation and maintenance for overseas contingency operations for base 
requirements. 
TITLE XLIV—MILITARY PERSONNEL 
Sec. 4401. Military personnel. 
Sec. 4402. Military personnel for overseas contingency operations. 
Sec. 4403. Military personnel for overseas contingency operations for base require-
ments. 
TITLE XLV—OTHER AUTHORIZATIONS 
Sec. 4501. Other authorizations. 
Sec. 4502. Other authorizations for overseas contingency operations. 
Sec. 4503. Other authorizations for overseas contingency operations for base re-
quirements. 
TITLE XLVI—MILITARY CONSTRUCTION 
Sec. 4601. Military construction. 
Sec. 4602. Military construction for overseas contingency operations. 
Sec. 4603. Military construction for overseas contingency operations for base re-
quirements. 
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4701. Department of Energy national security programs. 
DIVISION E—UNIFORM CODE OF MILITARY JUSTICE REFORM 
Sec. 5001. Short title. 
TITLE LI—GENERAL PROVISIONS 
Sec. 5101. Definitions. 
Sec. 5102. Clarification of persons subject to UCMJ while on inactive-duty training. 
Sec. 5103. Staff judge advocate disqualification due to prior involvement in case. 
Sec. 5104. Conforming amendment relating to military magistrates. 
Sec. 5105. Rights of victim. 
TITLE LII—APPREHENSION AND RESTRAINT 
Sec. 5121. Restraint of persons charged. 
Sec. 5122. Modification of prohibition of confinement of members of the Armed 
Forces with enemy prisoners and certain others. 
TITLE LIII—NON-JUDICIAL PUNISHMENT 
Sec. 5141. Modification of confinement as non-judicial punishment. 
TITLE LIV—COURT-MARTIAL JURISDICTION 
Sec. 5161. Courts-martial classified. 
Sec. 5162. Jurisdiction of general courts-martial. 
Sec. 5163. Jurisdiction of special courts-martial. 
Sec. 5164. Summary court-martial as non-criminal forum. 
TITLE LV—COMPOSITION OF COURTS-MARTIAL 
Sec. 5181. Technical amendment relating to persons authorized to convene general 
courts-martial. 
Sec. 5182. Who may serve on courts-martial and related matters. 
Sec. 5183. Number of court-martial members in capital cases. 
Sec. 5184. Detailing, qualifications, and other matters relating to military judges. 
Sec. 5185. Military magistrates. 
Sec. 5186. Qualifications of trial counsel and defense counsel. 
Sec. 5187. Assembly and impaneling of members and related matters. 
TITLE LVI—PRE-TRIAL PROCEDURE 
Sec. 5201. Charges and specifications. 
Sec. 5202. Certain proceedings conducted before referral. 
Sec. 5203. Preliminary hearing required before referral to general court-martial. 
Sec. 5204. Disposition guidance. 
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Sec. 5205. Advice to convening authority before referral for trial. 
Sec. 5206. Service of charges and commencement of trial. 
TITLE LVII—TRIAL PROCEDURE 
Sec. 5221. Duties of assistant defense counsel. 
Sec. 5222. Sessions. 
Sec. 5223. Technical amendment relating to continuances. 
Sec. 5224. Conforming amendments relating to challenges. 
Sec. 5225. Statute of limitations. 
Sec. 5226. Former jeopardy. 
Sec. 5227. Pleas of the accused. 
Sec. 5228. Subpoena and other process. 
Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evi-
dence. 
Sec. 5230. Contempt. 
Sec. 5231. Depositions. 
Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records 
of courts of inquiry. 
Sec. 5233. Conforming amendment relating to defense of lack of mental responsi-
bility. 
Sec. 5234. Voting and rulings. 
Sec. 5235. Votes required for conviction, sentencing, and other matters. 
Sec. 5236. Findings and sentencing. 
Sec. 5237. Plea agreements. 
Sec. 5238. Record of trial. 
TITLE LVIII—SENTENCES 
Sec. 5301. Sentencing. 
Sec. 5302. Effective date of sentences. 
Sec. 5303. Sentence of reduction in enlisted grade. 
TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL 
Sec. 5321. Post-trial processing in general and special courts-martial. 
Sec. 5322. Limited authority to act on sentence in specified post-trial cir-
cumstances. 
Sec. 5323. Post-trial actions in summary courts-martial and certain general and 
special courts-martial. 
Sec. 5324. Entry of judgment. 
Sec. 5325. Waiver of right to appeal and withdrawal of appeal. 
Sec. 5326. Appeal by the United States. 
Sec. 5327. Rehearings. 
Sec. 5328. Judge advocate review of finding of guilty in summary court-martial. 
Sec. 5329. Transmittal and review of records. 
Sec. 5330. Courts of Criminal Appeals. 
Sec. 5331. Review by Court of Appeals for the Armed Forces. 
Sec. 5332. Supreme Court review. 
Sec. 5333. Review by Judge Advocate General. 
Sec. 5334. Appellate defense counsel in death penalty cases. 
Sec. 5335. Authority for hearing on vacation of suspension of sentence to be con-
ducted by qualified judge advocate. 
Sec. 5336. Extension of time for petition for new trial. 
Sec. 5337. Restoration. 
Sec. 5338. Leave requirements pending review of certain court-martial convictions. 
TITLE LX—PUNITIVE ARTICLES 
Sec. 5401. Reorganization of punitive articles. 
Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts. 
Sec. 5403. Soliciting commission of offenses. 
Sec. 5404. Malingering. 
Sec. 5405. Breach of medical quarantine. 
Sec. 5406. Missing movement; jumping from vessel. 
Sec. 5407. Offenses against correctional custody and restriction. 
Sec. 5408. Disrespect toward superior commissioned officer; assault of superior 
commissioned officer. 
Sec. 5409. Willfully disobeying superior commissioned officer. 
Sec. 5410. Prohibited activities with military recruit or trainee by person in posi-
tion of special trust. 
Sec. 5411. Offenses by sentinel or lookout. 
Sec. 5412. Disrespect toward sentinel or lookout. 
Sec. 5413. Release of prisoner without authority; drinking with prisoner. 
Sec. 5414. Penalty for acting as a spy. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 5415. Public records offenses. 
Sec. 5416. False or unauthorized pass offenses. 
Sec. 5417. Impersonation offenses. 
Sec. 5418. Insignia offenses. 
Sec. 5419. False official statements; false swearing. 
Sec. 5420. Parole violation. 
Sec. 5421. Wrongful taking, opening, etc. of mail matter. 
Sec. 5422. Improper hazarding of vessel or aircraft. 
Sec. 5423. Leaving scene of vehicle accident. 
Sec. 5424. Drunkenness and other incapacitation offenses. 
Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless 
operation of vehicle, aircraft, or vessel. 
Sec. 5426. Endangerment offenses. 
Sec. 5427. Communicating threats. 
Sec. 5428. Technical amendment relating to murder. 
Sec. 5429. Child endangerment. 
Sec. 5430. Rape and sexual assault offenses. 
Sec. 5431. Deposit of obscene matter in the mail. 
Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices. 
Sec. 5433. False pretenses to obtain services. 
Sec. 5434. Robbery. 
Sec. 5435. Receiving stolen property. 
Sec. 5436. Offenses concerning Government computers. 
Sec. 5437. Bribery. 
Sec. 5438. Graft. 
Sec. 5439. Kidnapping. 
Sec. 5440. Arson; burning property with intent to defraud. 
Sec. 5441. Assault. 
Sec. 5442. Burglary and unlawful entry. 
Sec. 5443. Stalking. 
Sec. 5444. Subornation of perjury. 
Sec. 5445. Obstructing justice. 
Sec. 5446. Misprision of serious offense. 
Sec. 5447. Wrongful refusal to testify. 
Sec. 5448. Prevention of authorized seizure of property. 
Sec. 5449. Wrongful interference with adverse administrative proceeding. 
Sec. 5450. Retaliation. 
Sec. 5451. Extraterritorial application of certain offenses. 
Sec. 5452. Table of sections. 
TITLE LXI—MISCELLANEOUS PROVISIONS 
Sec. 5501. Technical amendments relating to courts of inquiry. 
Sec. 5502. Technical amendment to Article 136. 
Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers 
upon commissioning. 
Sec. 5504. Military justice case management; data collection and accessibility. 
TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS 
Sec. 5521. Military Justice Review Panel. 
Sec. 5522. Annual reports. 
TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES 
Sec. 5541. Amendments to UCMJ subchapter tables of sections. 
Sec. 5542. Effective dates. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
In this Act, the term ‘‘congressional defense committees’’ has 
the meaning given that term in section 101(a)(16) of title 10, United 
States Code. 
SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purposes of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, jointly submitted for printing 
in the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first 
on the conference report or amendment between the Houses. 
10 USC 101 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters. 
Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk 
helicopters. 
Sec. 113. Distributed Common Ground System–Army increment 1. 
Sec. 114. Assessment of certain capabilities of the Department of the Army. 
Subtitle C—Navy Programs 
Sec. 121. Determination of vessel delivery dates. 
Sec. 122. Incremental funding for detail design and construction of LHA replace-
ment ship designated LHA 8. 
Sec. 123. Littoral Combat Ship. 
Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels. 
Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-
gram. 
Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise 
(CVN–80). 
Sec. 127. Sense of Congress on aircraft carrier procurement schedules. 
Sec. 128. Report on P–8 Poseidon aircraft. 
Sec. 129. Design and construction of replacement dock landing ship designated 
LX(R) or amphibious transport dock designated LPD–29. 
Subtitle D—Air Force Programs 
Sec. 131. EC–130H Compass Call recapitalization program. 
Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft. 
Sec. 133. Repeal of requirement to preserve F–117 aircraft in recallable condition. 
Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft. 
Sec. 135. Limitation on availability of funds for destruction of A–10 aircraft in stor-
age status. 
Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance 
Target Attack Radar System aircraft. 
Sec. 137. Elimination of annual report on aircraft inventory. 
Subtitle E—Defense-wide, Joint, and Multiservice Matters 
Sec. 141. Standardization of 5.56mm rifle ammunition. 
Sec. 142. Fire suppressant and fuel containment standards for certain vehicles. 
Sec. 143. Limitation on availability of funds for destruction of certain cluster muni-
tions. 
Sec. 144. Report on Department of Defense munitions strategy for the combatant 
commands. 
Sec. 145. Modifications to reporting on use of combat mission requirements funds. 
Sec. 146. Report on alternative management structures for the F–35 joint strike 
fighter program. 
Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment 
support. 
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle. 
Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed 
Forces. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for procurement for the Army, the Navy and the Marine 
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130 STAT. 2027 
PUBLIC LAW 114–328—DEC. 23, 2016 
Corps, the Air Force, and Defense-wide activities, as specified in 
the funding table in section 4101. 
Subtitle B—Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–64E 
APACHE HELICOPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Army may enter into one or more multiyear contracts, beginning 
with the fiscal year 2017 program year, for the procurement of 
AH–64E Apache helicopters. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2017 is subject to the availability 
of appropriations for that purpose for such later fiscal year. 
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–60M AND 
HH–60M BLACK HAWK HELICOPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Army may enter into one or more multiyear contracts, beginning 
with the fiscal year 2017 program year, for the procurement of 
UH–60M and HH–60M Black Hawk helicopters. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2017 is subject to the availability 
of appropriations for that purpose for such later fiscal year. 
SEC. 113. DISTRIBUTED COMMON GROUND SYSTEM–ARMY INCREMENT 
1. 
(a) TRAINING FOR OPERATORS.—The Secretary of the Army shall 
take such actions as may be necessary to improve and tailor training 
for covered units in the versions of increment 1 that are in use 
on the date of the enactment of this Act. 
(b) FIELDING OF CAPABILITY.— 
(1) IN GENERAL.—The Secretary shall rapidly identify and 
field a capability for fixed and deployable multi-source ground 
processing systems for covered units. 
(2) COMMERCIALLY AVAILABLE CAPABILITIES.—In carrying 
out paragraph (1), the Secretary shall procure commercially 
available off-the-shelf technologies that— 
(A) meet essential tactical requirements for processing, 
analyzing, and displaying intelligence information; 
(B) can integrate and communicate with covered units 
at the tactical unit level and at higher unit levels; 
(C) are substantially easier for personnel to use than 
the Distributed Common Ground System–Army; and 
(D) require less training than the Distributed Common 
Ground System–Army. 
(c) LIMITATION ON THE AWARD OF CONTRACT.—The Secretary 
may not enter into a contract for the design, development, or 
procurement of any data architecture, data integration, or ‘‘cloud’’ 
capability, or any data analysis or data visualization and workflow 
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130 STAT. 2028 
PUBLIC LAW 114–328—DEC. 23, 2016 
capability (including warfighting function tools relating to incre-
ment 1 of the Distributed Common Ground System–Army) for cov-
ered units unless the contract— 
(1) is awarded not later than 180 days after the date 
of the enactment of this Act; 
(2) is awarded in accordance with applicable law and regu-
lations providing for the use of competitive procedures or proce-
dures applicable to the procurement of commercial items 
including parts 12 and 15 of the Federal Acquisition Regulation; 
(3) is a fixed-price contract; and 
(4) provides that the technology to be procured under the 
contract will— 
(A) begin initial fielding rapidly after the contract 
award; 
(B) achieve initial operating capability not later than 
nine months after the date on which the contract is 
awarded; and 
(C) achieve full operating capability not later than 
18 months after the date on which the contract is awarded. 
(d) WAIVER.— 
(1) IN GENERAL.—The Secretary of Defense may waive the 
limitation in subsection (c) if the Secretary submits to the 
appropriate congressional committees a written statement 
declaring that such limitation would adversely affect ongoing 
operational activities. 
(2) NONDELEGATION.—The Secretary of Defense may not 
delegate the waiver authority under paragraph (1). 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the congressional defense committees; 
(B) the Select Committee on Intelligence of the Senate; 
and 
(C) the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(2) COVERED UNITS.—The term ‘‘covered units’’ means mili-
tary units that use increment 1 of the Distributed Common 
Ground System–Army, including tactical units and operators 
at the division, brigade, and battalion levels, and tactical units 
below the battalion level. 
SEC. 114. ASSESSMENT OF CERTAIN CAPABILITIES OF THE DEPART-
MENT OF THE ARMY. 
(a) ASSESSMENT.—The Secretary of Defense, in consultation 
with the Secretary of the Army and the Chief of Staff of the 
Army, shall conduct an assessment of the following capabilities 
with respect to the Department of the Army: 
(1) The capacity of AH–64 Apache-equipped attack recon-
naissance battalions to meet future needs. 
(2) Air defense artillery capacity and responsiveness, 
including— 
(A) the capacity of short-range air defense artillery 
to address existing and emerging threats, including threats 
posed by unmanned aerial systems, cruise missiles, and 
manned aircraft; and 
(B) the potential for commercial off-the-shelf solutions. 
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130 STAT. 2029 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) Chemical, biological, radiological, and nuclear capabili-
ties and modernization needs. 
(4) Field artillery capabilities, including— 
(A) modernization needs; 
(B) munitions inventory shortfalls; and 
(C) changes in doctrine and war plans consistent with 
the Memorandum of the Secretary of Defense dated June 
19, 2008, regarding the Department of Defense policy on 
cluster munitions and unintended harm to civilians. 
(5) Fuel distribution and water purification capacity and 
responsiveness. 
(6) Watercraft and port-opening capabilities and respon-
siveness. 
(7) Transportation capacity and responsiveness, particu-
larly with respect to the transportation of fuel, water, and 
cargo. 
(8) Military police capacity. 
(9) Tactical mobility and tactical wheeled vehicle capacity, 
including heavy equipment prime movers. 
(b) REPORT.—Not later than April 1, 2017, the Secretary of 
Defense shall submit to the congressional defense committees a 
report that includes— 
(1) the assessment conducted under subsection (a); 
(2) recommendations for reducing or eliminating shortfalls 
in responsiveness and capacity with respect to each of the 
capabilities described in such subsection; and 
(3) an estimate of the costs of implementing such rec-
ommendations. 
(c) FORM.—The report under subsection (b) shall be submitted 
in unclassified form, but may include a classified annex. 
Subtitle C—Navy Programs 
SEC. 121. DETERMINATION OF VESSEL DELIVERY DATES. 
(a) DETERMINATION OF VESSEL DELIVERY DATES.— 
(1) IN GENERAL.—Chapter 633 of title 10, United States 
Code, is amended by inserting after section 7300 the following 
new section: 
‘‘§ 7301. Determination of vessel delivery dates 
‘‘(a) IN GENERAL.—The delivery of a covered vessel shall be 
deemed to occur on the date on which— 
‘‘(1) the Secretary of the Navy determines that the vessel 
is assembled and complete; and 
‘‘(2) custody of the vessel and all systems contained in 
the vessel transfers to the Navy. 
‘‘(b) INCLUSION IN BUDGET AND ACQUISITION REPORTS.—The 
delivery dates of covered vessels shall be included— 
‘‘(1) in the materials submitted to Congress by the Secretary 
of Defense in support of the budget of the President for each 
fiscal year (as submitted to Congress under section 1105(a) 
of title 31, United States Code); and 
‘‘(2) in any relevant Selected Acquisition Report submitted 
to Congress under section 2432 of this title. 
‘‘(c) COVERED VESSEL DEFINED.—In this section, the term ‘cov-
ered vessel’ means any vessel of the Navy that is under construction 
10 USC 7301. 
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130 STAT. 2030 
PUBLIC LAW 114–328—DEC. 23, 2016 
on or after the date of the enactment of this section using amounts 
authorized to be appropriated for the Department of Defense for 
shipbuilding and conversion, Navy.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 7300 the following new item: 
‘‘7301. Determination of vessel delivery dates.’’. 
(b) CERTIFICATION.— 
(1) IN GENERAL.—Not later than January 1, 2017, the Sec-
retary of the Navy shall certify to the congressional defense 
committees that the delivery dates of the following vessels 
have been adjusted in accordance with section 7301 of title 
10, United States Code, as added by subsection (a): 
(A) The U.S.S. John F. Kennedy (CVN–79). 
(B) The U.S.S. Zumwalt (DDG–1000). 
(C) The U.S.S. Michael Monsoor (DDG–1001). 
(D) The U.S.S. Lyndon B. Johnson (DDG–1002). 
(E) Any other vessel of the Navy that is under construc-
tion on the date of the enactment of this Act. 
(2) CONTENTS.—The certification under paragraph (1) shall 
include— 
(A) an identification of each vessel for which the 
delivery date was adjusted; and 
(B) the delivery date of each such vessel, as so adjusted. 
SEC. 
122. 
INCREMENTAL 
FUNDING 
FOR 
DETAIL 
DESIGN 
AND 
CONSTRUCTION OF LHA REPLACEMENT SHIP DESIGNATED 
LHA 8. 
(a) AUTHORITY TO USE INCREMENTAL FUNDING.—The Secretary 
of the Navy may enter into and incrementally fund a contract 
for detail design and construction of the LHA Replacement ship 
designated LHA 8 and, subject to subsection (b), funds for payments 
under the contract may be provided from amounts authorized to 
be appropriated for the Department of Defense for Shipbuilding 
and Conversion, Navy, for fiscal years 2017 and 2018. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
any subsequent fiscal year is subject to the availability of appropria-
tions for that purpose for such subsequent fiscal year. 
SEC. 123. LITTORAL COMBAT SHIP. 
(a) REPORT ON LITTORAL COMBAT SHIP MISSION PACKAGES.— 
(1) IN GENERAL.—The Secretary of Defense shall include 
in the materials submitted in support of the budget of the 
President (as submitted to Congress under section 1105(a) of 
title 31, United States Code) for each fiscal year through fiscal 
year 2022 a report on Littoral Combat Ship mission packages. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, with respect to each Littoral Combat Ship mission 
package and increment, the following: 
(A) A description of the status of and plans for develop-
ment, production, and sustainment, including— 
(i) projected unit costs compared to originally esti-
mated unit costs for each system that comprises the 
mission package; 
10 USC 7301 
note. 
10 USC 7291 
prec. 
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130 STAT. 2031 
PUBLIC LAW 114–328—DEC. 23, 2016 
(ii) projected development costs, procurement costs, 
and 20-year sustainment costs compared to original 
estimates of such costs for each system that comprises 
the mission package; 
(iii) 
demonstrated 
performance 
compared 
to 
required performance for each system that comprises 
the mission package and for the mission package as 
a whole; 
(iv) problems relating to realized and potential 
costs, schedule, or performance; and 
(v) any development plans, production plans, or 
sustainment and mitigation plans that may be imple-
mented to address such problems. 
(B) A description, including dates, of each develop-
mental test, operational test, integrated test, and follow- 
on test event that is— 
(i) completed in the fiscal year preceding the fiscal 
year covered by the report; and 
(ii) expected to be completed in the fiscal year 
covered by the report and any of the following five 
fiscal years. 
(C) The date on which initial operational capability 
is expected to be attained and a description of the perform-
ance level criteria that must be demonstrated to declare 
that such capability has been attained. 
(D) A description of— 
(i) the systems that attained initial operational 
capability in the fiscal year preceding the fiscal year 
covered by the report; and 
(ii) the performance level demonstrated by such 
systems compared to the performance level required 
of such systems. 
(E) The acquisition inventory objective for each system. 
(F) An identification of— 
(i) each location (including the city, State, and 
country) to which systems were delivered in the fiscal 
year preceding the fiscal year covered by the report; 
and 
(ii) the quantity of systems delivered to each such 
location. 
(G) An identification of— 
(i) each location (including the city, State, and 
country) to which systems are projected to be delivered 
in the fiscal year covered by the report and any of 
the following five fiscal years; and 
(ii) the quantity of systems projected to be deliv-
ered to each such location. 
(b) CERTIFICATION OF LITTORAL COMBAT SHIP MISSION PACKAGE 
PROGRAM OF RECORD.— 
(1) IN
GENERAL.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall include in the mate-
rials submitted in support of the budget of the President (as 
submitted to Congress under section 1105(a) of title 31, United 
States Code) for fiscal year 2018 the certification described 
in paragraph (2). 
(2) CERTIFICATION.—The certification described in this 
paragraph is a certification with respect to Littoral Combat 
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130 STAT. 2032 
PUBLIC LAW 114–328—DEC. 23, 2016 
Ship mission packages that includes, as of the fiscal year cov-
ered by the certification, the program of record quantity for— 
(A) surface warfare mission packages; 
(B) anti-submarine warfare mission packages; and 
(C) mine countermeasures mission packages. 
(c) LIMITATIONS.— 
(1) 
LIMITATION
ON
DEVIATION
FROM
ACQUISITION 
STRATEGY.— 
(A) IN GENERAL.—The Secretary of Defense may not 
revise or deviate from revision three of the Littoral Combat 
Ship acquisition strategy, until the date on which the Sec-
retary submits to the congressional defense committees 
the certification described in subparagraph (B). 
(B) CERTIFICATION.—The certification described in this 
subparagraph is a certification that includes— 
(i) the rationale of the Secretary for revising or 
deviating from revision three of the Littoral Combat 
Ship acquisition strategy; 
(ii) a description of each such revision or deviation; 
and 
(iii) the Littoral Combat Ship acquisition strategy 
that is in effect following the implementation of such 
revisions or deviations. 
(2) LIMITATION ON SELECTION OF SINGLE CONTRACTOR.— 
The Secretary of Defense may not select only a single prime 
contractor to construct the Littoral Combat Ship or any suc-
cessor frigate class ship unless such selection— 
(A) is conducted using competitive procedures and for 
the limited purpose of awarding a contract or contracts 
for— 
(i) an engineering change proposal for a frigate 
class ship; or 
(ii) the construction of a frigate class ship; and 
(B) occurs only after a frigate design has— 
(i) reached sufficient maturity and completed a 
preliminary design review; or 
(ii) demonstrated an equivalent level of design 
completeness. 
(d) DEFINITIONS.—In this section: 
(1) LITTORAL COMBAT SHIP MISSION PACKAGE.—The term 
‘‘Littoral Combat Ship mission package’’ means a mission 
module for a Littoral Combat Ship combined with the crew 
detachment and support aircraft for such ship. 
(2) MISSION MODULE.—The term ‘‘mission module’’ means 
the mission systems (including vehicles, communications, sen-
sors, and weapons systems) combined with support equipment 
(including support containers and standard interfaces) and soft-
ware (including software relating to the computing environment 
and multiple vehicle communications system of the mission 
package). 
(3) REVISION THREE.—The term ‘‘revision three of the Lit-
toral Combat Ship acquisition strategy’’ means the third revi-
sion of the Littoral Combat Ship acquisition strategy approved 
by the Under Secretary of Defense for Acquisition, Technology, 
and Logistics on March 29, 2016. 
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130 STAT. 2033 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) REPEAL OF QUARTERLY REPORTING REQUIREMENT.—Section 
126 of the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1657) is amended— 
(1) by striking subsection (b); and 
(2) by striking ‘‘(a) DESIGNATION REQUIRED.—’’. 
SEC. 124. LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CON-
TRACTS FOR CERTAIN VESSELS. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for the Department 
of Defense for fiscal year 2017 for joint high speed vessels or 
expeditionary fast transports may be used to enter into or prepare 
to enter into a contract on a sole-source basis for the construction 
of such vessels or transports unless the Secretary of the Navy 
submits to the congressional defense committees the certification 
described in subsection (b) and the report described in subsection 
(c). 
(b) CERTIFICATION.—The certification described in this sub-
section is a certification by the Secretary of the Navy that— 
(1) awarding a contract for the construction of one or more 
joint high speed vessels or expeditionary fast transports on 
a sole-source basis is in the national security interests of the 
United States; 
(2) the construction of the vessels or transports will not 
result in exceeding the requirement for the ship class, as 
described in the most recent Navy force structure assessment; 
(3) the contract will be a fixed-price contract; 
(4) the price of the contract will be fair and reasonable, 
as determined by the service acquisition executive of the Navy; 
and 
(5) the contract will provide for the United States to have 
Government purpose rights in the data for the ship design. 
(c) REPORT.—The report described in this subsection is a report 
that includes— 
(1) an explanation of the rationale for awarding a contract 
for the construction of joint high speed vessels or expeditionary 
fast transports on a sole-source basis; and 
(2) a description of— 
(A) actions that may be carried out to ensure that, 
if additional ships in the class are procured after the award 
of the contract referred to in paragraph (1), the contracts 
for the ships shall be awarded using competitive proce-
dures; and 
(B) with respect to each such action, an implementation 
schedule and any associated cost savings, as compared 
to a contract awarded on a sole-source basis. 
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE 
ADVANCED ARRESTING GEAR PROGRAM. 
(a) ADVANCED ARRESTING GEAR FOR U.S.S. ENTERPRISE.—None 
of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 for the research and develop-
ment, design, procurement, or advanced procurement of materials 
for advanced arresting gear for the U.S.S. Enterprise (CVN–80) 
may be obligated or expended until the Secretary of Defense submits 
to the congressional defense committees the report described in 
section 2432 of title 10, United States Code, for the most recently 
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130 STAT. 2034 
PUBLIC LAW 114–328—DEC. 23, 2016 
concluded fiscal quarter for the Advanced Arresting Gear Program 
in accordance with subsection (c)(1). 
(b) ADVANCED ARRESTING GEAR FOR U.S.S. JOHN F. KENNEDY.— 
None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for the research 
and development, design, procurement, or advanced procurement 
of materials for advanced arresting gear for the U.S.S. John F. 
Kennedy (CVN–79) may be obligated or expended unless— 
(1) the decision to install advanced arresting gear on the 
vessel is determined by the milestone decision authority for 
the Program; and 
(2) the milestone decision authority for the Program sub-
mits notification of such determination to the congressional 
defense committees. 
(c) ADDITIONAL REQUIREMENTS.— 
(1) TREATMENT OF BASELINE ESTIMATE.—The Secretary of 
Defense shall deem the Baseline Estimate for the Advanced 
Arresting Gear Program for fiscal year 2009 as the original 
Baseline Estimate for the Program. 
(2) UNIT COST REPORTS AND CRITICAL COST GROWTH.— 
(A) Subject to subparagraph (B), the Secretary shall 
carry out sections 2433 and 2433a of title 10, United States 
Code, with respect to the Advanced Arresting Gear Pro-
gram, as if the Department had submitted a Selected 
Acquisition Report for the Program that included the Base-
line Estimate for the Program for fiscal year 2009 as the 
original Baseline Estimate, except that the Secretary shall 
not carry out subparagraph (B) or subparagraph (C) of 
section 2433a(c)(1) of such title with respect to the Program. 
(B) In carrying out the review required by section 
2433a of such title, the Secretary shall not approve a 
contract, enter into a new contract, exercise an option 
under a contract, or otherwise extend the scope of a contract 
for advanced arresting gear for the U.S.S. Enterprise 
(CVN–80), except to the extent determined necessary by 
the milestone decision authority, on a non-delegable basis, 
to ensure that the Program can be restructured as intended 
by the Secretary without unnecessarily wasting resources. 
(d) DEFINITIONS.—In this section: 
(1) BASELINE ESTIMATE.—The term ‘‘Baseline Estimate’’ has 
the meaning given the term in section 2433(a)(2) of title 10, 
United States Code. 
(2) MILESTON DECISION AUTHORITY.—The term ‘‘milestone 
decision authority’’ has the meaning given the term in section 
2366b(g)(3) of title 10, United States Code. 
(3) ORIGINAL
BASELINE
ESTIMATE.—The term ‘‘original 
Baseline Estimate’’ has the meaning given the term in section 
2435(d)(1) of title 10, United States Code. 
(4) SELECTED
ACQUISITION
REPORT.—The term ‘‘Selected 
Acquisition Report’’ means a Selected Acquisition Report sub-
mitted to Congress under section 2432 of title 10, United States 
Code. 
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCURE-
MENT OF U.S.S. ENTERPRISE (CVN–80). 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
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130 STAT. 2035 
PUBLIC LAW 114–328—DEC. 23, 2016 
advance procurement or procurement for the U.S.S. Enterprise 
(CVN–80), not more than 25 percent may be obligated or expended 
until the date on which the Secretary of the Navy and the Chief 
of Naval Operations jointly submit to the congressional defense 
committees the report under subsection (b). 
(b) INITIAL REPORT ON CVN–79 AND CVN–80.—Not later than 
December 1, 2016, the Secretary of the Navy and the Chief of 
Naval Operations shall jointly submit to the congressional defense 
committees a report that includes a description of actions that 
may be carried out (including de-scoping requirements, if necessary) 
to achieve a ship end cost of— 
(1) not more than $12,000,000,000 for the CVN–80; and 
(2) not more than $11,000,000,000 for the U.S.S. John 
F. Kennedy (CVN–79). 
(c) ANNUAL REPORT ON CVN–79 AND CVN–80.— 
(1) IN GENERAL.—Together with the budget of the President 
for each fiscal year through fiscal year 2021 (as submitted 
to Congress under section 1105(a) of title 31, United States 
Code) the Secretary of the Navy and the Chief of Naval Oper-
ations shall submit a report on the efforts of the Navy to 
achieve the ship end costs described in subsection (b) for the 
CVN–79 and CVN–80. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include, with respect to the procurement of the CVN–79 and 
the CVN–80, the following: 
(A) A description of the progress made toward 
achieving the ship end costs described in subsection (b), 
including realized cost savings. 
(B) A description of low value-added or unnecessary 
elements of program cost that have been reduced or elimi-
nated. 
(C) Cost savings estimates for current and planned 
initiatives. 
(D) A schedule that includes— 
(i) a plan for spending with phasing of key obliga-
tions and outlays; 
(ii) decision points describing when savings may 
be realized; and 
(iii) key events that must occur to execute initia-
tives and achieve savings. 
(E) Instances of lower Government estimates used in 
contract negotiations. 
(F) A description of risks that may result from 
achieving the procurement end costs specified in subsection 
(b). 
(G) A description of incentives or rewards provided 
or planned to be provided to prime contractors for meeting 
the procurement end costs specified in subsection (b). 
SEC. 127. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT 
SCHEDULES. 
(a) FINDINGS.—Congress finds the following: 
(1) In the Congressional Budget Office report titled ‘‘An 
Analysis of the Navy’s Fiscal Year 2016 Shipbuilding Plan’’, 
the Office stated as follows: ‘‘To prevent the carrier force from 
declining to 10 ships in the 2040s, 1 short of its inventory 
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130 STAT. 2036 
PUBLIC LAW 114–328—DEC. 23, 2016 
goal of 11, the Navy could accelerate purchases after 2018 
to 1 every four years, rather than 1 every five years’’. 
(2) In a report submitted to Congress on March 17, 2015, 
the Secretary of the Navy indicated the Department of the 
Navy has a requirement of 11 aircraft carriers. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the plan of the Department of the Navy to schedule 
the procurement of one aircraft carrier every five years will 
reduce the overall aircraft carrier inventory to 10 aircraft car-
riers, a level insufficient to meet peacetime and war plan 
requirements; and 
(2) to accommodate the required aircraft carrier force struc-
ture, the Department of the Navy should— 
(A) begin to program construction for the next aircraft 
carrier to be built after the U.S.S. Enterprise (CVN–80) 
in fiscal year 2022; and 
(B) program the required advance procurement activi-
ties to accommodate the construction of such carrier. 
SEC. 128. REPORT ON P–8 POSEIDON AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than October 1, 2017, the 
Secretary of the Navy shall submit to the congressional defense 
committees a report on potential upgrades to the capabilities of 
the P–8 Poseidon aircraft. 
(b) ELEMENTS.—The report under subsection (a) shall include, 
with respect to the P–8 Poseidon aircraft, the following: 
(1) A review of potential upgrades to the sensors onboard 
the aircraft, including upgrades to intelligence sensors, surveil-
lance sensors, and reconnaissance sensors such as those being 
fielded on MQ–4 Global Hawk aircraft platforms. 
(2) An assessment of the ability of the Navy to use long- 
range multispectral imaging systems onboard the aircraft that 
are similar to such systems being used onboard the MQ–4 
Global Hawk aircraft. 
SEC. 129. DESIGN AND CONSTRUCTION OF REPLACEMENT DOCK 
LANDING 
SHIP 
DESIGNATED 
LX(R) 
OR 
AMPHIBIOUS 
TRANSPORT DOCK DESIGNATED LPD–29. 
(a) IN GENERAL.—The Secretary of the Navy may enter into 
a contract, beginning with the fiscal year 2017 program year, for 
the design and construction of the replacement dock landing ship 
designated LX(R) or the amphibious transport dock designated 
LPD–29 using amounts authorized to be appropriated for the 
Department of Defense for Shipbuilding and Conversion, Navy. 
(b) USE OF INCREMENTAL FUNDING.—With respect to the con-
tract entered into under subsection (a), the Secretary may use 
incremental funding to make payments under the contract. 
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—The con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under such contract 
for any fiscal year after fiscal year 2017 is subject to the availability 
of appropriations for that purpose for such fiscal year. 
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130 STAT. 2037 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle D—Air Force Programs 
SEC. 131. EC–130H COMPASS CALL RECAPITALIZATION PROGRAM. 
(a) AUTHORIZATION.—Subject to subsection (b), the Secretary 
of the Air Force may carry out a program to transfer the primary 
mission equipment of the EC–130H Compass Call aircraft fleet 
to an aircraft platform that the Secretary determines— 
(1) is more operationally effective and survivable than the 
existing EC–130H Compass Call aircraft platform; and 
(2) meets the requirements of the combatant commands. 
(b) LIMITATION.— 
(1) Except as provided in paragraph (2), none of the funds 
authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2017 or any other fiscal year for 
procurement may be obligated or expended on the program 
under subsection (a) until the date on which the Secretary 
of the Air Force determines that there is a high likelihood 
that the program will meet the requirements of the combatant 
commands. 
(2) The limitation in paragraph (1)— 
(A) shall not apply to the development and procure-
ment of the first two aircraft under the program; and 
(B) shall not limit the authority of the Secretary to 
enter into a contract that may include an option for the 
future production of aircraft under the program if— 
(i) the exercise of such option is at the discretion 
of the Secretary; and 
(ii) such option is not exercised until the Secretary 
determines that there is a high likelihood that the 
program will meet the requirements of the combatant 
commands. 
SEC. 132. REPEAL OF REQUIREMENT TO PRESERVE CERTAIN RETIRED 
C–5 AIRCRAFT. 
Section 141 of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1659) is amended by 
striking subsection (d). 
SEC. 133. REPEAL OF REQUIREMENT TO PRESERVE F–117 AIRCRAFT 
IN RECALLABLE CONDITION. 
Section 136 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) 
is amended by striking subsection (b). 
SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
OF A–10 AIRCRAFT. 
(a) PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT.— 
None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for the Air Force 
may be obligated or expended to retire, prepare to retire, or place 
in storage or on backup aircraft inventory status any A–10 aircraft. 
(b) ADDITIONAL LIMITATION ON RETIREMENT.—In addition to 
the prohibition in subsection (a), the Secretary of the Air Force 
may not retire, prepare to retire, or place in storage or on backup 
aircraft inventory status any A–10 aircraft until a period of 90 
days has elapsed following the date on which the Secretary submits 
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130 STAT. 2038 
PUBLIC LAW 114–328—DEC. 23, 2016 
to the congressional defense committees the report under subsection 
(e)(2). 
(c) PROHIBITION
ON SIGNIFICANT REDUCTIONS
IN MANNING 
LEVELS.—None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for the Air 
Force may be obligated or expended to make significant reductions 
to manning levels with respect to any A–10 aircraft squadrons 
or divisions. 
(d) MINIMUM INVENTORY REQUIREMENT.—The Secretary of the 
Air Force shall ensure the Air Force maintains a minimum of 
171 A–10 aircraft designated as primary mission aircraft inventory 
until a period of 90 days has elapsed following the date on which 
the Secretary submits to the congressional defense committees the 
report under subsection (e)(2). 
(e) REPORTS REQUIRED.— 
(1) The Director of Operational Test and Evaluation shall 
submit to the congressional defense committees a report that 
includes— 
(A) the results and findings of the initial operational 
test and evaluation of the F–35 aircraft program; and 
(B) a comparison test and evaluation that examines 
the capabilities of the F–35A and A–10C aircraft in con-
ducting close air support, combat search and rescue, and 
forward air controller airborne missions. 
(2) Not later than 180 days after the date of the submission 
of the report under paragraph (1), the Secretary of the Air 
Force shall submit to the congressional defense committees 
a report that includes— 
(A) the views of the Secretary with respect to the 
results of the initial operational test and evaluation of 
the F–35 aircraft program as summarized in the report 
under paragraph (1), including any issues or concerns of 
the Secretary with respect to such results; 
(B) a plan for addressing any deficiencies and carrying 
out any corrective actions identified in such report; and 
(C) short-term and long-term strategies for preserving 
the capability of the Air Force to conduct close air support, 
combat search and rescue, and forward air controller air-
borne missions. 
(f) SPECIAL RULE.— 
(1) Subject to paragraph (2), the Secretary of the Air Force 
may carry out the transition of the A–10 unit at Fort Wayne 
Air National Guard Base, Indiana, to an F–16 unit as described 
by the Secretary in the Force Structure Actions map submitted 
in support of the budget of the President for fiscal year 2017 
(as submitted to Congress under section 1105(a) of title 31, 
United States Code). 
(2) Subsections (a) through (e) shall apply with respect 
to any A–10 aircraft affected by the transition described in 
paragraph (1). 
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION 
OF A–10 AIRCRAFT IN STORAGE STATUS. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for the Air Force 
for fiscal year 2017 or any fiscal year thereafter may be obligated 
or expended to scrap, destroy, or otherwise dispose of any potential 
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130 STAT. 2039 
PUBLIC LAW 114–328—DEC. 23, 2016 
donor A–10 aircraft until the date on which the Secretary of the 
Air Force submits to the congressional defense committees the 
report required under section 134(e)(2). 
(b) NOTIFICATION AND CERTIFICATION.—Not later than 45 days 
before taking any action to scrap, destroy, or otherwise dispose 
of any A–10 aircraft in any storage status in the 309th Aerospace 
Maintenance and Regeneration Group, the Secretary of the Air 
Force shall— 
(1) notify the congressional defense committees of the intent 
of the Secretary to take such action; and 
(2) certify that the A–10 aircraft subject to such action 
does not have serviceable wings or other components that could 
be used to prevent the permanent removal of any active inven-
tory A–10 aircraft from flyable status. 
(c) PLAN TO PREVENT REMOVAL A–10 AIRCRAFT FROM FLYABLE 
STATUS.—The Secretary of the Air Force shall— 
(1) include with the materials submitted to Congress in 
support of the budget of the Department of Defense for fiscal 
year 2018 (as submitted with the budget of the President under 
section 1105(a) of title 31, United States Code) a plan to prevent 
the permanent removal of any active inventory A–10 aircraft 
from flyable status due to unserviceable wings or any other 
required component during the period covered by the future 
years defense plan submitted to Congress under section 221 
of title 10, United States Code; and 
(2) carry out such plan to prevent the permanent removal 
of any active inventory A–10 aircraft from flyable status. 
(d) POTENTIAL DONOR A–10 AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘potential donor A–10 aircraft’’ means any A–10 
aircraft in any storage status in the 309th Aerospace Maintenance 
and Regeneration Group that has serviceable wings or other compo-
nents that could be used to prevent any active inventory A–10 
aircraft from being permanently removed from flyable status due 
to unserviceable wings or other components. 
SEC. 136. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
OF JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM 
AIRCRAFT. 
(a) PROHIBITION.—Except as provided by subsection (b) and 
in addition to the prohibition under section 144 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 758), none of the funds authorized to be appropriated 
or otherwise made available for fiscal year 2018 for the Air Force 
may be obligated or expended to retire, or prepare to retire, any 
Joint Surveillance Target Attack Radar System aircraft. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to individual Joint Surveillance Target Attack Radar System 
aircraft that the Secretary of the Air Force determines, on a case- 
by-case basis, to be non-operational because of mishaps, other dam-
age, or being uneconomical to repair. 
SEC. 137. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT INVEN-
TORY. 
Section 231a of title 10, United States Code, is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
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130 STAT. 2040 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle E—Defense-wide, Joint, and 
Multiservice Matters 
SEC. 141. STANDARDIZATION OF 5.56MM RIFLE AMMUNITION. 
(a) REPORT.—If, on the date that is 180 days after the date 
of the enactment of this Act, the Army and the Marine Corps 
are using in combat two different types of enhanced 5.56mm rifle 
ammunition, the Secretary of Defense shall, on such date, submit 
to the congressional defense committees a report explaining the 
reasons that the Army and the Marine Corps are using different 
types of such ammunition. 
(b) STANDARDIZATION REQUIREMENT.—Except as provided in 
subsection (c), not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall ensure that the 
Army and the Marine Corps are using in combat one standard 
type of enhanced 5.56mm rifle ammunition. 
(c) EXCEPTION.—Subsection (b) shall not apply in a case in 
which the Secretary of Defense— 
(1) determines that a state of emergency requires the Army 
and the Marine Corps to use in combat different types of 
enhanced 5.56mm rifle ammunition; and 
(2) certifies to the congressional defense committees that 
such a determination has been made. 
SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT STANDARDS 
FOR CERTAIN VEHICLES. 
(a) GUIDANCE REQUIRED.— 
(1) The Secretary of the Army shall issue guidance 
regarding fire suppressant and fuel containment standards for 
covered vehicles of the Army. 
(2) The Secretary of the Navy shall issue guidance 
regarding fire suppressant and fuel containment standards for 
covered vehicles of the Marine Corps. 
(b) ELEMENTS.—The guidance regarding fire suppressant and 
fuel containment standards issued pursuant to subsection (a) shall— 
(1) meet the survivability requirements applicable to each 
class of covered vehicles; 
(2) include standards for vehicle armor, vehicle fire suppres-
sion systems, and fuel containment technologies in covered 
vehicles; and 
(3) balance cost, survivability, and mobility. 
(c) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Army 
and the Secretary of the Navy shall each submit to the congressional 
defense committees a report that includes— 
(1) the policy guidance established pursuant to subsection 
(a), set forth separately for each class of covered vehicle; and 
(2) any other information the Secretaries determine to be 
appropriate. 
(d) COVERED VEHICLES.—In this section, the term ‘‘covered 
vehicles’’ means ground vehicles acquired on or after October 1, 
2018, under a major defense acquisition program (as such term 
is defined in section 2430 of title 10, United States Code), including 
light tactical vehicles, medium tactical vehicles, heavy tactical 
vehicles, and ground combat vehicles. 
10 USC 2430 
note. 
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130 STAT. 2041 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION 
OF CERTAIN CLUSTER MUNITIONS. 
(a) LIMITATION.—Except as provided in subsection (b), none 
of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 for the Department of Defense 
may be obligated or expended for the destruction of cluster muni-
tions until the date on which the Secretary of Defense submits 
the report required by subsection (c). 
(b) EXCEPTION FOR SAFETY.—The limitation under subsection 
(a) shall not apply to the destruction of cluster munitions that 
the Secretary determines— 
(1) are unserviceable as a result of an inspection, test, 
field incident, or other significant failure to meet performance 
or logistics requirements; or 
(2) are unsafe or could pose a safety risk if not demilitarized 
or destroyed. 
(c) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 1, 2017, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that includes each of the following ele-
ments: 
(A) A description of the policy of the Department of 
Defense regarding the use of cluster munitions, including 
an explanation of the process through which commanders 
may seek waivers to use such munitions. 
(B) A 10-year projection of the requirements and inven-
tory levels for all cluster munitions that takes into account 
future production of cluster munitions, any plans for demili-
tarization of such munitions, any plans for the recapitaliza-
tion of such munitions, the age of the munitions, storage 
and safety considerations, and other factors that will affect 
the size of the inventory. 
(C) A 10-year projection for the cost to achieve the 
inventory levels projected in subparagraph (B), including 
the cost for potential demilitarization or disposal of such 
munitions. 
(D) A 10-year projection for the cost to develop and 
produce new cluster munitions that comply with the Memo-
randum of the Secretary of Defense dated June 19, 2008, 
regarding the Department of Defense policy on cluster 
munitions and unintended harm to civilians that the Sec-
retary determines are necessary to meet the demands of 
current operational plans. 
(E) An assessment, by the Chairman of the Joint Chiefs 
of Staff, of the effects of the projected cluster inventory 
on operational plans. 
(F) Any other matters that the Secretary determines 
should be included in the report. 
(2) FORM OF REPORT.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may include 
a classified annex. 
(d) CLUSTER MUNITIONS DEFINED.—In this section, the term 
‘‘cluster munitions’’ includes systems delivered by aircraft, cruise 
missiles, artillery, mortars, missiles, tanks, rocket launchers, or 
naval guns that deploy payloads of explosive submunitions that 
detonate via target acquisition, impact, or altitude, or that self- 
destruct. 
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130 STAT. 2042 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 144. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS 
STRATEGY FOR THE COMBATANT COMMANDS. 
(a) REPORT REQUIRED.—Not later than April 1, 2017, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the munitions strategy for the combatant commands 
for the six-year period beginning on January 1, 2017. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) For each year covered by the report, an identification 
of the munitions requirements of the combatant commands, 
including— 
(A) plans, programming, and budgeting for each type 
of munition; and 
(B) the inventory of each type of munition. 
(2) An assessment of any gaps and shortfalls with respect 
to munitions determined to be essential to the ability of the 
combatant commands to fulfill mission requirements. 
(3) An assessment of how current and planned munitions 
programs may affect operational concepts and capabilities of 
the combatant commands. 
(4) An identification of limitations in relevant industrial 
bases and a description of necessary munitions investments. 
(5) An assessment of how munitions capability and capacity 
may be affected by changes consistent with the memorandum 
of the Secretary of Defense dated June 19, 2008, regarding 
the policy of the Department of Defense on cluster munitions 
and unintended harm to civilians. 
(6) Any other matters the Secretary determines appro-
priate. 
SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MIS-
SION REQUIREMENTS FUNDS. 
Section 123 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4158; 
10 U.S.C. 167 note) is amended— 
(1) in the section heading, by striking ‘‘QUARTERLY’’ and 
inserting ‘‘ANNUAL’’; 
(2) in the subsection heading of subsection (a), by striking 
‘‘QUARTERLY’’ and inserting ‘‘ANNUAL’’; and 
(3) by striking ‘‘quarter’’ each place it appears and inserting 
‘‘year’’. 
SEC. 146. REPORT ON ALTERNATIVE MANAGEMENT STRUCTURES FOR 
THE F–35 JOINT STRIKE FIGHTER PROGRAM. 
(a) IN GENERAL.—Not later than March 31, 2017, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on potential alternative management structures for the 
F–35 joint strike fighter program. 
(b) ELEMENTS.—The report under subsection (a) shall include 
the following: 
(1) An analysis of potential alternative management struc-
tures for the F–35 joint strike fighter program, including— 
(A) continuation of the joint program office for the 
program; 
(B) the establishment of separate program offices for 
the program in the Department of the Air Force and the 
Department of the Navy; 
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130 STAT. 2043 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) the establishment of separate program offices for 
each variant of the F–35A, F–35B, and F–35C; 
(D) division of responsibilities for the program between 
a joint program office and the military departments; and 
(E) such other alternative management structures as 
the Secretary determines to be appropriate. 
(2) An evaluation of the benefits and drawbacks of each 
alternative management structure analyzed in the report with 
respect to— 
(A) cost; 
(B) alignment of responsibility and accountability; and 
(C) the adequacy of representation from military 
departments and program partners. 
(c) FORM.—The report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
SEC. 147. COMPTROLLER GENERAL REVIEW OF F–35 LIGHTNING II 
AIRCRAFT SUSTAINMENT SUPPORT. 
(a) REVIEW.—Not later than September 30, 2017, the Comp-
troller General of the United States shall submit to the congres-
sional defense committees a report on the sustainment support 
structure for the F–35 Lightning II aircraft program. 
(b) ELEMENTS.—The review under subsection (a) shall include, 
with respect to the F–35 Lightning II aircraft program, the fol-
lowing: 
(1) The status of the sustainment support strategy for 
the program, including goals for personnel training, required 
infrastructure, and fleet readiness. 
(2) Approaches, including performance-based logistics, 
considered in developing the sustainment support strategy for 
the program. 
(3) Other information regarding sustainment and logistics 
support for the program that the Comptroller General deter-
mines to be of critical importance to the long-term viability 
of the program. 
SEC. 148. BRIEFING ON ACQUISITION STRATEGY FOR GROUND 
MOBILITY VEHICLE. 
(a) BRIEFING REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, in consultation with the 
Secretary of the Army, shall provide a briefing to the congressional 
defense committees on the acquisition strategy for the Ground 
Mobility Vehicle for use with the Global Response Force of the 
82nd Airborne Division. 
(b) ELEMENTS.—The briefing under subsection (a) shall include 
an assessment of the following: 
(1) The feasability of acquiring the Ground Mobility 
Vehicle— 
(A) as a commercially available off-the-shelf item (as 
such term is defined in section 104 of title 41, United 
States Code); or 
(B) as a modified version of such an item. 
(2) Whether acquiring the Ground Mobility Vehicle in a 
manner described in paragraph (1) would satisfy the require-
ments of the program and reduce the life-cycle cost of the 
program. 
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130 STAT. 2044 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) Whether the acquisition strategy for the Ground 
Mobility Vehicle meets the focus areas specified in the most 
recent version of the Better Buying Power initiative of the 
Secretary of Defense. 
(4) Whether including an active safety system in the 
Ground Mobility Vehicle, such as the electronic stability control 
system used on the joint light tactical vehicle, would reduce 
the risk of vehicle rollover. 
SEC. 149. STUDY AND REPORT ON OPTIMAL MIX OF AIRCRAFT 
CAPABILITIES FOR THE ARMED FORCES. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a study to determine— 
(A) an optimal mix of short-range fighter-class strike 
aircraft and long-range strike aircraft for the use of the 
Armed Forces during the covered period; 
(B) an optimal mix of manned aerial platforms and 
unmanned aerial platforms for the use of the Armed Forces 
during such period; and 
(C) an optimal mix of other aircraft and capabilities 
for the use of the Armed Forces during such period, 
including— 
(i) long-range, medium-range, and short-range 
intelligence, surveillance, reconnaissance, or strike air-
craft, or combination of such aircraft; 
(ii) aircraft with varying observability characteris-
tics; 
(iii) land-based and sea-based aircraft; 
(iv) advanced legacy fourth-generation aircraft 
platforms of proven design; 
(v) next generation air superiority capabilities; and 
(vi) advanced technology innovations. 
(2) CONSIDERATIONS.—In making the determinations under 
paragraph (1), the Secretary shall consider defense strategy, 
critical assumptions, priorities, force size, and cost. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than April 14, 2017, the Sec-
retary shall submit to the appropriate congressional committees 
a report that includes the following: 
(A) The results of the study conducted under subsection 
(a). 
(B) A discussion of the specific assumptions, observa-
tions, conclusions, and recommendations of the study. 
(C) A description of the modeling and analysis tech-
niques used for the study. 
(D) A plan for fielding complementary aircraft and 
capabilities identified as an optimal mix in the study under 
subsection (a). 
(E) A plan to meet objectives and fulfill the warfighting 
capability and capacity requirements of the combatant com-
mands using the aircraft and capabilities described in sub-
section (a). 
(2) FORM.—The report under paragraph (1) may be sub-
mitted in classified form, but shall include an unclassified 
executive summary. 
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130 STAT. 2045 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) NONDUPLICATION
OF
EFFORT.—If any information 
required under paragraph (1) has been included in another 
report or notification previously submitted to any of the appro-
priate congressional committees by law, the Secretary may 
provide a list of such reports and notifications at the time 
of submitting the report required under such paragraph instead 
of including such information in such report. 
(4) DEFINITIONS.—ln this subsection: 
(A) The term ‘‘appropriate congressional committees’’ 
means the congressional defense committees, the Select 
Committee on Intelligence of the Senate, and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives. 
(B) The term ‘‘covered period’’ means the period begin-
ning on the date of the enactment of this Act and ending 
on January 1, 2030. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Laboratory quality enhancement program. 
Sec. 212. Modification of mechanisms to provide funds for defense laboratories for 
research and development of technologies for military missions. 
Sec. 213. Making permanent authority for defense research and development rapid 
innovation program. 
Sec. 214. Authorization for National Defense University and Defense Acquisition 
University to enter into cooperative research and development agree-
ments. 
Sec. 215. Manufacturing Engineering Education Grant Program. 
Sec. 216. Notification requirement for certain rapid prototyping, experimentation, 
and demonstration activities. 
Sec. 217. Increased micro-purchase threshold for research programs and entities. 
Sec. 218. Improved biosafety for handling of select agents and toxins. 
Sec. 219. Designation of Department of Defense senior official with principal re-
sponsibility for directed energy weapons. 
Sec. 220. Restructuring of the distributed common ground system of the Army. 
Sec. 221. Limitation on availability of funds for the countering weapons of mass de-
struction system Constellation. 
Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experi-
mental. 
Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack 
Radar System (JSTARS) recapitalization program. 
Sec. 224. Acquisition program baseline and annual reports on follow-on moderniza-
tion program for F–35 Joint Strike Fighter. 
Subtitle C—Reports and Other Matters 
Sec. 231. Strategy for assured access to trusted microelectronics. 
Sec. 232. Pilot program on evaluation of commercial information technology. 
Sec. 233. Pilot program for the enhancement of the research, development, test, 
and evaluation centers of the Department of Defense. 
Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum 
warfare systems and electronic warfare capabilities. 
Sec. 235. Pilot program on disclosure of certain sensitive information to federally 
funded research and development centers. 
Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Re-
search Projects Agency and the service academies. 
Sec. 237. Independent review of F/A–18 physiological episodes and corrective ac-
tions. 
Sec. 238. B–21 bomber development program accountability matrices. 
Sec. 239. Study on helicopter crash prevention and mitigation technology. 
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130 STAT. 2046 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare 
Capabilities. 
Sec. 241. Sense of Congress on development and fielding of fifth generation air-
borne systems. 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in 
section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. LABORATORY QUALITY ENHANCEMENT PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, acting through 
the Assistant Secretary of Defense for Research and Engineering, 
shall carry out a program to be known as the ‘‘Laboratory Quality 
Enhancement Program’’ under which the Secretary shall establish 
the panels described in subsection (b) and direct such panels— 
(1) to review and make recommendations to the Secretary 
with respect to— 
(A) existing policies and practices affecting the science 
and technology reinvention laboratories to improve the mis-
sion effectiveness of such laboratories; and 
(B) new initiatives proposed by the science and tech-
nology reinvention laboratories; 
(2) to support implementation of current and future initia-
tives affecting the science and technology reinvention labora-
tories; and 
(3) to conduct assessments or data analysis on such other 
issues as the Secretary determines to be appropriate. 
(b) PANELS.—The panels described in this subsection are: 
(1) A panel on personnel, workforce development, and talent 
management. 
(2) A panel on facilities, equipment, and infrastructure. 
(3) A panel on research strategy, technology transfer, and 
industry and university partnerships. 
(4) A panel on governance and oversight processes. 
(c) COMPOSITION OF PANELS.—(1) Each panel described in para-
graphs (1) through (3) of subsection (b) may be composed of subject 
matter and technical management experts from— 
(A) laboratories and research centers of the Army, Navy, 
and Air Force; 
(B) appropriate Defense Agencies; 
(C) the Office of the Assistant Secretary of Defense for 
Research and Engineering; and 
(D) such other entities as the Secretary determines to 
be appropriate. 
(2) The panel described in subsection (b)(4) shall be composed 
of— 
(A) the Director of the Army Research Laboratory; 
10 USC 2358 
note. 
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130 STAT. 2047 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) the Director of the Air Force Research Laboratory; 
(C) the Director of the Naval Research Laboratory; 
(D) the Director of the Engineer Research and Development 
Center of the Army Corps of Engineers; and 
(E) such other members as the Secretary determines to 
be appropriate. 
(d) GOVERNANCE OF PANELS.—(1) The chairperson of each panel 
shall be selected by its members. 
(2) Each panel, in coordination with the Assistant Secretary 
of Defense for Research and Engineering, shall transmit to the 
Science and Technology Executive Committee of the Department 
of Defense such information or findings on topics requiring decision 
or approval as the panel considers appropriate. 
(e) DISCHARGE
OF CERTAIN AUTHORITIES
TO CONDUCT PER-
SONNEL DEMONSTRATION PROJECTS.—Subparagraph (C) of section 
342(b)(3) of the National Defense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 108 Stat. 2721), as added by section 
1114(a) of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 
398; 114 Stat. 1654A–315), is amended by inserting before the 
period at the end the following: ‘‘through the Assistant Secretary 
of Defense for Research and Engineering (who shall place an 
emphasis in the exercise of such authorities on enhancing efficient 
operations of the laboratory and who may, in exercising such 
authorities, request administrative support from science and tech-
nology reinvention laboratories to review, research, and adjudicate 
personnel demonstration project proposals)’’. 
(f) SCIENCE
AND
TECHNOLOGY
REINVENTION
LABORATORY 
DEFINED.—In this section, the term ‘‘science and technology reinven-
tion laboratory’’ means a science and technology reinvention labora-
tory designated under section 1105 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 
U.S.C. 2358 note), as amended. 
SEC. 212. MODIFICATION OF MECHANISMS TO PROVIDE FUNDS FOR 
DEFENSE LABORATORIES FOR RESEARCH AND DEVELOP-
MENT OF TECHNOLOGIES FOR MILITARY MISSIONS. 
(a) AMOUNT AUTHORIZED UNDER CURRENT MECHANISM.—Para-
graph (1) of subsection (a) of section 219 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 
2358 note) is amended in the matter before subparagraph (A) by 
striking ‘‘not more than three percent’’ and inserting ‘‘not less 
than two percent and not more than four percent’’. 
(b) ADDITIONAL MECHANISM TO PROVIDE FUNDS.—Such sub-
section is further amended by adding at the end the following 
new paragraph: 
‘‘(3) FEE.—After consultation with the science and tech-
nology executive of the military department concerned, the 
director of a defense laboratory may charge customer activities 
a fixed percentage fee, in addition to normal costs of perform-
ance, in order to obtain funds to carry out activities authorized 
by this subsection. The fixed fee may not exceed four percent 
of costs.’’. 
(c) MODIFICATION OF COST LIMIT COMPLIANCE FOR INFRASTRUC-
TURE PROJECTS.—Subsection (b)(4) of such section is amended by 
adding at the end the following new subparagraph: 
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130 STAT. 2048 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) Section 2802 of such title, with respect to construc-
tion projects that exceed the cost specified in subsection 
(a)(2) of section 2805 of such title for certain unspecified 
minor military construction projects for laboratories.’’. 
(d) REPEAL OF SUNSET.—Such section is amended by striking 
subsection (d). 
SEC. 213. MAKING PERMANENT AUTHORITY FOR DEFENSE RESEARCH 
AND DEVELOPMENT RAPID INNOVATION PROGRAM. 
Section 1073 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 
note) is amended— 
(1) in subsection (d), by striking ‘‘for each of fiscal years 
2011 through 2023 may be used for any such fiscal year’’ 
and inserting ‘‘for a fiscal year may be used for such fiscal 
year’’; and 
(2) by striking subsection (f). 
SEC. 214. AUTHORIZATION FOR NATIONAL DEFENSE UNIVERSITY AND 
DEFENSE ACQUISITION UNIVERSITY TO ENTER INTO 
COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS. 
(a) NATIONAL DEFENSE UNIVERSITY.—Section 2165 of title 10, 
United States Code, is amended by adding at the end the following 
new subsection: 
‘‘(f) COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.— 
(1) In engaging in research and development projects pursuant 
to subsection (a) of section 2358 of this title by a contract, coopera-
tive agreement, or grant pursuant to subsection (b)(1) of such sec-
tion, the Secretary may enter into such contract or cooperative 
agreement or award such grant through the National Defense 
University. 
‘‘(2) The National Defense University shall be considered a 
Government-operated Federal laboratory for purposes of section 
12 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a).’’. 
(b) DEFENSE ACQUISITION UNIVERSITY.—Section 1746 of title 
10, United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(d) COOPERATIVE
RESEARCH
AND
DEVELOPMENT
AGREE-
MENTS.—(1) In engaging in research and development projects 
pursuant to subsection (a) of section 2358 of this title by a contract, 
cooperative agreement, or grant pursuant to subsection (b)(1) of 
such section, the Secretary may enter into such contract or coopera-
tive agreement or award such grant through the Defense Acquisition 
University. 
‘‘(2) The Defense Acquisition University shall be considered 
a Government-operated Federal laboratory for purposes of section 
12 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a).’’. 
SEC. 215. MANUFACTURING ENGINEERING EDUCATION GRANT PRO-
GRAM. 
Section 2196 of title 10, United States Code, is amended to 
read as follows: 
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130 STAT. 2049 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 2196. Manufacturing engineering education program 
‘‘(a) ESTABLISHMENT OF MANUFACTURING ENGINEERING EDU-
CATION PROGRAM.—(1) The Secretary of Defense shall establish 
a program under which the Secretary makes grants or other awards 
to support— 
‘‘(A) the enhancement of existing programs in manufac-
turing engineering education to further a mission of the depart-
ment; or 
‘‘(B) the establishment of new programs in manufacturing 
engineering education that meet such requirements. 
‘‘(2) Grants and awards under this section may be made to 
industry, not-for-profit institutions, institutions of higher education, 
or to consortia of such institutions or industry. 
‘‘(3) The Secretary shall establish the program in consultation 
with the Secretary of Education, the Director of the National Science 
Foundation, the Director of the Office of Science and Technology 
Policy, and the secretaries of such other relevant Federal agencies 
as the Secretary considers appropriate. 
‘‘(4) The Secretary shall ensure that the program is coordinated 
with Department programs associated with advanced manufac-
turing. 
‘‘(5) The program shall be known as the ‘Manufacturing 
Engineering Education Program’. 
‘‘(b) GEOGRAPHICAL DISTRIBUTION OF GRANTS AND AWARDS.— 
In awarding grants and other awards under this subsection, the 
Secretary shall, to the maximum extent practicable, avoid geo-
graphical concentration of awards. 
‘‘(c) COVERED PROGRAMS.—A program of engineering education 
supported pursuant to this section shall meet the requirements 
of this section. 
‘‘(d) COMPONENTS OF PROGRAM.—The program of education for 
which such a grant is made shall be a consolidated and integrated 
multidisciplinary program of education with an emphasis on the 
following components: 
‘‘(1) Multidisciplinary instruction that encompasses the 
total manufacturing engineering enterprise and that may 
include— 
‘‘(A) manufacturing engineering education and training 
through classroom activities, laboratory activities, thesis 
projects, individual or team projects, internships, coopera-
tive work-study programs, and interactions with industrial 
facilities, consortia, or such other activities and organiza-
tions in the United States and foreign countries as the 
Secretary considers appropriate; 
‘‘(B) faculty development programs; 
‘‘(C) recruitment of educators highly qualified in manu-
facturing engineering to teach or develop manufacturing 
engineering courses; 
‘‘(D) presentation of seminars, workshops, and training 
for the development of specific manufacturing engineering 
skills; 
‘‘(E) activities involving interaction between students 
and industry, including programs for visiting scholars, per-
sonnel exchange, or industry executives; 
‘‘(F) development of new, or updating and modification 
of existing, manufacturing curriculum, course offerings, and 
education programs; 
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130 STAT. 2050 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(G) establishment of programs in manufacturing 
workforce training; 
‘‘(H) establishment of joint manufacturing engineering 
programs with defense laboratories and depots; and 
‘‘(I) expansion of manufacturing training and education 
programs and outreach for members of the armed forces, 
dependents and children of such members, veterans, and 
employees of the Department of Defense. 
‘‘(2) Opportunities for students to obtain work experience 
in manufacturing through such activities as internships, 
summer job placements, or cooperative work-study programs. 
‘‘(3) Faculty and student engagement with industry that 
is directly related to, and supportive of, the education of stu-
dents in manufacturing engineering because of— 
‘‘(A) the increased understanding of manufacturing 
engineering challenges and potential solutions; and 
‘‘(B) the enhanced quality and effectiveness of the 
instruction that result from that increased understanding. 
‘‘(e) PROPOSALS.—The Secretary of Defense shall solicit pro-
posals for grants and other awards to be made pursuant to this 
section for the support of programs of manufacturing engineering 
education that are consistent with the purposes of this section. 
‘‘(f) MERIT COMPETITION.—Applications for awards shall be 
evaluated on the basis of merit pursuant to competitive procedures 
prescribed by the Secretary. 
‘‘(g) SELECTION CRITERIA.—The Secretary may select a proposal 
for an award pursuant to this section if the proposal, at a minimum, 
does each of the following: 
‘‘(1) 
Contains 
innovative 
approaches 
for 
improving 
engineering education in manufacturing technology. 
‘‘(2) Demonstrates a strong commitment by the proponents 
to apply the resources necessary to achieve the objectives for 
which the award is to be made. 
‘‘(3) Provides for effective engagement with industry or 
government organizations that supports the instruction to be 
provided in the proposed program and is likely to improve 
manufacturing engineering and technology. 
‘‘(4) Demonstrates a significant level of involvement of 
United States industry in the proposed instructional and 
research activities. 
‘‘(5) Is likely to attract superior students and promote 
careers in manufacturing engineering. 
‘‘(6) Proposes to involve fully qualified personnel who are 
experienced in manufacturing engineering education and tech-
nology. 
‘‘(7) Proposes a program that, within three years after 
the award is made, is likely to attract from sources other 
than the Federal Government the financial and other support 
necessary to sustain such program. 
‘‘(8) Proposes to achieve a significant level of participation 
by women, members of minority groups, and individuals with 
disabilities through active recruitment of students from among 
such persons. 
‘‘(9) Trains students in advanced manufacturing and in 
relevant emerging technologies and production processes. 
‘‘(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this sec-
tion, the term ‘institution of higher education’ has the meaning 
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130 STAT. 2051 
PUBLIC LAW 114–328—DEC. 23, 2016 
given such term in section 101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)).’’. 
SEC. 216. NOTIFICATION REQUIREMENT FOR CERTAIN RAPID PROTO-
TYPING, 
EXPERIMENTATION, 
AND 
DEMONSTRATION 
ACTIVITIES. 
(a) NOTICE REQUIRED.—The Secretary of the Navy shall not 
initiate a covered activity until a period of 10 business days has 
elapsed following the date on which the Secretary submits to the 
congressional defense committees the notice described in subsection 
(b) with respect to such activity. 
(b) ELEMENTS OF NOTICE.—The notice described in this sub-
section is a written notice of the intention of the Secretary to 
initiate a covered activity. Each such notice shall include the fol-
lowing: 
(1) A description of the activity. 
(2) Estimated costs and funding sources for the activity, 
including a description of any cost-sharing or in-kind support 
arrangements with other participants. 
(3) A description of any transition agreement, including 
the identity of any partner organization that may receive the 
results of the covered activity under such an agreement. 
(4) Identification of major milestones and the anticipated 
date of completion of the activity. 
(c) COVERED ACTIVITY.—In this section, the term ‘‘covered 
activity’’ means a rapid prototyping, experimentation, or demonstra-
tion activity carried out under program element 0603382N. 
(d) SUNSET.—The requirements of this section shall terminate 
five years after the date of the enactment of this Act. 
SEC. 217. INCREASED MICRO-PURCHASE THRESHOLD FOR RESEARCH 
PROGRAMS AND ENTITIES. 
(a) 
INCREASED
MICRO-PURCHASE
THRESHOLD
FOR
BASIC 
RESEARCH PROGRAMS
AND ACTIVITIES
OF
THE DEPARTMENT
OF 
DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.— 
(1) IN GENERAL.—Chapter 137 of title 10, United States 
Code, as amended by section 821(a), is further amended by 
adding at the end the following new section: 
‘‘§ 2339. Micro-purchase threshold for basic research pro-
grams and activities of the Department of Defense 
science and technology reinvention laboratories 
‘‘Notwithstanding subsection (a) of section 1902 of title 41, 
the micro-purchase threshold for the Department of Defense for 
purposes of such section is $10,000 for purposes of basic research 
programs and for the activities of the Department of Defense science 
and technology reinvention laboratories.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter, as amended by section 821b, is 
further amended by adding at the end the following new item: 
‘‘2339. Micro-purchase threshold for basic research programs and activities of the 
Department of Defense science and technology reinvention labora-
tories.’’. 
(b) INCREASED MICRO-PURCHASE THRESHOLD FOR UNIVERSITIES, 
INDEPENDENT RESEARCH INSTITUTES, AND NONPROFIT RESEARCH 
ORGANIZATIONS.—Section 1902 of title 41, United States Code, is 
amended— 
10 USC 2301 
prec. 
10 USC 2339. 
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130 STAT. 2052 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in subsection (a)— 
(A) by striking ‘‘For purposes’’ and inserting ‘‘(1) Except 
as provided in sections 2338 and 2339 of title 10 and 
paragraph (2) of this subsection, for purposes’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2) For purposes of this section, the micro-purchase threshold 
for procurement activities administered under sections 6303 
through 6305 of title 31 by institutions of higher education (as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a)), or related or affiliated nonprofit entities, or 
by nonprofit research organizations or independent research 
institutes is— 
‘‘(A) $10,000; or 
‘‘(B) such higher threshold as determined appropriate by 
the head of the relevant executive agency and consistent with 
clean audit findings under chapter 75 of title 31, internal 
institutional risk assessment, or State law.’’; and 
(2) in subsections (d) and (e), by striking ‘‘not greater 
than $3,000’’ and inserting ‘‘with a price not greater than 
the micro-purchase threshold’’. 
SEC. 218. IMPROVED BIOSAFETY FOR HANDLING OF SELECT AGENTS 
AND TOXINS. 
(a) QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM.— 
The Secretary of Defense, acting through the executive agent for 
the biological select agent and toxin biosafety program of the 
Department of Defense, shall carry out a program to implement 
certain quality control and quality assurance measures at each 
covered facility. 
(b) QUALITY CONTROL AND QUALITY ASSURANCE MEASURES.— 
Subject to subsection (c), the quality control and quality assurance 
measures implemented at each covered facility under subsection 
(a) shall include the following: 
(1) Designation of an external manager to oversee quality 
assurance and quality control. 
(2) Environmental sampling and inspection. 
(3) Production procedures that prohibit operations where 
live biological select agents and toxins are used in the same 
laboratory where viability testing is conducted. 
(4) Production procedures that prohibit work on multiple 
organisms or multiple strains of one organism within the same 
biosafety cabinet. 
(5) A video surveillance program that uses video monitoring 
as a tool to improve laboratory practices in accordance with 
regulatory requirements. 
(6) Formal, recurring data reviews of production in an 
effort to identify data trends and nonconformance issues before 
such issues affect end products. 
(7) Validated protocols for production processes to ensure 
that process deviations are adequately vetted prior to 
implementation. 
(8) Maintenance and calibration procedures and schedules 
for all tools, equipment, and irradiators. 
(c) WAIVER.—In carrying out the program under subsection 
(a), the Secretary may waive any of the quality control and quality 
assurance measures required under subsection (b) in the interest 
of national defense. 
50 USC 1527 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(d) STUDY AND REPORT REQUIRED.— 
(1) STUDY.—The Secretary of Defense shall carry out a 
study to evaluate— 
(A) the feasibility of consolidating covered facilities 
within a unified command to minimize risk; 
(B) opportunities to partner with industry for the 
production of biological select agents and toxins and related 
services in lieu of maintaining such capabilities within 
the Department of the Army; and 
(C) whether operations under the biological select agent 
and toxin production program should be transferred to 
another government or commercial laboratory that may 
be better suited to execute production for non-Department 
of Defense customers. 
(2) REPORT.—Not later than February 1, 2017, the Sec-
retary shall submit to the congressional defense committees 
a report on the results of the study under paragraph (1). 
(e) COMPTROLLER GENERAL REVIEW.—Not later than September 
1, 2017, the Comptroller General of the United States shall submit 
to the congressional defense committees a report that includes 
the following: 
(1) A review of— 
(A) the actions taken by the Department of Defense 
to address the findings and recommendations of the report 
of the Department of the Army titled ‘‘Individual and 
Institutional Accountability for the Shipment of Viable 
Bacillus Anthracis from Dugway Proving Grounds’’, dated 
December 15, 2015, including any actions taken to address 
the culture of complacency in the biological select agent 
and toxin production program identified in such report; 
and 
(B) the progress of the Secretary in carrying out the 
program under subsection (a). 
(2) An analysis of the study and report under subsection 
(d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘biological select agent and toxin’’ means 
any agent or toxin identified under— 
(A) section 331.3 of title 7, Code of Federal Regulations; 
(B) section 121.3 or section 121.4 of title 9, Code of 
Federal Regulations; or 
(C) section 73.3 or section 73.4 of title 42, Code of 
Federal Regulations. 
(2) The term ‘‘covered facility’’ means any facility of the 
Department of Defense that produces biological select agents 
and toxins. 
SEC. 219. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFI-
CIAL WITH PRINCIPAL RESPONSIBILITY FOR DIRECTED 
ENERGY WEAPONS. 
(a) DESIGNATION OF SENIOR OFFICIAL.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
designate a senior official already serving within the Depart-
ment of Defense as the official with principal responsibility 
for the development and demonstration of directed energy 
weapons for the Department. 
10 USC 2431 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(2) DEVELOPMENT OF STRATEGIC PLAN.— 
(A) IN GENERAL.—The senior official designated under 
paragraph (1) shall develop a detailed strategic plan to 
develop, mature, and transition directed energy tech-
nologies to acquisition programs of record. 
(B) ROADMAP.—Such strategic plan shall include a stra-
tegic roadmap for the development and fielding of directed 
energy weapons and key enabling capabilities for the 
Department, identifying and coordinating efforts across 
military departments to achieve overall joint mission 
effectiveness. 
(3) ACCELERATION
OF
DEVELOPMENT
AND
FIELDING
OF 
DIRECTED ENERGY WEAPONS CAPABILITIES.— 
(A) IN GENERAL.—To the degree practicable, the senior 
official designated under paragraph (1) shall use the flexi-
bility of the policies of the Department in effect on the 
day before the date of the enactment of this Act, or any 
successor policies, to accelerate the development and 
fielding of directed energy capabilities. 
(B) ENGAGEMENT.—The Secretary shall use the flexi-
bility of the policies of the Department in effect on the 
day before the date of the enactment of this Act, or any 
successor policies, to ensure engagement with defense and 
private industries, research universities, and unaffiliated, 
nonprofit research institutions. 
(4) ADVICE
FOR
EXERCISES
AND
DEMONSTRATIONS.—The 
senior official designated under paragraph (1) shall, to the 
degree practicable, provide technical advice and support to enti-
ties in the Department of Defense and the military departments 
conducting exercises or demonstrations with the purpose of 
improving the capabilities of or operational viability of technical 
capabilities supporting directed energy weapons, including sup-
porting military utility assessments of the relevant cost and 
benefits of directed energy weapon systems. 
(5) SUPPORT FOR DEVELOPMENT OF REQUIREMENTS.—The 
senior official designated under paragraph (1) shall coordinate 
with the military departments, Defense Agencies, and the Joint 
Directed Energy Transition Office to define requirements for 
directed energy capabilities that address the highest priority 
warfighting capability gaps of the Department. 
(6) AVAILABILITY
OF
INFORMATION.—The Secretary of 
Defense shall ensure that the senior official designated under 
paragraph (1) has access to such information on programs 
and activities of the military departments and other defense 
agencies as the Secretary considers appropriate to coordinate 
departmental directed energy efforts. 
(b) JOINT DIRECTED ENERGY TRANSITION OFFICE.— 
(1) REDESIGNATION.—The High Energy Laser Joint Tech-
nology Office of the Department of Defense is hereby redesig-
nated as the ‘‘Joint Directed Energy Transition Office’’ (in this 
subsection referred to as the ‘‘Office’’), and shall report to 
the official designated under subsection (a)(1). 
(2) ADDITIONAL FUNCTIONS.—In addition to the functions 
and duties of the Office in effect on the day before the date 
of the enactment of this Act, the Office shall assist the senior 
official designated under paragraph (1) of subsection (a) in 
carrying out paragraphs (2) through (5) of such subsection. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(3) FUNDING.—The Secretary may make available such 
funds to the Office for basic research, applied research, 
advanced technology development, prototyping, studies and 
analyses, and organizational support as the Secretary considers 
appropriate to support the efficient and effective development 
of directed energy systems and technologies and transition of 
those systems and technologies into acquisition programs or 
operational use. 
SEC. 220. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND 
SYSTEM OF THE ARMY. 
(a) IN GENERAL.—Not later that April 1, 2017, the Secretary 
of the Army shall restructure versions of the distributed common 
ground system of the Army after Increment 1— 
(1) by discontinuing development of new software code, 
excluding the configuration and testing of system interfaces 
to commercial, open source, and existing Government off the 
shelf (GOTS) software, of any component of the system for 
which there is commercial, open source, or Government off 
the shelf software that is capable of fulfilling at least 80 percent 
of the system requirements applicable to such component; and 
(2) by conducting a review of the acquisition strategy of 
the program to ensure that procurement of commercial software 
is the preferred method of meeting program requirements for 
major system components. 
(b) LIMITATION.—The Secretary of the Army shall not award 
any contract for the development of new component software capa-
bility for the distributed common ground system of the Army if 
such a capability is already a commercial item or open source, 
except for configuration of capabilities that are incidental to and 
necessary for the proper functioning of the system. 
(c) REPORT REQUIRED.— 
(1) REQUIREMENT.—Not later than March 1, 2018, the 
Under Secretary of Defense for Acquisition, Technology and 
Logistics, in consultation with the Director, Operational Test 
and Evaluation, shall submit to the congressional defense 
committees a report on the Increment 2 of the distributed 
common ground system of the Army. 
(2) ELEMENTS OF REPORT.—The report required by para-
graph (1) shall include, at a minimum, the following: 
(A) The overall assessment of the system and each 
individual major component of the system. 
(B) The status of alignment with the Intelligence 
Community Information Technology Enterprise (IC-ITE). 
(C) The ease of use of Increment 2 as compared with 
Increment 1 for operators in deployed environments. 
(D) The extent to which a common, synchronized view 
of all system data is globally available to all system users, 
at all times. 
(E) The level of maturity of the technologies underlying 
core system components and application programming 
interfaces. 
(F) The extent to which program operators can move 
data seamlessly between different components of the 
system. 
10 USC 3013 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUN-
TERING WEAPONS OF MASS DESTRUCTION SYSTEM CON-
STELLATION. 
(a) LIMITATION.—Not more than 50 percent of the funds author-
ized to be appropriated by this Act or otherwise made available 
for fiscal year 2017 for the countering weapons of mass destruction 
situational awareness information system commonly known as 
‘‘Constellation’’ may be obligated or expended for research, develop-
ment, or prototyping for such system until the report required 
by subsection (b)(4) has been delivered to the congressional defense 
committees. 
(b) INDEPENDENT REVIEW AND ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall provide 
for an independent review and assessment of the requirements 
and implementation for research, development, and prototyping 
for the Constellation system prior to a Milestone A decision 
or other operational use. 
(2) ELEMENTS OF INDEPENDENT REVIEW.—The independent 
review provided for under paragraph (1) shall include the fol-
lowing: 
(A) A review of the major software components of the 
system and an explanation of the requirements of the 
Department of Defense with respect to each such compo-
nent. 
(B) A review of the requirements validated in the 
Information System Initial Capabilities Document (ISICD) 
and capability gaps identified for duplication and redun-
dancy with other validated information technology require-
ments and capability gaps. 
(C) Identification of elements and applications of the 
system that cannot be implemented using the existing tech-
nical infrastructure and tools of the Department of Defense 
or the infrastructure and tools in development. 
(D) An overview of a security plan to achieve an accred-
ited cross-domain solution system, including security mile-
stones and proposed security architecture to mitigate both 
insider and outsider threats. 
(E) Identification of the planned categories of end- 
users of the system, linked to organizations, mission 
requirements, and concept of operations, the expected total 
number of end-users, and the associated permissions 
granted to such users. 
(3) ENTITY CONDUCTING INDEPENDENT REVIEW AND ASSESS-
MENT.—The Secretary shall ensure that— 
(A) the independent review and assessment provided 
for under paragraph (1) is conducted by a federally funded 
research and development center selected (or entered into 
an arrangement with) by the Secretary or such other entity 
as the Secretary considers appropriate; and 
(B) such center or entity provides periodic updates 
to the congressional defense committees on such inde-
pendent review and assessment prior to the completion 
of the independent review and assessment. 
(4) REPORT ON INDEPENDENT REVIEW AND ASSESSMENT.— 
The Secretary shall submit to the congressional defense commit-
tees a report containing— 
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130 STAT. 2057 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) the findings of the center or entity selected (or 
entered into an arrangement with) under paragraph (3)(A) 
with respect to the independent review and assessment 
conducted by such center or entity pursuant to such para-
graph; and 
(B) an assessment of the need to continue Constellation 
research, development, and prototyping. 
SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE 
INNOVATION UNIT EXPERIMENTAL. 
(a) LIMITATION.— 
(1) OPERATION AND MAINTENANCE.—Of the funds specified 
in subsection (c)(1), not more than 75 percent may be obligated 
or expended until the date on which the Secretary of Defense 
submits to the congressional defense committees the report 
under subsection (b). 
(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—Of 
the funds specified in subsection (c)(2), not more than 25 per-
cent may be obligated or expended until the date on which 
the Secretary submits to the congressional defense committees 
the report under subsection (b). 
(b) REPORT REQUIRED.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the Defense 
Innovation Unit Experimental. Such report shall include the fol-
lowing: 
(1) The charter and mission statement of the Unit. 
(2) A description of— 
(A) the management and operations of the Unit, 
including— 
(i) the governance structure of the Unit; 
(ii) the process for coordinating and deconflicting 
the activities of the Unit with similar activities of 
the Small Business Innovation Research Program, mili-
tary departments, Defense Agencies, and other depart-
ments and agencies of the Federal Government, 
including activities carried out by In-Q-Tel, the Defense 
Advanced Research Projects Agency, and Department 
of Defense laboratories; 
(iii) the direct staffing requirements of the Unit, 
including a description of the desired skills and exper-
tise of such staff at each location; 
(iv) the number of civilian and military personnel 
provided by the military departments and Defense 
Agencies to support the Unit; and 
(v) any planned expansion to new sites, the metrics 
used to identify such sites, and an explanation of how 
such expansion will provide access to innovations of 
nontraditional defense contractors (as such term is 
defined in section 2302 of title 10, United States Code) 
that are not otherwise accessible; and 
(B) policies and practices that will enable the Unit 
to 
best 
support 
Department 
of 
Defense 
missions, 
including— 
(i) the metrics used to measure the effectiveness 
of the Unit; 
(ii) how compliance with Department of Defense 
or Federal Government requirements could affect the 
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130 STAT. 2058 
PUBLIC LAW 114–328—DEC. 23, 2016 
ability of nontraditional defense contractors (as such 
term is defined in section 2302 of title 10, United 
States Code) to market products and obtain funding; 
(iii) how to treat intellectual property that has 
been developed with little or no government funding; 
(iv) detailed justification for the expansion of the 
mission of the Unit, including authority to use research 
and development agreements, contracts, and merit- 
based prize competitions to explore emerging tech-
nologies and additional physical locations; 
(v) a description of how existing Department of 
Defense agencies, services, entities, and other elements 
are authorized to better use streamlined acquisition 
procedures, research and development agreements, 
contracts, and merit-based prize competitions to 
explore emerging technologies, including modification 
of guidance and procedures to permit effective and 
streamlined implementation of authorities provided by 
Congress for rapid execution; 
(vi) an account of the successes and failures of 
contracts already awarded by the unit; 
(vii) recommendations on practices, policies, and 
authorities that will permit increased public-private 
partnership in financing and funding of research and 
technology development efforts; and 
(viii) a description of technology transition strate-
gies to ensure that research and technology programs 
funded by the Unit will be effectively and efficiently 
transitioned into operational use or acquisition pro-
grams, including a description of the role of Defense 
laboratories in such technology transition efforts. 
(3) Any other information the Secretary determines to be 
appropriate. 
(c) FUNDS SPECIFIED.—The funds specified in this subsection 
are as follows: 
(1) Funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for operation 
and maintenance, Defense-wide, for the Defense Innovation 
Unit Experimental. 
(2) Funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for research, 
development, test, and evaluation, Defense-wide, for the 
Defense Innovation Unit Experimental. 
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT 
SURVEILLANCE TARGET ATTACK RADAR SYSTEM (JSTARS) 
RECAPITALIZATION PROGRAM. 
(a) IN GENERAL.—Except as provided in subsection (b), none 
of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 or any other fiscal year for 
the Air Force may be made available for the Air Force’s Joint 
Surveillance Target Attack Radar System (JSTARS) recapitalization 
program unless the contract for engineering and manufacturing 
development uses a firm fixed-price contract structure. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(b) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary 
of Defense may waive the limitation in subsection (a) if the Sec-
retary determines that such a waiver is in the national security 
interests of the United States. 
SEC. 224. ACQUISITION PROGRAM BASELINE AND ANNUAL REPORTS 
ON FOLLOW-ON MODERNIZATION PROGRAM FOR F–35 
JOINT STRIKE FIGHTER. 
(a) LIMITATION.—The Secretary of Defense may not award any 
follow-on modernization development contracts for the F–35 Joint 
Strike Fighter until the Secretary has submitted the report required 
by subsection (b)(1) in accordance with such subsection. 
(b) ACQUISITION PROGRAM BASELINE.— 
(1) IN GENERAL.—Not later than March 31, 2017, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that contains the basic elements of an 
acquisition program baseline for Block 4 Modernization. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) Cost estimates for development, production, and 
modification. 
(B) Projected key schedule dates, including dates for 
the completion of— 
(i) a capabilities development document; 
(ii) an independent cost estimate; 
(iii) an initial preliminary design review; 
(iv) a development contract award; and 
(v) a critical design review. 
(C) Technical performance parameters. 
(D) Technology readiness levels. 
(E) Annual funding profiles for development and 
procurement. 
(c) REVIEW
BY
COMPTROLLER
GENERAL
OF
THE
UNITED 
STATES.—Not later than 60 days after the date on which the report 
required by subsection (b)(1) is submitted to the congressional 
defense committees in accordance with such subsection, the Comp-
troller General of the United States shall— 
(1) review such report; and 
(2) brief the congressional defense committees on the 
findings of the Comptroller General with respect to such review. 
(d) ANNUAL REPORTS BY SECRETARY OF DEFENSE.—Not later 
than one year after the date on which the Secretary awards a 
development contract for follow-on modernization of the F–35 Joint 
Strike Fighter and not less frequently than once each year there-
after until March 31, 2023, the Secretary shall submit to the 
congressional defense committees a report on the cost, schedule, 
and performance progress against the baseline set forth in the 
report submitted pursuant to subsection (b)(1). 
Subtitle C—Reports and Other Matters 
SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELEC-
TRONICS. 
(a) STRATEGY.—The Secretary of Defense shall develop a 
strategy to ensure that the Department of Defense has assured 
10 USC 2302 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
access to trusted microelectronics by not later than September 
30, 2019. 
(b) ELEMENTS.—The strategy under subsection (a) shall include 
the following: 
(1) Definitions of the various levels of trust required by 
classes of Department of Defense systems. 
(2) Means of classifying systems of the Department of 
Defense based on the level of trust such systems are required 
to maintain with respect to microelectronics. 
(3) Means by which trust in microelectronics can be 
assured. 
(4) Means to increase the supplier base for assured micro-
electronics to ensure multiple supply pathways. 
(5) An assessment of the microelectronics needs of the 
Department of Defense in future years, including the need 
for trusted, radiation-hardened microelectronics. 
(6) An assessment of the microelectronic needs of the 
Department of Defense that may not be fulfilled by entities 
outside the Department of Defense. 
(7) The resources required to assure access to trusted micro-
electronics, including infrastructure, workforce, and invest-
ments in science and technology. 
(8) A research and development strategy to ensure that 
the Department of Defense can, to the maximum extent prac-
ticable, use state of the art commercial microelectronics 
capabilities or their equivalent, while satisfying the needs for 
trust. 
(9) Recommendations for changes in authorities, regula-
tions, and practices, including acquisition policies, financial 
management, public-private partnership policies, or in any 
other relevant areas, that would support the achievement of 
the goals of the strategy. 
(c) SUBMISSION AND UPDATES.—(1) Not later than one year 
after the date of the enactment of this Act, the Secretary shall 
submit to the congressional defense committees the strategy devel-
oped under subsection (a). The strategy shall be submitted in 
unclassified form, but may include a classified annex. 
(2) Not later than two years after submitting the strategy 
under paragraph (1) and not less frequently than once every two 
years thereafter until September 30, 2024, the Secretary shall 
update the strategy as the Secretary considers appropriate to sup-
port Department of Defense missions. 
(d) DIRECTIVE REQUIRED.—Not later than September 30, 2019, 
the Secretary of Defense shall issue a directive for the Department 
of Defense describing how Department of Defense entities may 
access assured and trusted microelectronics supply chains for 
Department of Defense systems. 
(e) REPORT AND CERTIFICATION.—Not later than September 30, 
2020, the Secretary of the Defense shall submit to the congressional 
defense committees— 
(1) a report on— 
(A) the status of the implementation of the strategy 
developed under subsection (a); 
(B) the actions being taken to achieve full implementa-
tion of such strategy, and a timeline for such implementa-
tion; and 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(C) the status of the implementation of the directive 
required by subsection (d); and 
(2) a certification of whether the Department of Defense 
has an assured means for accessing a sufficient supply of 
trusted microelectronics, as required by the strategy developed 
under subsection (a). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘assured’’ refers, with respect to microelec-
tronics, to the ability of the Department of Defense to guarantee 
availability of microelectronics parts at the necessary volumes 
and with the performance characteristics required to meet the 
needs of the Department of Defense. 
(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer, with respect 
to microelectronics, to the ability of the Department of Defense 
to have confidence that the microelectronics function as 
intended and are free of exploitable vulnerabilities, either inten-
tionally or unintentionally designed or inserted as part of the 
system at any time during its life cycle. 
SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMERCIAL 
INFORMATION TECHNOLOGY. 
(a) PILOT PROGRAM.—The Director of the Defense Information 
Systems Agency may carry out a pilot program to evaluate commer-
cially available information technology tools to better understand 
the potential impact of such tools on networks and computing 
environments of the Department of Defense. 
(b) ACTIVITIES.—Activities under the pilot program may include 
the following: 
(1) Prototyping, experimentation, operational demonstra-
tion, military user assessments, and other means of obtaining 
quantitative and qualitative feedback on the commercial 
information technology products. 
(2) Engagement with the commercial information tech-
nology industry to— 
(A) forecast military requirements and technology 
needs; and 
(B) support the development of market strategies and 
program 
requirements 
before 
finalizing 
acquisition 
decisions and strategies. 
(3) Assessment of novel or innovative commercial tech-
nology for use by the Department of Defense. 
(4) Assessment of novel or innovative contracting mecha-
nisms to speed delivery of capabilities to the Armed Forces. 
(5) Solicitation of operational user input to shape future 
information technology requirements of the Department of 
Defense. 
(c) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts 
authorized to be appropriated for research, development, test, and 
evaluation, Defense-wide, for each of fiscal years 2017 through 
2022, not more than $15,000,000 may be expended on the pilot 
program in any such fiscal year. 
SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF THE 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CEN-
TERS OF THE DEPARTMENT OF DEFENSE. 
(a) PILOT PROGRAM REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense and the secre-
taries of the military departments shall jointly carry out a 
10 USC 2358 
note. 
10 USC 2223 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
pilot program to demonstrate methods for the more effective 
development of technology and management of functions at 
eligible centers. 
(2) ELIGIBLE CENTERS.—For purposes of the pilot program, 
the eligible centers are— 
(A) the science and technology reinvention laboratories, 
as specified in section 1105(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 
note); 
(B) the test and evaluation centers which are activities 
specified as part of the Major Range and Test Facility 
Base in Department of Defense Directive 3200.11; and 
(C) the Defense Advanced Research Projects Agency. 
(b) SELECTION.— 
(1) IN GENERAL.—The secretaries described in subsection 
(a) shall ensure that participation in the pilot program 
includes— 
(A) the Defense Advanced Research Projects Agency; 
and 
(B) in accordance with paragraph (2)— 
(i) five additional eligible centers described in 
subparagraph (A) of subsection (a)(2) from each of the 
military departments; and 
(ii) five additional eligible centers described in 
subparagraph (B) of such subsection from each of the 
military departments. 
(2) SELECTION PROCEDURES.—(A) The head of an eligible 
center described in subparagraph (A) or (B) of subsection (a)(2) 
seeking to participate in the pilot program shall submit to 
the appropriate reviewer an application therefor at such time, 
in such manner, and containing such information as the appro-
priate reviewer shall specify. 
(B) Not later than 120 days after the date of the enactment 
of this Act, each appropriate reviewer shall— 
(i) evaluate each application received under subpara-
graph (A); and 
(ii) approve or disapprove of the application. 
(C) If the head of an eligible center submits an application 
under subparagraph (A) in accordance with the requirements 
specified by the appropriate reviewer for purposes of such 
subparagraph and the appropriate reviewer neither approves 
nor disapproves such application pursuant to subparagraph 
(B)(ii) on or before the date that is 120 days after the date 
of the enactment of this Act, such eligible center shall be 
considered a participant in the pilot program. 
(D) For purposes of this paragraph, the appropriate 
reviewer is— 
(i) in the case of an eligible center described in subpara-
graph (A) of subsection (a)(2), the Laboratory Quality 
Enhancement Program; and 
(ii) in the case of an eligible center described in 
subparagraph (B) of such subsection, the Director of the 
Test Resource Management Center. 
(c) PARTICIPATION IN PROGRAM.— 
(1) IN GENERAL.—Subject to paragraph (2), the head of 
each eligible center selected under subsection (b)(1) shall pro-
pose and implement alternative and innovative methods of 
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effective management and operations of eligible centers, rapid 
project delivery, support, experimentation, prototyping, and 
partnership with universities and private sector entities to— 
(A) generate greater value and efficiencies in research 
and development activities; 
(B) enable more efficient and effective operations of 
supporting activities, such as— 
(i) facility management, construction, and repair; 
(ii) business operations; 
(iii) personnel management policies and practices; 
and 
(iv) intramural and public outreach; and 
(C) enable more rapid deployment of warfighter 
capabilities. 
(2) IMPLEMENTATION.—(A) The head of an eligible center 
described in subparagraph (A) or (B) of subsection (a)(2) shall 
implement each method proposed under paragraph (1) unless 
such method is disapproved in writing by the Assistant Sec-
retary concerned within 60 days of receiving a proposal from 
an eligible center selected under subsection (b)(1) by such 
Assistant Secretary. 
(B) The Director of the Defense Advanced Research Projects 
Agency shall implement each method proposed under para-
graph (1) unless such method is disapproved in writing by 
the Chief Management Officer within 60 days of receiving a 
proposal from the Director. 
(C) In this paragraph, the term ‘‘Assistant Secretary con-
cerned’’ means— 
(i) the Assistant Secretary of the Air Force for Acquisi-
tion, with respect to matters concerning the Air Force; 
(ii) the Assistant Secretary of the Army for Acquisition, 
Technology, and Logistics, with respect to matters con-
cerning the Army; and 
(iii) the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, with respect to matters con-
cerning the Navy. 
(d) WAIVER AUTHORITY FOR DEMONSTRATION AND IMPLEMENTA-
TION.—Until the termination of the pilot program under subsection 
(e), the head of an eligible center selected under subsection (b)(1) 
may waive any regulation, restriction, requirement, guidance, 
policy, procedure, or departmental instruction that would affect 
the implementation of a method proposed under subsection (c)(1), 
unless such implementation would be prohibited by a provision 
of a Federal statute or common law. 
(e) TERMINATION.—The pilot program shall terminate on Sep-
tember 30, 2022. 
(f) REPORT.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the pilot program. 
(2) CONTENTS.—The report required by paragraph (1) shall 
include the following: 
(A) Identification of the eligible centers participating 
in the pilot program. 
(B) Identification of the eligible centers whose applica-
tions to participate in the pilot program were disapproved 
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130 STAT. 2064 
PUBLIC LAW 114–328—DEC. 23, 2016 
under subsection (b), including justifications for such dis-
approvals. 
(C) A description of the methods implemented pursuant 
to subsection (c). 
(D) A description of the methods that were proposed 
pursuant to paragraph (1) of subsection (c) but disapproved 
under paragraph (2) of such subsection. 
(E) An assessment of how methods implemented pursu-
ant to subsection (c) have contributed to the objectives 
identified in subparagraphs (A), (B), and (C) of paragraph 
(1) of such subsection. 
SEC. 234. PILOT PROGRAM ON MODERNIZATION AND FIELDING OF 
ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND 
ELECTRONIC WARFARE CAPABILITIES. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense may carry out 
a pilot program on the modernization and fielding of electro-
magnetic spectrum warfare systems and electronic warfare sys-
tems. 
(2) SELECTION.—If the Secretary carries out the pilot pro-
gram under paragraph (1), the Electronic Warfare Executive 
Committee shall select from the list described in section 
240(b)(4) a total of 10 electromagnetic spectrum warfare sys-
tems and electronic warfare systems across at least two military 
departments for modernization and fielding under the pilot 
program. 
(b) TERMINATION.—The pilot program authorized by subsection 
(a) shall terminate on September 30, 2023. 
(c) FUNDING.—For the purposes of this pilot program, funds 
authorized to be appropriated for electromagnetic spectrum warfare 
and electronic warfare may be used for the development and fielding 
of electromagnetic spectrum warfare systems and electronic warfare 
capabilities. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘electromagnetic spectrum warfare’’ means 
electronic warfare that encompasses military communications 
and sensing operations that occur in the electromagnetic oper-
ational domain. 
(2) The term ‘‘electronic warfare’’ means military action 
involving the use of electromagnetic and directed energy to 
control the electromagnetic spectrum or to attack the enemy. 
SEC. 235. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE 
INFORMATION TO FEDERALLY FUNDED RESEARCH AND 
DEVELOPMENT CENTERS. 
(a) IN GENERAL.—The Secretary of Defense shall carry out 
a pilot program on— 
(1) permitting officers and employees of the Department 
of Defense to disclose sensitive information to federally funded 
research and development centers of the Department for the 
sole purpose of the performance of administrative, technical, 
or professional services under and within the scope of the 
contracts with the parent organizations of such federally funded 
research and development centers; and 
(2) appropriately protecting proprietary information from 
unauthorized disclosure or use by such centers. 
10 USC 2367 
note. 
10 USC 113 note. 
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(b) FFRDCS.—The pilot program shall be carried out with 
one or more federally funded research and development centers 
of the Department selected by the Secretary for participation in 
the pilot program. 
(c) FFRDC PERSONNEL.—Sensitive information may be dis-
closed to personnel of a federally funded research and development 
center under the pilot program only if such personnel and contrac-
tors agree to be subject to, and comply with, appropriate ethics 
standards and requirements applicable to Government personnel, 
including the Ethics in Government Act of 1978, section 1905 of 
title 18, United States Code, and chapter 21 of title 41, United 
States Code. 
(d) CONDITIONS ON DISCLOSURE.—Sensitive information may 
be disclosed under the pilot program only if the federally funded 
research and development center concerned and its parent organiza-
tion agree to and acknowledge in the parent organization’s contract 
with the Department of Defense that— 
(1) sensitive information furnished to the federally funded 
research and development center will be accessed and used 
only for the purposes stated in the contract between the parent 
organization of the federally funded research and development 
center and the Department of Defense; 
(2) the federally funded research and development center 
will take all precautions necessary to prevent disclosure of 
the sensitive information furnished to anyone not authorized 
access to the information in order to perform the applicable 
contract; 
(3) sensitive information furnished under the pilot program 
shall not be used by the federally funded research and develop-
ment center or parent organization to compete against a third 
party for a Government or non-Government contract or funding, 
or to support other current or future research or technology 
development activities performed by the federally funded 
research and development center; and 
(4) any personnel of a federally funded research and 
development center participating in the pilot program may 
not disclose or use any trade secrets or any nonpublic informa-
tion accessed under the pilot program, unless specifically 
authorized by this section. 
(e) DURATION.—(1) The pilot program may commence at any 
time after the review and issuance of policy guidance, updated 
appropriately, pertaining to the identification, mitigation, and 
prevention of potentially unfair competitive advantage conferred 
to federally funded research and development center personnel with 
access to sensitive information who serve as technical advisors 
to acquisition programs. 
(2) The pilot program shall terminate on the date that is 
three years after the date of the commencement of the pilot pro-
gram. 
(f) ASSESSMENT.—Not later than two years after the commence-
ment of the pilot program, the Comptroller General of the United 
States shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the pilot 
program, including an assessment of the effectiveness of activities 
under the pilot program in improving acquisition processes and 
the effectiveness of protections of private-sector intellectual property 
in the course of such activities. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(g) SENSITIVE INFORMATION DEFINED.—In this section, the term 
‘‘sensitive information’’ means confidential commercial, financial, 
or proprietary information, technical data, contract performance, 
contract performance evaluation, management, and administration 
data, or other privileged information owned by other contractors 
of the Department of Defense that is exempt from public disclosure 
under section 552(b)(4) of title 5, United States Code, or which 
would otherwise be prohibited from disclosure under section 1832 
or 1905 of title 18, United States Code. 
SEC. 236. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN 
THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY 
AND THE SERVICE ACADEMIES. 
(a) IN GENERAL.—The Secretary of Defense, acting through 
the Director of the Defense Advanced Research Projects Agency, 
shall carry out a pilot program to enhance interaction between 
the Defense Advanced Research Projects Agency and the service 
academies to promote technology transition, education, and training 
in science, technology, engineering, and mathematics fields that 
are relevant to the Department of Defense. 
(b) AWARDS OF FUNDS.—(1) In carrying out the pilot program, 
the Secretary, acting through the Director, shall provide funds 
to contractors and grantees of the Defense Advanced Research 
Projects Agency in order to encourage such contractors and grantees 
to develop research partnerships with the service academies to 
support more efficient and effective technology transition of research 
programs and products. 
(2) It shall be the responsibility of the Director to ensure 
that such funds are used effectively and that sufficient efforts 
are made to build appropriate partnerships. 
(c) SERVICE ACADEMY TECHNOLOGY TRANSITION NETWORKS.— 
In carrying out the pilot program, the Director shall prioritize 
the leveraging of— 
(1) the technology transition networks that service acad-
emies maintain among their academic departments and resi-
dent research centers; and 
(2) partnerships with Department of Defense laboratories, 
other Federal degree granting institutions, academia, and 
industry. 
(d) TERMINATION.—The authority to carry out the pilot program 
shall terminate on September 30, 2020. 
(e) SERVICE ACADEMIES DEFINED.—In this section, the term 
‘‘service academies’’ means the following: 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) Th United States Air Force Academy. 
(4) The United States Coast Guard Academy. 
(5) The United States Merchant Marine Academy. 
SEC. 237. INDEPENDENT REVIEW OF F/A–18 PHYSIOLOGICAL EPISODES 
AND CORRECTIVE ACTIONS. 
(a) INDEPENDENT REVIEW REQUIRED.—The Secretary of the 
Navy shall conduct an independent review of the plans, programs, 
and research of the Department of the Navy with respect to— 
(1) physiological events affecting aircrew of the F/A–18 
Hornet and the F/A–18 Super Hornet aircraft during the cov-
ered period; and 
10 USC 2358 
note. 
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130 STAT. 2067 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) the efforts of the Navy and Marine Corps to prevent 
and mitigate the affects of such physiological events. 
(b) CONDUCT OF REVIEW.—In conducting the review under sub-
section (a), the Secretary of the Navy shall— 
(1) designate an appropriate senior official in the Office 
of the Secretary of the Navy to oversee the review; and 
(2) consult experts from outside the Department of Defense 
in appropriate technical and medical fields. 
(c) REVIEW ELEMENTS.—The review under subsection (a) shall 
include an evaluation of— 
(1) any data of the Department of the Navy relating to 
the increased frequency of physiological events affecting aircrew 
of the F/A–18 Hornet and the F/A–18 Super Hornet aircraft 
during the covered period; 
(2) aircraft mishaps potentially related to such physiological 
events; 
(3) the cost and effectiveness of all material, operational, 
maintenance, and other measures carried out by the Depart-
ment of the Navy to mitigate such physiological events during 
the covered period; 
(4) material, operational, maintenance, or other measures 
that may reduce the rate of such physiological events in the 
future; and 
(5) the performance of— 
(A) the onboard oxygen generation system in the F/ 
A–18 Super Hornet; 
(B) the overall environmental control system in the 
F/A–18 Hornet and F/A–18 Super Hornet; and 
(C) other relevant subsystems of the F/A–18 Hornet 
and F/A–18 Super Hornet, as determined by the Secretary. 
(d) REPORT REQUIRED.—Not later than December 1, 2017, the 
Secretary of Navy shall submit to the congressional defense commit-
tees a report that includes the results of the review under subsection 
(a). 
(e) COVERED PERIOD.—In this section, the term ‘‘covered period’’ 
means the period beginning on January 1, 2009, and ending on 
the date of the submission of the report under subsection (d). 
SEC. 238. B–21 BOMBER DEVELOPMENT PROGRAM ACCOUNTABILITY 
MATRICES. 
(a) SUBMITTAL OF MATRICES.—Concurrent with the President’s 
annual budget request submitted to Congress under section 1105 
of title 31, United States Code, for fiscal year 2018, the Secretary 
of the Air Forces shall submit to the congressional defense commit-
tees and the Comptroller General of the United States the matrices 
described in subsection (b) relating to the B–21 bomber aircraft 
program. 
(b) MATRICES DESCRIBED.—The matrices described in this sub-
section are the following: 
(1) EMD GOALS.—A matrix that identifies, in six month 
increments, key milestones, development events, and specific 
performance goals for the EMD phase of the B–21 bomber 
aircraft program, which shall be subdivided, at a minimum, 
according to the following: 
(A) Technology readiness levels of major components 
and key demonstration events. 
(B) Design maturity. 
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130 STAT. 2068 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) Software maturity. 
(D) Manufacturing readiness levels for critical manu-
facturing operations and key demonstration events. 
(E) Manufacturing operations. 
(F) System verification and key flight test events. 
(G) Reliability. 
(2) COST.—A matrix expressing, in six month increments, 
the total cost for the Air Force service cost position for the 
EMD phase and low initial rate of production lots of the B– 
21 bomber aircraft and a matrix expressing the total cost for 
the prime contractor’s estimate for such EMD phase and 
production lots, both of which shall be phased over the entire 
EMD period and subdivided according to the costs of the fol-
lowing: 
(A) Air vehicle. 
(B) Propulsion. 
(C) Mission systems. 
(D) Vehicle subsystems. 
(E) Air vehicle software. 
(F) Systems engineering. 
(G) Program management. 
(H) System test and evaluation. 
(I) Support and training systems. 
(J) Contract fee. 
(K) Engineering changes. 
(L) Direct mission support, including Congressional 
General Reductions. 
(M) Government testing. 
(c) SEMIANNUAL UPDATE OF MATRICES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
on which the Secretary of the Air Force submits the matrices 
required by subsection (a), concurrent with the submittal of 
each annual budget request to Congress under section 1105 
of title 31, United States Code, thereafter, and not later than 
180 days after each such submittal, the Secretary of the Air 
Force shall submit to the congressional defense committees 
and the Comptroller General of the United States updates 
to the matrices described in subsection (b). 
(2) ELEMENTS.—Each update submitted under paragraph 
(1) shall detail progress made toward the goals identified in 
the matrix described in subsection (b)(1) and provide updated 
cost estimates. 
(3) TREATMENT
OF
INITIAL
MATRICES
AS
BASELINE.—The 
matrices submitted pursuant to subsection (a) shall be treated 
as the baseline for the full EMD phase and low rate initial 
production of the B–21 bomber aircraft program for purposes 
of the updates submitted pursuant to paragraph (1) of this 
subsection. 
(d) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED 
STATES.—Not later than the date that is 45 days after the date 
on which the Comptroller General of the United States receives 
an update to a matrix under subsection (d)(1), the Comptroller 
General shall review the sufficiency of such matrix and submit 
to the congressional defense committees an assessment of such 
matrix, including by identifying cost, schedule, or performance 
trends. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 239. STUDY ON HELICOPTER CRASH PREVENTION AND MITIGA-
TION TECHNOLOGY. 
(a) STUDY REQUIRED.—The Secretary of Defense shall seek 
to enter into a contract with a federally funded research and 
development center to conduct a study on technologies with the 
potential to prevent and mitigate helicopter crashes. 
(b) ELEMENTS.—The study required under subsection (a) shall 
include the following: 
(1) Identification of technologies with the potential— 
(A) to prevent helicopter crashes (such as collision 
avoidance technologies and battle space and terrain situa-
tional awareness technologies); and 
(B) to improve survivability among individuals involved 
in such crashes (such as adaptive flight control technologies 
and improved energy absorbing technologies). 
(2) A cost-benefit analysis of each technology identified 
under paragraph (1) that takes into account the cost of devel-
oping and deploying the technology compared to the potential 
of the technology to prevent casualties or injuries. 
(3) A list that ranks the technologies identified under para-
graph (1) based on— 
(A) the results of the cost-benefit analysis under para-
graph (2); and 
(B) the readiness level of each technology. 
(4) An analysis of helicopter crashes that— 
(A) compares the casualty rates of cockpit occupants 
to the casualty rates of occupants of cargo compartments 
and troop seats; and 
(B) identifies the root causes of the casualties described 
in subparagraph (A). 
(c) BRIEFING.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall provide to the Committees 
on Armed Services of the Senate and the House of Representatives 
(and the other congressional defense committees on request) a 
briefing that includes— 
(1) the results of the study required under subsection (a); 
and 
(2) the list described in subsection (b)(3). 
SEC. 240. STRATEGY FOR IMPROVING ELECTRONIC AND ELECTRO-
MAGNETIC SPECTRUM WARFARE CAPABILITIES. 
(a) STRATEGY REQUIRED.—Not later than April 1, 2017, the 
Under Secretary of Defense for Acquisition, Technology and Logis-
tics, acting through the Electronic Warfare Executive Committee, 
shall submit to the congressional defense committees a strategy 
on the electronic and electromagnetic spectrum warfare capabilities 
of the Department of Defense. 
(b) ELEMENTS.—The strategy required by subsection (a) shall 
include the following: 
(1) A strategy for advancing and accelerating research, 
development, test, and evaluation, and fielding, of electronic 
warfare capabilities to meet current and projected require-
ments, including intra-service ground and air interoperabilities, 
as well as recommendations for streamlining acquisition proc-
esses with respect to such capabilities. 
(2) A methodology for synchronizing and overseeing elec-
tronic warfare strategies, operational concepts, and programs 
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PUBLIC LAW 114–328—DEC. 23, 2016 
across the Department of Defense, including electronic warfare 
programs that support or enable cyber operations. 
(3) A description of the training and operational support 
required for fielding and sustaining current and planned invest-
ments in electronic warfare capabilities, including the require-
ments for conducting large-scale simulated exercises and 
training in contested electronic warfare environments. 
(4) A comprehensive list of investments of the Department 
of Defense in electronic warfare capabilities, including the 
capabilities to be developed, procured, or sustained in— 
(A) the budget of the President for fiscal year 2018 
submitted to Congress under section 1105(a) of title 31, 
United States Code; and 
(B) the future-years defense program submitted to Con-
gress under section 221 of title 10, United States Code, 
for that fiscal year. 
(5) A description of the threat environment for electro-
magnetic spectrum for current and future warfare needs. 
(6) An assessment of progress on increasing interoperability 
between Services and Agencies, as well as increasing applica-
tion of innovative electromagnetic spectrum warfighting 
methods and operational concepts that provide advantages 
within the electromagnetic spectrum operational domain. 
(7) Specific attributes needed in future electronic and 
electromagnetic spectrum warfare capabilities, such as net-
working, adaptability, agility, multifunctionality, and miniatur-
ization, and progress toward incorporating such attributes in 
new electronic warfare systems. 
(8) Capability gaps with respect to asymmetric and near- 
peer adversaries identified pursuant to a capability gap assess-
ment. 
(9) A joint strategy on achieving near real-time system 
adaption to rapidly advancing modern digital electronics. 
(10) Any other information the Secretary determines to 
be appropriate. 
(c) FORM.—The strategy required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex. 
(d) ELECTRONIC WARFARE EXECUTIVE COMMITTEE DEFINED.— 
In this section the term ‘‘Electronic Warfare Executive Committee’’ 
means the committee established on March 17, 2015, and chartered 
on August 11, 2015, by the Deputy Secretary of Defense to serve 
as the principal forum within the Department of Defense to inform, 
coordinate, and evaluate electronic warfare matters to maintain 
a strong technological advantage in United States capabilities. 
SEC. 241. SENSE OF CONGRESS ON DEVELOPMENT AND FIELDING OF 
FIFTH GENERATION AIRBORNE SYSTEMS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The term ‘‘fifth generation’’, with respect to airborne 
systems, means those airborne systems capable of operating 
effectively in highly contested battle spaces defined by the 
most capable currently fielded threats, and those reasonably 
expected to be operational in the foreseeable future. 
(2) Continued modernization of Department of Defense air-
borne systems such as fighters, bombers, and intelligence, 
surveillance, and reconnaissance (ISR) aircraft with fifth 
generation capabilities is required because— 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(A) adversary integrated air defense systems (IADS) 
have created regions where fourth generation airborne sys-
tems may be limited in their ability to effectively operate; 
(B) adversary aircraft, air-to-air missiles, and airborne 
electronic attack or electronic protection systems are 
advancing beyond the capabilities of fourth generation air-
borne systems; and 
(C) fifth generation airborne systems provide a wider 
variety of options for a given warfighting challenge, pre-
serve the technological advantage of the United States 
over near-peer threats, and serve as a force multiplier 
by increasing situational awareness and combat effective-
ness of fourth generation airborne systems. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
development and fielding of fifth generation airborne system sys-
tems should include the following: 
(1) Multispectral (radar, infrared, visual, emissions) low 
observable (LO) design features, self-protection jamming, and 
other capabilities that significantly delay or deny threat system 
detection, tracking, and engagement. 
(2) Integrated avionics that autonomously fuse and 
prioritize onboard multispectral sensors and offboard informa-
tion data to provide an accurate realtime operating picture 
and data download for postmission exploitation and analysis. 
(3) Resilient communications, navigation, and identification 
techniques designed to effectively counter adversary attempts 
to deny or confuse friendly systems. 
(4) Robust and secure networks linking individual plat-
forms to create a common, accurate, and highly integrated 
picture of the battle space for friendly forces. 
(5) Advanced onboard diagnostics capable of monitoring 
system health, accurately reporting system faults, and 
increasing overall system performance and reliability. 
(6) Integrated platform and subsystem designs to maximize 
lethality and survivability while enabling decision superiority. 
(7) Maximum consideration for the fielding of unmanned 
platforms either employed in concert with fifth generation 
manned platforms or as standalone unmanned platforms, to 
increase warfighting effectiveness and reduce risk to personnel 
during high risk missions. 
(8) Advanced air-to-air, air-to-ground, and other weapons 
able to leverage fifth generation capabilities. 
(9) Comprehensive and high-fidelity live, virtual, and 
constructive training systems, updated range infrastructure, 
and sufficient threat-representative adversary training assets 
to maximize fifth generation force proficiency, effectiveness, 
and readiness while protecting sensitive capabilities. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Authorization of appropriations. 
Subtitle B—Energy and Environment 
Sec. 311. Modified reporting requirement related to installations energy manage-
ment. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 312. Waiver authority for alternative fuel procurement requirement. 
Sec. 313. Utility data management for military facilities. 
Sec. 314. Alternative technologies for munitions disposal. 
Sec. 315. Report on efforts to reduce high energy costs at military installations. 
Sec. 316. Sense of Congress on funding decisions relating to climate change. 
Subtitle C—Logistics and Sustainment 
Sec. 321. Revision of deployability rating system and planning reform. 
Sec. 322. Revision of guidance relating to corrosion control and prevention execu-
tives. 
Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament 
Retooling and Manufacturing Support Initiative. 
Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards. 
Sec. 325. Private sector port loading assessment. 
Sec. 326. Strategy on revitalizing Army organic industrial base. 
Subtitle D—Reports 
Sec. 331. Modifications to Quarterly Readiness Report to Congress. 
Sec. 332. Report on average travel costs of members of the reserve components. 
Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program. 
Subtitle E—Other Matters 
Sec. 341. Air navigation matters. 
Sec. 342. Contract working dogs. 
Sec. 343. Plan, funding documents, and management review relating to explosive 
ordnance disposal. 
Sec. 344. Process for communicating availability of surplus ammunition. 
Sec. 345. Mitigation of risks posed by window coverings with accessible cords in 
certain military housing units. 
Sec. 346. Access to military installations by transportation companies. 
Sec. 347. Access to wireless high-speed Internet and network connections for cer-
tain members of the Armed Forces. 
Sec. 348. Limitation on availability of funds for Office of the Under Secretary of De-
fense for Intelligence. 
Sec. 349. Limitation on development and fielding of new camouflage and utility 
uniforms. 
Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air 
Force. 
Sec. 351. Independent review and assessment of the Ready Aircrew Program of the 
Air Force. 
Sec. 352. Study on space-available travel system of the Department of Defense. 
Sec. 353. Evaluation of motor carrier safety performance and safety technology. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, as specified in the 
funding table in section 4301. 
Subtitle B—Energy and Environment 
SEC. 
311. 
MODIFIED 
REPORTING 
REQUIREMENT 
RELATED 
TO 
INSTALLATIONS ENERGY MANAGEMENT. 
Subsection (a) of section 2925 of title 10, United States Code, 
is amended— 
(1) in the subsection heading, by inserting ‘‘, RESILIENCY, 
AND MISSION ASSURANCE’’ after ‘‘ANNUAL REPORT RELATED TO 
INSTALLATIONS ENERGY MANAGEMENT’’; 
(2) by striking paragraphs (2), (3), (4), (5), (6), (7), (8), 
and (10); 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(3) by redesignating paragraphs (9) and (11) as paragraphs 
(3), and (4), respectively; and 
(4) by inserting after paragraph (1), the following: 
‘‘(2) A description of the energy savings, return on invest-
ment, and enhancements to installation mission assurance 
realized by the fulfillment of the goals described in paragraph 
(1).’’. 
SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT. 
(a) IN GENERAL.—The Secretary of Defense may waive the 
requirement under section 526 of the Energy Independence and 
Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) if 
the Secretary determines it is in the national security interest 
of the United States. 
(b) NOTIFICATION REQUIREMENT.—The Secretary of Defense 
shall notify the congressional defense committees not later than 
15 days after exercising the waiver authority under subsection 
(a). 
SEC. 313. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES. 
(a) PILOT PROGRAM.—The Secretary of Defense, in consultation 
with the Secretary of Energy, may carry out a pilot program to 
investigate the use of utility data management services to perform 
utility bill aggregation, analysis, third-party payment, storage, and 
distribution for the Department of Defense. 
(b) USE OF FUNDS.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
operation and maintenance, Navy, for enterprise information, not 
more than $250,000 may be obligated or expended to carry out 
the pilot program under subsection (a). 
SEC. 314. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL. 
In carrying out the disposal of munitions in the stockpile of 
conventional munitions awaiting demilitarization and disposal, the 
Secretary of the Army may use cost-competitive technologies that 
minimize waste generation and air emissions as alternatives to 
disposal by open burning, open detonation, direct contact combus-
tion, and incineration. 
SEC. 315. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS 
AT MILITARY INSTALLATIONS. 
(a) REPORT.— 
(1) REPORT REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics, in conjunc-
tion with the assistant secretaries responsible for installations 
and environment for the military services and the Defense 
Logistics Agency, shall submit to the congressional defense 
committees a report detailing the efforts to achieve cost savings 
at military installations with high levels of energy intensity. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following elements: 
(A) A comprehensive, installation-specific assessment 
of feasible and mission-appropriate energy initiatives sup-
porting energy production and consumption at military 
installations with high levels of energy intensity. 
10 USC 4681 
note prec. 
10 USC 2302 
note. 
42 USC 17142 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(B) An assessment of current sources of energy in 
areas with high energy costs and potential future sources 
that are technologically feasible, cost-effective, and mission- 
appropriate for military installations. 
(C) A comprehensive implementation strategy to 
include required investment for feasible energy efficiency 
options determined to be the most beneficial and cost- 
effective, where appropriate, and consistent with Depart-
ment of Defense priorities. 
(D) An explanation of how military services are 
working collaboratively in order to leverage lessons learned 
on potential energy efficiency solutions. 
(E) An assessment of the extent to which activities 
administered under the Federal Energy Management Pro-
gram could be used to assist with the implementation 
strategy. 
(F) An assessment of State and local partnership 
opportunities that could achieve efficiency and cost savings, 
and any legislative authorities required to carry out such 
partnerships or agreements. 
(3) COORDINATION WITH STATE AND LOCAL AND OTHER ENTI-
TIES.—In preparing the report required under paragraph (1), 
the Under Secretary may work in conjunction and coordinate 
with the States containing areas of high levels of energy inten-
sity, local communities, and other Federal departments and 
agencies. 
(b) DEFINITIONS.—In this section, the term ‘‘high levels of 
energy intensity’’ means costs for the provision of energy by kilowatt 
of electricity or British thermal unit of heat or steam for a military 
installation in the United States that is in the highest 20 percent 
of all military installations for a military department. 
SEC. 316. SENSE OF CONGRESS ON FUNDING DECISIONS RELATING 
TO CLIMATE CHANGE. 
It is the sense of Congress that— 
(1) decisions relating to the funding of the Department 
of Defense for fiscal year 2017 should prioritize the support 
and enhancement of the combat capabilities of the Department, 
in addition to seeking efficiency and efficacy; 
(2) funds should be allocated among the programs of the 
Department in the manner that best serves the national secu-
rity interests of the United States; and 
(3) decisions relating to energy efficiency, energy use, and 
climate change should adhere to the principles described in 
paragraphs (1) and (2). 
Subtitle C—Logistics and Sustainment 
SEC. 321. REVISION OF DEPLOYABILITY RATING SYSTEM AND PLAN-
NING REFORM. 
(a) DEPLOYMENT PRIORITIZATION AND READINESS.— 
(1) IN GENERAL.—Chapter 1003 of title 10, United States 
Code, is amended by inserting after section 10102 the following 
new section: 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 10102a. Deployment prioritization and readiness of Army 
components 
‘‘(a) DEPLOYMENT PRIORITIZATION.—The Secretary of the Army 
shall maintain a system for identifying the priority of deployment 
for units of all components of the Army. 
‘‘(b) DEPLOYABILITY READINESS RATING.—The Secretary of the 
Army shall maintain a readiness rating system for units of all 
components of the Army that provides an accurate assessment 
of the deployability of a unit and those shortfalls of a unit that 
require the provision of additional resources. The system shall 
ensure— 
‘‘(1) that the personnel readiness rating of a unit reflects— 
‘‘(A) both the percentage of the overall personnel 
requirement of the unit that is manned and deployable 
and the fill and deployability rate for critical occupational 
specialties necessary for the unit to carry out its basic 
mission requirements; and 
‘‘(B) the number of personnel in the unit who are 
qualified in their primary military occupational specialty; 
and 
‘‘(2) that the equipment readiness assessment of a unit— 
‘‘(A) documents all equipment required for deployment; 
‘‘(B) reflects only that equipment that is directly pos-
sessed by the unit; 
‘‘(C) specifies the effect of substitute items; and 
‘‘(D) assesses the effect of missing components and 
sets on the readiness of major equipment items.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1003 of such title is amended by inserting 
after the item relating to section 10102 the following new 
item: 
‘‘10102a. Deployment prioritization and readiness of Army components.’’. 
(b) REPEAL OF SUPERSEDED PROVISIONS OF LAW.—Sections 1121 
and 1135 of the Army National Guard Combat Readiness Reform 
Act of 1992 (title XI of Public Law 102–484; 10 U.S.C. 10105 
note) are repealed. 
SEC. 322. REVISION OF GUIDANCE RELATING TO CORROSION CONTROL 
AND PREVENTION EXECUTIVES. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, in coordination with the 
Director of Corrosion Policy and Oversight for the Department 
of Defense, shall revise guidance relating to corrosion control and 
prevention executives to— 
(1) clarify the role of each such executive with respect 
to assisting the Office of Corrosion Policy and Oversight in 
holding the appropriate project management office in each mili-
tary department accountable for submitting the annual report 
required under section 903(b)(5) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 10 U.S.C. 2228 note); and 
(2) ensure that corrosion control and prevention executives 
emphasize the reduction of corrosion and the effects of corrosion 
on the military equipment and infrastructure of the Department 
10 USC 2228 
note. 
10 USC 10101 
prec. 
10 USC 10102a. 
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130 STAT. 2076 
PUBLIC LAW 114–328—DEC. 23, 2016 
of Defense, as required in the long-term strategy of the Depart-
ment of Defense under section 2228(d) of title 10, United States 
Code. 
(b) 
CORROSION
CONTROL
AND
PREVENTION
EXECUTIVE 
DEFINED.—In this section, the term ‘‘corrosion control and preven-
tion executive’’ means the employee of a military department des-
ignated as the corrosion control and prevention executive of the 
department under section 903(a) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 10 U.S.C. 2228 note). 
SEC. 323. PILOT PROGRAM FOR INCLUSION OF CERTAIN INDUSTRIAL 
PLANTS IN THE ARMAMENT RETOOLING AND MANUFAC-
TURING SUPPORT INITIATIVE. 
During the five-year period beginning on the date of the enact-
ment of this Act, the Secretary of Defense may treat a Government- 
owned, contractor-operated industrial plant of the Department of 
Defense as an eligible facility under section 4551(2) of title 10, 
United States Code. 
SEC. 324. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY 
DOCKS AT NAVAL SHIPYARDS. 
(a) SPECIAL AUTHORITY
TO TRANSFER AUTHORIZATIONS.—In 
addition to the authority to transfer funds provided under section 
1001, the Secretary of Defense may transfer not more than 
$250,000,000 of authorizations made available to the Department 
of Defense in this Act for fiscal year 2017 to the Department 
of the Navy for the repair, recapitalization, and certification of 
dry docks at Government-owned, Government-operated shipyards 
of the Navy. 
(b) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
(c) TERMS AND CONDITIONS.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
transfers under this section shall be subject to the same terms 
and conditions as transfers under section 1001. 
(2) EFFECT ON DOLLAR LIMIT.—A transfer of funds under 
this section shall not be counted toward the dollar limitation 
described in section 1001(a)(2). 
SEC. 325. PRIVATE SECTOR PORT LOADING ASSESSMENT. 
(a) ASSESSMENTS REQUIRED.—During the period beginning on 
the date of the enactment of this Act and ending on the date 
of the final briefing under subsection (c), the Secretary of the 
Navy shall conduct quarterly assessments of naval ship mainte-
nance and loading activities carried out by private sector entities 
at each covered port. 
(b) ELEMENTS OF ASSESSMENTS.—Each assessment under sub-
section (a) shall include, with respect to each covered port, the 
following: 
(1) Resources per day, including daily ship availabilities 
and the workforce available to carry out maintenance and 
loading activities, for the fiscal year preceding the quarter 
covered by the assessment through the end of such quarter. 
(2) Projected resources per day, including daily ship avail-
abilities and the workforce available to carry out maintenance 
and loading activities, through the end of the second fiscal 
year beginning after the quarter covered by the assessment. 
10 USC 4551 
note. 
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130 STAT. 2077 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) A description of the methods by which the Secretary 
communicates projected workloads to private sector entities 
engaged in ship maintenance activities and ship loading activi-
ties. 
(4) A description of any processes that have been imple-
mented to allow for timely feedback from private sector entities 
engaged in ship maintenance activities and ship loading activi-
ties. 
(c) BRIEFINGS REQUIRED.—Not later than 30 days after the 
date of the enactment of this Act, and on a quarterly basis thereafter 
until September 30, 2021, the Secretary shall provide to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives (and other congressional defense committees on 
request)— 
(1) a briefing on the results of the assessments conducted 
under subsection (a); and 
(2) a chart depicting the information described in para-
graphs (1) and (2) of subsection (b) with respect to each covered 
port. 
(d) COVERED PORTS.—In this section, the term ‘‘covered ports’’ 
means port facilities used by the Department of Defense in each 
of the following locations: 
(1) Mayport, Florida. 
(2) Norfolk, Virginia. 
(3) Pearl Harbor, Hawaii. 
(4) Puget Sound, Washington. 
(5) San Diego, California. 
SEC. 326. STRATEGY ON REVITALIZING ARMY ORGANIC INDUSTRIAL 
BASE. 
(a) STRATEGY.—Not later than October 1, 2017, the Secretary 
of Army shall submit to the congressional defense committees a 
strategy to revitalize the organic industrial base of the Army. 
(b) ELEMENTS.—The strategy under subsection (a) shall include, 
with respect to the organic industrial base of the Army, the fol-
lowing: 
(1) A plan to ensure the long-term viability of the organic 
industrial base. 
(2) An assessment of legacy items of the Army that are 
sustained by the Defense Logistics Agency. 
(3) A description of how the organic industrial base may 
be used to address diminishing manufacturing sources and 
material shortages. 
(4) A description of critical capabilities that are required 
across the organic industrial base. 
(5) An assessment of infrastructure across the organic 
industrial base. 
(6) An assessment of manufacturing sources in the organic 
industrial base and the private sector. 
(7) An explanation of how contracting may be used to 
meet organic industrial base requirements. 
(8) An assessment of current and future workloads across 
the organic industrial base. 
(9) An assessment of the processes used to identify critical 
capabilities for the organic industrial base and the methods 
used to determine workloads. 
(10) An assessment of existing labor rates. 
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130 STAT. 2078 
PUBLIC LAW 114–328—DEC. 23, 2016 
(11) A description of manufacturing skills that are needed 
to sustain readiness. 
(12) A description of how public-private partnerships may 
be used to improve the organic industrial base. 
(13) A description of how working capital funds may be 
used to improve the organic industrial base. 
(14) An assessment of operating expenses and the potential 
for reducing or recovering such expenses. 
(15) Identification of the tooling, equipment, and facilities 
upgrades necessary for a facility in the organic industrial base 
to manufacture the legacy items of the Defense Logistics 
Agency, including items described in section 333(a) of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 792). 
(16) An assessment of the suitability of manufacturing 
the legacy items of the Defense Logistics Agency in a facility 
in the organic industrial base. 
(c) DEFINITIONS.—In this section: 
(1) LEGACY ITEMS.—The term ‘‘legacy items’’ means manu-
factured items that are no longer produced by the private 
sector but continue to be used for weapons systems of the 
Department of Defense, but does not include information sys-
tems and information technology (as those terms are defined 
in section 11101 of title 40, United States Code). 
(2) ORGANIC INDUSTRIAL BASE.—The term ‘‘organic indus-
trial base’’ means United States military facilities, including 
arsenals, depots, munition plants and centers, and storage sites, 
that advance a vital national security interest by producing, 
maintaining, repairing, and storing materiel, munitions, and 
hardware. 
Subtitle D—Reports 
SEC. 331. MODIFICATIONS TO QUARTERLY READINESS REPORT TO 
CONGRESS. 
(a) DEADLINE FOR REPORT.—Subsection (a) of section 482 of 
title 10, United States Code, is amended by striking ‘‘Not later 
than 45 days after the end of each calendar-year quarter’’ and 
inserting ‘‘Not later than 30 days after the end of each calendar- 
year quarter’’. 
(b) ELIMINATION
OF REPORTING REQUIREMENTS RELATED
TO 
PREPOSITIONED STOCKS AND NATIONAL GUARD CIVIL SUPPORT MIS-
SION READINESS.—Such section is further amended— 
(1) in subsection (a), by striking ‘‘subsections (b), (d), (e), 
(f), (g), (h), and (i)’’ and inserting ‘‘subsections (b), (d), (e), 
(f), and (g)’’; 
(2) by striking subsections (d) and (e); and 
(3) by redesignating subsections (f), (g), (h), (i), and (j) 
as subsections (d), (e), (f), (g), and (i) respectively. 
(c) INCLUSION OF INFORMATION ON CANNIBALIZATION RATES.— 
Such section, as amended by subsection (b), is further amended 
by inserting after subsection (g), as redesignated by paragraph 
(3) of such subsection (b), the following new subsection: 
‘‘(h) CANNIBALIZATION RATES.—Each report under this section 
shall include a separate unclassified report containing the informa-
tion collected pursuant to section 117(c)(7) of this title.’’. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 332. REPORT ON AVERAGE TRAVEL COSTS OF MEMBERS OF THE 
RESERVE COMPONENTS. 
Not later than 180 days after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit 
to the congressional defense committees a report on the travel 
expenses of members of reserve components associated with per-
forming active duty service, active service, full-time National Guard 
duty, active Guard and Reserve duty, and inactive-duty training, 
as such terms are defined in section 101(d) of title 10, United 
States Code. Such report shall include the average annual cost 
for all travel expenses for a member of a reserve component. 
SEC. 333. REPORT ON HH–60G SUSTAINMENT AND COMBAT RESCUE 
HELICOPTER PROGRAM. 
(a) REPORT ON SUSTAINMENT PLAN.—Not later than one year 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report that 
sets forth a plan to modernize, sustain training, and conduct depot- 
level maintenance and repair for all components of the HH–60 
helicopter fleet until total force combat rescue units have been 
fully equipped with HH–60W Combat Rescue Helicopters. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include a description of the plans of the Air Force— 
(1) to modernize legacy HH–60G combat rescue helicopters; 
(2) to maintain the training pipeline for the HH–60G air-
crew and the maintenance force required to maintain full readi-
ness through the end of fiscal year 2029; and 
(3) to carry out depot-level maintenance and repair (as 
that term is defined in section 2460 of title 10, United States 
Code) to ensure the legacy HH–60G fleet of helicopters is main-
tained to meet readiness rates through the end of fiscal year 
2029. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
Subtitle E—Other Matters 
SEC. 341. AIR NAVIGATION MATTERS. 
(a) EXPANSION
OF DEFINITION
OF STRUCTURES INTERFERING 
WITH AIR COMMERCE AND NATIONAL DEFENSE.— 
(1) NOTICE.—Section 44718(a) of title 49, United States 
Code, is amended— 
(A) in paragraph (1), by striking ‘‘and’’ at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(3) the interests of national security, as determined by 
the Secretary of Defense.’’. 
(2) STUDIES.—Section 44718(b) of title 49, United States 
Code, is amended to read as follows: 
‘‘(b) STUDIES.— 
‘‘(1) IN GENERAL.—Under regulations prescribed by the Sec-
retary, if the Secretary decides that constructing or altering 
a structure may result in an obstruction of the navigable air-
space, an interference with air navigation facilities and equip-
ment or the navigable airspace, or, after consultation with 
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PUBLIC LAW 114–328—DEC. 23, 2016 
the Secretary of Defense, an adverse impact on military oper-
ations and readiness, the Secretary of Transportation shall 
conduct an aeronautical study to decide the extent of any 
adverse impact on the safe and efficient use of the airspace, 
facilities, or equipment. In conducting the study, the Secretary 
shall— 
‘‘(A) consider factors relevant to the efficient and effec-
tive use of the navigable airspace, including— 
‘‘(i) the impact on arrival, departure, and en route 
procedures for aircraft operating under visual flight 
rules; 
‘‘(ii) the impact on arrival, departure, and en route 
procedures for aircraft operating under instrument 
flight rules; 
‘‘(iii) the impact on existing public-use airports 
and aeronautical facilities; 
‘‘(iv) the impact on planned public-use airports 
and aeronautical facilities; 
‘‘(v) the cumulative impact resulting from the pro-
posed construction or alteration of a structure when 
combined with the impact of other existing or proposed 
structures; and 
‘‘(vi) other factors relevant to the efficient and 
effective use of navigable airspace; and 
‘‘(B) include the finding made by the Secretary of 
Defense under subsection (f). 
‘‘(2) REPORT.—On completing the study, the Secretary of 
Transportation shall issue a report disclosing the extent of 
the— 
‘‘(A) adverse impact on the safe and efficient use of 
the navigable airspace that the Secretary finds will result 
from constructing or altering the structure; and 
‘‘(B) unacceptable risk to the national security of the 
United States, as determined by the Secretary of Defense 
under subsection (f). 
‘‘(3) SEVERABILITY.—A determination by the Secretary of 
Transportation on hazard to air navigation under this section 
shall remain independent of a determination of unacceptable 
risk to the national security of the United States by the Sec-
retary of Defense under subsection (f).’’. 
(3) NATIONAL
SECURITY
FINDING; DEFINITIONS.—Section 
44718 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘(f) NATIONAL SECURITY FINDING.—As part of an aeronautical 
study conducted under subsection (b), the Secretary of Defense 
shall— 
‘‘(1) make a finding on whether the construction, alteration, 
establishment, or expansion of a structure or sanitary landfill 
included in the study would result in an unacceptable risk 
to the national security of the United States; and 
‘‘(2) transmit the finding to the Secretary of Transportation 
for inclusion in the report required under subsection (b)(2). 
‘‘(g) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) ADVERSE IMPACT ON MILITARY OPERATIONS AND READI-
NESS.—The term ‘adverse impact on military operations and 
readiness’ has the meaning given the term in section 211.3 
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PUBLIC LAW 114–328—DEC. 23, 2016 
of title 32, Code of Federal Regulations, as in effect on January 
6, 2014. 
‘‘(2) UNACCEPTABLE RISK TO THE NATIONAL SECURITY OF 
THE
UNITED
STATES.—The term ‘unacceptable risk to the 
national security of the United States’ has the meaning given 
the term in section 211.3 of title 32, Code of Federal Regula-
tions, as in effect on January 6, 2014.’’. 
(4) CONFORMING AMENDMENTS.— 
(A) SECTION
HEADING.—Section 44718 of title 49, 
United States Code, is amended in the section heading 
by inserting ‘‘or national security’’ after ‘‘air com-
merce’’. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 447 of title 49, United States 
Code, is amended by striking the item relating to section 
44718 and inserting the following: 
‘‘44718. Structures interfering with air commerce or national security.’’. 
(b) PERFORMANCE-BASED NAVIGATION.—Section 213(c) of the 
FAA Modernization and Reform Act of 2012 (Public Law 112– 
95; 49 U.S.C. 40101 note) is amended by adding at the end the 
following: 
‘‘(3) NOTIFICATIONS AND CONSULTATIONS.—Not later than 
90 days before applying a categorical exclusion under this sub-
section to a new procedure at an OEP airport, the Administrator 
shall— 
‘‘(A) notify and consult with the operator of the airport 
at which the procedure would be implemented; and 
‘‘(B) consider consultations or other engagement with 
the community in the which the airport is located to inform 
the public of the procedure. 
‘‘(4) REVIEW OF CERTAIN CATEGORICAL EXCLUSIONS.— 
‘‘(A) IN GENERAL.—The Administrator shall review any 
decision of the Administrator made on or after February 
14, 2012, and before the date of the enactment of this 
paragraph to grant a categorical exclusion under this sub-
section with respect to a procedure to be implemented 
at an OEP airport that was a material change from proce-
dures previously in effect at the airport to determine if 
the implementation of the procedure had a significant effect 
on the human environment in the community in which 
the airport is located. 
‘‘(B) CONTENT OF REVIEW.—If, in conducting a review 
under subparagraph (A) with respect to a procedure imple-
mented at an OEP airport, the Administrator, in consulta-
tion with the operator of the airport, determines that imple-
menting the procedure had a significant effect on the 
human environment in the community in which the airport 
is located, the Administrator shall— 
‘‘(i) consult with the operator of the airport to 
identify measures to mitigate the effect of the proce-
dure on the human environment; and 
‘‘(ii) in conducting such consultations, consider the 
use of alternative flight paths that do not substantially 
degrade the efficiencies achieved by the implementa-
tion of the procedure being reviewed. 
49 USC 44701 
prec. 
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130 STAT. 2082 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) HUMAN
ENVIRONMENT
DEFINED.—In this para-
graph, the term ‘human environment’ has the meaning 
given such term in section 1508.14 of title 40, Code of 
Federal Regulations (as in effect on the day before the 
date of the enactment of this paragraph).’’. 
SEC. 342. CONTRACT WORKING DOGS. 
(a) REQUIRED CONTRACT CLAUSE.— 
(1) IN GENERAL.—Chapter 141 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2410r. Contract working dogs: requirement to transfer ani-
mals to 341st Training Squadron after service life 
‘‘(a) IN GENERAL.—Each contract entered into by the Secretary 
of Defense for the provision of a contract working dog shall require 
that the dog be transferred to the 341st Training Squadron after 
the service life of the dog has terminated as described in subsection 
(b) for reclassification as a military animal and placement for adop-
tion in accordance with section 2583 of this title. 
‘‘(b) SERVICE LIFE.—The service life of a contract working dog 
has terminated and the dog is available for transfer to the 341st 
Training Squadron pursuant to a contract under subsection (a) 
only if the contracting officer concerned has determined that— 
‘‘(1) the final contractual obligation of the dog preceding 
such transfer is with the Department of Defense; and 
‘‘(2) the dog cannot be used by another department or 
agency of the Federal Government due to age, injury, or 
performance. 
‘‘(c) CONTRACT WORKING DOG.—In this section, the term ‘con-
tract working dog’ means a dog— 
‘‘(1) that performs a service for the Department of Defense 
pursuant to a contract; and 
‘‘(2) that is trained and kenneled by an entity that provides 
such a dog pursuant to such a contract.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2410r. Contract working dogs: requirement to transfer animals to 341st Training 
Squadron after service life.’’. 
(b) INCLUSION IN DEFINITION OF MILITARY ANIMAL.—Paragraph 
(1) of section 2583(h) of title 10, United States Code, is amended 
to read as follows: 
‘‘(1) A military working dog, which may include a contract 
working dog (as such term is defined in section 2410r) that 
has been transferred to the 341st Training Squadron.’’. 
SEC. 343. PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW 
RELATING TO EXPLOSIVE ORDNANCE DISPOSAL. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
a plan to establish an explosive ordnance disposal program 
in the Department of Defense to ensure close and continuous 
coordination among the military departments on matters 
relating to explosive ordnance disposal. 
(2) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—The plan 
under paragraph (1) shall include provisions under which— 
10 USC 2701 
note. 
10 USC 2381 
prec. 
10 USC 2410r. 
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130 STAT. 2083 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) the Secretary of Defense shall— 
(i) assign responsibility for the coordination and 
integration of explosive ordnance disposal to a joint 
office or entity in the Office of the Secretary of Defense; 
and 
(ii) designate the Secretary of the Navy (or a des-
ignee of the Secretary of the Navy) as the executive 
agent for the Department of Defense to coordinate 
and integrate research, development, test, and evalua-
tion activities and procurement activities of the mili-
tary departments relating to explosive ordnance dis-
posal; and 
(B) the Secretary of each military department shall 
assess the needs of the military department concerned 
with respect to explosive ordnance disposal and may carry 
out research, development, test, and evaluation activities 
and procurement activities to address such needs. 
(b) ANNUAL EXPLOSIVE ORDNANCE DISPOSAL FUNDING DOCU-
MENTS.— 
(1) IN GENERAL.—The Secretary of Defense shall submit 
to Congress, as a part of the defense budget materials for 
each fiscal year after fiscal year 2017, a consolidated funding 
display, in classified and unclassified form, that identifies the 
funding source for all explosive ordnance disposal activities 
within the Department of Defense. 
(2) ELEMENTS.—The funding display under paragraph (1) 
for a fiscal year shall include a single program element from 
each military department for each of the following: 
(A) Research, development, test, and evaluation. 
(B) Procurement. 
(C) Operation and maintenance. 
(D) Any other program element used to fund explosive 
ordnance disposal activities (but not including any program 
element relating to military construction). 
(c) MANAGEMENT REVIEW AND ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall review 
and assess the effectiveness of current management structures 
in supporting the explosive ordnance disposal needs of the 
combatant commands and the military departments. 
(2) ELEMENTS.—The review and assessment under para-
graph (1) shall include the following: 
(A) A review of the organizational structures and 
responsibilities within the Office of the Secretary of Defense 
that provide policy and oversight of the policies, programs, 
acquisition activities, and personnel of the military depart-
ments relating to explosive ordnance disposal. 
(B) A review of the organizational structures and 
responsibilities within the military departments that— 
(i) man, equip, and train explosive ordnance dis-
posal forces; and 
(ii) support such forces with manpower, technology, 
equipment, and readiness. 
(C) A review of the organizational structures and 
responsibilities of the Secretary of the Navy as the execu-
tive agent for explosive ordnance disposal technology and 
training. 
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130 STAT. 2084 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) Budget displays for each military department that 
support research, development, test, and evaluation; 
procurement; and operation and maintenance, relating to 
explosive ordnance disposal. 
(E) An assessment of the adequacy of the organiza-
tional structures and responsibilities and the alignment 
of funding within the military departments in supporting 
the needs of the combatant commands and the military 
departments with respect to explosive ordnance disposal. 
(d) BRIEFING.—Not later than March 1, 2017, the Secretary 
shall provide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing that includes— 
(1) details of the plan required under subsection (a); 
(2) the results of the review and assessment under sub-
section (c); 
(3) a description of any measures undertaken to improve 
joint coordination, oversight, and management of programs 
relating to explosive ordnance disposal; 
(4) recommendations to the Secretary to improve the 
capabilities and readiness of explosive ordnance disposal forces; 
and 
(5) an explanation of the advantages and disadvantages 
of assigning responsibility for the coordination and integration 
of explosive ordnance disposal to a single joint office or entity 
in the Office of the Secretary of Defense. 
(e) DEFINITIONS.—In this section: 
(1) EXPLOSIVE ORDNANCE.—The term ‘‘explosive ordnance’’ 
means any munition containing explosives, nuclear fission or 
fusion materials, or biological or chemical agents, including— 
(A) bombs and warheads; 
(B) guided and ballistic missiles; 
(C) artillery, mortar, rocket, and small arms munitions; 
(D) mines, torpedoes, and depth charges; 
(E) demolition charges; 
(F) pyrotechnics; 
(G) clusters and dispensers; 
(H) cartridge and propellant actuated devices; 
(I) electro-explosive devices; and 
(J) clandestine and improvised explosive devices. 
(2) DISPOSAL.—The term ‘‘disposal’’ means, with respect 
to explosive ordnance, the detection, identification, field evalua-
tion, defeat, disablement, or rendering safe, recovery and exploi-
tation, and final disposition of the ordnance. 
SEC. 344. PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS 
AMMUNITION. 
(a) IN GENERAL.—The Secretary of Defense shall implement 
a formal process to provide Federal Government agencies outside 
the Department of Defense with information on the availability 
of surplus, serviceable ammunition from the Department of Defense 
for the purpose of reducing costs relating to the storage and disposal 
of such ammunition. 
(b) IMPLEMENTATION DEADLINE.—The Secretary shall imple-
ment the process described in subsection (a) beginning not later 
than 180 days after the date of the enactment of this Act. 
10 USC 2576a 
note. 
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130 STAT. 2085 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 345. MITIGATION OF RISKS POSED BY WINDOW COVERINGS WITH 
ACCESSIBLE CORDS IN CERTAIN MILITARY HOUSING 
UNITS. 
(a) REMOVAL OF CERTAIN WINDOW COVERINGS.—Not later than 
three years after the date of enactment of this Act, the Secretary 
of Defense shall remove and replace disqualified window coverings 
from— 
(1) military housing units owned by the Department of 
Defense in which children under the age of 9 may reside; 
and 
(2) military housing units leased by the Department of 
Defense in which children under the age of 9 may reside if 
the lease for such units requires the Department to provide 
window coverings. 
(b) PROHIBITION ON DISQUALIFIED WINDOW COVERINGS IN MILI-
TARY HOUSING UNITS ACQUIRED OR CONSTRUCTED BY CONTRACT.— 
All contracts entered into by the Secretary of Defense after Sep-
tember 30, 2017, for the acquisition or construction of military 
family housing, including military family housing acquired or con-
structed pursuant to subchapter IV of chapter 169 of title 10, 
United States Code, shall prohibit the use of disqualified window 
coverings in such housing. 
(c) DISQUALIFIED WINDOW COVERING DEFINED.—In this section, 
the term ‘‘disqualified window covering’’ means— 
(1) a window covering with an accessible cord that exceeds 
8 inches in length; or 
(2) a window covering with an accessible continuous loop 
cord that does not have a cord tension device that prevents 
operation when the cord is not anchored to the wall. 
SEC. 346. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION 
COMPANIES. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall establish 
policies under which covered drivers may be authorized to access 
military installations. 
(b) ELEMENTS.—The policies established under subsection (a)— 
(1) shall include the terms and conditions under which 
a covered driver may be authorized to access a military installa-
tion; 
(2) may require a transportation company and a covered 
driver to enter into a written agreement with the Department 
of Defense as a precondition for obtaining authorization to 
access a military installation; 
(3) shall be consistent across military installations, to the 
extent practicable; 
(4) shall be designed to promote the expeditious entry 
of covered drivers onto military installations for purposes of 
providing commercial transportation services; 
(5) shall place appropriate restrictions on entry into sen-
sitive areas of military installations; 
(6) shall be designed, to the extent practicable, to give 
covered drivers access to barracks areas, housing areas, tem-
porary lodging facilities, hospitals, and community support 
facilities; 
(7) shall require transportation companies— 
10 USC 113 note. 
10 USC 2821 
note. 
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130 STAT. 2086 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) to track, in real-time, the location of the entry 
and exit of covered drivers onto and off of military installa-
tions; and 
(B) to provide, on demand, the information described 
in subparagraph (A) to appropriate personnel and agencies 
of the Department; and 
(8) shall take into account force protection requirements 
and ensure the protection and safety of members of the Armed 
Forces, civilian employees of the Department of Defense, and 
the families of such members and employees. 
(c) CONFIDENTIALITY
OF INFORMATION.—The Secretary shall 
ensure that any information provided to the Department by a 
transportation company under subsection (b)(7)— 
(1) is treated as confidential and proprietary information 
of the company that is exempt from public disclosure pursuant 
to section 552 of title 5, United States Code (commonly known 
as the ‘‘Freedom of Information Act’’); and 
(2) except as provided in subsection (b)(7), is not disclosed 
to any person or entity without the express written consent 
of the company unless disclosure of such information is required 
by a court order. 
(d) DEFINITIONS.—In this section: 
(1) TRANSPORTATION COMPANY.—The term ‘‘transportation 
company’’ means a corporation, partnership, sole proprietorship, 
or other entity outside of the Department of Defense that 
provides a commercial transportation service to a rider, 
including a company that uses a digital network to connect 
riders to covered drivers for the purpose of providing such 
transportation service. 
(2) COVERED DRIVER.—The term ‘‘covered driver’’— 
(A) means an individual— 
(i) who is an employee of a transportation company 
or who is affiliated with a transportation company; 
and 
(ii) who provides a commercial transportation 
service to a rider; and 
(B) includes a vehicle operated by such individual for 
the purpose of providing such service. 
SEC. 347. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK 
CONNECTIONS FOR CERTAIN MEMBERS OF THE ARMED 
FORCES. 
(a) IN GENERAL.—In providing members of the Armed Forces 
with access to high-speed wireless Internet and network connections 
at military installations outside the United States, the Secretary 
of Defense may provide such access without charge to the members 
and their dependents. 
(b) CONTRACT AUTHORITY.—The Secretary may enter into con-
tracts for the purpose of carrying out subsection (a). 
SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF 
THE UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for Operation and 
Maintenance, Defense-wide, for the Office of the Under Secretary 
of Defense for Intelligence, not more than 90 percent may be obli-
gated or expended until the Secretary of Defense issues guidance 
on the process by which members of the Armed Forces may carry 
10 USC 1030 
note prec. 
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130 STAT. 2087 
PUBLIC LAW 114–328—DEC. 23, 2016 
an appropriate firearm on a military installation, as required by 
section 526 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 813; 10 U.S.C. 2672 
note). 
SEC. 349. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW 
CAMOUFLAGE AND UTILITY UNIFORMS. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for the Department of Defense may 
be obligated or expended to develop or field new camouflage uni-
forms, new utility uniforms, or new families of uniforms until 
the date that is one year after the date on which the Secretary 
of Defense submits to the congressional defense committees notice 
of the intent of the Secretary to develop or field such uniforms. 
SEC. 350. PLAN FOR IMPROVED DEDICATED ADVERSARY AIR TRAINING 
ENTERPRISE OF THE AIR FORCE. 
(a) IN GENERAL.—The Chief of Staff of the Air Force shall 
develop a plan for an improved dedicated adversary air training 
enterprise for the Air Force— 
(1) to maximize warfighting effectiveness and synergies 
of the current and planned fourth and fifth generation combat 
air forces through optimized training and readiness; 
(2) to harness intelligence analysis, emerging live-virtual- 
constructive 
training 
technologies, 
range 
infrastructure 
improvements, and results of experimentation and prototyping 
efforts in operational concept development; 
(3) to challenge the combat air forces of the Air Force 
with threat representative adversary-to-friendly aircraft ratios, 
known and emerging adversary tactics, and high fidelity rep-
lication of threat airborne and ground capabilities; and 
(4) to achieve training and readiness goals and objectives 
of the Air Force with demonstrated institutional commitment 
to the adversary air training enterprise through the application 
of Air Force policy and resources, partnering with the other 
Armed Forces, allies, and friends, and employing the use of 
industry contracted services. 
(b) ELEMENTS.—The plan under subsection (a) shall include, 
with respect to an improved dedicated adversary air training enter-
prise, the following: 
(1) Goals and objectives. 
(2) Concepts of operations. 
(3) Timelines for the phased implementation of the enter-
prise. 
(4) Analysis of readiness improvements that may result 
from the enterprise. 
(5) Prioritized resource requirements. 
(6) Such other matters as the Chief of Staff considers 
appropriate. 
(c) WRITTEN PLAN AND BRIEFING.—Not later than March 3, 
2017, the Chief of Staff shall provide to the Committees on Armed 
Services of the Senate and the House of Representatives— 
(1) a written version of the plan developed under subsection 
(a); and 
(2) a briefing on such plan. 
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130 STAT. 2088 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 351. INDEPENDENT REVIEW AND ASSESSMENT OF THE READY 
AIRCREW PROGRAM OF THE AIR FORCE. 
(a) INDEPENDENT REVIEW AND ASSESSMENT.—The Secretary of 
the Air Force shall enter into a contract with an independent 
entity with appropriate expertise— 
(1) to conduct a review and assessment of— 
(A) the assumptions underlying the annual continu-
ation training requirements of the Air Force; and 
(B) the overall effectiveness of the Ready Aircrew Pro-
gram of the Air Force in managing aircrew training require-
ments; and 
(2) to make recommendations for the improved manage-
ment of such training requirements. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of the Air Force 
shall submit to the congressional defense committees a report 
on the review and assessment conducted under subsection (a). 
(2) ELEMENTS.—The report under paragraph (1) shall 
include an examination of the following: 
(A) For the aircrews of each type of combat aircraft 
and by mission type— 
(i) the number of sorties required to reach min-
imum and optimal levels of proficiency, respectively; 
(ii) the optimal mix of live and virtual training 
sorties; and 
(iii) the optimal mix of experienced aircrews versus 
inexperienced aircrews. 
(B) The availability of assets and infrastructure to 
support the achievement of aircrew proficiency levels and 
an explanation of any requirements relating to such assets 
and infrastructure. 
(C) The accumulated flying hours or other measure-
ments used to determine if an aircrew qualifies for designa-
tion as an experienced aircrew, and whether different 
measurements should be used. 
(D) Any actions taken or planned to be taken to imple-
ment recommendations resulting from the independent 
review and assessment under subsection (a), including an 
estimate of the resources required to implement such rec-
ommendations. 
(E) Any other matters the Secretary determines are 
appropriate to ensure a comprehensive review and assess-
ment. 
(c) COMPTROLLER GENERAL REVIEW.— 
(1) IN GENERAL.—The Comptroller General of the United 
States shall submit to the congressional defense committees 
a review of the report described in subsection (b). Such review 
shall include an assessment of— 
(A) the extent to which the report addressed the ele-
ments described in paragraph (2) of such subsection; 
(B) the adequacy and completeness of the assumptions 
reviewed to establish the annual training requirements 
of the Air Force; 
(C) any actions the Air Force plans to carry out to 
incorporate the results of the report into annual training 
documents; and 
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130 STAT. 2089 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) any other matters the Comptroller General deter-
mines are relevant. 
(2) BRIEFING.—Not later than 60 days after the date on 
which the Secretary of the Air Force submits the report under 
subsection (b) and prior to submitting the review required 
under paragraph (1), the Comptroller General shall provide 
a briefing to the congressional defense committees on the 
preliminary results of the review conducted under such para-
graph. 
SEC. 352. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF THE 
DEPARTMENT OF DEFENSE. 
(a) STUDY REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall seek 
to enter into a contract with a federally funded research and 
development center to conduct an independent study on the space- 
available travel system of the Department of Defense. 
(b) REPORT REQUIRED.—Not later than 180 days after entering 
into a contract with a federally funded research and development 
center under subsection (a), the Secretary shall submit to the 
congressional defense committees a report summarizing the results 
of the study conducted under such subsection. 
(c) ELEMENTS.—The report under subsection (b) shall include, 
with respect to the space-available travel system, the following: 
(1) A determination of— 
(A) the capacity of the system as of the date of the 
enactment of this Act; 
(B) the projected capacity of the system for the 10- 
year period following such date of enactment; and 
(C) the projected number of reserve retirees, active 
duty retirees, and dependents of such retirees that will 
exist by the end of such 10-year period. 
(2) Estimates of system capacity based the projections 
described in paragraph (1). 
(3) A discussion of the efficiency of the system and data 
regarding the use of available space with respect to each cat-
egory of passengers eligible for space-available travel under 
existing regulations. 
(4) A description of the effect on system capacity if eligi-
bility for space-available travel is extended to— 
(A) drilling reserve component personnel and depend-
ents of such personnel on international flights; 
(B) dependents of reserve component retirees who are 
less than 60 years of age; 
(C) retirees who are less than 60 years of age on 
international flights; 
(D) drilling reserve component personnel traveling to 
drilling locations; and 
(E) members or former members of the Armed Forces 
who have a disability rated as total, if space-available 
travel is provided to such members on the same basis 
as such travel is provided to members of the Armed Forces 
entitled to retired or retainer pay. 
(5) A discussion of logistical and management problems, 
including congestion at terminals, waiting times, lodging avail-
ability, and personal hardships experienced by travelers. 
10 USC 2641b 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(6) An evaluation of the cost of the system and whether 
space-available travel is and can remain cost-neutral. 
(7) An evaluation of the feasibility of expanding the cat-
egories of passengers eligible for space-available travel to 
include— 
(A) in the case of overseas travel, retired members 
of an active or reserve component, including retired mem-
bers of reserve components, who, but for being under the 
eligibility age applicable to the member under section 
12731 of title 10, United States Code, would be eligible 
for retired pay under chapter 1223 of such title; 
(B) unremarried widows and widowers of active or 
reserve component members of the Armed Forces; and 
(C) members or former members of the Armed Forces 
who have a disability rated as total, if space-available 
travel is provided to such members on the same basis 
as such travel is provided to members of the Armed Forces 
entitled to retired or retainer pay. 
(8) Such other factors relating to the efficiency and cost 
of the system as the Secretary determines to be appropriate. 
(d) ADDITIONAL RESPONSIBILITIES.—In addition to carrying out 
subsections (a) through (c), the Secretary of Defense shall— 
(1) analyze the methods used to prioritize among the cat-
egories of individuals eligible for space-available travel and 
make recommendations for— 
(A) re-ordering the priority of such categories; and 
(B) adding additional categories of eligible individuals; 
and 
(2) collect data on travelers who request but do not obtain 
available travel spaces under the space-available travel system. 
(e) DISABILITY RATED AS TOTAL DEFINED.—In this section, the 
term ‘‘disability rated as total’’ has the meaning given the term 
in section 1414(e)(3) of title 10, United States Code. 
SEC. 353. EVALUATION OF MOTOR CARRIER SAFETY PERFORMANCE 
AND SAFETY TECHNOLOGY. 
(a) IN GENERAL.—The Secretary of Defense shall evaluate the 
need for proven safety technology in vehicles transporting shipments 
under the Transportation Protective Services program of the United 
States Transportation Command, including— 
(1) electronic logging devices; 
(2) roll stability control; 
(3) forward collision avoidance systems; 
(4) lane departure warning systems; and 
(5) speed limiters. 
(b) CONSIDERATIONS.—In carrying out subsection (a), the Sec-
retary shall— 
(1) consider the need to avoid catastrophic accidents and 
exposure of security-sensitive materials; and 
(2) take into the account the findings of the Government 
Accountability Office report numbered GAO–16–82 and titled 
‘‘Defense Transportation; DoD Needs to Improve the Evaluation 
of Safety and Performance Information for Carriers Trans-
porting Security-Sensitive Materials’’. 
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130 STAT. 2091 
PUBLIC LAW 114–328—DEC. 23, 2016 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revisions in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Technical corrections to annual authorization for personnel strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2017, as follows: 
(1) The Army, 476,000. 
(2) The Navy, 323,900. 
(3) The Marine Corps, 185,000. 
(4) The Air Force, 321,000. 
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is amended 
by striking paragraphs (1) through (4) and inserting the following 
new paragraphs: 
‘‘(1) For the Army, 476,000. 
‘‘(2) For the Navy, 323,900. 
‘‘(3) For the Marine Corps, 185,000. 
‘‘(4) For the Air Force, 321,000.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2017, as follows: 
(1) The Army National Guard of the United States, 343,000. 
(2) The Army Reserve, 199,000. 
(3) The Navy Reserve, 58,000. 
(4) The Marine Corps Reserve, 38,500. 
(5) The Air National Guard of the United States, 105,700. 
(6) The Air Force Reserve, 69,000. 
(7) The Coast Guard Reserve, 7,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
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130 STAT. 2092 
PUBLIC LAW 114–328—DEC. 23, 2016 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve for any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2017, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 30,155. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 9,955. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 14,764. 
(6) The Air Force Reserve, 2,955. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
(a) IN GENERAL.—The authorized number of military techni-
cians (dual status) as of September 30, 2017, for the reserve compo-
nents of the Army and the Air Force (notwithstanding section 
129 of title 10, United States Code) shall be the following: 
(1) For the Army National Guard of the United States, 
25,507. 
(2) For the Army Reserve, 7,570. 
(3) For the Air National Guard of the United States, 22,103. 
(4) For the Air Force Reserve, 10,061. 
(b) VARIANCE.—Notwithstanding section 115 of title 10, United 
States Code, the end strength prescribed by subsection (a) for 
a reserve component specified in that subsection may be increased— 
(1) by 3 percent, upon determination by the Secretary 
of Defense that such action is in the national interest; and 
(2) by 2 percent, upon determination by the Secretary 
of the military department concerned that such action would 
enhance manning and readiness in essential units or in critical 
specialties or ratings. 
SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation provided in 
section 10217(c)(2) of title 10, United States Code, the number 
of non-dual status technicians employed by the National Guard 
as of September 30, 2017, may not exceed the following: 
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(A) For the Army National Guard of the United States, 
1,600. 
(B) For the Air National Guard of the United States, 
350. 
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2017, 
may not exceed 420. 
(3) AIR FORCE RESERVE.—The number of non-dual status 
technicians employed by the Air Force Reserve as of September 
30, 2017, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term ‘‘non-dual status technician’’ has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2017, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following: 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. TECHNICAL CORRECTIONS TO ANNUAL AUTHORIZATION FOR 
PERSONNEL STRENGTHS. 
Section 115 of title 10, United States Code, is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (B), by striking ‘‘502(f)(2)’’ and 
inserting ‘‘502(f)(1)(B)’’; and 
(B) in subparagraph (C), by striking ‘‘502(f)(2)’’ and 
inserting ‘‘502(f)(1)(B)’’; and 
(2) in subsection (i)(7), by striking ‘‘502(f)(1)’’ and inserting 
‘‘502(f)(1)(A)’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2017 for the use 
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 
appropriations in subsection (a) supersedes any other authorization 
of appropriations (definite or indefinite) for such purpose for fiscal 
year 2017. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Reduction in number of general and flag officers on active duty and au-
thorized strength after December 31, 2022, of such general and flag offi-
cers. 
Sec. 502. Repeal of statutory specification of general or flag officer grade for various 
positions in the Armed Forces. 
Sec. 503. Number of Marine Corps general officers. 
Sec. 504. Promotion eligibility period for officers whose confirmation of appoint-
ment is delayed due to nonavailability to the Senate of probative infor-
mation under control of non-Department of Defense agencies. 
Sec. 505. Continuation of certain officers on active duty without regard to require-
ment for retirement for years of service. 
Sec. 506. Equal consideration of officers for early retirement or discharge. 
Sec. 507. Modification of authority to drop from rolls a commissioned officer. 
Sec. 508. Extension of force management authorities allowing enhanced flexibility 
for officer personnel management. 
Sec. 509. Pilot programs on direct commissions to cyber positions. 
Sec. 510. Length of joint duty assignments. 
Sec. 510A. Revision of definitions used for joint officer management. 
Subtitle B—Reserve Component Management 
Sec. 511. Authority for temporary waiver of limitation on term of service of Vice 
Chief of the National Guard Bureau. 
Sec. 512. Rights and protections available to military technicians. 
Sec. 513. Inapplicability of certain laws to National Guard technicians performing 
active Guard and Reserve duty. 
Sec. 514. Extension of removal of restrictions on the transfer of officers between the 
active and inactive National Guard. 
Sec. 515. Extension of temporary authority to use Air Force reserve component per-
sonnel to provide training and instruction regarding pilot training. 
Sec. 516. Expansion of eligibility for deputy commander of combatant command 
having United States among geographic area of responsibility to include 
officers of the Reserves. 
Subtitle C—General Service Authorities 
Sec. 521. Matters relating to provision of leave for members of the Armed Forces, 
including prohibition on leave not expressly authorized by law. 
Sec. 522. Transfer of provision relating to expenses incurred in connection with 
leave canceled due to contingency operations. 
Sec. 523. Expansion of authority to execute certain military instruments. 
Sec. 524. Medical examination before administrative separation for members with 
post-traumatic stress disorder or traumatic brain injury in connection 
with sexual assault. 
Sec. 525. Reduction of tenure on the temporary disability retired list. 
Sec. 526. Technical correction to voluntary separation pay and benefits. 
Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army 
recruiting. 
Subtitle D—Member Whistleblower Protections and Correction of Military Records 
Sec. 531. Improvements to whistleblower protection procedures. 
Sec. 532. Modification of whistleblower protection authorities to restrict contrary 
findings of prohibited personnel action by the Secretary concerned. 
Sec. 533. Availability of certain Correction of Military Records and Discharge Re-
view Board information through the Internet. 
Sec. 534. Improvements to authorities and procedures for the correction of military 
records. 
Sec. 535. Treatment by discharge review boards of claims asserting post-traumatic 
stress disorder or traumatic brain injury in connection with combat or 
sexual trauma as a basis for review of discharge. 
Sec. 536. Comptroller General of the United States review of integrity of Depart-
ment of Defense whistleblower program. 
Subtitle E—Military Justice and Legal Assistance Matters 
Sec. 541. United States Court of Appeals for the Armed Forces. 
Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on 
professional military justice development for judge advocates. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 543. Inclusion in annual reports on sexual assault prevention and response ef-
forts of the Armed Forces of information on complaints of retaliation in 
connection with reports of sexual assault in the Armed Forces. 
Sec. 544. Extension of the requirement for annual report regarding sexual assaults 
and coordination with release of Family Advocacy Program report. 
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to prevent and re-
spond to retaliation in connection with reports of sexual assault in the 
Armed Forces. 
Sec. 546. Training for Department of Defense personnel who investigate claims of 
retaliation. 
Sec. 547. Notification to complainants of resolution of investigations into retalia-
tion. 
Sec. 548. Modification of definition of sexual harassment for purposes of investiga-
tions by commanding officers of complaints of harassment. 
Sec. 549. Improved Department of Defense prevention of and response to hazing in 
the Armed Forces. 
Subtitle F—National Commission on Military, National, and Public Service 
Sec. 551. Purpose, scope, and definitions. 
Sec. 552. Preliminary report on purpose and utility of registration system under 
Military Selective Service Act. 
Sec. 553. National Commission on Military, National, and Public Service. 
Sec. 554. Commission hearings and meetings. 
Sec. 555. Principles and procedure for Commission recommendations. 
Sec. 556. Executive Director and staff. 
Sec. 557. Termination of Commission. 
Subtitle G—Member Education, Training, Resilience, and Transition 
Sec. 561. Modification of program to assist members of the Armed Forces in obtain-
ing professional credentials. 
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse 
counseling as part of required preseparation counseling. 
Sec. 563. Inclusion of information in Transition Assistance Program regarding ef-
fect of receipt of both veteran disability compensation and voluntary 
separation pay. 
Sec. 564. Training under Transition Assistance Program on career and employment 
opportunities associated with transportation security cards. 
Sec. 565. Extension of suicide prevention and resilience program. 
Sec. 566. Congressional notification in advance of appointments to service acad-
emies. 
Sec. 567. Report and guidance on Job Training, Employment Skills Training, Ap-
prenticeships, and Internships and SkillBridge initiatives for members 
of the Armed Forces who are being separated. 
Sec. 568. Military-to-mariner transition. 
Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters 
Sec. 571. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 572. One-year extension of authorities relating to the transition and support 
of military dependent students to local educational agencies. 
Sec. 573. Annual notice to members of the Armed Forces regarding child custody 
protections guaranteed by the Servicemembers Civil Relief Act. 
Sec. 574. Requirement for annual Family Advocacy Program report regarding child 
abuse and domestic violence. 
Sec. 575. Reporting on allegations of child abuse in military families and homes. 
Sec. 576. Repeal of Advisory Council on Dependents’ Education. 
Sec. 577. Support for programs providing camp experience for children of military 
families. 
Sec. 578. Comptroller General of the United States assessment and report on Ex-
ceptional Family Member Programs. 
Sec. 579. Impact aid amendments. 
Subtitle I—Decorations and Awards 
Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States 
Air Force, on the retired list. 
Sec. 582. Authorization for award of medals for acts of valor during certain contin-
gency operations. 
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and 
James C. McCloughan for acts of valor during the Vietnam War. 
Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieuten-
ant Melvin M. Spruiell for acts of valor during World War II. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain 
(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World 
War II. 
Sec. 586. Review regarding award of Medal of Honor to certain Asian American 
and Native American Pacific Islander war veterans. 
Subtitle J—Miscellaneous Reports and Other Matters 
Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Acad-
emy appointed by the President. 
Sec. 592. Extension of limitation on reduction in number of military and civilian 
personnel assigned to duty with service review agencies. 
Sec. 593. Annual reports on progress of the Army and the Marine Corps in inte-
grating women into military occupational specialities and units recently 
opened to women. 
Sec. 594. Report on feasability of electronic tracking of operational active-duty serv-
ice performed by members of the Ready Reserve of the Armed Forces. 
Sec. 595. Report on discharge by warrant officers of pilot and other flight officer po-
sitions in the Navy, Marine Corps, and Air Force currently discharged 
by commissioned officers. 
Sec. 596. Body mass index test. 
Sec. 597. Report on career progression tracks of the Armed Forces for women in 
combat arms units. 
Subtitle A—Officer Personnel Policy 
SEC. 501. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS 
ON ACTIVE DUTY AND AUTHORIZED STRENGTH AFTER 
DECEMBER 31, 2022, OF SUCH GENERAL AND FLAG OFFI-
CERS. 
(a) REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS 
BY DECEMBER 31, 2022.— 
(1) REQUIRED REDUCTION.—Except as otherwise provided 
by an Act enacted after the date of the enactment of this 
Act that expressly modifies the requirements of this paragraph, 
by not later than December 31, 2022, the Secretary of Defense 
shall reduce the number of general and flag officers on active 
duty by 110 from the aggregate authorized number of general 
and flag officers authorized by sections 525 and 526 of title 
10, United States Code, as of December 31, 2015. 
(2) DISTRIBUTION OF AUTHORIZED POSITIONS.—Effective as 
of December 31, 2022, and reflecting the reduction required 
by paragraph (1), authorized general and flag officer positions 
shall be distributed among the Army, Navy, Air Force, Marine 
Corps, and joint pool as follows: 
(A) The Army is authorized 220 positions in the general 
officer grades. 
(B) The Navy is authorized 151 positions in the flag 
officer grades. 
(C) The Air Force is authorized 187 positions in the 
general officer grades. 
(D) The Marine Corps is authorized 62 positions in 
the general officer grades. 
(E) The joint pool is authorized 232 positions in the 
general or flag officer grades, to be distributed as follows: 
(i) 82 positions in the general officer grades from 
the Army. 
(ii) 60 positions in the flag officer grades from 
the Navy. 
(iii) 69 positions in the general officer grades from 
the Air Force. 
10 USC 525 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(iv) 21 positions in the general officer grades from 
the Marine Corps. 
(3) TEMPORARY ADDITIONAL JOINT POOL ALLOCATION.—In 
addition to the positions authorized by paragraph (2), the 30 
general and flag officer positions designated for overseas contin-
gency operations are authorized as an additional maximum 
temporary allocation to the joint pool. 
(b) PLAN
TO ACHIEVE REQUIRED REDUCTION
AND DISTRIBU-
TION.— 
(1) PLAN REQUIRED.—Utilizing the study conducted under 
subsection (c), the Secretary of Defense shall develop a plan 
to achieve, by the date specified in subsection (a)(1)— 
(A) the reduction required by such subsection in the 
number of general and flag officers; and 
(B) the distribution of authorized positions required 
by subsection (a)(2). 
(2) SUBMISSION OF PLAN.—When the budget for the Depart-
ment of Defense for fiscal year 2019 is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report setting forth the plan developed under this subsection. 
(3) PROGRESS REPORTS.—The Secretary of Defense shall 
include with the budget for the Department of Defense for 
each of fiscal years 2020, 2021, and 2022 a report describing 
and assessing the progress of the Secretary in implementing 
the plan developed under this subsection. 
(c) STUDY FOR PURPOSES OF PLAN.— 
(1) STUDY REQUIRED.—For purposes of complying with sub-
section (a) and preparing the plan required by subsection (b), 
the Secretary of Defense shall conduct a comprehensive and 
deliberate global manpower study of requirements for general 
and flag officers with the goal of identifying— 
(A) the requirement justification for each general or 
flag officer position in terms of overall force structure, 
scope of responsibility, command and control requirements, 
and force readiness and execution; 
(B) an additional 10 percent reduction in the aggregate 
number of authorized general officer and flag officer posi-
tions after the reductions required by subsection (a); and 
(C) an appropriate redistribution of all general officer 
and flag officer positions within the reductions so identified. 
(2) SUBMISSION OF STUDY RESULTS.—Not later than April 
1, 2017, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report setting forth the results of the study 
conducted under this subsection, including the justification for 
general and flag officer position to be retained and the reduc-
tions identified by general and flag officer position. 
(3) INTERIM REPORT.—If practicable before the date speci-
fied in paragraph (2), the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives an interim report describing the 
progress made toward the completion of the study under this 
subsection, including— 
(A) the specific general and flag officer positions that 
have been evaluated; 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(B) the results of that evaluation; and 
(C) recommendations for achieving the additional 10 
percent reduction in the aggregate number of authorized 
general officer and flag officer positions to be identified 
under paragraph (1)(C) and recommendations for redis-
tribution of general and flag officer positions that have 
been developed to that point. 
(d) EXCLUSIONS.— 
(1) RELATED TO JOINT DUTY ASSIGNMENTS.—For purposes 
of complying with subsection (a), the Secretary of Defense may 
exclude— 
(A) a general or flag officer released from a joint duty 
assignment, but only during the 60-day period beginning 
on the date the officer departs the joint duty assignment, 
except that the Secretary may authorize the Secretary of 
a military department to extend the 60-day period by an 
additional 120 days, but not more than three officers on 
active duty from each Armed Force may be covered by 
the additional extension at the same time; and 
(B) the number of officers required to serve in joint 
duty assignments for each Armed Force as authorized by 
the Secretary under section 526a(b) of title 10, United 
States Code, as added by subsection (h) of this section. 
(2) RELATED TO RELIEF FROM CHIEF OF STAFF DUTY.—For 
purposes of complying with subsection (a), the Secretary of 
Defense may exclude an officer who continues to hold the 
grade of general or admiral under section 601(b)(5) of title 
10, United States Code, after relief from the position of Chair-
man of the Joint Chiefs of Staff, Chief of Staff of the Army, 
Chief of Naval Operations, Chief of Staff of the Air Force, 
or Commandant of the Marine Corps. 
(3) RELATED
TO
RETIREMENT, SEPARATION, RELEASE, OR 
RELIEF.—For purposes of complying with subsection (a), the 
Secretary of Defense may exclude the following officers: 
(A) An officer of an Armed Force in the grade of briga-
dier general or above or, in the case of the Navy, in the 
grade of rear admiral (lower half) or above, who is on 
leave pending the retirement, separation, or release of that 
officer from active duty, but only during the 60-day period 
beginning on the date of the commencement of such leave 
of such officer. 
(B) An officer of an Armed Force who has been relieved 
from a position designated under section 601(a) of title 
10, United States Code, or by law to carry one of the 
grades specified in such section, but only during the 60- 
day period beginning on the date on which the assignment 
of the officer to the first position is terminated or until 
the officer is assigned to a second such position, whichever 
occurs first. 
(e) SECRETARIAL AUTHORITY TO GRANT EXCEPTIONS TO LIMITA-
TIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of Defense may alter the reduction otherwise required by sub-
section (a)(1) in the number of general and flag officer or 
the distribution of authorized positions otherwise required by 
subsection (a)(2) in the interest of the national security of 
the United States. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(2) NOTICE TO CONGRESS OF EXCEPTIONS.—Not later than 
30 days after authorizing a number of general or flag officers 
in excess of the number required as a result of the reduction 
required by subsection (a)(1) or altering the distribution of 
authorized positions under subsection (a)(2), the Secretary of 
Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives written notice 
of such exception, including a statement of the reason for 
such exception and the anticipated duration of the exception. 
(f) ORDERLY TRANSITION FOR OFFICERS RECENTLY ASSIGNED 
TO POSITIONS TO BE ELIMINATED.— 
(1) COVERED
OFFICERS.—In order to provide an orderly 
transition for personnel in general or flag officer positions to 
be eliminated pursuant to the plan prepared under subsection 
(b), any general or flag officer who has not completed, as 
of December 31, 2022, at least 24 months in a position to 
be eliminated pursuant to the plan may remain in the position 
until the last day of the month that is 24 months after the 
month in which the officer assumed the duties of the position. 
(2) REPORT TO CONGRESS ON COVERED OFFICERS.—The Sec-
retary of Defense shall include in the annual report required 
by section 526(j) of title 10, United States Code, in 2020 a 
description of the positions in which an officer will remain 
pursuant to paragraph (1), including the latest date on which 
the officer may remain in such position pursuant to that para-
graph. 
(3) NOTICE TO CONGRESS ON DETACHMENT OF COVERED OFFI-
CERS.—The Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a notice on the date on which each officer covered 
by paragraph (1) is detached from the officer’s position pursuant 
to such paragraph. 
(g) RELATION
TO SUBSEQUENT GENERAL
OR FLAG NOMINA-
TIONS.— 
(1) NOTICE TO SENATE WITH NOMINATION.—In order to help 
achieve the requirements of the plan required by subsection 
(b), effective 30 days after the commencement of the 
implementation of the plan, the Secretary of Defense shall 
include with each nomination of an officer to a grade above 
colonel or captain (in the case of the Navy) that is forwarded 
by the President to the Senate for appointment, by and with 
the advice and consent of the Senate, a certification to the 
Committee on Armed Services of the Senate that the appoint-
ment of the officer to the grade concerned will not interfere 
with achieving the reduction required by subsection (a)(1) in 
the number of general and flag officer positions or the distribu-
tion of authorized positions required by subsection (a)(2). 
(2) IMPLEMENTATION.—Not later than 120 days after the 
date of the submission of the plan required by subsection (b), 
the Secretary of Defense shall revise applicable guidance of 
the Department of Defense on general and flag officer 
authorizations in order to ensure that— 
(A) the achievement of the reductions required pursu-
ant to subsection (a) is incorporated into the planning 
for the execution of promotions by the military departments 
and for the joint pool; 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(B) to the extent practicable, the resulting grades for 
general and flag officer positions are uniformly applied 
to positions of similar duties and responsibilities across 
the military departments and the joint pool; and 
(C) planning achieves a reduction in the headquarters 
functions and administrative and support activities and 
staffs of the Department of Defense and the military 
departments commensurate with the achievement of the 
reductions required pursuant to subsection (a). 
(h) AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022, OF GEN-
ERAL AND FLAG OFFICERS ON ACTIVE DUTY.— 
(1) IN GENERAL.—Chapter 32 of title 10, United States 
Code, is amended by inserting after section 526 the following 
new section: 
‘‘§ 526a. Authorized strength after December 31, 2022: general 
officers and flag officers on active duty 
‘‘(a) LIMITATIONS.—The number of general officers on active 
duty in the Army, Air Force, and Marine Corps, and the number 
of flag officers on active duty in the Navy, after December 31, 
2022, may not exceed the number specified for the armed force 
concerned as follows: 
‘‘(1) For the Army, 220. 
‘‘(2) For the Navy, 151. 
‘‘(3) For the Air Force, 187. 
‘‘(4) For the Marine Corps, 62. 
‘‘(b) LIMITED EXCLUSION
FOR JOINT DUTY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary of Defense may designate 
up to 232 general officer and flag officer positions that are 
joint duty assignments for purposes of chapter 38 of this title 
for exclusion from the limitations in subsection (a). 
‘‘(2) MINIMUM NUMBER.—Unless the Secretary of Defense 
determines that a lower number is in the best interest of 
the Department of Defense, the minimum number of officers 
serving in positions designated under paragraph (1) for each 
armed force shall be as follows: 
‘‘(A) For the Army, 75. 
‘‘(B) For the Navy, 53. 
‘‘(C) For the Air Force, 68. 
‘‘(D) For the Marine Corps, 17. 
‘‘(c) EXCLUSION
OF CERTAIN OFFICERS PENDING SEPARATION 
OR RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations 
of this section do not apply to— 
‘‘(1) an officer of an armed force in the grade of brigadier 
general or above or, in the case of the Navy, in the grade 
of rear admiral (lower half) or above, who is on leave pending 
the retirement, separation, or release of that officer from active 
duty, but only during the 60-day period beginning on the date 
of the commencement of such leave of such officer; or 
‘‘(2) an officer of an armed force who has been relieved 
from a position designated under section 601(a) of this title 
or by law to carry one of the grades specified in such section, 
but only during the 60-day period beginning on the date on 
which the assignment of the officer to the first position is 
terminated or until the officer is assigned to a second such 
position, whichever occurs first. 
10 USC 526a. 
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130 STAT. 2101 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(d) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM-
PORARY BILLETS.— 
‘‘(1) IN GENERAL.—The limitations in subsection (a) do not 
apply to a general officer or flag officer assigned to a temporary 
joint duty assignment designated by the Secretary of Defense. 
‘‘(2) DURATION OF EXCLUSION.—A general officer or flag 
officer assigned to a temporary joint duty assignment as 
described in paragraph (1) may not be excluded under this 
subsection from the limitations in subsection (a) for a period 
of longer than one year. 
‘‘(e) EXCLUSION
OF OFFICERS DEPARTING FROM JOINT DUTY 
ASSIGNMENTS.—The limitations in subsection (a) do not apply to 
an officer released from a joint duty assignment, but only during 
the 60-day period beginning on the date the officer departs the 
joint duty assignment. The Secretary of Defense may authorize 
the Secretary of a military department to extend the 60-day period 
by an additional 120 days, except that not more than three officers 
on active duty from each armed force may be covered by the 
additional extension at the same time. 
‘‘(f) ACTIVE-DUTY BASELINE.— 
‘‘(1) NOTICE AND WAIT REQUIREMENTS.—If the Secretary 
of a military department proposes an action that would increase 
above the baseline the number of general officers or flag officers 
of an armed force under the jurisdiction of that Secretary 
who would be on active duty and would count against the 
statutory limit applicable to that armed force under subsection 
(a), the action shall not take effect until after the end of 
the 60-calendar day period beginning on the date on which 
the Secretary provides notice of the proposed action, including 
the rationale for the action, to the Committees on Armed Serv-
ices of the Senate and the House of Representatives. 
‘‘(2) BASELINE DEFINED.—In paragraph (1), the term ‘base-
line’ for an armed force means the lower of— 
‘‘(A) the statutory limit of general officers or flag offi-
cers of that armed force under subsection (a); or 
‘‘(B) the actual number of general officers or flag offi-
cers of that armed force who, as of January 1, 2023, counted 
toward the statutory limit of general officers or flag officers 
of that armed force under subsection (a). 
‘‘(g) JOINT DUTY ASSIGNMENT BASELINE.— 
‘‘(1) NOTICE AND WAIT REQUIREMENT.—If the Secretary of 
Defense, the Secretary of a military department, or the Chair-
man of the Joint Chiefs of Staff proposes an action that would 
increase above the baseline the number of general officers 
and flag officers of the armed forces in joint duty assignments 
who count against the statutory limit under subsection (b)(1), 
the action shall not take effect until after the end of the 
60-calendar day period beginning on the date on which such 
Secretary or the Chairman, as the case may be, provides notice 
of the proposed action, including the rationale for the action, 
to the Committees on Armed Services of the Senate and the 
House of Representatives. 
‘‘(2) BASELINE DEFINED.—In paragraph (1), the term ‘base-
line’ means the lower of— 
‘‘(A) the statutory limit on general officer and flag 
officer positions that are joint duty assignments under 
subsection (b)(1); or 
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130 STAT. 2102 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) the actual number of general officers and flag 
officers who, as of January 1, 2023, were in joint duty 
assignments counted toward the statutory limit under sub-
section (b)(1). 
‘‘(h) ANNUAL REPORT.—Not later than March 1 each year, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
specifying the following: 
‘‘(1) The numbers of general officers and flag officers who, 
as of January 1 of the calendar year in which the report 
is submitted, counted toward the service-specific limits of sub-
section (a). 
‘‘(2) The number of general officers and flag officers in 
joint duty assignments who, as of such January 1, counted 
toward the statutory limit under subsection (b)(1).’’. 
(2) CONFORMING
AMENDMENT.—Section 526 of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(k) CESSATION OF APPLICABILITY.—The provisions of this sec-
tion shall not apply to number of general officers and flag officers 
in the armed forces after December 31, 2022. For provisions 
applicable to the number of such officers after that date, see section 
526a of this title.’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 32 of title 10, United States Code, is 
amended by inserting after the item relating to section 526 
the following new item: 
‘‘526a. Authorized strength after December 31, 2022: general officers and flag offi-
cers on active duty.’’. 
SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR 
FLAG OFFICER GRADE FOR VARIOUS POSITIONS IN THE 
ARMED FORCES. 
(a) ASSISTANTS TO CJCS FOR NG MATTERS AND RESERVE MAT-
TERS.— 
(1) IN GENERAL.—Section 155a of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 5 of such title is amended by striking 
the item relating to section 155a. 
(b) LEGAL COUNSEL TO CJCS.—Section 156 of title 10, United 
States Code, is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
(c) DIRECTOR OF TEST RESOURCE MANAGEMENT CENTER.—Sec-
tion 196(b)(1) of title 10, United States Code, is amended by striking 
the second and third sentences. 
(d) DIRECTOR OF MISSILE DEFENSE AGENCY.— 
(1) IN GENERAL.—Section 203 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 8 of such title is amended by striking 
the item relating to section 203. 
(e) JOINT 4-STAR POSITIONS.—Section 604(b) of title 10, United 
States Code, is amended by striking paragraph (3). 
10 USC 201 prec. 
10 USC 151 prec. 
10 USC 521 prec. 
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130 STAT. 2103 
PUBLIC LAW 114–328—DEC. 23, 2016 
(f) SENIOR MEMBERS OF MILITARY STAFF COMMITTEE OF UN.— 
Section 711 of title 10, United States Code, is amended by striking 
the second sentence. 
(g) CHIEF OF STAFF TO PRESIDENT.— 
(1) IN GENERAL.—Section 720 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 41 of such title is amended by striking 
the item relating to section 720. 
(h) ATTENDING PHYSICIAN TO CONGRESS.— 
(1) IN GENERAL.—Section 722 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 41 of such title is amended by striking 
the item relating to section 722. 
(i) PHYSICIAN TO WHITE HOUSE.— 
(1) IN GENERAL.—Section 744 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 43 of such title is amended by striking 
the item relating to section 744. 
(j) CHIEF
OF LEGISLATIVE LIAISON
OF
THE ARMY.—Section 
3023(a) of title 10, United States Code, is amended by striking 
the second sentence. 
(k) CHIEFS OF BRANCHES OF THE ARMY.—Section 3036(b) of 
title 10, United States Code, is amended in the flush matter fol-
lowing paragraph (2)— 
(1) by striking the first sentence; and 
(2) in the second sentence, by striking ‘‘, and while so 
serving, has the grade of lieutenant general’’. 
(l) JUDGE ADVOCATE GENERAL OF THE ARMY.—Section 3037(a) 
of title 10, United States Code, is amended by striking the last 
two sentences. 
(m) CHIEF
OF ARMY RESERVE.—Section 3038(c) of title 10, 
United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘; GRADE’’; 
(2) by striking ‘‘(1)’’; and 
(3) by striking paragraph (2). 
(n) DEPUTY
AND ASSISTANT CHIEFS
OF BRANCHES
OF
THE 
ARMY.— 
(1) IN GENERAL.—Section 3039 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 305 of such title is amended by striking 
the item relating to section 3039. 
(o) CHIEF
OF ARMY NURSE CORPS.—Section 3069(b) of title 
10, United States Code, is amended by striking the second sentence. 
(p) ASSISTANT CHIEFS OF ARMY MEDICAL SPECIALIST CORPS.— 
(1) IN GENERAL.—Section 3070 of title 10, United States 
Code, is amended— 
(A) in subsection (a), by striking ‘‘and assistant chiefs’’; 
(B) by striking subsection (c); and 
(C) by redesignating subsection (d) as subsection (c). 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
10 USC 3031 
prec. 
10 USC 741 prec. 
10 USC 711 prec. 
10 USC 711 prec. 
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130 STAT. 2104 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 3070. Army Medical Specialist Corps: organization; Chief’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 307 of such title is amended by striking 
the item relating to section 3070 and inserting the following 
new item: 
‘‘3070. Army Medical Specialist Corps: organization; Chief.’’. 
(q) JUDGE ADVOCATE GENERAL’S CORPS OF THE ARMY.—Section 
3072 of title 10, United States Code, is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively. 
(r) CHIEF OF VETERINARY CORPS OF THE ARMY.— 
(1) IN GENERAL.—Section 3084 of title 10, United States 
Code, is amended by striking the second sentence. 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 3084. Chief of Veterinary Corps’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 307 of such title is amended by striking 
the item relating to section 3084 and inserting the following 
new item: 
‘‘3084. Chief of Veterinary Corps.’’. 
(s) ARMY AIDES.— 
(1) IN GENERAL.—Section 3543 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 343 of such title is amended by striking 
the item relating to section 3543. 
(t) PRINCIPAL MILITARY DEPUTY TO ASSISTANT SECRETARY OF 
THE NAVY FOR RD&A.—Section 5016(b)(4)(B) of title 10, United 
States Code, is amended by striking ‘‘a vice admiral of the Navy 
or a lieutenant general of the Marine Corps’’ and inserting ‘‘an 
officer of the Navy or the Marine Corps’’. 
(u) CHIEF
OF NAVAL RESEARCH.—Section 5022 of title 10, 
United States Code, is amended— 
(1) by striking ‘‘(1)’’; and 
(2) by striking paragraph (2). 
(v) CHIEF
OF LEGISLATIVE AFFAIRS
OF
THE NAVY.—Section 
5027(a) of title 10, United States Code, is amended by striking 
the second sentence. 
(w) DIRECTOR FOR EXPEDITIONARY WARFARE.—Section 5038 of 
title 10, United States Code, is amended— 
(1) by striking subsection (b); and 
(2) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively. 
(x) SJA TO COMMANDANT
OF
THE MARINE CORPS.—Section 
5046(a) of title 10, United States Code, is amended by striking 
the last sentence. 
(y) LEGISLATIVE ASSISTANT TO COMMANDANT OF THE MARINE 
CORPS.—Section 5047 of title 10, United States Code, is amended 
by striking the second sentence. 
(z) BUREAU CHIEFS OF THE NAVY.— 
(1) IN GENERAL.—Section 5133 of title 10, United States 
Code, is repealed. 
10 USC 3531 
prec. 
10 USC 3061 
prec. 
10 USC 3061 
prec. 
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130 STAT. 2105 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 513 of such title is amended by striking 
the item relating to section 5133. 
(aa) CHIEF
OF DENTAL CORPS
OF
THE NAVY.—Section 5138 
of title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘not below the grade 
of rear admiral (lower half)’’; and 
(2) in subsection (c), by striking the first sentence. 
(bb) BUREAU OF NAVAL PERSONNEL.— 
(1) IN GENERAL.—Section 5141 of title 10, United States 
Code, is amended— 
(A) in subsection (a), by striking the first sentence; 
and 
(B) in subsection (b), by striking the first sentence. 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 5141. Chief of Naval Personnel; Deputy Chief of Naval 
Personnel’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 513 of such title is amended by striking 
the item relating to section 5141 and inserting the following 
new item: 
‘‘5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.’’. 
(cc) CHIEF OF CHAPLAINS OF THE NAVY.—Section 5142 of title 
10, United States Code, is amended by striking subsection (e). 
(dd) CHIEF
OF NAVY RESERVE.—Section 5143(c) of title 10, 
United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘; GRADE’’; 
(2) by striking ‘‘(1)’’; and 
(3) by striking paragraph (2). 
(ee) COMMANDER, MARINE FORCES RESERVE.—Section 5144(c) 
of title 10, United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘; GRADE’’; 
(2) by striking ‘‘(1)’’; and 
(3) by striking paragraph (2). 
(ff) JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b) 
of title 10, United States Code, is amended by striking the last 
sentence. 
(gg) DEPUTY AND ASSISTANT JUDGE ADVOCATES GENERAL OF 
THE NAVY.—Section 5149 of title 10, United States Code, is 
amended— 
(1) in subsection (a)(1)— 
(A) in the first sentence, by striking ‘‘, by and with 
the advice and consent of the Senate,’’; and 
(B) by striking the second sentence; and 
(2) in each of subsections (b) and (c), by striking the second 
and last sentences. 
(hh) CHIEFS OF STAFF CORPS OF THE NAVY.—Section 5150 of 
title 10, United States Code, is amended— 
(1) in subsection (b)(2), by striking ‘‘Subject to subsection 
(c), the Secretary’’ and inserting ‘‘The Secretary’’; and 
(2) by striking subsection (c). 
(ii) PRINCIPAL MILITARY DEPUTY TO ASSISTANT SECRETARY OF 
THE AIR FORCE FOR ACQUISITION.—Section 8016(b)(4)(B) of title 
10 USC 5131 
prec. 
10 USC 5131 
prec. 
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130 STAT. 2106 
PUBLIC LAW 114–328—DEC. 23, 2016 
10, United States Code, is amended by striking ‘‘a lieutenant gen-
eral’’ and inserting ‘‘an officer’’. 
(jj) CHIEF OF LEGISLATIVE LIAISON OF THE AIR FORCE.—Section 
8023(a) of title 10, United States Code, is amended by striking 
the second sentence. 
(kk) JUDGE ADVOCATE GENERAL AND DEPUTY JUDGE ADVOCATE 
GENERAL
OF
THE AIR FORCE.—Section 8037 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking the last sentence; and 
(2) in subsection (d)(1), by striking the last sentence. 
(ll) CHIEF
OF
THE AIR FORCE RESERVE.—Section 8038(c) of 
title 10, United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘; GRADE’’; 
(2) by striking ‘‘(1)’’; and 
(3) by striking paragraph (2). 
(mm) CHIEF OF CHAPLAINS OF THE AIR FORCE.—Section 8039 
of title 10, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B) and (C) as 
subparagraphs (A) and (B), respectively; and 
(2) by striking subsection (c). 
(nn) CHIEF OF AIR FORCE NURSES.— 
(1) IN GENERAL.—Section 8069 of title 10, United States 
Code, is amended— 
(A) in subsection (a)— 
(i) in the subsection heading, by striking ‘‘POSI-
TIONS OF CHIEF AND ASSISTANT CHIEF’’ and inserting 
‘‘POSITION OF CHIEF’’; and 
(ii) by striking ‘‘and assistant chief’’; 
(B) in subsection (b), by striking the second sentence; 
and 
(C) by striking subsection (c). 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 8069. Air Force nurses: Chief; appointment’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 807 of such title is amended by striking 
the item relating to section 8069 and inserting the following 
new item: 
‘‘8069. Air Force nurses: Chief; appointment.’’. 
(oo) ASSISTANT SURGEON GENERAL FOR DENTAL SERVICES OF 
THE AIR FORCE.—Section 8081 of title 10, United States Code, 
is amended by striking the second sentence. 
(pp) AIR FORCE AIDES.— 
(1) IN GENERAL.—Section 8543 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 843 of such title is amended by striking 
the item relating to section 8543. 
(qq) DEAN OF FACULTY OF THE AIR FORCE ACADEMY.—Section 
9335(b) of title 10, United States Code, is amended by striking 
the first and third sentences. 
(rr) VICE CHIEF OF THE NATIONAL GUARD BUREAU.—Section 
10505(a) of title 10, United States Code, is amended— 
10 USC 8531 
prec. 
10 USC 8061 
prec. 
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130 STAT. 2107 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in subsection (a)(1)— 
(A) in subparagraph (C), by adding ‘‘and’’ at the end; 
(B) in subparagraph (D), by striking ‘‘; and’’ at the 
end and inserting a period; and 
(C) by striking subparagraph (E); and 
(2) by striking subsection (c). 
(ss) OTHER SENIOR NATIONAL GUARD BUREAU OFFICERS.—Sec-
tion 10506(a)(1) of title 10, United States Code, is amended in 
each of subparagraphs (A) and (B)— 
(1) by striking ‘‘general’’; and 
(2) by striking ‘‘, and shall hold the grade of lieutenant 
general while so serving,’’. 
SEC. 503. NUMBER OF MARINE CORPS GENERAL OFFICERS. 
(a) DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY 
IN GENERAL OFFICER AND FLAG OFFICER GRADES.—Section 525(a)(4) 
of title 10, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘15’’ and inserting 
‘‘17’’; and 
(2) in subparagraph (C), by striking ‘‘23’’ and inserting 
‘‘22’’. 
(b) GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.—Section 
526(a)(4) of such title is amended by striking ‘‘61’’ and inserting 
‘‘62’’. 
(c) DEPUTY COMMANDANTS.—Section 5045 of such title is 
amended by striking ‘‘six’’ and inserting ‘‘seven’’. 
SEC. 504. PROMOTION ELIGIBILITY PERIOD FOR OFFICERS WHOSE 
CONFIRMATION OF APPOINTMENT IS DELAYED DUE TO 
NONAVAILABILITY 
TO 
THE 
SENATE 
OF 
PROBATIVE 
INFORMATION UNDER CONTROL OF NON-DEPARTMENT OF 
DEFENSE AGENCIES. 
Section 629(c) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) Paragraph (1) does not apply when the Senate is not 
able to obtain information necessary to give its advice and consent 
to the appointment concerned because that information is under 
the control of a department or agency of the Federal Government 
other than the Department of Defense.’’. 
SEC. 505. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY 
WITHOUT REGARD TO REQUIREMENT FOR RETIREMENT 
FOR YEARS OF SERVICE. 
(a) AUTHORITY FOR CONTINUATION ON ACTIVE DUTY.— 
(1) IN GENERAL.—Subchapter IV of chapter 36 of title 10, 
United States Code, is amended by inserting after section 637 
the following new section: 
‘‘§ 637a. Continuation on active duty: officers in certain mili-
tary specialties and career tracks 
‘‘(a) IN GENERAL.—The Secretary of the military department 
concerned may authorize an officer in a grade above grade O– 
4 to remain on active duty after the date otherwise provided for 
the retirement of the officer in section 633, 634, 635, or 636 of 
this title, as applicable, if the officer has a military occupational 
10 USC 637a. 
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130 STAT. 2108 
PUBLIC LAW 114–328—DEC. 23, 2016 
specialty, rating, or specialty code in a military specialty designated 
pursuant to subsection (b). 
‘‘(b) MILITARY
SPECIALTIES.—Each Secretary of a military 
department shall designate the military specialties in which a mili-
tary occupational specialty, rating, or specialty code, as applicable, 
assigned to members of the armed forces under the jurisdiction 
of such Secretary authorizes the members to be eligible for continu-
ation on active duty as provided in subsection (a). 
‘‘(c) DURATION
OF CONTINUATION.—An officer continued on 
active duty pursuant to this section shall, if not earlier retired, 
be retired on the first day of the month after the month in which 
the officer completes 40 years of active service. 
‘‘(d) REGULATIONS.—The Secretaries of the military depart-
ments shall carry out this section in accordance with regulations 
prescribed by the Secretary of Defense. The regulations shall specify 
the criteria to be used by the Secretaries of the military departments 
in designating military specialities for purposes of subsection (b).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter IV of chapter 36 of title 10, United 
States Code, is amended by inserting after the item relating 
to section 637 the following new item: 
‘‘637a. Continuation on active duty: officers in certain military specialties and career 
tracks.’’. 
(b) CONFORMING AMENDMENTS.—The following provisions of 
title 10, United States Code, are amended by inserting ‘‘or 637a’’ 
after ‘‘637(b)’’: 
(1) Section 633(a). 
(2) Section 634(a). 
(3) Section 635. 
(4) Section 636(a). 
SEC. 506. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIRE-
MENT OR DISCHARGE. 
Section 638a of title 10, United States Code, is amended— 
(1) in subsection (b), by adding at the end the following 
new paragraph: 
‘‘(4) Convening selection boards under section 611(b) of 
this title to consider for early retirement or discharge regular 
officers on the active-duty list in a grade below lieutenant 
colonel or commander— 
‘‘(A) who have served at least one year of active duty 
in the grade currently held; and 
‘‘(B) whose names are not on a list of officers rec-
ommended for promotion.’’; 
(2) by redesignating subsection (e) as subsection (f); and 
(3) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e)(1) In the case of action under subsection (b)(4), the Sec-
retary of the military department concerned shall specify the total 
number of officers described in that subsection that a selection 
board convened under section 611(b) of this title pursuant to the 
authority of that subsection may recommend for early retirement 
or discharge. Officers who are eligible, or are within two years 
of becoming eligible, to be retired under any provision of law (other 
than by reason of eligibility pursuant to section 4403 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102– 
484)), if selected by the board, shall be retired or retained until 
10 USC 637 prec. 
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130 STAT. 2109 
PUBLIC LAW 114–328—DEC. 23, 2016 
becoming eligible to retire under section 3911, 6323, or 8911 of 
this title, and those officers who are otherwise ineligible to retire 
under any provision of law shall, if selected by the board, be 
discharged. 
‘‘(2) In the case of action under subsection (b)(4), the Secretary 
of the military department concerned may submit to a selection 
board convened pursuant to that subsection— 
‘‘(A) the names of all eligible officers described in that 
subsection, whether or not they are eligible to be retired under 
any provision of law, in a particular grade and competitive 
category; or 
‘‘(B) the names of all eligible officers described in that 
subsection in a particular grade and competitive category, 
whether or not they are eligible to be retired under any provi-
sion of law, who are also in particular year groups, specialties, 
or retirement categories, or any combination thereof, with that 
competitive category. 
‘‘(3) The number of officers specified under paragraph (1) may 
not be more than 30 percent of the number of officers considered. 
‘‘(4) An officer who is recommended for discharge by a selection 
board convened pursuant to the authority of subsection (b)(4) and 
whose discharge is approved by the Secretary concerned shall be 
discharged on a date specified by the Secretary concerned. 
‘‘(5) Selection of officers for discharge under this subsection 
shall be based on the needs of the service.’’. 
SEC. 507. MODIFICATION OF AUTHORITY TO DROP FROM ROLLS A 
COMMISSIONED OFFICER. 
Section 1161(b) of title 10, United States Code, is amended 
by inserting ‘‘or the Secretary of Defense, or in the case of a 
commissioned officer of the Coast Guard, the Secretary of the 
department in which the Coast Guard is operating when it is 
not operating in the Navy,’’ after ‘‘President’’. 
SEC. 
508. 
EXTENSION 
OF 
FORCE 
MANAGEMENT 
AUTHORITIES 
ALLOWING ENHANCED FLEXIBILITY FOR OFFICER PER-
SONNEL MANAGEMENT. 
(a) 
TEMPORARY
EARLY
RETIREMENT
AUTHORITY.—Section 
4403(i) of the National Defense Authorization Act for Fiscal Year 
1993 (10 U.S.C. 1293 note) is amended by striking ‘‘December 
31, 2018’’ and inserting ‘‘December 31, 2025’’. 
(b) CONTINUATION ON ACTIVE DUTY.—Section 638a(a)(2) of title 
10, United States Code, is amended by striking ‘‘December 31, 
2018’’ and inserting ‘‘December 31, 2025’’. 
(c) VOLUNTARY SEPARATION PAY.—Section 1175a(k)(1) of such 
title is amended by striking ‘‘December 31, 2018’’ and inserting 
‘‘December 31, 2025’’. 
(d) SERVICE-IN-GRADE WAIVERS.—Section 1370(a)(2)(F) of such 
title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’. 
SEC. 509. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSI-
TIONS. 
(a) PILOT PROGRAMS AUTHORIZED.—Each Secretary of a military 
department may carry out a pilot program to improve the ability 
of an Armed Force under the jurisdiction of the Secretary to recruit 
cyber professionals. 
(b) ELEMENTS.—Under a pilot program established under this 
section, an individual who meets educational, physical, and other 
10 USC 503 note. 
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130 STAT. 2110 
PUBLIC LAW 114–328—DEC. 23, 2016 
requirements determined appropriate by the Secretary of the mili-
tary department concerned may receive an original appointment 
as a commissioned officer in a cyber specialty. 
(c) CONSULTATION.—In developing a pilot program for the Army 
or the Air Force under this section, the Secretary of the Army 
and the Secretary of the Air Force may consult with the Secretary 
of the Navy with respect to an existing, similar program carried 
out by the Secretary of the Navy. 
(d) DURATION.— 
(1) COMMENCEMENT.—The Secretary of a military depart-
ment may commence a pilot program under this section on 
or after January 1, 2017. 
(2) TERMINATION.—All pilot programs under this section 
shall terminate no later than December 31, 2022. 
(e) STATUS REPORT.—Not later than January 1, 2020, each 
Secretary of a military department who conducts a pilot program 
under this section shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report con-
taining an evaluation of the success of the program in obtaining 
skilled cyber personnel for the Armed Forces. 
SEC. 510. LENGTH OF JOINT DUTY ASSIGNMENTS. 
(a) IN GENERAL.—Subsection (a) of section 664 of title 10, 
United States Code, is amended by striking ‘‘assignment—’’ and 
all that follows and inserting ‘‘assignment shall be not less than 
two years.’’. 
(b) REPEAL OF AUTHORITY FOR SHORTER LENGTH FOR OFFICERS 
INITIALLY ASSIGNED
TO CRITICAL OCCUPATIONAL SPECIALTIES.— 
Such section is further amended by striking subsection (c). 
(c) EXCLUSIONS FROM TOUR LENGTH.—Subsection (d) of such 
section is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘the 
standards prescribed in subsection (a)’’ and inserting ‘‘the 
requirement in subsection (a)’’; 
(2) in paragraph (1)(D), by striking ‘‘assignment—’’ and 
all that follows and inserting ‘‘assignment as prescribed by 
the Secretary of Defense in regulations.’’; 
(3) by striking paragraph (2); 
(4) by redesignating paragraph (3) as paragraph (2); and 
(5) in paragraph (2), as redesignated by paragraph (4) 
of this subsection, by striking ‘‘the applicable standard pre-
scribed in subsection (a)’’ and inserting ‘‘the requirement in 
subsection (a)’’. 
(d) REPEAL OF AVERAGE TOUR LENGTH REQUIREMENTS.—Such 
section is further amended by striking subsection (e). 
(e) FULL TOUR
OF DUTY.—Subsection (f) of such section is 
amended— 
(1) in paragraph (1), by striking ‘‘standards prescribed in 
subsection (a)’’ and inserting ‘‘the requirement in subsection 
(a)’’; 
(2) by striking paragraphs (2) and (4); 
(3) by redesignating paragraphs (3), (5), and (6) as para-
graphs (2), (3), and (4), respectively; and 
(4) in paragraph (4), as redesignated by paragraph (3) 
of this subsection, by striking ‘‘, but not less than two years’’. 
(f) CONSTRUCTIVE CREDIT.—Subsection (h) of such section is 
amended— 
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130 STAT. 2111 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) by striking ‘‘(1)’’; 
(2) by striking ‘‘accord’’ and inserting ‘‘award’’; and 
(3) by striking paragraph (2). 
(g) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(1) by redesignating subsections (d), (f), (g), and (h), as 
amended by this section, as subsections (c), (d), (e), and (f), 
respectively; 
(2) in paragraph (2) of subsection (c), as so redesignated 
and amended, by striking ‘‘subsection (f)(3)’’ and inserting ‘‘sub-
section (d)(2)’’. 
(3) paragraph (2) of subsection (d), as so redesignated and 
amended, by striking ‘‘subsection (g)’’ and inserting ‘‘subsection 
(e)’’; 
(4) in subsection (e), as so redesignated and amended, 
by striking ‘‘subsection (f)(3)’’ and inserting ‘‘subsection (d)(2)’’; 
and 
(5) in subsection (f), as so redesignated and amended, by 
striking ‘‘paragraphs (1), (2), and (4) of subsection (f)’’ and 
inserting ‘‘subsection (d)(1)’’. 
SEC. 510A. REVISION OF DEFINITIONS USED FOR JOINT OFFICER 
MANAGEMENT. 
(a) DEFINITION OF JOINT MATTERS.—Paragraph (1) of section 
668(a) of title 10, United States Code, is amended to read as 
follows: 
‘‘(1) In this chapter, the term ‘joint matters’ means matters 
related to any of the following: 
‘‘(A) The development or achievement of strategic objectives 
through the synchronization, coordination, and organization of 
integrated forces in operations conducted across domains, such 
as land, sea, or air, in space, or in the information environment, 
including matters relating to any of the following: 
‘‘(i) National military strategy. 
‘‘(ii) Strategic planning and contingency planning. 
‘‘(iii) Command and control, intelligence, fires, move-
ment and maneuver, protection or sustainment of oper-
ations under unified command. 
‘‘(iv) National security planning with other depart-
ments and agencies of the United States. 
‘‘(v) Combined operations with military forces of allied 
nations. 
‘‘(B) Acquisition matters conducted by members of the 
armed forces and covered under chapter 87 of this title involved 
in developing, testing, contracting, producing, or fielding of 
multi-service programs or systems. 
‘‘(C) Other matters designated in regulation by the Sec-
retary of Defense in consultation with the Chairman of the 
Joint Chiefs of Staff.’’. 
(b) DEFINITION OF INTEGRATED FORCES.—Section 668(a)(2) of 
title 10, United States Code, is amended in the matter preceding 
subparagraph (A)— 
(1) by striking ‘‘integrated military forces’’ and inserting 
‘‘integrated forces’’; and 
(2) by striking ‘‘the planning or execution (or both) of 
operations involving’’ and inserting ‘‘achieving unified action 
with’’. 
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130 STAT. 2112 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) DEFINITION OF JOINT DUTY ASSIGNMENT.—Section 668(b)(1) 
of title 10, United States Code, is amended by striking subparagraph 
(A) and inserting the following new subparagraph: 
‘‘(A) shall be limited to assignments in which— 
‘‘(i) the preponderance of the duties of the officer 
involve joint matters and 
‘‘(ii) the officer gains significant experience in joint 
matters; and’’. 
(d) REPEAL OF DEFINITION OF CRITICAL OCCUPATIONAL SPE-
CIALITY.—Section 668 of title 10, United States Code, is amended 
by striking subsection (d). 
Subtitle B—Reserve Component 
Management 
SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON 
TERM OF SERVICE OF VICE CHIEF OF THE NATIONAL 
GUARD BUREAU. 
Section 10505(a)(4) of title 10, United States Code, is amended 
by striking ‘‘paragraph (3)(B) for a limited period of time’’ and 
inserting ‘‘paragraph (3) for not more than 90 days’’. 
SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY 
TECHNICIANS. 
(a) IN GENERAL.—Section 709 of title 32, United States Code, 
is amended— 
(1) in subsection (f)— 
(A) in paragraph (4), by striking ‘‘; and’’ and inserting 
‘‘when the appeal concerns activity occurring while the 
member is in a military pay status, or concerns fitness 
for duty in the reserve components;’’; 
(B) by redesignating paragraph (5) as paragraph (6); 
and 
(C) by inserting after paragraph (4) the following new 
paragraph (5): 
‘‘(5) with respect to an appeal concerning any activity not 
covered by paragraph (4), the provisions of sections 7511, 7512, 
and 7513 of title 5, and section 717 of the Civil Rights Act 
of 1991 (42 U.S.C. 2000e–16) shall apply; and’’; and 
(2) in subsection (g), by striking ‘‘Sections’’ and inserting 
‘‘Except as provided in subsection (f), sections’’. 
(b) DEFINITIONS.—Section 709 of title 32, United States Code, 
is further amended by adding at the end the following new sub-
section: 
‘‘(j) In this section: 
‘‘(1) The term ‘military pay status’ means a period of service 
where the amount of pay payable to a technician for that 
service is based on rates of military pay provided for under 
title 37. 
‘‘(2) The term ‘fitness for duty in the reserve components’ 
refers only to military-unique service requirements that attend 
to military service generally, including service in the reserve 
components or service on active duty.’’. 
(c) CONFORMING
AMENDMENT.—Section 7511(b) of title 5, 
United States Code, is amended by striking paragraph (5). 
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130 STAT. 2113 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 513. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD 
TECHNICIANS PERFORMING ACTIVE GUARD AND RESERVE 
DUTY. 
Section 709(g) of title 32, United States Code, as amended 
by section 512(a)(2), is further amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) In addition to the sections referred to in paragraph (1), 
section 6323(a)(1) of title 5 also does not apply to a person employed 
under this section who is performing active Guard and Reserve 
duty (as that term is defined in section 101(d)(6) of title 10).’’. 
SEC. 514. EXTENSION OF REMOVAL OF RESTRICTIONS ON THE 
TRANSFER OF OFFICERS BETWEEN THE ACTIVE AND INAC-
TIVE NATIONAL GUARD. 
Section 512 of the National Defense Authorization Act for Fiscal 
Year 2014 (Public Law 113–66; 127 Stat. 752; 32 U.S.C. prec. 
301 note) is amended— 
(1) in subsection (a) in the matter preceding paragraph 
(1), by striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2019’’; and 
(2) in subsection (b) in the matter preceding paragraph 
(1), by striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2019’’. 
SEC. 515. EXTENSION OF TEMPORARY AUTHORITY TO USE AIR FORCE 
RESERVE 
COMPONENT 
PERSONNEL 
TO 
PROVIDE 
TRAINING 
AND 
INSTRUCTION 
REGARDING 
PILOT 
TRAINING. 
Section 514(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended 
by inserting ‘‘and fiscal year 2017’’ after ‘‘During fiscal year 2016’’. 
SEC. 516. EXPANSION OF ELIGIBILITY FOR DEPUTY COMMANDER OF 
COMBATANT COMMAND HAVING UNITED STATES AMONG 
GEOGRAPHIC AREA OF RESPONSIBILITY TO INCLUDE 
OFFICERS OF THE RESERVES. 
Section 164(e)(4) of title 10, United States Code, is amended— 
(1) by striking ‘‘the National Guard’’ and inserting ‘‘a 
reserve component of the armed forces’’; and 
(2) by striking ‘‘a National Guard officer’’ and inserting 
‘‘a reserve component officer’’. 
Subtitle C—General Service Authorities 
SEC. 521. MATTERS RELATING TO PROVISION OF LEAVE FOR MEMBERS 
OF THE ARMED FORCES, INCLUDING PROHIBITION ON 
LEAVE NOT EXPRESSLY AUTHORIZED BY LAW. 
(a) PRIMARY AND SECONDARY CAREGIVER LEAVE.—Section 701 
of title 10, United States Code, is amended— 
(1) by striking subsections (i) and (j); and 
(2) by inserting after subsection (h) the following new sub-
sections (i) and (j): 
‘‘(i)(1)(A) Under regulations prescribed by the Secretary of 
Defense, a member of the armed forces described in paragraph 
(2) who is the primary caregiver in the case of the birth of a 
child is allowed up to twelve weeks of total leave, including up 
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130 STAT. 2114 
PUBLIC LAW 114–328—DEC. 23, 2016 
to six weeks of medical convalescent leave, to be used in connection 
with such birth. 
‘‘(B) Under the regulations prescribed for purposes of this sub-
section, a member of the armed forces described in paragraph 
(2) who is the primary caregiver in the case of the adoption of 
a child is allowed up to six weeks of total leave to be used in 
connection with such adoption. 
‘‘(2) Paragraph (1) applies to the following members: 
‘‘(A) A member on active duty. 
‘‘(B) A member of a reserve component performing active 
Guard and Reserve duty. 
‘‘(C) A member of a reserve component subject to an active 
duty recall or mobilization order in excess of 12 months. 
‘‘(3) The Secretary shall prescribe in the regulations referred 
to in paragraph (1) a definition of the term ‘primary caregiver’ 
for purposes of this subsection. 
‘‘(4) Notwithstanding paragraph (1)(A), a member may receive 
more than six weeks of medical convalescent leave in connection 
with the birth of a child, but only if the additional medical convales-
cent leave— 
‘‘(A) is specifically recommended, in writing, by the medical 
provider of the member to address a diagnosed medical condi-
tion; and 
‘‘(B) is approved by the commander of the member. 
‘‘(5) Any leave taken by a member under this subsection, 
including leave under paragraphs (1) and (4), may be taken only 
in one increment in connection with such birth or adoption. 
‘‘(6)(A) Any leave authorized by this subsection that is not 
taken within one year of such birth or adoption shall be forfeited. 
‘‘(B) Any leave authorized by this subsection for a member 
of a reserve component on active duty that is not taken by the 
time the member is separated from active duty shall be forfeited 
at that time. 
‘‘(7) The period of active duty of a member of a reserve compo-
nent may not be extended in order to permit the member to take 
leave authorized by this subsection. 
‘‘(8) Under the regulations prescribed for purposes of this sub-
section, a member taking leave under paragraph (1) may, as a 
condition for taking such leave, be required— 
‘‘(A) to accept an extension of the member’s current service 
obligation, if any, by one week for every week of leave taken 
under paragraph (1); or 
‘‘(B) to incur a reduction in the member’s leave account 
by one week for every week of leave taken under paragraph 
(1). 
‘‘(9)(A) Leave authorized by this subsection is in addition to 
any other leave provided under other provisions of this section. 
‘‘(B) Medical convalescent leave under paragraph (4) is in addi-
tion to any other leave provided under other provisions of this 
subsection. 
‘‘(10)(A) Subject to subparagraph (B), a member taking leave 
under paragraph (1) during a period of obligated service shall 
not be eligible for terminal leave, or to sell back leave, at the 
end such period of obligated service. 
‘‘(B) Under the regulations for purposes of this subsection, 
the Secretary concerned may waive, whether in whole or in part, 
the applicability of subparagraph (A) to a member who reenlists 
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130 STAT. 2115 
PUBLIC LAW 114–328—DEC. 23, 2016 
at the end of the member’s period of obligated service described 
in that subparagraph if the Secretary determines that the waiver 
is in the interests of the armed force concerned. 
‘‘(j)(1) Under regulations prescribed by the Secretary of Defense, 
a member of the armed forces described in subsection (i)(2) who 
is the secondary caregiver in the case of the birth of a child or 
the adoption of a child is allowed up to 21 days of leave to be 
used in connection with such birth or adoption. 
‘‘(2) The Secretary shall prescribe in the regulations referred 
to in paragraph (1) a definition of the term ‘secondary caregiver’ 
for purposes of this subsection. 
‘‘(3) Any leave taken by a member under this subsection may 
be taken only in one increment in connection with such birth 
or adoption. 
‘‘(4) Under the regulations prescribed for purposes of this sub-
section, paragraphs (6) through (10) of subsection (i) (other than 
paragraph (9)(B) of such subsection) shall apply to leave, and the 
taking of leave, authorized by this subsection.’’. 
(b) PROHIBITION
ON LEAVE NOT EXPRESSLY AUTHORIZED
BY 
LAW.— 
(1) PROHIBITION.—Chapter 40 of title 10, United States 
Code, is amended by inserting after section 704 the following 
new section: 
‘‘§ 704a. Administration of leave: prohibition on authorizing, 
granting, or assigning leave not expressly author-
ized by law 
‘‘No member or category of members of the armed forces may 
be authorized, granted, or assigned leave, including uncharged 
leave, not expressly authorized by a provision of this chapter or 
another statute unless expressly authorized by an Act of Congress 
enacted after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2017.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 40 of title 10, United States Code, is 
amended by inserting after the item relating to section 704 
the following new item: 
‘‘704a. Administration of leave: prohibition on authorizing, granting, or assigning 
leave not expressly authorized by law.’’. 
SEC. 
522. 
TRANSFER 
OF 
PROVISION 
RELATING 
TO 
EXPENSES 
INCURRED IN CONNECTION WITH LEAVE CANCELED DUE 
TO CONTINGENCY OPERATIONS. 
(a) ENACTMENT
IN
TITLE
10, UNITED
STATES
CODE, OF 
AUTHORITY FOR REIMBURSEMENT OF EXPENSES.—Chapter 40 of title 
10, United States Code, is amended by inserting after section 709 
the following new section: 
‘‘§ 709a. Expenses incurred in connection with leave canceled 
due to contingency operations: reimbursement 
‘‘(a) AUTHORIZATION TO REIMBURSE.—The Secretary concerned 
may reimburse a member of the armed forces under the jurisdiction 
of the Secretary for travel and related expenses (to the extent 
not otherwise reimbursable under law) incurred by the member 
as a result of the cancellation of previously approved leave when— 
‘‘(1) the leave is canceled in connection with the member’s 
participation in a contingency operation; and 
10 USC 709a. 
10 USC 701 prec. 
10 USC 704a. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) the cancellation occurs within 48 hours of the time 
the leave would have commenced. 
‘‘(b) REGULATIONS.—The Secretary of Defense and, in the case 
of the Coast Guard when it is not operating as a service in the 
Navy, the Secretary of Homeland Security shall prescribe regula-
tions to establish the criteria for the applicability of subsection 
(a). 
‘‘(c) CONCLUSIVENESS OF SETTLEMENT.—The settlement of an 
application for reimbursement under subsection (a) is final and 
conclusive.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 40 of such title is amended by inserting after 
the item relating to section 709 the following new item: 
‘‘709a. Expenses incurred in connection with leave canceled due to contingency oper-
ations: reimbursement.’’. 
(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 453 of title 
37, United States Code, is amended by striking subsection (g). 
SEC. 523. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY 
INSTRUMENTS. 
(a) EXPANSION OF AUTHORITY TO EXECUTE MILITARY TESTA-
MENTARY INSTRUMENTS.—Section 1044d(c) of title 10, United States 
Code, is amended— 
(1) by striking paragraph (2) and inserting the following: 
‘‘(2) the execution of the instrument is notarized by— 
‘‘(A) a military legal assistance counsel; 
‘‘(B) a person who is authorized to act as a notary 
under section 1044a of this title who— 
‘‘(i) is not an attorney; and 
‘‘(ii) is supervised by a military legal assistance 
counsel; or 
‘‘(C) a State-licensed notary employed by a military 
department or the Coast Guard who is supervised by a 
military legal assistance counsel;’’; and 
(2) in paragraph (3), by striking ‘‘presiding attorney’’ and 
inserting ‘‘person notarizing the instrument in accordance with 
paragraph (2)’’. 
(b) EXPANSION
OF AUTHORITY TO NOTARIZE DOCUMENTS
TO 
CIVILIANS SERVING IN MILITARY LEGAL ASSISTANCE OFFICES.—Sec-
tion 1044a(b) of title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(6) All civilian paralegals serving at military legal assist-
ance offices, supervised by a military legal assistance counsel 
(as defined in section 1044d(g) of this title).’’. 
SEC. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARA-
TION FOR MEMBERS WITH POST-TRAUMATIC STRESS DIS-
ORDER OR TRAUMATIC BRAIN INJURY IN CONNECTION 
WITH SEXUAL ASSAULT. 
Section 1177(a)(1) of title 10, United States Code, is amended— 
(1) by inserting ‘‘, or sexually assaulted,’’ after ‘‘deployed 
overseas in support of a contingency operation’’; and 
(2) by inserting ‘‘or based on such sexual assault,’’ after 
‘‘while deployed,’’. 
10 USC 701 prec. 
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130 STAT. 2117 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY 
RETIRED LIST. 
(a) REDUCTION OF TENURE.—Section 1210 of title 10, United 
States Code, is amended— 
(1) in subsection (b), by striking ‘‘five years’’ and inserting 
‘‘three years’’; and 
(2) in subsection (h), by striking ‘‘five years’’ and inserting 
‘‘three years’’. 
(b) APPLICABILITY.—The amendments made by subsection (a) 
shall take effect on January 1, 2017, and shall apply to members 
of the Armed Forces whose names are placed on the temporary 
disability retired list on or after that date. 
SEC. 526. TECHNICAL CORRECTION TO VOLUNTARY SEPARATION PAY 
AND BENEFITS. 
Section 1175a(j) of title 10, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘or 12304’’ and inserting ‘‘12304, 
12304a, or 12304b’’; and 
(B) by striking ‘‘502(f)(1)’’ and inserting ‘‘502(f)(1)(A)’’; 
and 
(2) in paragraph (3), by striking ‘‘502(f)(2)’’ and inserting 
‘‘502(f)(1)(B)’’. 
SEC. 527. CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM 
ON CONSOLIDATED ARMY RECRUITING. 
(a) CONSOLIDATION
OF ARMY MARKETING.—Not later than 
October 1, 2017, the Secretary of the Army shall consolidate into 
a single organization within the Department of the Army all func-
tions relating to the marketing of the Army and each of the compo-
nents of the Army in order to assure unity of effort and cost 
effectiveness in the marketing of the Army and each of the compo-
nents of the Army. 
(b) PILOT PROGRAM
ON CONSOLIDATED ARMY RECRUITING.— 
(1) PILOT PROGRAM REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Army shall carry out a pilot program to consolidate 
the recruiting efforts of the Regular Army, Army Reserve, and 
Army National Guard under which a recruiter in one of the 
components participating in the pilot program may recruit 
individuals to enlist in any of the components regardless of 
the funding source of the recruiting activity. 
(2) CREDIT TOWARD ENLISTMENT GOALS.—Under the pilot 
program, a recruiter shall receive credit toward periodic enlist-
ment goals for each enlistment regardless of the component 
in which the individual enlists. 
(3) DURATION.—The Secretary shall carry out the pilot 
program for a period of not less than three years. 
(c) BRIEFING AND REPORTS.— 
(1) BRIEFING
ON
CONSOLIDATION
PLAN.—Not later than 
March 1, 2017, the Secretary of the Army shall provide to 
the Committees on Armed Services of the Senate and the 
House of Representatives a briefing on the Secretary’s plan 
to carry out the Army marketing consolidation required by 
subsection (a). 
(2) INTERIM REPORT ON PILOT PROGRAM.— 
10 USC 3013 
note. 
10 USC 1210 
note. 
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130 STAT. 2118 
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(A) IN GENERAL.—Not later than one year after the 
date on which the pilot program under subsection (b) com-
mences, the Secretary shall submit to the congressional 
committees specified in paragraph (1) a report on the pilot 
program. 
(B) ELEMENTS.—The report under subparagraph (A) 
shall include each of the following: 
(i) An analysis of the effects that consolidated 
recruiting efforts has on the overall ability of recruiters 
to attract and place qualified candidates. 
(ii) A determination of the extent to which consoli-
dating 
recruiting 
efforts 
affects 
efficiency 
and 
recruiting costs. 
(iii) An analysis of any challenges associated with 
a recruiter working to recruit individuals to enlist in 
a component in which the recruiter has not served. 
(iv) An analysis of the satisfaction of recruiters 
and the component recruiting commands with the pilot 
program. 
(3) FINAL REPORT ON PILOT PROGRAM.—Not later than 180 
days after the date on which the pilot program is completed, 
the Secretary shall submit to the congressional committees 
specified in paragraph (1) a final report on the pilot program. 
The final report shall include any recommendations of the 
Secretary with respect to extending or making permanent the 
pilot program and a description of any related legislative actions 
that the Secretary considers appropriate. 
Subtitle D—Member Whistleblower Protec-
tions and Correction of Military Records 
SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCE-
DURES. 
(a) ACTIONS TREATABLE AS PROHIBITED PERSONNEL ACTIONS.— 
Paragraph (2) of section 1034(b) of title 10, United States Code, 
is amended to read as follows: 
‘‘(2)(A) The actions considered for purposes of this section to 
be a personnel action prohibited by this subsection shall include 
any action prohibited by paragraph (1), including any of the fol-
lowing: 
‘‘(i) The threat to take any unfavorable action. 
‘‘(ii) The withholding, or threat to withhold, any favorable 
action. 
‘‘(iii) The making of, or threat to make, a significant change 
in the duties or responsibilities of a member of the armed 
forces not commensurate with the member’s grade. 
‘‘(iv) The failure of a superior to respond to any retaliatory 
action or harassment (of which the superior had actual knowl-
edge) taken by one or more subordinates against a member. 
‘‘(v) The conducting of a retaliatory investigation of a 
member. 
‘‘(B) In this paragraph, the term ‘retaliatory investigation’ 
means an investigation requested, directed, initiated, or conducted 
for the primary purpose of punishing, harassing, or ostracizing 
a member of the armed forces for making a protected communica-
tion. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) Nothing in this paragraph shall be construed to limit 
the ability of a commander to consult with a superior in the chain 
of command, an inspector general, or a judge advocate general 
on the disposition of a complaint against a member of the armed 
forces for an allegation of collateral misconduct or for a matter 
unrelated to a protected communication. Such consultation shall 
provide an affirmative defense against an allegation that a member 
requested, directed, initiated, or conducted a retaliatory investiga-
tion under this section.’’. 
(b) ACTION IN RESPONSE TO HARDSHIP IN CONNECTION WITH 
PERSONNEL ACTIONS.—Section 1034 of title 10, United States Code, 
is amended— 
(1) in subsection (c)(4)— 
(A) by redesignating subparagraph (E) as subpara-
graph (F); and 
(B) by inserting after subparagraph (D) the following 
new subparagraph (E): 
‘‘(E) If the Inspector General makes a preliminary determina-
tion in an investigation under subparagraph (D) that, more likely 
than not, a personnel action prohibited by subsection (b) has 
occurred and the personnel action will result in an immediate 
hardship to the member alleging the personnel action, the Inspector 
General shall promptly notify the Secretary of the military depart-
ment concerned or the Secretary of Homeland Security, as 
applicable, of the hardship, and such Secretary shall take such 
action as such Secretary considers appropriate.’’; and 
(2) in subsection (e)(1), by striking ‘‘subsection (c)(4)(E)’’ 
and inserting ‘‘subsection (c)(4)(F)’’. 
(c) PERIODIC NOTICE TO MEMBERS ON PROGRESS OF INSPECTOR 
GENERAL INVESTIGATIONS.—Paragraph (3) of section 1034(e) of title 
10, United States Code, is amended to read as follows: 
‘‘(3)(A) Not later than 180 days after the commencement of 
an investigation of an allegation under subsection (c)(4), and every 
180 days thereafter until the transmission of the report on the 
investigation under paragraph (1) to the member concerned, the 
Inspector General conducting the investigation shall submit a notice 
on the investigation described in subparagraph (B) to the following: 
‘‘(i) The member. 
‘‘(ii) The Secretary of Defense. 
‘‘(iii) The Secretary of the military department concerned, 
or the Secretary of Homeland Security in the case of a member 
of the Coast Guard when the Coast Guard is not operating 
as a service in the Navy. 
‘‘(B) Each notice on an investigation under subparagraph (A) 
shall include the following: 
‘‘(i) A description of the current progress of the investiga-
tion. 
‘‘(ii) An estimate of the time remaining until the completion 
of the investigation and the transmittal of the report required 
by paragraph (1) to the member concerned.’’. 
(d) CORRECTION OF RECORDS.—Paragraph (2) of section 1034(g) 
of title 10, United States Code, is amended to read as follows: 
‘‘(2) In resolving an application described in paragraph (1) 
for which there is a report of the Inspector General under subsection 
(e)(1), a correction board— 
‘‘(A) shall review the report of the Inspector General; 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) may request the Inspector General to gather further 
evidence; 
‘‘(C) may receive oral argument, examine and cross-examine 
witnesses, and take depositions; and 
‘‘(D) shall consider a request by a member or former 
member in determining whether to hold an evidentiary 
hearing.’’. 
(e) UNIFORM STANDARDS FOR INSPECTOR GENERAL INVESTIGA-
TIONS OF PROHIBITED PERSONNEL ACTIONS AND OTHER MATTERS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Inspector General of the 
Department of Defense shall prescribe uniform standards for 
the following: 
(A) The investigation of allegations of prohibited per-
sonnel actions under section 1034 of title 10, United States 
Code (as amended by this section), by the Inspector General 
and the Inspectors General of the military departments. 
(B) The training of the staffs of the Inspectors General 
referred to in subparagraph (A) on the conduct of investiga-
tions described in that subparagraph. 
(2) USE.—Commencing 180 days after prescription of the 
standards required by paragraph (1), the Inspectors General 
referred to in that paragraph shall comply with such standards 
in the conduct of investigations described in that paragraph 
and in the training of the staffs of such Inspectors General 
in the conduct of such investigations. 
SEC. 532. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORI-
TIES TO RESTRICT CONTRARY FINDINGS OF PROHIBITED 
PERSONNEL ACTION BY THE SECRETARY CONCERNED. 
(a) IN GENERAL.—Section 1034(f) of title 10, United States 
Code, is amended— 
(1) in the subsection heading, by striking ‘‘VIOLATIONS’’ 
and inserting ‘‘SUBSTANTIATED VIOLATIONS’’; and 
(2) in paragraph (1), by striking ‘‘there is sufficient basis’’ 
and all that follows and inserting ‘‘corrective or disciplinary 
action should be taken. If the Secretary concerned determines 
that corrective or disciplinary action should be taken, the Sec-
retary shall take appropriate corrective or disciplinary action.’’. 
(b) ACTIONS FOLLOWING DETERMINATIONS.—Paragraph (2) of 
such section is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by striking ‘‘the Secretary concerned determines 
under paragraph (1)’’ and inserting ‘‘the Inspector General 
determines’’; and 
(B) by striking ‘‘the Secretary shall’’ and inserting ‘‘the 
Secretary concerned shall’’; 
(2) in subparagraph (A), by inserting ‘‘, including referring 
the report to the appropriate board for the correction of military 
records’’ before the semicolon; and 
(3) by striking subparagraph (B) and inserting the following 
new subparagraph (B): 
‘‘(B) submit to the Inspector General a report on the actions 
taken by the Secretary pursuant to this paragraph, and provide 
for the inclusion of a summary of the report under this subpara-
graph (with any personally identifiable information redacted) 
in the semiannual report to Congress of the Inspector General 
10 USC 1034 
note. 
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130 STAT. 2121 
PUBLIC LAW 114–328—DEC. 23, 2016 
of the Department of Defense or the Inspector General of the 
Department of Homeland Security, as applicable, under section 
5 of the Inspector General Act of 1978 (5 U.S.C. App.).’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act, and 
shall apply with respect to reports received by the Secretaries 
of the military departments and the Secretary of Homeland Security 
under section 1034(e) of title 10, United States Code, on or after 
that date. 
SEC. 533. AVAILABILITY OF CERTAIN CORRECTION OF MILITARY 
RECORDS AND DISCHARGE REVIEW BOARD INFORMATION 
THROUGH THE INTERNET. 
(a) BOARD FOR THE CORRECTION OF MILITARY RECORDS.—Sec-
tion 1552 of title 10, United States Code, is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
‘‘(h) Each board established under this section shall make avail-
able to the public each calender quarter, on an Internet website 
of the military department concerned or the Department of Home-
land Security, as applicable, that is available to the public the 
following: 
‘‘(1) The number of claims considered by such board during 
the calendar quarter preceding the calender quarter in which 
such information is made available, including cases in which 
a mental health condition of the claimant, including post-trau-
matic stress disorder or traumatic brain injury, is alleged to 
have contributed, whether in whole or part, to the original 
characterization of the discharge or release of the claimant. 
‘‘(2) The number of claims submitted during the calendar 
quarter preceding the calender quarter in which such informa-
tion is made available that relate to service by a claimant 
during a war or contingency operation, catalogued by each 
war or contingency operation. 
‘‘(3) The number of military records corrected pursuant 
to the consideration described in paragraph (1) to upgrade 
the characterization of discharge or release of claimants.’’. 
(b) DISCHARGE REVIEW BOARD.—Section 1553 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
‘‘(f) Each board established under this section shall make avail-
able to the public each calender quarter, on an Internet website 
of the military department concerned or the Department of Home-
land Security, as applicable, that is available to the public the 
following: 
‘‘(1) The number of motions or requests for review consid-
ered by such board during the calendar quarter preceding the 
calender quarter in which such information is made available, 
including cases in which a mental health condition of the former 
member, including post-traumatic stress disorder or traumatic 
brain injury, is alleged to have contributed, whether in whole 
or part, to the original characterization of the discharge or 
dismissal of the former member. 
‘‘(2) The number of claims submitted during the calendar 
quarter preceding the calender quarter in which such informa-
tion is made available that relate to service by a claimant 
10 USC 1034 
note. 
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130 STAT. 2122 
PUBLIC LAW 114–328—DEC. 23, 2016 
during a war or contingency operation, catalogued by each 
war or contingency operation. 
‘‘(3) The number of discharges or dismissals corrected 
pursuant to the consideration described in paragraph (1) to 
upgrade the characterization of discharge or dismissal of former 
members.’’. 
SEC. 534. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR 
THE CORRECTION OF MILITARY RECORDS. 
(a) PROCEDURES OF BOARDS.—Paragraph (3) of section 1552(a) 
of title 10, United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new subparagraphs: 
‘‘(B) If a board makes a preliminary determination that a 
claim under this section lacks sufficient information or documents 
to support the claim, the board shall notify the claimant, in writing, 
indicating the specific information or documents necessary to make 
the claim complete and reviewable by the board. 
‘‘(C) If a claimant is unable to provide military personnel or 
medical records applicable to a claim under this section, the board 
shall make reasonable efforts to obtain the records. A claimant 
shall provide the board with documentary evidence of the efforts 
of the claimant to obtain such records. The board shall inform 
the claimant of the results of the board’s efforts, and shall provide 
the claimant copies of any records so obtained upon request of 
the claimant. 
‘‘(D) Any request for reconsideration of a determination of a 
board under this section, no matter when filed, shall be reconsidered 
by a board under this section if supported by materials not pre-
viously presented to or considered by the board in making such 
determination.’’. 
(b) PUBLICATION OF FINAL DECISIONS OF BOARDS.—Such section 
is further amended by adding at the end the following new para-
graph: 
‘‘(5) Each final decision of a board under this subsection shall 
be made available to the public in electronic form on a centralized 
Internet website. In any decision so made available to the public 
there shall be redacted all personally identifiable information.’’. 
(c) TRAINING OF MEMBERS OF BOARDS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, each Secretary concerned shall 
develop and implement a comprehensive training curriculum 
for members of boards for the correction of military records 
under the jurisdiction of such Secretary in the duties of such 
boards under section 1552 of title 10, United States Code. 
The curriculum shall address all areas of administrative law 
applicable to the duties of such boards. 
(2) UNIFORM CURRICULA.—The Secretary of Defense and 
the Secretary of Homeland Security shall jointly ensure that 
the curricula developed and implemented pursuant to this sub-
section are, to the extent practicable, uniform. 
(3) TRAINING.— 
(A) IN
GENERAL.—Each member of a board for the 
correction of military records shall undergo retraining (con-
sistent with the curriculum developed and implemented 
pursuant to this subsection) regarding the duties of boards 
for the correction of military records under section 1552 
10 USC 1552 
note. 
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130 STAT. 2123 
PUBLIC LAW 114–328—DEC. 23, 2016 
of title 10, United States Code, at least once every five 
years during the member’s tenure on the board. 
(B) CURRENT MEMBERS.—Each member of a board for 
the correction of military records as of the date of the 
implementation of the curriculum required by paragraph 
(1) (in this paragraph referred to as the ‘‘curriculum 
implementation date’’) shall undergo training described in 
subparagraph (A) not later than 90 days after the cur-
riculum implementation date. 
(C) NEW MEMBERS.—Each individual who becomes a 
member of a board for the correction of military records 
after the curriculum implementation date shall undergo 
training described in subparagraph (A) by not later than 
90 days after the date on which such individual becomes 
a member of the board. 
(4) REPORTS.—Not later than 18 months after the date 
of the enactment of this Act, each Secretary concerned shall 
submit to Congress a report setting forth the following: 
(A) A description and assessment of the progress made 
by such Secretary in implementing training requirements 
for members of boards for the correction of military records 
under the jurisdiction of such Secretary. 
(B) A detailed description of the training curriculum 
required of such Secretary by paragraph (1). 
(C) A description and assessment of any impediments 
to the implementation of training requirements for mem-
bers of boards for the correction of military records under 
the jurisdiction of such Secretary. 
(5) SECRETARY CONCERNED DEFINED.—In this subsection, 
the term ‘‘Secretary concerned’’ means a ‘‘Secretary concerned’’ 
as that term is used in section 1552 of title 10, United States 
Code. 
SEC. 535. TREATMENT BY DISCHARGE REVIEW BOARDS OF CLAIMS 
ASSERTING 
POST-TRAUMATIC 
STRESS 
DISORDER 
OR 
TRAUMATIC BRAIN INJURY IN CONNECTION WITH COMBAT 
OR SEXUAL TRAUMA AS A BASIS FOR REVIEW OF DIS-
CHARGE. 
Section 1553(d) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3)(A) In addition to the requirements of paragraphs (1) and 
(2), in the case of a former member described in subparagraph 
(B), the Board shall— 
‘‘(i) review medical evidence of the Secretary of Veterans 
Affairs or a civilian health care provider that is presented 
by the former member; and 
‘‘(ii) review the case with liberal consideration to the former 
member that post-traumatic stress disorder or traumatic brain 
injury potentially contributed to the circumstances resulting 
in the discharge of a lesser characterization. 
‘‘(B) A former member described in this subparagraph is a 
former member described in paragraph (1) or a former member 
whose application for relief is based in whole or in part on matters 
relating to post-traumatic stress disorder or traumatic brain injury 
as supporting rationale, or as justification for priority consideration, 
whose post-traumatic stress disorder or traumatic brain injury is 
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130 STAT. 2124 
PUBLIC LAW 114–328—DEC. 23, 2016 
related to combat or military sexual trauma, as determined by 
the Secretary concerned.’’. 
SEC. 536. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW 
OF INTEGRITY OF DEPARTMENT OF DEFENSE WHISTLE-
BLOWER PROGRAM. 
(a) REPORT REQUIRED.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report setting 
forth a review of the integrity of the Department of Defense whistle-
blower program. 
(b) ELEMENTS.—The review for purposes of the report required 
by subsection (a) shall include the following elements: 
(1) An assessment of the extent to which the Department 
of Defense whistleblower program meets executive branch poli-
cies and goals for whistleblower protections. 
(2) An assessment of the adequacy of procedures to handle 
and address complaints submitted by employees in the Office 
of the Inspector General of the Department of Defense to ensure 
that such employees themselves are able to disclose a suspected 
violation of law, rule, or regulation without fear of reprisal. 
(3) An assessment of the extent to which there have been 
violations of standards used in regard to the protection of 
confidentiality provided to whistleblowers by the Inspector Gen-
eral of the Department of Defense. 
(4) An assessment of the extent to which there have been 
incidents of retaliatory investigations against whistleblowers 
within the Office of the Inspector General. 
(5) An assessment of the extent to which the Inspector 
General of the Department of Defense has thoroughly inves-
tigated and substantiated allegations within the past 10 years 
against civilian officials of the Department of Defense appointed 
to their positions by and with the advice and consent of the 
Senate, and whether Congress has been notified of the results 
of such investigations. 
(6) An assessment of the ability of the Inspector General 
of the Department of Defense and the Inspectors General of 
the military departments to access agency information nec-
essary to the execution of their duties, including classified 
and other sensitive information, and an assessment of the 
adequacy of security procedures to safeguard such classified 
or sensitive information when so accessed. 
Subtitle E—Military Justice and Legal 
Assistance Matters 
SEC. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES. 
(a) CLARIFICATION OF AUTHORITY OF JUDGES OF THE COURT 
TO ADMINISTER OATHS
AND ACKNOWLEDGMENTS.—Subsection (c) 
of section 936 of title 10, United States Code (article 136 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘(c) Each judge and senior judge of the United States Court 
of Appeals for the Armed Forces shall have the powers relating 
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130 STAT. 2125 
PUBLIC LAW 114–328—DEC. 23, 2016 
to oaths, affirmations, and acknowledgments provided to justices 
and judges of the United States by section 459 of title 28.’’. 
(b) MODIFICATION
OF TERM
OF JUDGES
OF
THE COURT
TO 
RESTORE ROTATION OF JUDGES.— 
(1) EARLY
RETIREMENT
AUTHORIZED
FOR
ONE
CURRENT 
JUDGE.—If the judge of the United States Court of Appeals 
for the Armed Forces who is the junior in seniority of the 
two judges of the court whose terms of office under section 
942(b)(2) of title 10, United States Code (article 142(b)(2) of 
the Uniform Code of Military Justice), expire on July 31, 2021, 
chooses to retire one year early, that judge— 
(A) may retire from service on the court effective 
August 1, 2020; and 
(B) shall be treated, upon such retirement, for all pur-
poses as having completed a term of service for which 
the judge was appointed as a judge of the court. 
(2) 
STAGGERING
OF
FUTURE
APPOINTMENTS.—Section 
942(b)(2) of title 10, United States Code (article 142(b)(2) of 
the Uniform Code of Military Justice), is amended— 
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 
(B) by redesignating subparagraphs (A) and (B) as 
clauses (i) and (ii), respectively; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(B) If at the time of the appointment of a judge the date 
that is otherwise applicable under subparagraph (A) for the expira-
tion of the term of service of the judge is the same as the date 
for the expiration of the term of service of a judge already on 
the court, then the term of the judge being appointed shall expire 
on the first July 31 after such date on which no term of service 
of a judge already on the court will expire.’’. 
(3) APPLICATION OF AMENDMENTS.—The amendments made 
by paragraph (2) shall apply with respect to appointments 
to the United States Court of Appeals for the Armed Forces 
that are made on or after the date of the enactment of this 
Act. 
(c) REPEAL OF REQUIREMENT RELATING TO POLITICAL PARTY 
STATUS OF JUDGES OF THE COURT.—Section 942(b)(3) of title 10, 
United States Code (article 142(b)(3) of the Uniform Code of Military 
Justice), is amended by striking ‘‘Not more than three of the judges 
of the court may be appointed from the same political party, and 
no’’ and by inserting ‘‘No’’. 
(d) MODIFICATION OF DAILY RATE OF COMPENSATION FOR SENIOR 
JUDGES PERFORMING JUDICIAL DUTIES WITH THE COURT.—Section 
942(e)(2) of title 10, United States Code (article 142(e)(2) of the 
Uniform Code of Military Justice), is amended by striking ‘‘equal 
to’’ and all that follows and inserting ‘‘equal to the difference 
between— 
‘‘(A) the daily equivalent of the annual rate of pay provided 
for a judge of the court; and 
‘‘(B) the daily equivalent of the annuity of the judge under 
section 945 of this title (article 145), the applicable provisions 
of title 5, or any other retirement system for employees of 
the Federal Government under which the senior judge receives 
an annuity.’’. 
(e) REPEAL OF DUAL COMPENSATION PROVISION RELATING TO 
JUDGES OF THE COURT.—Section 945 of title 10, United States 
10 USC 942 note. 
10 USC 942 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Code (article 145 of the Uniform Code of Military Justice), is 
amended— 
(1) in subsection (d), by striking ‘‘subsection (g)(1)(B)’’ and 
inserting ‘‘subsection (f)(1)(B)’’; 
(2) by striking subsection (f); and 
(3) by redesignating subsections (g), (h), and (i) as sub-
sections (f), (g), and (h), respectively. 
SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MAR-
TIAL AND PILOT PROGRAMS ON PROFESSIONAL MILITARY 
JUSTICE DEVELOPMENT FOR JUDGE ADVOCATES. 
(a) PROGRAM
FOR EFFECTIVE PROSECUTION
AND DEFENSE.— 
The Secretary concerned shall carry out a program to ensure that— 
(1) trial counsel and defense counsel detailed to prosecute 
or defend a court-martial have sufficient experience and knowl-
edge to effectively prosecute or defend the case; and 
(2) a deliberate professional developmental process is in 
place to ensure effective prosecution and defense in all courts- 
martial. 
(b) MILITARY JUSTICE EXPERIENCE DESIGNATORS
OR SKILL 
IDENTIFIERS.—The Secretary concerned shall establish and use a 
system of military justice experience designators or skill identifiers 
for purposes of identifying judge advocates with skill and experience 
in military justice proceedings in order to ensure that judge advo-
cates with experience and skills identified through such experience 
designators or skill identifiers are assigned to develop less experi-
enced judge advocates in the prosecution and defense in courts- 
martial under a program carried out pursuant to subsection (a). 
(c) PILOT
PROGRAMS
ON
PROFESSIONAL
DEVELOPMENTAL 
PROCESS FOR JUDGE ADVOCATES.— 
(1) PURPOSE.—The Secretary concerned shall carry out a 
pilot program to assess the feasibility and advisability of estab-
lishing a deliberate professional developmental process for 
judge advocates under the jurisdiction of the Secretary that 
leads to judge advocates with military justice expertise serving 
as military justice practitioners capable of prosecuting and 
defending complex cases in military courts-martial. 
(2) ADDITIONAL MATTERS.—A pilot program may also assess 
such other matters related to professional military justice 
development for judge advocates as the Secretary concerned 
considers appropriate. 
(3) DURATION.—Each pilot program shall be for a period 
of five years. 
(4) REPORT.—Not later than four years after the date of 
the enactment of this Act, the Secretary concerned shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the pilot programs con-
ducted under this section. The report shall include the fol-
lowing: 
(A) A description and assessment of each pilot program. 
(B) Such recommendations as the Secretary considers 
appropriate in light of the pilot programs, including 
whether any pilot program should be extended or made 
permanent. 
(d) SECRETARY CONCERNED DEFINED.—In this section, the term 
‘‘Secretary concerned’’ has the meaning given that term in section 
101(a)(9) of title 10, United States Code. 
10 USC 827 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT 
PREVENTION AND RESPONSE EFFORTS OF THE ARMED 
FORCES OF INFORMATION ON COMPLAINTS OF RETALIA-
TION IN CONNECTION WITH REPORTS OF SEXUAL ASSAULT 
IN THE ARMED FORCES. 
Section 1631(b) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 
1561 note) is amended by adding at the end the following new 
paragraph: 
‘‘(12) Information on each claim of retaliation in connection 
with a report of sexual assault in the Armed Force made 
by or against a member of such Armed Force as follows: 
‘‘(A) A narrative description of each complaint. 
‘‘(B) The nature of such complaint, including whether 
the complainant claims professional or social retaliation. 
‘‘(C) The gender of the complainant. 
‘‘(D) The gender of the individual claimed to have 
committed the retaliation. 
‘‘(E) The nature of the relationship between the 
complainant and the individual claimed to have committed 
the retaliation. 
‘‘(F) The nature of the relationship, if any, between 
the individual alleged to have committed the sexual assault 
concerned and the individual claimed to have committed 
the retaliation. 
‘‘(G) The official or office that received the complaint. 
‘‘(H) The organization that investigated or is inves-
tigating the complaint. 
‘‘(I) The current status of the investigation. 
‘‘(J) If the investigation is complete, a description of 
the results of the investigation, including whether the 
results of the investigation were provided to the complain-
ant. 
‘‘(K) If the investigation determined that retaliation 
occurred, whether the retaliation was an offense under 
chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice).’’. 
SEC. 544. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT 
REGARDING SEXUAL ASSAULTS AND COORDINATION WITH 
RELEASE OF FAMILY ADVOCACY PROGRAM REPORT. 
Section 1631 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 
10 U.S.C. 1561 note) is amended— 
(1) in subsection (a), by striking ‘‘March 1, 2017’’ and 
inserting ‘‘March 1, 2021’’; and 
(2) by adding at the end the following new subsection: 
‘‘(g) COORDINATION
OF
RELEASE
DATE
BETWEEN
ANNUAL 
REPORTS REGARDING SEXUAL ASSAULTS
AND FAMILY ADVOCACY 
REPORT.—The Secretary of Defense shall ensure that the reports 
required under subsection (a) for a given year are delivered to 
the Committees on Armed Services of the Senate and House of 
Representatives simultaneously with the Family Advocacy Program 
report for that year regarding child abuse and domestic violence, 
as required by section 574 of the National Defense Authorization 
Act for Fiscal Year 2017.’’. 
10 USC 1561 
note. 
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130 STAT. 2128 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 545. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED 
FORCES TO PREVENT AND RESPOND TO RETALIATION IN 
CONNECTION WITH REPORTS OF SEXUAL ASSAULT IN THE 
ARMED FORCES. 
(a) METRICS REQUIRED.—The Sexual Assault Prevention and 
Response Office of the Department of Defense shall establish and 
issue to the military departments metrics to be used to evaluate 
the efforts of the Armed Forces to prevent and respond to retaliation 
in connection with reports of sexual assault in the Armed Forces. 
(b) BEST PRACTICES.—For purposes of enhancing and achieving 
uniformity in the efforts of the Armed Forces to prevent and respond 
to retaliation in connection with reports of sexual assault in the 
Armed Forces, the Sexual Assault Prevention and Response Office 
shall identify and issue to the military departments best practices 
to be used in the prevention of and response to retaliation in 
connection with such reports. 
SEC. 546. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO 
INVESTIGATE CLAIMS OF RETALIATION. 
(a) TRAINING
REGARDING
NATURE
AND
CONSEQUENCES
OF 
RETALIATION.—The Secretary of Defense shall ensure that the per-
sonnel of the Department of Defense specified in subsection (b) 
who investigate claims of retaliation receive training on the nature 
and consequences of retaliation, and, in cases involving reports 
of sexual assault, the nature and consequences of sexual assault 
trauma. The training shall include such elements as the Secretary 
shall specify for purposes of this section. 
(b) COVERED PERSONNEL.—The personnel of the Department 
of Defense covered by subsection (a) are the following: 
(1) Personnel of military criminal investigation services. 
(2) Personnel of Inspectors General offices. 
(3) Personnel of any command of the Armed Forces who 
are assignable by the commander of such command to inves-
tigate claims of retaliation made by or against members of 
such command. 
(c) RETALIATION DEFINED.—In this section, the term ‘‘retalia-
tion’’ has the meaning given the term by the Secretary of Defense 
in the strategy required by section 539 of the National Defense 
Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 818) or a subsequent meaning specified by the Secretary. 
SEC. 547. NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF 
INVESTIGATIONS INTO RETALIATION. 
(a) NOTIFICATION REQUIRED.— 
(1) MEMBERS OF THE ARMY, NAVY, AIR FORCE, AND MARINE 
CORPS.—Under regulations prescribed by the Secretary of 
Defense, upon the conclusion of an investigation by an office, 
element, or personnel of the Department of Defense or of the 
Armed Forces of a complaint by a member of the Armed Forces 
of retaliation, the member shall be informed in writing of 
the results of the investigation, including whether the complaint 
was substantiated, unsubstantiated, or dismissed. 
(2) MEMBERS OF COAST GUARD.—The Secretary of Homeland 
Security shall provide in a similar manner for notification in 
writing of the results of investigations by offices, elements, 
or personnel of the Department of Homeland Security or of 
the Coast Guard of complaints of retaliation made by members 
10 USC 1561 
note. 
10 USC 1561 
note. 
10 USC 1561 
note. 
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130 STAT. 2129 
PUBLIC LAW 114–328—DEC. 23, 2016 
of the Coast Guard when it is not operating as a service 
in the Navy. 
(b) RETALIATION DEFINED.—In this section, the term ‘‘retalia-
tion’’ has the meaning given the term by the Secretary of Defense 
in the strategy required by section 539 of the National Defense 
Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 818) or a subsequent meaning specified by the Secretary. 
SEC. 548. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT 
FOR PURPOSES OF INVESTIGATIONS BY COMMANDING 
OFFICERS OF COMPLAINTS OF HARASSMENT. 
(a) IN GENERAL.—Section 1561(e) of title 10, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘(constituting a form of sex discrimination)’’; and 
(B) in subparagraph (B), by striking ‘‘the work environ-
ment’’ and inserting ‘‘the environment’’; and 
(2) in paragraph (3), by striking ‘‘in the workplace’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date of the enactment of this Act, 
and shall apply with respect to complaints described in section 
1561 of title 10, United States Code, that are first received by 
a commanding officer or officer in charge on or after that date. 
SEC. 549. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND 
RESPONSE TO HAZING IN THE ARMED FORCES. 
(a) ANTI-HAZING DATABASE.—The Secretary of Defense shall 
provide for the establishment and use of a comprehensive and 
consistent data-collection system for the collection of reports, 
including anonymous reports, of incidents of hazing involving a 
member of the Armed Forces. The Secretary shall issue department- 
wide guidance regarding the availability and use of the database, 
including information on protected classes, such as race and reli-
gion, who are often the victims of hazing. 
(b) IMPROVED TRAINING.—Each Secretary of a military depart-
ment, in consultation with the Chief of Staff of each Armed Force 
under the jurisdiction of such Secretary, shall seek to improve 
training to assist members of the Armed Forces better recognize, 
prevent, and respond to hazing at all command levels. 
(c) ANNUAL REPORTS ON HAZING.— 
(1) REPORT REQUIRED.—Not later than January 31 of each 
year through January 31, 2021, each Secretary of a military 
department, in consultation with the Chief of Staff of each 
Armed Force under the jurisdiction of such Secretary, shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report containing a descrip-
tion of efforts during the previous year— 
(A) to prevent and to respond to incidents of hazing 
involving members of the Armed Forces; 
(B) to track and encourage reporting, including 
reporting anonymously, incidents of hazing in the Armed 
Force; and 
(C) to ensure the consistent implementation of anti- 
hazing policies. 
(2) ADDITIONAL ELEMENTS.—Each report required by this 
subsection also shall address the same elements originally 
addressed in the anti-hazing reports required by section 534 
10 USC 113 note. 
10 USC 1561 
note. 
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130 STAT. 2130 
PUBLIC LAW 114–328—DEC. 23, 2016 
of the National Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1726). 
Subtitle F—National Commission on 
Military, National, and Public Service 
SEC. 551. PURPOSE, SCOPE, AND DEFINITIONS. 
(a) PURPOSE.—The purpose of this subtitle is to establish the 
National Commission on Military, National, and Public Service 
to— 
(1) conduct a review of the military selective service process 
(commonly referred to as ‘‘the draft’’); and 
(2) consider methods to increase participation in military, 
national, and public service in order to address national security 
and other public service needs of the Nation. 
(b) SCOPE OF REVIEW.—In order to provide the fullest under-
standing of the matters required under the review under subsection 
(a), the Commission shall consider— 
(1) the need for a military selective service process, 
including the continuing need for a mechanism to draft large 
numbers of replacement combat troops; 
(2) means by which to foster a greater attitude and ethos 
of service among United States youth, including an increased 
propensity for military service; 
(3) the feasibility and advisability of modifying the military 
selective service process in order to obtain for military, national, 
and public service individuals with skills (such as medical, 
dental, and nursing skills, language skills, cyber skills, and 
science, technology, engineering, and mathematics (STEM) 
skills) for which the Nation has a critical need, without regard 
to age or sex; and 
(4) the feasibility and advisability of including in the mili-
tary selective service process, as so modified, an eligibility 
or entitlement for the receipt of one or more Federal benefits 
(such as educational benefits, subsidized or secured student 
loans, grants or hiring preferences) specified by the Commission 
for purposes of the review. 
(c) DEFINITIONS.—In this subtitle: 
(1) The term ‘‘military service’’ means active service (as 
that term is defined in subsection (d)(3) of section 101 of title 
10, United States Code) in one of the uniformed services (as 
that term is defined in subsection (a)(5) of such section). 
(2) The term ‘‘national service’’ means civilian employment 
in Federal or State Government in a field in which the Nation 
and the public have critical needs. 
(3) The term ‘‘public service’’ means civilian employment 
in any non-governmental capacity, including with private for- 
profit organizations and non-profit organizations (including 
with appropriate faith-based organizations), that pursues and 
enhances the common good and meets the needs of commu-
nities, the States, or the Nation in sectors related to security, 
health, care for the elderly, and other areas considered appro-
priate by the Commission for purposes of this subtitle. 
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130 STAT. 2131 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REG-
ISTRATION SYSTEM UNDER MILITARY SELECTIVE SERVICE 
ACT. 
(a) REPORT REQUIRED.—To assist the Commission in carrying 
out its duties under this subtitle, the Secretary of Defense shall— 
(1) submit, not later than July 1, 2017, to the Committees 
on Armed Services of the Senate and the House of Representa-
tives and to the Commission a report on the current and future 
need for a centralized registration system under the Military 
Selective Service Act (50 U.S.C. 3801 et seq.); and 
(2) provide a briefing on the results of the report. 
(b) ELEMENTS OF REPORT.—The report required by subsection 
(a) shall include the following: 
(1) A detailed analysis of the current benefits derived, 
both directly and indirectly, from the Military Selective Service 
System, including— 
(A) the extent to which mandatory registration benefits 
military recruiting; 
(B) the extent to which a national registration capa-
bility serves as a deterrent to potential enemies of the 
United States; and 
(C) the extent to which expanding registration to 
include women would impact these benefits. 
(2) An analysis of the functions currently performed by 
the Selective Service System that would be assumed by the 
Department of Defense in the absence of a national registration 
capability. 
(3) An analysis of the systems, manpower, and facilities 
that would be needed by the Department to physically mobilize 
inductees in the absence of the Selective Service System. 
(4) An analysis of the feasibility and utility of eliminating 
the current focus on mass mobilization of primarily combat 
troops in favor of a system that focuses on mobilization of 
all military occupational specialties, and the extent to which 
such a change would impact the need for both male and female 
inductees. 
(5) A detailed analysis of the Department’s personnel needs 
in the event of an emergency requiring mass mobilization, 
including— 
(A) a detailed timeline, along with the factors consid-
ered in arriving at this timeline, of when the Department 
would require— 
(i) the first inductees to report for service; 
(ii) the first 100,000 inductees to report for service; 
and 
(iii) the first medical personnel to report for 
service; and 
(B) an analysis of any additional critical skills that 
would be needed in the event of a national emergency, 
and a timeline for when the Department would require 
the first inductees to report for service. 
(6) A list of the assumptions used by the Department 
when conducting its analysis in preparing the report. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than December 
1, 2017, the Comptroller General of the United States shall submit 
to the Committees on Armed Services of the Senate and the House 
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130 STAT. 2132 
PUBLIC LAW 114–328—DEC. 23, 2016 
of Representatives and to the Commission a review of the proce-
dures used by the Department of Defense in evaluating selective 
service requirements. 
SEC. 553. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND 
PUBLIC SERVICE. 
(a) ESTABLISHMENT.—There is established in the executive 
branch an independent commission to be known as the National 
Commission on Military, National, and Public Service (in this sub-
title referred to as the ‘‘Commission’’). The Commission shall be 
considered an independent establishment of the Federal Govern-
ment as defined by section 104 of title 5, United States Code, 
and a temporary organization under section 3161 of such title. 
(b) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Commission shall be 
composed of 11 members appointed as follows: 
(A) The President shall appoint three members. 
(B) The Majority Leader of the Senate shall appoint 
one member. 
(C) The Minority Leader of the Senate shall appoint 
one member. 
(D) The Speaker of the House of Representatives shall 
appoint one member. 
(E) The Minority Leader of the House of Representa-
tives shall appoint one member. 
(F) The Chairman of the Committee on Armed Services 
of the Senate shall appoint one member. 
(G) The ranking minority member of the Committee 
on Armed Services of the Senate shall appoint one member. 
(H) The Chairman of the Committee on Armed Services 
of the House of Representatives shall appoint one member. 
(I) The ranking minority member of the Committee 
on Armed Services of the House of Representatives shall 
appoint one member. 
(2) DEADLINE
FOR
APPOINTMENT.—Members shall be 
appointed to the Commission under paragraph (1) not later 
than 90 days after the Commission establishment date. 
(3) EFFECT
OF
LACK
OF
APPOINTMENT
BY
APPOINTMENT 
DATE.—If one or more appointments under subparagraph (A) 
of paragraph (1) is not made by the appointment date specified 
in paragraph (2), the authority to make such appointment 
or appointments shall expire, and the number of members 
of the Commission shall be reduced by the number equal to 
the number of appointments so not made. If an appointment 
under subparagraph (B), (C), (D), (E), (F), (G), (H), or (I) of 
paragraph (1) is not made by the appointment date specified 
in paragraph (2), the authority to make an appointment under 
such subparagraph shall expire, and the number of members 
of the Commission shall be reduced by the number equal to 
the number otherwise appointable under such subparagraph. 
(c) CHAIR
AND VICE CHAIR.—The Commission shall elect a 
Chair and Vice Chair from among its members. 
(d) TERMS.—Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall not affect its 
powers, and shall be filled in the same manner as the original 
appointment was made. 
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130 STAT. 2133 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) STATUS
AS FEDERAL EMPLOYEES.—Notwithstanding the 
requirements of section 2105 of title 5, United States Code, 
including the required supervision under subsection (a)(3) of such 
section, the members of the Commission shall be deemed to be 
Federal employees. 
(f) PAY FOR MEMBERS OF THE COMMISSION.— 
(1) IN GENERAL.—Each member, other than the Chair, of 
the Commission shall be paid at a rate equal to the daily 
equivalent of the annual rate of basic pay payable for level 
IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) during 
which the member is engaged in the actual performance of 
duties vested in the Commission. 
(2) CHAIR.—The Chair of the Commission shall be paid 
at a rate equal to the daily equivalent of the annual rate 
of basic pay payable for level III of the Executive Schedule 
under section 5314, of title 5, United States Code, for each 
day (including travel time) during which the member is engaged 
in the actual performance of duties vested in the Commission. 
(g) USE OF GOVERNMENT INFORMATION.—The Commission may 
secure directly from any department or agency of the Federal 
Government such information as the Commission considers nec-
essary to carry out its duties. Upon such request of the chair 
of the Commission, the head of such department or agency shall 
furnish such information to the Commission. 
(h) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States. 
(i) AUTHORITY TO ACCEPT GIFTS.—The Commission may accept, 
use, and dispose of gifts or donations of services, goods, and property 
from non-Federal entities for the purposes of aiding and facilitating 
the work of the Commission. The authority in this subsection does 
not extend to gifts of money. 
(j) PERSONAL SERVICES.— 
(1) AUTHORITY TO PROCURE.—The Commission may— 
(A) procure the services of experts or consultants (or 
of organizations of experts or consultants) in accordance 
with the provisions of section 3109 of title 5, United States 
Code; and 
(B) pay in connection with such services travel 
expenses of individuals, including transportation and per 
diem in lieu of subsistence, while such individuals are 
traveling from their homes or places of business to duty 
stations. 
(2) LIMITATION.—The total number of experts or consult-
ants procured pursuant to paragraph (1) may not exceed five 
experts or consultants. 
(3) MAXIMUM DAILY PAY RATES.—The daily rate paid an 
expert or consultant procured pursuant to paragraph (1) may 
not exceed the daily rate paid a person occupying a position 
at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(k) FUNDING.—Of the amounts authorized to be appropriated 
by this Act for fiscal year 2017 for the Department of Defense, 
up to $15,000,000 shall be made available to the Commission to 
carry out its duties under this subtitle. Funds made available 
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130 STAT. 2134 
PUBLIC LAW 114–328—DEC. 23, 2016 
to the Commission under the preceding sentence shall remain avail-
able until expended. 
SEC. 554. COMMISSION HEARINGS AND MEETINGS. 
(a) IN GENERAL.—The Commission shall conduct hearings on 
the recommendations it is taking under consideration. Any such 
hearing, except a hearing in which classified information is to 
be considered, shall be open to the public. Any hearing open to 
the public shall be announced on a Federal website at least 14 
days in advance. For all hearings open to the public, the Commission 
shall release an agenda and a listing of materials relevant to 
the topics to be discussed. The Commission is authorized and 
encouraged to hold hearings and meetings in various locations 
throughout the country to provide maximum opportunity for public 
comment and participation in the Commission’s execution of its 
duties. 
(b) MEETINGS.— 
(1) INITIAL MEETING.—The Commission shall hold its initial 
meeting not later than 30 days after the date as of which 
all members have been appointed. 
(2) SUBSEQUENT MEETINGS.—After its initial meeting, the 
Commission shall meet upon the call of the chair or a majority 
of its members. 
(3) PUBLIC MEETINGS.—Each meeting of the Commission 
shall be held in public unless any member objects or classified 
information is to be considered. 
(c) QUORUM.—Six members of the Commission shall constitute 
a quorum, but a lesser number may hold hearings or meetings. 
(d) PUBLIC COMMENTS.— 
(1) SOLICITATION.—The Commission shall seek written com-
ments from the general public and interested parties on matters 
of the Commission’s review under this subtitle. Comments shall 
be requested through a solicitation in the Federal Register 
and announcement on the Internet website of the Commission. 
(2) PERIOD FOR SUBMITTAL.—The period for the submittal 
of comments pursuant to the solicitation under paragraph (1) 
shall end not earlier than 30 days after the date of the solicita-
tion and shall end on or before the date on which recommenda-
tions are transmitted to the Commission under section 555(d). 
(3) USE BY COMMISSION.—The Commission shall consider 
the comments submitted under this subsection when developing 
its recommendations. 
(e) SPACE FOR USE OF COMMISSION.—Not later than 90 days 
after the date of the enactment of this Act, the Administrator 
of General Services, in consultation with the Secretary, shall iden-
tify and make available suitable excess space within the Federal 
space inventory to house the operations of the Commission. If 
the Administrator is not able to make such suitable excess space 
available within such 90-day period, the Commission may lease 
space to the extent the funds are available. 
(f) CONTRACTING AUTHORITY.—The Commission may acquire 
administrative supplies and equipment for Commission use to the 
extent funds are available. 
SEC. 555. PRINCIPLES AND PROCEDURE FOR COMMISSION REC-
OMMENDATIONS. 
(a) CONTEXT OF COMMISSION REVIEW.—The Commission shall— 
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130 STAT. 2135 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) conduct a review of the military selective service 
process; and 
(2) consider methods to increase participation in military, 
national, and public service opportunities to address national 
security and other public service needs of the Nation. 
(b) DEVELOPMENT
OF COMMISSION RECOMMENDATIONS.—The 
Commission shall develop recommendations on the matters subject 
to its review under subsection (a) that are consistent with the 
principles established by the President under subsection (c). 
(c) PRESIDENTIAL PRINCIPLES.— 
(1) IN GENERAL.—Not later than three months after the 
Commission establishment date, the President shall establish 
and transmit to the Commission and Congress principles for 
reform of the military selective service process, including means 
by which to best acquire for the Nation skills necessary to 
meet the military, national, and public service requirements 
of the Nation in connection with that process. 
(2) ELEMENTS.—The principles required under this sub-
section shall address the following: 
(A) Whether, in light of the current and predicted 
global security environment and the changing nature of 
warfare, there continues to be a continuous or potential 
need for a military selective service process designed to 
produce large numbers of combat members of the Armed 
Forces, and if so, whether such a system should include 
mandatory registration by all citizens and residents, 
regardless of sex. 
(B) The need, and how best to meet the need, of the 
Nation, the military, the Federal civilian sector, and the 
private sector (including the non-profit sector) for individ-
uals possessing critical skills and abilities, and how best 
to employ individuals possessing those skills and abilities 
for military, national, or public service. 
(C) How to foster within the Nation, particularly among 
United States youth, an increased sense of service and 
civic responsibility in order to enhance the acquisition by 
the Nation of critically needed skills through education 
and training, and how best to acquire those skills for mili-
tary, national, or public service. 
(D) How to increase a propensity among United States 
youth for service in the military, or alternatively in national 
or public service, including how to increase the pool of 
qualified applicants for military service. 
(E) The need in Government, including the military, 
and in the civilian sector to increase interest, education, 
and employment in certain critical fields, including science, 
technology, 
engineering, 
and 
mathematics 
(STEM), 
national security, cyber, linguistics and foreign language, 
education, health care, and the medical professions. 
(F) How military, national, and public service may 
be incentivized, including through educational benefits, 
grants, federally-insured loans, Federal or State hiring 
preferences, or other mechanisms that the President con-
siders appropriate. 
(G) Any other matters the President considers appro-
priate for purposes of this subtitle. 
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130 STAT. 2136 
PUBLIC LAW 114–328—DEC. 23, 2016 
(d) CABINET RECOMMENDATIONS.—Not later than seven months 
after the Commission establishment date, the Secretary of Defense, 
the Attorney General, the Secretary of Homeland Security, the 
Secretary of Labor, and such other Government officials, and such 
experts, as the President shall designate for purposes of this sub-
section shall jointly transmit to the Commission and Congress 
recommendations for the reform of the military selective service 
process and military, national, and public service in connection 
with that process. 
(e) COMMISSION REPORT AND RECOMMENDATIONS.— 
(1) REPORT.—Not later than 30 months after the Commis-
sion establishment date, the Commission shall transmit to the 
President and Congress a report containing the findings and 
conclusions of the Commission, together with the recommenda-
tions of the Commission regarding the matters reviewed by 
the Commission pursuant to this subtitle. The Commission 
shall include in the report legislative language and rec-
ommendations for administrative action to implement the rec-
ommendations of the Commission. The findings and conclusions 
in the report shall be based on the review and analysis by 
the Commission of the recommendations made under subsection 
(d). 
(2) REQUIREMENT FOR APPROVAL.—The recommendations 
of the Commission must be approved by at least five members 
of the Commission before the recommendations may be trans-
mitted to the President and Congress under paragraph (1). 
(3) PUBLIC AVAILABILITY.—The Commission shall publish 
a copy of the report required by paragraph (1) on an Internet 
website available to the public on the same date on which 
it transmits that report to the President and Congress under 
that paragraph. 
(f) JUDICIAL REVIEW PRECLUDED.—Actions under this section 
of the President, the officials specified or designated under sub-
section (d), and the Commission shall not be subject to judicial 
review. 
SEC. 556. EXECUTIVE DIRECTOR AND STAFF. 
(a) EXECUTIVE DIRECTOR.—The Commission shall appoint and 
fix the rate of basic pay for an Executive Director in accordance 
with section 3161 of title 5, United States Code. 
(b) STAFF.—Subject to subsections (c) and (d), the Executive 
Director, with the approval of the Commission, may appoint and 
fix the rate of basic pay for additional personnel as staff of the 
Commission in accordance with section 3161 of title 5, United 
States Code. 
(c) LIMITATIONS ON STAFF.— 
(1) NUMBER
OF
DETAILEES
FROM
EXECUTIVE
DEPART-
MENTS.—Not more than one-third of the personnel employed 
by or detailed to the Commission may be on detail from the 
Department of Defense and other executive branch depart-
ments. 
(2) PRIOR DUTIES WITHIN EXECUTIVE BRANCH.—A person 
may not be detailed from the Department of Defense or other 
executive branch department to the Commission if, in the year 
before the detail is to begin, that person participated personally 
and substantially in any matter concerning the preparation 
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130 STAT. 2137 
PUBLIC LAW 114–328—DEC. 23, 2016 
of recommendations for the military selective service process 
and military and public service in connection with that process. 
(d) LIMITATIONS ON PERFORMANCE REVIEWS.—No member of 
the uniformed services, and no officer or employee of the Depart-
ment of Defense or other executive branch department (other than 
a member of the uniformed services or officer or employee who 
is detailed to the Commission), may— 
(1) prepare any report concerning the effectiveness, fitness, 
or efficiency of the performance of the staff of the Commission 
or any person detailed to that staff; 
(2) review the preparation of such a report (other than 
for administrative accuracy); or 
(3) approve or disapprove such a report. 
SEC. 557. TERMINATION OF COMMISSION. 
Except as otherwise provided in this subtitle, the Commission 
shall terminate not later than 36 months after the Commission 
establishment date. 
Subtitle G—Member Education, Training, 
Resilience, and Transition 
SEC. 561. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE 
ARMED FORCES IN OBTAINING PROFESSIONAL CREDEN-
TIALS. 
(a) SCOPE OF PROGRAM.—Section 2015(a)(1) of title 10, United 
States Code, is amended by striking ‘‘incident to the performance 
of their military duties’’. 
(b) QUALITY ASSURANCE
OF CERTIFICATION PROGRAMS
AND 
STANDARDS.—Section 2015(c) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘is accredited by an accredi-
tation body that’’ and all that follows and inserting ‘‘meets 
one of the requirements specified in paragraph (2).’’; and 
(2) by striking paragraph (2) and inserting the following 
new paragraph (2): 
‘‘(2) The requirements for a credentialing program specified 
in this paragraph are that the credentialing program— 
‘‘(A) is accredited by a nationally-recognized, third- 
party personnel certification program accreditor; 
‘‘(B)(i) is sought or accepted by employers within the 
industry or sector involved as a recognized, preferred, or 
required credential for recruitment, screening, hiring, 
retention, or advancement purposes; and 
‘‘(ii) where appropriate, is endorsed by a nationally- 
recognized trade association or organization representing 
a significant part of the industry or sector; 
‘‘(C) grants licenses that are recognized by the Federal 
Government or a State government; or 
‘‘(D) meets credential standards of a Federal agency.’’. 
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130 STAT. 2138 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 562. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, OPIOID, AND 
OTHER SUBSTANCE ABUSE COUNSELING AS PART OF 
REQUIRED PRESEPARATION COUNSELING. 
Section 1142(b)(11) of title 10, United States Code, is amended 
by inserting before the period the following: ‘‘and information con-
cerning the availability of treatment options and resources to 
address substance abuse, including alcohol, prescription drug, and 
opioid abuse’’. 
SEC. 563. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE 
PROGRAM REGARDING EFFECT OF RECEIPT OF BOTH VET-
ERAN DISABILITY COMPENSATION AND VOLUNTARY SEPA-
RATION PAY. 
Section 1144(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(10) Provide information regarding the required deduction, 
pursuant to subsection (h) of section 1175a of this title, from 
disability compensation paid by the Secretary of Veterans 
Affairs of amounts equal to any voluntary separation pay 
received by the member under such section.’’. 
SEC. 564. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON 
CAREER AND EMPLOYMENT OPPORTUNITIES ASSOCIATED 
WITH TRANSPORTATION SECURITY CARDS. 
(a) IN GENERAL.—Section 1144(b) of title 10, United States 
Code, as amended by section 563, is further amended by adding 
at the end the following new paragraph: 
‘‘(11) Acting through the Secretary of the department in 
which the Coast Guard is operating, provide information on 
career and employment opportunities available to members 
with transportation security cards issued under section 70105 
of title 46.’’. 
(b) DEADLINE FOR IMPLEMENTATION.—The program carried out 
under section 1144 of title 10, United States Code, shall satisfy 
the requirements of subsection (b)(11) of such section (as added 
by subsection (a) of this section) by not later than 180 days after 
the date of the enactment of this Act. 
SEC. 565. EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PRO-
GRAM. 
Section 10219(g) of title 10, United States Code, is amended 
by striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 2018’’. 
SEC. 566. CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINT-
MENTS TO SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a) of title 
10, United States Code, is amended in the matter after paragraph 
(10) by adding at the end the following new sentence: ‘‘When a 
nominee of a Senator, Representative, or Delegate is selected for 
appointment as a cadet, the Senator, Representative, or Delegate 
shall be notified at least 48 hours before the official notification 
or announcement of the appointment is made.’’. 
(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a) of title 
10, United States Code, is amended in the matter after paragraph 
(10) by adding at the end the following new sentence: ‘‘When a 
nominee of a Senator, Representative, or Delegate is selected for 
appointment as a midshipman, the Senator, Representative, or 
10 USC 1144 
note. 
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130 STAT. 2139 
PUBLIC LAW 114–328—DEC. 23, 2016 
Delegate shall be notified at least 48 hours before the official 
notification or announcement of the appointment is made.’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a) of 
title 10, United States Code, is amended in the matter after para-
graph (10) by adding at the end the following new sentence: ‘‘When 
a nominee of a Senator, Representative, or Delegate is selected 
for appointment as a cadet, the Senator, Representative, or Delegate 
shall be notified at least 48 hours before the official notification 
or announcement of the appointment is made.’’. 
(d) UNITED STATES MERCHANT MARINE ACADEMY.—Section 
51302 of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘(e) CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINT-
MENTS.—When a nominee of a Senator, Representative, or Delegate 
is selected for appointment as a cadet, the Senator, Representative, 
or Delegate shall be notified at least 48 hours before the official 
notification or announcement of the appointment is made.’’. 
(e) APPLICATION OF AMENDMENTS.—The amendments made by 
this section shall apply with respect to the appointment of cadets 
and midshipmen to the United States Military Academy, the United 
States Naval Academy, the United States Air Force Academy, and 
the United States Merchant Marine Academy for classes entering 
these service academies after January 1, 2018. 
SEC. 567. REPORT AND GUIDANCE ON JOB TRAINING, EMPLOYMENT 
SKILLS TRAINING, APPRENTICESHIPS, AND INTERNSHIPS 
AND SKILLBRIDGE INITIATIVES FOR MEMBERS OF THE 
ARMED FORCES WHO ARE BEING SEPARATED. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Under Secretary of Defense for 
Personnel and Readiness shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives, and make 
available to the public, a report evaluating the success of the 
Job Training, Employment Skills Training, Apprenticeships, and 
Internships (known as JTEST–AI) and SkillBridge initiatives, under 
which civilian businesses and companies make available to members 
of the Armed Forces who are being separated from the Armed 
Forces training or internship opportunities that offer a high prob-
ability of employment for the members after their separation. 
(b) ELEMENTS.—In preparing the report required by subsection 
(a), the Under Secretary of Defense for Personnel and Readiness 
shall use the effectiveness metrics described in Enclosure 5 of 
Department of Defense Instruction No. 1322.29. The report shall 
include the following: 
(1) An assessment of the successes of the Job Training, 
Employment Skills Training, Apprenticeships, and Internships 
and SkillBridge initiatives. 
(2) Recommendations by the Under Secretary on ways in 
which the administration of the initiatives could be improved. 
(3) Recommendations by civilian companies participating 
in the initiatives on ways in which the administration of the 
initiatives could be improved. 
SEC. 568. MILITARY-TO-MARINER TRANSITION. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary 
of the department in which the Coast Guard is operating shall 
10 USC 4342 
note. 
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130 STAT. 2140 
PUBLIC LAW 114–328—DEC. 23, 2016 
jointly report to the Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
on steps the Departments of Defense and Homeland Security have 
taken or intend to take— 
(1) to maximize the extent to which United States Armed 
Forces service, training, and qualifications are creditable 
toward meeting the laws and regulations governing United 
States merchant mariner license, certification, and document 
laws and the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978, 
including steps to enhance interdepartmental coordination; and 
(2) to promote better awareness among Armed Forces per-
sonnel who serve in vessel operating positions of the require-
ments for postservice use of Armed Forces training, education, 
and practical experience in satisfaction of requirements for 
merchant mariner credentials under section 11.213 of title 46, 
Code of Federal Regulations, and the need to document such 
service in a manner suitable for post-service use. 
(b) LIST OF TRAINING PROGRAMS.—The report under subsection 
(a) shall include a list of Army, Navy, and Coast Guard training 
programs open to Army, Navy, and Coast Guard vessel operators, 
respectively, that shows— 
(1) which programs have been approved for credit toward 
merchant mariner credentials; 
(2) which programs are under review for such approval; 
(3) which programs are not relevant to the training needed 
for merchant mariner credentials; and 
(4) which programs could become eligible for credit toward 
merchant mariner credentials with minor changes. 
Subtitle 
H—Defense 
Dependents’ 
Edu-
cation and Military Family Readiness 
Matters 
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF 
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
be appropriated for fiscal year 2017 by section 301 and available 
for operation and maintenance for Defense-wide activities as speci-
fied in the funding table in division D, $30,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 
U.S.C. 7703b). 
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.— 
Of the amount authorized to be appropriated for fiscal year 2017 
by section 301 and available for operation and maintenance for 
Defense-wide activities as specified in the funding table in section 
4301, $5,000,000 shall be available for payments under section 
363 of the Floyd D. Spence National Defense Authorization Act 
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130 STAT. 2141 
PUBLIC LAW 114–328—DEC. 23, 2016 
for Fiscal Year 2001 (as enacted into law by Public Law 106– 
398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term ‘‘local educational agency’’ has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 572. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE 
TRANSITION AND SUPPORT OF MILITARY DEPENDENT 
STUDENTS TO LOCAL EDUCATIONAL AGENCIES. 
(a) EXTENSION.—Section 574(c)(3) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b 
note) is amended by striking ‘‘September 30, 2016’’ and inserting 
‘‘September 30, 2017’’. 
(b) INFORMATION TO BE INCLUDED WITH FUTURE REQUESTS 
FOR EXTENSION.—The budget justification materials that accompany 
any budget of the President for a fiscal year after fiscal year 
2017 (as submitted to Congress pursuant to section 1105 of title 
31, United States Code) that includes a request for the extension 
of section 574(c) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 shall include the following: 
(1) A full accounting of the expenditure of funds pursuant 
to such section 574(c) during the last fiscal year ending before 
the date of the submittal of the budget. 
(2) An assessment of the impact of the expenditure of 
such funds on the quality of opportunities for elementary and 
secondary education made available for military dependent stu-
dents. 
SEC. 573. ANNUAL NOTICE TO MEMBERS OF THE ARMED FORCES 
REGARDING CHILD CUSTODY PROTECTIONS GUARANTEED 
BY THE SERVICEMEMBERS CIVIL RELIEF ACT. 
The Secretaries of each of the military departments shall ensure 
that each member of the Armed Forces with dependents receives 
annually, and prior to each deployment, notice of the child custody 
protections afforded to members of the Armed Forces under the 
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.). 
SEC. 574. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY PROGRAM 
REPORT 
REGARDING 
CHILD 
ABUSE 
AND 
DOMESTIC 
VIOLENCE. 
(a) ANNUAL
REPORT
ON
CHILD
ABUSE
AND
DOMESTIC 
VIOLENCE.—Not later than April 30, 2017, and annually thereafter 
through April 30, 2021, the Secretary of Defense shall submit 
to the Committees on Armed Services of the House of Representa-
tives and the Senate a report on the child abuse and domestic 
abuse incident data from the Department of Defense Family 
Advocacy Program central registry of child abuse and domestic 
abuse incidents for the preceding calendar year. 
(b) CONTENTS.—The report shall contain each of the following: 
(1) The number of incidents reported during the year cov-
ered by the report involving— 
(A) spouse physical or sexual abuse; 
(B) intimate partner physical or sexual abuse; 
(C) child physical or sexual abuse; and 
(D) child or domestic abuse resulting in a fatality. 
(2) An analysis of the number of such incidents that met 
the criteria for substantiation. 
50 USC 3938a. 
20 USC 7703b 
note. 
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130 STAT. 2142 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) An analysis of— 
(A) the types of abuse reported; 
(B) for cases involving children as the reported victims 
of the abuse, the ages of the abused children; and 
(C) other relevant characteristics of the reported vic-
tims. 
(4) An analysis of the military status, sex, and pay grade 
of the alleged perpetrator of the child or domestic abuse. 
(5) An analysis of the effectiveness of the Family Advocacy 
Program. 
(c) COORDINATION
OF
RELEASE
DATE
BETWEEN
ANNUAL 
REPORTS REGARDING SEXUAL ASSAULTS AND FAMILY ADVOCACY PRO-
GRAM REPORT.—The Secretary of Defense shall ensure that the 
sexual assault reports required to be submitted under section 
1631(d) of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) 
for a year are delivered to the Committees on Armed Services 
of the House of Representatives and the Senate simultaneously 
with the report for that year required under this section. 
SEC. 575. REPORTING ON ALLEGATIONS OF CHILD ABUSE IN MILITARY 
FAMILIES AND HOMES. 
(a) REPORTS TO FAMILY ADVOCACY PROGRAM OFFICES.— 
(1) IN
GENERAL.—The following information shall be 
reported immediately to the Family Advocacy Program office 
at the military installation to which the member of the Armed 
Forces concerned is assigned: 
(A) Credible information (which may include a reason-
able belief), obtained by any individual within the chain 
of command of the member, that a child in the family 
or home of the member has suffered an incident of child 
abuse. 
(B) Information, learned by a member of the Armed 
Forces engaged in a profession or activity described in 
section 226(b) of the Victims of Child Abuse Act of 1990 
(42 U.S.C. 13031(b)) for members of the Armed Forces 
and their dependents, that gives reason to suspect that 
a child in the family or home of the member has suffered 
an incident of child abuse. 
(2) REGULATIONS.—The Secretary of Defense and the Sec-
retary of Homeland Security (with respect to the Coast Guard 
when it is not operating as a service in the Navy) shall jointly 
prescribe regulations to carry out this subsection. 
(3) CHILD ABUSE DEFINED.—In this subsection, the term 
‘‘child abuse’’ has the meaning given that term in section 226(c) 
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)). 
(b) REPORTS TO STATE CHILD WELFARE SERVICES.—Section 226 
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is 
amended— 
(1) in subsection (a), by inserting ‘‘ and to the agency 
or agencies provided for in subsection (e), if applicable’’ before 
the period; 
(2) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and 
(3) by inserting after subsection (d) the following new sub-
section (e): 
10 USC 1787 
note. 
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130 STAT. 2143 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(e) REPORTERS AND RECIPIENT OF REPORT INVOLVING CHILDREN 
AND HOMES OF MEMBERS OF THE ARMED FORCES.— 
‘‘(1) RECIPIENTS OF REPORTS.—In the case of an incident 
described in subsection (a) involving a child in the family or 
home of member of the Armed Forces (regardless of whether 
the incident occurred on or off a military installation), the 
report required by subsection (a) shall be made to the appro-
priate child welfare services agency or agencies of the State 
in which the child resides. The Attorney General, the Secretary 
of Defense, and the Secretary of Homeland Security (with 
respect to the Coast Guard when it is not operating as a 
service in the Navy) shall jointly, in consultation with the 
chief executive officers of the States, designate the child welfare 
service agencies of the States that are appropriate recipients 
of reports pursuant to this subsection. Any report on an incident 
pursuant to this subsection is in addition to any other report 
on the incident pursuant to this section. 
‘‘(2) MAKERS
OF
REPORTS.—For purposes of the making 
of reports under this section pursuant to this subsection, the 
persons engaged in professions and activities described in sub-
section (b) shall include members of the Armed Forces who 
are engaged in such professions and activities for members 
of the Armed Forces and their dependents.’’. 
SEC. 576. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS’ EDU-
CATION. 
Section 1411 of the Defense Dependents’ Education Act of 1978 
(20 U.S.C. 929) is repealed. 
SEC. 577. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE 
FOR CHILDREN OF MILITARY FAMILIES. 
(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense 
may provide financial or non-monetary support to qualified non-
profit organizations in order to assist such organizations in carrying 
out programs to support the attendance at a camp, or camp-like 
setting, of children of military families who have experienced the 
death of a family member or other loved one or who have another 
family member living with a substance use disorder or post-trau-
matic stress disorder. 
(b) APPLICATION FOR SUPPORT.— 
(1) IN GENERAL.—Each organization seeking support pursu-
ant to subsection (a) shall submit to the Secretary of Defense 
an application therefor containing such information as the Sec-
retary shall specify for purposes of this section. 
(2) CONTENTS.—Each application submitted under para-
graph (1) shall include the following: 
(A) A description of the program for which support 
is being sought, including the location of the setting or 
settings under the program, the duration of such setting 
or settings, any local partners participating in or contrib-
uting to the program, and the ratio of counselors, trained 
volunteers, or both to children at such setting or settings. 
(B) An estimate of the number of children of military 
families to be supported using the support sought. 
(C) A description of the type of activities that will 
be conducted using the support sought, including the 
manner in which activities are particularly supportive to 
children of military families described in subsection (a). 
10 USC 1781 
note. 
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130 STAT. 2144 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) A description of the outreach conducted or to be 
conducted by the organization to military families 
regarding the program. 
(c) USE OF SUPPORT.—Support provided by the Secretary of 
Defense to an organization pursuant to subsection (a) shall be 
used by the organization to support attendance at a camp, or 
camp-like setting, of children of military families described in sub-
section (a). 
SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESS-
MENT AND REPORT ON EXCEPTIONAL FAMILY MEMBER 
PROGRAMS. 
(a) ASSESSMENT AND REPORT REQUIRED.— 
(1) ASSESSMENT.—The Comptroller General of the United 
States shall conduct an assessment on the effectiveness of 
each Exceptional Family Member Program of the Armed Forces. 
(2) REPORT.—Not later than December 31, 2017, the Comp-
troller General shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report 
containing the results of the assessment conducted under this 
subsection. 
(b) ELEMENTS.—The assessment and report under subsection 
(a) shall address the following: 
(1) The differences between each Exceptional Family 
Member Program of the Armed Forces. 
(2) The manner in which Exceptional Family Member Pro-
grams are implemented on joint bases and installations. 
(3) The extent to which military family members are 
screened for potential coverage under an Exceptional Family 
Member Program and the manner of such screening. 
(4) The degree to which conditions of military family mem-
bers who qualify for coverage under an Exceptional Family 
Member Program are taken into account in making assignments 
of military personnel. 
(5) The types of services provided to address the needs 
of military family members who qualify for coverage under 
an Exceptional Family Member Program. 
(6) The extent to which the Department of Defense has 
implemented specific directives for providing family support 
and enhanced case management services, such as special needs 
navigators, to military families with special needs children. 
(7) The extent to which the Department has conducted 
periodic reviews of best practices in the United States for 
the provision of medical and educational services to military 
family members with special needs. 
(8) The necessity in the Department for an advisory panel 
on community support for military families members with spe-
cial needs. 
(9) The development and implementation of the uniform 
policy for the Department regarding families with special needs 
required by section 1781c(e) of title 10, United States Code. 
(10) The implementation by each Armed Force of the rec-
ommendations in the Government Accountability Report enti-
tled ‘‘Military Dependent Students, Better Oversight Needed 
to Improve Services for Children with Special Needs’’ (GAO– 
12–680). 
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130 STAT. 2145 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 579. IMPACT AID AMENDMENTS. 
(a) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.—Notwith-
standing section 5(d) of the Every Student Succeeds Act (Public 
Law 114–95; 129 Stat. 1806), the amendment made by section 
7004(1) of such Act (Public Law 114–95; 129 Stat. 2077)— 
(1) for fiscal year 2016— 
(A) 
shall 
be 
applied 
as 
if 
amending 
section 
8003(a)(5)(A) of the Elementary and Secondary Education 
Act of 1965, as in effect on the day before the date of 
enactment of the Every Student Succeeds Act (Public Law 
114–95; 129 Stat. 1802); and 
(B) shall be applicable with respect to appropriations 
for use under title VIII of the Elementary and Secondary 
Education Act of 1965 (Public Law 114–95; 129 Stat. 1802); 
and 
(2) for fiscal year 2017 and each succeeding fiscal year, 
shall be in effect with respect to appropriations for use under 
title VII of the Elementary and Secondary Education Act of 
1965, as amended by the Every Student Succeeds Act (Public 
Law 114–95; 129 Stat. 1802). 
(b) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL 
AGENCIES.— 
(1) AMENDMENT.—Subclause (I) of section 7003(b)(2)(B)(i) 
of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7703(b)(2)(B)(i)(I)) is amended to read as follows: 
‘‘(I) is a local educational agency— 
‘‘(aa) whose boundaries are the same as 
a Federal military installation; or 
‘‘(bb)(AA) whose boundaries are the same 
as an island property designated by the Sec-
retary of the Interior to be property that is 
held in trust by the Federal Government; and 
‘‘(BB) that has no taxing authority;’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect with respect to appropriations for use 
under title VII of the Elementary and Secondary Education 
Act of 1965, as amended by the Every Student Succeeds Act 
(Public Law 114–95; 129 Stat. 1802), beginning with fiscal 
year 2017 and as if enacted as part of title VII of the Every 
Student Succeeds Act. 
(c) SPECIAL RULE REGARDING
THE PER-PUPIL EXPENDITURE 
REQUIREMENT.— 
(1) REFERENCES.—Except as otherwise expressly provided, 
any reference in this subsection to a section or other provision 
of title VII of the Elementary and Secondary Education Act 
of 1965 shall be considered to be a reference to the section 
or other provision of such title VII as amended by the Every 
Student Succeeds Act (Public Law 114–95; 129 Stat. 1802). 
(2) IN GENERAL.—Notwithstanding section 5(d) of the Every 
Student Succeeds Act (Public Law 114–95; 129 Stat. 1806) 
or section 7003(b)(2) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(b)(2)), with respect to any 
application submitted under section 7005 of such Act (20 U.S.C. 
7705) for eligibility consideration under subclause (II) or (V) 
of section 7003(b)(2)(B)(i) of such Act for fiscal year 2017, 2018, 
or 2019, the Secretary of Education shall determine that a 
local educational agency meets the per-pupil expenditure 
20 USC 7703 
note. 
20 USC 7703 
note. 
20 USC 7703 
note. 
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130 STAT. 2146 
PUBLIC LAW 114–328—DEC. 23, 2016 
requirement for purposes of such subclause (II) or (V), as 
applicable, only if— 
(A) in the case of a local educational agency that 
received a basic support payment for fiscal year 2001 under 
section 8003(b)(2)(B) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(b)(2)(B)) (as such section 
was in effect for such fiscal year), the agency, for the 
year for which the application is submitted, has a per- 
pupil expenditure that is less than the average per-pupil 
expenditure of the State in which the agency is located 
or the average per-pupil expenditure of all States (which-
ever average per-pupil expenditure is greater), except that 
a local educational agency with a total student enrollment 
of less than 350 students shall be deemed to have satisfied 
such per-pupil expenditure requirement; or 
(B) in the case of a local educational agency that did 
not receive a basic support payment for fiscal year 2015 
under such section 8003(b)(2)(B), as so in effect, the agency, 
for the year for which the application is submitted— 
(i) has a total student enrollment of 350 or more 
students and a per-pupil expenditure that is less than 
the average per-pupil expenditure of the State in which 
the agency is located; or 
(ii) has a total student enrollment of less than 
350 students and a per-pupil expenditure that is less 
than the average per-pupil expenditure of a comparable 
local educational agency or 3 comparable local edu-
cational 
agencies 
(whichever 
average 
per-pupil 
expenditure is greater), in the State in which the 
agency is located. 
(d) PAYMENTS
FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN.— 
(1) AMENDMENTS.—Section 7003(b)(2) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), 
as amended by subsection (b) and sections 7001 and 7004 
of the Every Student Succeeds Act (Public Law 114–95; 129 
Stat. 2074, 2077), is further amended— 
(A) in subclause (IV) of subparagraph (B)(i)— 
(i) in the matter preceding item (aa), by inserting 
‘‘received a payment for fiscal year 2015 under section 
8003(b)(2)(E) (as such section was in effect for such 
fiscal year) and’’ before ‘‘has’’; 
(ii) in item (aa), by striking ‘‘50’’ and inserting 
‘‘35’’; and 
(iii) by striking item (bb) and inserting the fol-
lowing: 
‘‘(bb)(AA) not less than 3,500 of such chil-
dren are children described in subparagraphs 
(A) and (B) of subsection (a)(1); or 
‘‘(BB) not less than 7,000 of such children 
are children described in subparagraph (D) 
of subsection (a)(1);’’; and 
(B) in subparagraph (D)— 
(i) in clause (i)— 
(I) in subclause (I), by striking ‘‘clause (ii)’’ 
and inserting ‘‘clauses (ii), (iii), and (iv)’’; and 
(II) in subclause (II)— 
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130 STAT. 2147 
PUBLIC LAW 114–328—DEC. 23, 2016 
(aa) by inserting ‘‘received a payment for 
fiscal year 2015 under section 8003(b)(2)(E) 
(as such section was in effect for such fiscal 
year) and’’ after ‘‘agency that’’; 
(bb) by striking ‘‘50 percent’’ and inserting 
‘‘35 percent’’; 
(cc) by striking ‘‘subsection (a)(1) and not 
less than 5,000’’ and inserting the following: 
‘‘subsection (a)(1) and— 
‘‘(aa) not less than 3,500’’; and 
(dd) by striking ‘‘subsection (a)(1).’’ and 
inserting the following: ‘‘subsection (a)(1); or 
‘‘(bb) not less than 7,000 of such children 
are children described in subparagraph (D) 
of subsection (a)(1).’’; 
(ii) in clause (ii), by striking ‘‘shall be 1.35.’’ and 
inserting the following: ‘‘shall be— 
‘‘(I) for fiscal year 2016, 1.35; 
‘‘(II) for each of fiscal years 2017 and 2018, 
1.38; 
‘‘(III) for fiscal year 2019, 1.40; 
‘‘(IV) for fiscal year 2020, 1.42; and 
‘‘(V) for fiscal year 2021 and each fiscal year 
thereafter, 1.45.’’; and 
(iii) by adding at the end the following: 
‘‘(iii) FACTOR FOR CHILDREN WHO LIVE OFF BASE.— 
For purposes of calculating the maximum amount 
described in clause (i), the factor used in determining 
the weighted student units under subsection (a)(2) with 
respect to children described in subsection (a)(1)(D) 
shall be— 
‘‘(I) for fiscal year 2016, .20; 
‘‘(II) for each of fiscal years 2017 and 2018, 
.22; 
‘‘(III) for each of fiscal years 2019 and 2020, 
.25; and 
‘‘(IV) for fiscal year 2021 and each fiscal year 
thereafter— 
‘‘(aa) .30 with respect to each of the first 
7,000 children; and 
‘‘(bb) .25 with respect to the number of 
children that exceeds 7,000. 
‘‘(iv) SPECIAL RULE.—Notwithstanding clauses (ii) 
and (iii), for fiscal year 2020 or any succeeding fiscal 
year, if the number of students who are children 
described in subparagraphs (A) and (B) of subsection 
(a)(1) for a local educational agency subject to this 
subparagraph exceeds 7,000 for such year or the 
number of students who are children described in sub-
section (a)(1)(D) for such local educational agency 
exceeds 12,750 for such year, then— 
‘‘(I) the factor used, for the fiscal year for 
which the determination is being made, to deter-
mine the weighted student units under subsection 
(a)(2) with respect to children described in sub-
paragraphs (A) and (B) of subsection (a)(1) shall 
be 1.40; and 
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130 STAT. 2148 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(II) the factor used, for such fiscal year, to 
determine the weighted student units under sub-
section (a)(2) with respect to children described 
in subsection (a)(1)(D) shall be .20.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect with respect to appropriations for use 
under title VII of the Elementary and Secondary Education 
Act of 1965 beginning with fiscal year 2017 and as if enacted 
as part of title VII of the Every Student Succeeds Act (Public 
Law 114–95; 129 Stat. 2074). 
(3) SPECIAL RULES.— 
(A) APPLICABILITY
FOR
FISCAL
YEAR
2016.—Notwith-
standing any other provision of law, in making basic sup-
port payments under section 8003(b)(2) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) 
for fiscal year 2016, the Secretary of Education shall carry 
out subparagraphs (B)(i) and (E) of such section as if the 
amendments made to subparagraphs (B)(i)(IV) and (D) of 
section 7003(b)(2) of such Act (as amended and redesig-
nated by this subsection and the Every Student Succeeds 
Act (Public Law 114–95; 129 Stat. 1802)) had also been 
made to the corresponding provisions of section 8003(b)(2) 
of the Elementary and Secondary Education Act of 1965, 
as in effect on the day before the date of enactment of 
the Every Student Succeeds Act. 
(B) LOSS OF ELIGIBILITY.—For fiscal year 2016 or any 
succeeding fiscal year, if a local educational agency is 
eligible for a basic support payment under subclause (IV) 
of section 7003(b)(2)(B)(i) of the Elementary and Secondary 
Education Act of 1965 (as amended by this section and 
the Every Student Succeeds Act (Public Law 114–95; 129 
Stat. 1802)) or through a corresponding provision under 
subparagraph (A), such local educational agency shall be 
ineligible to apply for a payment for such fiscal year under 
any other subclause of such section (or, for fiscal year 
2016, any other item of section 8003(b)(2)(B)(i)(II) of the 
Elementary and Secondary Education Act of 1965). 
(C) PAYMENT AMOUNTS.—If, before the date of enact-
ment of this Act, a local educational agency receives 1 
or more payments under section 8003(b)(2)(E) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7703(b)(2)(E)) for fiscal year 2016, the sum of which 
is greater than the amount the Secretary of Education 
determines the local educational agency is entitled to 
receive under such section in accordance with subpara-
graph (A)— 
(i) the Secretary shall allow the local educational 
agency to retain the larger amount; and 
(ii) such local educational agency shall not be 
eligible to receive any additional payment under such 
section for fiscal year 2016. 
20 USC 7703 
note. 
20 USC 7703 
note. 
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130 STAT. 2149 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle I—Decorations and Awards 
SEC. 581. POSTHUMOUS ADVANCEMENT OF COLONEL GEORGE E. 
‘‘BUD’’ DAY, UNITED STATES AIR FORCE, ON THE RETIRED 
LIST . 
(a) ADVANCEMENT.—Colonel George E. ‘‘Bud’’ Day, United 
States Air Force (retired), is entitled to hold the rank of brigadier 
general while on the retired list of the Air Force. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement 
of George E. ‘‘Bud’’ Day on the retired list of the Air Force under 
subsection (a) shall not affect the retired pay or other benefits 
from the United States to which George E. ‘‘Bud’’ Day would have 
been entitled based upon his military service or affect any benefits 
to which any other person may become entitled based on his military 
service. 
SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF 
VALOR DURING CERTAIN CONTINGENCY OPERATIONS. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in sections 3744, 6248, and 8744 of title 10, United States 
Code, or any other time limitation with respect to the awarding 
of certain medals to persons who served in the Armed Forces, 
the President may award a medal specified in subsection (c) to 
a member or former member of the Armed Forces identified as 
warranting award of that medal pursuant to the review of valor 
award nominations for Operation Enduring Freedom, Operation 
Iraqi Freedom, Operation New Dawn, Operation Freedom’s Sen-
tinel, and Operation Inherent Resolve that was directed by the 
Secretary of Defense on January 7, 2016. 
(b) AWARD OF MEDAL OF HONOR.—If, pursuant to the review 
referred to in subsection (a), the President decides to award to 
a member or former member of the Armed Forces the Medal of 
Honor, the medal may only be awarded after the Secretary of 
Defense submits to the Committees on Armed Services of the Senate 
and the House of Representatives a letter identifying the intended 
recipient of the Medal of Honor and the rationale for awarding 
the Medal of Honor to such intended recipient. 
(c) MEDALS.—The medals covered by subsection (a) are any 
of the following: 
(1) The Medal of Honor under section 3741, 6241, or 8741 
of title 10, United States Code. 
(2) The Distinguished-Service Cross under section 3742 
of such title. 
(3) The Navy Cross under section 6242 of such title. 
(4) The Air Force Cross under section 8742 of such title. 
(5) The Silver Star under section 3746, 6244, or 8746 
of such title. 
(d) TERMINATION.—No medal may be awarded under the 
authority of this section after December 31, 2019. 
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR 
TO GARY M. ROSE AND JAMES C. MCCLOUGHAN FOR ACTS 
OF VALOR DURING THE VIETNAM WAR. 
(a) GARY M. ROSE.— 
(1) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or 
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130 STAT. 2150 
PUBLIC LAW 114–328—DEC. 23, 2016 
any other time limitation with respect to the awarding of cer-
tain medals to persons who served in the Armed Forces, the 
President is authorized to award the Medal of Honor under 
section 3741 of such title to Gary M. Rose for the acts of 
valor described in paragraph (2). 
(2) ACTS OF VALOR DESCRIBED.—The acts of valor referred 
to in paragraph (1) are the actions of Gary M. Rose in Laos 
from September 11 through 14, 1970, during the Vietnam War 
while a member of the United States Army, Military Assistance 
Command 
Vietnam-Studies 
and 
Observation 
Group 
(MACVSOG). 
(b) JAMES C. MCCLOUGHAN.— 
(1) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or 
any other time limitation with respect to the awarding of cer-
tain medals to persons who served in the Armed Forces, the 
President is authorized to award the Medal of Honor under 
section 3741 of such title to James C. McCloughan for the 
acts of valor described in paragraph (2). 
(2) ACTS OF VALOR DESCRIBED.—The acts of valor referred 
to in paragraph (1) are the actions of James C. McCloughan 
during combat operations between May 13, 1969, and May 
15, 1969, while serving as a Combat Medic with Company 
C, 3d Battalion, 21st Infantry, 196th Light Infantry Brigade, 
American Division, Republic of Vietnam, for which he was 
previously awarded the Bronze Star Medal with ‘‘V’’ Device. 
SEC. 584. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE 
CROSS TO FIRST LIEUTENANT MELVIN M. SPRUIELL FOR 
ACTS OF VALOR DURING WORLD WAR II. 
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the Secretary 
of the Army may award the Distinguished-Service Cross under 
section 3742 of such title to First Lieutenant Melvin M. Spruiell 
of the Army for the acts of valor during World War II described 
in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of First Lieutenant Melvin 
M. Spruiell on June 10 and 11, 1944, as a member of the Army 
serving in France with the 377th Parachute Field Artillery, 101st 
Airborne Division. 
SEC. 585. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED 
SERVICE 
CROSS 
TO 
CHAPLAIN 
(FIRST 
LIEUTENANT) 
JOSEPH VERBIS LAFLEUR FOR ACTS OF VALOR DURING 
WORLD WAR II. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the Secretary of the 
Army may award the Distinguished Service Cross under section 
3742 of that title to Chaplain (First Lieutenant) Joseph Verbis 
LaFleur for the acts of valor referred to in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Chaplain (First Lieutenant) 
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130 STAT. 2151 
PUBLIC LAW 114–328—DEC. 23, 2016 
Joseph Verbis LaFleur while interned as a prisoner-of- war by 
Japan from December 30, 1941, to September 7, 1944. 
SEC. 586. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CER-
TAIN ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC 
ISLANDER WAR VETERANS. 
(a) REVIEW REQUIRED.—The Secretary of each military depart-
ment shall review the service records of each Asian American 
and Native American Pacific Islander war veteran described in 
subsection (b) to determine whether that veteran should be awarded 
the Medal of Honor. 
(b) COVERED VETERANS.—The Asian American and Native 
American Pacific Islander war veterans whose service records are 
to be reviewed under subsection (a) are any former members of 
the Armed Forces whose service records identify them as an Asian 
American or Native American Pacific Islander war veteran who 
was awarded the Distinguished-Service Cross, the Navy Cross, or 
the Air Force Cross during the Korean War or the Vietnam War. 
(c) CONSULTATIONS.—In carrying out the review under sub-
section (a), the Secretary of each military department shall consult 
with such veterans service organizations as the Secretary considers 
appropriate. 
(d) RECOMMENDATIONS BASED ON REVIEW.—If the Secretary 
concerned determines, based upon the review under subsection 
(a) of the service records of any Asian American or Native American 
Pacific Islander war veteran, that the award of the Medal of Honor 
to that veteran is warranted, the Secretary shall submit to the 
President a recommendation that the President award the Medal 
of Honor to that veteran. 
(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of Honor 
may be awarded to an Asian American or Native American Pacific 
Islander war veteran in accordance with a recommendation of the 
Secretary concerned under subsection (d). 
(f) CONGRESSIONAL NOTIFICATION.—No Medal of Honor may 
be awarded pursuant to subsection (e) until the Secretary of Defense 
submits to the Committees on Armed Services of the Senate and 
the House of Representatives notice of the recommendations under 
subsection (d), including the name of each Asian American or Native 
American Pacific Islander war veteran recommended to be awarded 
a Medal of Honor and the rationale for such recommendation. 
(g) WAIVER OF TIME LIMITATIONS.—An award of the Medal 
of Honor may be made under subsection (e) without regard to— 
(1) section 3744, 6248, or 8744 of title 10, United States 
Code, as applicable; and 
(2) any regulation or other administrative restriction on— 
(A) the time for awarding the Medal of Honor; or 
(B) the awarding of the Medal of Honor for service 
for which a Distinguished-Service Cross, Navy Cross, or 
Air Force Cross has been awarded. 
(h) DEFINITION.—In this section, the term ‘‘Native American 
Pacific Islander’’ means a Native Hawaiian or Native American 
Pacific Islander, as those terms are defined in section 815 of the 
Native American Programs Act of 1974 (42 U.S.C. 2992c). 
10 USC 3741 
note. 
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130 STAT. 2152 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle J—Miscellaneous Reports and 
Other Matters 
SEC. 591. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED 
STATES AIR FORCE ACADEMY APPOINTED BY THE PRESI-
DENT. 
(a) REPEAL.—Section 9337 of title 10, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 903 of such title is amended by striking the item 
related to section 9337. 
SEC. 592. EXTENSION OF LIMITATION ON REDUCTION IN NUMBER OF 
MILITARY AND CIVILIAN PERSONNEL ASSIGNED TO DUTY 
WITH SERVICE REVIEW AGENCIES. 
Section 1559(a) of title 10, United States Code, is amended 
by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2019’’. 
SEC. 593. ANNUAL REPORTS ON PROGRESS OF THE ARMY AND THE 
MARINE CORPS IN INTEGRATING WOMEN INTO MILITARY 
OCCUPATIONAL SPECIALITIES AND UNITS RECENTLY 
OPENED TO WOMEN. 
(a) REPORTS REQUIRED.—Not later than April 1, 2017, and 
each year thereafter through 2020, the Chief of Staff of the Army 
and the Commandant of the Marine Corps shall each submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report on the current status of the implementa-
tion by the Army and the Marine Corps, respectively, of the policy 
of Secretary of Defense dated March 9, 2016, to open to women 
military occupational specialties and units previously closed to 
women. 
(b) ELEMENTS.—Each report shall include, current as of the 
date of such report and for the Armed Force covered by such 
report, the following: 
(1) The status of gender-neutral standards throughout the 
Entry Level Training continuum. 
(2) The propensity of applicants to apply for and access 
into newly-opened ground combat programs, by gender and 
program. 
(3) Success rates in Initial Screening Tests and Military 
Occupational Speciality (MOS) Classification Standards for 
newly-opened ground combat military occupational specialties, 
by gender. 
(4) Attrition rates and the top three causes of attrition 
throughout the Entry Level Training continuum, by gender 
and military occupational specialty. 
(5) Reclassification rates and the top three causes of 
reclassification throughout the Entry Level Training con-
tinuum, by gender and military occupational specialty. 
(6) Injury rates and the top five causes of injury throughout 
the Entry Level Training continuum, by gender and military 
occupational specialty. 
(7) Injury rates and nondeployability rates in newly-opened 
ground combat military occupational specialties, by gender and 
military occupational specialty. 
10 USC 9331 
prec. 
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130 STAT. 2153 
PUBLIC LAW 114–328—DEC. 23, 2016 
(8) Lateral move approval rates into newly-opened military 
occupational specialties, by gender and military occupational 
specialty. 
(9) Reenlistment and retention rates in newly-opened 
ground combat military occupational specialties, by gender and 
military occupational specialty. 
(10) Promotion rates in newly-opened ground combat mili-
tary occupational specialties, by grade and gender. 
(11) Actions taken to address matters relating to equipment 
sizing and supply, and facilities, in connection with the 
implementation by such Armed Force of the policy referred 
to in paragraph (1). 
(c) APPLICABILITY
TO SOCOM.—In addition to the reports 
required by subsection (a), the Commander of the United States 
Special Operations Command shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives, 
on the dates provided for in subsection (a), a report on the current 
status of the implementation by the United States Special Oper-
ations Command of the policy of Secretary of Defense referred 
to in subsection (a). Each report shall include the matters specified 
in subsection (b) with respect to the United States Special Oper-
ations Command. 
SEC. 594. REPORT ON FEASABILITY OF ELECTRONIC TRACKING OF 
OPERATIONAL ACTIVE-DUTY SERVICE PERFORMED BY 
MEMBERS OF THE READY RESERVE OF THE ARMED 
FORCES. 
Not later than March 1, 2017, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the feasability of estab-
lishing an electronic means by which members of the Ready Reserve 
of the Armed Forces can track their operational active-duty service 
performed after January 28, 2008, under section 12301(a), 12301(d), 
12301(g), 12302, or 12304 of title 10, United States Code. The 
means assessed for purposes of the report shall include a tour 
calculator that specifies early retirement credit authorized for each 
qualifying tour of active duty, as well as cumulative early reserve 
retirement credit authorized to date under section 12731(f) of such 
title. 
SEC. 595. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT 
AND OTHER FLIGHT OFFICER POSITIONS IN THE NAVY, 
MARINE 
CORPS, 
AND 
AIR 
FORCE 
CURRENTLY 
DIS-
CHARGED BY COMMISSIONED OFFICERS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Navy and the 
Secretary of the Air Force shall each submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the feasibility and advisability of the discharge by 
warrant officers of pilot and other flight officer positions in the 
Armed Forces under the jurisdiction of such Secretary that are 
currently discharged by commissioned officers. 
(b) ELEMENTS.—Each report under subsection (a) shall set forth, 
for each Armed Force covered by such report, the following: 
(1) An assessment of the feasibility and advisability of 
the discharge by warrant officers of pilot and other flight officer 
positions that are currently discharged by commissioned offi-
cers. 
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130 STAT. 2154 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) An identification of each such position, if any, for which 
the discharge by warrant officers is assessed to be feasible 
and advisable. 
SEC. 596. BODY MASS INDEX TEST. 
(a) REVIEW REQUIRED.—Each Secretary of a military depart-
ment shall review— 
(1) the current body mass index test procedure used by 
each Armed Force under the jurisdiction of that Secretary; 
and 
(2) other methods to measure body fat with a more holistic 
health and wellness approach. 
(b) ELEMENTS.—The review required under subsection (a) 
shall— 
(1) address nutrition counseling; 
(2) determine the best methods to be used by the Armed 
Forces to assess body fat percentages; and 
(3) improve the accuracy of body fat measurements. 
SEC. 597. REPORT ON CAREER PROGRESSION TRACKS OF THE ARMED 
FORCES FOR WOMEN IN COMBAT ARMS UNITS. 
Not later than 30 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report setting forth a description, for each Armed Force, of the 
following: 
(1) The career progression track for entry level women 
as officers in combat arms units of such Armed Force. 
(2) The career progression track for laterally transferred 
women as officers in combat arms units of such Armed Force. 
(3) The career progression track for entry level women 
as enlisted members in combat arms units of such Armed 
Force. 
(4) The career progression track for laterally transferred 
women as enlisted members in combat arms units of such 
Armed Force. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2017 increase in military basic pay. 
Sec. 602. Publication by Department of Defense of actual rates of basic pay payable 
to members of the Armed Forces by pay grade for annual or other pay 
periods. 
Sec. 603. Extension of authority to provide temporary increase in rates of basic al-
lowance for housing under certain circumstances. 
Sec. 604. Reports on a new single-salary pay system for members of the Armed 
Forces. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
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130 STAT. 2155 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 616. Aviation incentive pay and bonus matters. 
Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and 
bonus authorities. 
Sec. 618. Technical amendments relating to 2008 consolidation of certain special 
pay authorities. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Maximum reimbursement amount for travel expenses of members of the 
Reserves attending inactive duty training outside of normal commuting 
distances. 
Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits 
PART I—AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM 
Sec. 631. Election period for members in the service academies and inactive Re-
serves to participate in the modernized retirement system. 
Sec. 632. Effect of separation of members from the uniformed services on participa-
tion in the Thrift Savings Plan. 
Sec. 633. Continuation pay for full Thrift Savings Plan members who have com-
pleted 8 to 12 years of service. 
Sec. 634. Combat-related special compensation coordinating amendment. 
PART II—OTHER MATTERS 
Sec. 641. Use of member’s current pay grade and years of service and retired pay 
cost-of-living adjustments, rather than final retirement pay grade and 
years of service, in a division of property involving disposable retired 
pay. 
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve com-
ponent members who die in the line of duty during inactive-duty train-
ing. 
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related 
special compensation when retired pay not sufficient. 
Sec. 644. Extension of allowance covering monthly premium for Servicemembers’ 
Group Life Insurance while in certain overseas areas to cover members 
in any combat zone or overseas direct support area. 
Sec. 645. Authority for payment of pay and allowances and retired and retainer pay 
pursuant to power of attorney. 
Sec. 646. Extension of authority to pay special survivor indemnity allowance under 
the Survivor Benefit Plan. 
Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay. 
Sec. 648. Independent assessment of the Survivor Benefit Plan. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 661. Protection and enhancement of access to and savings at commissaries and 
exchanges. 
Sec. 662. Acceptance of Military Star Card at commissaries. 
Subtitle F—Other Matters 
Sec. 671. Recovery of amounts owed to the United States by members of the uni-
formed services. 
Sec. 672. Modification of flat rate per diem requirement for personnel on long-term 
temporary duty assignments. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 
to become effective during fiscal year 2017 required by section 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2017, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 2.1 percent. 
37 USC 1009 
note. 
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130 STAT. 2156 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 602. PUBLICATION BY DEPARTMENT OF DEFENSE OF ACTUAL 
RATES OF BASIC PAY PAYABLE TO MEMBERS OF THE 
ARMED FORCES BY PAY GRADE FOR ANNUAL OR OTHER 
PAY PERIODS. 
Any pay table published or otherwise issued by the Department 
of Defense to indicate the rates of basic pay of the Armed Forces 
in effect for members of the Armed Forces for a calendar year 
or other period shall state the rate of basic pay to be received 
by members in each pay grade for such year or period as specified 
or otherwise provided by applicable law, including any rate to 
be so received pursuant during such year or period by the operation 
of a ceiling under section 203(a)(2) of title 37, United States Code, 
or a similar provision in an annual defense authorization Act. 
SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 
INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 
UNDER CERTAIN CIRCUMSTANCES. 
Section 403(b)(7)(E) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. 
SEC. 604. REPORTS ON A NEW SINGLE-SALARY PAY SYSTEM FOR MEM-
BERS OF THE ARMED FORCES. 
(a) REPORT ON PLAN TO IMPLEMENT NEW PAY STRUCTURE.— 
Not later than March 1, 2017, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representative a report that sets forth the following: 
(1) The military pay tables as of January 1, 2017, reflecting 
the Regular Military Compensation of members of the Armed 
Forces as of that date in the range of grades, dependency 
statuses, and assignment locations. 
(2) A comprehensive description of the manner in which 
the Department of Defense would begin, by not later than 
January 1, 2018, to implement a transition between the current 
pay structure for members of the Armed Forces and a new 
pay structure for members of the Armed Forces as provided 
for by this section. 
(b) REPORT ON ELEMENTS OF NEW PAY STRUCTURE.—Not later 
than January 1, 2018, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Representative 
a report that sets forth the following: 
(1) A description and comparison of the current pay struc-
ture for members of the Armed Forces and a new pay structure 
for members of the Armed Forces, including new pay tables, 
that uses a single-salary pay system (as adjusted by the same 
cost-of-living adjustment that the Department of Defense uses 
worldwide for civilian employees) based on the assumptions 
in subsection (c). 
(2) A proposal for such legislative and administrative action 
as the Secretary considers appropriate to implement the new 
pay structure, and to provide for a transition between the 
current pay structure and the new pay structure. 
(3) A comprehensive schedule for the implementation of 
the new pay structure and for the transition between the cur-
rent pay structure and the new pay structure, including all 
significant deadlines. 
(c) NEW PAY STRUCTURE.—The new pay structure described 
pursuant to subsection (b)(1) shall assume the repeal of the basic 
37 USC 203 note. 
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130 STAT. 2157 
PUBLIC LAW 114–328—DEC. 23, 2016 
allowance for housing and basic allowance subsistence for members 
of the Armed Forces in favor of a single-salary pay system, and 
shall include the following: 
(1) A statement of pay comparability with the civilian sector 
adequate to effectively recruit and retain a high-quality All- 
Volunteer Force. 
(2) The level of pay necessary by grade and years of service 
to meet pay comparability as described in paragraph (1) in 
order to recruit and retain a high-quality All-Volunteer Force. 
(3) Necessary modifications to the military retirement 
system, including the retired pay multiplier, to ensure that 
members of the Armed Forces under the pay structure are 
situated similarly to where they would otherwise be under 
the military retirement system that will take effect on January 
1, 2018, by reason part I of subtitle D of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 
129 Stat. 842), and the amendments made by that part. 
(d) COST CONTAINMENT.—The single-salary pay system under 
the new pay structure provided for by this section shall be a 
single-salary pay system that will result in no or minimal additional 
costs to the Government, both in terms of annual discretionary 
outlays and entitlements, when compared with the continuation 
of the current pay system for members of the Armed Forces. 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2017’’: 
(1) Section 308b(g), relating to Selected Reserve reenlist-
ment bonus. 
(2) Section 308c(i), relating to Selected Reserve affiliation 
or enlistment bonus. 
(3) Section 308d(c), relating to special pay for enlisted 
members assigned to certain high-priority units. 
(4) Section 308g(f)(2), relating to Ready Reserve enlistment 
bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(6) Section 308i(f), relating to Selected Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(7) Section 478a(e), relating to reimbursement of travel 
expenses for inactive-duty training outside of normal com-
muting distance. 
(8) Section 910(g), relating to income replacement payments 
for reserve component members experiencing extended and fre-
quent mobilization for active duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 
United States Code, are amended by striking ‘‘December 31, 2016’’ 
and inserting ‘‘December 31, 2017’’: 
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130 STAT. 2158 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) Section 2130a(a)(1), relating to nurse officer candidate 
accession program. 
(2) Section 16302(d), relating to repayment of education 
loans for certain health professionals who serve in the Selected 
Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 
United States Code, are amended by striking ‘‘December 31, 2016’’ 
and inserting ‘‘December 31, 2017’’: 
(1) Section 302c-1(f), relating to accession and retention 
bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession bonus for reg-
istered nurses. 
(3) Section 302e(a)(1), relating to incentive special pay for 
nurse anesthetists. 
(4) Section 302g(e), relating to special pay for Selected 
Reserve health professionals in critically short wartime special-
ties. 
(5) Section 302h(a)(1), relating to accession bonus for dental 
officers. 
(6) Section 302j(a), relating to accession bonus for pharmacy 
officers. 
(7) Section 302k(f), relating to accession bonus for medical 
officers in critically short wartime specialties. 
(8) Section 302l(g), relating to accession bonus for dental 
specialist officers in critically short wartime specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
AUTHORITIES FOR NUCLEAR OFFICERS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2017’’: 
(1) Section 312(f), relating to special pay for nuclear-quali-
fied officers extending period of active service. 
(2) Section 312b(c), relating to nuclear career accession 
bonus. 
(3) Section 312c(d), relating to nuclear career annual incen-
tive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2017’’: 
(1) Section 331(h), relating to general bonus authority for 
enlisted members. 
(2) Section 332(g), relating to general bonus authority for 
officers. 
(3) Section 333(i), relating to special bonus and incentive 
pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation incentive 
pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus and incentive 
pay authorities for officers in health professions. 
(6) Section 336(g), relating to contracting bonus for cadets 
and midshipmen enrolled in the Senior Reserve Officers’ 
Training Corps. 
(7) Section 351(h), relating to hazardous duty pay. 
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130 STAT. 2159 
PUBLIC LAW 114–328—DEC. 23, 2016 
(8) Section 352(g), relating to assignment pay or special 
duty pay. 
(9) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus. 
(10) Section 355(h), relating to retention incentives for 
members qualified in critical military skills or assigned to 
high priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2017’’: 
(1) Section 301b(a), relating to aviation officer retention 
bonus. 
(2) Section 307a(g), relating to assignment incentive pay. 
(3) Section 308(g), relating to reenlistment bonus for active 
members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 316a(g), relating to incentive pay for members 
of precommissioning programs pursuing foreign language pro-
ficiency. 
(6) Section 324(g), relating to accession bonus for new offi-
cers in critical skills. 
(7) Section 326(g), relating to incentive bonus for conversion 
to military occupational specialty to ease personnel shortage. 
(8) Section 327(h), relating to incentive bonus for transfer 
between Armed Forces. 
(9) Section 330(f), relating to accession bonus for officer 
candidates. 
SEC. 616. AVIATION INCENTIVE PAY AND BONUS MATTERS. 
(a) MAXIMUM INCENTIVE PAY AND BONUS AMOUNTS.—Paragraph 
(1) of section 334(c) of title 37, United States Code, is amended 
by striking subparagraphs (A) and (B) and inserting the following 
new subparagraphs: 
‘‘(A) aviation incentive pay under subsection (a) shall 
be paid at a monthly rate not to exceed $1,000 per month; 
and 
‘‘(B) an aviation bonus under subsection (b) may not 
exceed $35,000 for each 12-month period of obligated 
service agreed to under subsection (d).’’. 
(b) ANNUAL
BUSINESS
CASE
FOR
PAYMENT
OF
AVIATION 
BONUS.—Such section is further amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) ANNUAL
BUSINESS
CASE
FOR
PAYMENT
OF
AVIATION 
BONUS AMOUNTS.— 
‘‘(A) IN GENERAL.—The Secretary concerned shall deter-
mine the amount of the aviation bonus payable under 
paragraph (1)(B) under agreements entered into under sub-
section (d) during a fiscal year solely through a business 
case analysis of the amount required to be paid under 
such agreements in order to address anticipated manning 
shortfalls for such fiscal year by aircraft type category. 
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130 STAT. 2160 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) BUDGET JUSTIFICATION DOCUMENTS.—The budget 
justification documents in support of the budget of the 
President for a fiscal year (as submitted to Congress pursu-
ant to section 1105 of title 31) shall set forth for each 
uniformed service the following: 
‘‘(i) The amount requested for the payment of avia-
tion bonuses under subsection (b) using amounts 
authorized to be appropriated for the fiscal year con-
cerned by aircraft type category. 
‘‘(ii) The business case analysis supporting the 
amount so requested by aircraft type category. 
‘‘(iii) For each aircraft type category, whether or 
not the amount requested will permit the payment 
during the fiscal year concerned of the maximum 
amount of the aviation bonus authorized by paragraph 
(1)(B). 
‘‘(iv) If any amount requested is to address man-
ning shortfalls, a description of any plans of the Sec-
retary concerned to address such shortfalls by non-
monetary means.’’. 
SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION OF SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES. 
Section 332(c)(1)(B) of title 37, United States Code, is amended 
by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’. 
SEC. 618. TECHNICAL AMENDMENTS RELATING TO 2008 CONSOLIDA-
TION OF CERTAIN SPECIAL PAY AUTHORITIES. 
(a) FAMILY CARE PLANS.—Section 586 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 
U.S.C. 991 note) is amended by inserting ‘‘or 351’’ after ‘‘section 
310’’. 
(b) DEPENDENTS’ MEDICAL CARE.—Section 1079(g)(1) of title 
10, United States Code, is amended by inserting ‘‘or 351’’ after 
‘‘section 310’’. 
(c) RETENTION ON ACTIVE DUTY DURING DISABILITY EVALUATION 
PROCESS.—Section 1218(d)(1) of title 10, United States Code, is 
amended by inserting ‘‘or 351’’ after ‘‘section 310’’. 
(d) STORAGE
SPACE.—Section 362(1) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 10 U.S.C. 2825 note) is amended by inserting ‘‘, 
or paragraph (1) or (3) of section 351(a),’’ after ‘‘section 310’’. 
(e) STUDENT ASSISTANCE PROGRAMS.—Sections 455(o)(3)(B) and 
465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C. 
1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting ‘‘, or para-
graph (1) or (3) of section 351(a),’’ after ‘‘section 310’’. 
(f) ARMED FORCES RETIREMENT HOME.—Section 1512(a)(3)(A) 
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
412(a)(3)(A)) is amended by inserting ‘‘or 351’’ after ‘‘section 310’’. 
(g) VETERANS
OF
FOREIGN
WARS
MEMBERSHIP.—Section 
230103(3) of title 36, United States Code, is amended by inserting 
‘‘or 351’’ after ‘‘section 310’’. 
(h) MILITARY PAY AND ALLOWANCES.—Title 37, United States 
Code, is amended— 
(1) in section 212(a), by inserting ‘‘, or paragraph (1) or 
(3) of section 351(a),’’ after ‘‘section 310’’; 
(2) in section 402a(b)(3)(B), by inserting ‘‘or 351’’ after 
‘‘section 310’’; 
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130 STAT. 2161 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) in section 481a(a), by inserting ‘‘or 351’’ after ‘‘section 
310’’; 
(4) in section 907(d)(1)(H), by inserting ‘‘or 351’’ after ‘‘sec-
tion 310’’; and 
(5) in section 910(b)(2)(B), by inserting ‘‘, or paragraph 
(1) or (3) of section 351(a),’’ after ‘‘section 310’’. 
(i) EXCLUSIONS FROM INCOME FOR PURPOSE OF SUPPLEMENTAL 
SECURITY INCOME.—Section 1612(b)(20) of the Social Security Act 
(42 U.S.C. 1382a(b)(20)) is amended by inserting ‘‘, or paragraph 
(1) or (3) of section 351(a),’’ after ‘‘section 310’’. 
(j) EXCLUSIONS FROM INCOME FOR PURPOSE OF HEAD START 
PROGRAM.—Section 645(a)(3)(B)(i) of the Head Start Act (42 U.S.C. 
9840(a)(3)(B)(i)) is amended by inserting ‘‘or 351’’ after ‘‘section 
310’’. 
(k) EXCLUSIONS FROM GROSS INCOME FOR FEDERAL INCOME 
TAX PURPOSES.—Section 112(c)(5)(B) of the Internal Revenue Code 
of 1986 is amended by inserting ‘‘, or paragraph (1) or (3) of 
section 351(a),’’ after ‘‘section 310’’. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 
621. 
MAXIMUM 
REIMBURSEMENT 
AMOUNT 
FOR 
TRAVEL 
EXPENSES OF MEMBERS OF THE RESERVES ATTENDING 
INACTIVE DUTY TRAINING OUTSIDE OF NORMAL COM-
MUTING DISTANCES. 
Section 478a(c) of title 37, United States Code, is amended— 
(1) by striking ‘‘The amount’’ and inserting the following: 
‘‘(1) Except as provided by paragraph (2), the amount’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) The Secretary concerned may authorize, on a case-by- 
case basis, a higher reimbursement amount for a member under 
subsection (a) when the member— 
‘‘(A) resides— 
‘‘(i) in the same State as the training location; and 
‘‘(ii) outside of an urbanized area with a population 
of 50,000 or more, as determined by the Bureau of the 
Census; and 
‘‘(B) is required to commute to a training location— 
‘‘(i) using an aircraft or boat on account of limited 
or nonexistent vehicular routes to the training location 
or other geographical challenges; or 
‘‘(ii) from a permanent residence located more than 
75 miles from the training location.’’. 
26 USC 112. 
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130 STAT. 2162 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle D—Disability Pay, Retired Pay, 
and Survivor Benefits 
PART I—AMENDMENTS IN CONNECTION WITH 
RETIRED PAY REFORM 
SEC. 631. ELECTION PERIOD FOR MEMBERS IN THE SERVICE ACAD-
EMIES AND INACTIVE RESERVES TO PARTICIPATE IN THE 
MODERNIZED RETIREMENT SYSTEM. 
(a) IN GENERAL.—Paragraph (4)(C) of section 1409(b) of title 
10, United States Code, is amended— 
(1) in clause (i), by striking ‘‘and (iii)’’ and inserting ‘‘, 
(iii), (iv), and (v)’’; and 
(2) by adding at the end the following new clauses: 
‘‘(iv) CADETS AND MIDSHIPMEN, ETC.—A member 
of a uniformed service who serves as a cadet, mid-
shipman, or member of the Senior Reserve Officers’ 
Training Corps during the election period specified 
in clause (i) shall make the election described in 
subparagraph (B)— 
‘‘(I) on or after the date on which such cadet, 
midshipman, or member of the Senior Reserve 
Officers’ Training Corps is appointed as a commis-
sioned officer or otherwise begins to receive basic 
pay; and 
‘‘(II) not later than 30 days after such date 
or the end of such election period, whichever is 
later. 
‘‘(v) INACTIVE RESERVES.—A member of a reserve 
component who is not in an active status during the 
election period specified in clause (i) shall make the 
election described in subparagraph (B)— 
‘‘(I) on or after the date on which such member 
is transferred from an inactive status to an active 
status or active duty; and 
‘‘(II) not later than 30 days after such date 
or the end of such election period, whichever is 
later.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on January 1, 2018, immediately after the 
coming into effect of the amendments made by section 631(a) of 
the National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 842), to which the amendments made by 
subsection (a) relate. 
SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNI-
FORMED SERVICES ON PARTICIPATION IN THE THRIFT 
SAVINGS PLAN. 
Effective as of the date of the enactment of this Act, paragraph 
(2) of section 632(c) of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 847) is repealed, 
and the amendment proposed to be made by that paragraph shall 
not be made or go into effect. 
5 USC 8432 note. 
10 USC 1409 
note. 
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130 STAT. 2163 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEM-
BERS WHO HAVE COMPLETED 8 TO 12 YEARS OF SERVICE. 
(a) CONTINUATION PAY.—Subsection (a) of section 356 of title 
37, United States Code, is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph (1): 
‘‘(1) has completed not less than 8 and not more than 
12 years of service in a uniformed service; and’’; and 
(2) in paragraph (2), by striking ‘‘an additional 4 years’’ 
and inserting ‘‘not less than 3 additional years’’. 
(b) PAYMENT
AMOUNT.—Subsection (b) of such section is 
amended by striking all the matter preceding paragraph (1) and 
inserting the following: 
‘‘(b) PAYMENT AMOUNT.—The Secretary concerned shall deter-
mine the payment amount under this section as a multiple of 
a full TSP member’s monthly basic pay. The multiple for a full 
TSP member who is a member of a regular component or a reserve 
component, if the member is performing active Guard and Reserve 
duty (as defined in section 101(d)(6) of title 10), shall not be less 
than 2.5 times the member’s monthly basic pay. The multiple 
for a full TSP member who is a member of a reserve component 
not performing active Guard or Reserve duty (as so defined) shall 
not be less than 0.5 times the monthly basic pay to which the 
member would be entitled if the member were a member of a 
regular component. The maximum amount the Secretary concerned 
may pay a member under this section is—’’. 
(c) TIMING
OF PAYMENT.—Subsection (d) of such section is 
amended to read as follows: 
‘‘(d) TIMING OF PAYMENT.—The Secretary concerned shall pay 
continuation pay under subsection (a) to a full TSP member when 
the member has completed not less than 8 and not more than 
12 years of service in a uniformed service.’’. 
(d) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) HEADING.—The heading of such section is amended 
to read as follows: 
‘‘§ 356. Continuation pay: full TSP members with 8 to 12 
years of service’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 5 of such title is amended by striking the 
item relating to section 356 and inserting the following new 
item: 
‘‘356. Continuation pay: full TSP members with 8 to 12 years of service.’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on January 1, 2018, immediately after the coming 
into effect of the amendments providing for section 356 of title 
37, United States Code, to which the amendments made by this 
section relate. 
SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING 
AMENDMENT. 
(a) IN GENERAL.—Section 1413a(b)(3)(B) of title 10, United 
States Code, is amended by striking ‘‘ 21⁄2 percent’’ and inserting 
‘‘the retired pay percentage (determined for the member under 
section 1409(b) of this title)’’. 
37 USC 356 note. 
37 USC 301 prec. 
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130 STAT. 2164 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2018, immediately after the coming 
into effect of the amendments made by part I of subtitle D of 
title VI of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 842), to which the amendment 
made by subsection (a) relates. 
PART II—OTHER MATTERS 
SEC. 641. USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF 
SERVICE AND RETIRED PAY COST-OF-LIVING ADJUST-
MENTS, RATHER THAN FINAL RETIREMENT PAY GRADE 
AND YEARS OF SERVICE, IN A DIVISION OF PROPERTY 
INVOLVING DISPOSABLE RETIRED PAY. 
(a) IN GENERAL.—Section 1408(a)(4) of title 10, United States 
Code, is amended— 
(1) by redesignating subparagraphs (A), (B), (C), (D) as 
clauses (i), (ii), (iii), (iv), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
(3) in subparagraph (A), as designated by paragraph (2), 
by inserting ‘‘(as determined pursuant to subparagraph (B)’’ 
after ‘‘member is entitled’’; and 
(4) by adding at the end the following new subparagraph: 
‘‘(B) For purposes of subparagraph (A), the total monthly 
retired pay to which a member is entitled shall be— 
‘‘(i) the amount of basic pay payable to the member 
for the member’s pay grade and years of service at the 
time of the court order, as increased by 
‘‘(ii) each cost-of-living adjustment that occurs under 
section 1401a(b) of this title between the time of the court 
order and the time of the member’s retirement using the 
adjustment provisions under that section applicable to the 
member upon retirement.’’. 
(b) APPLICATION OF AMENDMENTS.—The amendments made by 
subsection (a) shall apply with respect to any division of property 
as part of a final decree of divorce, dissolution, annulment, or 
legal separation involving a member of the Armed Forces to which 
section 1408 of title 10, United States Code, applies that becomes 
final after the date of the enactment of this Act. 
SEC. 642. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR 
SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE 
IN THE LINE OF DUTY DURING INACTIVE-DUTY TRAINING. 
(a) TREATMENT OF INACTIVE-DUTY TRAINING IN SAME MANNER 
AS ACTIVE DUTY.—Section 1451(c)(1)(A) of title 10, United States 
Code, is amended— 
(1) in clause (i)— 
(A) by inserting ‘‘or 1448(f)’’ after ‘‘section 1448(d)’’; 
and 
(B) by inserting ‘‘or (iii)’’ after ‘‘clause (ii)’’; and 
(2) in clause (iii)— 
(A) by striking ‘‘section 1448(f) of this title’’ and 
inserting ‘‘section 1448(f)(1)(A) of this title by reason of 
the death of a member or former member not in line 
of duty’’; and 
(B) by striking ‘‘active service’’ and inserting ‘‘service’’. 
10 USC 1408 
note. 
10 USC 1413a 
note. 
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130 STAT. 2165 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) CONSISTENT TREATMENT OF DEPENDENT CHILDREN.—Para-
graph (2) of section 1448(f) of title 10, United States Code, is 
amended to read as follows: 
‘‘(2) DEPENDENT CHILDREN ANNUITY.— 
‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— 
In the case of a person described in paragraph (1), the 
Secretary concerned shall pay an annuity under this sub-
chapter to the dependent children of that person under 
section 1450(a)(2) of this title as applicable. 
‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE 
SURVIVING SPOUSE.—The Secretary may pay an annuity 
under this subchapter to the dependent children of a person 
described in paragraph (1) under section 1450(a)(3) of this 
title, if applicable, instead of paying an annuity to the 
surviving spouse under paragraph (1), if the Secretary con-
cerned, in consultation with the surviving spouse, deter-
mines it appropriate to provide an annuity for the 
dependent children under this paragraph instead of an 
annuity for the surviving spouse under paragraph (1).’’. 
(c) DEEMED ELECTIONS.—Section 1448(f) of title 10, United 
States Code, is further amended by adding at the end the following 
new paragraph: 
‘‘(5) DEEMED
ELECTION
TO
PROVIDE
AN
ANNUITY
FOR 
DEPENDENT.—Paragraph (6) of subsection (d) shall apply in 
the case of a member described in paragraph (1) who dies 
after November 23, 2003, when no other annuity is payable 
on behalf of the member under this subchapter.’’. 
(d) AVAILABILITY
OF SPECIAL SURVIVOR INDEMNITY ALLOW-
ANCE.—Section 1450(m)(1)(B) of title 10, United States Code, is 
amended by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’. 
(e) APPLICATION OF AMENDMENTS.— 
(1) PAYMENT.—No annuity benefit under subchapter II of 
chapter 73 of title 10, United States Code, shall accrue to 
any person by reason of the amendments made by this section 
for any period before the date of the enactment of this Act. 
(2) ELECTIONS.—For any death that occurred before the 
date of the enactment of this Act with respect to which an 
annuity under such subchapter is being paid (or could be paid) 
to a surviving spouse, the Secretary concerned may, within 
six months of that date and in consultation with the surviving 
spouse, determine it appropriate to provide an annuity for 
the dependent children of the decedent under paragraph 
1448(f)(2)(B) of title 10, United States Code, as added by sub-
section (b), instead of an annuity for the surviving spouse. 
Any such determination and resulting change in beneficiary 
shall be effective as of the first day of the first month following 
the date of the determination. 
SEC. 643. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PRE-
MIUMS FROM COMBAT-RELATED SPECIAL COMPENSATION 
WHEN RETIRED PAY NOT SUFFICIENT. 
(a) AUTHORITY.—Subsection (d) of section 1452 of title 10, 
United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
10 USC 1448 
note. 
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130 STAT. 2166 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) DEDUCTION FROM COMBAT-RELATED SPECIAL COMPENSA-
TION
WHEN
RETIRED
PAY
NOT
ADEQUATE.—In the case of a 
person who has elected to participate in the Plan and who 
has been awarded both retired pay and combat-related special 
compensation under section 1413a of this title, if a deduction 
from the person’s retired pay for any period cannot be made 
in the full amount required, there shall be deducted from 
the person’s combat-related special compensation in lieu of 
deduction from the person’s retired pay the amount that would 
otherwise have been deducted from the person’s retired pay 
for that period.’’. 
(b) CONFORMING AMENDMENTS TO SECTION 1452.— 
(1) Subsection (d) of such section is further amended— 
(A) in the subsection heading, by inserting ‘‘OR NOT 
SUFFICIENT’’ after ‘‘NOT PAID’’; 
(B) in paragraph (1), by inserting before the period 
at the end the following: ‘‘, except to the extent that the 
required deduction is made pursuant to paragraph (2)’’; 
and 
(C) in paragraph (3), as redesignated by subsection 
(a)(1), by striking ‘‘Paragraph (1) does not’’ and inserting 
‘‘Paragraphs (1) and (2) do not’’. 
(2) Subsection (f)(1) of such section is amended by inserting 
‘‘or combat-related special compensation’’ after ‘‘from retired 
pay’’. 
(3) Subsection (g)(4) of such section is amended— 
(A) in the paragraph heading, by inserting ‘‘OR CRSC’’ 
after ‘‘RETIRED PAY’’; and 
(B) by inserting ‘‘or combat-related special compensa-
tion’’ after ‘‘from the retired pay’’. 
(c) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF SBP 
STATUTE.— 
(1) Section 1449(b)(2) of such title is amended— 
(A) in the paragraph heading, by inserting ‘‘OR CRSC’’ 
after ‘‘RETIRED PAY’’; and 
(B) by inserting ‘‘or combat-related special compensa-
tion’’ after ‘‘from retired pay’’. 
(2) Section 1450(e) of such title is amended— 
(A) in the subsection heading, by inserting ‘‘OR CRSC’’ 
after ‘‘RETIRED PAY’’; and 
(B) in paragraph (1), by inserting ‘‘or combat-related 
special compensation’’ after ‘‘from the retired pay’’. 
SEC. 644. EXTENSION OF ALLOWANCE COVERING MONTHLY PREMIUM 
FOR SERVICEMEMBERS’ GROUP LIFE INSURANCE WHILE 
IN CERTAIN OVERSEAS AREAS TO COVER MEMBERS IN 
ANY COMBAT ZONE OR OVERSEAS DIRECT SUPPORT AREA. 
(a) EXPANSION OF COVERAGE.—Subsection (a) of section 437 
of title 37, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘In the case of’’; 
(2) by striking ‘‘who serves in the theater of operations 
for Operation Enduring Freedom or Operation Iraqi Freedom’’ 
and inserting ‘‘who serves in a designated duty assignment’’; 
and 
(3) by adding at the end the following new paragraph: 
‘‘(2) In this subsection, the term ‘designated duty assignment’ 
means a permanent or temporary duty assignment outside the 
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130 STAT. 2167 
PUBLIC LAW 114–328—DEC. 23, 2016 
United States or its possessions in support of a contingency oper-
ation in an area that— 
‘‘(A) has been designated a combat zone; or 
‘‘(B) is in direct support of an area that has been designated 
a combat zone.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) CROSS-REFERENCE.—Subsection (b) of such section is 
amended by striking ‘‘theater of operations’’ and inserting ‘‘des-
ignated duty assignment’’. 
(2) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 437. 
Allowance 
to 
cover 
monthly 
premiums 
for 
Servicemembers’ Group Life Insurance: members 
serving in a designated duty assignment’’. 
(3) TABLE OF SECTIONS.—The item relating to section 437 
in the table of sections at the beginning of chapter 7 of such 
title is amended to read as follows: 
‘‘437. Allowance to cover monthly premium for Servicemembers’ Group Life Insur-
ance: members serving in a designated duty assignment.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to service by members of the Armed Forces in a des-
ignated duty assignment (as defined in subsection (a)(2) of section 
437 of title 37, United States Code) for any month beginning on 
or after the date of the enactment of this Act. 
SEC. 645. AUTHORITY FOR PAYMENT OF PAY AND ALLOWANCES AND 
RETIRED AND RETAINER PAY PURSUANT TO POWER OF 
ATTORNEY. 
Section 602 of title 37, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘, in the opinion of a board of medical 
officers or physicians,’’; and 
(B) by striking ‘‘use or benefit’’ and all that follows 
through ‘‘any person designated’’ and inserting the fol-
lowing: ‘‘use or benefit to— 
‘‘(1) a legal committee, guardian, or other representative 
that has been appointed by a court of competent jurisdiction; 
‘‘(2) an individual to whom the member has granted 
authority to manage such funds pursuant to a valid and legally 
executed durable power of attorney; or 
‘‘(3) any person designated’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The board shall consist’’ and inserting 
‘‘An individual may not be designated under subsection 
(a)(3) to receive payments unless a board consisting’’; and 
(B) by inserting ‘‘determines that the member is men-
tally incapable of managing the member’s affairs. Any such 
board shall be’’ after ‘‘treatment of mental disorders,’’; 
(3) in subsection (c), by striking ‘‘designated’’ and inserting 
‘‘authorized to receive payments’’; 
(4) in subsection (d), by inserting ‘‘, unless a court of 
competent jurisdiction orders payment of such fee, commission, 
or other charge’’ before the period; 
(5) by striking subsection (e); 
(6) by redesignating subsection (f) as subsection (e); and 
(7) in subsection (e), as redesignated by paragraph (6)— 
37 USC 437 note. 
37 USC 401 prec. 
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130 STAT. 2168 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) by inserting ‘‘under subsection (a)(3)’’ after ‘‘who 
is designated’’; and 
(B) by striking ‘‘$1,000’’ and inserting ‘‘$25,000’’. 
SEC. 646. EXTENSION OF AUTHORITY TO PAY SPECIAL SURVIVOR 
INDEMNITY ALLOWANCE UNDER THE SURVIVOR BENEFIT 
PLAN. 
Section 1450(m) of title 10, United States Code, is amended— 
(1) in paragraph (2)(I), by striking ‘‘fiscal year 2017’’ and 
inserting ‘‘each of fiscal years 2017 and 2018’’; and 
(2) in paragraph (6)— 
(A) by striking ‘‘September 30, 2017’’ and inserting 
‘‘May 31, 2018’’; and 
(B) by striking ‘‘October 1, 2017’’ both places it appears 
and inserting ‘‘June 1, 2018’’. 
SEC. 647. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED 
INJURY REHABILITATION PAY. 
(a) REPEAL.—Section 328 of title 37, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 5 of such title is amended by striking the item 
relating to section 328. 
SEC. 648. INDEPENDENT ASSESSMENT OF THE SURVIVOR BENEFIT 
PLAN. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 
provide for an independent assessment of the Survivor Benefit 
Plan (SBP) under subchapter II of chapter 73 of title 10, United 
States Code, by a Federally-funded research and development center 
(FFRDC). 
(b) ASSESSMENT ELEMENTS.—The assessment conducted pursu-
ant to subsection (a) shall include, but not be limited to, the fol-
lowing: 
(1) The purposes of the Survivor Benefit Plan, the manner 
in which the Plan interacts with other Federal programs to 
provide financial stability and resources for survivors of mem-
bers of the Armed Forces and military retirees, and a compari-
son between the benefits available under the Plan, on the 
one hand, and benefits available to Government and private 
sector employees, on the other hand, intended to provide finan-
cial stability and resources for spouses and other dependents 
when a primary family earner dies. 
(2) The effectiveness of the Survivor Benefit Plan in pro-
viding survivors with intended benefits, including the provision 
of survivor benefits for survivors of members of the Armed 
Forces dying on active duty and members dying while in reserve 
active-status. 
(3) The feasibility and advisability of providing survivor 
benefits through alternative insurance products available 
commercially for similar purposes, the extent to which the 
Government could subsidize such products at no cost in excess 
of the costs of the Survivor Benefit Plan, and the extent to 
which such products might meet the needs of survivors, espe-
cially those on fixed incomes, to maintain financial stability. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
37 USC 301 prec. 
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130 STAT. 2169 
PUBLIC LAW 114–328—DEC. 23, 2016 
a report setting forth the results of the assessment conducted pursu-
ant to subsection (a), together with such recommendations as the 
Secretary considers appropriate for legislative or administration 
action in light of the results of the assessment. 
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits and Operations 
SEC. 661. PROTECTION AND ENHANCEMENT OF ACCESS TO AND 
SAVINGS AT COMMISSARIES AND EXCHANGES. 
(a) OPTIMIZATION STRATEGY.—Section 2481(c) of title 10, United 
States Code, is amended by adding at the end the following para-
graph: 
‘‘(3)(A) The Secretary of Defense shall develop and implement 
a comprehensive strategy to optimize management practices across 
the defense commissary system and the exchange system that 
reduce reliance of those systems on appropriated funding without 
reducing benefits to the patrons of those systems or the revenue 
generated by nonappropriated fund entities or instrumentalities 
of the Department of Defense for the morale, welfare, and recreation 
of members of the armed forces. 
‘‘(B) The Secretary shall ensure that savings generated due 
to such optimization practices are shared by the defense commissary 
system and the exchange system through contracts or agreements 
that appropriately reflect the participation of the systems in the 
development and implementation of such practices. 
‘‘(C) If the Secretary determines that the reduced reliance on 
appropriated funding pursuant to subparagraph (A) is insufficient 
to maintain the benefits to the patrons of the defense commissary 
system, and if the Secretary converts the defense commissary 
system to a nonappropriated fund entity or instrumentality pursu-
ant to paragraph (1) of section 2484(j) of this title, the Secretary 
shall transfer appropriated funds pursuant to paragraph (2) of 
such section to ensure the maintenance of such benefits. 
‘‘(4) On not less than a quarterly basis, the Secretary shall 
provide to the congressional defense committees a briefing on the 
defense commissary system, including— 
‘‘(A) an assessment of the savings the system provides 
patrons; 
‘‘(B) the status of implementing section 2484(i) of this title; 
‘‘(C) the status of implementing section 2484(j) of this title, 
including whether the system requires any appropriated funds 
pursuant to paragraph (2) of such section; 
‘‘(D) the status of carrying out a program for such system 
to sell private label merchandise; and 
‘‘(E) any other matters the Secretary considers appro-
priate.’’. 
(b) AUTHORIZATION TO SUPPLEMENT APPROPRIATIONS THROUGH 
BUSINESS OPTIMIZATION.—Section 2483(c) of such title is amended 
by adding at the end the following new sentence: ‘‘Such appropriated 
amounts may also be supplemented with additional funds derived 
from improved management practices implemented pursuant to 
sections 2481(c)(3) and 2487(c) of this title and the variable pricing 
program implemented pursuant to section 2484(i) of this title.’’. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(c) VARIABLE PRICING PILOT PROGRAM.—Section 2484 of such 
title is amended by adding at the end the following new subsections: 
‘‘(i) VARIABLE PRICING PROGRAM.—(1) Notwithstanding sub-
section (e), and subject to subsection (k), the Secretary of Defense 
may establish a variable pricing program pursuant to which prices 
may be established in response to market conditions and customer 
demand, in accordance with the requirements of this subsection. 
Notwithstanding the amount of the uniform surcharge assessed 
in subsection (d), the Secretary may provide for an alternative 
surcharge of not more than five percent of sales proceeds under 
the variable pricing program to be made available for the purposes 
specified in subsection (h). 
‘‘(2) Subject to subsection (k), before establishing a variable 
pricing program under this subsection, the Secretary shall establish 
the following: 
‘‘(A) Specific, measurable benchmarks for success in the 
provision of high quality grocery merchandise, discount savings 
to patrons, and levels of customer satisfaction while achieving 
savings for the Department of Defense. 
‘‘(B) A baseline of overall savings to patrons achieved by 
commissary stores prior to the initiation of the variable pricing 
program, based on a comparison of prices charged by those 
stores on a regional basis with prices charged by relevant 
local competitors for a representative market basket of goods. 
‘‘(3) The Secretary shall ensure that the defense commissary 
system implements the variable pricing program by conducting 
price comparisons using the methodology established for paragraph 
(2)(B) and adjusting pricing as necessary to ensure that pricing 
in the variable pricing program achieves overall savings to patrons 
that are consistent with the baseline savings established for the 
relevant region pursuant to such paragraph. 
‘‘(j) CONVERSION
TO
NONAPPROPRIATED
FUND
ENTITY
OR 
INSTRUMENTALITY.—(1) Subject to subsection (k), if the Secretary 
of Defense determines that the variable pricing program has met 
the benchmarks for success established pursuant to paragraph 
(2)(A) of subsection (i) and the savings requirements established 
pursuant to paragraph (3) of such subsection over a period of 
at least six months, the Secretary may convert the defense com-
missary system to a nonappropriated fund entity or instrumentality, 
with operating expenses financed in whole or in part by receipts 
from the sale of products and the sale of services. Upon such 
conversion, appropriated funds shall be transferred to the defense 
commissary system only in accordance with paragraph (2) or section 
2491 of this title. The requirements of section 2483 of this title 
shall not apply to the defense commissary system operating as 
a nonappropriated fund entity or instrumentality. 
‘‘(2) If the Secretary determines that the defense commissary 
system operating as a nonappropriated fund entity or instrumen-
tality is likely to incur a loss in any fiscal year as a result of 
compliance with the savings requirement established in subsection 
(i), the Secretary shall authorize a transfer of appropriated funds 
available for such purpose to the commissary system in an amount 
sufficient to offset the anticipated loss. Any funds so transferred 
shall be considered to be nonappropriated funds for such purpose. 
‘‘(3)(A) The Secretary may identify positions of employees in 
the defense commissary system who are paid with appropriated 
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130 STAT. 2171 
PUBLIC LAW 114–328—DEC. 23, 2016 
funds whose status may be converted to the status of an employee 
of a nonappropriated fund entity or instrumentality. 
‘‘(B) The status and conversion of employees in a position 
identified by the Secretary under subparagraph (A) shall be 
addressed as provided in section 2491(c) of this title for employees 
in morale, welfare, and recreation programs, including with respect 
to requiring the consent of such employee to be so converted. 
‘‘(C) No individual who is an employee of the defense com-
missary system as of the date of the enactment of this subsection 
shall suffer any loss of or decrease in pay as a result of a conversion 
made under this paragraph. 
‘‘(k) OVERSIGHT REQUIRED TO ENSURE CONTINUED BENEFIT TO 
PATRONS.—(1) With respect to each action described in paragraph 
(2), the Secretary of Defense may not carry out such action until— 
‘‘(A) the Secretary provides to the congressional defense 
committees a briefing on such action, including a justification 
for such action; and 
‘‘(B) a period of 30 days has elapsed following such briefing. 
‘‘(2) The actions described in this paragraph are the following: 
‘‘(A) Establishing the representative market basket of goods 
pursuant to subsection (i)(2)(B). 
‘‘(B) Establishing the variable pricing program under sub-
section (i)(1). 
‘‘(C) Converting the defense commissary system to a non-
appropriated fund entity or instrumentality under subsection 
(j)(1).’’. 
(d) ESTABLISHMENT OF COMMON BUSINESS PRACTICES.—Section 
2487 of such title is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) COMMON BUSINESS PRACTICES.—(1) Notwithstanding sub-
sections (a) and (b), the Secretary of Defense may establish common 
business processes, practices, and systems— 
‘‘(A) to exploit synergies between the defense commissary 
system and the exchange system; and 
‘‘(B) to optimize the operations of the defense retail systems 
as a whole and the benefits provided by the commissaries 
and exchanges. 
‘‘(2) The Secretary may authorize the defense commissary 
system and the exchange system to enter into contracts or other 
agreements— 
‘‘(A) for products and services that are shared by the 
defense commissary system and the exchange system; and 
‘‘(B) for the acquisition of supplies, resale goods, and serv-
ices on behalf of both the defense commissary system and 
the exchange system. 
‘‘(3) For the purpose of a contract or agreement authorized 
under paragraph (2), the Secretary may— 
‘‘(A) use funds appropriated pursuant to section 2483 of 
this title to reimburse a nonappropriated fund entity or 
instrumentality for the portion of the cost of a contract or 
agreement entered by the nonappropriated fund entity or 
instrumentality that is attributable to the defense commissary 
system; and 
‘‘(B) authorize the defense commissary system to accept 
reimbursement from a nonappropriated fund entity or 
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130 STAT. 2172 
PUBLIC LAW 114–328—DEC. 23, 2016 
instrumentality for the portion of the cost of a contract or 
agreement entered by the defense commissary system that 
is attributable to the nonappropriated fund entity or instrumen-
tality.’’. 
(e) AUTHORITY FOR EXPERT COMMERCIAL ADVICE.—Section 2485 
of such title is amended by adding at the end the following new 
subsection: 
‘‘(i) EXPERT COMMERCIAL ADVICE.—The Secretary of Defense 
may enter into a contract with an entity to obtain expert commercial 
advice, commercial assistance, or other similar services not other-
wise carried out by the Defense Commissary Agency, to implement 
section 2481(c), subsections (i) and (j) of section 2484, and section 
2487(c) of this title.’’. 
(f) 
CLARIFICATION
OF
REFERENCES
TO
‘‘THE
EXCHANGE 
SYSTEM’’.—Section 2481(a) of such title is amended by adding at 
the end the following new sentence: ‘‘ Any reference in this chapter 
to ‘the exchange system’ shall be treated as referring to each sepa-
rate administrative entity within the Department of Defense 
through which the Secretary has implemented the requirement 
under this subsection for a world-wide system of exchange stores.’’. 
(g) OPERATION OF DEFENSE COMMISSARY SYSTEM AS A NON-
APPROPRIATED FUND ENTITY.—In the event that the defense com-
missary system is converted to a nonappropriated fund entity or 
instrumentality as authorized by section 2484(j)(1) of title 10, 
United States Code, as added by subsection (c) of this section, 
the Secretary of Defense may— 
(1) provide for the transfer of commissary assets, including 
inventory and available funds, to the nonappropriated fund 
entity or instrumentality; and 
(2) ensure that revenues accruing to the defense com-
missary system are appropriately credited to the non-
appropriated fund entity or instrumentality. 
(h) CONFORMING CHANGE.—Section 2643(b) of such title is 
amended by adding at the end the following new sentence: ‘‘Such 
appropriated funds may be supplemented with additional funds 
derived from improved management practices implemented pursu-
ant to sections 2481(c)(3) and 2487(c) of this title.’’. 
SEC. 662. ACCEPTANCE OF MILITARY STAR CARD AT COMMISSARIES. 
(a) IN GENERAL.—The Secretary of Defense shall ensure that— 
(1) commissary stores accept as payment the Military Star 
Card; and 
(2) any financial liability of the United States relating 
to such acceptance as payment be assumed by the Army and 
Air Force Exchange Service. 
(b) MILITARY STAR CARD DEFINED.—In this section, the term 
‘‘Military Star Card’’ means a credit card administered under the 
Exchange Credit Program by the Army and Air Force Exchange 
Service. 
10 USC 2485 
note. 
10 USC 2484 
note. 
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130 STAT. 2173 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle F—Other Matters 
SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES 
BY MEMBERS OF THE UNIFORMED SERVICES. 
(a) STATUTE OF LIMITATIONS.—Section 1007(c)(3) of title 37, 
United States Code, is amended by adding at the end the following 
new subparagraphs: 
‘‘(C)(i) In accordance with clause (ii), if the indebtedness of 
a member of the uniformed services to the United States occurs, 
through no fault of the member, as a result of the overpayment 
of pay or allowances to the member or upon the settlement of 
the member’s accounts, the Secretary concerned may not recover 
the indebtedness from the member, including a retired or former 
member, using deductions from the pay of the member, deductions 
from retired or separation pay, or any other collection method 
unless recovery of the indebtedness commences before the end of 
the 10-year period beginning on the date on which the indebtedness 
was incurred. 
‘‘(ii) Clause (i) applies with respect to indebtedness incurred 
on or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2017. 
‘‘(D)(i) Not later than January 1 of each of 2017 through 2027, 
the Director of the Defense Finance and Accounting Service shall 
review all cases occurring during the 10-year period prior to the 
date of the review of indebtedness of a member of the uniformed 
services, including a retired or former member, to the United States 
in which— 
‘‘(I) the recovery of the indebtedness commenced after the 
end of the 10-year period beginning on the date on which 
the indebtedness was incurred; or 
‘‘(II) the Director did not otherwise notify the member 
of such indebtedness during such 10-year period. 
‘‘(ii) The Director shall submit to the congressional defense 
committees and the Committees on Veterans’ Affairs of the House 
of Representatives and the Senate each review conducted under 
clause (i), including the amounts owed to the United States by 
the members included in such review.’’. 
(b) REMISSION
OR
CANCELLATION
OF
INDEBTEDNESS
OF 
RESERVES NOT ON ACTIVE DUTY.— 
(1) ARMY.—Section 4837(a) of title 10, United States Code, 
is amended by striking ‘‘on active duty as a member of the 
Army’’ and inserting ‘‘as a member of the Army, whether as 
a regular or a reserve in active status’’. 
(2) NAVY.—Section 6161(a) of such title is amended by 
striking ‘‘on active duty as a member of the naval service’’ 
and inserting ‘‘as a member of the naval service, whether 
as a regular or a reserve in active status’’. 
(3) AIR FORCE.—Section 9837(a) of such title is amended 
by striking ‘‘on active duty as a member of the Air Force’’ 
and inserting ‘‘as a member of the Air Force, whether as a 
regular or a reserve in active status’’. 
(4) COAST GUARD.—Section 461(1) of title 14, United States 
Code, is amended by striking ‘‘on active duty as a member 
of the Coast Guard’’ and inserting ‘‘as a member of the Coast 
Guard, whether as a regular or a reserve in active status’’. 
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130 STAT. 2174 
PUBLIC LAW 114–328—DEC. 23, 2016 
(5) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on the date of the enactment of this 
Act, and shall apply with respect to debt incurred on or after 
October 7, 2001. 
(c) BENEFITS PAID
TO MEMBERS
OF CALIFORNIA NATIONAL 
GUARD.— 
(1) REVIEW OF CERTAIN BENEFITS PAID.— 
(A) IN GENERAL.—The Secretary of Defense shall con-
duct a review of all bonus pays, special pays, student 
loan repayments, and similar special payments that were 
paid to members of the National Guard of the State of 
California during the period beginning on January 1, 2004, 
and ending on December 31, 2015. 
(B) EXCEPTION.—A review is not required under this 
paragraph for benefits paid as described in subparagraph 
(A) that were reviewed before the date of the enactment 
of this Act and in which fraud or other ineligibility was 
identified in connection with payment. 
(C) CONDUCT OF REVIEW.—The Secretary shall estab-
lish a process to expedite the review required by this para-
graph. The Secretary shall allocate appropriate personnel 
and other resources of the Department of Defense for the 
process, and for such other purposes as the Secretary con-
siders appropriate, in order to achieve the completion of 
the review by the date specified in subparagraph (D). 
(D) COMPLETION.—The review required by this para-
graph shall be completed by not later than July 30, 2017. 
(2) REVIEW.— 
(A) IN GENERAL.—In conducting the review of benefits 
paid to members of the National Guard of the State of 
California pursuant to paragraph (1), the board of review 
concerned shall— 
(i) carry out a complete review of all bonus pay 
and special pay contracts awarded to such members 
during the period described in paragraph (1)(A) for 
which the Department has reason to believe a 
recoupment of pay may be warranted in order to deter-
mine whether such members were eligible for the con-
tracts so awarded and whether the contracts so 
awarded accurately specified the amounts of pay for 
which members were eligible; 
(ii) carry out a complete review of all student loan 
repayment contracts awarded to such members during 
the period for which the Department has reason to 
believe a recoupment of payment may be warranted 
in order to determine whether such members were 
eligible for the contracts so awarded and whether the 
contracts so awarded accurately specified the amounts 
of payment for which members were eligible; 
(iii) carry out a complete review of any other 
similar special payments paid to such members during 
the period for which the Department has reason to 
believe a recoupment of payments may be warranted 
in order to determine whether such members were 
eligible for payment and in such amount; 
(iv) if any member is determined not to have been 
eligible for a bonus pay, special pay, student loan 
10 USC 4837 
note. 
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130 STAT. 2175 
PUBLIC LAW 114–328—DEC. 23, 2016 
repayment, or other special payment paid, determine 
whether waiver of recoupment is warranted; and 
(v) if any bonus pay, special pay, student loan 
repayment, or other special payment paid to any such 
member during the period has been recouped, deter-
mine whether the recoupment was unwarranted. 
(B) WAIVER OF RECOUPMENT.—For purposes of clause 
(iv) of subparagraph (A), the board of review shall deter-
mine that waiver of recoupment is warranted with respect 
to a particular member unless the board makes an affirma-
tive determination, by a preponderance of the evidence, 
that the member knew or reasonably should have known 
that the member was ineligible for the bonus pay, special 
pay, student loan repayment, or other special payment 
otherwise subject to recoupment. 
(C) PROPRIETY
OF
RECOUPMENT.—For purposes of 
clause (v) of subparagraph (A), the board of review shall 
determine that recoupment was unwarranted with respect 
to a particular member unless the board makes an affirma-
tive determination, by a preponderance of the evidence, 
that the member knew or reasonably should have known 
that the member was ineligible for the bonus pay, special 
pay, student loan repayment, or other special payment 
recouped. 
(D) STANDARD OF REVIEW.—In applying subparagraph 
(B) or (C) in making a determination under clause (iv) 
or (v) of subparagraph (A), as applicable, with respect 
to a member, the board of review shall evaluate the evi-
dence in a light most favorable to the member. 
(3) PARTICIPATION OF MEMBERS.— 
(A) IN GENERAL.—A member subject to a determination 
under clause (iv) or (v) of paragraph (2)(A) may submit 
to the board of review concerned such documentary and 
other evidence as the member considers appropriate to 
assist the board of review in the determination. 
(B) NOTICE.—The Secretary shall notify, in writing, 
each member subject to a determination under clause (iv) 
or (v) of paragraph (2)(A) of the review under paragraph 
(1) and the applicability of the determination process under 
such clause to such member. The notice shall be provided 
at a time designed to give each member a reasonable 
opportunity to submit documentary and other evidence as 
authorized by subparagraph (A). The notice shall provide 
each member the following: 
(i) Notice of the opportunity for such member to 
submit evidence to assist the board of review. 
(ii) A description of resources available to such 
member to submit such evidence. 
(C) CONSIDERATION.—In making a determination under 
clause (iv) or (v) of paragraph (2)(A) with respect to a 
member, the board of review shall undertake a comprehen-
sive review of any submissions made by the member pursu-
ant to this paragraph. 
(4) ACTIONS FOLLOWING REVIEW.— 
(A) WAIVER OF RECOUPMENT.—Upon completion of a 
review pursuant to paragraph (2)(A)(iv) with respect to 
a member— 
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130 STAT. 2176 
PUBLIC LAW 114–328—DEC. 23, 2016 
(i) the board of review shall submit to the Secretary 
concerned a notice setting forth— 
(I) the determination of the board pursuant 
to that paragraph with respect to the member; 
and 
(II) the recommendation of the board whether 
or not the recoupment of the bonus pay, special 
pay, student loan repayment, or other special pay-
ment covered by the determination should be 
waived; and 
(ii) the Secretary may waive recoupment of the 
pay, repayment, or other payment from the member. 
(B) REPAYMENT OF AMOUNT RECOUPED.—Upon comple-
tion of a review pursuant to paragraph (2)(A)(v) with 
respect to a member— 
(i) the board of review shall submit to the Secretary 
concerned a notice setting forth— 
(I) the determination of the board pursuant 
to that paragraph with respect to the member; 
and 
(II) the recommendation of the board whether 
or not the recouped bonus pay, special pay, student 
loan repayment, or other special payment covered 
by the determination should be repaid the member; 
and 
(ii) the Secretary may repay the member the 
amount so recouped. 
(C) CONSUMER CREDIT AND RELATED MATTERS.—If the 
Secretary concerned waives recoupment of a bonus pay, 
special pay, student loan repayment, or other special pay-
ment paid a member pursuant to paragraph (4)(A)(ii), or 
repays a member an amount of a bonus pay, special pay, 
student loan repayment, or other special payment recouped 
pursuant to paragraph (4)(B)(ii), the Secretary shall— 
(i) in the event the Secretary had previously noti-
fied a consumer reporting agency of the existence of 
the debt subject to the relief granted the member 
pursuant to this paragraph, notify such consumer 
reporting agency that such debt was never valid; and 
(ii) if the member is experiencing or has experi-
enced financial hardship as a result of the actions 
of the United States to obtain recoupment of such 
debt, assist the member, to the extent practicable, 
in addressing such financial hardship in accordance 
with such mechanisms as the Secretary shall develop 
for purposes of this clause. 
(D) EFFECT
OF
CONSUMER
CREDIT
NOTIFICATION.—A 
consumer reporting agency notified of the invalidity of a 
debt pursuant to subparagraph (C)(i) may not, after the 
date of the notice, make any consumer report containing 
any information relating to the debt. 
(E) DEFINITIONS.—In this paragraph, the terms ‘‘con-
sumer reporting agency’’ and ‘‘consumer report’’ have the 
meaning given such terms in section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a). 
(5) FUNDING.—Amounts for activities under this subsection, 
including for the conduct of the review required by paragraph 
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130 STAT. 2177 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1), for activities in connection with the review, for repayments 
pursuant to paragraph (4)(B), and for activities under para-
graph (4)(C), shall be derived from amounts available for the 
National Guard of the United States for the State of California. 
(6) SECRETARY OF DEFENSE REPORT.— 
(A) IN GENERAL.—Not later than August 1, 2017, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report on the review conducted pursuant to para-
graph (1). 
(B) ELEMENTS.—The report under this paragraph shall 
include the following: 
(i) The total amount of bonus pays, special pays, 
student loan repayments, and other special pays paid 
to members of the National Guard of the State of 
California during the period beginning on September 
1, 2001, and ending on December 31, 2015. 
(ii) The number of bonus pay and special pay con-
tracts reviewed pursuant to paragraph (2)(A)(i), and 
the amounts of such pays paid under each such con-
tract. 
(iii) The number of student loan repayment con-
tracts reviewed pursuant to paragraph (2)(A)(ii), and 
the amounts of such payments made pursuant to each 
such contract. 
(iv) The number of other special pay payments 
reviewed pursuant to paragraph (2)(A)(iii), and the 
amounts of such payments made to each particular 
member so paid. 
(v) The number of bonus pay and special pay con-
tracts, student loan repayments, and other special pay 
payments that were determined pursuant to the review 
to be paid in error, and the total amount, if any, 
recouped from each member concerned. 
(vi) Any additional fraud or other ineligibility 
identified in the course of the review in the payment 
of bonus pays, special pays, student loan repayments, 
and other special pays paid to the members of the 
National Guard of the State of California during the 
period beginning on September 1, 2001, and ending 
on December 31, 2015. 
(7) COMPTROLLER GENERAL REPORT.— 
(A) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report on the actions of the National Guard of 
the State of California relating to the payment of bonus 
pays, special pays, student loan repayments, and other 
special pays from 2004 through 2015. 
(B) ELEMENTS.—The report under this paragraph shall 
include the following: 
(i) An assessment whether the National Guard 
of the State of California and the National Guard 
Bureau have established policies and procedures that 
will minimize the chance of improper payment of such 
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130 STAT. 2178 
PUBLIC LAW 114–328—DEC. 23, 2016 
pays and repayments and of managerial abuse in the 
payment of such pays and repayments. 
(ii) An assessment whether the procedures, proc-
esses, and resources of the Defense Finance and 
Accounting Service and the Defense Office of Hearings 
and Appeals were appropriate to identify and respond 
to fraud or other ineligibility in connection with the 
payment of such pays and repayments, and to do so 
in a timely manner. 
(iii) Any recommendations the Comptroller Gen-
eral considers appropriate to streamline the procedures 
and processes for the waiver of recoupment of the 
payment of such pays and repayments by the United 
States when recoupment is unwarranted. 
SEC. 672. MODIFICATION OF FLAT RATE PER DIEM REQUIREMENT 
FOR PERSONNEL ON LONG-TERM TEMPORARY DUTY 
ASSIGNMENTS. 
(a) MODIFICATION OF FLAT RATE.— 
(1) IN GENERAL.—The Secretary of Defense shall take such 
action as may be necessary to provide that, to the extent 
that regulations implementing travel and transportation 
authorities for military and civilian personnel of the Depart-
ment of Defense impose a flat rate per diem for meals and 
incidental expenses for authorized travelers on long-term tem-
porary duty assignments that is at a reduced rate compared 
to the per diem rate otherwise applicable, the Secretary con-
cerned may waive the applicability of such reduced rate and 
pay such travelers actual expenses up to the full per diem 
rate for such travel in any case when the Secretary concerned 
determines that the reduced flat rate per diem for meals and 
incidental expenses is not sufficient under the circumstances 
of the temporary duty assignment. 
(2) APPLICABILITY.—The Secretary concerned may exercise 
the authority provided pursuant to paragraph (1) with respect 
to per diem payable for any day on or after the date of the 
enactment of this Act. 
(b) DELEGATION
OF AUTHORITY.—The authority pursuant to 
subsection (a) may be delegated by the Secretary concerned to 
an officer at the level of lieutenant general or vice admiral, or 
above. Such authority may not be delegated to an officer below 
that level. 
(c) WAIVER OF COLLECTION OF RECEIPTS.—The Secretary con-
cerned or an officer to whom the authority pursuant to subsection 
(a) is delegated pursuant to subsection (b) may waive any require-
ment for the submittal of receipts by travelers on long-term tem-
porary duty assignments for the purpose of receiving the full per 
diem rate pursuant to subsection (a) if the Secretary concerned 
or officer, as described in subsection (b), personally certifies that 
requiring travelers to submit receipts for that purpose will nega-
tively affect mission performance or create an undue administrative 
burden. 
(d) SECRETARY CONCERNED DEFINED.—In this section, the term 
‘‘Secretary concerned’’ has the meaning given that term in section 
101 of title 37, United States Code. 
37 USC 474 note. 
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130 STAT. 2179 
PUBLIC LAW 114–328—DEC. 23, 2016 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Reform of TRICARE and Military Health System 
Sec. 701. TRICARE Select and other TRICARE reform. 
Sec. 702. Reform of administration of the Defense Health Agency and military med-
ical treatment facilities. 
Sec. 703. Military medical treatment facilities. 
Sec. 704. Access to urgent and primary care under TRICARE program. 
Sec. 705. Value-based purchasing and acquisition of managed care support con-
tracts for TRICARE program. 
Sec. 706. Establishment of high performance military-civilian integrated health de-
livery systems. 
Sec. 707. Joint Trauma System. 
Sec. 708. Joint Trauma Education and Training Directorate. 
Sec. 709. Standardized system for scheduling medical appointments at military 
treatment facilities. 
Subtitle B—Other Health Care Benefits 
Sec. 711. Extended TRICARE program coverage for certain members of the Na-
tional Guard and dependents during certain disaster response duty. 
Sec. 712. Continuity of health care coverage for Reserve Components. 
Sec. 713. Provision of hearing aids to dependents of retired members. 
Sec. 714. Coverage of medically necessary food and vitamins for certain conditions 
under the TRICARE program. 
Sec. 715. Eligibility of certain beneficiaries under the TRICARE program for par-
ticipation in the Federal Employees Dental and Vision Insurance Pro-
gram. 
Sec. 716. Applied behavior analysis. 
Sec. 717. Evaluation and treatment of veterans and civilians at military treatment 
facilities. 
Sec. 718. Enhancement of use of telehealth services in military health system. 
Sec. 719. Authorization of reimbursement by Department of Defense to entities car-
rying out State vaccination programs for costs of vaccines provided to 
covered beneficiaries. 
Subtitle C—Health Care Administration 
Sec. 721. Authority to convert military medical and dental positions to civilian 
medical and dental positions. 
Sec. 722. Prospective payment of funds necessary to provide medical care for the 
Coast Guard. 
Sec. 723. Reduction of administrative requirements relating to automatic renewal 
of enrollments in TRICARE Prime. 
Sec. 724. Modification of authority of Uniformed Services University of the Health 
Sciences to include undergraduate and other medical education and 
training programs. 
Sec. 725. Adjustment of medical services, personnel authorized strengths, and in-
frastructure in military health system to maintain readiness and core 
competencies of health care providers. 
Sec. 726. Program to eliminate variability in health outcomes and improve quality 
of health care services delivered in military medical treatment facilities. 
Sec. 727. Acquisition strategy for health care professional staffing services. 
Sec. 728. Adoption of core quality performance metrics. 
Sec. 729. Improvement of health outcomes and control of costs of health care under 
TRICARE program through programs to involve covered beneficiaries. 
Sec. 730. Accountability for the performance of the military health system of cer-
tain leaders within the system. 
Sec. 731. Establishment of advisory committees for military treatment facilities. 
Subtitle D—Reports and Other Matters 
Sec. 741. Extension of authority for joint Department of Defense-Department of 
Veterans Affairs Medical Facility Demonstration Fund and report on 
implementation of information technology capabilities. 
Sec. 742. Pilot program on expansion of use of physician assistants to provide men-
tal health care to members of the Armed Forces. 
Sec. 743. Pilot program for prescription drug acquisition cost parity in the 
TRICARE pharmacy benefits program. 
Sec. 744. Pilot program on display of wait times at urgent care clinics and phar-
macies of military medical treatment facilities. 
Sec. 745. Requirement to review and monitor prescribing practices at military 
treatment facilities of pharmaceutical agents for treatment of post-trau-
matic stress. 
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130 STAT. 2180 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 746. Department of Defense study on preventing the diversion of opioid medi-
cations. 
Sec. 747. Incorporation into survey by Department of Defense of questions on expe-
riences of members of the Armed Forces with family planning services 
and counseling. 
Sec. 748. Assessment of transition to TRICARE program by families of members of 
reserve components called to active duty and elimination of certain 
charges for such families. 
Sec. 749. Oversight of graduate medical education programs of military depart-
ments. 
Sec. 750. Study on health of helicopter and tiltrotor pilots. 
Sec. 751. Comptroller General reports on health care delivery and waste in military 
health system. 
Subtitle A—Reform of TRICARE and 
Military Health System 
SEC. 701. TRICARE SELECT AND OTHER TRICARE REFORM. 
(a) ESTABLISHMENT OF TRICARE SELECT.— 
(1) IN GENERAL.—Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1074n the following 
new section: 
‘‘§ 1075. TRICARE Select 
‘‘(a) ESTABLISHMENT.—(1) Not later than January 1, 2018, the 
Secretary of Defense shall establish a self-managed, preferred-pro-
vider network option under the TRICARE program. Such option 
shall be known as ‘TRICARE Select’. 
‘‘(2) The Secretary shall establish TRICARE Select in all areas. 
Under TRICARE Select, eligible beneficiaries will not have restric-
tions on the freedom of choice of the beneficiary with respect to 
health care providers. 
‘‘(b) ENROLLMENT ELIGIBILITY.—(1) The beneficiary categories 
for purposes of eligibility to enroll in TRICARE Select and cost- 
sharing requirements applicable to such category are as follows: 
‘‘(A) An ‘active-duty family member’ category that consists 
of beneficiaries who are covered by section 1079 of this title 
(as dependents of active duty members). 
‘‘(B) A ‘retired’ category that consists of beneficiaries cov-
ered by subsection (c) of section 1086 of this title, other than 
Medicare-eligible beneficiaries described in subsection (d)(2) of 
such section. 
‘‘(C) A ‘reserve and young adult’ category that consists 
of beneficiaries who are covered by— 
‘‘(i) section 1076d of this title; 
‘‘(ii) section 1076e; or 
‘‘(iii) section 1110b. 
‘‘(2) A covered beneficiary who elects to participate in TRICARE 
Select shall enroll in such option under section 1099 of this title. 
‘‘(c) COST-SHARING REQUIREMENTS.—The cost-sharing require-
ments under TRICARE Select are as follows: 
‘‘(1) With respect to beneficiaries in the active-duty family 
member category or the retired category by reason of being 
a member or former member of the uniformed services who 
originally enlists or is appointed in the uniformed services 
on or after January 1, 2018, or by reason of being a dependent 
of such a member, the cost-sharing requirements shall be cal-
culated pursuant to subsection (d)(1). 
10 USC 1075. 
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130 STAT. 2181 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2)(A) Except as provided by subsection (e), with respect 
to beneficiaries described in subparagraph (B) in the active- 
duty family member category or the retired category, the cost- 
sharing requirements shall be calculated as if the beneficiary 
were enrolled in TRICARE Extra or TRICARE Standard as 
if TRICARE Extra or TRICARE Standard, as the case may 
be, were still being carried out by the Secretary. 
‘‘(B) Beneficiaries described in this subparagraph are bene-
ficiaries who are eligible to enroll in the TRICARE program 
by reason of being a member or former member of the uni-
formed services who originally enlists or is appointed in the 
uniformed services before January 1, 2018, or by reason of 
being a dependent of such a member. 
‘‘(3) With respect to beneficiaries in the reserve and young 
adult category, the cost-sharing requirements shall be cal-
culated pursuant to subsection (d)(1) as if the beneficiary were 
in the active-duty family member category or the retired cat-
egory, as applicable, except that the premiums calculated pursu-
ant to section 1076d, 1076e, or 1110b of this title, as the 
case may be, shall apply instead of any enrollment fee required 
under this section. 
‘‘(d) COST-SHARING AMOUNTS
FOR CERTAIN BENEFICIARIES.— 
(1) Beneficiaries described in subsection (c)(1) enrolled in TRICARE 
Select shall be subject to cost-sharing requirements in accordance 
with the amounts and percentages under the following table during 
calendar year 2018 and as such amounts are adjusted under para-
graph (2) for subsequent years: 
‘‘TRICARE Select 
Active-Duty Family 
Member 
(Individual/Family) 
Retired 
(Individual/Family) 
Annual Enroll-
ment 
$0 
$450 / $900 
Annual deduct-
ible 
E4 & below: $50 / $100 
$150 / $300 Network 
E5 & above: $150 / $300 
$300 / $600 out of net-
work 
Annual cata-
strophic cap 
$1,000 
$3,500 
Outpatient visit 
civilian net-
work 
$15 primary care 
$25 primary care 
$25 specialty care 
$40 specialty care 
Out of network: 20% 
25% of out of network 
ER visit civilian 
network 
$40 network 
$80 network 
20% out of network 
25% out of network 
Urgent care ci-
vilian network 
$20 network 
$40 network 
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130 STAT. 2182 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘TRICARE Select 
Active-Duty Family 
Member 
(Individual/Family) 
Retired 
(Individual/Family) 
20% out of network 
25% out of network 
Ambulatory 
surgery civilian 
network 
$25 network 
$95 network 
20% out of network 
25% out of network 
Ambulance ci-
vilian network 
$15 
$60 
Durable med-
ical equipment 
civilian net-
work 
10% of negotiated fee 
20% network 
Inpatient visit 
civilian net-
work 
$60 per network admis-
sion 
$175 per admission net-
work 
20% out of network 
25% out of network 
Inpatient 
skilled nursing/ 
rehab civilian 
$25 per day network 
$50 per day network 
$50 per day out of net-
work 
Lesser of $300 per day 
or 20% of billed 
charges out of network 
‘‘(2) Each dollar amount expressed as a fixed dollar amount 
in the table set forth in paragraph (1), and the amounts specified 
under paragraphs (1) and (2) of subsection (e), shall be annually 
indexed to the amount by which retired pay is increased under 
section 1401a of this title, rounded to the next lower multiple 
of $1. The remaining amount above such multiple of $1 shall 
be carried over to, and accumulated with, the amount of the increase 
for the subsequent year or years and made when the aggregate 
amount of increases carried over under this clause for a year 
is $1 or more. 
‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps 
under this section are on a calendar-year basis. 
‘‘(e) EXCEPTIONS TO CERTAIN COST-SHARING AMOUNTS FOR CER-
TAIN BENEFICIARIES ELIGIBLE PRIOR TO 2018.—(1) Subject to para-
graph (4), and in accordance with subsection (d)(2), the Secretary 
shall establish an annual enrollment fee for beneficiaries described 
in subsection (c)(2)(B) in the retired category who enroll in 
TRICARE Select (other than such beneficiaries covered by para-
graph (3)). Such enrollment fee shall be $150 for an individual 
and $300 for a family. 
‘‘(2) For the calendar year for which the Secretary first estab-
lishes the annual enrollment fee under paragraph (1), the Secretary 
shall adjust the catastrophic cap amount to be $3,500 for bene-
ficiaries described in subsection (c)(2)(B) in the retired category 
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130 STAT. 2183 
PUBLIC LAW 114–328—DEC. 23, 2016 
who are enrolled in TRICARE Select (other than such beneficiaries 
covered by paragraph (3)). 
‘‘(3) The enrollment fee established pursuant to paragraph (1) 
and the catastrophic cap adjusted under paragraph (2) for bene-
ficiaries described in subsection (c)(2)(B) in the retired category 
shall not apply with respect to the following beneficiaries: 
‘‘(A) Retired members and the family members of such 
members covered by paragraph (1) of section 1086(c) of this 
title by reason of being retired under chapter 61 of this title 
or being a dependent of such a member. 
‘‘(B) Survivors covered by paragraph (2) of such section 
1086(c). 
‘‘(4) The Secretary may not establish an annual enrollment 
fee under paragraph (1) until 90 days has elapsed following the 
date on which the Comptroller General of the United States is 
required to submit the review under paragraph (5). 
‘‘(5) Not later than February 1, 2020, the Comptroller General 
of the United States shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate a review 
of the following: 
‘‘(A) Whether health care coverage for covered beneficiaries 
has changed since the enactment of this section. 
‘‘(B) Whether covered beneficiaries are able to obtain 
appointments for health care according to the access standards 
established by the Secretary of Defense. 
‘‘(C) The percent of network providers that accept new 
patients under the TRICARE program. 
‘‘(D) The satisfaction of beneficiaries under TRICARE 
Select. 
‘‘(f) EXCEPTION TO COST-SHARING REQUIREMENTS FOR TRICARE 
FOR LIFE BENEFICIARIES.—A beneficiary enrolled in TRICARE for 
Life is subject to cost-sharing requirements pursuant to section 
1086(d)(3) of this title and calculated as if the beneficiary were 
enrolled in TRICARE Standard as if TRICARE Standard were 
still being carried out by the Secretary. 
‘‘(g) CONSTRUCTION.—Nothing in this section may be construed 
as affecting the availability of TRICARE Prime and TRICARE 
for Life or the cost-sharing requirements for TRICARE for Life 
under section 1086(d)(3) of this title. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The terms ‘active-duty family member category’, 
‘retired category’, and ‘reserve and young adult category’ mean 
the respective categories of TRICARE Select enrollment 
described in subsection (b). 
‘‘(2) The term ‘network’ means— 
‘‘(A) with respect to health care services, such services 
provided to beneficiaries by TRICARE-authorized civilian 
health care providers who have entered into a contract 
under this chapter with a contractor under the TRICARE 
program; and 
‘‘(B) with respect to providers, civilian health care pro-
viders who have agreed to accept a pre-negotiated rate 
as the total charge for services provided by the provider 
and to file claims for beneficiaries. 
‘‘(3) The term ‘out-of-network’ means, with respect to health 
care services, such services provided by TRICARE-authorized 
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130 STAT. 2184 
PUBLIC LAW 114–328—DEC. 23, 2016 
civilian providers who have not entered into a contract under 
this chapter with a contractor under the TRICARE program.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 55 of title 10, United States Code, is 
amended by inserting after the item relating to section 1074n, 
the following new item: 
‘‘1075. TRICARE Select.’’. 
(b) TRICARE PRIME COST SHARING.— 
(1) IN GENERAL.—Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1075, as added 
by subsection (a), the following new section: 
‘‘§ 1075a. TRICARE Prime: cost sharing 
‘‘(a) COST-SHARING REQUIREMENTS.—The cost-sharing require-
ments under TRICARE Prime are as follows: 
‘‘(1) There are no cost-sharing requirements for bene-
ficiaries who are covered by section 1074(a) of this title. 
‘‘(2) With respect to beneficiaries in the active-duty family 
member category or the retired category (as described in section 
1075(b)(1) of this title) by reason of being a member or former 
member of the uniformed services who originally enlists or 
is appointed in the uniformed services on or after January 
1, 2018, or by reason of being a dependent of such a member, 
the cost-sharing requirements shall be calculated pursuant to 
subsection (b)(1). 
‘‘(3)(A) With respect to beneficiaries described in subpara-
graph (B) in the active-duty family member category or the 
retired category (as described in section 1075(b)(1) of this title), 
the cost-sharing requirements shall be calculated in accordance 
with the other provisions of this chapter without regard to 
subsection (b). 
‘‘(B) Beneficiaries described in this subparagraph are bene-
ficiaries who are eligible to enroll in the TRICARE program 
by reason of being a member or former member of the uni-
formed services who originally enlists or is appointed in the 
uniformed services before January 1, 2018, or by reason of 
being a dependent of such a member. 
‘‘(b) COST-SHARING AMOUNTS.—(1) Beneficiaries described in 
subsection (a)(2) enrolled in TRICARE Prime shall be subject to 
cost-sharing requirements in accordance with the amounts and 
percentages under the following table during calendar year 2018 
and as such amounts are adjusted under paragraph (2) for subse-
quent years: 
‘‘TRICARE Prime 
Active-Duty Family 
Member 
(Individual/Family) 
Retired 
(Individual/Family) 
Annual Enroll-
ment 
$0 
$350 / $700 
Annual deduct-
ible 
No 
No 
10 USC 1075a. 
10 USC 1071 
prec. 
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130 STAT. 2185 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘TRICARE Prime 
Active-Duty Family 
Member 
(Individual/Family) 
Retired 
(Individual/Family) 
Annual cata-
strophic cap 
$1,000 
$3,500 
Outpatient visit 
civilian network 
$0 
$20 primary care 
$30 specialty care 
ER visit civilian 
network 
$0 
$60 network 
Urgent care civil-
ian network 
$0 
$30 network 
Ambulatory sur-
gery civilian net-
work 
$0 
$60 network 
Ambulance civil-
ian network 
$0 
$40 
Durable medical 
equipment civil-
ian network 
$0 
20% of negotiated fee, 
network 
Inpatient visit ci-
vilian network 
$0 
$150 per admission 
Inpatient skilled 
nursing/rehab ci-
vilian 
$0 
$30 per day network 
‘‘(2) Each dollar amount expressed as a fixed dollar amount 
in the table set forth in paragraph (1) shall be annually indexed 
to the amount by which retired pay is increased under section 
1401a of this title, rounded to the next lower multiple of $1. The 
remaining amount above such multiple of $1 shall be carried over 
to, and accumulated with, the amount of the increase for the subse-
quent year or years and made when the aggregate amount of 
increases carried over under this clause for a year is $1 or more. 
‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps 
under this section are on a calendar-year basis. 
‘‘(c) SPECIAL RULE FOR AMOUNTS WITHOUT REFERRALS.—Not-
withstanding subsection (b)(1), the cost-sharing amount for a bene-
ficiary enrolled in TRICARE Prime who does not obtain a referral 
for care under paragraph (1) of section 1075f(a) of this title (or 
a waiver pursuant to paragraph (2) of such section for such care) 
shall be an amount equal to 50 percent of the allowed point- 
of-service charge for such care.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 55 of title 10, United States Code, is 
10 USC 1071 
prec. 
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130 STAT. 2186 
PUBLIC LAW 114–328—DEC. 23, 2016 
amended by inserting after the item relating to section 1075, 
as added by subsection (a), the following new item: 
‘‘1075a. TRICARE Prime: cost sharing.’’. 
(c) REFERRALS AND PREAUTHORIZATION FOR TRICARE PRIME.— 
Section 1095f of title 10, United States Code, is amended to read 
as follows: 
‘‘§ 1095f. TRICARE program: referrals and preauthorizations 
under TRICARE Prime 
‘‘(a) REFERRALS.—(1) Except as provided by paragraph (2), a 
beneficiary enrolled in TRICARE Prime shall be required to obtain 
a referral for care through a designated primary care manager 
(or other care coordinator) prior to obtaining care under the 
TRICARE program. 
‘‘(2) The Secretary may waive the referral requirement in para-
graph (1) in such circumstances as the Secretary may establish 
for purposes of this subsection. 
‘‘(3) The cost-sharing amounts for a beneficiary enrolled in 
TRICARE Prime who does not obtain a referral for care under 
paragraph (1) (or a waiver pursuant to paragraph (2) for such 
care) shall be determined under section 1075a(c) of this title. 
‘‘(b) PREAUTHORIZATION.—A beneficiary enrolled in TRICARE 
Prime shall be required to obtain preauthorization only with respect 
to a referral for the following: 
‘‘(1) Inpatient hospitalization. 
‘‘(2) Inpatient care at a skilled nursing facility. 
‘‘(3) Inpatient care at a rehabilitation facility. 
‘‘(c) PROHIBITION REGARDING PRIOR AUTHORIZATION FOR CER-
TAIN REFERRALS.—The Secretary of Defense shall ensure that no 
contract for managed care support under the TRICARE program 
includes any requirement that a managed care support contractor 
require a primary care or specialty care provider to obtain prior 
authorization before referring a patient to a specialty care provider 
that is part of the network of health care providers or institutions 
of the contractor.’’. 
(d) ENROLLMENT PERIODS.— 
(1) ANNUAL
PERIODS
AND
QUALIFYING
EVENTS.—Section 
1099(b) of title 10, United States Code, is amended by amending 
paragraph (1) to read as follows: 
‘‘(1) allow covered beneficiaries to elect to enroll in a health 
care plan, or modify a previous election, from eligible health 
care plans designated by the Secretary of Defense during— 
‘‘(A) an annual open enrollment period; and 
‘‘(B) any period based on a qualifying event experienced 
by the beneficiary, as determined appropriate by the Sec-
retary; or’’. 
(2) APPLICATION.—The Secretary of Defense shall imple-
ment the initial annual open enrollment period pursuant to 
section 1099(b)(1) of title 10, United States Code, as amended 
by paragraph (1), during 2018. 
(3) GRACE PERIOD DURING FIRST YEAR.— 
(A) At any time during the one-year period beginning 
on the date on which the initial annual open enrollment 
period begins pursuant to section 1099(b)(1) of title 10, 
10 USC 1099 
note. 
10 USC 1099 
note. 
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130 STAT. 2187 
PUBLIC LAW 114–328—DEC. 23, 2016 
United States Code, as amended by paragraph (1), a cov-
ered beneficiary may make an election, or modify such 
an election, described in such section. 
(B) If during such one-year period an individual who 
is eligible to enroll in the TRICARE program, but does 
not elect to enroll in such program, receives health care 
services for an episode of care that would be covered under 
the TRICARE program if such individual were enrolled 
in the TRICARE program, the Secretary— 
(i) shall pay the out-of-network fees only for the 
first episode of care and inform the individual of the 
opportunity to enroll in the TRICARE program; and 
(ii) may not pay any costs relating to any subse-
quent episode of care if such individual is not enrolled 
in the TRICARE program. 
(4) TRANSITION PLAN.—Not later than March 1, 2017, the 
Secretary shall provide to the Committees on Armed Services 
of the Senate and the House of Representatives a briefing 
on the transition plan of the Department of Defense for imple-
menting an annual enrollment period for TRICARE Prime and 
TRICARE Select pursuant to section 1099(b)(1) of title 10, 
United States Code, as amended by paragraph (1). Such plan 
shall include strategies to notify each beneficiary of the changes 
to the TRICARE options and the changes to the enrollment 
process. 
(e) TERMINATION
OF
TRICARE STANDARD
AND
TRICARE 
EXTRA.—Beginning on January 1, 2018, the Secretary of Defense 
may not carry out TRICARE Standard and TRICARE Extra under 
the TRICARE program. The Secretary shall ensure that any indi-
vidual who is covered under TRICARE Standard or TRICARE Extra 
as of December 31, 2017, enrolls in TRICARE Prime or TRICARE 
Select, as the case may be, as of January 1, 2018, for the individual 
to continue coverage under the TRICARE program. 
(f) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—Not later than June 1, 2017, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate an implementa-
tion plan to improve access to health care for TRICARE bene-
ficiaries pursuant to the amendments made by this section. 
(2) ELEMENTS.—The plan under paragraph (1) shall— 
(A) ensure that at least 85 percent of the beneficiary 
population under TRICARE Select is covered by the net-
work by January 1, 2018; 
(B) ensure access standards for appointments for 
health care that meet or exceed those of high-performing 
health care systems in the United States, as determined 
by the Secretary; 
(C) establish mechanisms for monitoring compliance 
with access standards; 
(D) establish health care provider-to-beneficiary ratios; 
(E) monitor on a monthly basis complaints by bene-
ficiaries with respect to network adequacy and the avail-
ability of health care providers; 
(F) establish requirements for mechanisms to monitor 
the responses to complaints by beneficiaries; 
10 USC 1073 
note. 
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130 STAT. 2188 
PUBLIC LAW 114–328—DEC. 23, 2016 
(G) establish mechanisms to evaluate the quality 
metrics of the network providers established under section 
728; 
(H) include any recommendations for legislative action 
the Secretary determines necessary to carry out the plan; 
and 
(I) include any other elements the Secretary deter-
mines appropriate. 
(g) GAO REVIEWS.— 
(1) IMPLEMENTATION PLAN.—Not later than December 1, 
2017, the Comptroller General of the United States shall submit 
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a review of the implementation 
plan of the Secretary under paragraph (1) of subsection (f), 
including an assessment of the adequacy of the plan in meeting 
the elements specified in paragraph (2) of such subsection. 
(2) NETWORK.—Not later than September 1, 2017, the 
Comptroller General shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate a 
review of the network established under TRICARE Extra, 
including the following: 
(A) An identification of the percent of beneficiaries 
who are covered by the network. 
(B) An assessment of the extent to which beneficiaries 
are able to obtain appointments under TRICARE Extra. 
(C) The percent of network providers under TRICARE 
Extra that accept new patients under the TRICARE pro-
gram. 
(D) An assessment of the satisfaction of beneficiaries 
under TRICARE Extra. 
(h) PILOT
PROGRAM
ON
INCORPORATION
OF
VALUE-BASED 
HEALTH CARE IN PURCHASED CARE COMPONENT OF TRICARE PRO-
GRAM.— 
(1) IN GENERAL.—Not later than January 1, 2018, the Sec-
retary of Defense shall carry out a pilot program to demonstrate 
and assess the feasibility of incorporating value-based health 
care methodology in the purchased care component of the 
TRICARE program by reducing copayments or cost shares for 
targeted populations of covered beneficiaries in the receipt of 
high-value medications and services and the use of high-value 
providers under such purchased care component, including by 
exempting certain services from deductible requirements. 
(2) REQUIREMENTS.—In carrying out the pilot program 
under paragraph (1), the Secretary shall— 
(A) identify each high-value medication and service 
that is covered under the purchased care component of 
the TRICARE program for which a reduction or elimination 
of the copayment or cost share for such medication or 
service would encourage covered beneficiaries to use the 
medication or service; 
(B) reduce or eliminate copayments or cost shares for 
covered beneficiaries to receive high-value medications and 
services; 
(C) reduce or eliminate copayments or cost shares for 
covered beneficiaries to receive health care services from 
high-value providers; 
10 USC 1073 
note. 
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130 STAT. 2189 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) credit the amount of any reduction or elimination 
of a copayment or cost share under subparagraph (B) or 
(C) for a covered beneficiary towards meeting a deductible 
applicable to the covered beneficiary in the purchased care 
component of the TRICARE program to the same extent 
as if such reduction or elimination had not applied; and 
(E) develop a process to reimburse high-value providers 
at rates higher than those rates for health care providers 
that are not high-value providers. 
(3) REPORT ON VALUE-BASED HEALTH CARE METHODOLOGY.— 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report that includes the following: 
(A) A list of each high-value medication and service 
identified under paragraph (2)(A) for which the copayment 
or cost share amount will be reduced or eliminated under 
the pilot program to encourage covered beneficiaries to 
use such medications and services through the purchased 
care component of the TRICARE program. 
(B) For each high-value medication and service identi-
fied under paragraph (2)(A), the amount of the copayment 
or cost share required under the purchased care component 
of the TRICARE program and the amount of any reduction 
or elimination of such copayment or cost share pursuant 
to the pilot program. 
(C) A description of a plan to identify and communicate 
to covered beneficiaries, through multiple communication 
media— 
(i) the list of high-value medications and services 
described in subparagraph (A); and 
(ii) a list of high-value providers. 
(D) A description of modifications, if any, to existing 
health care contracts that may be required to implement 
value-based health care methodology in the purchased care 
component of the TRICARE program under the pilot pro-
gram and the estimated costs of those contract modifica-
tions. 
(4) COMPTROLLER
GENERAL
PRELIMINARY
REVIEW
AND 
ASSESSMENT.— 
(A) Not later than March 1, 2021, the Comptroller 
General of the United States shall submit to the Commit-
tees on Armed Services of the Senate and the House of 
Representatives a review and assessment of the prelimi-
nary results of the pilot program. 
(B) The review and assessment required under 
subparagraph (A) shall include the following: 
(i) An assessment of the extent of the use of value- 
based health care methodology in the purchased care 
component of the TRICARE program under the pilot 
program. 
(ii) An analysis demonstrating how reducing or 
eliminating the copayment or cost share for each high- 
value medication and service identified under para-
graph (2)(A) resulted in— 
(I) increased adherence to medication regi-
mens; 
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130 STAT. 2190 
PUBLIC LAW 114–328—DEC. 23, 2016 
(II) improvement of quality measures; 
(III) improvement of health outcomes; 
(IV) reduction of number of emergency room 
visits or hospitalizations; and 
(V) enhancement of experience of care for cov-
ered beneficiaries. 
(iii) Such recommendations for incentivizing the 
use of high-value medications and services to improve 
health outcomes and the experience of care for bene-
ficiaries as the Comptroller General considers appro-
priate. 
(5) REVIEW AND ASSESSMENT OF PILOT PROGRAM.— 
(A) Not later than January 1, 2023, the Secretary 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a review and 
assessment of the pilot program. 
(B) The review and assessment required under 
subparagraph (A) shall include the following: 
(i) An assessment of the extent of the use of value- 
based health care methodology in the purchased care 
component of the TRICARE program under the pilot 
program. 
(ii) An analysis demonstrating how reducing or 
eliminating the copayment or cost share for each high- 
value medication and service identified under para-
graph (2)(A) resulted in— 
(I) increased adherence to medication regi-
mens; 
(II) improvement of quality measures; 
(III) improvement of health outcomes; and 
(IV) enhancement of experience of care for cov-
ered beneficiaries. 
(iii) A cost-benefit analysis of the implementation 
of value-based health care methodology in the pur-
chased care component of the TRICARE program under 
the pilot program. 
(iv) Such recommendations for incentivizing the 
use of high-value medications and services to improve 
health outcomes and the experience of care for covered 
beneficiaries as the Secretary considers appropriate. 
(6) TERMINATION.—The Secretary may not carry out the 
pilot program after December 31, 2022. 
(i) DEFINITIONS.—In this section: 
(1) The terms ‘‘uniformed services’’, ‘‘covered beneficiary’’, 
‘‘TRICARE Extra’’, ‘‘TRICARE for Life’’, ‘‘TRICARE Prime’’, 
and ‘‘TRICARE Standard’’, have the meaning given those terms 
in section 1072 of title 10, United States Code, as amended 
by subsection (j). 
(2) The term ‘‘TRICARE Select’’ means the self-managed, 
preferred-provider network option under the TRICARE program 
established by section 1075 of such title, as added by subsection 
(a). 
(3) The term ‘‘chronic conditions’’ includes diabetes, chronic 
obstructive pulmonary disease, asthma, congestive heart 
failure, hypertension, history of stroke, coronary artery disease, 
mood disorders, and such other diseases or conditions as the 
Secretary considers appropriate. 
10 USC 1073 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(4) The term ‘‘high-value medications and services’’ means 
prescription medications and clinical services for the manage-
ment of chronic conditions that the Secretary determines would 
improve health outcomes and create health value for covered 
beneficiaries (such as preventive care, primary and specialty 
care, diagnostic tests, procedures, and durable medical equip-
ment). 
(5) The term ‘‘high-value provider’’ means an individual 
or institutional health care provider that provides health care 
under the purchased care component of the TRICARE program 
and that consistently improves the experience of care, meets 
established quality of care and effectiveness metrics, and 
reduces the per capita costs of health care. 
(6) The term ‘‘value-based health care methodology’’ means 
a methodology for identifying specific prescription medications 
and clinical services provided under the TRICARE program 
for which reduction of copayments, cost shares, or both, would 
improve the management of specific chronic conditions because 
of the high value and clinical effectiveness of such medications 
and services for such chronic conditions. 
(j) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Title 10, United States Code, is amended 
as follows: 
(A) Section 1072 is amended— 
(i) by striking paragraph (7) and inserting the 
following: 
‘‘(7) The term ‘TRICARE program’ means the various pro-
grams carried out by the Secretary of Defense under this 
chapter and any other provision of law providing for the fur-
nishing of medical and dental care and health benefits to mem-
bers and former members of the uniformed services and their 
dependents, including the following health plan options: 
‘‘(A) TRICARE Prime. 
‘‘(B) TRICARE Select. 
‘‘(C) TRICARE for Life.’’; and 
(ii) by adding at the end the following new para-
graphs: 
‘‘(11) The term ‘TRICARE Extra’ means the preferred-pro-
vider option of the TRICARE program made available prior 
to January 1, 2018, under which TRICARE Standard bene-
ficiaries may obtain discounts on cost sharing as a result of 
using TRICARE network providers. 
‘‘(12) The term ‘TRICARE Select’ means the self-managed, 
preferred-provider network option under the TRICARE program 
established by section 1075 of this title. 
‘‘(13) The term ‘TRICARE for Life’ means the Medicare 
wraparound coverage option of the TRICARE program made 
available to the beneficiary by reason of section 1086(d) of 
this title. 
‘‘(14) The term ‘TRICARE Prime’ means the managed care 
option of the TRICARE program. 
‘‘(15) The term ‘TRICARE Standard’ means the TRICARE 
program made available prior to January 1, 2018, covering— 
‘‘(A) medical care to which a dependent described in 
section 1076(a)(2) of this title is entitled; and 
‘‘(B) health benefits contracted for under the authority 
of section 1079(a) of this title and subject to the same 
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130 STAT. 2192 
PUBLIC LAW 114–328—DEC. 23, 2016 
rates and conditions as apply to persons covered under 
that section.’’. 
(B) Section 1076d is amended— 
(i) in subsection (d)(1), by inserting after ‘‘cov-
erage.’’ the following: ‘‘Such premium shall apply 
instead of any enrollment fees required under section 
1075 of this section.’’; and 
(ii) in subsection (f), by striking paragraph (2) 
and inserting the following new paragraph: 
‘‘(2) The term ‘TRICARE Reserve Select’ means the 
TRICARE Select self-managed, preferred-provider network 
option under section 1075 made available to beneficiaries by 
reason of this section and in accordance with subsection (d)(1).’’; 
and 
(iii) by striking ‘‘TRICARE Standard’’ each place 
it appears (including in the heading of such section) 
and inserting ‘‘TRICARE Reserve Select’’. 
(C) Section 1076e is amended— 
(i) in subsection (d)(1), by inserting after ‘‘cov-
erage.’’ the following: ‘‘Such premium shall apply 
instead of any enrollment fees required under section 
1075 of this section.’’; and 
(ii) in subsection (f), by striking paragraph (2) 
and inserting the following new paragraph: 
‘‘(2) The term ‘TRICARE Retired Reserve’ means the 
TRICARE Select self-managed, preferred-provider network 
option under section 1075 made available to beneficiaries by 
reason of this section and in accordance with subsection (d)(1).’’; 
(iii) in subsection (b), by striking ‘‘TRICARE 
Standard coverage at’’ and inserting ‘‘TRICARE cov-
erage at’’; and 
(iv) by striking ‘‘TRICARE Standard’’ each place 
it appears (including in the heading of such section) 
and inserting ‘‘TRICARE Retired Reserve’’. 
(D) Section 1079a is amended— 
(i) in the section heading, by striking ‘‘CHAMPUS’’ 
and inserting ‘‘TRICARE program’’; and 
(ii) by striking ‘‘the Civilian Health and Medical 
Program of the Uniformed Services’’ and inserting ‘‘the 
TRICARE program’’. 
(E) Section 1099(c) is amended by striking paragraph 
(2) and inserting the following new paragraph: 
‘‘(2) A plan under the TRICARE program.’’. 
(F) Section 1110b(c)(1) is amended by inserting after 
‘‘(b).’’ the following: ‘‘Such premium shall apply instead 
of any enrollment fees required under section 1075 of this 
section.’’. 
(2) CLERICAL AMENDMENTS.—The table of sections at the 
beginning of chapter 55 of title 10, United States Code, is 
further amended— 
(A) in the item relating to section 1076d, by striking 
‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Reserve 
Select’’; 
(B) in the item relating to section 1076e, by striking 
‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Retired 
Reserve’’; 
10 USC 1071 
prec. 
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130 STAT. 2193 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) in the item relating to section 1079a, by striking 
‘‘CHAMPUS’’ and inserting ‘‘TRICARE program’’; and 
(D) in the item relating to section 1095f, by striking 
‘‘for 
specialty 
health 
care’’ 
and 
inserting 
‘‘and 
preauthorizations under TRICARE Prime’’. 
(3) CONFORMING
STYLE.—Any new language inserted or 
added to title 10, United States Code, by an amendment made 
by this subsection shall conform to the typeface and typestyle 
of the matter in which the language is so inserted or added. 
(k) APPLICATION.—The amendments made by this section shall 
apply with respect to the provision of health care under the 
TRICARE program beginning on January 1, 2018. 
SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE HEALTH 
AGENCY AND MILITARY MEDICAL TREATMENT FACILITIES. 
(a) ADMINISTRATION.— 
(1) IN GENERAL.—Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1073b the following 
new section: 
‘‘§ 1073c. Administration of Defense Health Agency and mili-
tary medical treatment facilities 
‘‘(a) ADMINISTRATION OF MILITARY MEDICAL TREATMENT FACILI-
TIES.—(1) Beginning October 1, 2018, the Director of the Defense 
Health Agency shall be responsible for the administration of each 
military medical treatment facility, including with respect to— 
‘‘(A) budgetary matters; 
‘‘(B) information technology; 
‘‘(C) health care administration and management; 
‘‘(D) administrative policy and procedure; 
‘‘(E) miliary medical construction; and 
‘‘(F) any other matters the Secretary of Defense determines 
appropriate. 
‘‘(2) The commander of each military medical treatment facility 
shall be responsible for— 
‘‘(A) ensuring the readiness of the members of the armed 
forces and civilian employees at such facility; and 
‘‘(B) furnishing the health care and medical treatment pro-
vided at such facility. 
‘‘(3) The Secretary of Defense shall establish within the Defense 
Health Agency a professional staff to provide policy, oversight, 
and direction to carry out subsection (a). The Secretary shall carry 
out this paragraph by appointing the positions specified in sub-
sections (b) and (c). 
‘‘(b) DHA ASSISTANT DIRECTOR.—(1) There is in the Defense 
Health Agency an Assistant Director for Health Care Administra-
tion. The Assistant Director shall— 
‘‘(A) be a career appointee within the Department; and 
‘‘(B) report directly to the Director of the Defense Health 
Agency. 
‘‘(2) The Assistant Director shall be appointed from among 
individuals who have equivalent education and experience as a 
chief executive officer leading a large, civilian health care system. 
‘‘(3) The Assistant Director shall be responsible for the fol-
lowing: 
‘‘(A) Establishing priorities for health care administration 
and management. 
10 USC 1073c. 
10 USC 1072 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) Establishing policies, procedures, and direction for the 
provision of direct care at military medical treatment facilities. 
‘‘(C) Establishing priorities for budgeting matters with 
respect to the provision of direct care at military medical treat-
ment facilities. 
‘‘(D) Establishing policies, procedures, and direction for 
clinic management and operations at military medical treat-
ment facilities. 
‘‘(E) Establishing priorities for information technology at 
and between the military medical treatment facilities. 
‘‘(c) DHA DEPUTY ASSISTANT DIRECTORS.—(1)(A) There is in 
the Defense Health Agency a Deputy Assistant Director for Informa-
tion Operations. 
‘‘(B) The Deputy Assistant Director for Information Operations 
shall be responsible for policies, management, and execution of 
information technology operations at and between the military med-
ical treatment facilities. 
‘‘(2)(A) There is in the Defense Health Agency a Deputy Assist-
ant Director for Financial Operations. 
‘‘(B) The Deputy Assistant Director for Financial Operations 
shall be responsible for the policy, procedures, and direction of 
budgeting matters and financial management with respect to the 
provision of direct care across the military health system. 
‘‘(3)(A) There is in the Defense Health Agency a Deputy Assist-
ant Director for Health Care Operations. 
‘‘(B) The Deputy Assistant Director for Health Care Operations 
shall be responsible for the policy, procedures, and direction of 
health care administration in the military medical treatment facili-
ties. 
‘‘(4)(A) There is in the Defense Health Agency a Deputy Assist-
ant Director for Medical Affairs. 
‘‘(B) The Deputy Assistant Director for Medical Affairs shall 
be responsible for policy, procedures, and direction of clinical quality 
and process improvement, patient safety, infection control, graduate 
medical education, clinical integration, utilization review, risk 
management, patient experience, and civilian physician recruiting. 
‘‘(5) Each Deputy Assistant Director appointed under para-
graphs (1) through (4) shall report directly to the Assistant Director 
for Health Care Administration. 
‘‘(d) CERTAIN RESPONSIBILITIES OF DHA DIRECTOR.—(1) In addi-
tion to the other duties of the Director of the Defense Health 
Agency, the Director shall coordinate with the Joint Staff Surgeon 
to ensure that the Director most effectively carries out the respon-
sibilities of the Defense Health Agency as a combat support agency 
under section 193 of this title. 
‘‘(2) The responsibilities of the Director shall include the fol-
lowing: 
‘‘(A) Ensuring that the Defense Health Agency meets the 
operational needs of the commanders of the combatant com-
mands. 
‘‘(B) Coordinating with the military departments to ensure 
that the staffing at the military medical treatment facilities 
supports readiness requirements for members of the armed 
forces and health care personnel. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘career appointee’ has the meaning given 
that term in section 3132(a)(4) of title 5. 
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130 STAT. 2195 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) The term ‘Defense Health Agency’ means the Defense 
Agency established pursuant to Department of Defense Direc-
tive 5136.13, or such successor Defense Agency.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1073b the following new item: 
‘‘1073c. Administration of Defense Health Agency and military medical treatment 
facilities.’’. 
(b) POSITIONS OF SURGEON GENERAL IN THE ARMED FORCES.— 
(1) SURGEON GENERAL OF THE ARMY.—Section 3036 of title 
10, United States Code, is amended— 
(A) in subsection (d), by striking ‘‘(1)’’; 
(B) by redesignating subsection (e) as subsection (g); 
(C) by inserting after subsection (d) a new subsection 
(e); 
(D) by transferring paragraphs (2) and (3) of subsection 
(d) to subsection (e), as added by subparagraph (C), and 
redesignating such paragraphs as paragraphs (1) and (2), 
respectively; and 
(E) by adding after subsection (e), as added by subpara-
graph (C), the following new subsection (f): 
‘‘(f)(1) The Surgeon General serves as the principal advisor 
to the Secretary of the Army and the Chief of Staff of the Army 
on all health and medical matters of the Army, including strategic 
planning and policy development relating to such matters. 
‘‘(2) The Surgeon General serves as the chief medical advisor 
of the Army to the Director of the Defense Health Agency on 
matters pertaining to military health readiness requirements and 
safety of members of the Army. 
‘‘(3) The Surgeon General, acting under the authority, direction, 
and control of the Secretary of the Army, shall recruit, organize, 
train, and equip, medical personnel of the Army.’’. 
(2) SURGEON GENERAL OF THE NAVY.— 
(A) IN
GENERAL.—Section 5137 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 5137. Surgeon General: appointment; duties 
‘‘(a) APPOINTMENT.—The Surgeon General of the Navy shall 
be appointed by the President, by and with the advice and consent 
of the Senate, for a term of four years, from officers on the active- 
duty list of the Navy in any corps of the Navy Medical Department. 
‘‘(b) DUTIES.—(1) The Surgeon General serves as the Chief 
of the Bureau of Medicine and Surgery and serves as the principal 
advisor to the Secretary of the Navy and the Chief of Naval Oper-
ations on all health and medical matters of the Navy and the 
Marine Corps, including strategic planning and policy development 
relating to such matters. 
‘‘(2) The Surgeon General serves as the chief medical advisor 
of the Navy and the Marine Corps to the Director of the Defense 
Health Agency on matters pertaining to military health readiness 
requirements and safety of members of the Navy and the Marine 
Corps. 
‘‘(3) The Surgeon General, acting under the authority, direction, 
and control of the Secretary of the Navy, shall recruit, organize, 
train, and equip, medical personnel of the Navy and the Marine 
Corps.’’. 
10 USC 1071 
prec. 
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130 STAT. 2196 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 513 of such title is amended 
by striking the item relating to section 5137 and inserting 
the following new item: 
‘‘5137. Surgeon General: appointment; duties.’’. 
(3) SURGEON GENERAL OF THE AIR FORCE.— 
(A) IN
GENERAL.—Section 8036 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 8036. Surgeon General: appointment; duties 
‘‘(a) APPOINTMENT.—The Surgeon General of the Air Force shall 
be appointed by the President, by and with the advice and consent 
of the Senate from officers of the Air Force who are in the Air 
Force medical department. 
‘‘(b) DUTIES.—(1) The Surgeon General serves as the principal 
advisor to the Secretary of the Air Force and the Chief of Staff 
of the Air Force on all health and medical matters of the Air 
Force, including strategic planning and policy development relating 
to such matters. 
‘‘(2) The Surgeon General serves as the chief medical advisor 
of the Air Force to the Director of the Defense Health Agency 
on matters pertaining to military health readiness requirements 
and safety of members of the Air Force. 
‘‘(3) The Surgeon General, acting under the authority, direction, 
and control of the Secretary of the Air Force, shall recruit, organize, 
train, and equip, medical personnel of the Air Force.’’. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 805 of such title is amended 
by striking the item relating to section 8036 and inserting 
the following new item: 
‘‘8036. Surgeon General: appointment; duties.’’. 
(c) APPOINTMENTS.—The Secretary of Defense shall make 
appointments of the positions under section 1073c of title 10, United 
States Code, as added by subsection (a)— 
(1) by not later than October 1, 2018; and 
(2) by not increasing the number of full-time equivalent 
employees of the Defense Health Agency. 
(d) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
a plan to implement section 1073c of title 10, United States 
Code, as added by subsection (a). 
(2) ELEMENTS.—The plan developed under paragraph (1) 
shall include the following: 
(A) How the Secretary will carry out subsection (a) 
of such section 1073c. 
(B) Efforts to eliminate duplicative activities carried 
out by the elements of the Defense Health Agency and 
the military departments. 
(C) Efforts to maximize efficiencies in the activities 
carried out by the Defense Health Agency. 
(D) How the Secretary will implement such section 
1073c in a manner that reduces the number of members 
of the Armed Forces, civilian employees who are full-time 
10 USC 1073c 
note. 
10 USC 8031 
prec. 
10 USC 5131 
prec. 
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130 STAT. 2197 
PUBLIC LAW 114–328—DEC. 23, 2016 
equivalent employees, and contractors relating to the head-
quarters activities of the military health system, as of 
the date of the enactment of this Act. 
(e) REPORTS.— 
(1) INTERIM REPORT.—Not later than March 1, 2017, the 
Secretary shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate a report con-
taining— 
(A) a preliminary draft of the plan developed under 
subsection (d)(1); and 
(B) any recommendations for legislative actions the 
Secretary determines necessary to carry out the plan. 
(2) FINAL
REPORT.—Not later than March 1, 2018, the 
Secretary shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate a report con-
taining the final version of the plan developed under subsection 
(d)(1). 
(3) COMPTROLLER GENERAL REVIEWS.— 
(A) The Comptroller General of the United States shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate— 
(i) a review of the preliminary draft of the plan 
submitted under paragraph (1) by not later than Sep-
tember 1, 2017; and 
(ii) a review of the final version of the plan sub-
mitted under paragraph (2) by not later than Sep-
tember 1, 2018. 
(B) Each review of the plan conducted under subpara-
graph (A) shall determine whether the Secretary has 
addressed the required elements for the plan under sub-
section (d)(2). 
SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES. 
(a) ADMINISTRATION.— 
(1) IN GENERAL.—Chapter 55 of title 10, United States 
Code, as amended by section 702, is further amended by 
inserting after section 1073c the following new section: 
‘‘§ 1073d. Military medical treatment facilities 
‘‘(a) IN GENERAL.—To support the medical readiness of the 
armed forces and the readiness of medical personnel, the Secretary 
of Defense, in consultation with the Secretaries of the military 
departments, shall maintain the military medical treatment facili-
ties described in subsections (b), (c), and (d). 
‘‘(b) MEDICAL CENTERS.—(1) The Secretary of Defense shall 
maintain medical centers in areas with a large population of mem-
bers of the armed forces and covered beneficiaries. 
‘‘(2) Medical centers shall serve as referral facilities for mem-
bers and covered beneficiaries who require comprehensive health 
care services that support medical readiness. 
‘‘(3) Medical centers shall consist of the following: 
‘‘(A) Inpatient and outpatient tertiary care facilities that 
incorporate specialty and subspecialty care. 
‘‘(B) Graduate medical education programs. 
‘‘(C) Residency training programs. 
‘‘(D) Level one or level two trauma care capabilities. 
10 USC 1073d. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(4) The Secretary may designate a medical center as a regional 
center of excellence for unique and highly specialized health care 
services, including with respect to polytrauma, organ transplan-
tation, and burn care. 
‘‘(c) HOSPITALS.—(1) The Secretary of Defense shall maintain 
hospitals in areas where civilian health care facilities are unable 
to support the health care needs of members of the armed forces 
and covered beneficiaries. 
‘‘(2) Hospitals shall provide— 
‘‘(A) inpatient and outpatient health services to maintain 
medical readiness; and 
‘‘(B) such other programs and functions as the Secretary 
determines appropriate. 
‘‘(3) Hospitals shall consist of inpatient and outpatient care 
facilities with limited specialty care that the Secretary determines— 
‘‘(A) is cost effective; or 
‘‘(B) is not available at civilian health care facilities in 
the area of the hospital. 
‘‘(d) AMBULATORY CARE CENTERS.—(1) The Secretary of Defense 
shall maintain ambulatory care centers in areas where civilian 
health care facilities are able to support the health care needs 
of members of the armed forces and covered beneficiaries. 
‘‘(2) Ambulatory care centers shall provide the outpatient health 
services required to maintain medical readiness, including with 
respect to partnerships established pursuant to section 706 of the 
National Defense Authorization Act for Fiscal Year 2017. 
‘‘(3) Ambulatory care centers shall consist of outpatient care 
facilities with limited specialty care that the Secretary determines— 
‘‘(A) is cost effective; or 
‘‘(B) is not available at civilian health care facilities in 
the area of the ambulatory care center.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter, as amended by section 702, is further 
amended by inserting after the item relating to section 1073c 
the following new item: 
‘‘1073d. Military medical treatment facilities.’’. 
(3) SATELLITE CENTERS.—In addition to the centers of excel-
lence designated under section 1073d(b)(4) of title 10, United 
States Code, as added by paragraph (1), the Secretary of 
Defense may establish satellite centers of excellence to provide 
specialty care for certain conditions, including with respect 
to— 
(A) post-traumatic stress; 
(B) traumatic brain injury; and 
(C) such other conditions as the Secretary considers 
appropriate. 
(b) EXCEPTION.—In carrying out section 1073d of title 10, 
United States Code, as added by subsection (a)(1), the Secretary 
of Defense may not restructure or realign the infrastructure of, 
or modify the health care services provided by, a military medical 
treatment facility unless the Secretary determines that, if such 
a restructure, realignment, or modification will eliminate the ability 
of a covered beneficiary to access health care services at a military 
medical treatment facility, the covered beneficiary will be able 
to access such health care services through the purchased care 
component of the TRICARE program. 
10 USC 1073d 
note. 
10 USC 1073d 
note. 
10 USC 1071 
prec. 
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130 STAT. 2199 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) UPDATE OF STUDY.— 
(1) IN GENERAL.—The Secretary of Defense, in collaboration 
with the Secretaries of the military departments, shall update 
the report described in paragraph (2) to address the restruc-
turing or realignment of military medical treatment facilities 
pursuant to section 1073d of title 10, United States Code, 
as added by subsection (a), including with respect to any expan-
sions or consolidations of such facilities. 
(2) REPORT DESCRIBED.—The report described in this para-
graph is the Military Health System Modernization Study dated 
May 29th, 2015, required by section 713(a)(2) of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3414). 
(3) SUBMISSION.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees the updated 
report under paragraph (1). 
(d) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—Not later than two years after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees an implementa-
tion plan to restructure or realign the military medical treat-
ment facilities pursuant to section 1073d of title 10, United 
States Code, as added by subsection (a). 
(2) ELEMENTS.—The implementation plan under paragraph 
(1) shall include the following: 
(A) With respect to each military medical treatment 
facility— 
(i) whether the facility will be realigned or restruc-
tured under the plan; 
(ii) whether the functions of such facility will be 
expanded or consolidated; 
(iii) the costs of such realignment or restructuring; 
(iv) a description of any changes to the military 
and civilian personnel assigned to such facility as of 
the date of the plan; 
(v) a timeline for such realignment or restruc-
turing; 
(vi) the justifications for such realignment or 
restructuring, including an assessment of the capacity 
of the civilian health care facilities located near such 
facility; 
(vii) a comprehensive assessment of the health 
care services provided at the facility; 
(viii) a description of the current accessibility of 
covered beneficiaries to health care services provided 
at the facility and proposed modifications to that acces-
sibility, including with respect to types of services pro-
vided; 
(ix) a description of the current availability of 
urgent care, emergent care, and specialty care at the 
facility and in the TRICARE provider network in the 
area in which the facility is located, and proposed 
modifications to the availability of such care; 
(x) a description of the current level of coordination 
between the facility and local health care providers 
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130 STAT. 2200 
PUBLIC LAW 114–328—DEC. 23, 2016 
in the area in which the facility is located and proposed 
modifications to such level of coordination; and 
(xi) a description of any unique challenges to pro-
viding health care at the facility, with a focus on chal-
lenges relating to rural, remote, and insular areas, 
as appropriate. 
(B) A description of the relocation of the graduate 
medical education programs and the residency programs. 
(C) A description of the plans to assist members of 
the Armed Forces and covered beneficiaries with travel 
and lodging, if necessary, in connection with the receipt 
of specialty care services at regional centers of excellence 
designated under subsection (b)(4) of such section 1073d. 
(D) A description of how the Secretary will carry out 
subsection (b). 
(3) GAO REPORT.—Not later than 60 days after the date 
on which the Secretary of Defense submits the report under 
paragraph (1), the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a review of such report. 
(e) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those 
terms in section 1072 of title 10, United States Code. 
SEC. 704. ACCESS TO URGENT AND PRIMARY CARE UNDER TRICARE 
PROGRAM. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1077 the following new section: 
‘‘§ 1077a. Access to military medical treatment facilities and 
other facilities 
‘‘(a) URGENT CARE.—(1) The Secretary of Defense shall ensure 
that military medical treatment facilities, at locations the Secretary 
determines appropriate, provide urgent care services for members 
of the armed forces and covered beneficiaries until 11:00 p.m. each 
day. 
‘‘(2) With respect to areas in which a military medical treatment 
facility covered by paragraph (1) is not located, the Secretary shall 
ensure that members of the armed forces and covered beneficiaries 
may access urgent care clinics through the health care provider 
network under the TRICARE program. 
‘‘(3) A covered beneficiary may access urgent care services with-
out the need for preauthorization for such services. 
‘‘(4) The Secretary shall— 
‘‘(A) publish information about changes in access to urgent 
care under the TRICARE program— 
‘‘(i) on the primary publicly available Internet website 
of the Department; and 
‘‘(ii) on the primary publicly available Internet website 
of each military medical treatment facility; and 
‘‘(B) ensure that such information is made available on 
the publicly available Internet website of each current managed 
care support contractor that has established a health care pro-
vider network under the TRICARE program. 
‘‘(b) NURSE ADVICE LINE.—The Secretary shall ensure that 
the nurse advice line of the Department directs covered beneficiaries 
seeking access to care to the source of the most appropriate level 
10 USC 1077a. 
10 USC 1073d 
note. 
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130 STAT. 2201 
PUBLIC LAW 114–328—DEC. 23, 2016 
of health care required to treat the medical conditions of the bene-
ficiaries, including urgent care services described in subsection (a). 
‘‘(c) PRIMARY CARE CLINICS.—(1) The Secretary shall ensure 
that primary care clinics at military medical treatment facilities 
are available for members of the armed forces and covered bene-
ficiaries between the hours determined appropriate under para-
graph (2), including with respect to expanded hours described in 
subparagraph (B) of such paragraph. 
‘‘(2)(A) The Secretary shall determine the hours that each pri-
mary care clinic at a military medical treatment facility is available 
for members of the armed forces and covered beneficiaries based 
on— 
‘‘(i) the needs of the military medical treatment facility 
to meet the access standards under the TRICARE Prime pro-
gram; and 
‘‘(ii) the primary care utilization patterns of members and 
covered beneficiaries at such military medical treatment 
facility. 
‘‘(B) The primary care clinic hours at a military medical treat-
ment facility determined under subparagraph (A) shall include 
expanded hours beyond regular business hours during weekdays 
and the weekend if the Secretary determines under such subpara-
graph that sufficient demand exists at the military medical treat-
ment facility for such expanded primary care clinic hours.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1077 the following new item: 
‘‘1077a. Access to military medical treatment facilities and other facilities’’. 
(c) IMPLEMENTATION.—The Secretary of Defense shall imple-
ment— 
(1) subsection (a) of section 1077a of title 10, United States 
Code, as added by subsection (a) of this section, by not later 
than one year after the date of the enactment of this Act; 
and 
(2) subsection (c) of such section by not later than 180 
days after the date of the enactment of this Act. 
SEC. 705. VALUE-BASED PURCHASING AND ACQUISITION OF MANAGED 
CARE SUPPORT CONTRACTS FOR TRICARE PROGRAM. 
(a) VALUE-BASED HEALTH CARE.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
and implement value-based incentive programs as part of any 
contract awarded under chapter 55 of title 10, United States 
Code, for the provision of health care services to covered bene-
ficiaries to encourage health care providers under the TRICARE 
program (including physicians, hospitals, and other persons 
and facilities involved in providing such health care services) 
to improve the following: 
(A) The quality of health care provided to covered 
beneficiaries under the TRICARE program. 
(B) The experience of covered beneficiaries in receiving 
health care under the TRICARE program. 
(C) The health of covered beneficiaries. 
(2) VALUE-BASED INCENTIVE PROGRAMS.— 
(A) DEVELOPMENT.—In developing value-based incen-
tive programs under paragraph (1), the Secretary shall— 
10 USC 1073a 
note. 
10 USC 1077a 
note. 
10 USC 1071 
prec. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(i) link payments to health care providers under 
the TRICARE program to improved performance with 
respect to quality, cost, and reducing the provision 
of inappropriate care; 
(ii) consider the characteristics of the population 
of covered beneficiaries affected by the value-based 
incentive program; 
(iii) consider how the value-based incentive pro-
gram would affect the receipt of health care under 
the TRICARE program by such covered beneficiaries; 
(iv) establish or maintain an assurance that such 
covered beneficiaries will have timely access to health 
care during the operation of the value-based incentive 
program; 
(v) ensure that such covered beneficiaries do not 
incur any additional costs by reason of the value-based 
incentive program; and 
(vi) consider such other factors as the Secretary 
considers appropriate. 
(B) SCOPE
AND
METRICS.—With respect to a value- 
based incentive program developed and implemented under 
paragraph (1), the Secretary shall ensure that— 
(i) the size, scope, and duration of the value-based 
incentive program is reasonable in relation to the pur-
pose of the value-based incentive program; and 
(ii) the value-based incentive program relies on 
the core quality performance metrics adopted pursuant 
to section 728. 
(3) USE OF EXISTING MODELS.—In developing a value-based 
incentive program under paragraph (1), the Secretary may 
adapt a value-based incentive program conducted by a 
TRICARE managed care support contractor, the Centers for 
Medicare & Medicaid Services, or any other Federal Govern-
ment, State government, or commercial health care program. 
(b) TRANSFER OF CONTRACTING RESPONSIBILITY.—With respect 
to the acquisition of any managed care support contracts under 
the TRICARE program initiated after the date of the enactment 
of this Act, the Secretary of Defense shall transfer contracting 
responsibility for the solicitation and award of such contracts from 
the Defense Health Agency to the Office of the Under Secretary 
of Defense for Acquisition, Technology, and Logistics. 
(c) ACQUISITION OF CONTRACTS.— 
(1) STRATEGY.—Not later than January 1, 2018, the Sec-
retary of Defense shall develop and implement a strategy to 
ensure that managed care support contracts under the 
TRICARE program entered into with private sector entities, 
other than overseas medical support contracts— 
(A) improve access to health care for covered bene-
ficiaries; 
(B) improve health outcomes for covered beneficiaries; 
(C) improve the quality of health care received by 
covered beneficiaries; 
(D) enhance the experience of covered beneficiaries 
in receiving health care; and 
(E) lower per capita costs to the Department of Defense 
of health care provided to covered beneficiaries. 
(2) APPLICABILITY OF STRATEGY.— 
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130 STAT. 2203 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) IN GENERAL.—The strategy required by paragraph 
(1) shall apply to all managed care support contracts under 
the TRICARE program entered into with private sector 
entities. 
(B) MODIFICATION OF CONTRACTS.—Contracts entered 
into prior to the implementation of the strategy required 
by paragraph (1) shall be modified to ensure consistency 
with such strategy. 
(3) LOCAL, REGIONAL, AND NATIONAL HEALTH PLANS.—In 
developing and implementing the strategy required by para-
graph (1), the Secretary shall ensure that local, regional, and 
national health plans have an opportunity to participate in 
the competition for managed care support contracts under the 
TRICARE program. 
(4) CONTINUOUS
INNOVATION.—The strategy required by 
paragraph (1) shall include incentives for the incorporation 
of innovative ideas and solutions into managed care support 
contracts under the TRICARE program through the use of 
teaming agreements, subcontracts, and other contracting 
mechanisms that can be used to develop and continuously 
refresh high-performing networks of health care providers at 
the national, regional, and local level. 
(5) ELEMENTS
OF
STRATEGY.—The strategy required by 
paragraph (1) shall provide for the following with respect to 
managed care support contracts under the TRICARE program: 
(A) The maximization of flexibility in the design and 
configuration of networks of individual and institutional 
health care providers, including a focus on the development 
of high-performing networks of health care providers. 
(B) The establishment of an integrated medical 
management system between military medical treatment 
facilities and health care providers in the private sector 
that, 
when 
appropriate, 
effectively 
coordinates 
and 
integrates health care across the continuum of care. 
(C) With respect to telehealth services— 
(i) the maximization of the use of such services 
to 
provide 
real-time 
interactive 
communications 
between patients and health care providers and remote 
patient monitoring; and 
(ii) the use of standardized payment methods to 
reimburse health care providers for the provision of 
such services. 
(D) The use of value-based reimbursement methodolo-
gies, including through the use of value-based incentive 
programs under subsection (a), that transfer financial risk 
to health care providers and managed care support contrac-
tors. 
(E) The use of financial incentives for contractors and 
health care providers to receive an equitable share in the 
cost savings to the Department resulting from improvement 
in health outcomes for covered beneficiaries and the experi-
ence of covered beneficiaries in receiving health care. 
(F) The use of incentives that emphasize prevention 
and wellness for covered beneficiaries receiving health care 
services from private sector entities to seek such services 
from high-value health care providers. 
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130 STAT. 2204 
PUBLIC LAW 114–328—DEC. 23, 2016 
(G) The adoption of a streamlined process for enroll-
ment of covered beneficiaries to receive health care and 
timely assignment of primary care managers to covered 
beneficiaries. 
(H) The elimination of the requirement for a referral 
to be authorized prior receiving specialty care services at 
a facility of the Department of Defense or through the 
TRICARE program. 
(I) The use of incentives to encourage covered bene-
ficiaries to participate in medical and lifestyle intervention 
programs. 
(6) RURAL, REMOTE, AND ISOLATED AREAS.—In developing 
and implementing the strategy required by paragraph (1), the 
Secretary shall— 
(A) assess the unique characteristics of providing 
health care services in Alaska, Hawaii, and the territories 
and possessions of the United States, and in rural, remote, 
or isolated locations in the contiguous 48 States; 
(B) consider the various challenges inherent in devel-
oping robust networks of health care providers in those 
locations; 
(C) develop a provider reimbursement rate structure 
in those locations that ensures— 
(i) timely access of covered beneficiaries to health 
care services; 
(ii) the delivery of high-quality primary and spe-
cialty care; 
(iii) improvement in health outcomes for covered 
beneficiaries; and 
(iv) an enhanced experience of care for covered 
beneficiaries; and 
(D) ensure that managed care support contracts under 
the TRICARE program in those locations will— 
(i) establish individual and institutional provider 
networks that will provide timely access to care for 
covered beneficiaries, including pursuant to such net-
works relating to an Indian tribe or tribal organization 
that is party to the Alaska Native Health Compact 
with the Indian Health Service or has entered into 
a contract with the Indian Health Service to provide 
health care in rural Alaska or other locations in the 
United States; and 
(ii) deliver high-quality care, better health out-
comes, and a better experience of care for covered 
beneficiaries. 
(d) REPORT PRIOR
TO CERTAIN CONTRACT MODIFICATIONS.— 
Not later than 60 days before the date on which the Secretary 
of Defense first modifies a contract awarded under chapter 55 
of title 10, United States Code, to implement a value-based incentive 
program under subsection (a), or the managed care support contract 
acquisition strategy under subsection (c), the Secretary shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on any implementation plan of the 
Secretary with respect to such value-based incentive program or 
managed care support contract acquisition strategy. 
(e) COMPTROLLER GENERAL REPORT.— 
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130 STAT. 2205 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Not later than 180 days after the date 
on which the Secretary submits the report under subsection 
(d), the Comptroller General of the United States shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives a report that assesses the compliance 
of the Secretary of Defense with the requirements of subsection 
(a) and subsection (c). 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include an assessment of the following: 
(A) Whether the approach of the Department of 
Defense for acquiring managed care support contracts 
under the TRICARE program— 
(i) improves access to care; 
(ii) improves health outcomes; 
(iii) improves the experience of care for covered 
beneficiaries; and 
(iv) lowers per capita health care costs. 
(B) Whether the Department has, in its requirements 
for managed care support contracts under the TRICARE 
program, allowed for— 
(i) maximum flexibility in network design and 
development; 
(ii) integrated medical management between mili-
tary medical treatment facilities and network pro-
viders; 
(iii) the maximum use of the full range of tele-
health services; 
(iv) the use of value-based reimbursement methods 
that transfer financial risk to health care providers 
and managed care support contractors; 
(v) the use of prevention and wellness incentives 
to encourage covered beneficiaries to seek health care 
services from high-value providers; 
(vi) a streamlined enrollment process and timely 
assignment of primary care managers; 
(vii) the elimination of the requirement to seek 
authorization for referrals for specialty care services; 
(viii) the use of incentives to encourage covered 
beneficiaries to engage in medical and lifestyle inter-
vention programs; and 
(ix) the use of financial incentives for contractors 
and health care providers to receive an equitable share 
in cost savings resulting from improvements in health 
outcomes and the experience of care for covered bene-
ficiaries. 
(C) Whether the Department has considered, in devel-
oping requirements for managed care support contracts 
under the TRICARE program, the following: 
(i) The unique characteristics of providing health 
care services in Alaska, Hawaii, and the territories 
and possessions of the United States, and in rural, 
remote, or isolated locations in the contiguous 48 
States; 
(ii) The various challenges inherent in developing 
robust networks of health care providers in those loca-
tions. 
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130 STAT. 2206 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) A provider reimbursement rate structure in 
those locations that ensures— 
(I) timely access of covered beneficiaries to 
health care services; 
(II) the delivery of high-quality primary and 
specialty care; 
(III) improvement in health outcomes for cov-
ered beneficiaries; and 
(IV) an enhanced experience of care for covered 
beneficiaries. 
(f) DEFINITIONS.—In this section: 
(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-
gram’’ have the meaning given those terms in section 1072 
of title 10, United States Code. 
(2) The term ‘‘high-performing networks of health care 
providers’’ means networks of health care providers that, in 
addition to such other requirements as the Secretary of Defense 
may specify for purposes of this section, do the following: 
(A) Deliver high quality health care as measured by 
leading health quality measurement organizations such as 
the National Committee for Quality Assurance and the 
Agency for Healthcare Research and Quality. 
(B) Achieve greater efficiency in the delivery of health 
care by identifying and implementing within such network 
improvement opportunities that guide patients through the 
entire continuum of care, thereby reducing variations in 
the delivery of health care and preventing medical errors 
and duplication of medical services. 
(C) Improve population-based health outcomes by using 
a team approach to deliver case management, prevention, 
and wellness services to high-need and high-cost patients. 
(D) Focus on preventive care that emphasizes— 
(i) early detection and timely treatment of disease; 
(ii) periodic health screenings; and 
(iii) education regarding healthy lifestyle behav-
iors. 
(E) Coordinate and integrate health care across the 
continuum of care, connecting all aspects of the health 
care received by the patient, including the patient’s health 
care team. 
(F) 
Facilitate 
access 
to 
health 
care 
providers, 
including— 
(i) after-hours care; 
(ii) urgent care; and 
(iii) through telehealth appointments, when appro-
priate. 
(G) Encourage patients to participate in making health 
care decisions. 
(H) Use evidence-based treatment protocols that 
improve the consistency of health care and eliminate 
ineffective, wasteful health care practices. 
SEC. 706. ESTABLISHMENT OF HIGH PERFORMANCE MILITARY- 
CIVILIAN INTEGRATED HEALTH DELIVERY SYSTEMS. 
(a) IN GENERAL.—Not later than January 1, 2018, the Secretary 
of Defense shall establish military-civilian integrated health 
10 USC 1096 
note. 
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130 STAT. 2207 
PUBLIC LAW 114–328—DEC. 23, 2016 
delivery systems through partnerships with other health systems, 
including local or regional health systems in the private sector— 
(1) to improve access to health care for covered bene-
ficiaries; 
(2) to enhance the experience of covered beneficiaries in 
receiving health care; 
(3) to improve health outcomes for covered beneficiaries; 
(4) to share resources between the Department of Defense 
and the private sector, including such staff, equipment, and 
training assets as may be required to carry out such integrated 
health delivery systems; 
(5) to maintain services within military treatment facilities 
that are essential for the maintenance of operational medical 
force readiness skills of health care providers of the Depart-
ment; and 
(6) to provide members of the Armed Forces with additional 
training opportunities to maintain such readiness skills. 
(b) ELEMENTS OF SYSTEMS.—Each military-civilian integrated 
health delivery system established under subsection (a) shall— 
(1) deliver high quality health care as measured by leading 
national health quality measurement organizations; 
(2) achieve greater efficiency in the delivery of health care 
by identifying and implementing within each such system 
improvement opportunities that guide patients through the 
entire continuum of care, thereby reducing variations in the 
delivery of health care and preventing medical errors and 
duplication of medical services; 
(3) improve population-based health outcomes by using a 
team approach to deliver case management, prevention, and 
wellness services to high-need and high-cost patients; 
(4) focus on preventive care that emphasizes— 
(A) early detection and timely treatment of disease; 
(B) periodic health screenings; and 
(C) education regarding healthy lifestyle behaviors; 
(5) coordinate and integrate health care across the con-
tinuum of care, connecting all aspects of the health care 
received by the patient, including the patient’s health care 
team; 
(6) facilitate access to health care providers, including— 
(A) after-hours care; 
(B) urgent care; and 
(C) through telehealth appointments, when appro-
priate; 
(7) encourage patients to participate in making health care 
decisions; 
(8) use evidence-based treatment protocols that improve 
the consistency of health care and eliminate ineffective, waste-
ful health care practices; and 
(9) improve coordination of behavioral health services with 
primary health care. 
(c) AGREEMENTS.— 
(1) 
IN
GENERAL.—In 
establishing 
military-civilian 
integrated health delivery systems through partnerships under 
subsection (a), the Secretary shall seek to enter into memoranda 
of understanding or contracts between military treatment facili-
ties and health maintenance organizations, health care centers 
of excellence, public or private academic medical institutions, 
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PUBLIC LAW 114–328—DEC. 23, 2016 
regional health organizations, integrated health systems, 
accountable care organizations, and such other health systems 
as the Secretary considers appropriate. 
(2) PRIVATE SECTOR CARE.—Memoranda of understanding 
and contracts entered into under paragraph (1) shall ensure 
that covered beneficiaries are eligible to enroll in and receive 
medical services under the private sector components of mili-
tary-civilian integrated health delivery systems established 
under subsection (a). 
(3) VALUE-BASED
REIMBURSEMENT
METHODOLOGIES.—The 
Secretary shall incorporate value-based reimbursement meth-
odologies, such as capitated payments, bundled payments, or 
pay for performance, into memoranda of understanding and 
contracts entered into under paragraph (1) to reimburse entities 
for medical services provided to covered beneficiaries under 
such memoranda of understanding and contracts. 
(4) QUALITY
OF
CARE.—Each memorandum of under-
standing or contract entered into under paragraph (1) shall 
ensure that the quality of services received by covered bene-
ficiaries through a military-civilian integrated health delivery 
system under such memorandum of understanding or contract 
is at least comparable to the quality of services received by 
covered beneficiaries from a military treatment facility. 
(d) COVERED BENEFICIARY DEFINED.—In this section, the term 
‘‘covered beneficiary’’ has the meaning given that term in section 
1072 of title 10, United States Code. 
SEC. 707. JOINT TRAUMA SYSTEM. 
(a) PLAN.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate an implementation plan 
to establish a Joint Trauma System within the Defense Health 
Agency that promotes improved trauma care to members of 
the Armed Forces and other individuals who are eligible to 
be treated for trauma at a military medical treatment facility. 
(2) IMPLEMENTATION.—The Secretary shall implement the 
plan under paragraph (1) after a 90-day period has elapsed 
following the date on which the Comptroller General of the 
United States is required to submit to the Committees on 
Armed Services of the House of Representatives and the Senate 
the review under subsection (c). In implementing such plan, 
the Secretary shall take into account any recommendation made 
by the Comptroller General under such review. 
(b) ELEMENTS.—The Joint Trauma System described in sub-
section (a)(1) shall include the following elements: 
(1) Serve as the reference body for all trauma care provided 
across the military health system. 
(2) Establish standards of care for trauma services provided 
at military medical treatment facilities. 
(3) Coordinate the translation of research from the centers 
of excellence of the Department of Defense into standards of 
clinical trauma care. 
(4) Coordinate the incorporation of lessons learned from 
the trauma education and training partnerships pursuant to 
section 708 into clinical practice. 
10 USC 1071 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(c) REVIEW.—Not later than 180 days after the date on which 
the Secretary submits to the Committees on Armed Services of 
the House of Representatives and the Senate the implementation 
plan under subsection (a)(1), the Comptroller General of the United 
States shall submit to such committees a review of such plan 
to determine if each element under subsection (b) is included in 
such plan. 
(d) REVIEW OF MILITARY TRAUMA SYSTEM.—In establishing a 
Joint Trauma System, the Secretary of Defense may seek to enter 
into an agreement with a non-governmental entity with subject 
matter experts to— 
(1) conduct a system-wide review of the military trauma 
system, including a comprehensive review of combat casualty 
care and wartime trauma systems during the period beginning 
on January 1, 2001, and ending on the date of the review, 
including an assessment of lessons learned to improve combat 
casualty care in future conflicts; and 
(2) make publicly available a report containing such review 
and recommendations to establish a comprehensive trauma 
system for the Armed Forces. 
SEC. 708. JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a Joint Trauma Education and Training Directorate (in this section 
referred to as the ‘‘Directorate’’) to ensure that the traumatologists 
of the Armed Forces maintain readiness and are able to be rapidly 
deployed for future armed conflicts. The Secretary shall carry out 
this section in collaboration with the Secretaries of the military 
departments. 
(b) DUTIES.—The duties of the Directorate are as follows: 
(1) To enter into and coordinate the partnerships under 
subsection (c). 
(2) To establish the goals of such partnerships necessary 
for trauma teams led by traumatologists to maintain profes-
sional competency in trauma care. 
(3) To establish metrics for measuring the performance 
of such partnerships in achieving such goals. 
(4) To develop methods of data collection and analysis 
for carrying out paragraph (3). 
(5) To communicate and coordinate lessons learned from 
such partnerships with the Joint Trauma System established 
under section 707. 
(6) To develop standardized combat casualty care instruc-
tion for all members of the Armed Forces, including the use 
of standardized trauma training platforms. 
(7) To develop a comprehensive trauma care registry to 
compile relevant data from point of injury through rehabilita-
tion of members of the Armed Forces. 
(8) To develop quality of care outcome measures for combat 
casualty care. 
(9) To direct the conduct of research on the leading causes 
of morbidity and mortality of members of the Armed Forces 
in combat. 
(c) PARTNERSHIPS.— 
(1) IN GENERAL.—The Secretary may enter into partner-
ships with civilian academic medical centers and large metro-
politan teaching hospitals that have level I civilian trauma 
10 USC 1071 
note. 
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centers to provide integrated combat trauma teams, including 
forward surgical teams, with maximum exposure to a high 
volume of patients with critical injuries. 
(2) TRAUMA TEAMS.—Under the partnerships entered into 
with civilian academic medical centers and large metropolitan 
teaching hospitals under paragraph (1), trauma teams of the 
Armed Forces led by traumatologists of the Armed Forces shall 
embed within the trauma centers of the medical centers and 
hospitals on an enduring basis. 
(3) SELECTION.—The Secretary shall select civilian aca-
demic medical centers and large metropolitan teaching hos-
pitals to enter into partnerships under paragraph (1) based 
on patient volume, acuity, and other factors the Secretary deter-
mines necessary to ensure that the traumatologists of the 
Armed Forces and the associated clinical support teams have 
adequate and continuous exposure to critically injured patients. 
(4) CONSIDERATION.—In entering into partnerships under 
paragraph (1), the Secretary may consider the experiences and 
lessons learned by the military departments that have entered 
into memoranda of understanding with civilian medical centers 
for trauma care. 
(d) PERSONNEL MANAGEMENT PLAN.— 
(1) PLAN.—The Secretary shall establish a personnel 
management plan for the following wartime medical specialties: 
(A) Emergency medical services and prehospital care. 
(B) Trauma surgery. 
(C) Critical care. 
(D) Anesthesiology. 
(E) Emergency medicine. 
(F) Other wartime medical specialties the Secretary 
determines appropriate for purposes of the plan. 
(2) ELEMENTS.—The elements of the plan established under 
paragraph (1) shall include, at a minimum, the following: 
(A) An accession plan for the number of qualified med-
ical personnel to maintain wartime medical specialties on 
an annual basis in order to maintain the required number 
of trauma teams as determined by the Secretary. 
(B) The number of positions required in each such 
medical specialty. 
(C) Crucial organizational and operational assignments 
for personnel in each such medical specialty. 
(D) Career pathways for personnel in each such med-
ical specialty. 
(3) IMPLEMENTATION.—The Secretaries of the military 
departments shall carry out the plan established under para-
graph (1). 
(e) IMPLEMENTATION PLAN.—Not later than July 1, 2017, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate an 
implementation plan for establishing the Joint Trauma Education 
and Training Directorate under subsection (a), entering into part-
nerships under subsection (c), and establishing the plan under 
subsection (d). 
(f) LEVEL I CIVILIAN TRAUMA CENTER DEFINED.—In this section, 
the term ‘‘level I civilian trauma center’’ means a comprehensive 
regional resource that is a tertiary care facility central to the 
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trauma system and is capable of providing total care for every 
aspect of injury from prevention through rehabilitation. 
SEC. 
709. 
STANDARDIZED 
SYSTEM 
FOR 
SCHEDULING 
MEDICAL 
APPOINTMENTS AT MILITARY TREATMENT FACILITIES. 
(a) STANDARDIZED SYSTEM.— 
(1) IN GENERAL.—Not later than January 1, 2018, the Sec-
retary of Defense shall implement a system for scheduling 
medical appointments at military treatment facilities that is 
standardized throughout the military health system to enable 
timely access to care for covered beneficiaries. 
(2) LACK OF VARIANCE.—The system implemented under 
paragraph (1) shall ensure that the appointment scheduling 
processes and procedures used within the military health 
system do not vary among military treatment facilities. 
(b) SOLE SYSTEM.—Upon implementation of the system under 
subsection (a), no military treatment facility may use an appoint-
ment scheduling process other than such system. 
(c) SCHEDULING OF APPOINTMENTS.— 
(1) IN GENERAL.—Under the system implemented under 
subsection (a), each military treatment facility shall use a cen-
tralized appointment scheduling capability for covered bene-
ficiaries that includes the ability to schedule appointments 
manually via telephone as described in paragraph (2) or auto-
matically via a device that is connected to the Internet through 
an online scheduling system described in paragraph (3). 
(2) TELEPHONE APPOINTMENT PROCESS.— 
(A) IN GENERAL.—In the case of a covered beneficiary 
who contacts a military treatment facility via telephone 
to schedule an appointment under the system implemented 
under subsection (a), the Secretary shall implement 
standard processes to ensure that the needs of the covered 
beneficiary are met during the first such telephone call. 
(B) MATTERS
INCLUDED.—The standard processes 
implemented under subparagraph (A) shall include the fol-
lowing: 
(i) The ability of a covered beneficiary, during the 
telephone call to schedule an appointment, to also 
schedule wellness visits or follow-up appointments 
during the 180-day period beginning on the date of 
the request for the visit or appointment. 
(ii) The ability of a covered beneficiary to indicate 
the process through which the covered beneficiary pre-
fers to be reminded of future appointments, which 
may include reminder telephone calls, emails, or cel-
lular text messages to the covered beneficiary at speci-
fied intervals prior to appointments. 
(3) ONLINE SYSTEM.— 
(A) IN GENERAL.—The Secretary shall implement an 
online scheduling system that is available 24 hours per 
day, seven days per week, for purposes of scheduling 
appointments under the system implemented under sub-
section (a). 
(B) CAPABILITIES
OF
ONLINE
SYSTEM.—The online 
scheduling system implemented under subparagraph (A) 
shall have the following capabilities: 
10 USC 1071 
note. 
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(i) An ability to send automated email and text 
message reminders, including repeat reminders, to 
patients regarding upcoming appointments. 
(ii) An ability to store appointment records to 
ensure rapid access by medical personnel to appoint-
ment data. 
(d) STANDARDS
FOR PRODUCTIVITY
OF HEALTH CARE PRO-
VIDERS.— 
(1) IN GENERAL.—The Secretary shall implement standards 
for the productivity of health care providers at military treat-
ment facilities. 
(2) MATTERS CONSIDERED.—In developing standards under 
paragraph (1), the Secretary shall consider— 
(A) civilian benchmarks for measuring the productivity 
of health care providers; 
(B) the optimal number of medical appointments for 
each health care provider that would be required, as deter-
mined by the Secretary, to maintain access of covered 
beneficiaries to health care from the Department; and 
(C) the readiness requirements of the Armed Forces. 
(e) PLAN.— 
(1) IN GENERAL.—Not later than January 1, 2017, the Sec-
retary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a comprehensive 
plan to implement the system required under subsection (a). 
(2) ELEMENTS.—The plan required under paragraph (1) 
shall include the following: 
(A) A description of the manual appointment process 
to be used at military treatment facilities under the system 
required under subsection (a). 
(B) A description of the automated appointment process 
to be used at military treatment facilities under such 
system. 
(C) A timeline for the full implementation of such 
system throughout the military health system. 
(f) BRIEFING.—Not later than February 1, 2018, the Secretary 
shall brief the Committees on Armed Services of the Senate and 
the House of Representatives on the implementation of the system 
required under subsection (a) and the standards for the productivity 
of health care providers required under subsection (d). 
(g) REPORT ON MISSED APPOINTMENTS.— 
(1) IN GENERAL.—Not later than March 1 each year, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the total number of medical appointments at military 
treatment facilities for which a covered beneficiary failed to 
appear without prior notification during the one-year period 
preceding the submittal of the report. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include for each military treatment facility the following: 
(A) An identification of the top five reasons for a cov-
ered beneficiary missing an appointment. 
(B) A comparison of the number of missed appoint-
ments for specialty care versus primary care. 
(C) An estimate of the cost to the Department of 
Defense of missed appointments. 
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(D) An assessment of strategies to reduce the number 
of missed appointments. 
(h) COVERED BENEFICIARY DEFINED.—In this section, the term 
‘‘covered beneficiary’’ has the meaning given that term in section 
1072 of title 10, United States Code. 
Subtitle B—Other Health Care Benefits 
SEC. 711. EXTENDED TRICARE PROGRAM COVERAGE FOR CERTAIN 
MEMBERS OF THE NATIONAL GUARD AND DEPENDENTS 
DURING CERTAIN DISASTER RESPONSE DUTY. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1076e the following new 
section: 
‘‘§ 1076f. TRICARE program: extension of coverage for cer-
tain members of the National Guard and depend-
ents during certain disaster response duty 
‘‘(a) EXTENDED COVERAGE.—During a period in which a member 
of the National Guard is performing disaster response duty, the 
member may be treated as being on active duty for a period of 
more than 30 days for purposes of the eligibility of the member 
and dependents of the member for health care benefits under the 
TRICARE program if such period immediately follows a period 
in which the member served on full-time National Guard duty 
under section 502(f) of title 32, including pursuant to chapter 9 
of such title, unless the Governor of the State (or, with respect 
to the District of Columbia, the mayor of the District of Columbia) 
determines that such extended eligibility is not in the best interest 
of the member or the State. 
‘‘(b) CONTRIBUTION BY STATE.—(1) The Secretary shall charge 
a State for the costs of providing coverage under the TRICARE 
program to members of the National Guard of the State and the 
dependents of the members pursuant to subsection (a). Such charges 
shall be paid from the funds of the State or from any other non- 
Federal funds. 
‘‘(2) Any amounts received by the Secretary under paragraph 
(1) shall be credited to the appropriation available for the Defense 
Health Program Account under section 1100 of this title, shall 
be merged with sums in such Account that are available for the 
fiscal year in which collected, and shall be available under sub-
section (b) of such section, including to carry out subsection (a) 
of this section. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘disaster response duty’ means duty per-
formed by a member of the National Guard in State status 
pursuant to an emergency declaration by the Governor of the 
State (or, with respect to the District of Columbia, the mayor 
of the District of Columbia) in response to a disaster or in 
preparation for an imminent disaster. 
‘‘(2) The term ‘State’ means each of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
and any territory or possession of the United States.’’. 
10 USC 1076f. 
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130 STAT. 2214 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1076e the following new item: 
‘‘1076f. TRICARE program: extension of coverage for certain members of the Na-
tional Guard and dependents during certain disaster response duty.’’. 
SEC. 712. CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE 
COMPONENTS. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a study of options for providing health care coverage that 
improves the continuity of health care provided to current 
and former members of the Selected Reserve of the Ready 
Reserve who are not— 
(A) serving on active duty; 
(B) eligible for the Transitional Assistance Manage-
ment Program under section 1145 of title 10, United States 
Code; or 
(C) eligible for the Federal Employees Health Benefit 
Program. 
(2) ELEMENTS.—The study under paragraph (1) shall 
address the following: 
(A) Whether to allow current and former members 
of the Selected Reserve to participate in the Federal 
Employees Health Benefit Program. 
(B) Whether to pay a stipend to current and former 
members to continue coverage in a health plan obtained 
by the member. 
(C) Whether to allow current and former members 
to participate in the TRICARE program under section 
1076d of title 10, United States Code. 
(D) Whether to amend section 1076f of title 10, United 
States Code, as added by section 711, to require the exten-
sion of TRICARE program coverage for members of the 
National Guard assigned to Homeland Response Force 
Units mobilized for a State emergency pursuant to chapter 
9 of title 32, United States Code. 
(E) The findings and recommendations under section 
748. 
(F) Any other options for providing health care cov-
erage to current and former members of the Selected 
Reserve the Secretary considers appropriate. 
(3) CONSULTATION.—In carrying out the study under para-
graph (1), the Secretary shall consult with, and obtain the 
opinions of, current and former members of the Selected 
Reserve, including the leadership of the Selected Reserve. 
(4) SUBMISSION.— 
(A) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
study under paragraph (1). 
(B) MATTERS INCLUDED.—The report under subpara-
graph (A) shall include the following: 
(i) A description of the health care coverage options 
addressed by the Secretary under paragraph (2). 
10 USC 1071 
prec. 
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130 STAT. 2215 
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(ii) Identification of such health care coverage 
option that the Secretary recommends as the best 
option. 
(iii) The justifications for such recommended best 
option. 
(iv) The number and proportion of the current 
and former members of the Selected Reserve projected 
to participate in such recommended best option. 
(v) A determination of the appropriate cost sharing 
for such recommended best option with respect to the 
percentage contribution as a monthly premium for cur-
rent members of the Selected Reserve. 
(vi) An estimate of the cost of implementing such 
recommended best option. 
(vii) Any legislative language required to imple-
ment such recommended best option. 
(b) PILOT PROGRAM.— 
(1) AUTHORIZATION.—The Secretary of Defense and the 
Director may jointly carry out a pilot program, at the election 
of the Secretary, under which the Director provides commercial 
health insurance coverage to eligible reserve component mem-
bers who enroll in a health benefits plan under paragraph 
(4) as an individual, for self plus one coverage, or for self 
and family coverage. 
(2) ELEMENTS.—The pilot program shall— 
(A) provide for enrollment by eligible reserve compo-
nent members, at the election of the member, in a health 
benefits plan under paragraph (4) during an open enroll-
ment period established by the Director for purposes of 
this subsection; 
(B) include a variety of national and regional health 
benefits plans that— 
(i) meet the requirements of this subsection; 
(ii) are broadly representative of the health bene-
fits plans available in the commercial market; and 
(iii) do not contain unnecessary restrictions, as 
determined by the Director; and 
(C) offer a sufficient number of health benefits plans 
in order to provide eligible reserve component beneficiaries 
with an ample choice of health benefits plans, as deter-
mined by the Director. 
(3) DURATION.—If the Secretary elects to carry out the 
pilot program, the Secretary and the Director shall carry out 
the pilot program for not less than five years. 
(4) HEALTH BENEFITS PLANS.— 
(A) IN GENERAL.—In providing health insurance cov-
erage under the pilot program, the Director shall contract 
with qualified carriers for a variety of health benefits plans. 
(B) DESCRIPTION OF PLANS.—Health benefits plans con-
tracted for under this subsection— 
(i) may vary by type of plan design, covered bene-
fits, geography, and price; 
(ii) shall include maximum limitations on out-of- 
pocket expenses paid by an eligible reserve component 
beneficiary for the health care provided; and 
(iii) may not exclude an eligible reserve component 
member who chooses to enroll. 
10 USC 1076d 
note. 
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130 STAT. 2216 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) QUALITY OF PLANS.—The Director shall ensure that 
each health benefits plan offered under this subsection 
offers a high degree of quality, as determined by criteria 
that include— 
(i) access to an ample number of medical providers, 
as determined by the Director; 
(ii) 
adherence 
to 
industry-accepted 
quality 
measurements, as determined by the Director; 
(iii) access to benefits described in paragraph (5), 
including ease of referral for health care services; and 
(iv) inclusion in the services covered by the plan 
of advancements in medical treatments and technology 
as soon as practicable in accordance with generally 
accepted standards of medicine. 
(5) BENEFITS.—A health benefits plan offered by the 
Director under this subsection shall include, at a minimum, 
the following benefits: 
(A) The health care benefits provided under chapter 
55 of title 10, United States Code, excluding pharma-
ceutical, dental, and extended health care option benefits. 
(B) Such other benefits as the Director determines 
appropriate. 
(6) CARE AT FACILITIES OF UNIFORMED SERVICES.— 
(A) IN
GENERAL.—If an eligible reserve component 
beneficiary receives benefits described in paragraph (5) 
at a facility of the uniformed services, the health benefits 
plan under which the beneficiary is covered shall be treated 
as a third-party payer under section 1095 of title 10, United 
States Code, and shall pay charges for such benefits as 
determined by the Secretary. 
(B) MILITARY
MEDICAL
TREATMENT
FACILITIES.—The 
Secretary, in consultation with the Director— 
(i) may contract with qualified carriers with which 
the Director has contracted under paragraph (4) to 
provide health insurance coverage for health care serv-
ices provided at military treatment facilities under this 
subsection; and 
(ii) may receive payments under section 1095 of 
title 10, United States Code, from qualified carriers 
for health care services provided at military medical 
treatment facilities under this subsection. 
(7) SPECIAL RULE RELATING TO ACTIVE DUTY PERIOD.— 
(A) IN
GENERAL.—An eligible reserve component 
member may not receive benefits under a health benefits 
plan under this subsection during any period in which 
the member is serving on active duty for more than 30 
days. 
(B) TREATMENT
OF
DEPENDENTS.—Subparagraph (A) 
does not affect the coverage under a health benefits plan 
of any dependent of an eligible reserve component member. 
(8) ELIGIBILITY FOR FEDERAL EMPLOYEES HEALTH BENEFITS 
PROGRAM.—An individual is not eligible to enroll in or be cov-
ered under a health benefits plan under this subsection if 
the individual is eligible to enroll in a health benefits plan 
under the Federal Employees Health Benefits Program. 
(9) COST SHARING.— 
(A) RESPONSIBILITY FOR PAYMENT.— 
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130 STAT. 2217 
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(i) IN GENERAL.—Except as provided in clause (ii), 
an eligible reserve component member shall pay an 
annual premium amount calculated under subpara-
graph (B) for coverage under a health benefits plan 
under 
this 
subsection 
and 
additional 
amounts 
described in subparagraph (C) for health care services 
in connection with such coverage. 
(ii) ACTIVE DUTY PERIOD.— 
(I) IN GENERAL.—During any period in which 
an eligible reserve component member is serving 
on active duty for more than 30 days, the eligible 
reserve component member is not responsible for 
paying any premium amount under subparagraph 
(B) or additional amounts under subparagraph (C). 
(II) COVERAGE OF DEPENDENTS.—With respect 
to a dependent of an eligible reserve component 
member that is covered under a health benefits 
plan under this subsection, during any period 
described in subclause (I) with respect to the 
member, the Secretary shall, on behalf of the 
dependent, pay 100 percent of the total annual 
amount of a premium for coverage of the 
dependent under the plan and such cost-sharing 
amounts as may be applicable under the plan. 
(B) PREMIUM AMOUNT.— 
(i) IN GENERAL.—The annual premium calculated 
under this subparagraph is an amount equal to 28 
percent of the total annual amount of a premium under 
the health benefits plan selected. 
(ii) TYPES OF COVERAGE.—The premium amounts 
calculated under this subparagraph shall include sepa-
rate calculations for— 
(I) coverage as an individual; 
(II) self plus one coverage; and 
(III) self and family coverage. 
(C) ADDITIONAL
AMOUNTS.—The additional amounts 
described in this subparagraph with respect to an eligible 
reserve component member are such cost-sharing amounts 
as may be applicable under the health benefits plan under 
which the member is covered. 
(10) CONTRACTING.— 
(A) IN
GENERAL.—In contracting for health benefits 
plans under paragraph (4), the Director may contract with 
qualified carriers in a manner similar to the manner in 
which the Director contracts with carriers under section 
8902 of title 5, United States Code, including that— 
(i) a contract under this subsection shall be for 
a uniform term of not less than one year, but may 
be made automatically renewable from term to term 
in the absence of notice of termination by either party; 
(ii) a contract under this subsection shall contain 
a detailed statement of benefits offered and shall 
include such maximums, limitations, exclusions, and 
other definitions of benefits determined by the Director 
in accordance with paragraph (5); 
(iii) a contract under this subsection shall ensure 
that an eligible reserve component member who is 
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130 STAT. 2218 
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eligible to enroll in a health benefits plan pursuant 
to such contract is able to enroll in such plan; and 
(iv) the terms of a contract under this subsection 
relating to the nature, provision, or extent of coverage 
or benefits (including payments with respect to bene-
fits) shall supersede and preempt any conflicting State 
or local law. 
(B) 
EVALUATION
OF
FINANCIAL
SOLVENCY.—The 
Director shall perform a thorough evaluation of the finan-
cial solvency of an insurance carrier before entering into 
a contract with the insurance carrier under subparagraph 
(A). 
(11) RECOMMENDATIONS AND DATA.— 
(A) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of Homeland Security, shall 
provide recommendations and data to the Director with 
respect to— 
(i) matters involving military medical treatment 
facilities; 
(ii) matters unique to eligible reserve component 
members and dependents of such members; and 
(iii) such other strategic guidance necessary for 
the Director to administer this subsection as the Sec-
retary of Defense, in consultation with the Secretary 
of Homeland Security, considers appropriate. 
(B) LIMITATION
ON
IMPLEMENTATION.—The Director 
shall not implement any recommendation provided by the 
Secretary of Defense under subparagraph (A) if the Director 
determines that the implementation of the recommendation 
would result in eligible reserve components beneficiaries 
receiving less generous health benefits under this sub-
section than the health benefits commonly available to 
individuals under the Federal Employees Health Benefits 
Program during the same period. 
(12) TRANSMISSION OF INFORMATION.—On an annual basis 
during each year in which the pilot program is carried out, 
the Director shall provide the Secretary with information on 
the use of health care benefits under the pilot program, 
including— 
(A) the number of eligible reserve component bene-
ficiaries participating in the pilot program, listed by the 
health benefits plan under which the beneficiary is covered; 
(B) the number of health benefits plans offered under 
the pilot program and a description of each such plan; 
and 
(C) the costs of the health care provided under the 
plans. 
(13) FUNDING.— 
(A) IN GENERAL.—The Secretary of Defense and the 
Director shall jointly establish an appropriate mechanism 
to fund the pilot program. 
(B) AVAILABILITY
OF
AMOUNTS.—Amounts shall be 
made available to the Director pursuant to the mechanism 
established under subparagraph (A), without fiscal year 
limitation— 
(i) for payments to health benefits plans under 
this subsection; and 
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130 STAT. 2219 
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(ii) to pay the costs of administering this sub-
section. 
(14) REPORTS.— 
(A) INITIAL REPORTS.—Not later than one year after 
the date on which the Secretary establishes the pilot pro-
gram, and annually thereafter for the following three years, 
the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives 
a report on the pilot program. 
(B) MATTERS INCLUDED.—The report under subpara-
graph (A) shall include, with respect to the year covered 
by the report, the following: 
(i) The number of eligible reserve component bene-
ficiaries participating in the pilot program, listed by 
the health benefits plan under which the beneficiary 
is covered. 
(ii) The number of health benefits plans offered 
under the pilot program. 
(iii) The cost of the pilot program to the Depart-
ment of Defense. 
(iv) The estimated cost savings, if any, to the 
Department of Defense. 
(v) The average cost to the eligible reserve compo-
nent beneficiary. 
(vi) The effect of the pilot program on the medical 
readiness of the members of the reserve components. 
(vii) The effect of the pilot program on access to 
health care for members of the reserve components. 
(C) FINAL REPORT.—Not later than 180 days before 
the date on which the pilot program will terminate pursu-
ant to paragraph (3), the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House 
of Representatives a report on the pilot program that 
includes— 
(i) the matters specified under subparagraph (B); 
and 
(ii) the recommendation of the Secretary regarding 
whether to make the pilot program permanent or to 
terminate the pilot program. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘Director’’ means the Director of the Office 
of Personnel Management. 
(2) The term ‘‘eligible reserve component beneficiary’’ 
means an eligible reserve component member enrolled in, or 
a dependent of such a member described in subparagraph (A), 
(D), or (I) of section 1072(2) of title 10, United States Code, 
covered under, a health benefits plan under subsection (b). 
(3) The term ‘‘eligible reserve component member’’ means 
a member of the Selected Reserve of the Ready Reserve of 
an Armed Force. 
(4) The term ‘‘extended health care option’’ means the 
program of extended benefits under subsections (d) and (e) 
of section 1079 of title 10, United States Code. 
(5) The term ‘‘Federal Employees Health Benefits Program’’ 
means the health insurance program under chapter 89 of title 
5, United States Code. 
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130 STAT. 2220 
PUBLIC LAW 114–328—DEC. 23, 2016 
(6) The term ‘‘qualified carrier’’ means an insurance carrier 
that is licensed to issue group health insurance in any State, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Commonwealth of the Northern Mariana Islands, Guam, 
and any territory or possession of the United States. 
SEC. 713. PROVISION OF HEARING AIDS TO DEPENDENTS OF RETIRED 
MEMBERS. 
Section 1077 of title 10, United States Code, is amended— 
(1) in subsection (a)(16), by striking ‘‘A hearing aid’’ and 
inserting ‘‘Except as provided by subsection (g), a hearing aid’’; 
and 
(2) by adding at the end the following new subsection: 
‘‘(g) In addition to the authority to provide a hearing aid under 
subsection (a)(16), hearing aids may be sold under this section 
to dependents of former members of the uniformed services at 
cost to the United States.’’. 
SEC. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS 
FOR CERTAIN CONDITIONS UNDER THE TRICARE PRO-
GRAM. 
(a) IN GENERAL.—Section 1077 of title 10, United States Code, 
as amended by section 713, is further amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by inserting before the period 
at the end the following: ‘‘, including, in accordance with 
subsection (g), medically necessary vitamins’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(18) In accordance with subsection (g), medically necessary 
food and the medical equipment and supplies necessary to 
administer such food (other than durable medical equipment 
and supplies).’’; and 
(2) by adding at the end the following new subsection: 
‘‘(h)(1) Vitamins that may be provided under subsection (a)(3) 
are vitamins used for the management of a covered disease or 
condition pursuant to the prescription, order, or recommendation 
(as applicable) of a physician or other health care professional 
qualified to make such prescription, order, or recommendation. 
‘‘(2) Medically necessary food that may be provided under sub-
section (a)(18)— 
‘‘(A) is food, including a low protein modified food product 
or an amino acid preparation product, that is— 
‘‘(i) furnished pursuant to the prescription, order, or 
recommendation (as applicable) of a physician or other 
health care professional qualified to make such prescrip-
tion, order, or recommendation, for the dietary manage-
ment of a covered disease or condition; 
‘‘(ii) a specially formulated and processed product (as 
opposed to a naturally occurring foodstuff used in its nat-
ural state) for the partial or exclusive feeding of an indi-
vidual by means of oral intake or enteral feeding by tube; 
‘‘(iii) intended for the dietary management of an indi-
vidual who, because of therapeutic or chronic medical 
needs, has limited or impaired capacity to ingest, digest, 
absorb, or metabolize ordinary foodstuffs or certain nutri-
ents, or who has other special medically determined 
nutrient requirements, the dietary management of which 
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cannot be achieved by the modification of the normal diet 
alone; 
‘‘(iv) intended to be used under medical supervision, 
which may include in a home setting; and 
‘‘(v) intended only for an individual receiving active 
and ongoing medical supervision under which the indi-
vidual requires medical care on a recurring basis for, among 
other things, instructions on the use of the food; and 
‘‘(B) may not include— 
‘‘(i) food taken as part of an overall diet designed 
to reduce the risk of a disease or medical condition or 
as weight-loss products, even if the food is recommended 
by a physician or other health care professional; 
‘‘(ii) food marketed as gluten-free for the management 
of celiac disease or non-celiac gluten sensitivity; 
‘‘(iii) food marketed for the management of diabetes; 
or 
‘‘(iv) such other products as the Secretary determines 
appropriate. 
‘‘(3) In this subsection, the term ‘covered disease or condition’ 
means— 
‘‘(A) inborn errors of metabolism; 
‘‘(B) medical conditions of malabsorption; 
‘‘(C) pathologies of the alimentary tract or the gastro-
intestinal tract; 
‘‘(D) a neurological or physiological condition; and 
‘‘(E) such other diseases or conditions the Secretary deter-
mines appropriate.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply to health care provided under chapter 55 of such 
title on or after the date that is one year after the date of the 
enactment of this Act. 
SEC. 715. ELIGIBILITY OF CERTAIN BENEFICIARIES UNDER THE 
TRICARE PROGRAM FOR PARTICIPATION IN THE FEDERAL 
EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM. 
(a) IN GENERAL.— 
(1) DENTAL
BENEFITS.—Section 8951 of title 5, United 
States Code, is amended— 
(A) in paragraph (3), by striking ‘‘paragraph (1) or 
(2)’’ and inserting ‘‘paragraph (1), (2), or (8)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(8) The term ‘covered TRICARE-eligible individual’ means 
an individual entitled to dental care under chapter 55 of title 
10, pursuant to section 1076c of such title, who the Secretary 
of Defense determines should be an eligible individual for pur-
poses of this chapter.’’. 
(2) VISION BENEFITS.—Section 8981 of title 5, United States 
Code, is amended— 
(A) in paragraph (3), by striking ‘‘paragraph (1) or 
(2)’’ and inserting ‘‘paragraph (1), (2), or (8)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(8)(A) The term ‘covered TRICARE-eligible individual’— 
‘‘(i) means an individual entitled to medical care under 
chapter 55 of title 10, pursuant to section 1076d, 1076e, 
1079(a), 1086(c), or 1086(d) of such title, who the Secretary 
of Defense determines in accordance with an agreement 
10 USC 1077 
note. 
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130 STAT. 2222 
PUBLIC LAW 114–328—DEC. 23, 2016 
entered into under subparagraph (B) should be an eligible 
individual for purposes of this chapter; and 
‘‘(ii) does not include an individual covered under sec-
tion 1110b of title 10. 
‘‘(B) The Secretary of Defense shall enter into an agreement 
with the Director of the Office relating to classes of individuals 
described in subparagraph (A)(i) who should be eligible individ-
uals for purposes of this chapter.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DENTAL BENEFITS.—Section 8958(c) of title 5, United 
States Code, is amended— 
(A) in paragraph (1), by striking ‘‘or’’ at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
‘‘(3) in the case of a covered TRICARE-eligible individual 
who receives pay from the Federal Government or an annuity 
from the Federal Government due to the death of a member 
of the uniformed services (as defined in section 101 of title 
10), and is not a former spouse of a member of the uniformed 
services, be withheld from— 
‘‘(A) the pay (including retired pay) of such individual; 
or 
‘‘(B) the annuity paid to such individual; or 
‘‘(4) in the case of a covered TRICARE-eligible individual 
who is not described in paragraph (3), be billed to such indi-
vidual directly.’’. 
(2) VISION BENEFITS.—Section 8988(c) of title 5, United 
States Code, is amended— 
(A) in paragraph (1), by striking ‘‘or’’ at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
‘‘(3) in the case of a covered TRICARE-eligible individual 
who receives pay from the Federal Government or an annuity 
from the Federal Government due to the death of a member 
of the uniformed services (as defined in section 101 of title 
10), and is not a former spouse of a member of the uniformed 
services, be withheld from— 
‘‘(A) the pay (including retired pay) of such individual; 
or 
‘‘(B) the annuity paid to such individual; or 
‘‘(4) in the case of a covered TRICARE-eligible individual 
who is not described in paragraph (3), be billed to such indi-
vidual directly.’’. 
(3) PLAN FOR DENTAL INSURANCE FOR CERTAIN RETIREES, 
SURVIVING SPOUSES, AND OTHER DEPENDENTS.—Subsection (a) 
of section 1076c of title 10, United States Code, is amended 
to read as follows: 
‘‘(a) REQUIREMENT FOR PLAN.—(1) The Secretary of Defense 
shall establish a dental insurance plan for retirees of the uniformed 
services, certain unremarried surviving spouses, and dependents 
in accordance with this section. 
‘‘(2) The Secretary may satisfy the requirement under para-
graph (1) by entering into an agreement with the Director of the 
Office of Personnel Management to allow persons described in sub-
section (b) to enroll in an insurance plan under chapter 89A of 
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130 STAT. 2223 
PUBLIC LAW 114–328—DEC. 23, 2016 
title 5 that provides benefits similar to those benefits required 
to be provided under subsection (d).’’. 
(c) APPLICABILITY.—The amendments made by this section shall 
apply with respect to the first contract year for chapter 89A or 
89B of title 5, United States Code, as applicable, that begins on 
or after January 1, 2018. 
SEC. 716. APPLIED BEHAVIOR ANALYSIS. 
(a) RATES OF REIMBURSEMENT.— 
(1) IN GENERAL.—In furnishing applied behavior analysis 
under the TRICARE program to individuals described in para-
graph (2) during the period beginning on the date of the enact-
ment of this Act and ending on December 31, 2018, the Sec-
retary of Defense shall ensure that the reimbursement rates 
for providers of applied behavior analysis are not less than 
the rates that were in effect on March 31, 2016. 
(2) INDIVIDUALS DESCRIBED.—Individuals described in this 
paragraph are individuals who are covered beneficiaries by 
reason of being a member or former member of the Army, 
Navy, Air Force, or Marine Corps, including the reserve compo-
nents thereof, or a dependent of such a member or former 
member. 
(b) ANALYSIS.— 
(1) IN GENERAL.—Upon the completion of the Department 
of Defense Comprehensive Autism Care Demonstration, the 
Assistant Secretary of Defense for Health Affairs shall conduct 
an analysis to— 
(A) use data gathered during the demonstration to 
set future reimbursement rates for providers of applied 
behavior analysis under the TRICARE program; 
(B) review comparative commercial insurance claims 
for purposes of setting such future rates, including by— 
(i) conducting an analysis of the comparative total 
of commercial insurance claims billed for applied 
behavior analysis; and 
(ii) reviewing any covered beneficiary limitations 
on access to applied behavior analysis services at var-
ious military installations throughout the United 
States; and 
(C) determine whether the use of applied behavioral 
analysis under the demonstration has improved outcomes 
for covered beneficiaries with autism spectrum disorder. 
(2) SUBMISSION.—The Assistant Secretary shall submit to 
the Committees on Armed Services of the Senate and the 
House of Representatives the analysis conducted under para-
graph (1). 
(c) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those 
terms in section 1072 of title 10, United States Code. 
SEC. 717. EVALUATION AND TREATMENT OF VETERANS AND CIVILIANS 
AT MILITARY TREATMENT FACILITIES. 
(a) IN GENERAL.—The Secretary of Defense shall authorize 
a veteran (in consultation with the Secretary of Veterans Affairs) 
or civilian to be evaluated and treated at a military treatment 
facility if the Secretary of Defense determines that— 
10 USC 1071 
note. 
5 USC 8951 note. 
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(1) the evaluation and treatment of the individual is nec-
essary to attain the relevant mix and volume of medical case-
work required to maintain medical readiness skills and com-
petencies of health care providers at the facility; 
(2) the health care providers at the facility have the com-
petencies, skills, and abilities required to treat the individual; 
and 
(3) the facility has available space, equipment, and mate-
rials to treat the individual. 
(b) PRIORITY OF COVERED BENEFICIARIES.—The evaluation and 
treatment of covered beneficiaries at military treatment facilities 
shall be prioritized ahead of the evaluation and treatment of vet-
erans and civilians at such facilities under subsection (a). 
(c) REIMBURSEMENT FOR TREATMENT.— 
(1) CIVILIANS.—A military treatment facility that evaluates 
or treats an individual (other than an individual described 
in paragraph (2)) under subsection (a) shall bill the individual 
and accept reimbursement from the individual or a third-party 
payer (as that term is defined in section 1095(h) of title 10, 
United States Code) on behalf of such individual for the costs 
of any health care services provided to the individual under 
such subsection. 
(2) VETERANS.—The Secretary of Defense shall enter into 
a memorandum of agreement with the Secretary of Veterans 
Affairs under which the Secretary of Veterans Affairs will pay 
a military treatment facility using a prospective payment meth-
odology (including interagency transfers of funds or obligational 
authority and similar transactions) for the costs of any health 
care services provided at the facility under subsection (a) to 
individuals eligible for such health care services from the 
Department of Veterans Affairs. 
(3) USE OF AMOUNTS.—The Secretary of Defense shall make 
available to a military treatment facility any amounts collected 
by such facility under paragraph (1) or (2) for health care 
services provided to an individual under subsection (a). 
(d) COVERED BENEFICIARY DEFINED.—In this section, the term 
‘‘covered beneficiary’’ has the meaning given that term in section 
1072 of title 10, United States Code. 
SEC. 718. ENHANCEMENT OF USE OF TELEHEALTH SERVICES IN MILI-
TARY HEALTH SYSTEM. 
(a) INCORPORATION OF TELEHEALTH.— 
(1) IN GENERAL.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary of Defense shall 
incorporate, throughout the direct care and purchased care 
components of the military health system, the use of telehealth 
services, including mobile health applications— 
(A) to improve access to primary care, urgent care, 
behavioral health care, and specialty care; 
(B) to perform health assessments; 
(C) to provide diagnoses, interventions, and super-
vision; 
(D) to monitor individual health outcomes of covered 
beneficiaries with chronic diseases or conditions; 
(E) to improve communication between health care 
providers and patients; and 
10 USC 1071 
note. 
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130 STAT. 2225 
PUBLIC LAW 114–328—DEC. 23, 2016 
(F) to reduce health care costs for covered beneficiaries 
and the Department of Defense. 
(2) TYPES OF TELEHEALTH SERVICES.—The telehealth serv-
ices required to be incorporated under paragraph (1) shall 
include those telehealth services that— 
(A) maximize the use of secure messaging between 
health care providers and covered beneficiaries to improve 
the access of covered beneficiaries to health care and reduce 
the number of visits to medical facilities for health care 
needs; 
(B) allow covered beneficiaries to schedule appoint-
ments; and 
(C) allow health care providers, through video con-
ference, telephone or tablet applications, or home health 
monitoring devices— 
(i) to assess and evaluate disease signs and symp-
toms; 
(ii) to diagnose diseases; 
(iii) to supervise treatments; and 
(iv) to monitor health outcomes. 
(b) COVERAGE OF ITEMS OR SERVICES.—An item or service fur-
nished to a covered beneficiary via a telecommunications system 
shall be covered under the TRICARE program to the same extent 
as the item or service would be covered if furnished in the location 
of the covered beneficiary. 
(c) REIMBURSEMENT RATES FOR TELEHEALTH SERVICES.—The 
Secretary shall develop standardized payment methods to reimburse 
health care providers for telehealth services provided to covered 
beneficiaries in the purchased care component of the TRICARE 
program, including by using reimbursement rates that incentivize 
the provision of telehealth services. 
(d) REDUCTION
OR ELIMINATION
OF COPAYMENTS.—The Sec-
retary shall reduce or eliminate, as the Secretary considers appro-
priate, copayments or cost shares for covered beneficiaries in connec-
tion with the receipt of telehealth services under the purchased 
care component of the TRICARE program. 
(e) REPORTS.— 
(1) INITIAL REPORT.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report describing the 
full range of telehealth services to be available in the 
direct care and purchased care components of the military 
health system and the copayments and cost shares, if any, 
associated with those services. 
(B) REIMBURSEMENT PLAN.—The report required under 
subparagraph (A) shall include a plan to develop standard-
ized payment methods to reimburse health care providers 
for telehealth services provided to covered beneficiaries 
in the purchased care component of the TRICARE program, 
as required under subsection (c). 
(2) FINAL REPORT.— 
(A) IN GENERAL.—Not later than three years after the 
date on which the Secretary begins incorporating, through-
out the direct care and purchased care components of the 
military health system, the use of telehealth services as 
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130 STAT. 2226 
PUBLIC LAW 114–328—DEC. 23, 2016 
required under subsection (a), the Secretary shall submit 
to the Committees on Armed Services of the Senate and 
the House of Representatives a report describing the impact 
made by the use of telehealth services, including mobile 
health applications, to carry out the actions specified in 
subparagraphs (A) through (F) of subsection (a)(1). 
(B) ELEMENTS.—The report required under subpara-
graph (A) shall include an assessment of the following: 
(i) The satisfaction of covered beneficiaries with 
telehealth services furnished by the Department of 
Defense. 
(ii) The satisfaction of health care providers in 
providing telehealth services furnished by the Depart-
ment. 
(iii) The effect of telehealth services furnished by 
the Department on the following: 
(I) The ability of covered beneficiaries to access 
health care services in the direct care and pur-
chased care components of the military health 
system. 
(II) The frequency of use of telehealth services 
by covered beneficiaries. 
(III) The productivity of health care providers 
providing care furnished by the Department. 
(IV) The reduction, if any, in the use by cov-
ered beneficiaries of health care services in mili-
tary treatment facilities or medical facilities in 
the private sector. 
(V) The number and types of appointments 
for the receipt of telehealth services furnished by 
the Department. 
(VI) The savings, if any, realized by the 
Department by furnishing telehealth services to 
covered beneficiaries. 
(f) REGULATIONS.— 
(1) INTERIM FINAL RULE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
prescribe an interim final rule to implement this section. 
(2) FINAL RULE.—Not later than 180 days after prescribing 
the interim final rule under paragraph (1) and considering 
public comments with respect to such interim final rule, the 
Secretary shall prescribe a final rule to implement this section. 
(3) OBJECTIVES.—The regulations prescribed under para-
graphs (1) and (2) shall accomplish the objectives set forth 
in subsection (a) and ensure quality of care, patient safety, 
and the integrity of the TRICARE program. 
(g) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those 
terms in section 1072 of title 10, United States Code. 
SEC. 719. AUTHORIZATION OF REIMBURSEMENT BY DEPARTMENT OF 
DEFENSE TO ENTITIES CARRYING OUT STATE VACCINA-
TION PROGRAMS FOR COSTS OF VACCINES PROVIDED TO 
COVERED BENEFICIARIES. 
(a) REIMBURSEMENT.— 
10 USC 1074g 
note. 
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130 STAT. 2227 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—The Secretary of Defense may reimburse 
an amount determined under paragraph (2) to an entity car-
rying out a State vaccination program for the cost of vaccines 
provided to covered beneficiaries through such program. 
(2) AMOUNT OF REIMBURSEMENT.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amount determined under this paragraph with 
respect to a State vaccination program shall be the amount 
assessed by the entity carrying out such program to pur-
chase vaccines provided to covered beneficiaries through 
such program. 
(B) LIMITATION.—The amount determined under this 
paragraph to provide vaccines to covered beneficiaries 
through a State vaccination program may not exceed the 
amount that the Department would reimburse an entity 
under the TRICARE program for providing vaccines to 
the number of covered beneficiaries who were involved 
in the applicable State vaccination program. 
(b) DEFINITIONS.—In this section: 
(1) COVERED BENEFICIARY; TRICARE PROGRAM.—The terms 
‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the 
meanings given those terms in section 1072 of title 10, United 
States Code. 
(2) STATE VACCINATION PROGRAM.—The term ‘‘State vac-
cination program’’ means a vaccination program that provides 
vaccinations to individuals in a State and is carried out by 
an entity (including an agency of the State) within the State. 
Subtitle C—Health Care Administration 
SEC. 721. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL 
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSI-
TIONS. 
(a) LIMITED AUTHORITY FOR CONVERSION.— 
(1) AUTHORITY.—Chapter 49 of title 10, United States Code, 
is amended by inserting after section 976 the following new 
section: 
‘‘§ 977. Conversion of military medical and dental positions 
to civilian medical and dental positions: limitation 
‘‘(a) PROCESS.—The Secretary of Defense, in collaboration with 
the Secretaries of the military departments, shall establish a process 
to define the military medical and dental personnel requirements 
necessary to meet operational medical force readiness requirements. 
‘‘(b) REQUIREMENTS RELATING
TO CONVERSION.—A military 
medical or dental position within the Department of Defense may 
be converted to a civilian medical or dental position if the Secretary 
determines that the position is not necessary to meet operational 
medical force readiness requirements, as determined pursuant to 
subsection (a). 
‘‘(c) GRADE OR LEVEL CONVERTED.—In carrying out a conversion 
under subsection (b), the Secretary of Defense— 
‘‘(1) shall convert the applicable military position to a 
civilian position with a level of compensation commensurate 
with the skills and experience necessary to carry out the duties 
of such civilian position; and 
10 USC 977. 
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130 STAT. 2228 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) may not place any limitation on the grade or level 
to which the military position is so converted. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘military medical or dental position’ means 
a position for the performance of health care functions within 
the armed forces held by a member of the armed forces. 
‘‘(2) The term ‘civilian medical or dental position’ means 
a position for the performance of health care functions within 
the Department of Defense held by an employee of the Depart-
ment or of a contractor of the Department. 
‘‘(3) The term ‘conversion’, with respect to a military med-
ical or dental position, means a change of the position to a 
civilian medical or dental position, effective as of the date 
of the manning authorization document of the military depart-
ment making the change (through a change in designation 
from military to civilian in the document, the elimination of 
the listing of the position as a military position in the document, 
or through any other means indicating the change in the docu-
ment or otherwise).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 49 of such title is amended by inserting 
after the item relating to section 976 the following new item: 
‘‘977. Conversion of military medical and dental positions to civilian medical and 
dental positions: limitation.’’. 
(3) EFFECTIVE DATE OF CONVERSION AUTHORITY.—The Sec-
retary of Defense may not carry out section 977(b) of title 
10, United States Code, as added by paragraph (1), until the 
date that is 180 days after the date on which the Secretary 
submits the report under subsection (b). 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report that includes the following: 
(1) A description of the process established under section 
977(a) of title 10, United States Code, as added by subsection 
(a), to define the military medical and dental personnel require-
ments necessary to meet operational medical force readiness 
requirements. 
(2) A complete list, by position, of the military medical 
and dental personnel requirements necessary to meet oper-
ational medical force readiness requirements. 
(c) CONFORMING REPEAL.—Section 721 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 198; 10 U.S.C. 129c note) is repealed. 
SEC. 722. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE 
MEDICAL CARE FOR THE COAST GUARD. 
(a) IN GENERAL.—Chapter 13 of title 14, United States Code, 
is amended by adding at the end the following: 
‘‘§ 520. Prospective payment of funds necessary to provide 
medical care 
‘‘(a) 
PROSPECTIVE
PAYMENT
REQUIRED.—In 
lieu 
of 
the 
reimbursement required under section 1085 of title 10, the Secretary 
of Homeland Security shall make a prospective payment to the 
Secretary of Defense of an amount that represents the actuarial 
valuation of treatment or care— 
14 USC 520. 
10 USC 977 note. 
10 USC 971 prec. 
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130 STAT. 2229 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(1) that the Department of Defense shall provide to mem-
bers of the Coast Guard, former members of the Coast Guard, 
and dependents of such members and former members (other 
than former members and dependents of former members who 
are a Medicare-eligible beneficiary or for whom the payment 
for treatment or care is made from the Medicare-Eligible 
Retiree Health Care Fund) at facilities under the jurisdiction 
of the Department of Defense or a military department; and 
‘‘(2) for which a reimbursement would otherwise be made 
under section 1085. 
‘‘(b) AMOUNT.—The amount of the prospective payment under 
subsection (a) shall be— 
‘‘(1) in the case of treatment or care to be provided to 
members of the Coast Guard and their dependents, derived 
from amounts appropriated for the operating expenses of the 
Coast Guard; 
‘‘(2) in the case of treatment or care to be provided former 
members of the Coast Guard and their dependents, derived 
from amounts appropriated for retired pay; 
‘‘(3) determined under procedures established by the Sec-
retary of Defense; 
‘‘(4) paid during the fiscal year in which treatment or 
care is provided; and 
‘‘(5) subject to adjustment or reconciliation as the Secre-
taries determine appropriate during or promptly after such 
fiscal year in cases in which the prospective payment is deter-
mined excessive or insufficient based on the services actually 
provided. 
‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERVICE IN NAVY.—No 
prospective payment shall be made under this section for any period 
during which the Coast Guard operates as a service in the Navy. 
‘‘(d) RELATIONSHIP TO TRICARE.—This section shall not be 
construed to require a payment for, or the prospective payment 
of an amount that represents the value of, treatment or care pro-
vided under any TRICARE program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 13 of title 
14, United States Code, is amended by adding at the end the 
following: 
‘‘520. Prospective payment of funds necessary to provide medical care.’’. 
(c) REPEAL.—Section 217 of the Coast Guard Authorization 
Act of 2016 (Public Law 114–120), as amended by section 3503, 
and the item relating to that section in the table of contents in 
section 2 of such Act, are repealed. 
SEC. 723. REDUCTION OF ADMINISTRATIVE REQUIREMENTS RELATING 
TO AUTOMATIC RENEWAL OF ENROLLMENTS IN TRICARE 
PRIME. 
Section 1097a(b) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘(1) An’’ and inserting 
‘‘An’’; and 
(2) by striking paragraph (2). 
10 USC 1085 
note. 
10 USC 461 prec. 
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130 STAT. 2230 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 724. MODIFICATION OF AUTHORITY OF UNIFORMED SERVICES 
UNIVERSITY OF THE HEALTH SCIENCES TO INCLUDE 
UNDERGRADUATE AND OTHER MEDICAL EDUCATION AND 
TRAINING PROGRAMS. 
(a) IN GENERAL.—Section 2112(a) of title 10, United States 
Code, is amended to read as follows: 
‘‘(a)(1) There is established a Uniformed Services University 
of the Health Sciences (in this chapter referred to as the ‘Univer-
sity’) with authority to grant appropriate certificates, certifications, 
undergraduate degrees, and advanced degrees. 
‘‘(2) The University shall be so organized as to graduate not 
fewer than 100 medical students annually. 
‘‘(3) The headquarters of the University shall be at a site 
or sites selected by the Secretary of Defense within 25 miles of 
the District of Columbia.’’. 
(b) ADMINISTRATION.—Section 2113 of such title is amended— 
(1) in subsection (d)— 
(A) in the first sentence, by striking ‘‘located in or 
near the District of Columbia’’; 
(B) in the third sentence, by striking ‘‘in or near the 
District of Columbia’’; and 
(C) by striking the fifth sentence; and 
(2) in subsection (e)(3), by inserting after ‘‘programs’’ the 
following: ‘‘, including certificate, certification, and under-
graduate degree programs,’’. 
(c) REPEAL OF EXPIRED PROVISION.—Section 2112a of such title 
is amended— 
(1) by striking subsection (b); and 
(2) in subsection (a), by striking ‘‘(a) CLOSURE PROHIB-
ITED.—’’. 
SEC. 725. ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AUTHOR-
IZED STRENGTHS, AND INFRASTRUCTURE IN MILITARY 
HEALTH SYSTEM TO MAINTAIN READINESS AND CORE 
COMPETENCIES OF HEALTH CARE PROVIDERS. 
(a) IN GENERAL.—Except as provided by subsection (c), not 
later than one year after the date of the enactment of this Act, 
the Secretary of Defense shall implement measures to maintain 
the critical wartime medical readiness skills and core competencies 
of health care providers within the Armed Forces. 
(b) MEASURES.—The measures under subsection (a) shall 
include measures under which the Secretary ensures the following: 
(1) Medical services provided through the military health 
system at military medical treatment facilities— 
(A) maintain the critical wartime medical readiness 
skills and core competencies of health care providers within 
the Armed Forces; and 
(B) ensure the medical readiness of the Armed Forces. 
(2) The authorized strengths for military and civilian per-
sonnel throughout the military health system— 
(A) maintain the critical wartime medical readiness 
skills and core competencies of health care providers within 
the Armed Forces; and 
(B) ensure the medical readiness of the Armed Forces. 
(3) The infrastructure in the military health system, 
including infrastructure of military medical treatment facili-
ties— 
10 USC 1074 
note. 
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(A) maintains the critical wartime medical readiness 
skills and core competencies of health care providers within 
the Armed Forces; and 
(B) ensures the medical readiness of the Armed Forces. 
(4) Any covered beneficiary who may be affected by the 
measures implemented under subsection (a) will be able to 
receive through the purchased care component of the TRICARE 
program any medical services that will not be available to 
such covered beneficiary at a military medical treatment facility 
by reason of such measures. 
(c) EXCEPTION.—The Secretary is not required to implement 
measures under subsection (a)(1) with respect to military medical 
treatment facilities located in a foreign country if the Secretary 
determines that providing medical services in addition to the med-
ical services described in such subsection is necessary to ensure 
that covered beneficiaries located in that foreign country have access 
to a similar level of care available to covered beneficiaries located 
in the United States. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘clinical and logistical capabilities’’ means 
those capabilities relating to the provision of health care that 
are 
necessary 
to 
accomplish 
operational 
requirements, 
including— 
(A) combat casualty care; 
(B) medical response to and treatment of injuries sus-
tained from chemical, biological, radiological, nuclear, or 
explosive incidents; 
(C) diagnosis and treatment of infectious diseases; 
(D) aerospace medicine; 
(E) undersea medicine; 
(F) diagnosis, treatment, and rehabilitation of special-
ized medical conditions; 
(G) diagnosis and treatment of diseases and injuries 
that are not related to battle; and 
(H) humanitarian assistance. 
(2) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-
gram’’ have the meanings given those terms in section 1072 
of title 10, United States Code. 
(3) The term ‘‘critical wartime medical readiness skills 
and core competencies’’ means those essential medical capabili-
ties, including clinical and logistical capabilities, that are— 
(A) necessary to be maintained by health care providers 
within the Armed Forces for national security purposes; 
and 
(B) vital to the provision of effective and timely health 
care during contingency operations. 
SEC. 726. PROGRAM TO ELIMINATE VARIABILITY IN HEALTH OUT-
COMES AND IMPROVE QUALITY OF HEALTH CARE SERV-
ICES DELIVERED IN MILITARY MEDICAL TREATMENT 
FACILITIES. 
(a) PROGRAM.—Beginning not later than January 1, 2018, the 
Secretary of Defense shall implement a program— 
(1) to establish best practices for the delivery of health 
care services for certain diseases or conditions at military med-
ical treatment facilities, as selected by the Secretary; 
10 USC 1071 
note. 
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(2) to incorporate such best practices into the daily oper-
ations of military medical treatment facilities selected by the 
Secretary for purposes of the program, with priority in selection 
given to facilities that provide specialty care; and 
(3) to eliminate variability in health outcomes and to 
improve the quality of health care services delivered at military 
medical treatment facilities selected by the Secretary for pur-
poses of the program. 
(b) USE OF CLINICAL PRACTICE GUIDELINES.—In carrying out 
the program under subsection (a), the Secretary shall develop, 
implement, monitor, and update clinical practice guidelines 
reflecting the best practices established under paragraph (1) of 
such subsection. 
(c) DEVELOPMENT.—In developing the clinical practice guide-
lines under subsection (b), the Secretary shall ensure that such 
development includes a baseline assessment of health care delivery 
and outcomes at military medical treatment facilities to evaluate 
and determine evidence-based best practices, within the direct care 
component of the military health system and the private sector, 
for treating the diseases or conditions selected by the Secretary 
under subsection (a)(1). 
(d) IMPLEMENTATION.—The Secretary shall implement the clin-
ical practice guidelines under subsection (b) in military medical 
treatment facilities selected by the Secretary under subsection (a)(2) 
using means determined appropriate by the Secretary, including 
by communicating with the relevant health care providers of the 
evidence upon which the guidelines are based and by providing 
education and training on the most appropriate implementation 
of the guidelines. 
(e) MONITORING.—The Secretary shall monitor the implementa-
tion of the clinical practice guidelines under subsection (b) using 
appropriate means, including by monitoring the results in clinical 
outcomes based on specific metrics included as part of the guide-
lines. 
(f) UPDATING.—The Secretary shall periodically update the clin-
ical practice guidelines under subsection (b) based on the results 
of monitoring conducted under subsection (e) and by continuously 
assessing evidence-based best practices within the direct care 
component of the military health system and the private sector. 
(g) CONTINUOUS CYCLE.—The Secretary shall establish a contin-
uous cycle of carrying out subsections (c) through (f) with respect 
to the clinical practice guidelines established under subsection (a). 
SEC. 727. ACQUISITION STRATEGY FOR HEALTH CARE PROFESSIONAL 
STAFFING SERVICES. 
(a) ACQUISITION STRATEGY.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
and carry out a performance-based, strategic sourcing acquisi-
tion strategy with respect to entering into contracts for the 
services of health care professional staff at military medical 
treatment facilities located in a State. 
(2) ELEMENTS.—The acquisition strategy under paragraph 
(1) shall include the following: 
(A) Except as provided by subparagraph (B), a require-
ment that all the military medical treatment facilities that 
provide direct care use contracts described under paragraph 
(1). 
10 USC 1091 
note. 
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130 STAT. 2233 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) A process for a military medical treatment facility 
to obtain a waiver of the requirement under subparagraph 
(A) in order to use an acquisition strategy not described 
in paragraph (1). 
(C) Identification of the responsibilities of the military 
departments and the elements of the Department of 
Defense in carrying out such strategy. 
(D) Projection of the demand by covered beneficiaries 
for health care services, including with respect to primary 
care and expanded-hours urgent care services. 
(E) Estimation of the workload gaps at military medical 
treatment facilities for health care services, including with 
respect to primary care and expanded-hours urgent care 
services. 
(F) Methods to analyze, using reliable and detailed 
data covering the entire direct care component of the mili-
tary health system, the amount of funds expended on con-
tracts for the services of health care professional staff. 
(G) Methods to identify opportunities to consolidate 
requirements for such services and reduce cost. 
(H) Methods to measure cost savings that are realized 
by using such contracts instead of purchased care. 
(I) Metrics to determine the effectiveness of such 
strategy. 
(J) Metrics to evaluate the success of the strategy 
in achieving its objectives, including metrics to assess the 
effects of the strategy on the timeliness of beneficiary access 
to professional health care services in military medical 
treatment facilities. 
(K) Such other matters as the Secretary considers 
appropriate. 
(b) REPORT.—Not later than July 1, 2017, the Secretary shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the status of implementing 
the acquisition strategy under paragraph (1) of subsection (a), 
including how each element under subparagraphs (A) through (K) 
of paragraph (2) of such subsection is being carried out. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered beneficiary’’ has the meaning given 
that term in section 1072 of title 10, United States Code. 
(2) The term ‘‘State’’ means the several States and the 
District of Columbia. 
(d) CONFORMING REPEAL.—Section 725 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act 
for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1091 note) 
is repealed. 
SEC. 728. ADOPTION OF CORE QUALITY PERFORMANCE METRICS. 
(a) ADOPTION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
adopt, to the extent appropriate, the core quality performance 
metrics agreed upon by the Core Quality Measures Collabo-
rative for use by the military health system and in contracts 
awarded to carry out the TRICARE program. 
(2) CORE MEASURES.—The core quality performance metrics 
described in paragraph (1) shall include the following sets: 
10 USC 1071 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(A) Accountable care organizations, patient centered 
medical homes, and primary care. 
(B) Cardiology. 
(C) Gastroenterology. 
(D) HIV and hepatitis C. 
(E) Medical oncology. 
(F) Obstetrics and gynecology. 
(G) Orthopedics. 
(H) Such other sets of core quality performance metrics 
released by the Core Quality Measures Collaborative as 
the Secretary considers appropriate. 
(b) PUBLICATION.— 
(1) ONLINE AVAILABILITY.—Section 1073b of title 10, United 
States Code, is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘Not later than’’ and all that follows 
through ‘‘2016, the Secretary’’ and inserting ‘‘The Sec-
retary’’; and 
(ii) by adding at the end the following new sen-
tence: ‘‘Such data shall include the core quality 
performance metrics adopted by the Secretary under 
section 728 of the National Defense Authorization Act 
for Fiscal Year 2017.’’; and 
(B) in the section heading, by inserting ‘‘and publica-
tion of certain data’’ after ‘‘reports’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 55 of title 10, United States Code, is 
amended by striking the item relating to section 1073b and 
inserting the following: 
‘‘1073b. Recurring reports and publication of certain data.’’. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘Core Quality Measures Collaborative’’ means 
the collaboration between the Centers for Medicare & Medicaid 
Services, major health insurance companies, national physician 
organizations, and other entities to reach consensus on core 
performance measures reported by health care providers. 
(2) The term ‘‘TRICARE program’’ has the meaning given 
that term in section 1072 of title 10, United States Code. 
SEC. 729. IMPROVEMENT OF HEALTH OUTCOMES AND CONTROL OF 
COSTS OF HEALTH CARE UNDER TRICARE PROGRAM 
THROUGH PROGRAMS TO INVOLVE COVERED BENE-
FICIARIES. 
(a) MEDICAL INTERVENTION INCENTIVE PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
a program to incentivize covered beneficiaries to participate 
in medical intervention programs established by the Secretary, 
such as comprehensive disease management programs, that 
may include lowering fees for enrollment in the TRICARE 
program by a certain percentage or lowering copayment and 
cost-share amounts for health care services during a particular 
year for covered beneficiaries with chronic diseases or condi-
tions described in paragraph (2) who met participation mile-
stones, as determined by the Secretary, in the previous year 
in such medical intervention programs. 
10 USC 1073 
note. 
10 USC 1071 
note. 
10 USC 1071 
prec. 
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130 STAT. 2235 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) CHRONIC DISEASES OR CONDITIONS DESCRIBED.—Chronic 
diseases or conditions described in this paragraph may include 
diabetes, chronic obstructive pulmonary disease, asthma, 
congestive heart failure, hypertension, history of stroke, coro-
nary artery disease, mood disorders, obesity, and such other 
diseases or conditions as the Secretary determines appropriate. 
(b) LIFESTYLE INTERVENTION INCENTIVE PROGRAM.—The Sec-
retary shall establish a program to incentivize lifestyle interventions 
for covered beneficiaries, such as smoking cessation and weight 
reduction, that may include lowering fees for enrollment in the 
TRICARE program by a certain percentage or lowering copayment 
and cost share amounts for health care services during a particular 
year for covered beneficiaries who met participation milestones, 
as determined by the Secretary, in the previous year with respect 
to such lifestyle interventions, such as quitting smoking or achieving 
a lower body mass index by a certain percentage. 
(c) HEALTHY LIFESTYLE MAINTENANCE INCENTIVE PROGRAM.— 
The Secretary shall establish a program to incentivize the mainte-
nance of a healthy lifestyle among covered beneficiaries, such as 
exercise and weight maintenance, that may include lowering fees 
for enrollment in the TRICARE program by a certain percentage 
or lowering copayment and cost-share amounts for health care 
services during a particular year for covered beneficiaries who met 
participation milestones, as determined by the Secretary, in the 
previous year with respect to the maintenance of a healthy lifestyle, 
such as maintaining smoking cessation or maintaining a normal 
body mass index. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than January 1, 2020, the Sec-
retary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the 
implementation of the programs established under subsections 
(a), (b), and (c). 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A detailed description of the programs implemented 
under subsections (a), (b), and (c). 
(B) An assessment of the impact of such programs 
on— 
(i) improving health outcomes for covered bene-
ficiaries; and 
(ii) lowering per capita health care costs for the 
Department of Defense. 
(e) REGULATIONS.—Not later than January 1, 2018, the Sec-
retary shall prescribe an interim final rule to carry out this section. 
(f) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those 
terms in section 1072 of title 10, United States Code. 
SEC. 730. ACCOUNTABILITY FOR THE PERFORMANCE OF THE MILI-
TARY HEALTH SYSTEM OF CERTAIN LEADERS WITHIN THE 
SYSTEM. 
(a) IN GENERAL.—Commencing not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense, 
in consultation with the Secretaries of the military departments, 
shall incorporate into the annual performance review of each mili-
tary and civilian leader in the military health system, as determined 
10 USC 1071 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
by the Secretary of Defense, measures of accountability for the 
performance of the military health system described in subsection 
(b). 
(b) MEASURES
OF ACCOUNTABILITY
FOR PERFORMANCE.—The 
measures of accountability for the performance of the military 
health system incorporated into the annual performance review 
of an individual pursuant to this section shall include measures 
to assess performance and assure accountability for the following: 
(1) Quality of care. 
(2) Access of beneficiaries to care. 
(3) Improvement in health outcomes for beneficiaries. 
(4) Patient safety. 
(5) Such other matters as the Secretary of Defense, in 
consultation with the Secretaries of the military departments, 
considers appropriate. 
(c) REPORT ON IMPLEMENTATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the incorporation 
of measures of accountability for the performance of the military 
health system into the annual performance reviews of individ-
uals as required by this section. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A comprehensive plan for the use of measures 
of accountability for performance in annual performance 
reviews pursuant to this section as a means of assessing 
and assuring accountability for the performance of the 
military health system. 
(B) The identification of each leadership position in 
the military health system determined under subsection 
(a) and a description of the specific measures of account-
ability for performance to be incorporated into the annual 
performance reviews of each such position pursuant to 
this section. 
SEC. 731. ESTABLISHMENT OF ADVISORY COMMITTEES FOR MILITARY 
TREATMENT FACILITIES. 
(a) IN GENERAL.—The Secretary of Defense shall establish, 
under such regulations as the Secretary may prescribe, an advisory 
committee for each military treatment facility. 
(b) STATUS OF CERTAIN MEMBERS OF ADVISORY COMMITTEES.— 
A member of an advisory committee established under subsection 
(a) who is not a member of the Armed Forces on active duty 
or an employee of the Federal Government shall, with the approval 
of the commanding officer or director of the military treatment 
facility concerned, be treated as a volunteer under section 1588 
of title 10, United States Code, in carrying out the duties of the 
member under this section. 
(c) DUTIES.—Each advisory committee established under sub-
section (a) for a military treatment facility shall provide to the 
commanding officer or director of such facility advice on the 
administration and activities of such facility as it relates to the 
experience of care for beneficiaries at such facility. 
10 USC 1071 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle D—Reports and Other Matters 
SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF 
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
FACILITY 
DEMONSTRATION 
FUND 
AND 
REPORT 
ON 
IMPLEMENTATION 
OF 
INFORMATION 
TECHNOLOGY 
CAPABILITIES. 
(a) IN GENERAL.—Section 1704(e) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2573), as amended by section 722 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act 
for Fiscal Year 2015 (Public Law 113–291) and section 723 of 
the National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92), is further amended by striking ‘‘September 30, 2017’’ 
and inserting ‘‘September 30, 2018’’. 
(b) REPORT ON IMPLEMENTATION OF INFORMATION TECHNOLOGY 
CAPABILITIES.—Not later than March 30, 2017, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on plans 
to implement all information technology capabilities required by 
the executive agreement entered into under section 1701(a) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2567) that remain unimplemented as of 
the date of the report. 
SEC. 742. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN 
ASSISTANTS TO PROVIDE MENTAL HEALTH CARE TO MEM-
BERS OF THE ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense may conduct a 
pilot program to assess the feasibility and advisability of expanding 
the use by the Department of Defense of physician assistants 
specializing in psychiatric medicine at medical facilities of the 
Department of Defense in order to meet the increasing demand 
for mental health care providers at such facilities through the 
use of a psychiatry fellowship program for physician assistants. 
(b) REPORT ON PILOT PROGRAM.— 
(1) IN GENERAL.—If the Secretary conducts the pilot pro-
gram under this section, not later than 90 days after the 
date on which the Secretary completes the conduct of the pilot 
program, the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report on the pilot program. 
(2) ELEMENTS.—The report submitted under paragraph (1) 
shall include the following: 
(A) A description of the implementation of the pilot 
program, including a detailed description of the education 
and training provided under the pilot program. 
(B) An assessment of potential cost savings, if any, 
to the Department of Defense resulting from the pilot pro-
gram. 
(C) A description of improvements, if any, to the access 
of members of the Armed Forces to mental health care 
resulting from the pilot program. 
(D) A recommendation as to the feasibility and advis-
ability of extending or expanding the pilot program. 
10 USC 1092 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 743. PILOT PROGRAM FOR PRESCRIPTION DRUG ACQUISITION 
COST PARITY IN THE TRICARE PHARMACY BENEFITS PRO-
GRAM. 
(a) AUTHORITY TO ESTABLISH PILOT PROGRAM.—The Secretary 
of Defense may conduct a pilot program to evaluate whether, in 
carrying out the TRICARE pharmacy benefits program under sec-
tion 1074g of title 10, United States Code, extending additional 
discounts for prescription drugs filled at retail pharmacies will 
maintain or reduce prescription drug costs for the Department 
of Defense. 
(b) ELEMENTS OF PILOT PROGRAM.—In carrying out the pilot 
program under subsection (a), the Secretary shall require that 
for prescription medications, including non-generic maintenance 
medications, that are dispensed to TRICARE beneficiaries that 
are not Medicare eligible, through any TRICARE participating retail 
pharmacy, including small business pharmacies, manufacturers 
shall pay rebates such that those medications are available to 
the Department at the lowest rate available. In addition to utilizing 
the authority under section 1074g(f) of title 10, United States Code, 
the Secretary shall have the authority to enter into a blanket 
purchase agreement with prescription drug manufacturers for 
supplemental discounts for prescription drugs dispensed in the pilot 
to be paid in the form of manufacturer’s rebates. 
(c) CONSULTATION.—The Secretary shall develop the pilot pro-
gram in consultation with— 
(1) the Secretaries of the military departments; 
(2) the Chief of the Pharmacy Operations Division of the 
Defense Health Agency; and 
(3) stakeholders, including TRICARE beneficiaries and 
retail pharmacies. 
(d) DURATION
OF PILOT PROGRAM.—If the Secretary carries 
out the pilot program under subsection (a), the Secretary shall 
commence such pilot program no later than October 1, 2017, and 
shall terminate such program no later than September 30, 2018. 
(e) REPORTS.—If the Secretary carries out the pilot program 
under subsection (a), the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives reports on the pilot program as follows: 
(1) Not later than 90 days after the date of the enactment 
of this Act, a report containing an implementation plan for 
the pilot program. 
(2) Not later than 180 days after the date on which the 
pilot program commences, an interim report on the pilot pro-
gram. 
(3) Not later than 90 days after the date on which the 
pilot program terminates, a final report describing the results 
of the pilot program, including— 
(A) any recommendations of the Secretary to expand 
such program; 
(B) an analysis of the changes in prescription drug 
costs for the Department of Defense relating to the pilot 
program; 
(C) an analysis of the impact on beneficiary access 
to prescription drugs; 
(D) a survey of beneficiary satisfaction with the pilot 
program; and 
10 USC 1074g 
note. 
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(E) a summary of any fraud and abuse activities related 
to the pilot and actions taken in response by the Depart-
ment. 
SEC. 744. PILOT PROGRAM ON DISPLAY OF WAIT TIMES AT URGENT 
CARE CLINICS AND PHARMACIES OF MILITARY MEDICAL 
TREATMENT FACILITIES. 
(a) PILOT PROGRAM AUTHORIZED.—Beginning not later than 
one year after the date of the enactment of this Act, the Secretary 
of Defense shall carry out a pilot program for the display of wait 
times in urgent care clinics and pharmacies of military medical 
treatment facilities selected under subsection (b). 
(b) SELECTION OF FACILITIES.— 
(1) CATEGORIES.—The Secretary shall select not fewer than 
four military medical treatment facilities from each of the fol-
lowing categories to participate in the pilot program: 
(A) Medical centers. 
(B) Hospitals. 
(C) Ambulatory care centers. 
(2) OCONUS LOCATIONS.—Of the military medical treat-
ment facilities selected under each category described in sub-
paragraphs (A) through (C) of paragraph (1), not fewer than 
one shall be located outside of the continental United States. 
(3) CONTRACTOR-OPERATED FACILITIES.—The Secretary may 
select Government-owned, contractor-operated facilities among 
those military medical treatment facilities selected under para-
graph (1). 
(c) URGENT CARE CLINICS.— 
(1) PLACEMENT.—With respect to each military medical 
treatment facility participating in the pilot program with an 
urgent care clinic, the Secretary shall place in a conspicuous 
location at the urgent care clinic an electronic sign that displays 
the current average wait time determined under paragraph 
(2) for a patient to be seen by a qualified medical professional. 
(2) DETERMINATION.—In carrying out paragraph (1), every 
30 minutes, the Secretary shall determine the average wait 
time to display under such paragraph by calculating, for the 
four-hour period preceding the calculation, the average length 
of time beginning at the time of the arrival of a patient at 
the urgent care clinic and ending at the time at which the 
patient is first seen by a qualified medical professional. 
(d) PHARMACIES.— 
(1) PLACEMENT.—With respect to each military medical 
treatment facility participating in the pilot program with a 
pharmacy, the Secretary shall place in a conspicuous location 
at the pharmacy an electronic sign that displays the current 
average wait time to receive a filled prescription for a pharma-
ceutical agent. 
(2) DETERMINATION.—In carrying out paragraph (1), every 
30 minutes, the Secretary shall determine the average wait 
time to display under such paragraph by calculating, for the 
four-hour period preceding the calculation, the average length 
of time beginning at the time of submission by a patient of 
a prescription for a pharmaceutical agent and ending at the 
time at which the pharmacy dispenses the pharmaceutical 
agent to the patient. 
10 USC 1092 
note. 
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(e) DURATION.—The Secretary shall carry out the pilot program 
for a period that is not more than two years. 
(f) REPORT.— 
(1) SUBMISSION.—Not later than 90 days after the comple-
tion of the pilot program, the Secretary shall submit to the 
Committees on Armed Services of the House of Representatives 
and the Senate a report on the pilot program. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include— 
(A) the costs for displaying the wait times under sub-
sections (c) and (d); 
(B) any changes in patient satisfaction; 
(C) any changes in patient behavior with respect to 
using urgent care and pharmacy services; 
(D) any changes in pharmacy operations and produc-
tivity; 
(E) a cost-benefit analysis of posting such wait times; 
and 
(F) the feasibility of expanding the posting of wait 
times in emergency departments in military medical treat-
ment facilities. 
(g) QUALIFIED MEDICAL PROFESSIONAL DEFINED.—In this sec-
tion, the term ‘‘qualified medical professional’’ means a doctor of 
medicine, a doctor of osteopathy, a physician assistant, or an 
advanced registered nurse practitioner. 
SEC. 745. REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING 
PRACTICES AT MILITARY TREATMENT FACILITIES OF 
PHARMACEUTICAL AGENTS FOR TREATMENT OF POST- 
TRAUMATIC STRESS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall— 
(1) conduct a comprehensive review of the prescribing prac-
tices at military treatment facilities of pharmaceutical agents 
for the treatment of post-traumatic stress; 
(2) implement a process or processes to monitor the pre-
scribing practices at military treatment facilities of pharma-
ceutical agents that are discouraged from use under the VA/ 
DOD Clinical Practice Guideline for Management of Post-Trau-
matic Stress; and 
(3) implement a plan to address any deviations from such 
guideline in prescribing practices of pharmaceutical agents for 
management of post-traumatic stress at such facilities. 
(b) PHARMACEUTICAL AGENT DEFINED.—In this section, the term 
‘‘pharmaceutical agent’’ has the meaning given that term in section 
1074g(g) of title 10, United States Code. 
SEC. 746. DEPARTMENT OF DEFENSE STUDY ON PREVENTING THE 
DIVERSION OF OPIOID MEDICATIONS. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
on the feasibility and effectiveness in preventing the diversion 
of opioid medications of the following measures: 
(1) Requiring that, in appropriate cases, opioid medications 
be dispensed in vials using affordable technologies designed 
to prevent access to the medications by anyone other than 
the intended patient, such as a vial with a locking-cap closure 
mechanism. 
10 USC 1074 
note. 
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(2) Providing education on the risks of opioid medications 
to individuals for whom such medications are prescribed, and 
to their families, with special consideration given to raising 
awareness among adolescents on such risks. 
(b) BRIEFING.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall provide to 
the Committees on Armed Services of the Senate and the 
House of Representatives a briefing on the results of the study 
conducted under subsection (a). 
(2) ELEMENTS.—The briefing under paragraph (1) shall 
include an assessment of the cost effectiveness of the measures 
studied under subsection (a). 
SEC. 747. INCORPORATION INTO SURVEY BY DEPARTMENT OF 
DEFENSE OF QUESTIONS ON EXPERIENCES OF MEMBERS 
OF THE ARMED FORCES WITH FAMILY PLANNING SERV-
ICES AND COUNSELING. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall initiate action to integrate 
into the Health Related Behavior Survey of Active Duty Military 
Personnel questions designed to obtain information on the experi-
ences of members of the Armed Forces— 
(1) in accessing family planning services and counseling; 
and 
(2) in using family planning methods, including information 
on which method was preferred and whether deployment condi-
tions affected the decision on which family planning method 
or methods to be used. 
SEC. 748. ASSESSMENT OF TRANSITION TO TRICARE PROGRAM BY 
FAMILIES 
OF 
MEMBERS 
OF 
RESERVE 
COMPONENTS 
CALLED TO ACTIVE DUTY AND ELIMINATION OF CERTAIN 
CHARGES FOR SUCH FAMILIES. 
(a) ASSESSMENT OF TRANSITION TO TRICARE PROGRAM.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
complete an assessment of the extent to which families of 
members of the reserve components of the Armed Forces serving 
on active duty pursuant to a call or order to active duty for 
a period of more than 30 days experience difficulties in 
transitioning from health care arrangements relied upon when 
the member is not in such an active duty status to health 
care benefits under the TRICARE program. 
(2) ELEMENTS.—The assessment under paragraph (1) shall 
address the following: 
(A) The extent to which family members of members 
of the reserve components of the Armed Forces are required 
to change health care providers when they become eligible 
for health care benefits under the TRICARE program. 
(B) The extent to which health care providers in the 
private sector with whom such family members have estab-
lished relationships when not covered under the TRICARE 
program are providers who— 
(i) are in a preferred provider network under the 
TRICARE program; 
(ii) are participating providers under the TRICARE 
program; or 
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(iii) will agree to treat covered beneficiaries at 
a rate not to exceed 115 percent of the maximum 
allowable charge under the TRICARE program. 
(C) The extent to which such family members 
encounter difficulties associated with a change in health 
care claims administration, health care authorizations, or 
other administrative matters when transitioning to health 
care benefits under the TRICARE program. 
(D) Any particular reasons for, or circumstances that 
explain, the conditions described in subparagraphs (A), (B), 
and (C). 
(E) The effects of the conditions described in subpara-
graphs (A), (B), and (C) on the health care experience 
of such family members. 
(F) Recommendations for changes in policies and proce-
dures under the TRICARE program, or other administra-
tive action by the Secretary, to remedy or mitigate difficul-
ties faced by such family members in transitioning to health 
care benefits under the TRICARE program. 
(G) Recommendations for legislative action to remedy 
or mitigate such difficulties. 
(H) Such other matters as the Secretary determines 
relevant to the assessment. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 180 days after com-
pleting the assessment under paragraph (1), the Secretary 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report detailing 
the results of the assessment. 
(B) ANALYSIS
OF
RECOMMENDATIONS.—The report 
required by subparagraph (A) shall include an analysis 
of each recommendation for legislative action addressed 
under paragraph (2)(G), together with a cost estimate for 
implementing each such action. 
(b) 
EXPANSION
OF
AUTHORITY
TO
ELIMINATE
BALANCE 
BILLING.—Section 1079(h)(4)(C)(ii) of title 10, United States Code, 
is amended by striking ‘‘in support of a contingency operation 
under a provision of law referred to in section 101(a)(13)(B) of 
this title’’. 
(c) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meanings given those 
terms in section 1072 of title 10, United States Code. 
SEC. 749. OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS 
OF MILITARY DEPARTMENTS. 
(a) PROCESS.—Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall establish 
and implement a process to provide oversight of the graduate med-
ical education programs of the military departments to ensure 
that such programs fully support the operational medical force 
readiness requirements for health care providers of the Armed 
Forces and the medical readiness of the Armed Forces. The process 
shall include the following: 
(1) A process to review such programs to ensure, to the 
extent practicable, that such programs are— 
(A) conducted jointly among the military departments; 
and 
10 USC 1094a 
note. 
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130 STAT. 2243 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) focused on, and related to, operational medical 
force readiness requirements. 
(2) A process to minimize duplicative programs relating 
to such programs among the military departments. 
(3) A process to ensure that— 
(A) assignments of faculty, support staff, and students 
within such programs are coordinated among the military 
departments; and 
(B) the Secretary optimizes resources by using military 
medical treatment facilities as training platforms when 
and where most appropriate. 
(4) A process to review and, if necessary, restructure or 
realign, such programs to sustain and improve operational med-
ical force readiness. 
(b) REPORT.—Not later than 30 days after the date on which 
the Secretary establishes the process under subsection (a), the 
Secretary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report that describes 
such process. The report shall include a description of each graduate 
medical education program of the military departments, categorized 
by the following: 
(1) Programs that provide direct support to operational 
medical force readiness. 
(2) Programs that provide indirect support to operational 
medical force readiness. 
(3) Academic programs that provide other medical support. 
(c) COMPTROLLER GENERAL REVIEW AND REPORT.— 
(1) REVIEW.—The Comptroller General of the United States 
shall conduct a review of the process established under sub-
section (a), including with respect to each process described 
in paragraphs (1) through (4) of such subsection. 
(2) REPORT.—Not later than 180 days after the date on 
which the Secretary submits the report under subsection (b), 
the Comptroller General shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
the review conducted under paragraph (1), including an assess-
ment of the elements of the process established under sub-
section (a). 
SEC. 750. STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PILOTS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall carry 
out a study of career helicopter and tiltrotor pilots to assess poten-
tial links between the operation of helicopter and tiltrotor aircraft 
and acute and chronic medical conditions experienced by such pilots. 
(b) ELEMENTS.—The study under subsection (a) shall include 
the following: 
(1) A study of career helicopter and tiltrotor pilots compared 
to a control population that— 
(A) takes into account the amount of time such pilots 
operated aircraft; 
(B) examines the severity and rates of acute and 
chronic injuries experienced by such pilots; and 
(C) determines whether such pilots experience a higher 
degree of acute and chronic medical conditions than the 
control population. 
(2) If a higher degree of acute and chronic medical condi-
tions is observed among such pilots, an explanation of— 
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130 STAT. 2244 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) the specific causes of the conditions (such as whole 
body vibration, seat and cockpit ergonomics, landing loads, 
hard impacts, and pilot-worn gear); and 
(B) any costs associated with treating the conditions 
if the causes are not mitigated. 
(3) A review of relevant scientific literature and prior 
research. 
(4) Such other information as the Secretary determines 
to be appropriate. 
(c) DURATION.—The duration of the study under subsection 
(a) shall be not more than two years. 
(d) REPORT.—Not later than 30 days after the completion of 
the study under subsection (a), the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the study. 
SEC. 751. COMPTROLLER GENERAL REPORTS ON HEALTH CARE 
DELIVERY AND WASTE IN MILITARY HEALTH SYSTEM. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, and not less frequently than once each 
year thereafter for four years, the Comptroller General of the United 
States shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report assessing the 
delivery of health care in the military health system, with an 
emphasis on identifying potential waste and inefficiency. 
(b) ELEMENTS.— 
(1) IN GENERAL.—The reports submitted under subsection 
(a) shall, within the direct and purchased care components 
of the military health system, evaluate the following: 
(A) Processes for ensuring that health care providers 
adhere to clinical practice guidelines. 
(B) Processes for reporting and resolving adverse med-
ical events. 
(C) Processes for ensuring program integrity by identi-
fying and resolving medical fraud and waste. 
(D) Processes for coordinating care within and between 
the direct and purchased care components of the military 
health system. 
(E) Procedures for administering the TRICARE pro-
gram. 
(F) Processes for assessing and overseeing the effi-
ciency of clinical operations of military hospitals and clinics, 
including access to care for covered beneficiaries at such 
facilities. 
(2) ADDITIONAL
INFORMATION.—The reports submitted 
under subsection (a) may include, if the Comptroller General 
considers feasible— 
(A) an estimate of the costs to the Department of 
Defense relating to any waste or inefficiency identified 
in the report; and 
(B) such recommendations for action by the Secretary 
of Defense as the Comptroller General considers appro-
priate, including eliminating waste and inefficiency in the 
direct and purchased care components of the military 
health system. 
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130 STAT. 2245 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those 
terms in section 1072 of title 10, United States Code. 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Rapid acquisition authority amendments. 
Sec. 802. Authority for temporary service of Principal Military Deputies to the As-
sistant Secretaries of the military departments for acquisition as Acting 
Assistant Secretaries. 
Sec. 803. Modernization of services acquisition. 
Sec. 804. Defense Modernization Account amendments. 
Subtitle B—Department of Defense Acquisition Agility 
Sec. 805. Modular open system approach in development of major weapon systems. 
Sec. 806. Development, prototyping, and deployment of weapon system components 
or technology. 
Sec. 807. Cost, schedule, and performance of major defense acquisition programs. 
Sec. 808. Transparency in major defense acquisition programs. 
Sec. 809. Amendments relating to technical data rights. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Modified restrictions on undefinitized contractual actions. 
Sec. 812. Amendments relating to inventory and tracking of purchases of services. 
Sec. 813. Use of lowest price technically acceptable source selection process. 
Sec. 814. Procurement of personal protective equipment. 
Sec. 815. Amendments related to detection and avoidance of counterfeit electronic 
parts. 
Sec. 816. Amendments to special emergency procurement authority. 
Sec. 817. Compliance with domestic source requirements for footwear furnished to 
enlisted members of the Armed Forces upon their initial entry into the 
Armed Forces. 
Sec. 818. Extension of authority for enhanced transfer of technology developed at 
Department of Defense laboratories. 
Sec. 819. Modified notification requirement for exercise of waiver authority to ac-
quire vital national security capabilities. 
Sec. 820. Defense cost accounting standards. 
Sec. 821. Increased micro-purchase threshold applicable to Department of Defense 
procurements. 
Sec. 822. Enhanced competition requirements. 
Sec. 823. Revision to effective date of senior executive benchmark compensation for 
allowable cost limitations. 
Sec. 824. Treatment of independent research and development costs on certain con-
tracts. 
Sec. 825. Exception to requirement to include cost or price to the Government as 
a factor in the evaluation of proposals for certain multiple-award task 
or delivery order contracts. 
Sec. 826. Extension of program for comprehensive small business contracting plans. 
Sec. 827. Treatment of side-by-side testing of certain equipment, munitions, and 
technologies manufactured and developed under cooperative research 
and development agreements as use of competitive procedures. 
Sec. 828. Defense Acquisition Challenge Program amendments. 
Sec. 829. Preference for fixed-price contracts. 
Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales. 
Sec. 831. Preference for performance-based contract payments. 
Sec. 832. Contractor incentives to achieve savings and improve mission perform-
ance. 
Sec. 833. Sunset and repeal of certain contracting provisions. 
Sec. 834. Flexibility in contracting award program. 
Sec. 835. Protection of task order competition. 
Sec. 836. Contract closeout authority. 
Sec. 837. Closeout of old Department of the Navy contracts. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle D—Provisions Relating to Major Defense Acquisition Programs 
Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports. 
Sec. 842. Amendments relating to independent cost estimation and cost analysis. 
Sec. 843.
Revisions to Milestone B determinations. 
Sec. 844. Review and report on sustainment planning in the acquisition process. 
Sec. 845. Revision to distribution of annual report on operational test and evalua-
tion. 
Sec. 846. Repeal of major automated information systems provisions. 
Sec. 847. Revisions to definition of major defense acquisition program. 
Sec. 848. Acquisition strategy. 
Sec. 849. Improved life-cycle cost control. 
Sec. 850. Authority to designate increments or blocks of items delivered under 
major defense acquisition programs as major subprograms for purposes 
of acquisition reporting. 
Sec. 851. Reporting of small business participation on Department of Defense pro-
grams. 
Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and 
munitions greater than quantity specified in law. 
Sec. 853. Multiple program multiyear contract pilot demonstration program. 
Sec. 854. Key performance parameter reduction pilot program. 
Sec. 855. Mission integration management. 
Subtitle E—Provisions Relating to Acquisition Workforce 
Sec. 861. Project management. 
Sec. 862. Authority to waive tenure requirement for program managers for pro-
gram definition and program execution periods. 
Sec. 863. Purposes for which the Department of Defense Acquisition Workforce De-
velopment Fund may be used; advisory panel amendments. 
Sec. 864. Department of Defense Acquisition Workforce Development Fund deter-
mination adjustment. 
Sec. 865. Limitations on funds used for staff augmentation contracts at manage-
ment headquarters of the Department of Defense and the military de-
partments. 
Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps. 
Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration 
project. 
Subtitle F—Provisions Relating to Commercial Items 
Sec. 871. Market research for determination of price reasonableness in acquisition 
of commercial items. 
Sec. 872. Value analysis for the determination of price reasonableness. 
Sec. 873. Clarification of requirements relating to commercial item determinations. 
Sec. 874. Inapplicability of certain laws and regulations to the acquisition of com-
mercial items and commercially available off-the-shelf items. 
Sec. 875. Use of commercial or non-Government standards in lieu of military speci-
fications and standards. 
Sec. 876. Preference for commercial services. 
Sec. 877. Treatment of commingled items purchased by contractors as commercial 
items. 
Sec. 878. Treatment of services provided by nontraditional contractors as commer-
cial items. 
Sec. 879. Defense pilot program for authority to acquire innovative commercial 
items, technologies, and services using general solicitation competitive 
procedures. 
Sec. 880. Pilot programs for authority to acquire innovative commercial items using 
general solicitation competitive procedures. 
Subtitle G—Industrial Base Matters 
Sec. 881. Greater integration of the national technology and industrial base. 
Sec. 882. Integration of civil and military roles in attaining national technology and 
industrial base objectives. 
Sec. 883. Pilot program for distribution support and services for weapon systems 
contractors. 
Sec. 884. Nontraditional and small contractor innovation prototyping program. 
Subtitle H—Other Matters 
Sec. 885. Report on bid protests. 
Sec. 886. Review and report on indefinite delivery contracts. 
Sec. 887. Review and report on contractual flow-down provisions. 
Sec. 888. Requirement and review relating to use of brand names or brand-name 
or equivalent descriptions in solicitations. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 889. Inclusion of information on common grounds for sustaining bid protests 
in annual Government Accountability Office reports to Congress. 
Sec. 890. Study and report on contracts awarded to minority-owned and women- 
owned businesses. 
Sec. 891. Authority to provide reimbursable auditing services to certain non-De-
fense Agencies. 
Sec. 892. Selection of service providers for auditing services and audit readiness 
services. 
Sec. 893. Amendments to contractor business system requirements. 
Sec. 894. Improved management practices to reduce cost and improve performance 
of certain Department of Defense organizations. 
Sec. 895. Exemption from requirement for capital planning and investment control 
for information technology equipment included as integral part of a 
weapon or weapon system. 
Sec. 896. Modifications to pilot program for streamlining awards for innovative 
technology projects. 
Sec. 897. Rapid prototyping funds for the military departments. 
Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Con-
tracting Oversight, Accountability, and Integrity; Defense Acquisition 
University training. 
Sec. 899. Coast Guard major acquisition programs. 
Sec. 899A. Enhanced authority to acquire products and services produced in Africa 
in support of certain activities. 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. RAPID ACQUISITION AUTHORITY AMENDMENTS. 
Section 806 of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 
note) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A), by striking ‘‘; or’’ and inserting 
a semicolon; 
(B) in subparagraph (B), by striking ‘‘; and’’ and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(C) developed or procured under the rapid fielding or 
rapid prototyping acquisition pathways under section 804 of 
the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 10 U.S.C. 2302 note); and’’; 
(2) in subsection (b), by adding at the end the following 
new paragraph: 
‘‘(3) Specific procedures in accordance with the guidance 
developed under section 804(a) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 
10 U.S.C. 2302 note).’’; and 
(3) in subsection (c)— 
(A) in paragraph (2)(A)— 
(i) by striking ‘‘Whenever the Secretary’’ and 
inserting ‘‘(i) Except as provided under clause (ii), 
whenever the Secretary’’; and 
(ii) by adding at the end the following new clause: 
‘‘(ii) Clause (i) does not apply to acquisitions initiated in 
the case of a determination by the Secretary that funds are 
necessary to immediately initiate a project under the rapid 
fielding or rapid prototyping acquisition pathways under section 
804 of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 2302 note) if the designated 
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PUBLIC LAW 114–328—DEC. 23, 2016 
official for acquisitions using such pathways is the service 
acquisition executive.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A), by inserting ‘‘or upon the 
Secretary making a determination that funds are nec-
essary to immediately initiate a project under the rapid 
fielding or rapid prototyping acquisition pathways 
under section 804 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 
10 U.S.C. 2302 note) based on a compelling national 
security need,’’ after ‘‘of paragraph (1),’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘The authority’’ and inserting 
‘‘Except as provided under subparagraph (C), the 
authority’’; 
(II) in clause (ii), by striking ‘‘; and’’ and 
inserting a semicolon; 
(III) in clause (iii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(IV) by adding at the end the following new 
clause: 
‘‘(iv) in the case of a determination by the Secretary 
that funds are necessary to immediately initiate a project 
under the rapid fielding or rapid prototyping acquisition 
pathways under section 804 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2302 note), in an amount not more than 
$200,000,000 during any fiscal year.’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(C) For each of fiscal years 2017 and 2018, the limits 
set forth in clauses (i) and (ii) of subparagraph (B) do not 
apply to the exercise of authority under such clauses provided 
that the total amount of supplies and associated support serv-
ices acquired as provided under such subparagraph does not 
exceed $800,000,000 during such fiscal year.’’; 
(C) in paragraph (4)— 
(i) by redesignating subparagraphs (C), (D), and 
(E) as subparagraphs (D), (E), and (F), respectively; 
and 
(ii) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) In the case of a determination by the Secretary under 
paragraph (3)(A) that funds are necessary to immediately ini-
tiate a project under the rapid fielding or rapid prototyping 
acquisition pathways under section 804 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 
10 U.S.C. 2302 note), the Secretary shall notify the congres-
sional defense committees of the determination within 10 days 
after the date of the use of such funds.’’; and 
(D) in paragraph (5)— 
(i) by striking ‘‘Any acquisition’’ and inserting ‘‘(A) 
Any acquisition’’; and 
(ii) by adding at the end the following new 
subparagraph: 
‘‘(B) Subparagraph (A) does not apply to acquisitions initi-
ated in the case of a determination by the Secretary that 
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funds are necessary to immediately initiate a project under 
the rapid fielding or rapid prototyping acquisition pathways 
under section 804 of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).’’. 
SEC. 802. AUTHORITY FOR TEMPORARY SERVICE OF PRINCIPAL MILI-
TARY DEPUTIES TO THE ASSISTANT SECRETARIES OF THE 
MILITARY DEPARTMENTS FOR ACQUISITION AS ACTING 
ASSISTANT SECRETARIES. 
(a) ASSISTANT SECRETARY
OF
THE ARMY
FOR ACQUISITION, 
LOGISTICS, AND TECHNOLOGY.—Section 3016(b)(5)(B) of title 10, 
United States Code, is amended by adding at the end the following 
new sentence: ‘‘In the event of a vacancy in the position of Assistant 
Secretary of the Army for Acquisition, Logistics, and Technology, 
the Principal Military Deputy may serve as Acting Assistant Sec-
retary for a period of not more than one year.’’. 
(b) ASSISTANT
SECRETARY
OF
THE
NAVY
FOR
RESEARCH, 
DEVELOPMENT, AND ACQUISITION.—Section 5016(b)(4)(B) of such 
title is amended by adding at the end the following new sentence: 
‘‘In the event of a vacancy in the position of Assistant Secretary 
of the Navy for Research, Development, and Acquisition, the Prin-
cipal Military Deputy may serve as Acting Assistant Secretary 
for a period of not more than one year.’’. 
(c) ASSISTANT SECRETARY
OF
THE AIR FORCE
FOR ACQUISI-
TION.—Section 8016(b)(4)(B) of such title is amended by adding 
at the end the following new sentence: ‘‘In the event of a vacancy 
in the position of Assistant Secretary of the Air Force for Acquisi-
tion, the Principal Military Deputy may serve as Acting Assistant 
Secretary for a period of not more than one year.’’. 
SEC. 803. MODERNIZATION OF SERVICES ACQUISITION. 
(a) REVIEW OF SERVICES ACQUISITION CATEGORIES.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall review and, if necessary, revise Depart-
ment of Defense Instruction 5000.74, dated January 5, 2016 (in 
this section referred to as the ‘‘Acquisition of Services Instruction’’), 
and other guidance pertaining to the acquisition of services. In 
conducting the review, the Secretary shall examine— 
(1) how the acquisition community should consider the 
changing nature of the technology and professional services 
markets, particularly the convergence of hardware and services; 
and 
(2) the services acquisition portfolio groups referenced in 
the Acquisition of Services Instruction and other guidance in 
order to ensure the portfolio groups are fully reflective of 
changes to the technology and professional services market. 
(b) GUIDANCE REGARDING TRAINING AND DEVELOPMENT OF THE 
ACQUISITION WORKFORCE.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
issue guidance addressing the training and development of 
the Department of Defense workforce engaged in the procure-
ment of services, including those personnel not designated as 
members of the acquisition workforce. 
(2) 
IDENTIFICATION
OF
TRAINING
AND
PROFESSIONAL 
DEVELOPMENT OPPORTUNITIES AND ALTERNATIVES.—The guid-
ance required under paragraph (1) shall identify training and 
professional development opportunities and alternatives, not 
10 USC 1741 
note. 
10 USC 2330 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
limited to existing Department of Defense institutions, that 
focus on and provide relevant training and professional develop-
ment in commercial business models and contracting. 
(3) TREATMENT OF TRAINING AND PROFESSIONAL DEVELOP-
MENT.—Any training and professional development provided 
pursuant to this subsection outside Department of Defense 
institutions shall be deemed to be equivalent to similar training 
certified or provided by the Defense Acquisition University. 
SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS. 
(a) FUNDS AVAILABLE FOR ACCOUNT.—Section 2216(b)(1) of title 
10, United States Code, is amended by striking ‘‘commencing’’. 
(b) TRANSFERS TO ACCOUNT.—Section 2216(c) of such title is 
amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘or the Secretary of Defense with 
respect to Defense-wide appropriations accounts’’ and 
inserting ‘‘, or the Secretary of Defense with respect to 
Defense-wide appropriations accounts,’’; and 
(B) by striking ‘‘that Secretary’’ and inserting ‘‘the 
Secretary concerned’’; 
(2) in paragraph (1)(B)— 
(A) by inserting after ‘‘following funds’’ the following: 
‘‘that have been appropriated for fiscal years after fiscal 
year 2016 and are’’; 
(B) in clause (i)— 
(i) by striking ‘‘for procurement’’ and inserting ‘‘for 
new obligations’’; 
(ii) by striking ‘‘a particular procurement’’ and 
inserting ‘‘an acquisition program’’; and 
(iii) by striking ‘‘that procurement’’ and inserting 
‘‘that program’’; 
(C) by striking clause (ii); and 
(D) by redesignating clause (iii) as clause (ii); 
(3) in paragraph (2)— 
(A) by striking ‘‘, other than funds referred to in 
subparagraph (B)(iii) of such paragraph,’’; and 
(B) by striking ‘‘if—’’ and all that follows through ‘‘(B) 
the balance of funds’’ and inserting ‘‘if the balance of funds’’; 
(4) in paragraph (3)— 
(A) by striking ‘‘credited to’’ both places it appears 
and inserting ‘‘deposited in’’; and 
(B) by inserting ‘‘and obligation’’ after ‘‘available for 
transfer’’; and 
(5) by striking paragraph (4). 
(c) AUTHORIZED USE OF FUNDS.—Section 2216(d) of such title 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘commencing’’; and 
(B) by striking ‘‘Secretary of Defense’’ and inserting 
‘‘Secretary concerned’’; 
(2) in paragraph (2), by striking ‘‘a procurement program’’ 
and inserting ‘‘an acquisition program’’; 
(3) by amending paragraph (3) to read as follows: 
‘‘(3) For research, development, test, and evaluation, for 
procurement, and for sustainment activities necessary for 
paying costs of unforeseen contingencies that are approved 
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130 STAT. 2251 
PUBLIC LAW 114–328—DEC. 23, 2016 
by the milestone decision authority concerned, that could pre-
vent an ongoing acquisition program from meeting critical 
schedule or performance requirements.’’; and 
(4) by inserting at the end the following new paragraph: 
‘‘(4) For paying costs of changes to program requirements 
or system configuration that are approved by the configuration 
steering board for a major defense acquisition program.’’. 
(d) LIMITATIONS.—Section 2216(e) of such title is amended— 
(1) in paragraph (1), by striking ‘‘procurement program’’ 
both places it appears and inserting ‘‘acquisition program’’; 
and 
(2) in paragraph (2), by striking ‘‘authorized appropriations’’ 
and inserting ‘‘authorized appropriations, unless the procedures 
for initiating a new start program are complied with’’. 
(e) TRANSFER OF FUNDS.—Section 2216(f)(1) of such title is 
amended by striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary 
of a military department, or the Secretary of Defense with respect 
to Defense-wide appropriations accounts,’’. 
(f) AVAILABILITY OF FUNDS BY APPROPRIATION.—Section 2216(g) 
of such title is amended— 
(1) by striking ‘‘in accordance with the provisions of appro-
priations Acts’’; and 
(2) by adding at the end the following: ‘‘Funds deposited 
in the Defense Modernization Account shall remain available 
for obligation until the end of the third fiscal year that follows 
the fiscal year in which the amounts are deposited in the 
account.’’. 
(g) SECRETARY
TO
ACT
THROUGH
COMPTROLLER.—Section 
2216(h)(2) of such title is amended— 
(1) by redesignating subparagraphs (A), (B), and (C) as 
subparagraphs (B), (C), and (D), respectively; 
(2) by inserting before subparagraph (B), as so redesig-
nated, the following new subparagraph (A): 
‘‘(A) the establishment and management of subaccounts 
for each of the military departments and Defense Agencies 
concerned for the use of funds in the Defense Modernization 
Account, consistent with each military department’s or 
Defense Agency’s deposits in the Account;’’; 
(3) in subparagraph (C), as so redesignated, by inserting 
‘‘and subaccounts’’ after ‘‘Account’’; and 
(4) in subparagraph (D), as so redesignated, by striking 
‘‘subsection (c)(1)(B)(iii)’’ and inserting ‘‘subsection (c)(1)(B)(ii)’’. 
(h) DEFINITIONS.—Paragraph (1) of section 2216(i) of such title 
is amended to read as follows: 
‘‘(1) The term ‘major defense acquisition program’ has the 
meaning given the term in section 2430(a) of this title.’’. 
(j) EXPIRATION OF AUTHORITY.—Section 2216(j)(1) of such title 
is amended by striking ‘‘terminates at the close of September 30, 
2006’’ and inserting ‘‘terminates at the close of September 30, 
2022’’. 
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130 STAT. 2252 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle B—Department of Defense 
Acquisition Agility 
SEC. 805. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF 
MAJOR WEAPON SYSTEMS. 
(a) MODULAR OPEN SYSTEM APPROACH.— 
(1) IN GENERAL.—Part IV of subtitle A of title 10, United 
States Code, is amended by inserting after chapter 144A the 
following new chapter: 
‘‘CHAPTER 144B—WEAPON SYSTEMS DEVELOPMENT 
AND RELATED MATTERS 
‘‘Subchapter  
Sec. 
‘‘I. Modular Open System Approach in Development of Weapon Sys-
tems .......................................................................................................... 2446a 
‘‘II. Development, Prototyping, and Deployment of Weapon System 
Components and Technology ............................................................ 2447a 
‘‘III. Cost, Schedule, and Performance of Major Defense Acquisition 
Programs ................................................................................................ 2448a 
‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM APPROACH IN 
DEVELOPMENT OF WEAPON SYSTEMS 
‘‘Sec. 
‘‘2446a. Requirement for modular open system approach in major defense acquisi-
tion programs; definitions. 
‘‘2446b. Requirement to address modular open system approach in program capa-
bilities development and acquisition weapon system design. 
‘‘2446c. Requirements relating to availability of major system interfaces and sup-
port for modular open system approach. 
‘‘§ 2446a. Requirement for modular open system approach 
in major defense acquisition programs; definitions 
‘‘(a) MODULAR
OPEN
SYSTEM
APPROACH
REQUIREMENT.—A 
major defense acquisition program that receives Milestone A or 
Milestone B approval after January 1, 2019, shall be designed 
and developed, to the maximum extent practicable, with a modular 
open system approach to enable incremental development and 
enhance competition, innovation, and interoperability. 
‘‘(b) DEFINITIONS.—In this chapter: 
‘‘(1) The term ‘modular open system approach’ means, with 
respect to a major defense acquisition program, an integrated 
business and technical strategy that— 
‘‘(A) employs a modular design that uses major system 
interfaces between a major system platform and a major 
system component, between major system components, or 
between major system platforms; 
‘‘(B) is subjected to verification to ensure major system 
interfaces comply with, if available and suitable, widely 
supported and consensus-based standards; 
‘‘(C) uses a system architecture that allows severable 
major system components at the appropriate level to be 
incrementally added, removed, or replaced throughout the 
life cycle of a major system platform to afford opportunities 
for enhanced competition and innovation while yielding— 
‘‘(i) significant cost savings or avoidance; 
‘‘(ii) schedule reduction; 
10 USC 2446a. 
10 USC 2446a 
prec. 
10 USC 2446a 
prec. 
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130 STAT. 2253 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(iii) opportunities for technical upgrades; 
‘‘(iv) increased interoperability, including system 
of systems interoperability and mission integration; 
or 
‘‘(v) other benefits during the sustainment phase 
of a major weapon system; and 
‘‘(D) complies with the technical data rights set forth 
in section 2320 of this title. 
‘‘(2) The term ‘major system platform’ means the highest 
level structure of a major weapon system that is not physically 
mounted or installed onto a higher level structure and on 
which a major system component can be physically mounted 
or installed. 
‘‘(3) The term ‘major system component’— 
‘‘(A) means a high level subsystem or assembly, 
including hardware, software, or an integrated assembly 
of both, that can be mounted or installed on a major system 
platform through well-defined major system interfaces; and 
‘‘(B) includes a subsystem or assembly that is likely 
to have additional capability requirements, is likely to 
change because of evolving technology or threat, is needed 
for interoperability, facilitates incremental deployment of 
capabilities, or is expected to be replaced by another major 
system component. 
‘‘(4) The term ‘major system interface’— 
‘‘(A) means a shared boundary between a major system 
platform and a major system component, between major 
system components, or between major system platforms, 
defined by various physical, logical, and functional 
characteristics, such as electrical, mechanical, fluidic, 
optical, radio frequency, data, networking, or software ele-
ments; and 
‘‘(B) is characterized clearly in terms of form, function, 
and the content that flows across the interface in order 
to enable technological innovation, incremental improve-
ments, integration, and interoperability. 
‘‘(5) The term ‘program capability document’ means, with 
respect to a major defense acquisition program, a document 
that specifies capability requirements for the program, such 
as a capability development document or a capability production 
document. 
‘‘(6) The terms ‘program cost targets’ and ‘fielding target’ 
have the meanings provided in section 2448a(a) of this title. 
‘‘(7) The term ‘major defense acquisition program’ has the 
meaning provided in section 2430 of this title. 
‘‘(8) The term ‘major weapon system’ has the meaning 
provided in section 2379(f) of this title. 
‘‘§ 2446b. Requirement to address modular open system 
approach in program capabilities development 
and acquisition weapon system design 
‘‘(a) PROGRAM CAPABILITY DOCUMENT.—A program capability 
document for a major defense acquisition program shall identify 
and characterize— 
‘‘(1) the extent to which requirements for system perform-
ance are likely to evolve during the life cycle of the system 
10 USC 2446b. 
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130 STAT. 2254 
PUBLIC LAW 114–328—DEC. 23, 2016 
because of evolving technology, threat, or interoperability needs; 
and 
‘‘(2) for requirements that are expected to evolve, the min-
imum acceptable capability that is necessary for initial oper-
ating capability of the major defense acquisition program. 
‘‘(b) ANALYSIS OF ALTERNATIVES.—The Director of Cost Assess-
ment and Performance Evaluation, in formulating study guidance 
for analyses of alternatives for major defense acquisition programs 
and performing such analyses under section 139a(d)(4) of this title, 
shall ensure that any such analysis for a major defense acquisition 
program includes consideration of evolutionary acquisition, proto-
typing, and a modular open system approach. 
‘‘(c) ACQUISITION STRATEGY.—In the case of a major defense 
acquisition program that uses a modular open system approach, 
the acquisition strategy required under section 2431a of this title 
shall— 
‘‘(1) clearly describe the modular open system approach 
to be used for the program; 
‘‘(2) differentiate between the major system platform and 
major system components being developed under the program, 
as well as major system components developed outside the 
program that will be integrated into the major defense acquisi-
tion program; 
‘‘(3) clearly describe the evolution of major system compo-
nents that are anticipated to be added, removed, or replaced 
in subsequent increments; 
‘‘(4) identify additional major system components that may 
be added later in the life cycle of the major system platform; 
‘‘(5) clearly describe how intellectual property and related 
issues, such as technical data deliverables, that are necessary 
to support a modular open system approach, will be addressed; 
and 
‘‘(6) clearly describe the approach to systems integration 
and systems-level configuration management to ensure mission 
and information assurance. 
‘‘(d) 
REQUEST
FOR
PROPOSALS.—The 
milestone 
decision 
authority for a major defense acquisition program that uses a 
modular open system approach shall ensure that a request for 
proposals for the development or production phases of the program 
shall describe the modular open system approach and the minimum 
set of major system components that must be included in the 
design of the major defense acquisition program. 
‘‘(e) MILESTONE B.—A major defense acquisition program may 
not receive Milestone B approval under section 2366b of this title 
until the milestone decision authority determines in writing that— 
‘‘(1) in the case of a program that uses a modular open 
system approach— 
‘‘(A) the program incorporates clearly defined major 
system interfaces between the major system platform and 
major system components, between major system compo-
nents, and between major system platforms; 
‘‘(B) such major system interfaces are consistent with 
the widely supported and consensus-based standards that 
exist at the time of the milestone decision, unless such 
standards are unavailable or unsuitable for particular 
major system interfaces; and 
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130 STAT. 2255 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) the Government has arranged to obtain appro-
priate and necessary intellectual property rights with 
respect to such major system interfaces upon completion 
of the development of the major system platform; or 
‘‘(2) in the case of a program that does not use a modular 
open system approach, that the use of a modular open system 
approach is not practicable. 
‘‘§ 2446c. Requirements relating to availability of major 
system interfaces and support for modular open 
system approach 
‘‘The Secretary of each military department shall— 
‘‘(1) coordinate with the other military departments, the 
defense agencies, defense and other private sector entities, 
national standards-setting organizations, and, when appro-
priate, with elements of the intelligence community with respect 
to the specification, identification, development, and mainte-
nance of major system interfaces and standards for use in 
major system platforms, where practicable; 
‘‘(2) ensure that major system interfaces incorporate 
commercial standards and other widely supported consensus- 
based standards that are validated, published, and maintained 
by recognized standards organizations to the maximum extent 
practicable; 
‘‘(3) ensure that sufficient systems engineering and develop-
ment expertise and resources are available to support the use 
of a modular open system approach in requirements develop-
ment and acquisition program planning; 
‘‘(4) ensure that necessary planning, programming, and 
budgeting resources are provided to specify, identify, develop, 
and sustain the modular open system approach, associated 
major system interfaces, systems integration, and any addi-
tional program activities necessary to sustain innovation and 
interoperability; and 
‘‘(5) ensure that adequate training in the use of a modular 
open system approach is provided to members of the require-
ments and acquisition workforce.’’. 
(2) CLERICAL AMENDMENT.—The table of chapters for title 
10, United States Code, is amended by adding after the item 
relating to chapter 144A the following new item: 
‘‘144B. Weapon Systems Development and Related Matters ...................
2446a’’. 
(3) CONFORMING AMENDMENT.—Section 2366b(a)(3) of such 
title is amended— 
(A) by striking ‘‘and’’ at the end of subparagraph (K); 
and 
(B) by inserting after subparagraph (L) the following 
new subparagraph: 
‘‘(M) the requirements of section 2446b(e) of this title 
are met; and’’. 
(4) EFFECTIVE DATE.—Subchapter I of chapter 144B of title 
10, United States Code, as added by paragraph (1), shall take 
effect on January 1, 2017. 
(b) REQUIREMENT
TO
INCLUDE
MODULAR
OPEN
SYSTEM 
APPROACH IN SELECTED ACQUISITION REPORTS.—Section 2432(c)(1) 
of such title is amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (F); 
10 USC 2446a 
note. 
10 USC 101 
prec., 
2201 prec. 
10 USC 2446c. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(2) by redesignating subparagraph (G) as subparagraph 
(H); and 
(3) by inserting after subparagraph (F) the following new 
subparagraph (G): 
‘‘(G) for each major defense acquisition program that 
receives Milestone B approval after January 1, 2019, a brief 
summary description of the key elements of the modular open 
system approach as defined in section 2446a of this title or, 
if a modular open system approach was not used, the rationale 
for not using such an approach; and’’. 
SEC. 806. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF 
WEAPON SYSTEM COMPONENTS OR TECHNOLOGY. 
(a) DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON 
SYSTEM COMPONENTS OR TECHNOLOGY.— 
(1) IN GENERAL.—Chapter 144B of title 10, United States 
Code, as added by section 805, is further amended by adding 
at the end the following new subchapter: 
‘‘SUBCHAPTER II—DEVELOPMENT, PROTOTYPING, AND DE-
PLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECH-
NOLOGY 
‘‘Sec. 
‘‘2447a. Weapon system component or technology prototype projects: display of 
budget information. 
‘‘2447b. Weapon system component or technology prototype projects: oversight. 
‘‘2447c. Requirements and limitations for weapon system component or technology 
prototype projects. 
‘‘2447d. Mechanisms to speed deployment of successful weapon system component 
or technology prototypes. 
‘‘2447e. Definition of weapon system component. 
‘‘§ 2447a. Weapon system component or technology prototype 
projects: display of budget information 
‘‘(a) REQUIREMENTS
FOR BUDGET DISPLAY.—In the defense 
budget materials for any fiscal year after fiscal year 2017, the 
Secretary of Defense shall, with respect to advanced component 
development and prototype activities (within the research, develop-
ment, test, and evaluation budget), set forth the amounts requested 
for each of the following: 
‘‘(1) Acquisition programs of record. 
‘‘(2) Development, prototyping, and experimentation of 
weapon system components or other technologies, including 
those based on commercial items and technologies, separate 
from acquisition programs of record. 
‘‘(3) Other budget line items as determined by the Secretary 
of Defense. 
‘‘(b) ADDITIONAL REQUIREMENTS.—For purposes of subsection 
(a)(2), the amounts requested for development, prototyping, and 
experimentation of weapon system components or other technologies 
shall be— 
‘‘(1) structured into either capability, weapon system 
component, or technology portfolios that reflect the priority 
areas for prototype projects; and 
‘‘(2) justified with general descriptions of the types of capa-
bility areas and technologies being funded or expected to be 
funded during the fiscal year concerned. 
10 USC 2447a. 
10 USC 2447a 
prec. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(c) DEFINITIONS.—In this section, the terms ‘budget’ and 
‘defense budget materials’ have the meaning given those terms 
in section 234 of this title. 
‘‘§ 2447b. Weapon system component or technology prototype 
projects: oversight 
‘‘(a) ESTABLISHMENT.—The Secretary of each military depart-
ment shall establish an oversight board or identify a similar existing 
group of senior advisors for managing prototype projects for weapon 
system components and other technologies and subsystems, 
including the use of funds for such projects, within the military 
department concerned. 
‘‘(b) MEMBERSHIP.—Each oversight board shall be comprised 
of senior officials with— 
‘‘(1) expertise in requirements; research, development, test, 
and evaluation; acquisition; sustainment; or other relevant 
areas within the military department concerned; 
‘‘(2) awareness of technology development activities and 
opportunities in the Department of Defense, industry, and other 
sources; and 
‘‘(3) awareness of the component capability requirements 
of major weapon systems, including scheduling and fielding 
goals for such component capabilities. 
‘‘(c) FUNCTIONS.—The functions of each oversight board are 
as follows: 
‘‘(1) To issue a strategic plan every three years that 
prioritizes the capability and weapon system component port-
folio areas for conducting prototype projects, based on assess-
ments of— 
‘‘(A) high priority warfighter needs; 
‘‘(B) capability gaps or readiness issues with major 
weapon systems; 
‘‘(C) opportunities to incrementally integrate new 
components into major weapon systems based on commer-
cial technology or science and technology efforts that are 
expected to be sufficiently mature to prototype within three 
years; and 
‘‘(D) opportunities to reduce operation and support 
costs of major weapon systems. 
‘‘(2) To annually recommend funding levels for weapon 
system component or technology development and prototype 
projects across capability or weapon system component port-
folios. 
‘‘(3) To annually recommend to the service acquisition 
executive of the military department concerned specific weapon 
system component or technology development and prototype 
projects, subject to the requirements and limitations in section 
2447c of this title. 
‘‘(4) To ensure projects are managed by experts within 
the Department of Defense who are knowledgeable in research, 
development, test, and evaluation and who are aware of 
opportunities 
for 
incremental 
deployment 
of 
component 
capabilities and other technologies to major weapon systems 
or directly to support warfighting capabilities. 
‘‘(5) To ensure projects are conducted in a manner that 
allows for appropriate experimentation and technology risk. 
10 USC 2447b. 
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‘‘(6) To ensure projects have a plan for technology transition 
of the prototype into a fielded system, program of record, or 
operational use, as appropriate, upon successful achievement 
of technical and project goals. 
‘‘(7) To ensure necessary technical, contracting, and finan-
cial management resources are available to support each 
project. 
‘‘(8) To submit to the congressional defense committees 
a semiannual notification that includes the following: 
‘‘(A) each weapon system component or technology 
prototype project initiated during the preceding six months, 
including an explanation of each project and its required 
funding. 
‘‘(B) the results achieved from weapon system compo-
nent prototype and technology projects completed and 
tested during the preceding six months. 
‘‘§ 2447c. Requirements and limitations for weapon system 
component or technology prototype projects 
‘‘(a) LIMITATION ON PROTOTYPE PROJECT DURATION.—A proto-
type project shall be completed within two years of its initiation. 
‘‘(b) MERIT-BASED SELECTION PROCESS.—A prototype project 
shall be selected by the service acquisition executive of the military 
department concerned through a merit-based selection process that 
identifies the most promising, innovative, and cost-effective proto-
types that address one or more of the elements set forth in sub-
section (c)(1) of section 2447b of this title and are expected to 
be successfully demonstrated in a relevant environment. 
‘‘(c) TYPE OF TRANSACTION.—Prototype projects shall be funded 
through contracts, cooperative agreements, or other transactions. 
‘‘(d) FUNDING LIMIT.—(1) Each prototype project may not exceed 
a total amount of $10,000,000 (based on fiscal year 2017 constant 
dollars), unless— 
‘‘(A) the Secretary of the military department, or the Sec-
retary’s designee, approves a larger amount of funding for 
the project, not to exceed $50,000,000; and 
‘‘(B) the Secretary, or the Secretary’s designee, submits 
to the congressional defense committees, within 30 days after 
approval of such funding for the project, a notification that 
includes— 
‘‘(i) the project; 
‘‘(ii) expected funding for the project; and 
‘‘(iii) a statement of the anticipated outcome of the 
project. 
‘‘(2) The Secretary of Defense may adjust the amounts (and 
the base fiscal year) provided in paragraph (1) on the basis of 
Department of Defense escalation rates. 
‘‘(e) RELATED PROTOTYPE AUTHORITIES.—Prototype projects that 
exceed the duration and funding limits established in this section 
shall be pursued under the rapid prototyping process established 
by section 804 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition, 
nothing in this subchapter shall affect the authority to carry out 
prototype projects under section 2371b or any other section of 
this title related to prototyping. 
10 USC 2447c. 
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130 STAT. 2259 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 2447d. Mechanisms to speed deployment of successful 
weapon system component or technology proto-
types 
‘‘(a) SELECTION OF PROTOTYPE PROJECT FOR PRODUCTION AND 
RAPID FIELDING.—A weapon system component or technology proto-
type project may be selected by the service acquisition executive 
of the military department concerned for a follow-on production 
contract or other transaction without the use of competitive proce-
dures, notwithstanding the requirements of section 2304 of this 
title, if— 
‘‘(1) the follow-on production project addresses a high pri-
ority warfighter need or reduces the costs of a weapon system; 
‘‘(2) competitive procedures were used for the selection 
of parties for participation in the original prototype project; 
‘‘(3) the participants in the original prototype project 
successfully completed the requirements of the project; and 
‘‘(4) a prototype of the system to be procured was dem-
onstrated in a relevant environment. 
‘‘(b) SPECIAL TRANSFER AUTHORITY.—(1) The Secretary of a 
military department may, as specified in advance by appropriations 
Acts, transfer funds that remain available for obligation in procure-
ment appropriation accounts of the military department to fund 
the low-rate initial production of the rapid fielding project until 
required funding for full-rate production can be submitted and 
approved through the regular budget process of the Department 
of Defense. 
‘‘(2) The funds transferred under this subsection to fund the 
low-rate initial production of a rapid fielding project shall be for 
a period not to exceed two years, the amount for such period 
may not exceed $50,000,000, and the special transfer authority 
provided in this subsection may not be used more than once to 
fund procurement of a particular new or upgraded system. 
‘‘(3) The special transfer authority provided in this subsection 
is in addition to any other transfer authority available to the 
Department of Defense. 
‘‘(c) NOTIFICATION
TO CONGRESS.—Within 30 days after the 
service acquisition executive of a military department selects a 
weapon system component or technology project for a follow-on 
production contract or other transaction, the service acquisition 
executive shall notify the congressional defense committees of the 
selection and provide a brief description of the rapid fielding project. 
‘‘§ 2447e. Definition of weapon system component 
‘‘In this subchapter, the term ‘weapon system component’ has 
the meaning given the term ‘major system component’ in section 
2446a of this title.’’. 
(2) EFFECTIVE DATE.—Subchapter II of chapter 144B of 
title 10, United States Code, as added by paragraph (1), shall 
take effect on January 1, 2017. 
(b) ADDITION TO REQUIREMENTS NEEDED BEFORE MILESTONE 
A APPROVAL.—Section 2366a(b) of such title is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (7); 
(2) by redesignating paragraph (8) as paragraph (9); and 
(3) by inserting after paragraph (7) the following new para-
graph (8): 
‘‘(8) that, with respect to a program initiated after January 
1, 2019, technology shall be developed in the program (after 
10 USC 2447a 
note. 
10 USC 2447e. 
10 USC 2447d. 
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130 STAT. 2260 
PUBLIC LAW 114–328—DEC. 23, 2016 
Milestone A approval) only if the milestone decision authority 
determines with a high degree of confidence that such develop-
ment will not delay the fielding target of the program, or, 
if the milestone decision authority does not make such deter-
mination for a major system component being developed under 
the program, the milestone decision authority ensures that 
the technology related to the major system component shall 
be sufficiently matured and demonstrated in a relevant environ-
ment (after Milestone A approval) separate from the program 
using the prototyping authorities in subchapter II of chapter 
144B of this title or other authorities, as appropriate, and 
have an effective plan for adoption or insertion by the relevant 
program; and’’. 
SEC. 807. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE 
ACQUISITION PROGRAMS. 
(a) COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE 
ACQUISITION PROGRAMS.— 
(1) IN GENERAL.—Chapter 144B of title 10, United States 
Code, as added by section 805, is amended by adding at the 
end the following new subchapter: 
‘‘SUBCHAPTER III—COST, SCHEDULE, AND PERFORMANCE 
OF MAJOR DEFENSE ACQUISITION PROGRAMS 
‘‘Sec. 
‘‘2448a. Program cost, fielding, and performance goals in planning major defense ac-
quisition programs. 
‘‘2448b. Independent technical risk assessments. 
‘‘§ 2448a. Program cost, fielding, and performance goals in 
planning major defense acquisition programs 
‘‘(a) PROGRAM COST AND FIELDING TARGETS.—(1) Before funds 
are obligated for technology development, systems development, 
or production of a major defense acquisition program, the Secretary 
of Defense shall ensure, by establishing the goals described in 
paragraph (2), that the milestone decision authority for the major 
defense acquisition program approves a program that will— 
‘‘(A) be affordable; 
‘‘(B) incorporate program planning that anticipates the evo-
lution of capabilities to meet changing threats, technology inser-
tion, and interoperability; and 
‘‘(C) be fielded when needed. 
‘‘(2) The goals described in this paragraph are goals for— 
‘‘(A) the procurement unit cost and sustainment cost 
(referred to in this section as the ‘program cost targets’); 
‘‘(B) the date for initial operational capability (referred 
to in this section as the ‘fielding target’); and 
‘‘(C) technology maturation, prototyping, and a modular 
open system approach to evolve system capabilities and improve 
interoperability. 
‘‘(b) DELEGATION.—The responsibilities of the Secretary of 
Defense in subsection (a) may be delegated only to the Deputy 
Secretary of Defense. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘procurement unit cost’ has the meaning 
provided in section 2432(a)(2) of this title. 
10 USC 2448a. 
10 USC 2448a 
prec. 
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130 STAT. 2261 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) The term ‘initial capabilities document’ has the 
meaning provided in section 2366a(d)(2) of this title. 
‘‘§ 2448b. Independent technical risk assessments 
‘‘(a) IN GENERAL.—With respect to a major defense acquisition 
program, the Secretary of Defense shall ensure that an independent 
technical risk assessment is conducted— 
‘‘(1) before any decision to grant Milestone A approval 
for the program pursuant to section 2366a of this title, that 
identifies critical technologies and manufacturing processes 
that need to be matured; and 
‘‘(2) before any decision to grant Milestone B approval 
for the program pursuant to section 2366b of this title, any 
decision to enter into low-rate initial production or full-rate 
production, or at any other time considered appropriate by 
the Secretary, that includes the identification of any critical 
technologies or manufacturing processes that have not been 
successfully demonstrated in a relevant environment. 
‘‘(b) CATEGORIZATION OF TECHNICAL RISK LEVELS.—The Sec-
retary shall issue guidance and a framework for categorizing the 
degree of technical and manufacturing risk in a major defense 
acquisition program.’’. 
(2) EFFECTIVE DATE.—Subchapter III of chapter 144B of 
title 10, United States Code, as added by paragraph (1), shall 
apply with respect to major defense acquisition programs that 
reach Milestone A after October 1, 2017. 
(b) MODIFICATION OF MILESTONE DECISION AUTHORITY.—Effec-
tive January 1, 2017, subsection (d) of section 2430 of title 10, 
United States Code, as added by section 825(a) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 907), is amended— 
(1) in paragraph (2)(A), by inserting ‘‘subject to paragraph 
(5),’’ before ‘‘the Secretary determines’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(5) The authority of the Secretary of Defense to designate 
an alternative milestone decision authority for a program with 
respect to which the Secretary determines that the program is 
addressing a joint requirement, as set forth in paragraph (2)(A), 
shall apply only for a major defense acquisition program that 
reaches Milestone A after October 1, 2016, and before October 
1, 2019.’’. 
(c) ADHERENCE TO REQUIREMENTS IN MAJOR DEFENSE ACQUISI-
TION PROGRAMS.—Section 2547 of title 10, United States Code, 
is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) ADHERENCE TO REQUIREMENTS IN MAJOR DEFENSE ACQUISI-
TION PROGRAMS.—The Secretary of the military department con-
cerned shall ensure that the program capability document sup-
porting a Milestone B or subsequent decision for a major defense 
acquisition program may not be approved until the chief of the 
armed force concerned determines in writing that the requirements 
in the document are necessary and realistic in relation to the 
program cost and fielding targets established under section 2448a(a) 
of this title.’’; and 
10 USC 2430 
note. 
10 USC 2448a 
note. 
10 USC 2448b. 
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130 STAT. 2262 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) by adding at the end of subsection (d), as so redesig-
nated, the following new paragraph: 
‘‘(3) The term ‘program capability document’ has the 
meaning provided in section 2446a(b)(5) of this title.’’. 
(d) AMENDMENT
RELATING
TO
DETERMINATION
REQUIRED 
BEFORE MILESTONE A APPROVAL.—Section 2366a(b)(4) of title 10, 
United States Code, is amended by inserting after ‘‘areas of risk’’ 
the following: ‘‘, including risks determined by the identification 
of critical technologies required under section 2448b(a)(1) of this 
title or any other risk assessment’’. 
(e) AMENDMENT RELATING TO CERTIFICATION REQUIRED BEFORE 
MILESTONE B APPROVAL.—Section 2366b(a) of title 10, United States 
Code, is amended— 
(1) in paragraph (2), by striking ‘‘assessment by the Assist-
ant Secretary’’ and all that follows through ‘‘Test and Evalua-
tion’’ and inserting ‘‘technical risk assessment conducted under 
section 2448b of this title’’; and 
(2) in paragraph (3), as amended by section 805(a)(3)(B)— 
(A) by striking ‘‘and’’ at the end of subparagraph (C); 
(B) by redesignating subparagraphs (D) through (M) 
as subparagraphs (E) through (N), respectively; and 
(C) by inserting after subparagraph (C) the following 
new subparagraph (D): 
‘‘(D) the estimated procurement unit cost for the pro-
gram and the estimated date for initial operational capa-
bility for the baseline description for the program (estab-
lished under section 2435) do not exceed the program cost 
and fielding targets established under section 2448a(a) of 
this title, or, if such estimated cost is higher than the 
program cost targets or if such estimated date is later 
than the fielding target, the program cost targets have 
been increased or the fielding target has been delayed 
by the Secretary of Defense after a request for such increase 
or delay by the milestone decision authority;’’. 
SEC. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) MILESTONE A REPORT.— 
(1) IN GENERAL.—Section 2366a(c) of title 10, United States 
Code, is amended to read as follows: 
‘‘(c) SUBMISSIONS TO CONGRESS ON MILESTONE A.— 
‘‘(1) BRIEF SUMMARY REPORT.—Not later than 15 days after 
granting Milestone A approval for a major defense acquisition 
program, the milestone decision authority for the program shall 
provide to the congressional defense committees and, in the 
case of intelligence or intelligence-related activities, the congres-
sional intelligence committees a brief summary report that 
contains the following elements: 
‘‘(A) The program cost and fielding targets established 
by the Secretary of Defense under section 2448a(a) of this 
title. 
‘‘(B) The estimated cost and schedule for the program 
established 
by 
the 
military 
department 
concerned, 
including— 
‘‘(i) the dollar values estimated for the program 
acquisition unit cost and total life-cycle cost; and 
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130 STAT. 2263 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) the planned dates for each program milestone 
and initial operational capability. 
‘‘(C) The independent estimated cost for the program 
established pursuant to section 2334(a)(6) of this title, and 
any independent estimated schedule for the program, 
including— 
‘‘(i) as assessment of the major contributors to 
the program acquisition unit cost and total life-cycle 
cost; and 
‘‘(ii) the planned dates for each program milestone 
and initial operational capability. 
‘‘(D) A summary of the technical or manufacturing 
risks associated with the program, as determined by the 
military department concerned, including identification of 
any critical technologies or manufacturing processes that 
need to be matured. 
‘‘(E) A summary of the independent technical risk 
assessment conducted or approved under section 2448b 
of this title, including identification of any critical tech-
nologies or manufacturing processes that need to be 
matured. 
‘‘(F) A summary of any sufficiency review conducted 
by the Director of Cost Assessment and Program Evalua-
tion of the analysis of alternatives performed for the pro-
gram (as referred to in section 2366a(b)(6) of this title). 
‘‘(G) Any other information the milestone decision 
authority considers relevant. 
‘‘(2) ADDITIONAL INFORMATION.—(A) At the request of any 
of the congressional defense committees or, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees, the milestone decision authority shall 
submit to the committee an explanation of the basis for a 
determination made under subsection (b) with respect to a 
major defense acquisition program, together with a copy of 
the written determination, or further information or underlying 
documentation for the information in a brief summary report 
submitted under paragraph (1), including the independent cost 
and schedule estimates and the independent technical risk 
assessments referred to in that paragraph. 
‘‘(B) The explanation or information shall be submitted 
in unclassified form, but may include a classified annex.’’. 
(2) DEFINITIONS.—Section 2366a(d) of such title is amended 
by adding at the end the following new paragraphs: 
‘‘(8) The term ‘fielding target’ has the meaning given that 
term in section 2448a(a) of this title. 
‘‘(9) The term ‘major system component’ has the meaning 
given that term in section 2446a(b)(3) of this title. 
‘‘(10) The term ‘congressional intelligence committees’ has 
the meaning given that term in section 437(c) of this title.’’. 
(b) MILESTONE B REPORT.— 
(1) IN GENERAL.—Section 2366b(c) of title 10, United States 
Code, is amended to read as follows: 
‘‘(c) SUBMISSIONS TO CONGRESS ON MILESTONE B.— 
‘‘(1) BRIEF SUMMARY REPORT.—Not later than 15 days after 
granting Milestone B approval for a major defense acquisition 
program, the milestone decision authority for the program shall 
provide to the congressional defense committees and, in the 
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130 STAT. 2264 
PUBLIC LAW 114–328—DEC. 23, 2016 
case of intelligence or intelligence-related activities, the congres-
sional intelligence committees a brief summary report that 
contains the following elements: 
‘‘(A) The program cost and fielding targets established 
by the Secretary of Defense under section 2448a(a) of this 
title. 
‘‘(B) The estimated cost and schedule for the program 
established 
by 
the 
military 
department 
concerned, 
including— 
‘‘(i) the dollar values estimated for the program 
acquisition unit cost, average procurement unit cost, 
and total life-cycle cost; and 
‘‘(ii) the planned dates for each program milestone, 
initial operational test and evaluation, and initial oper-
ational capability. 
‘‘(C) The independent estimated cost for the program 
established pursuant to section 2334(a)(6) of this title, and 
any independent estimated schedule for the program, 
including— 
‘‘(i) the dollar values and ranges estimated for 
the program acquisition unit cost, average procurement 
unit cost, and total life-cycle cost; and 
‘‘(ii) the planned dates for each program milestone, 
initial operational test and evaluation, and initial oper-
ational capability. 
‘‘(D) A summary of the technical and manufacturing 
risks associated with the program, as determined by the 
military department concerned, including identification of 
any critical technologies or manufacturing processes that 
have not been successfully demonstrated in a relevant 
environment. 
‘‘(E) A summary of the independent technical risk 
assessment conducted or approved under section 2448b 
of this title, including identification of any critical tech-
nologies or manufacturing processes that have not been 
successfully demonstrated in a relevant environment. 
‘‘(F) A statement of whether a modular open system 
approach is being used for the program. 
‘‘(G) Any other information the milestone decision 
authority considers relevant. 
‘‘(2) CERTIFICATIONS AND DETERMINATIONS.—(A) The certifi-
cations and determination under subsection (a) with respect 
to a major defense acquisition program shall be submitted 
to the congressional defense committees with the first Selected 
Acquisition Report submitted under section 2432 of this title 
after completion of the certification. 
‘‘(B) The milestone decision authority shall retain records 
of the basis for the certifications and determination under 
paragraphs (1), (2), and (3) of subsection (a). 
‘‘(3) ADDITIONAL INFORMATION.—(A) At the request of any 
of the congressional defense committees or, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees, the milestone decision authority shall 
submit to the committee an explanation of the basis for the 
certifications and determination under paragraphs (1), (2), and 
(3) of subsection (a) with respect to a major defense acquisition 
program or further information or underlying documentation 
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130 STAT. 2265 
PUBLIC LAW 114–328—DEC. 23, 2016 
for the information in a brief summary report submitted under 
paragraph (1), including the independent cost and schedule 
estimates and the independent technical risk assessments 
referred to in that paragraph. 
‘‘(B) The explanation or information shall be submitted 
in unclassified form, but may include a classified annex.’’. 
(2) DEFINITIONS.—Section 2366b(g) of such title is amended 
by adding at the end the following new paragraphs: 
‘‘(6) The term ‘fielding target’ has the meaning given that 
term in section 2448a(a) of this title. 
‘‘(7) The term ‘major system component’ has the meaning 
given that term in section 2446a(b)(3) of this title. 
‘‘(8) The term ‘congressional intelligence committees’ has 
the meaning given that term in section 437(c) of this title.’’. 
(c) MILESTONE C REPORT.— 
(1) IN GENERAL.—Chapter 139 of such title is amended 
by inserting after section 2366b the following new section: 
‘‘§ 2366c. Major defense acquisition programs: submissions 
to Congress on Milestone C 
‘‘(a) BRIEF SUMMARY REPORT.—Not later than 15 days after 
granting Milestone C approval for a major defense acquisition pro-
gram, the milestone decision authority for the program shall provide 
to the congressional defense committees and, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees a brief summary report that contains the fol-
lowing: 
‘‘(1) The estimated cost and schedule for the program estab-
lished by the military department concerned, including— 
‘‘(A) the dollar values estimated for the program 
acquisition unit cost, average procurement unit cost, and 
total life-cycle cost; and 
‘‘(B) the planned dates for initial operational test and 
evaluation and initial operational capability. 
‘‘(2) The independent estimated cost for the program estab-
lished pursuant to section 2334(a)(6) of this title, and any 
independent estimated schedule for the program, including— 
‘‘(A) the dollar values estimated for the program 
acquisition unit cost, average procurement unit cost, and 
total life-cycle cost; and 
‘‘(B) the planned dates for initial operational test and 
evaluation and initial operational capability. 
‘‘(3) A summary of any production, manufacturing, and 
fielding risks associated with the program. 
‘‘(b) ADDITIONAL INFORMATION.—At the request of any of the 
congressional defense committees or, in the case of intelligence 
or intelligence-related activities, the congressional intelligence 
committees, the milestone decision authority shall submit to the 
committee further information or underlying documentation for the 
information in a brief summary report submitted under subsection 
(a), including the independent cost and schedule estimates and 
the independent technical risk assessments referred to in that sub-
section. 
‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 
this section, the term ‘congressional intelligence committees’ has 
the meaning given that term in section 437(c) of this title.’’. 
10 USC 2366c. 
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130 STAT. 2266 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 2366b the following new item: 
‘‘2366c. Major defense acquisition programs: submissions to Congress on Milestone 
C.’’. 
SEC. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS. 
(a) RIGHTS RELATING TO ITEM OR PROCESS DEVELOPED EXCLU-
SIVELY
AT PRIVATE EXPENSE.—Subsection (a)(2)(C)(iii) of section 
2320 of title 10, United States Code, is amended by inserting 
after ‘‘or process data’’ the following: ‘‘, including such data per-
taining to a major system component’’. 
(b) RIGHTS RELATING TO INTERFACE OR MAJOR SYSTEM INTER-
FACE.—Subsection (a)(2) of section 2320 of such title is further 
amended— 
(1) by redesignating subparagraphs (F) and (G) as subpara-
graphs (H) and (I), respectively; 
(2) in subparagraph (B), by striking ‘‘Except as provided 
in subparagraphs (C) and (D),’’ and inserting ‘‘Except as pro-
vided in subparagraphs (C), (D), and (G),’’; 
(3) in subparagraph (D)(i)(II), by striking ‘‘is necessary’’ 
and inserting ‘‘is a release, disclosure, or use of technical data 
pertaining to an interface between an item or process and 
other items or processes necessary’’; 
(4) in subparagraph (E)— 
(A) by striking ‘‘In the case’’ and inserting ‘‘Except 
as provided in subparagraphs (F) and (G), in the case’’; 
and 
(B) by striking ‘‘negotiations). The United States shall 
have’’ and all that follows through ‘‘such negotiated rights 
shall’’ and inserting the following: ‘‘negotiations) and shall 
be based on negotiations between the United States and 
the contractor, except in any case in which the Secretary 
of Defense determines, on the basis of criteria established 
in the regulations, that negotiations would not be prac-
ticable. The establishment of such rights shall’’; and 
(5) by inserting after subparagraph (E) the following new 
subparagraphs (F) and (G): 
‘‘(F) INTERFACES DEVELOPED WITH MIXED FUNDING.—Not-
withstanding subparagraph (E), the United States shall have 
government purpose rights in technical data pertaining to an 
interface between an item or process and other items or proc-
esses that was developed in part with Federal funds and in 
part at private expense, except in any case in which the Sec-
retary of Defense determines, on the basis of criteria established 
in the regulations, that negotiation of different rights in such 
technical data would be in the best interest of the United 
States. 
‘‘(G) MAJOR SYSTEM INTERFACES DEVELOPED EXCLUSIVELY 
AT
PRIVATE
EXPENSE
OR
WITH
MIXED
FUNDING.—Notwith-
standing subparagraphs (B) and (E), the United States shall 
have government purpose rights in technical data pertaining 
to a major system interface developed exclusively at private 
expense or in part with Federal funds and in part at private 
expense and used in a modular open system approach pursuant 
to section 2446a of this title, except in any case in which 
10 USC 2351 
prec. 
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130 STAT. 2267 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Secretary of Defense determines that negotiation of dif-
ferent rights in such technical data would be in the best interest 
of the United States. Such major system interface shall be 
identified in the contract solicitation and the contract. For 
technical data pertaining to a major system interface developed 
exclusively at private expense for which the United States 
asserts government purpose rights, the Secretary of Defense 
shall negotiate with the contractor the appropriate and reason-
able compensation for such technical data.’’. 
(c) AMENDMENT
RELATING
TO
DEFERRED
ORDERING.—Sub-
section (b)(9) of section 2320 of such title is amended— 
(1) by striking ‘‘at any time’’ and inserting ‘‘, until the 
date occurring six years after acceptance of the last item (other 
than technical data) under a contract or the date of contract 
termination, whichever is later,’’; 
(2) by striking ‘‘or utilized in the performance of a contract’’ 
and inserting ‘‘in the performance of the contract’’; and 
(3) by striking clause (ii) of subparagraph (B) and inserting 
the following: 
‘‘(ii) is described in subparagraphs (D)(i)(II), (F), 
and (G) of subsection (a)(2); and’’. 
(d) DEFINITIONS.—Section 2320 of such title is further 
amended— 
(1) in subsection (f), by inserting ‘‘COVERED GOVERNMENT 
SUPPORT CONTRACTOR DEFINED.—’’ before ‘‘In this section’’; and 
(2) by adding at the end the following new subsection: 
‘‘(g) ADDITIONAL DEFINITIONS.—In this section, the terms ‘major 
system component’, ‘major system interface’, and ‘modular open 
system approach’ have the meanings provided in section 2446a 
of this title.’’. 
(e) AMENDMENTS
TO
ADD
CERTAIN
HEADINGS
FOR
READ-
ABILITY.—Section 2320(a) of such title is further amended— 
(1) in subparagraph (A) of paragraph (2), by inserting after 
‘‘(A)’’ the following: ‘‘DEVELOPMENT EXCLUSIVELY WITH FEDERAL 
FUNDS.—’’; 
(2) in subparagraph (B) of such paragraph, by inserting 
after ‘‘(B)’’ the following: ‘‘DEVELOPMENT EXCLUSIVELY AT PRI-
VATE EXPENSE.—’’; 
(3) in subparagraph (C) of such paragraph, by inserting 
after ‘‘(C)’’ the following: ‘‘EXCEPTION TO SUBPARAGRAPH (B).— 
’’; 
(4) in subparagraph (D) of such paragraph, by inserting 
after ‘‘(D)’’ the following: ‘‘EXCEPTION TO SUBPARAGRAPH (B).— 
’’; and 
(5) in subparagraph (E) of such paragraph, by inserting 
after 
‘‘(E)’’ 
the 
following: 
‘‘DEVELOPMENT
WITH
MIXED 
FUNDING.—’’. 
(f) GOVERNMENT-INDUSTRY ADVISORY PANEL AMENDMENTS.— 
Section 813(b) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 892) is amended— 
(1) by adding at the end of paragraph (1) the following: 
‘‘The panel shall develop recommendations for changes to sec-
tions 2320 and 2321 of title 10, United States Code, and the 
regulations implementing such sections.’’; 
(2) in paragraph (3)— 
(A) by redesignating subparagraphs (D) and (E) as 
subparagraphs (E) and (F), respectively; and 
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130 STAT. 2268 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) by inserting after subparagraph (C) the following 
new subparagraph (D): 
‘‘(D) Ensuring that the Department of Defense and 
Department of Defense contractors have the technical data 
rights necessary to support the modular open system 
approach requirement set forth in section 2446a of title 
10, United States Code, taking into consideration the dis-
tinct characteristics of major system platforms, major 
system interfaces, and major system components developed 
exclusively with Federal funds, exclusively at private 
expense, and with a combination of Federal funds and 
private expense.’’; and 
(3) by amending paragraph (4) to read as follows: 
‘‘(4) FINAL REPORT.—Not later than February 1, 2017, the 
advisory panel shall submit its final report and recommenda-
tions to the Secretary of Defense and the congressional defense 
committees. Not later than 60 days after receiving the report, 
the Secretary shall submit any comments or recommendations 
to the congressional defense committees.’’. 
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRAC-
TUAL ACTIONS. 
Section 2326 of title 10, United States Code, is amended— 
(1) in subsection (e)— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B); 
(B) by inserting ‘‘(1)’’ before ‘‘The head’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(2) If a contractor submits a qualifying proposal to definitize 
an undefinitized contractual action and the contracting officer for 
such action definitizes the contract after the end of the 180-day 
period beginning on the date on which the contractor submitted 
the qualifying proposal, the head of the agency concerned shall 
ensure that the profit allowed on the contract accurately reflects 
the cost risk of the contractor as such risk existed on the date 
the contractor submitted the qualifying proposal.’’; 
(2) by redesignating subsections (f) and (g) as subsections 
(h) and (i), respectively; 
(3) by inserting after subsection (e) the following new sub-
sections: 
‘‘(f) TIME LIMIT.—No undefinitized contractual action may 
extend beyond 90 days without a written determination by the 
Secretary of the military department concerned, the head of the 
Defense Agency concerned, the commander of the combatant com-
mand concerned, or the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (as applicable) that it is in the best 
interests of the military department, the Defense Agency, the 
combatant command, or the Department of Defense, respectively, 
to continue the action. 
‘‘(g) FOREIGN MILITARY CONTRACTS.—(1) Except as provided 
in paragraph (2), a contracting officer of the Department of Defense 
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130 STAT. 2269 
PUBLIC LAW 114–328—DEC. 23, 2016 
may not enter into an undefinitized contractual action for a foreign 
military sale unless the contractual action provides for agreement 
upon contractual terms, specifications, and price by the end of 
the 180-day period described in subsection (b)(1)(A). 
‘‘(2) The requirement under paragraph (1) may be waived in 
accordance with subsection (b)(4).’’; and 
(4) in subsection (i), as redesignated by paragraph (2)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (A); and 
(ii) by redesignating subparagraphs (B), (C), and 
(D) as subparagraphs (A), (B), and (C), respectively; 
and 
(B) in paragraph (2), by striking ‘‘complete and mean-
ingful audits’’ and all that follows through the period and 
inserting ‘‘a meaningful audit of the information contained 
in the proposal.’’. 
SEC. 812. AMENDMENTS RELATING TO INVENTORY AND TRACKING 
OF PURCHASES OF SERVICES. 
(a) INCREASED THRESHOLD.—Subsection (a) of section 2330a 
of title 10, United States Code, is amended by striking ‘‘in excess 
of the simplified acquisition threshold’’ and inserting ‘‘in excess 
of $3,000,000’’. 
(b) SPECIFICATION OF SERVICES.—Subsection (a) of such section 
is further amended by striking the period at the end and inserting 
the following: ‘‘, for services in the following service acquisition 
portfolio groups: 
‘‘(1) Logistics management services. 
‘‘(2) Equipment related services. 
‘‘(3) Knowledge-based services. 
‘‘(4) Electronics and communications services.’’. 
(c) INVENTORY SUMMARY.—Subsection (c) of such section is 
amended— 
(1) by striking ‘‘(c) INVENTORY.—’’ and inserting ‘‘(c) INVEN-
TORY SUMMARY.—’’; and 
(2) in paragraph (1), by striking ‘‘submit to Congress an 
annual inventory’’ and all that follows through ‘‘for or on behalf’’ 
and inserting ‘‘prepare an annual inventory, and submit to 
Congress a summary of the inventory, of activities performed 
during the preceding fiscal year pursuant to staff augmentation 
contracts on behalf’’. 
(d) ELIMINATION OF CERTAIN REQUIREMENTS.—Such section is 
further amended— 
(1) by striking subsections (d), (g), and (h); and 
(2) by redesignating subsections (e), (f), (i), and (j) as sub-
sections (d), (e), (g), and (h), respectively. 
(e) SPECIFICATION OF SERVICES TO BE REVIEWED.—Subsection 
(d), as so redesignated, of such section, is amended in paragraph 
(1) by inserting after ‘‘responsible’’ the following: ‘‘, with particular 
focus and attention on the following categories of high-risk product 
service codes (also referred to as Federal supply codes): 
‘‘(A) Special studies or analysis that is not research 
and development. 
‘‘(B) Information technology and telecommunications. 
‘‘(C) Support, including professional, administrative, 
and management.’’. 
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130 STAT. 2270 
PUBLIC LAW 114–328—DEC. 23, 2016 
(f) COMPTROLLER GENERAL REPORT.—Such section is further 
amended by inserting after subsection (e), as so redesignated, the 
following new subsection (f): 
‘‘(f) COMPTROLLER GENERAL REPORT.—Not later than March 
31, 2018, the Comptroller General of the United States shall submit 
to the congressional defense committees a report on the status 
of the data collection required in subsection (a) and an assessment 
of the efforts by the Department of Defense to implement subsection 
(e).’’. 
(g) DEFINITIONS.—Subsection (h), as so redesignated, of such 
section is amended by adding at the end the following new para-
graphs: 
‘‘(6) The term ‘service acquisition portfolio groups’ means 
the groups identified in Department of Defense Instruction 
5000.74, Defense Acquisition of Services (January 5, 2016) or 
successor guidance. 
‘‘(7) The term ‘staff augmentation contracts’ means services 
contracts for personnel who are physically present in a Govern-
ment work space on a full-time or permanent part-time basis, 
for the purpose of advising on, providing support to, or assisting 
a Government agency in the performance of the agency’s mis-
sions, including authorized personal services contracts (as that 
term is defined in section 2330a(g)(5) of this title).’’. 
SEC. 813. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE 
SELECTION PROCESS. 
(a) STATEMENT OF POLICY.—It shall be the policy of the Depart-
ment of Defense to avoid using lowest price technically acceptable 
source selection criteria in circumstances that would deny the 
Department the benefits of cost and technical tradeoffs in the 
source selection process. 
(b) REVISION OF DEFENSE FEDERAL ACQUISITION REGULATION 
SUPPLEMENT.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall revise the Defense 
Federal Acquisition Regulation Supplement to require that, for 
solicitations issued on or after the date that is 120 days after 
the date of the enactment of this Act, lowest price technically 
acceptable source selection criteria are used only in situations in 
which— 
(1) the Department of Defense is able to comprehensively 
and clearly describe the minimum requirements expressed in 
terms of performance objectives, measures, and standards that 
will be used to determine acceptability of offers; 
(2) the Department of Defense would realize no, or minimal, 
value from a contract proposal exceeding the minimum tech-
nical or performance requirements set forth in the request 
for proposal; 
(3) the proposed technical approaches will require no, or 
minimal, subjective judgment by the source selection authority 
as to the desirability of one offeror’s proposal versus a com-
peting proposal; 
(4) the source selection authority has a high degree of 
confidence that a review of technical proposals of offerors other 
than the lowest bidder would not result in the identification 
of factors that could provide value or benefit to the Department; 
10 USC 2305 
note. 
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130 STAT. 2271 
PUBLIC LAW 114–328—DEC. 23, 2016 
(5) the contracting officer has included a justification for 
the use of a lowest price technically acceptable evaluation meth-
odology in the contract file; and 
(6) the Department of Defense has determined that the 
lowest price reflects full life-cycle costs, including for operations 
and support. 
(c) AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPT-
ABLE SOURCE SELECTION CRITERIA IN CERTAIN PROCUREMENTS.— 
To the maximum extent practicable, the use of lowest price tech-
nically acceptable source selection criteria shall be avoided in the 
case of a procurement that is predominately for the acquisition 
of— 
(1) information technology services, cybersecurity services, 
systems 
engineering 
and 
technical 
assistance 
services, 
advanced electronic testing, audit or audit readiness services, 
or other knowledge-based professional services; 
(2) personal protective equipment; or 
(3) knowledge-based training or logistics services in contin-
gency operations or other operations outside the United States, 
including in Afghanistan or Iraq. 
(d) REPORTING.—Not later than December 1, 2017, and annually 
thereafter for three years, the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
on the number of instances in which lowest price technically accept-
able source selection criteria is used for a contract exceeding 
$10,000,000, including an explanation of how the situations listed 
in subsection (b) were considered in making a determination to 
use lowest price technically acceptable source selection criteria. 
SEC. 814. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT. 
(a) LIMITATION.—Not later than 90 days after the date of the 
enactment of this Act, the Defense Federal Acquisition Regulation 
Supplement shall be revised— 
(1) to prohibit the use by the Department of Defense of 
reverse auctions or lowest price technically acceptable con-
tracting methods for the procurement of personal protective 
equipment if the level of quality or failure of the item could 
result in combat casualties; and 
(2) to establish a preference for the use of best value 
contracting methods for the procurement of such equipment. 
(b) CONFORMING AMENDMENT.—Section 884 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 948; 10 U.S.C. 2302 note) is hereby repealed. 
SEC. 815. AMENDMENTS RELATED TO DETECTION AND AVOIDANCE 
OF COUNTERFEIT ELECTRONIC PARTS. 
Section 818 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note) is amended— 
(1) in paragraph (3) of subsection (c)— 
(A) by striking the heading and inserting ‘‘SUPPLIERS 
MEETING ANTICOUNTERFEITING REQUIREMENTS.—’’; 
(B) in subparagraph (A)(i), by striking ‘‘trusted sup-
pliers in accordance with regulations issued pursuant to 
subparagraph (C) or (D) who’’ and inserting ‘‘suppliers that 
meet anticounterfeiting requirements in accordance with 
regulations issued pursuant to subparagraph (C) or (D) 
and that’’; 
10 USC 2302 
note. 
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130 STAT. 2272 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) in subparagraphs (A)(ii) and (A)(iii), by striking 
‘‘trusted suppliers’’ each place it appears and inserting 
‘‘suppliers that meet anticounterfeiting requirements’’; 
(D) in subparagraph (C), by striking ‘‘as trusted sup-
pliers those’’ and inserting ‘‘suppliers’’; 
(E) in subparagraph (D) in the matter preceding clause 
(i), by striking ‘‘trusted suppliers’’ and inserting ‘‘suppliers 
that meet anticounterfeiting requirements’’; and 
(F) in subparagraphs (D)(i) and (D)(iii), by striking 
‘‘trusted’’ each place it appears; and 
(2) in subsection (e)(2)(A)(v), by striking ‘‘use of trusted 
suppliers’’ and inserting ‘‘the use of suppliers that meet 
applicable anticounterfeiting requirements’’. 
SEC. 816. AMENDMENTS TO SPECIAL EMERGENCY PROCUREMENT 
AUTHORITY. 
Section 1903(a) of title 41, United States Code, is amended— 
(1) by striking ‘‘or’’ at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting a semicolon; and 
(3) by adding after paragraph (2) the following new para-
graphs: 
‘‘(3) in support of a request from the Secretary of State 
or the Administrator of the United States Agency for Inter-
national Development to facilitate the provision of international 
disaster assistance pursuant to chapter 9 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or 
‘‘(4) in support of an emergency or major disaster (as those 
terms are defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122)).’’. 
SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR 
FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE 
ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE 
ARMED FORCES. 
Section 418 of title 37, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(d)(1) In the case of athletic footwear needed by members 
of the Army, Navy, Air Force, or Marine Corps upon their initial 
entry into the armed forces, the Secretary of Defense shall furnish 
such footwear directly to the members instead of providing a cash 
allowance to the members for the purchase of such footwear. 
‘‘(2) In procuring athletic footwear to comply with paragraph 
(1), the Secretary of Defense shall— 
‘‘(A) procure athletic footwear that complies with the 
requirements of section 2533a of title 10, without regard to 
the applicability of any simplified acquisition threshold under 
chapter 137 of title 10 (or any other provision of law); and 
‘‘(B) procure additional athletic footwear, for two years 
following the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2017, that is necessary to 
provide a member described in paragraph (1) with sufficient 
choices in athletic shoes so as to minimize the incidence of 
athletic injuries and potential unnecessary harm and risk to 
the safety and well-being of members in initial entry training. 
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130 STAT. 2273 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(3) This subsection does not prohibit the provision of a cash 
allowance to a member described in paragraph (1) for the purchase 
of athletic footwear if such footwear— 
‘‘(A) is medically required to meet unique physiological 
needs of the member; and 
‘‘(B) cannot be met with athletic footwear that complies 
with the requirements of this subsection.’’. 
SEC. 818. EXTENSION OF AUTHORITY FOR ENHANCED TRANSFER OF 
TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE 
LABORATORIES. 
Section 801(e) of the National Defense Authorization Act for 
Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804; 10 U.S.C. 
2514 note) is amended by striking ‘‘2017’’ and inserting ‘‘2021’’. 
SEC. 819. MODIFIED NOTIFICATION REQUIREMENT FOR EXERCISE OF 
WAIVER AUTHORITY TO ACQUIRE VITAL NATIONAL SECU-
RITY CAPABILITIES. 
Subsection (d) of section 806 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 
note) is amended to read as follows: 
‘‘(d) NOTIFICATION REQUIREMENT.—Not later than 10 days after 
exercising the waiver authority under subsection (a), the Secretary 
of Defense shall provide a written notification to Congress providing 
the details of the waiver and the expected benefits it provides 
to the Department of Defense.’’. 
SEC. 820. DEFENSE COST ACCOUNTING STANDARDS. 
(a) AMENDMENTS
TO
THE
COST
ACCOUNTING
STANDARDS 
BOARD.— 
(1) IN GENERAL.—Section 1501 of title 41, United States 
Code, is amended— 
(A) in subsection (b)(1)(B)(ii), by inserting ‘‘and, if pos-
sible, is a representative of a public accounting firm’’ after 
‘‘systems’’; 
(B) by redesignating subsections (c) through (f) as sub-
sections (f) through (i), respectively; 
(C) by inserting after subsection (b) the following new 
subsections: 
‘‘(c) DUTIES.—The Board shall— 
‘‘(1) ensure that the cost accounting standards used by 
Federal contractors rely, to the maximum extent practicable, 
on commercial standards and accounting practices and systems; 
‘‘(2) within one year after the date of enactment of this 
subsection, and on an ongoing basis thereafter, review any 
cost accounting standards established under section 1502 of 
this title and conform such standards, where practicable, to 
Generally Accepted Accounting Principles; and 
‘‘(3) annually review disputes involving such standards 
brought to the boards established in section 7105 of this title 
or Federal courts, and consider whether greater clarity in such 
standards could avoid such disputes. 
‘‘(d) MEETINGS.—The Board shall meet not less than once each 
quarter and shall publish in the Federal Register notice of each 
meeting and its agenda before such meeting is held. 
‘‘(e) REPORT.—The Board shall annually submit a report to 
the congressional defense committees, the Committee on Oversight 
and Government Reform of the House of Representatives, and the 
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130 STAT. 2274 
PUBLIC LAW 114–328—DEC. 23, 2016 
Committee on Homeland Security and Governmental Affairs of 
the Senate describing the actions taken during the prior year— 
‘‘(1) to conform the cost accounting standards established 
under section 1502 of this title with Generally Accepted 
Accounting Principles; and 
‘‘(2) to minimize the burden on contractors while protecting 
the interests of the Federal Government.’’; and 
(D) by amending subsection (f) (as so redesignated) 
to read as follows: 
‘‘(f) SENIOR STAFF.—The Administrator, after consultation with 
the Board— 
‘‘(1) without regard to the provisions of title 5 governing 
appointments in the competitive service— 
‘‘(A) shall appoint an executive secretary; and 
‘‘(B) may appoint, or detail pursuant to section 3341 
of title 5, two additional staff members; and 
‘‘(2) may pay those employees without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of title 
5 relating to classification and General Schedule pay rates, 
except that those employees may not receive pay in excess 
of the maximum rate of basic pay payable for level IV of 
the Executive Schedule.’’. 
(2) VALUE OF CONTRACTS ELIGIBLE FOR WAIVER.—Section 
1502(b)(3)(A) of title 41, United States Code, is amended by 
striking ‘‘$15,000,000’’ and inserting ‘‘$100,000,000’’. 
(3) CONFORMING AMENDMENTS.—Section 1501(i) of title 41, 
United States Code (as redesignated by paragraph (1)), is 
amended— 
(A) in paragraph (1), by striking ‘‘subsection (e)(1)’’ 
and inserting ‘‘subsection (h)(1)’’; and 
(B) in paragraph (3), by striking ‘‘subsection (e)(2)’’ 
and inserting ‘‘subsection (h)(2)’’. 
(b) DEFENSE COST ACCOUNTING STANDARDS BOARD.— 
(1) IN GENERAL.—Chapter 7 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 190. Defense Cost Accounting Standards Board 
‘‘(a) ORGANIZATION.—The Defense Cost Accounting Standards 
Board is an independent board in the Office of the Secretary of 
Defense. 
‘‘(b) MEMBERSHIP.—(1) The Board consists of seven members. 
One member is the Chief Financial Officer of the Department 
of Defense or a designee of the Chief Financial Officer, who serves 
as Chairman. The other six members, all of whom shall have 
experience in contract pricing, finance, or cost accounting, are as 
follows: 
‘‘(A) Three representatives of the Department of Defense 
appointed by the Secretary of Defense; and 
‘‘(B) Three individuals from the private sector, each of 
whom is appointed by the Secretary of Defense, and— 
‘‘(i) one of whom is a representative of a nontraditional 
defense contractor (as defined in section 2302(9) of this 
title); and 
‘‘(ii) one of whom is a representative from a public 
accounting firm. 
10 USC 190. 
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130 STAT. 2275 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) A member appointed under paragraph (1)(A) may not con-
tinue to serve after ceasing to be an officer or employee of the 
Department of Defense. 
‘‘(c) DUTIES OF THE CHAIRMAN.—The Chief Financial Officer 
of the Department of Defense, after consultation with the Defense 
Cost Accounting Standards Board, shall prescribe rules and proce-
dures governing actions of the Board under this section. 
‘‘(d) DUTIES.—The Defense Cost Accounting Standards Board— 
‘‘(1) shall review cost accounting standards established 
under section 1502 of title 41 and recommend changes to such 
cost accounting standards to the Cost Accounting Standards 
Board established under section 1501 of such title; 
‘‘(2) has exclusive authority, with respect to the Department 
of Defense, to implement such cost accounting standards to 
achieve uniformity and consistency in the standards governing 
measurement, assignment, and allocation of costs to contracts 
with the Department of Defense; and 
‘‘(3) shall develop standards to ensure that commercial 
operations performed by Government employees at the Depart-
ment of Defense adhere to cost accounting standards (based 
on cost accounting standards established under section 1502 
of title 41 or Generally Accepted Accounting Principles) that 
inform managerial decisionmaking. 
‘‘(e) COMPENSATION.—(1) Members of the Defense Cost 
Accounting Standards Board who are officers or employees of the 
Department of Defense shall not receive additional compensation 
for services but shall continue to be compensated by the Department 
of Defense. 
‘‘(2) Each member of the Board appointed from the private 
sector shall receive compensation at a rate not to exceed the daily 
equivalent of the rate for level IV of the Executive Schedule for 
each day (including travel time) in which the member is engaged 
in the actual performance of duties vested in the Board. 
‘‘(3) While serving away from home or regular place of business, 
Board members and other individuals serving on an intermittent 
basis shall be allowed travel expenses in accordance with section 
5703 of title 5. 
‘‘(f) AUDITING REQUIREMENTS.—(1) Notwithstanding any other 
provision of law, contractors with the Department of Defense may 
present, and the Defense Contract Audit Agency shall accept with-
out performing additional audits, a summary of audit findings pre-
pared by a commercial auditor if— 
‘‘(A) the auditor previously performed an audit of the allow-
ability, measurement, assignment to accounting periods, and 
allocation of indirect costs of the contractor; and 
‘‘(B) such audit was performed using relevant commercial 
accounting standards (such as Generally Accepted Accounting 
Principles) and relevant commercial auditing standards estab-
lished by the commercial auditing industry for the relevant 
accounting period. 
‘‘(2) The Defense Contract Audit Agency may audit direct costs 
of Department of Defense cost contracts and shall rely on commer-
cial audits of indirect costs without performing additional audits, 
except that in the case of companies or business units that have 
a predominance of cost-type contracts as a percentage of sales, 
the Defense Contract Audit Agency may audit both direct and 
indirect costs.’’. 
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130 STAT. 2276 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 7 of such title is amended by adding 
after the item relating to section 189 the following new item: 
‘‘190. Defense Cost Accounting Standards Board.’’. 
(c) REPORT.—Not later than December 31, 2019, the Comp-
troller General of the United States shall submit to the congres-
sional defense committees a report on the adequacy of the method 
used by the Cost Accounting Standards Board established under 
section 1501 of title 41, United States Code, to apply cost accounting 
standards to indirect and fixed price incentive contracts. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2018. 
SEC. 821. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO 
DEPARTMENT OF DEFENSE PROCUREMENTS. 
(a) INCREASED MICRO-PURCHASE THRESHOLD.—Chapter 137 of 
title 10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2338. Micro-purchase threshold 
‘‘Notwithstanding subsection (a) of section 1902 of title 41, 
the micro-purchase threshold for the Department of Defense for 
purposes of such section is $5,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘2338. Micro-purchase threshold.’’. 
SEC. 822. ENHANCED COMPETITION REQUIREMENTS. 
Section 2306a of title 10, United States Code, is amended— 
(1) in subsection (a)(1)(A), by inserting ‘‘that is only 
expected to receive one bid’’ after ‘‘entered into using procedures 
other than sealed-bid procedures’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)(A)(i), by striking ‘‘price competi-
tion’’ and inserting ‘‘competition that results in at least 
two or more responsive and viable competing bids’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(6) DETERMINATION BY PRIME CONTRACTOR.—A prime con-
tractor required to submit certified cost or pricing data under 
subsection (a) with respect to a prime contract shall be respon-
sible for determining whether a subcontract under such contract 
qualifies for an exception under paragraph (1)(A) from such 
requirement.’’. 
SEC. 823. REVISION TO EFFECTIVE DATE OF SENIOR EXECUTIVE 
BENCHMARK COMPENSATION FOR ALLOWABLE COST 
LIMITATIONS. 
(a) REPEAL OF RETROACTIVE APPLICABILITY.—Section 803(c) of 
the National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended 
by striking ‘‘amendments made by’’ and all that follows and 
inserting ‘‘amendments made by this section shall apply with 
respect to costs of compensation incurred after January 1, 2012, 
under contracts entered into on or after December 31, 2011.’’. 
10 USC 2301 
prec. 
10 USC 2338. 
10 USC 190 note. 
10 USC 171 prec. 
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130 STAT. 2277 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall take effect as of December 31, 2011, and shall apply as 
if included in the National Defense Authorization Act for Fiscal 
Year 2012 as enacted. 
SEC. 824. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOP-
MENT COSTS ON CERTAIN CONTRACTS. 
(a) INDEPENDENT RESEARCH AND DEVELOPMENT COSTS: ALLOW-
ABLE COSTS.— 
(1) IN GENERAL.—Section 2372 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 2372. Independent research and development costs: allow-
able costs 
‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations governing the payment by the Department of Defense 
of expenses incurred by contractors for independent research and 
development costs. Such regulations shall provide that expenses 
incurred for independent research and development shall be 
reported independently from other allowable indirect costs. 
‘‘(b) COSTS TREATED AS FAIR AND REASONABLE, AND ALLOWABLE, 
EXPENSES.—The regulations prescribed under subsection (a) shall 
provide that independent research and development costs shall 
be considered a fair and reasonable, and allowable, indirect expense 
on Department of Defense contracts. 
‘‘(c) ADDITIONAL CONTROLS.—Subject to subsection (d), the regu-
lations prescribed under subsection (a) may include the following 
provisions: 
‘‘(1) Controls on the reimbursement of costs to the con-
tractor for expenses incurred for independent research and 
development to ensure that such costs were incurred for inde-
pendent research and development. 
‘‘(2) Implementation of regular methods for transmission— 
‘‘(A) from the Department of Defense to contractors, 
in a reasonable manner, of timely and comprehensive 
information regarding planned or expected needs of the 
Department of Defense for future technology and advanced 
capability; and 
‘‘(B) from contractors to the Department of Defense, 
in a reasonable manner, of information regarding progress 
by the contractor on the independent research and develop-
ment programs of the contractor. 
‘‘(d) LIMITATIONS
ON REGULATIONS.—Regulations prescribed 
under subsection (a) may not include provisions that would infringe 
on the independence of a contractor to choose which technologies 
to pursue in its independent research and development program 
if the chief executive officer of the contractor determines that 
expenditures will advance the needs of the Department of Defense 
for future technology and advanced capability as transmitted pursu-
ant to subsection (c)(3)(A). 
‘‘(e) EFFECTIVE DATE.—The regulations prescribed under sub-
section (a) shall apply to indirect costs incurred on or after October 
1, 2017.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 139 is amended by striking the item 
relating to section 2372 and inserting the following new item: 
‘‘2372. Independent research and development costs: allowable costs’’. 
10 USC 2351 
prec. 
10 USC 2324 
note. 
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130 STAT. 2278 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) BID AND PROPOSAL COSTS: ALLOWABLE COSTS.— 
(1) IN GENERAL.—Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2372 the following 
new section: 
‘‘§ 2372a. Bid and proposal costs: allowable costs 
‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations governing the payment by the Department of Defense 
of expenses incurred by contractors for bid and proposal costs. 
Such regulations shall provide that expenses incurred for bid and 
proposal costs shall be reported independently from other allowable 
indirect costs. 
‘‘(b) COSTS ALLOWABLE AS INDIRECT EXPENSES.—The regula-
tions prescribed under subsection (a) shall provide that bid and 
proposal costs shall be allowable as indirect expenses on covered 
contracts, as defined in section 2324(l) of this title, to the extent 
that those costs are allocable, reasonable, and not otherwise 
unallowable by law or under the Federal Acquisition Regulation. 
‘‘(c) GOAL FOR REIMBURSABLE BID AND PROPOSAL COSTS.—The 
Secretary shall establish a goal each fiscal year limiting the amount 
of reimbursable bid and proposal costs paid by the Department 
of Defense to an amount equal to not more than one percent 
of the total aggregate industry sales to the Department of Defense. 
To achieve such goal, the Secretary may not limit the payment 
of allowable bid and proposal costs for the covered year. 
‘‘(d) PANEL.—(1) If the Department of Defense exceeds the 
goal established under subsection (c) for a fiscal year, within 180 
days after exceeding the goal, the Secretary shall establish an 
advisory panel. The panel shall be supported by the Defense 
Acquisition University and the National Defense University, 
including administrative support. 
‘‘(2) The panel shall be composed of nine individuals who are 
recognized experts in acquisition and procurement policy appointed 
by the Secretary. In making such appointments, the Secretary 
shall ensure that the members of the panel reflect diverse experi-
ences in the public and private sector. 
‘‘(3) The panel shall review laws, regulations, and practices 
that contribute to the expenses incurred by contractors for bids 
and proposals in the fiscal year concerned and recommend changes 
to such laws, regulations, and practices that may reduce expenses 
incurred by contractors for bids and proposals. 
‘‘(4)(A) Not later than six months after the establishment of 
the panel, the panel shall submit to the Secretary and the congres-
sional defense committees an interim report on the findings of 
the panel. 
‘‘(B) Not later than one year after the establishment of 
the panel, the panel shall submit to the Secretary and the 
congressional defense committees a final report on the findings 
of the panel. 
‘‘(5) The panel shall terminate on the day the panel submits 
the final report under paragraph (4)(B). 
‘‘(6) The Secretary of Defense may use amounts available in 
the Department of Defense Acquisition Workforce Development 
Fund established under section 1705 of this title to support the 
activities of the panel established under this subsection. 
10 USC 2372a. 
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130 STAT. 2279 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(e) EFFECTIVE DATE.—The regulations prescribed under sub-
section (a) shall apply to indirect costs incurred on or after October 
1, 2017.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 139 of such title is amended by inserting 
the following new item: 
‘‘2372a. Bid and proposal costs: allowable costs’’. 
(c) REPORT
ON
ELEMENTS
CONTRIBUTING
TO
EXPENSES 
INCURRED BY CONTRACTORS FOR BIDS AND PROPOSALS.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with an independent entity to study the 
laws, regulations, and practices relating to expenses incurred 
by contractors for bids and proposals. 
(2) REPORT.—Not later than 180 days after receipt of the 
contract required by paragraph (1), the independent entity shall 
submit to the Department of Defense and the congressional 
defense committees a report on the laws, regulations, or prac-
tices relating to expenses incurred by contractors for bids and 
recommendations for changes to such laws, regulations, or prac-
tices that may reduce expenses incurred by contractors for 
bids and proposals. 
(d) DEFENSE CONTRACT AUDIT AGENCY: ANNUAL REPORT.— 
(1) IN GENERAL.—Subsection (a) of section 2313a of title 
10, United States Code, is amended— 
(A) by redesignating paragraphs (4) and (5) as para-
graphs (6) and (7), respectively; and 
(B) by inserting after paragraph (3) the following new 
paragraphs: 
‘‘(3) a summary, set forth separately by dollar amount 
and percentage, of indirect costs for independent research and 
development incurred by contractors in the previous fiscal year; 
‘‘(4) a summary, set forth separately by dollar amount 
and percentage, of indirect costs for bid and proposal costs 
incurred by contractors in the previous fiscal year;’’. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2018. 
SEC. 825. EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE 
TO THE GOVERNMENT AS A FACTOR IN THE EVALUATION 
OF PROPOSALS FOR CERTAIN MULTIPLE-AWARD TASK OR 
DELIVERY ORDER CONTRACTS. 
(a) EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE 
AS FACTOR.—Section 2305(a)(3) of title 10, United States Code, 
is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by inserting ‘‘(except as provided in 
subparagraph (C))’’ after ‘‘shall’’; and 
(B) in clause (ii), by inserting ‘‘(except as provided 
in subparagraph (C))’’ after ‘‘shall’’; and 
(2) by adding at the end the following new subparagraphs: 
‘‘(C) If the head of an agency issues a solicitation for 
multiple task or delivery order contracts under section 
2304a(d)(1)(B) of this title for the same or similar services 
and intends to make a contract award to each qualifying 
offeror— 
10 USC 2313a 
note. 
10 USC 2351 
prec. 
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130 STAT. 2280 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(i) cost or price to the Federal Government need not, 
at the Government’s discretion, be considered under clause 
(ii) of subparagraph (A) as an evaluation factor for the 
contract award; and 
‘‘(ii) if, pursuant to clause (i), cost or price to the 
Federal Government is not considered as an evaluation 
factor for the contract award— 
‘‘(I) the disclosure requirement of clause (iii) of 
subparagraph (A) shall not apply; and 
‘‘(II) cost or price to the Federal Government shall 
be considered in conjunction with the issuance pursu-
ant to section 2304c(b) of this title of a task or delivery 
order under any contract resulting from the solicita-
tion. 
‘‘(D) In subparagraph (C), the term ‘qualifying offeror’ 
means an offeror that— 
‘‘(i) is determined to be a responsible source; 
‘‘(ii) submits a proposal that conforms to the require-
ments of the solicitation; and 
‘‘(iii) the contracting officer has no reason to believe 
would likely offer other than fair and reasonable pricing. 
‘‘(E) Subparagraph (C) shall not apply to multiple task 
or delivery order contracts if the solicitation provides for sole 
source task or delivery order contracts pursuant to section 
8(a) of the Small Business Act (15 U.S.C. 637(a)).’’. 
(b) AMENDMENT TO PROCEDURES RELATING TO ORDERS UNDER 
MULTIPLE-AWARD CONTRACTS.—Section 2304c(b) of title 10, United 
States Code, is amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the end; 
(2) in paragraph (4), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(5) the task or delivery order satisfies one of the exceptions 
in section 2304(c) of this title to the requirement to use competi-
tive procedures.’’. 
SEC. 826. EXTENSION OF PROGRAM FOR COMPREHENSIVE SMALL 
BUSINESS CONTRACTING PLANS. 
Section 834(e) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by 
striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2027’’. 
SEC. 827. TREATMENT OF SIDE-BY-SIDE TESTING OF CERTAIN EQUIP-
MENT, MUNITIONS, AND TECHNOLOGIES MANUFACTURED 
AND DEVELOPED UNDER COOPERATIVE RESEARCH AND 
DEVELOPMENT AGREEMENTS AS USE OF COMPETITIVE 
PROCEDURES. 
Section 2350a(g) of title 10, United States Code, is amended 
by inserting after paragraph (2) the following new paragraph: 
‘‘(3) The use of side-by-side testing under this subsection may 
be considered to be the use of competitive procedures for purposes 
of chapter 137 of this title, when procuring items within 5 years 
after an initial determination that the items have been successfully 
tested and found to satisfy United States military requirements 
or to correct operational deficiencies.’’. 
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130 STAT. 2281 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMEND-
MENTS. 
(a) EXPANSION OF SCOPE TO INCLUDE SYSTEMS-OF-SYSTEMS AND 
FUNCTIONS.—Paragraph (2) of subsection (a) of section 2359b of 
title 10, United States Code, is amended by striking ‘‘or system’’ 
and all that follows through the end of the paragraph and inserting 
the following: ‘‘system, or system-of-systems level of an existing 
Department of Defense acquisition program, or to address any 
broader functional challenge to Department of Defense missions 
that may not fall within an acquisition program, that would result 
in improvements in performance, affordability, manufacturability, 
or operational capability of that acquisition program or function.’’. 
(b) TREATMENT OF CHALLENGE PROPOSAL PROCEDURES AS USE 
OF COMPETITIVE PROCEDURES.—Such section is further amended— 
(1) by redesignating subsections (j) and (k) as subsections 
(k) and (l), respectively; and 
(2) by inserting after subsection (i) the following new sub-
section: 
‘‘(j) TREATMENT OF USE OF CERTAIN PROCEDURES AS USE OF 
COMPETITIVE PROCEDURES.—The use of general solicitation competi-
tive procedures established under subsection (c) shall be considered 
to be the use of competitive procedures for purposes of chapter 
137 of this title.’’. 
(c) EXTENSION OF SUNSET FOR PILOT PROGRAM FOR PROGRAMS 
OTHER THAN MAJOR DEFENSE ACQUISITION PROGRAMS.—Such sec-
tion is further amended in paragraph (5) of subsection (l), as redesig-
nated by subsection (b)(1) of this subsection, by striking ‘‘2016’’ 
and inserting ‘‘2021’’. 
(d) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(1) in subsection (c)(3), by inserting ‘‘or functions’’ after 
‘‘acquisition programs’’; 
(2) in subsection (c)(4)(A)— 
(A) by striking ‘‘and’’ at the end of clause (i); 
(B) by striking the period at the end of clause (ii) 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new clause: 
‘‘(iii) any functional challenges of importance to Department 
of Defense missions.’’; 
(3) in subsection (c)(5), by adding at the end the following 
new subparagraph: 
‘‘(D) Whether the challenge proposal is likely to result 
in improvements to any functional challenges of importance 
to Department of Defense missions, and whether the pro-
posal could be implemented rapidly, at an acceptable cost, 
and without unacceptable disruption to such missions.’’; 
and 
(4) in subsection (c)(5)(B) and in subsection (e)(1), by 
striking ‘‘or system’’ and inserting ‘‘system, or system-of-sys-
tems’’. 
SEC. 829. PREFERENCE FOR FIXED-PRICE CONTRACTS. 
(a) ESTABLISHMENT OF PREFERENCE.—Not later than 180 days 
after the date of the enactment of this Act, the Defense Federal 
Acquisition Regulation Supplement shall be revised to establish 
a preference for fixed-price contracts, including fixed-price incentive 
fee contracts, in the determination of contract type. 
10 USC 2306 
note. 
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130 STAT. 2282 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) APPROVAL REQUIREMENT
FOR CERTAIN COST-TYPE CON-
TRACTS.— 
(1) IN GENERAL.—A contracting officer of the Department 
of Defense may not enter into a cost-type contract described 
in paragraph (2) unless the contract is approved by the service 
acquisition executive of the military department concerned, the 
head of the Defense Agency concerned, the commander of the 
combatant command concerned, or the Under Secretary of 
Defense 
for 
Acquisition, 
Technology, 
and 
Logistics 
(as 
applicable). 
(2) COVERED
CONTRACTS.—A contract described in this 
paragraph is— 
(A) a cost-type contract in excess of $50,000,000, in 
the case of a contract entered into on or after October 
1, 2018, and before October 1, 2019; and 
(B) a cost-type contract in excess of $25,000,000, in 
the case of a contract entered into on or after October 
1, 2019. 
SEC. 830. REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR 
FOREIGN MILITARY SALES. 
(a) REQUIREMENT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall prescribe 
regulations to require the use of firm fixed-price contracts for foreign 
military sales. 
(b) EXCEPTIONS.—The regulations prescribed pursuant to sub-
section (a) shall include exceptions that may be exercised if the 
foreign country that is the counterparty to a foreign military sale— 
(1) has established in writing a preference for a different 
contract type; or 
(2) requests in writing that a different contract type be 
used for a specific foreign military sale. 
(c) WAIVER AUTHORITY.—The regulations prescribed pursuant 
to subsection (a) shall include a waiver that may be exercised 
by the Secretary of Defense or his designee if the Secretary or 
his designee determines on a case-by-case basis that a different 
contract type is in the best interest of the United States and 
American taxpayers. 
(d) PILOT PROGRAM FOR ACCELERATION OF FOREIGN MILITARY 
SALES.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
a pilot program to reform and accelerate the contracting and 
pricing processes associated with full rate production of major 
weapon systems for no more than 10 foreign military sales 
contracts by— 
(A) basing price reasonableness determinations on 
actual cost and pricing data for purchases of the same 
product for the Department of Defense; and 
(B) reducing the cost and pricing data to be submitted 
in accordance with section 2306a of title 10, United States 
Code. 
(2) EXPIRATION OF AUTHORITY.—Authority for the pilot pro-
gram under this subsection expires on January 1, 2020. 
SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAY-
MENTS. 
(a) IN GENERAL.—Section 2307(b) of title 10, United States 
Code, is amended— 
22 USC 2762 
note. 
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130 STAT. 2283 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in the subsection heading, by inserting ‘‘PREFERENCE 
FOR’’ before ‘‘PERFORMANCE-BASED’’; 
(2) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(3) by striking ‘‘Wherever practicable, payment under sub-
section (a) shall be made’’ and inserting ‘‘(1) Whenever prac-
ticable, payments under subsection (a) shall be made using 
performance-based payments’’; and 
(4) by adding at the end the following new paragraphs: 
‘‘(2) Performance-based payments shall not be conditioned upon 
costs incurred in contract performance but on the achievement 
of performance outcomes listed in paragraph (1). 
‘‘(3) The Secretary of Defense shall ensure that nontraditional 
defense contractors and other private sector companies are eligible 
for performance-based payments, consistent with best commercial 
practices. 
‘‘(4)(A) In order to receive performance-based payments, a con-
tractor’s accounting system shall be in compliance with Generally 
Accepted Accounting Principles, and there shall be no requirement 
for a contractor to develop Government-unique accounting systems 
or practices as a prerequisite for agreeing to receive performance- 
based payments. 
‘‘(B) Nothing in this section shall be construed to grant the 
Defense Contract Audit Agency the authority to audit compliance 
with Generally Accepted Accounting Principles.’’. 
(b) REGULATIONS.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense shall revise 
the Department of Defense Federal Acquisition Regulation Supple-
ment to conform with section 2307(b) of title 10, United States 
Code, as amended by subsection (a). 
SEC. 832. CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS AND 
IMPROVE MISSION PERFORMANCE. 
Not later than 180 days after the date of the enactment of 
this Act, the Defense Acquisition University shall develop and 
implement a training program for Department of Defense acquisi-
tion personnel on fixed-priced incentive fee contracts, public-private 
partnerships, performance-based contracting, and other authorities 
in law and regulation designed to give incentives to contractors 
to achieve long-term savings and improve administrative practices 
and mission performance. 
SEC. 833. SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVI-
SIONS. 
(a) SUNSETS.— 
(1) PLANTATIONS
AND
FARMS: OPERATION, MAINTENANCE, 
AND IMPROVEMENT.—Section 2421 of title 10, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(e) SUNSET.—The authority under this section shall terminate 
on September 30, 2018.’’. 
(2) REQUIREMENT TO ESTABLISH COST, PERFORMANCE, AND 
SCHEDULE GOALS FOR MAJOR DEFENSE ACQUISITION PROGRAMS 
AND
EACH
PHASE
OF
RELATED
ACQUISITION
CYCLES.—Section 
2220 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(c) SUNSET.—The authority under this section shall terminate 
on September 30, 2018.’’. 
10 USC 1746 
note. 
10 USC 2307 
note. 
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130 STAT. 2284 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) REPEALS.— 
(1) LIMITATION ON USE OF OPERATION AND MAINTENANCE 
FUNDS FOR PURCHASE OF INVESTMENT ITEMS.— 
(A) IN
GENERAL.—Section 2245a of title 10, United 
States Code, is repealed. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter I of chapter 134 of such title 
is amended by striking the item relating to section 2245a. 
(C) CONFORMING
AMENDMENT.—Section 166a(e)(1)(A) 
of such title is amended by striking ‘‘the investment unit 
cost threshold in effect under section 2245a of this title’’ 
and inserting ‘‘$250,000’’. 
(2) INFORMATION TECHNOLOGY PURCHASES: TRACKING AND 
MANAGEMENT.— 
(A) IN
GENERAL.—Section 2225 of title 10, United 
States Code, is repealed. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 131 of such title is amended 
by striking the item relating to section 2225. 
(C) CONFORMING AMENDMENTS.— 
(i) Section 812 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (Public 
Law 106–393; 114 Stat. 1654A–213; 10 U.S.C. 2225 
note) is amended by striking subsections (b) and (c). 
(ii) Section 2330a(j) of title 10, United States Code, 
is amended— 
(I) by striking paragraph (2); 
(II) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (2), (3), and (4), respectively; 
and 
(III) by adding at the end the following new 
paragraphs: 
‘‘(5) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘sim-
plified acquisition threshold’ has the meaning given the term 
in section 134 of title 41. 
‘‘(6) SMALL BUSINESS ACT DEFINITIONS.— 
‘‘(A) The term ‘small business concern’ has the meaning 
given such term under section 3 of the Small Business 
Act (15 U.S.C. 632). 
‘‘(B) The terms ‘small business concern owned and 
controlled by socially and economically disadvantaged 
individuals’ and ‘small business concern owned and con-
trolled by women’ have the meanings given such terms, 
respectively, in section 8(d)(3) of the Small Business Act 
(15 U.S.C. 637(d)(3)).’’. 
(iii) Section 222(d) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 10 U.S.C. 2358 note) is amended by striking 
‘‘as defined in section 2225(f)(3)’’ and inserting ‘‘as 
defined in section 2330a(j)’’. 
(3) PROCUREMENT OF COPIER PAPER CONTAINING SPECIFIED 
PERCENTAGES OF POST-CONSUMER RECYCLED CONTENT.— 
(A) IN
GENERAL.—Section 2378 of title 10, United 
States Code, is repealed. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 140 of such title is amended 
by striking the item relating to section 2378. 
10 USC 2375 
prec. 
10 USC 2201 
prec. 
10 USC 2241 
prec. 
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130 STAT. 2285 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) LIMITATION ON PROCUREMENT OF TABLE AND KITCHEN 
EQUIPMENT FOR OFFICERS’ QUARTERS.— 
(A) IN
GENERAL.—Section 2387 of title 10, United 
States Code, is repealed. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 141 of such title is amended 
by striking the item relating to section 2387. 
(5) IMPLEMENTATION
OF
ELECTRONIC
COMMERCE
CAPA-
BILITY.— 
(A) REPEAL.— 
(i) Section 2302c of title 10, United States Code, 
is repealed. 
(ii) Section 2301 of title 41, United States Code, 
is amended by adding at the end the following new 
subsection: 
‘‘(f) INAPPLICABILITY TO DEPARTMENT OF DEFENSE.—In this sec-
tion, the term ‘executive agency’ does not include the Department 
of Defense.’’. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 137 of such title is amended 
by striking the item relating to section 2302c. 
SEC. 834. FLEXIBILITY IN CONTRACTING AWARD PROGRAM. 
(a) ESTABLISHMENT
OF AWARD PROGRAM.—The Secretary of 
Defense shall create an award to recognize those acquisition pro-
grams and professionals that make the best use of the flexibilities 
and authorities granted by the Federal Acquisition Regulation and 
Department of Defense Instruction 5000.02 (Operation of the 
Defense Acquisition System). 
(b) PURPOSE OF AWARD.—The award established under sub-
section (a) shall recognize outstanding performers whose approach 
to program management emphasizes innovation and local adapta-
tion, including the use of— 
(1) simplified acquisition procedures; 
(2) inherent flexibilities within the Federal Acquisition 
Regulation; 
(3) commercial contracting approaches; 
(4) public-private partnership agreements and practices; 
(5) cost-sharing arrangements; 
(6) innovative contractor incentive practices; and 
(7) other innovative implementations of acquisition flexibili-
ties. 
SEC. 835. PROTECTION OF TASK ORDER COMPETITION. 
(a) AMENDMENT TO VALUE OF AUTHORIZED TASK ORDER PRO-
TESTS.—Section 2304c(e)(1)(B) of title 10, United States Code, is 
amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 
(b) REPEAL OF EFFECTIVE DATE.—Section 4106(f) of title 41, 
United States Code, is amended by striking paragraph (3). 
SEC. 836. CONTRACT CLOSEOUT AUTHORITY. 
(a) AUTHORITY.—The Secretary of Defense may close out a 
contract or group of contracts as described in subsection (b) through 
the issuance of one or more modifications to such contracts without 
completing a reconciliation audit or other corrective action. To 
accomplish closeout of such contracts— 
(1) remaining contract balances may be offset with balances 
in other contract line items within a contract regardless of 
10 USC 2302 
note. 
10 USC 1701a 
note. 
10 USC 2301 
prec. 
10 USC 2381 
prec. 
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130 STAT. 2286 
PUBLIC LAW 114–328—DEC. 23, 2016 
the year or type of appropriation obligated to fund each contract 
line item and regardless of whether the appropriation for such 
contract line item has closed; and 
(2) remaining contract balances may be offset with balances 
on other contracts regardless of the year or type of appropria-
tion obligated to fund each contract and regardless of whether 
the appropriation has closed. 
(b) COVERED CONTRACTS.—This section covers any contract or 
group of contracts between the Department of Defense and a defense 
contractor, each one of which— 
(1) was entered into prior to fiscal year 2000; 
(2) has no further supplies or services deliverables due 
under the terms and conditions of the contract; and 
(3) is determined by the Secretary of Defense to be not 
otherwise reconcilable because— 
(A) the records have been destroyed or lost; or 
(B) the records are available but the Secretary of 
Defense has determined that the time or effort required 
to determine the exact amount owed to the United States 
Government or amount owed to the contractor is dispropor-
tionate to the amount at issue. 
(c) NEGOTIATED SETTLEMENT AUTHORITY.—Any contract or 
group of contracts covered by this section may be closed out through 
a negotiated settlement with the contractor. 
(d) WAIVER AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Defense is authorized 
to waive any provision of acquisition law or regulation to carry 
out the authority under subsection (a). 
(2) NOTIFICATION REQUIREMENT.—The Secretary of Defense 
shall notify the congressional defense committees not later than 
10 days after exercising the authority under subsection (d). 
The notice shall include an identification of each provision 
of law or regulation waived. 
(e) ADJUSTMENT
AND CLOSURE
OF RECORDS.—After closeout 
of any contract described in subsection (b) using the authority 
under this section, the payment or accounting offices concerned 
may adjust and close any open finance and accounting records 
relating to the contract. 
(f) NO LIABILITY.—No liability shall attach to any accounting, 
certifying, or payment official, or any contracting officer, for any 
adjustments or closeout made pursuant to the authority under 
this section. 
(g) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the administration of the authority under this sec-
tion. 
SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS. 
(a) AUTHORITY.—The Secretary of the Navy may close out con-
tracts described in subsection (b) through the issuance of one or 
more modifications to such contracts without completing further 
reconciliation audits or corrective actions other than those described 
in this section. To accomplish closeout of such contracts— 
(1) remaining contract balances may be offset with balances 
in other contract line items within a contract regardless of 
the year or type of appropriation obligated to fund each contract 
line item and regardless of whether the appropriation for such 
contract line item has closed; and 
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130 STAT. 2287 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) remaining contract balances may be offset with balances 
on other contracts regardless of the year or type of appropria-
tion obligated to fund each contract and regardless of whether 
the appropriation has closed. 
(b) CONTRACTS COVERED.—The contracts covered by this section 
are a group of contracts that are with one contractor and identified 
by the Secretary, each one of which is a contract— 
(1) to design, construct, repair, or support the construction 
or repair of Navy submarines that— 
(A) was entered into between fiscal years 1974 and 
1998; and 
(B) has no further supply or services deliverables due 
under the terms and conditions of the contract; 
(2) with respect to which the Secretary of the Navy has 
established the total final contract value; and 
(3) with respect to which the Secretary of the Navy has 
determined that the final allowable cost may have a negative 
or positive unliquidated obligation balance for which it would 
be difficult to determine the year or type of appropriation 
because— 
(A) the records for the contract have been destroyed 
or lost; or 
(B) the records for the contract are available but the 
contracting officer, in collaboration with the certifying offi-
cial, has determined that a discrepancy is of such a minimal 
value that the time and effort required to determine the 
cause of an out-of-balance condition is disproportionate to 
the amount of the discrepancy. 
(c) CLOSEOUT TERMS.—The contracts described in subsection 
(b) may be closed out— 
(1) upon receipt of $581,803 from the contractor to be 
deposited into the Treasury as miscellaneous receipts; 
(2) without seeking further amounts from the contractor; 
and 
(3) without payment to the contractor of any amounts 
that may be due under any such contracts. 
(d) WAIVER AUTHORITY.— 
(1) IN GENERAL.—The Secretary of the Navy is authorized 
to waive any provision of acquisition law or regulation to carry 
out the authority under subsection (a). 
(2) NOTIFICATION
REQUIREMENT.—The Secretary of the 
Navy shall notify the congressional defense committees not 
later than 10 days after exercising the authority under para-
graph (1). The notice shall include an identification of each 
provision of law or regulation waived. 
(e) ADJUSTMENT
AND CLOSURE
OF RECORDS.—After closeout 
of any contract described in subsection (b) using the authority 
under this section, the payment or accounting offices concerned 
may adjust and close any open finance and accounting records 
relating to the contract. 
(f) NO LIABILITY.—No liability shall attach to any accounting, 
certifying, or payment official or contracting officer for any adjust-
ments or closeout made pursuant to the authority under this section. 
(g) EXPIRATION OF AUTHORITY.—The authority under this sec-
tion shall expire upon receipt of the funds identified in subsection 
(c)(1). 
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130 STAT. 2288 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle D—Provisions Relating to Major 
Defense Acquisition Programs 
SEC. 841. CHANGE IN DATE OF SUBMISSION TO CONGRESS OF 
SELECTED ACQUISITION REPORTS. 
Section 2432(f) of title 10, United States Code, is amended 
by striking ‘‘45’’ the first place it occurs and inserting ‘‘30’’. 
SEC. 842. AMENDMENTS RELATING TO INDEPENDENT COST ESTI-
MATION AND COST ANALYSIS. 
(a) AMENDMENTS.—Section 2334 of title 10, United States Code, 
is amended— 
(1) in subsection (a)(3), by striking ‘‘selection of confidence 
levels’’ both places it appears and inserting ‘‘discussion of risk’’; 
(2) in subsection (a)(6)— 
(A) by inserting ‘‘or approve’’ after ‘‘conduct’’; 
(B) by striking ‘‘major defense acquisition programs’’ 
and all that follows through ‘‘Authority—’’ and inserting 
‘‘all major defense acquisition programs and major subpro-
grams—’’; and 
(C) in subparagraph (B), by striking ‘‘or upon the 
request’’ and all that follows through the semicolon at 
the end and inserting ‘‘, upon the request of the Under 
Secretary of Defense for Acquisition, Technology, and Logis-
tics, or upon the request of the milestone decision 
authority’’; 
(3) by redesignating subsections (b), (c), (d), (e), and (f) 
as subsections (c), (d), (e), (f), and (h), respectively; 
(4) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) 
INDEPENDENT
COST
ESTIMATE
REQUIRED
BEFORE 
APPROVAL.—(1) A milestone decision authority may not approve 
entering a milestone phase of a major defense acquisition program 
or major subprogram unless an independent cost estimate has been 
conducted or approved by the Director of Cost Assessment and 
Program Evaluation and considered by the milestone decision 
authority that— 
‘‘(A) for the technology maturation and risk reduction 
phase, includes the identification and sensitivity analysis of 
key cost drivers that may affect life-cycle costs of the program 
or subprogram; and 
‘‘(B) for the engineering and manufacturing development 
phase, or production and deployment phase, includes a cost 
estimate of the full life-cycle cost of the program or subprogram. 
‘‘(2) The regulations governing the content and submission of 
independent cost estimates required by subsection (a) shall require 
that the independent cost estimate of the full life-cycle cost of 
a program or subprogram include— 
‘‘(A) all costs of development, procurement, military 
construction, operations and support, and trained manpower 
to operate, maintain, and support the program or subprogram 
upon full operational deployment, without regard to funding 
source or management control; and 
‘‘(B) an analysis to support decisionmaking that identifies 
and evaluates alternative courses of action that may reduce 
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130 STAT. 2289 
PUBLIC LAW 114–328—DEC. 23, 2016 
cost and risk, and result in more affordable programs and 
less costly systems.’’; 
(5) in subsection (d), as so redesignated, in paragraph (3), 
by striking ‘‘confidence level’’ and inserting ‘‘discussion of risk’’; 
(6) in subsection (e), as so redesignated— 
(A) by amending the subsection heading to read as 
follows: ‘‘DISCUSSION OF RISK IN COST ESTIMATES.—’’; 
(B) by amending paragraph (1) to read as follows: 
‘‘(1) issue guidance requiring a discussion of risk, the poten-
tial impacts of risk on program costs, and approaches to miti-
gate risk in cost estimates for major defense acquisition pro-
grams and major subprograms;’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘such confidence level provides’’ and 
inserting ‘‘cost estimates are developed, to the extent 
practicable, based on historical actual cost information 
that is based on demonstrated contractor and Govern-
ment performance and that such estimates provide’’; 
and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’; and 
(D) in paragraph (3), by striking ‘‘disclosure required 
by paragraph (1)’’ and inserting ‘‘information required in 
the guidance under paragraph (1)’’; and 
(7) by inserting after subsection (f), as so redesignated, 
the following new subsection: 
‘‘(g) GUIDELINES
AND COLLECTION
OF COST DATA.—(1) The 
Director of Cost Assessment and Program Evaluation shall, in 
consultation with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, develop policies, procedures, guidance, 
and a collection method to ensure that quality acquisition cost 
data are collected to facilitate cost estimation and comparison across 
acquisition programs. 
‘‘(2) The program manager and contracting officer for each 
acquisition program in an amount greater than $100,000,000, in 
consultation with the cost estimating component of the relevant 
military department or Defense Agency, shall ensure that cost 
data are collected in accordance with the requirements of paragraph 
(1). 
‘‘(3) The requirement under paragraph (1) may be waived only 
by the Director of Cost Assessment and Program Evaluation.’’. 
(b) CONFORMING AMENDMENTS TO ADD SUBPROGRAMS.—Section 
2334 of such title is further amended— 
(1) in subsection (a)(2), by inserting ‘‘or major subprogram’’ 
before ‘‘under chapter 144’’; 
(2) in paragraphs (3), (4), and (5) of subsection (a) and 
in subsection (c)(1) (as redesignated by subsection (a) of this 
section), by striking ‘‘major defense acquisition programs and 
major automated information system programs’’ and inserting 
‘‘major defense acquisition programs and major subprograms’’ 
each place it appears; 
(3) in paragraphs (1) and (2) of subsection (d) (as so redesig-
nated), and in subsection (f)(4) (as so redesignated), by striking 
‘‘major defense acquisition program or major automated 
information system program’’ and inserting ‘‘major defense 
acquisition program or major subprogram’’ each place it 
appears; 
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130 STAT. 2290 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) in subsection (d)(4) (as so redesignated), by inserting 
before the period ‘‘or major subprogram’’; 
(5) in subsection (e)(3)(B) (as so redesignated), by inserting 
‘‘or major subprogram’’ after ‘‘major defense acquisition pro-
gram’’; and 
(6) in subsection (f)(3) (as so redesignated), by striking 
‘‘major defense acquisition program and major automated 
information system program’’ and inserting ‘‘major defense 
acquisition program and major subprogram’’. 
(c) REPEAL.—Chapter 144 of such title is amended— 
(1) by striking section 2434; and 
(2) in the table of sections at the beginning of such chapter, 
by striking the item relating to such section. 
SEC. 843. REVISIONS TO MILESTONE B DETERMINATIONS. 
Section 2366b(a)(3) of title 10, United States Code, is 
amended— 
(1) in subparagraph (B), by striking ‘‘acquisition cost in’’ 
and all that follows through the semicolon, and inserting ‘‘life- 
cycle cost;’’; and 
(2) in subparagraph (D), by striking ‘‘funding is’’ and all 
that follows through ‘‘made,’’ and inserting ‘‘funding is expected 
to be available to execute the product development and produc-
tion plan for the program,’’. 
SEC. 844. REVIEW AND REPORT ON SUSTAINMENT PLANNING IN THE 
ACQUISITION PROCESS. 
(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall 
conduct a review of the extent to which sustainment matters are 
considered in decisions related to the requirements, research and 
development, acquisition, cost estimating, and programming and 
budgeting processes for major defense acquisition programs. The 
review shall include the following: 
(1) A determination of whether information related to the 
operation and sustainment of major defense acquisition pro-
grams, including cost data and intellectual property require-
ments, is available to inform decisions made during those proc-
esses. 
(2) If such information exists, an evaluation of the complete-
ness, timeliness, quality, and suitability of the information 
for aiding in decisions made during those processes. 
(3) A determination of whether information related to the 
operation and sustainment of existing major weapon systems 
is used to forecast the operation and sustainment needs of 
major weapon systems proposed for or under development. 
(4) A description of the potential benefits from improved 
completeness, timeliness, quality, and suitability of data on 
operation and support costs and increased consideration of such 
data. 
(5) Recommendations for improving access to, analyses of, 
and consideration of operation and support cost data. 
(6) An assessment of product support strategies for major 
weapon systems required by section 2337 of title 10, United 
States Code, or other similar life-cycle sustainment strategies, 
including an evaluation of— 
(A) the stage at which such strategies are developed 
during the life of a major weapon system; 
10 USC 2430 
prec. 
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130 STAT. 2291 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) the content and completeness of such strategies, 
including whether such strategies address— 
(i) all aspects of total life-cycle management of 
a major weapon system, including product support, 
logistics, product support engineering, supply chain 
integration, maintenance, and software sustainment; 
and 
(ii) the capabilities, capacity, and resource con-
straints of the organic industrial base and the materiel 
commands of the military department concerned; 
(C) the extent to which such strategies or their ele-
ments are or should be incorporated into the acquisition 
strategy required by section 2431a of title 10, United States 
Code; 
(D) the extent to which such strategies influence the 
planning for major defense acquisition programs; and 
(E) the extent to which such strategies influence 
decisions related to the life-cycle management and product 
support of major weapon systems. 
(7) An assessment of how effectively the military depart-
ments consider sustainment matters at key decision points 
for acquisition and life-cycle management in accordance with 
the requirements of sections 2431a, 2366a, 2366b, and 2337 
of title 10, United States Code, and section 832 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 10 U.S.C. 2430 note). 
(8) Recommendations for improving the consideration of 
sustainment during the requirements, acquisition, cost esti-
mating, programming and budgeting processes. 
(9) An assessment of whether research and development 
efforts and adoption of commercial technologies is prioritized 
to reduce sustainment costs. 
(10) An assessment of whether alternate financing methods, 
including share-in-savings approaches, public-private partner-
ships, and energy savings performance contracts, could be used 
to encourage the development and adoption of technologies 
and practices that will reduce sustainment costs. 
(11) An assessment of private sector best practices in 
assessing and reducing sustainment costs for complex systems. 
(b) AGREEMENT WITH INDEPENDENT ENTITY.—Not later than 
60 days after the date of the enactment of this Act, the Secretary 
shall enter into an agreement with an independent entity with 
appropriate expertise to conduct the review required by subsection 
(a). The Secretary shall ensure that the independent entity has 
access to all data, information, and personnel required, and is 
funded, to satisfactorily complete the review required by subsection 
(a). The agreement also shall require the entity to provide to the 
Secretary a report on the findings of the entity. 
(c) BRIEFING.—Not later than April 1, 2017, the Secretary shall 
provide a briefing to the Committees on Armed Services of the 
Senate and House of Representatives on the preliminary findings 
of the independent entity. 
(d) SUBMISSION TO CONGRESS.—Not later than August 1, 2017, 
the Secretary shall submit to the congressional defense committees 
a copy of the report of the independent entity, along with comments 
on the report, proposed revisions or clarifications to laws related 
to lifecycle management or sustainment planning for major weapon 
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130 STAT. 2292 
PUBLIC LAW 114–328—DEC. 23, 2016 
systems, and a description of any actions the Secretary may take 
to revise or clarify regulations and practices related to life-cycle 
management or sustainment planning for major weapon systems. 
SEC. 845. REVISION TO DISTRIBUTION OF ANNUAL REPORT ON OPER-
ATIONAL TEST AND EVALUATION. 
Section 139(h) of title 10, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by inserting ‘‘the Secretaries of the military depart-
ments,’’ after ‘‘Logistics,’’; and 
(B) by striking ‘‘10 days’’ and all that follows through 
‘‘title 31’’ and inserting ‘‘January 31 of each year, through 
January 31, 2021’’; and 
(2) in paragraph (5), by inserting after ‘‘Secretary’’ the 
following: ‘‘of Defense and the Secretaries of the military depart-
ments’’. 
SEC. 846. REPEAL OF MAJOR AUTOMATED INFORMATION SYSTEMS 
PROVISIONS. 
Effective September 30, 2017— 
(1) chapter 144A of title 10, United States Code, is repealed; 
(2) the tables of chapters at the beginning of subtitle A 
of such title, and at the beginning of part IV of subtitle A, 
are amended by striking the item relating to chapter 144A; 
and 
(3) section 2334(a)(2) of title 10, United States Code, is 
amended by striking ‘‘or a major automated information system 
under chapter 144A of this title’’. 
SEC. 847. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISI-
TION PROGRAM. 
(a) IN GENERAL.—Section 2430 of title 10, United States Code, 
is amended in subsection (a)— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(2) by striking ‘‘In this chapter’’ and inserting ‘‘(1) Except 
as provided under paragraph (2), in this chapter’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2) In this chapter, the term ‘major defense acquisition pro-
gram’ does not include an acquisition program or project that is 
carried out using the rapid fielding or rapid prototyping acquisition 
pathway under section 804 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 
note).’’. 
(b) ANNUAL REPORTING.—The Secretary of Defense shall include 
in each comprehensive annual Selected Acquisition Report sub-
mitted under section 2432 of title 10, United States Code, a listing 
of all programs or projects being developed or procured under the 
exceptions to the definition of major defense acquisition program 
set forth in paragraph (2) of section 2430(a) of United States Code, 
as added by subsection (a)(1)(C) of this section. 
SEC. 848. ACQUISITION STRATEGY. 
Section 2431a of title 10, United States Code, is amended— 
(1) in subsection (b), by inserting ‘‘, or the milestone deci-
sion authority, when the milestone decision authority is the 
service acquisition executive of the military department that 
10 USC 2432 
note. 
10 USC 2445a 
prec., 
2445a–2445d. 
10 USC 101 
prec., 
2201 prec. 
10 USC 2334 
note. 
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130 STAT. 2293 
PUBLIC LAW 114–328—DEC. 23, 2016 
is managing the program,’’ after ‘‘the Under Secretary of 
Defense for Acquisition, Technology, and Logistics’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘, or the milestone 
decision authority, when the milestone decision authority 
is the service acquisition executive of the military depart-
ment that is managing the program,’’ after ‘‘the Under 
Secretary’’; and 
(B) in paragraph (2)(C), by striking ‘‘, in accordance 
with section 2431b of this title’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘(1) Subject to the 
authority, direction, and control of the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, the’’ 
and inserting ‘‘The’’; and 
(B) in paragraph (2), by inserting ‘‘because of a change 
described in paragraph (1)(F)’’ after ‘‘for a program or 
system’’. 
SEC. 849. IMPROVED LIFE-CYCLE COST CONTROL. 
(a) MODIFIED GUIDANCE FOR RAPID FIELDING PATHWAY.—Sec-
tion 804(c)(3) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended— 
(1) in subparagraph (C), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in subparagraph (D), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(E) a process for identifying and exploiting opportuni-
ties to use the rapid fielding pathway to reduce total owner-
ship costs.’’. 
(b) LIFE-CYCLE COST MANAGEMENT.—Section 805(2) of such 
Act (Public Law 114–92; 10 U.S.C. 2302 note) is amended by 
inserting ‘‘life-cycle cost management,’’ after ‘‘budgeting,’’. 
(c) SUSTAINMENT REVIEWS.— 
(1) IN GENERAL.—Chapter 144 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2441. Sustainment reviews 
‘‘(a) IN GENERAL.—The Secretary of each military department 
shall conduct a sustainment review of each major weapon system 
not later than five years after declaration of initial operational 
capability of a major defense acquisition program and throughout 
the life cycle of the weapon system to assess the product support 
strategy, performance, and operation and support costs of the 
weapon system. For any review after the first one, the Secretary 
concerned shall use availability and reliability thresholds and cost 
estimates as the basis for the circumstances that prompt such 
a review. The results of the sustainment review shall be documented 
in a memorandum by the relevant decision authority. 
‘‘(b) ELEMENTS.—At a minimum, the review required under 
subsection (a) shall include the following elements: 
‘‘(1) An independent cost estimate for the remainder of 
the life cycle of the program. 
‘‘(2) A comparison of actual costs to the amount of funds 
budgeted and appropriated in the previous five years, and 
10 USC 2441. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
if funding shortfalls exist, an explanation of the implications 
on equipment availability. 
‘‘(3) A comparison between the assumed and achieved 
system reliabilities. 
‘‘(4) An analysis of the most cost-effective source of repairs 
and maintenance. 
‘‘(5) An evaluation of the cost of consumables and depot- 
level repairables. 
‘‘(6) An evaluation of the costs of information technology, 
networks, computer hardware, and software maintenance and 
upgrades. 
‘‘(7) As applicable, an assessment of the actual fuel effi-
ciencies compared to the projected fuel efficiencies as dem-
onstrated in tests or operations. 
‘‘(8) As applicable, a comparison of actual manpower 
requirements to previous estimates. 
‘‘(9) An analysis of whether accurate and complete data 
are being reported in the cost systems of the military depart-
ment concerned, and if deficiencies exist, a plan to update 
the data and ensure accurate and complete data are submitted 
in the future. 
‘‘(c) COORDINATION.—The review required under subsection (a) 
shall be conducted in coordination with the requirements of section 
2337 of this title and section 832 of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 
note).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2441. Sustainment reviews.’’. 
(d) COMMERCIAL OPERATIONAL AND SUPPORT SAVINGS INITIA-
TIVE.— 
(1) IN GENERAL.—The Secretary of Defense may establish 
a commercial operational and support savings initiative to 
improve readiness and reduce operations and support costs 
by inserting existing commercial items or technology into mili-
tary legacy systems through the rapid development of proto-
types and fielding of production items based on current commer-
cial technology. 
(2) PROGRAM PRIORITY.—The commercial operational and 
support savings initiative shall fund programs that— 
(A) reduce the costs of owning and operating a military 
system, including the costs of personnel, consumables, 
goods and services, and sustaining the support and invest-
ment associated with the peacetime operation of a weapon 
system; 
(B) take advantage of the commercial sector’s techno-
logical innovations by inserting commercial technology into 
fielded weapon systems; and 
(C) emphasize prototyping and experimentation with 
new technologies and concepts of operations. 
(3) FUNDING PHASES.— 
(A) IN GENERAL.—Projects funded under the commer-
cial operational and support savings initiative shall consist 
of two phases, Phase I and Phase II. 
10 USC 2337 
note. 
10 USC 2430 
prec. 
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130 STAT. 2295 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) PHASE I.—(i) Funds made available during Phase 
I shall be used to perform the non-recurring engineering, 
testing, and qualification that are typically needed to adapt 
a commercial item or technology for use in a military 
system. 
(ii) Phase I shall include— 
(I) establishment of cost and performance metrics 
to evaluate project success; 
(II) establishment of a transition plan and agree-
ment with a military department or Defense Agency 
for adoption and sustainment of the technology or 
system; and 
(III) the development, fabrication, and delivery of 
a demonstrated prototype to a military department 
for installation into a fielded Department of Defense 
system. 
(iii) Programs shall be terminated if no agreement 
is established within two years of project initiation. 
(iv) The Office of the Secretary of Defense may provide 
up to 50 percent of Phase I funding for a project. The 
military department or Defense Agency concerned may pro-
vide the remainder of Phase I funding, which may be 
provided out of operation and maintenance funding. 
(v) Phase I funding shall not exceed three years. 
(vi) Phase I projects shall be selected based on a merit- 
based process using criteria to be established by the Sec-
retary of Defense. 
(C) PHASE II.—(i) Phase II shall include the purchase 
of limited production quantities of the prototype kits and 
transition 
to 
a 
program 
of 
record 
for 
continued 
sustainment. 
(ii) Phase II awards may be made without competition 
if general solicitation competitive procedures were used 
for the selection of parties for participation in a Phase 
I project. 
(iii) Phase II awards may be made as firm fixed-price 
awards. 
(4) TREATMENT AS COMPETITIVE PROCEDURES.—The use of 
a merit-based process for selection of projects under the 
commercial operational and support savings initiative shall be 
considered to be the use of competitive procedures for purposes 
of chapter 137 of title 10, United States Code. 
SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF 
ITEMS DELIVERED UNDER MAJOR DEFENSE ACQUISITION 
PROGRAMS AS MAJOR SUBPROGRAMS FOR PURPOSES OF 
ACQUISITION REPORTING. 
Section 2430a(1)(B) of title 10, United States Code, is amended 
by striking ‘‘major defense acquisition program to purchase sat-
ellites requires the delivery of satellites in two or more increments 
or blocks’’ and inserting ‘‘major defense acquisition program requires 
the delivery of two or more increments or blocks’’. 
SEC. 851. REPORTING OF SMALL BUSINESS PARTICIPATION ON 
DEPARTMENT OF DEFENSE PROGRAMS. 
(a) REPORT REQUIREMENT.—Not later than March 31 of each 
year, the Secretary of Defense shall submit to the congressional 
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130 STAT. 2296 
PUBLIC LAW 114–328—DEC. 23, 2016 
defense committees a report covering the following matters for 
the preceding fiscal year: 
(1) For each prime contract goal established by section 
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)), 
the total value and percentage of prime contracts awarded 
by the Department of Defense and attributed to each prime 
contract goal for prime contracts awarded for major defense 
acquisition programs. 
(2) For each subcontract goal established by section 
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)), 
the total value and percentage of first tier subcontract awards 
attributed to each subcontract goal for subcontracts awarded 
in support of prime contracts awarded by the Department of 
Defense for major defense acquisition programs. 
(3) For the prime contract and subcontract goals negotiated 
with the Department of Defense pursuant to section 15(g)(2) 
of the Small Business Act (15 U.S.C. 644(g)(2))— 
(A) the information reported by the Department of 
Defense to the Small Business Administration pursuant 
to section 15(h)(1) of the Small Business Act (15 U.S.C. 
644(h)(1)); and 
(B) the information required by subparagraph (A) cal-
culated after excluding— 
(i) contracts awarded pursuant to chapter 85 of 
title 41, United States Code (popularly referred to as 
the Javits-Wagner-O’Day Act); 
(ii) contracts awarded to the American Institute 
in Taiwan; 
(iii) contracts awarded and performed outside of 
the United States; 
(iv) acquisition on behalf of foreign governments, 
entities, or international organizations; and 
(v) contracts for major defense acquisition pro-
grams. 
(b) SUNSET.—The requirement to submit a report under sub-
section (a) shall not apply after the Secretary submits the report 
covering fiscal year 2020. 
SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISI-
TION OF TACTICAL MISSILES AND MUNITIONS GREATER 
THAN QUANTITY SPECIFIED IN LAW. 
Section 2308(c) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The head’’; 
(2) by inserting ‘‘, except as provided in paragraph (2),’’ 
after ‘‘but’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2) A notification is not required under paragraph (1) if the 
end item being acquired in a higher quantity is an end item under 
a tactical missile program or a munitions program.’’. 
SEC. 853. MULTIPLE PROGRAM MULTIYEAR CONTRACT PILOT DEM-
ONSTRATION PROGRAM. 
(a) AUTHORITY.—The Secretary of Defense may conduct a 
multiyear contract, over a period of up to four years, for the pur-
chase of units for multiple defense programs that are produced 
at common facilities at a high rate, and which maximize com-
monality, efficiencies, and quality, in order to provide maximum 
benefit to the Department of Defense. Contracts awarded under 
10 USC 2306b 
note. 
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130 STAT. 2297 
PUBLIC LAW 114–328—DEC. 23, 2016 
this section should allow for significant savings, as determined 
consistent with the authority under section 2306b of title 10, United 
States Code, to be achieved as compared to using separate annual 
contracts under individual programs to purchase such units, and 
may include flexible delivery across the overall period of perform-
ance. 
(b) SCOPE.—The contracts authorized in subsection (a) shall 
at a minimum provide for the acquisition of units from three discrete 
programs from two of the military departments. 
(c) DOCUMENTATION.—Each contract awarded under subsection 
(a) shall include the documentation required to be provided for 
a multiyear contract proposal under section 2306b(i) of title 10. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘high rate’’ means total annual production 
across the multiple defense programs of more than 200 end- 
items per year. 
(2) The term ‘‘common facilities’’ means production facilities 
operating within the same general and allowable rate structure. 
(e) SUNSET.—No new contracts may be awarded under the 
authority of this section after September 30, 2021. 
SEC. 854. KEY PERFORMANCE PARAMETER REDUCTION PILOT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Defense may carry out a 
pilot program under which the Secretary may identify at least 
one acquisition program in each military department for reduction 
of the total number of key performance parameters established 
for the program, for purposes of determining whether operational 
and programmatic outcomes of the program are improved by such 
reduction. 
(b) LIMITATION
ON
KEY
PERFORMANCE
PARAMETERS.—Any 
acquisition program identified for the pilot program carried out 
under subsection (a) shall establish no more than three key perform-
ance parameters, each of which shall describe a program-specific 
performance attribute. Any key performance parameters for such 
a program that are required by statute shall be treated as key 
system attributes. 
SEC. 855. MISSION INTEGRATION MANAGEMENT. 
(a) IN GENERAL.—The Secretary of Defense shall establish mis-
sion integration management activities for each mission area speci-
fied in subsection (b). 
(b) COVERED MISSION AREAS.—The mission areas specified in 
this subsection are mission areas that involve multiple Armed 
Forces and multiple programs and, at a minimum, include the 
following: 
(1) Close air support. 
(2) Air defense and offensive and defensive counter-air. 
(3) Interdiction. 
(4) Intelligence, surveillance, and reconnaissance. 
(5) Any other overlapping mission area of significance, as 
jointly designated by the Deputy Secretary of Defense and 
the Vice Chairman of the Joint Chiefs of Staff for purposes 
of this subsection. 
(c) QUALIFICATIONS.—Mission integration management activi-
ties shall be performed by qualified personnel from the acquisition 
and operational communities. 
10 USC 2358 
note. 
10 USC 2302 
note. 
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130 STAT. 2298 
PUBLIC LAW 114–328—DEC. 23, 2016 
(d) RESPONSIBILITIES.—The mission integration management 
activities for a mission area under this section shall include— 
(1) development of technical infrastructure for engineering, 
analysis, and test, including data, modeling, analytic tools, 
and simulations; 
(2) the conduct of tests, demonstrations, exercises, and 
focused experiments for compelling challenges and opportuni-
ties; 
(3) overseeing the implementation of section 2446c of title 
10, United States Code; 
(4) sponsoring and overseeing research on and development 
of (including tests and demonstrations) automated tools for 
composing systems of systems on demand; 
(5) developing mission-based inputs for the requirements 
process, assessment of concepts, prototypes, design options, 
budgeting and resource allocation, and program and portfolio 
management; and 
(6) coordinating with commanders of the combatant com-
mands on the development of concepts of operation and oper-
ational plans. 
(e) SCOPE.—The mission integration management activities for 
a mission area under this subsection shall extend to the supporting 
elements for the mission area, such as communications, command 
and control, electronic warfare, and intelligence. 
(f) FUNDING.—There is authorized to be made available 
annually such amounts as the Secretary of Defense determines 
appropriate from the Rapid Prototyping Fund established under 
section 804(d) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) for mission 
integration management activities listed in subsection (d). 
(g) STRATEGY.—The Secretary of Defense shall submit to the 
congressional defense committees, at the same time as the budget 
for the Department of Defense for fiscal year 2018 is submitted 
to Congress pursuant to section 1105 of title 31, United States 
Code, a strategy for mission integration management, including 
a resourcing strategy for mission integration managers to carry 
out the responsibilities specified in this section. 
Subtitle E—Provisions Relating to 
Acquisition Workforce 
SEC. 861. PROJECT MANAGEMENT. 
(a) DEPUTY DIRECTOR FOR MANAGEMENT.— 
(1) ADDITIONAL FUNCTIONS.—Section 503 of title 31, United 
States Code, is amended by adding at the end the following: 
‘‘(c) PROGRAM AND PROJECT MANAGEMENT.— 
‘‘(1) REQUIREMENT.—Subject to the direction and approval 
of the Director, the Deputy Director for Management or a 
designee shall— 
‘‘(A) adopt governmentwide standards, policies, and 
guidelines for program and project management for execu-
tive agencies; 
‘‘(B) oversee implementation of program and project 
management for the standards, policies, and guidelines 
established under subparagraph (A); 
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130 STAT. 2299 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) chair the Program Management Policy Council 
established under section 1126(b); 
‘‘(D) establish standards and policies for executive 
agencies, consistent with widely accepted standards for 
program and project management planning and delivery; 
‘‘(E) engage with the private sector to identify best 
practices in program and project management that would 
improve Federal program and project management; 
‘‘(F) conduct portfolio reviews to address programs 
identified as high risk by the Government Accountability 
Office; 
‘‘(G) not less than annually, conduct portfolio reviews 
of agency programs in coordination with Project Manage-
ment Improvement Officers designated under section 
1126(a)(1) to assess the quality and effectiveness of pro-
gram management; and 
‘‘(H) establish a 5-year strategic plan for program and 
project management. 
‘‘(2) APPLICATION TO DEPARTMENT OF DEFENSE.—Paragraph 
(1) shall not apply to the Department of Defense to the extent 
that the provisions of that paragraph are substantially similar 
to or duplicative of— 
‘‘(A) the provisions of chapter 87 of title 10; or 
‘‘(B) policy, guidance, or instruction of the Department 
related to program management.’’. 
(2) DEADLINE FOR STANDARDS, POLICIES, AND GUIDELINES.— 
Not later than 1 year after the date of enactment of this 
Act, the Deputy Director for Management of the Office of 
Management and Budget shall issue the standards, policies, 
and guidelines required under section 503(c) of title 31, United 
States Code, as added by paragraph (1). 
(3) REGULATIONS.—Not later than 90 days after the date 
on which the standards, policies, and guidelines are issued 
under paragraph (2), the Deputy Director for Management of 
the Office of Management and Budget, in consultation with 
the Program Management Policy Council established under 
section 1126(b) of title 31, United States Code, as added by 
subsection (b)(1), and the Director of the Office of Management 
and Budget, shall issue any regulations as are necessary to 
implement the requirements of section 503(c) of title 31, United 
States Code, as added by paragraph (1). 
(b) PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PRO-
GRAM MANAGEMENT POLICY COUNCIL.— 
(1) AMENDMENT.—Chapter 11 of title 31, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1126. Program Management Improvement Officers and 
Program Management Policy Council 
‘‘(a) PROGRAM MANAGEMENT IMPROVEMENT OFFICERS.— 
‘‘(1) DESIGNATION.—The head of each agency described in 
section 901(b) shall designate a senior executive of the agency 
as the Program Management Improvement Officer of the 
agency. 
‘‘(2) FUNCTIONS.—The Program Management Improvement 
Officer of an agency designated under paragraph (1) shall— 
‘‘(A) implement program management policies estab-
lished by the agency under section 503(c); and 
31 USC 503 note. 
31 USC 503 note. 
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130 STAT. 2300 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) develop a strategy for enhancing the role of pro-
gram managers within the agency that includes the fol-
lowing: 
‘‘(i) Enhanced training and educational opportuni-
ties for program managers that shall include— 
‘‘(I) training in the relevant competencies 
encompassed with program and project manager 
within the private sector for program managers; 
and 
‘‘(II) training that emphasizes cost contain-
ment for large projects and programs. 
‘‘(ii) Mentoring of current and future program man-
agers by experienced senior executives and program 
managers within the agency. 
‘‘(iii) Improved career paths and career opportuni-
ties for program managers. 
‘‘(iv) A plan to encourage the recruitment and 
retention of highly qualified individuals to serve as 
program managers. 
‘‘(v) Improved means of collecting and dissemi-
nating best practices and lessons learned to enhance 
program management across the agency. 
‘‘(vi) Common templates and tools to support 
improved data gathering and analysis for program 
management and oversight purposes. 
‘‘(3) APPLICATION TO DEPARTMENT OF DEFENSE.—This sub-
section shall not apply to the Department of Defense to the 
extent that the provisions of this subsection are substantially 
similar to or duplicative of the provisions of chapter 87 of 
title 10. For purposes of paragraph (1), the Under Secretary 
of Defense for Acquisition, Technology, and Logistics (or a des-
ignee of the Under Secretary) shall be considered the Program 
Management Improvement Officer. 
‘‘(b) PROGRAM MANAGEMENT POLICY COUNCIL.— 
‘‘(1) ESTABLISHMENT.—There is established in the Office 
of Management and Budget a council to be known as the 
‘Program Management Policy Council’ (in this subsection 
referred to as the ‘Council’). 
‘‘(2) PURPOSE AND FUNCTIONS.—The Council shall act as 
the principal interagency forum for improving agency practices 
related to program and project management. The Council 
shall— 
‘‘(A) advise and assist the Deputy Director for Manage-
ment of the Office of Management and Budget; 
‘‘(B) review programs identified as high risk by the 
Government Accountability Office and make recommenda-
tions for actions to be taken by the Deputy Director for 
Management of the Office of Management and Budget or 
a designee; 
‘‘(C) discuss topics of importance to the workforce, 
including— 
‘‘(i) career development and workforce development 
needs; 
‘‘(ii) policy to support continuous improvement in 
program and project management; and 
‘‘(iii) major challenges across agencies in managing 
programs; 
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130 STAT. 2301 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(D) advise on the development and applicability of 
standards governmentwide for program management trans-
parency; and 
‘‘(E) review the information published on the website 
of the Office of Management and Budget pursuant to sec-
tion 1122. 
‘‘(3) MEMBERSHIP.— 
‘‘(A) COMPOSITION.—The Council shall be composed of 
the following members: 
‘‘(i) Five members from the Office of Management 
and Budget as follows: 
‘‘(I) The Deputy Director for Management. 
‘‘(II) The Administrator of the Office of Elec-
tronic Government. 
‘‘(III) The Administrator of Federal Procure-
ment Policy. 
‘‘(IV) The Controller of the Office of Federal 
Financial Management. 
‘‘(V) The Director of the Office of Performance 
and Personnel Management. 
‘‘(ii) The Program Management Improvement 
Officer from each agency described in section 901(b). 
‘‘(iii) Any other full-time or permanent part-time 
officer or employee of the Federal Government or 
member of the Armed Forces designated by the Chair-
person. 
‘‘(B) CHAIRPERSON AND VICE CHAIRPERSON.— 
‘‘(i) IN GENERAL.—The Deputy Director for Manage-
ment of the Office of Management and Budget shall 
be the Chairperson of the Council. A Vice Chairperson 
shall be elected by the members and shall serve a 
term of not more than 1 year. 
‘‘(ii) DUTIES.—The Chairperson shall preside at the 
meetings of the Council, determine the agenda of the 
Council, direct the work of the Council, and establish 
and direct subgroups of the Council as appropriate. 
‘‘(4) MEETINGS.—The Council shall meet not less than twice 
per fiscal year and may meet at the call of the Chairperson 
or a majority of the members of the Council. 
‘‘(5) SUPPORT.—The head of each agency with a Project 
Management Improvement Officer serving on the Council shall 
provide administrative support to the Council, as appropriate, 
at the request of the Chairperson.’’. 
(2) REPORT REQUIRED.—Not later than 1 year after the 
date of the enactment of this Act, the Director of the Office 
of Management and Budget, in consultation with each Program 
Management Improvement Officer designated under section 
1126(a)(1) of title 31, United States Code, shall submit to 
Congress a report containing the strategy developed under sec-
tion 1126(a)(2)(B) of such title, as added by paragraph (1). 
(c) PROGRAM AND PROJECT MANAGEMENT PERSONNEL STAND-
ARDS.— 
(1) DEFINITION.—In this subsection, the term ‘‘agency’’ 
means each agency described in section 901(b) of title 31, United 
States Code, other than the Department of Defense. 
(2) REGULATIONS REQUIRED.—Not later than 180 days after 
the date on which the standards, policies, and guidelines are 
31 USC 1126 
note. 
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130 STAT. 2302 
PUBLIC LAW 114–328—DEC. 23, 2016 
issued under section 503(c) of title 31, United States Code, 
as added by subsection (a)(1), the Director of the Office of 
Personnel Management, in consultation with the Director of 
the Office of Management and Budget, shall issue regulations 
that— 
(A) identify key skills and competencies needed for 
a program and project manager in an agency; 
(B) establish a new job series, or update and improve 
an existing job series, for program and project management 
within an agency; and 
(C) establish a new career path for program and project 
managers within an agency. 
(d) GAO REPORT ON EFFECTIVENESS OF POLICIES ON PROGRAM 
AND PROJECT MANAGEMENT.—Not later than 3 years after the date 
of enactment of this Act, the Comptroller General of the United 
States shall issue, in conjunction with the high risk list of the 
Government Accountability Office, a report examining the effective-
ness of the following on improving Federal program and project 
management: 
(1) The standards, policies, and guidelines for program 
and project management issued under section 503(c) of title 
31, United States Code, as added by subsection (a)(1). 
(2) The 5-year strategic plan established under section 
503(c)(1)(H) of title 31, United States Code, as added by sub-
section (a)(1). 
(3) Program Management Improvement Officers designated 
under section 1126(a)(1) of title 31, United States Code, as 
added by subsection (b)(1). 
(4) The Program Management Policy Council established 
under section 1126(b)(1) of title 31, United States Code, as 
added by subsection (b)(1). 
SEC. 862. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PRO-
GRAM MANAGERS FOR PROGRAM DEFINITION AND PRO-
GRAM EXECUTION PERIODS. 
(a) PROGRAM
DEFINITION
PERIOD.—Section 826(e) of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92) is amended by striking ‘‘The Secretary may waive’’ 
and inserting ‘‘The service acquisition executive, in the case of 
a major defense acquisition program of a military department, 
or the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, in the case of a Defense-wide or Defense Agency 
major defense acquisition program, may waive’’. 
(b) PROGRAM
EXECUTION
PERIOD.—Section 827(e) of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92) is amended by striking ‘‘The immediate supervisor 
of a program manager for a major defense acquisition program 
may waive’’ and inserting ‘‘The service acquisition executive, in 
the case of a major defense acquisition program of a military depart-
ment, or the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, in the case of a Defense-wide or Defense Agency 
major defense acquisition program, may waive’’. 
SEC. 863. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE 
ACQUISITION WORKFORCE DEVELOPMENT FUND MAY BE 
USED; ADVISORY PANEL AMENDMENTS. 
(a) IN GENERAL.—Section 1705 of title 10, United States Code, 
is amended— 
10 USC 2430 
note. 
10 USC 2430 
note. 
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130 STAT. 2303 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in subsection (e)— 
(A) in paragraph (1), by inserting ‘‘and to develop 
acquisition 
tools 
and 
methodologies, 
and 
undertake 
research and development activities, leading to acquisition 
policies and practices that will improve the efficiency and 
effectiveness of defense acquisition efforts’’ after ‘‘workforce 
of the Department’’; and 
(B) in paragraph (4), by striking ‘‘other than for the 
purpose of’’ and all that follows through the period at 
the end and inserting ‘‘other than for the purposes of— 
‘‘(A) providing advanced training to Department of 
Defense employees; 
‘‘(B) developing acquisition tools and methodologies and 
performing research on acquisition policies and best prac-
tices that will improve the efficiency and effectiveness of 
defense acquisition efforts; and 
‘‘(C) supporting human capital and talent management 
of the acquisition workforce, including benchmarking 
studies, assessments, and requirements planning.’’; and 
(2) in subsection (f), by striking ‘‘Each report shall include’’ 
and all that follows through the period at the end of paragraph 
(5). 
(b) 
TECHNICAL
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (d)(2)(C), by striking ‘‘in each’’ and 
inserting ‘‘in such’’; 
(2) in subsection (f)— 
(A) by striking ‘‘Not later than 120 days after the 
end of each fiscal year’’ and inserting ‘‘Not later than 
February 1 each year’’; and 
(B) by striking ‘‘such fiscal year’’ the first place it 
appears and inserting ‘‘the preceding fiscal year’’; and 
(3) in subsection (g)(1)— 
(A) by striking ‘‘of of’’ and inserting ‘‘of’’; and 
(B) by striking ‘‘, as defined in subsection (h),’’. 
(c) LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PUR-
POSES.—Of the amounts authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017, not more than 
$35,000,000 may be obligated or expended for the purposes set 
forth in subparagraphs (B) and (C) of section 1705(e)(4) of title 
10, United States Code, as added by subsection (a). 
(d) AMENDMENTS TO ADVISORY PANEL ON STREAMLINING AND 
CODIFYING ACQUISITION REGULATIONS.—Section 809 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 889) is amended— 
(1) by amending subsection (a) to read as follows: 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
an independent advisory panel on streamlining acquisition regula-
tions. The panel shall be supported by the Defense Acquisition 
University and the National Defense University, including adminis-
trative support.’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘and analysis’’ and 
inserting ‘‘, analysis, and logistics support’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) AUTHORITIES.—The panel shall have the authorities 
provided in section 3161 of title 5, United States Code.’’. 
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130 STAT. 2304 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 864. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND DETERMINATION ADJUSTMENT. 
(a) CREDIT
TO RAPID PROTOTYPING FUND.—Notwithstanding 
section 1705(d)(2)(B) of title 10, United States Code, of the funds 
credited to the Department of Defense Acquisition Workforce 
Development Fund in fiscal year 2017 pursuant to such section, 
$225,000,000 shall be transferred to the Rapid Prototyping Fund 
established under section 804(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 
note). Of the $225,000,000 so transferred, $75,000,000 shall be 
credited to each of the military department-specific funds estab-
lished under section 804(d)(2) of such Act (as added by section 
897 of this Act). 
(b) 
TECHNICAL
AND
CONFORMING
AMENDMENTS.—Section 
804(d)(1) of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended— 
(1) in the first sentence, by inserting a comma after ‘‘may 
be available’’; 
(2) at the end of the first sentence, by inserting before 
the period the following: ‘‘and other purposes specified in law’’; 
and 
(3) in the last sentence, by striking ‘‘shall consist of’’ and 
all that follows through ‘‘this Act.’’ and inserting the following: 
‘‘shall consist of— 
‘‘(i) amounts appropriated to the Fund; 
‘‘(ii) amounts credited to the Fund pursuant to 
section 828 of this Act; and 
‘‘(iii) any other amounts appropriated to, credited 
to, or transferred to the Fund.’’. 
SEC. 865. LIMITATIONS ON FUNDS USED FOR STAFF AUGMENTATION 
CONTRACTS AT MANAGEMENT HEADQUARTERS OF THE 
DEPARTMENT OF DEFENSE AND THE MILITARY DEPART-
MENTS. 
(a) LIMITATIONS.— 
(1) FOR FISCAL YEARS 2017 AND 2018.—The total amount 
obligated by the Department of Defense for fiscal year 2017 
or 2018 for contract services for staff augmentation contracts 
at management headquarters of the Department and the mili-
tary departments may not exceed an amount equal to the 
aggregate amount expended by the Department for contract 
services for staff augmentation contracts at management head-
quarters of the Department and the military departments in 
fiscal year 2016 adjusted for net transfers from funding for 
overseas contingency operations (in this subsection referred 
to as the ‘‘fiscal year 2016 staff augmentation contracts funding 
amount’’). 
(2) FOR FISCAL YEARS 2018 THROUGH 2022.—The total amount 
obligated by the Department for any fiscal year after fiscal 
year 2018 and before fiscal year 2023 for contract services 
for staff augmentation contracts at management headquarters 
of the Department and the military departments may not 
exceed an amount equal to 75 percent of the fiscal year 2016 
staff augmentation contracts funding amount. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘contract services’’ has the meaning given 
that term in section 235 of title 10, United States Code. 
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130 STAT. 2305 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) The term ‘‘staff augmentation contracts’’ means services 
contracts for personnel who are physically present in a Govern-
ment work space on a full-time or permanent part-time basis, 
for the purpose of advising on, providing support to, or assisting 
a Government agency in the performance of the agency’s mis-
sions, including authorized personal services contracts (as that 
term is defined in section 2330a(g)(5) of title 10, United States 
Code). 
SEC. 866. SENIOR MILITARY ACQUISITION ADVISORS IN THE DEFENSE 
ACQUISITION CORPS. 
(a) POSITIONS.— 
(1) IN GENERAL.—Subchapter II of chapter 87 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 1725. Senior Military Acquisition Advisors 
‘‘(a) POSITION.— 
‘‘(1) IN GENERAL.—The Secretary of Defense may establish 
in the Defense Acquisition Corps a position to be known as 
‘Senior Military Acquisition Advisor’. 
‘‘(2) APPOINTMENT.—A Senior Military Acquisition Advisor 
shall be appointed by the President, by and with the advice 
and consent of the Senate. 
‘‘(3) SCOPE OF POSITION.—An officer who is appointed as 
a Senior Military Acquisition Advisor— 
‘‘(A) shall serve as an advisor to, and provide senior 
level acquisition expertise to, the service acquisition execu-
tive of that officer’s military department in accordance 
with this section; and 
‘‘(B) shall be assigned as an adjunct professor at the 
Defense Acquisition University. 
‘‘(b) CONTINUATION
ON
ACTIVE
DUTY.—An officer who is 
appointed as a Senior Military Acquisition Advisor may continue 
on active duty while serving in such position without regard to 
any mandatory retirement date that would otherwise be applicable 
to that officer by reason of years of service or age. An officer 
who is continued on active duty pursuant to this section is not 
eligible for consideration for selection for promotion. 
‘‘(c) RETIRED GRADE.—Upon retirement, an officer who is a 
Senior Military Acquisition Advisor may, in the discretion of the 
President, be retired in the grade of brigadier general or rear 
admiral (lower half) if— 
‘‘(1) the officer has served as a Senior Military Acquisition 
Advisor for a period of not less than three years; and 
‘‘(2) the officer’s service as a Senior Military Acquisition 
Advisor has been distinguished. 
‘‘(d) SELECTION AND TENURE.— 
‘‘(1) IN GENERAL.—Selection of an officer for recommenda-
tion for appointment as a Senior Military Acquisition Advisor 
shall be made competitively, and shall be based upon dem-
onstrated experience and expertise in acquisition. 
‘‘(2) OFFICERS ELIGIBLE.—Officers shall be selected for rec-
ommendation for appointment as Senior Military Acquisition 
Advisors from among officers of the Defense Acquisition Corps 
who are serving in the grade of colonel or, in the case of 
the Navy, captain, and who have at least 12 years of acquisition 
10 USC 1725. 
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130 STAT. 2306 
PUBLIC LAW 114–328—DEC. 23, 2016 
experience. An officer selected for recommendation for appoint-
ment as a Senior Military Acquisition Advisor shall have at 
least 30 years of active commissioned service at the time of 
appointment. 
‘‘(3) TERM.—The appointment of an officer as a Senior 
Military Acquisition Advisor shall be for a term of not longer 
than five years. 
‘‘(e) LIMITATION.— 
‘‘(1) LIMITATION ON NUMBER AND DISTRIBUTION.—There may 
not be more than 15 Senior Military Acquisition Advisors at 
any time, of whom— 
‘‘(A) not more than five may be officers of the Army; 
‘‘(B) not more than five may be officers of the Navy 
and Marine Corps; and 
‘‘(C) not more than five may be officers of the Air 
Force. 
‘‘(2) NUMBER IN EACH MILITARY DEPARTMENT.—Subject to 
paragraph (1), the number of Senior Military Acquisition 
Advisors for each military department shall be as required 
and identified by the service acquisition executive of such mili-
tary department and approved by the Under Secretary of 
Defense for Acquisition, Technology, and Logistics. 
‘‘(f) ADVICE TO SERVICE ACQUISITION EXECUTIVE.—An officer 
who is a Senior Military Acquisition Advisor shall have as the 
officer’s primary duty providing strategic, technical, and pro-
grammatic advice to the service acquisition executive of the officer’s 
military department on matters pertaining to the Defense Acquisi-
tion System, including matters pertaining to procurement, research 
and development, advanced technology, test and evaluation, produc-
tion, program management, systems engineering, and lifecycle logis-
tics.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter II of chapter 87 of such title is amended 
by adding at the end the following new item: 
‘‘1725. Senior Military Acquisition Advisors.’’. 
(b) EXCLUSION FROM OFFICER GRADE-STRENGTH LIMITATIONS.— 
Section 523(b) of such title is amended by adding at the end the 
following new paragraph: 
‘‘(9) Officers who are Senior Military Acquisition Advisors 
under section 1725 of this title, but not to exceed 15.’’. 
SEC. 867. AUTHORITY OF THE SECRETARY OF DEFENSE UNDER THE 
ACQUISITION DEMONSTRATION PROJECT. 
(a) AMENDMENT.—Section 1762(b) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(4) The Secretary of Defense shall exercise the authorities 
granted to the Office of Personnel Management under section 
4703 of title 5 for purposes of the demonstration project author-
ized under this section.’’. 
(b) EFFECTIVE DATE.—Paragraph (4) of section 1762(b) of title 
10, United States Code, as added by subsection (a), shall take 
effect on the first day of the first month beginning 60 days after 
the date of the enactment of this Act. 
10 USC 1762 
note. 
10 USC 1721 
prec. 
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130 STAT. 2307 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle F—Provisions Relating to 
Commercial Items 
SEC. 871. MARKET RESEARCH FOR DETERMINATION OF PRICE 
REASONABLENESS 
IN 
ACQUISITION 
OF 
COMMERCIAL 
ITEMS. 
Section 2377 of title 10, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (e), and 
in that subsection by striking ‘‘subsection (c)’’ and inserting 
‘‘subsections (c) and (d)’’; and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) MARKET RESEARCH FOR PRICE ANALYSIS.—The Secretary 
of Defense shall ensure that procurement officials in the Depart-
ment of Defense conduct or obtain market research to support 
the determination of the reasonableness of price for commercial 
items contained in any bid or offer submitted in response to an 
agency solicitation. To the extent necessary to support such market 
research, the procurement official for the solicitation— 
‘‘(1) in the case of items acquired under section 2379 of 
this title, shall use information submitted under subsection 
(d) of that section; and 
‘‘(2) in the case of other items, may require the offeror 
to submit relevant information.’’. 
SEC. 872. VALUE ANALYSIS FOR THE DETERMINATION OF PRICE 
REASONABLENESS. 
Subsection 2379(d) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) An offeror may submit information or analysis relating 
to the value of a commercial item to aid in the determination 
of the reasonableness of the price of such item. A contracting 
officer may consider such information or analysis in addition to 
the information submitted pursuant to paragraphs (1)(A) and 
(1)(B).’’. 
SEC. 873. CLARIFICATION OF REQUIREMENTS RELATING TO COMMER-
CIAL ITEM DETERMINATIONS. 
Paragraphs (1) and (2) of section 2380 of title 10, United 
States Code, are amended to read as follows: 
‘‘(1) establish and maintain a centralized capability with 
necessary expertise and resources to provide assistance to the 
military departments and Defense Agencies in making commer-
cial item determinations, conducting market research, and per-
forming analysis of price reasonableness for the purposes of 
procurements by the Department of Defense; and 
‘‘(2) provide to officials of the Department of Defense access 
to previous Department of Defense commercial item determina-
tions, market research, and analysis used to determine the 
reasonableness of price for the purposes of procurements by 
the Department of Defense.’’. 
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130 STAT. 2308 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO 
THE ACQUISITION OF COMMERCIAL ITEMS AND COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS. 
(a) AMENDMENT TO TITLE 10, UNITED STATES CODE.—Section 
2375 of title 10, United States Code, is amended to read as follows: 
‘‘§ 2375. Relationship of commercial item provisions to other 
provisions of law 
‘‘(a) APPLICABILITY OF GOVERNMENT-WIDE STATUTES.—(1) No 
contract for the procurement of a commercial item entered into 
by the head of an agency shall be subject to any law properly 
listed in the Federal Acquisition Regulation pursuant to section 
1906(b) of title 41. 
‘‘(2) No subcontract under a contract for the procurement of 
a commercial item entered into by the head of an agency shall 
be subject to any law properly listed in the Federal Acquisition 
Regulation pursuant to section 1906(c) of title 41. 
‘‘(3) No contract for the procurement of a commercially available 
off-the-shelf item entered into by the head of an agency shall 
be subject to any law properly listed in the Federal Acquisition 
Regulation pursuant to section 1907 of title 41. 
‘‘(b) APPLICABILITY
OF DEFENSE-UNIQUE STATUTES
TO CON-
TRACTS FOR COMMERCIAL ITEMS.—(1) The Defense Federal Acquisi-
tion Regulation Supplement shall include a list of defense-unique 
provisions of law and of contract clause requirements based on 
government-wide acquisition regulations, policies, or executive 
orders not expressly authorized in law that are inapplicable to 
contracts for the procurement of commercial items. A provision 
of law or contract clause requirement properly included on the 
list pursuant to paragraph (2) does not apply to purchases of 
commercial items by the Department of Defense. This section does 
not render a provision of law or contract clause requirement not 
included on the list inapplicable to contracts for the procurement 
of commercial items. 
‘‘(2) A provision of law or contract clause requirement described 
in subsection (e) that is enacted after January 1, 2015, shall be 
included on the list of inapplicable provisions of law and contract 
clause requirements required by paragraph (1) unless the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
makes a written determination that it would not be in the best 
interest of the Department of Defense to exempt contracts for 
the procurement of commercial items from the applicability of the 
provision or contract clause requirement. 
‘‘(c) APPLICABILITY
OF DEFENSE-UNIQUE STATUTES
TO SUB-
CONTRACTS
FOR COMMERCIAL ITEMS.—(1) The Defense Federal 
Acquisition Regulation Supplement shall include a list of provisions 
of law and of contract clause requirements based on government- 
wide acquisition regulations, policies, or executive orders not 
expressly authorized in law that are inapplicable to subcontracts 
under a Department of Defense contract or subcontract for the 
procurement of commercial items. A provision of law or contract 
clause requirement properly included on the list pursuant to para-
graph (2) does not apply to those subcontracts. This section does 
not render a provision of law or contract clause requirement not 
included on the list inapplicable to subcontracts under a contract 
for the procurement of commercial items. 
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130 STAT. 2309 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) A provision of law or contract clause requirement described 
in subsection (e) shall be included on the list of inapplicable provi-
sions of law and contract clause requirements required by para-
graph (1) unless the Under Secretary of Defense for Acquisition, 
Technology, and Logistics makes a written determination that it 
would not be in the best interest of the Department of Defense 
to exempt subcontracts under a contract for the procurement of 
commercial items from the applicability of the provision or contract 
clause requirement. 
‘‘(3) In this subsection, the term ‘subcontract’ includes a transfer 
of commercial items between divisions, subsidiaries, or affiliates 
of a contractor or subcontractor. The term does not include agree-
ments entered into by a contractor for the supply of commodities 
that are intended for use in the performance of multiple contracts 
with the Department of Defense and other parties and are not 
identifiable to any particular contract. 
‘‘(4) This subsection does not authorize the waiver of the 
applicability of any provision of law or contract clause requirement 
with respect to any first-tier subcontract under a contract with 
a prime contractor reselling or distributing commercial items of 
another contractor without adding value. 
‘‘(d) APPLICABILITY
OF DEFENSE-UNIQUE STATUTES
TO CON-
TRACTS
FOR COMMERCIALLY AVAILABLE, OFF-THE-SHELF ITEMS.— 
(1) The Defense Federal Acquisition Regulation Supplement shall 
include a list of provisions of law and of contract clause require-
ments based on government-wide acquisition regulations, policies, 
or executive orders not expressly authorized in law that are inappli-
cable to contracts for the procurement of commercially available 
off-the-shelf items. A provision of law or contract clause requirement 
properly included on the list pursuant to paragraph (2) does not 
apply to Department of Defense contracts for the procurement of 
commercially available off-the-shelf items. This section does not 
render a provision of law or contract clause requirement not 
included on the list inapplicable to contracts for the procurement 
of commercially available off-the-shelf items. 
‘‘(2) A provision of law or contract clause requirement described 
in subsection (e) shall be included on the list of inapplicable provi-
sions of law and contract clause requirements required by para-
graph (1) unless the Under Secretary of Defense for Acquisition, 
Technology, and Logistics makes a written determination that it 
would not be in the best interest of the Department of Defense 
to exempt contracts for the procurement of commercially available 
off-the-shelf items from the applicability of the provision or contract 
clause requirement. 
‘‘(e) COVERED
PROVISION
OF
LAW
OR
CONTRACT
CLAUSE 
REQUIREMENT.—A provision of law or contract clause requirement 
referred to in subsections (b)(2), (c)(2), and (d)(2) is a provision 
of law or contract clause requirement that the Under Secretary 
of Defense for Acquisition, Technology, and Logistics determines 
sets forth policies, procedures, requirements, or restrictions for the 
procurement of property or services by the Federal Government, 
except for a provision of law or contract clause requirement that— 
‘‘(1) provides for criminal or civil penalties; 
‘‘(2) requires that certain articles be bought from American 
sources pursuant to section 2533a of this title, or requires 
that strategic materials critical to national security be bought 
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130 STAT. 2310 
PUBLIC LAW 114–328—DEC. 23, 2016 
from American sources pursuant to section 2533b of this title; 
or 
‘‘(3) specifically refers to this section and provides that, 
notwithstanding this section, it shall be applicable to contracts 
for the procurement of commercial items.’’. 
(b) CHANGES TO DEFENSE FEDERAL ACQUISITION REGULATION 
SUPPLEMENT.— 
(1) IN GENERAL.—To the maximum extent practicable, the 
Under Secretary of Defense for Acquisition, Technology, and 
Logistics shall ensure that— 
(A) the Defense Federal Acquisition Regulation Supple-
ment does not require the inclusion of contract clauses 
in contracts for the procurement of commercial items or 
contracts for the procurement of commercially available 
off-the-shelf items, unless such clauses are— 
(i) required to implement provisions of law or 
executive orders applicable to such contracts; or 
(ii) determined to be consistent with standard 
commercial practice; and 
(B) the flow-down of contract clauses to subcontracts 
under contracts for the procurement of commercial items 
or commercially available off-the-shelf items is prohibited 
unless such flow-down is required to implement provisions 
of law or executive orders applicable to such subcontracts. 
(2) SUBCONTRACTS.—In this subsection, the term ‘‘sub-
contract’’ includes a transfer of commercial items between divi-
sions, subsidiaries, or affiliates of a contractor or subcontractor. 
The term does not include agreements entered into by a con-
tractor for the supply of commodities that are intended for 
use in the performance of multiple contracts with the Depart-
ment of Defense and other parties and are not identifiable 
to any particular contract. 
SEC. 875. USE OF COMMERCIAL OR NON-GOVERNMENT STANDARDS 
IN LIEU OF MILITARY SPECIFICATIONS AND STANDARDS. 
(a) IN GENERAL.—The Secretary of Defense shall ensure that 
the Department of Defense uses commercial or non-Government 
specifications and standards in lieu of military specifications and 
standards, including for procuring new systems, major modifica-
tions, upgrades to current systems, non-developmental and commer-
cial items, and programs in all acquisition categories, unless no 
practical alternative exists to meet user needs. If it is not practicable 
to use a commercial or non-Government standard, a Government- 
unique specification may be used. 
(b) LIMITED USE OF MILITARY SPECIFICATIONS.— 
(1) IN GENERAL.—Military specifications shall be used in 
procurements only to define an exact design solution when 
there is no acceptable commercial or non-Government standard 
or when the use of a commercial or non-Government standard 
is not cost effective. 
(2) WAIVER.—A waiver for the use of military specifications 
in accordance with paragraph (1) shall be approved by either 
the appropriate milestone decision authority, the appropriate 
service acquisition executive, or the Under Secretary of Defense 
for Acquisition, Technology, and Logistics. 
(c) REVISION TO DFARS.—Not later than 180 days after the 
date of the enactment of this Act, the Under Secretary of Defense 
10 USC 2305 
note. 
10 USC 2375 
note. 
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130 STAT. 2311 
PUBLIC LAW 114–328—DEC. 23, 2016 
for Acquisition, Technology, and Logistics shall revise the Defense 
Federal Acquisition Regulation Supplement to encourage contrac-
tors to propose commercial or non-Government standards and 
industry-wide practices that meet the intent of the military speci-
fications and standards. 
(d) DEVELOPMENT
OF
NON-GOVERNMENT
STANDARDS.—The 
Under Secretary for Acquisition, Technology, and Logistics shall 
form partnerships with appropriate industry associations to develop 
commercial or non-Government standards for replacement of mili-
tary specifications and standards where practicable. 
(e) EDUCATION, TRAINING, AND GUIDANCE.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logistics shall 
ensure that training, education, and guidance programs throughout 
the Department are revised to incorporate specifications and stand-
ards reform. 
(f) LICENSES.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall negotiate licenses for standards 
to be used across the Department of Defense and shall maintain 
an inventory of such licenses that is accessible to other Department 
of Defense organizations. 
SEC. 876. PREFERENCE FOR COMMERCIAL SERVICES. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall revise the guidance issued 
pursuant to section 855 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 
note) to provide that— 
(1) the head of an agency may not enter into a contract 
in excess of $10,000,000 for facilities-related services, knowl-
edge-based services (except engineering services), construction 
services, medical services, or transportation services that are 
not commercial services unless the service acquisition executive 
of the military department concerned, the head of the Defense 
Agency concerned, the commander of the combatant command 
concerned, or the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (as applicable) determines in writing 
that no commercial services are suitable to meet the agency’s 
needs as provided in section 2377(c)(2) of title 10, United States 
Code; and 
(2) the head of an agency may not enter into a contract 
in an amount above the simplified acquisition threshold and 
below $10,000,000 for facilities-related services, knowledge- 
based services (except engineering services), construction serv-
ices, medical services, or transportation services that are not 
commercial services unless the contracting officer determines 
in writing that no commercial services are suitable to meet 
the agency’s needs as provided in section 2377(c)(2) of such 
title. 
SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CON-
TRACTORS AS COMMERCIAL ITEMS. 
(a) IN GENERAL.—Chapter 140 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2380B. Treatment of commingled items purchased by con-
tractors as commercial items 
‘‘Notwithstanding 2376(1) of this title, items valued at less 
than $10,000 that are purchased by a contractor for use in the 
10 USC 2380B. 
10 USC 2377 
note. 
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130 STAT. 2312 
PUBLIC LAW 114–328—DEC. 23, 2016 
performance of multiple contracts with the Department of Defense 
and other parties and are not identifiable to any particular contract 
shall be treated as a commercial item for purposed of this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for such 
chapter is amended by inserting after the item relating to section 
2380A the following new item: 
‘‘2380B. Treatment of items purchased prior to release of prime contract requests 
for proposals as commercial items.’’. 
SEC. 878. TREATMENT OF SERVICES PROVIDED BY NONTRADITIONAL 
CONTRACTORS AS COMMERCIAL ITEMS. 
(a) IN GENERAL.—Section 2380A of title 10, United States Code, 
is amended— 
(1) by striking ‘‘Notwithstanding’’ and inserting the fol-
lowing: 
‘‘(a) GOODS
AND
SERVICES
PROVIDED
BY
NONTRADITIONAL 
DEFENSE CONTRACTORS.—Notwithstanding’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) SERVICES PROVIDED
BY CERTAIN NONTRADITIONAL CON-
TRACTORS.—Notwithstanding section 2376(1) of this title, services 
provided by a business unit that is a nontraditional defense con-
tractor (as that term is defined in section 2302(9) of this title) 
shall be treated as commercial items for purposes of this chapter, 
to the extent that such services use the same pool of employees 
as used for commercial customers and are priced using methodology 
similar to methodology used for commercial pricing.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) SECTION HEADING.—Section 2380A of title 10, United 
States Code, as amended by subsection (a), is further amended 
by striking the section heading and inserting the following: 
‘‘§ 2380a. Treatment of certain items as commercial items’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 140 of title 10, United States Code, is amended 
by striking the item relating to section 2380A and inserting 
the following new item: 
‘‘2380a. Treatment of certain items as commercial items.’’. 
SEC. 879. DEFENSE PILOT PROGRAM FOR AUTHORITY TO ACQUIRE 
INNOVATIVE COMMERCIAL ITEMS, TECHNOLOGIES, AND 
SERVICES USING GENERAL SOLICITATION COMPETITIVE 
PROCEDURES. 
(a) AUTHORITY.—The Secretary of Defense and the Secretaries 
of the military departments may carry out a pilot program, to 
be known as the ‘‘defense commercial solutions opening pilot pro-
gram’’, under which the Secretary may acquire innovative commer-
cial items, technologies, and services through a competitive selection 
of proposals resulting from a general solicitation and the peer 
review of such proposals. 
(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general 
solicitation competitive procedures for the pilot program under sub-
section (a) shall be considered to be use of competitive procedures 
for purposes of chapter 137 of title 10, United States Code. 
(c) LIMITATIONS.— 
(1) IN GENERAL.—The Secretary may not enter into a con-
tract or agreement under the pilot program for an amount 
in excess of $100,000,000 without a written determination from 
10 USC 2302 
note. 
10 USC 2375 
prec. 
10 USC 2375 
prec. 
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130 STAT. 2313 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Under Secretary for Acquisition, Logistics, and Technology 
or the relevant service acquisition executive of the efficacy 
of the effort to meet mission needs of the Department of Defense 
or the relevant military department. 
(2) FIXED-PRICE REQUIREMENT.—Contracts or agreements 
entered into under the program shall be fixed-price, including 
fixed-price incentive fee contracts. 
(3) TREATMENT AS COMMERCIAL ITEMS.—Notwithstanding 
section 2376(1) of title 10, United States Code, items, tech-
nologies, and services acquired under the pilot program shall 
be treated as commercial items. 
(d) GUIDANCE.—Not later than six months after the date of 
the enactment of this Act, the Secretary shall issue guidance for 
the implementation of the pilot program under this section within 
the Department of Defense. Such guidance shall be issued in con-
sultation with the Director of the Office of Management and Budget 
and shall be posted for access by the public. 
(e) CONGRESSIONAL NOTIFICATION REQUIRED.— 
(1) IN GENERAL.—Not later than 45 days after the award 
of a contract for an amount exceeding $100,000,000 using the 
authority in subsection (a), the Secretary of Defense shall notify 
the congressional defense committees of such award. 
(2) ELEMENTS.—Notice of an award under paragraph (1) 
shall include the following: 
(A) Description of the innovative commercial item, tech-
nology, or service acquired. 
(B) Description of the requirement, capability gap, or 
potential technological advancement with respect to which 
the innovative commercial item, technology, or service 
acquired provides a solution or a potential new capability. 
(C) Amount of the contract awarded. 
(D) Identification of contractor awarded the contract. 
(f) DEFINITION.—In this section, the term ‘‘innovative’’ means— 
(1) any technology, process, or method, including research 
and development, that is new as of the date of submission 
of a proposal; or 
(2) any application that is new as of the date of submission 
of a proposal of a technology, process, or method existing as 
of such date. 
(g) SUNSET.—The authority to enter into contracts under the 
pilot program shall expire on September 30, 2022. 
SEC. 880. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE 
COMMERCIAL 
ITEMS 
USING 
GENERAL 
SOLICITATION 
COMPETITIVE PROCEDURES. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The head of an agency may carry out 
a pilot program, to be known as a ‘‘commercial solutions opening 
pilot program’’, under which innovative commercial items may 
be acquired through a competitive selection of proposals 
resulting from a general solicitation and the peer review of 
such proposals. 
(2) HEAD OF AN AGENCY.—In this section, the term ‘‘head 
of an agency’’ means the following: 
(A) The Secretary of Homeland Security. 
(B) The Administrator of General Services. 
41 USC 3301 
note. 
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130 STAT. 2314 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) APPLICABILITY OF SECTION.—This section applies to the 
following agencies: 
(A) The Department of Homeland Security. 
(B) The General Services Administration. 
(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general 
solicitation competitive procedures for the pilot program under sub-
section (a) shall be considered, in the case of the Department 
of Homeland Security and the General Services Administration, 
to be use of competitive procedures for purposes of division C 
of title 41, United States Code (as defined in section 152 of such 
title). 
(c) LIMITATION.—The head of an agency may not enter into 
a contract under the pilot program for an amount in excess of 
$10,000,000. 
(d) GUIDANCE.—The head of an agency shall issue guidance 
for the implementation of the pilot program under this section 
within that agency. Such guidance shall be issued in consultation 
with the Office of Management and Budget and shall be posted 
for access by the public. 
(e) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than three years after the date 
of the enactment of this Act, the head of an agency shall 
submit to the congressional committees specified in paragraph 
(3) a report on the activities the agency carried out under 
the pilot program. 
(2) ELEMENTS OF REPORT.—Each report under this sub-
section shall include the following: 
(A) An assessment of the impact of the pilot program 
on competition. 
(B) A comparison of acquisition timelines for— 
(i) procurements made using the pilot program; 
and 
(ii) procurements made using other competitive 
procedures that do not use general solicitations. 
(C) A recommendation on whether the authority for 
the pilot program should be made permanent. 
(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congres-
sional committees specified in this paragraph are the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Government 
Reform of the House of Representatives. 
(f) INNOVATIVE DEFINED.—In this section, the term ‘‘innovative’’ 
means— 
(1) any new technology, process, or method, including 
research and development; or 
(2) any new application of an existing technology, process, 
or method. 
(g) TERMINATION.—The authority to enter into a contract under 
a pilot program under this section terminates on September 30, 
2022. 
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130 STAT. 2315 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle G—Industrial Base Matters 
SEC. 881. GREATER INTEGRATION OF THE NATIONAL TECHNOLOGY 
AND INDUSTRIAL BASE. 
(a) PLAN REQUIRED.—Not later than January 1, 2018, the Sec-
retary of Defense shall develop a plan to reduce the barriers to 
the seamless integration between the persons and organizations 
that comprise the national technology and industrial base (as 
defined in section 2500 of title 10, United States Code). The plan 
shall include at a minimum the following elements: 
(1) A description of the various components of the national 
technology and industrial base, including government entities, 
universities, nonprofit research entities, nontraditional and 
commercial item contractors, and private contractors that con-
duct commercial and military research, produce commercial 
items that could be used by the Department of Defense, and 
produce items designated and controlled under section 38 of 
the Arms Export Control Act (also known as the ‘‘United States 
Munitions List’’). 
(2) Identification of the barriers to the seamless integration 
of the transfer of knowledge, goods, and services among the 
persons and organizations of the national technology and indus-
trial base. 
(3) Identification of current authorities that could con-
tribute to further integration of the persons and organizations 
of the national technology and industrial base, and a plan 
to maximize the use of those authorities. 
(4) Identification of changes in export control rules, proce-
dures, and laws that would enhance the civil-military integra-
tion policy objectives set forth in section 2501(b) of title 10, 
United States Code, for the national technology and industrial 
base to increase the access of the Armed Forces to commercial 
products, services, and research and create incentives necessary 
for nontraditional and commercial item contractors, univer-
sities, and nonprofit research entities to modify commercial 
products or services to meet Department of Defense require-
ments. 
(5) Recommendations for increasing integration of the 
national technology and industrial base that supplies defense 
articles to the Armed Forces and enhancing allied interoper-
ability of forces through changes to the text or the implementa-
tion of— 
(A) section 126.5 of title 22, Code of Federal Regula-
tions (relating to exemptions that are applicable to Canada 
under the International Traffic in Arms Regulations); 
(B) the Treaty Between the Government of the United 
States of America and the Government of Australia Con-
cerning Defense Trade Cooperation, done at Sydney on 
September 5, 2007; 
(C) the Treaty Between the Government of the United 
States of America and the Government of the United 
Kingdom of Great Britain and Northern Ireland Concerning 
Defense Trade Cooperation, done at Washington and 
London on June 21 and 26, 2007; and 
(D) any other agreements among the countries com-
prising the national technology and industrial base. 
10 USC 2501 
note. 
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130 STAT. 2316 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) AMENDMENT TO DEFINITION OF NATIONAL TECHNOLOGY AND 
INDUSTRIAL BASE.—Section 2500(1) of title 10, United States Code, 
is amended by inserting ‘‘, the United Kingdom of Great Britain 
and Northern Ireland, Australia,’’ after ‘‘United States’’. 
(c) REPORTING REQUIREMENT.—The Secretary of Defense shall 
report on the progress of implementing the plan in subsection 
(a) in the report required under section 2504 of title 10, United 
States Code. 
SEC. 882. INTEGRATION OF CIVIL AND MILITARY ROLES IN ATTAINING 
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE OBJEC-
TIVES. 
Section 2501(b) of title 10, United States Code, is amended 
by striking ‘‘It is the policy of Congress that the United States 
attain’’ and inserting ‘‘The Secretary of Defense shall ensure that 
the United States attains’’. 
SEC. 883. PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERV-
ICES FOR WEAPON SYSTEMS CONTRACTORS. 
(a) AUTHORITY.—The Secretary of Defense may carry out a 
six-year pilot program under which the Secretary may make avail-
able storage and distribution services support to a contractor in 
support of the performance by the contractor of a contract for 
the production, modification, maintenance, or repair of a weapon 
system that is entered into by the Department of Defense. 
(b) SUPPORT CONTRACTS.— 
(1) IN GENERAL.—Any storage and distribution services to 
be provided under the pilot program under this section to 
a contractor in support of the performance of a contract 
described in subsection (a) shall be provided under a separate 
contract that is entered into by the Director of the Defense 
Logistics Agency with that contractor. The requirements of 
section 2208(h) of title 10, United States Code, and the regula-
tions prescribed pursuant to such section shall apply to any 
such separate support contract between the Director of the 
Defense Logistics Agency and the contractor. 
(2) LIMITATION.—Not more than five support contracts 
between the Director and the contractor may be awarded under 
the pilot program. 
(c) SCOPE OF SUPPORT AND SERVICES.—The storage and dis-
tribution support services that may be provided under this section 
in support of the performance of a contract described in subsection 
(a) are storage and distribution of materiel and repair parts nec-
essary for the performance of that contract. 
(d) REGULATIONS.—Before exercising the authority under the 
pilot program under this section, the Secretary of Defense shall 
prescribe in regulations such requirements, conditions, and restric-
tions as the Secretary determines appropriate to ensure that storage 
and distribution services are provided under the pilot program 
only when it is in the best interests of the United States to do 
so. The regulations shall include, at a minimum, the following: 
(1) A requirement for the solicitation of offers for a contract 
described in subsection (a), for which storage and distribution 
services are to be made available under the pilot program, 
including— 
(A) a statement that the storage and distribution serv-
ices are to be made available under the authority of the 
pilot program under this section to any contractor awarded 
10 USC 2302 
note. 
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130 STAT. 2317 
PUBLIC LAW 114–328—DEC. 23, 2016 
the contract, but only on a basis that does not require 
acceptance of the support and services; and 
(B) a description of the range of the storage and dis-
tribution services that are to be made available to the 
contractor. 
(2) A requirement for the rates charged a contractor for 
storage and distribution services provided to a contractor under 
the pilot program to reflect the full cost to the United States 
of the resources used in providing the support and services, 
including the costs of resources used, but not paid for, by 
the Department of Defense. 
(3) With respect to a contract described in subsection (a) 
that is being performed for a department or agency outside 
the Department of Defense, a prohibition, in accordance with 
applicable contracting procedures, on the imposition of any 
charge on that department or agency for any effort of Depart-
ment of Defense personnel or the contractor to correct defi-
ciencies in the performance of such contract. 
(4) A prohibition on the imposition of any charge on a 
contractor for any effort of the contractor to correct a deficiency 
in the performance of storage and distribution services provided 
to the contractor under this section. 
(5) A requirement that storage and distribution services 
provided under the pilot program may not interfere with the 
mission of the Defense Logistics Agency or of any military 
department involved with the pilot program. 
(6) A requirement that any support contract for storage 
and distribution services entered into under the pilot program 
shall include a clause to indemnify the Government against 
any failure by the contractor to perform the support contract, 
and to remain responsible for performance of the primary con-
tract. 
(e) RELATIONSHIP
TO TREATY OBLIGATIONS.—The Secretary 
shall ensure that the exercise of authority under the pilot program 
under this section does not conflict with any obligation of the 
United States under any treaty or other international agreement. 
(f) REPORTS.— 
(1) SECRETARY OF DEFENSE.—Not later than the end of 
the fourth year of operation of the pilot program, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report 
describing— 
(A) the cost effectiveness for both the Government and 
industry of the pilot program; and 
(B) how support contracts under the pilot program 
affected meeting the requirements of primary contracts. 
(2) COMPTROLLER
GENERAL.—Not later than the end of 
the fifth year of operation of the pilot program, the Comptroller 
General of the United States shall review the report of the 
Secretary under paragraph (1) for sufficiency and provide such 
recommendations in a report to the Committees on Armed 
Services of the Senate and House of Representatives as the 
Comptroller General considers appropriate. 
(g) SUNSET.—The authority to enter into contracts under the 
pilot program shall expire six years after the date of the enactment 
of this Act. Any contracts entered into before such date shall con-
tinue in effect according to their terms. 
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130 STAT. 2318 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 884. NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION 
PROTOTYPING PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall conduct a 
pilot program for nontraditional defense contractors and small busi-
ness concerns to design, develop, and demonstrate innovative proto-
type military platforms of significant scope for the purpose of dem-
onstrating new capabilities that could provide alternatives to 
existing acquisition programs and assets. The Secretary shall estab-
lish the pilot program within the Departments of the Army, Navy, 
and Air Force, the Missile Defense Agency, and the United States 
Special Operations Command. 
(b) FUNDING.—There is authorized to be made available 
$250,000,000 from the Rapid Prototyping Fund established under 
section 804(d) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) to carry 
out the pilot program. 
(c) PLAN.— 
(1) IN GENERAL.—The Secretary of Defense shall submit 
to the congressional defense committees, concurrent with the 
budget for the Department of Defense for fiscal year 2018, 
as submitted to Congress pursuant to section 1105 of title 
31, United States Code, a plan to fund and carry out the 
pilot program in future years. 
(2) ELEMENTS.—The plan submitted under paragraph (1) 
shall consider maximizing use of— 
(A) broad agency announcements or other merit-based 
selection procedures; 
(B) the Department of Defense Acquisition Challenge 
Program authorized under section 2359b of title 10, United 
States Code; 
(C) the foreign comparative test program; 
(D) projects carried out under the Rapid Innovation 
Program of the Department of Defense or pursuant to 
a Phase III agreement (as defined in section 9(r)(2) of 
the Small Business Act (15 U.S.C. 638(r)(2))); and 
(E) streamlined procedures for acquisition provided 
under section 804 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 
2302 note) and procedures for alternative acquisition path-
ways established under section 805 of such Act (10 U.S.C. 
2302 note). 
(d) PROGRAMS TO BE INCLUDED.—As part of the pilot program, 
the Secretary of Defense shall allocate up to $50,000,000 on a 
fixed price contractual basis for fiscal year 2017 or pursuant to 
the plan submitted under subsection (c) for demonstrations of the 
following capabilities: 
(1) Swarming of multiple unmanned air vehicles. 
(2) Unmanned, modular fixed-wing aircraft that can be 
rapidly adapted to multiple missions and serve as a fifth 
generation weapons augmentation platform. 
(3) Vertical takeoff and landing tiltrotor aircraft. 
(4) Integration of a directed energy weapon on an air, 
sea, or ground platform. 
(5) Swarming of multiple unmanned underwater vehicles. 
(6) Commercial small synthetic aperture radar (SAR) sat-
ellites with on-board machine learning for automated, real- 
time feature extraction and predictive analytics. 
10 USC 2302 
note. 
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130 STAT. 2319 
PUBLIC LAW 114–328—DEC. 23, 2016 
(7) Active protection system to defend against rocket-pro-
pelled grenades and anti-tank missiles. 
(8) Defense against hypersonic weapons, including sensors. 
(9) Other systems as designated by the Secretary. 
(e) DEFINITIONS.—In this section: 
(1) NONTRADITIONAL
DEFENSE
CONTRACTOR.—The term 
‘‘nontraditional defense contractor’’ has the meaning given the 
term in section 2302(9) of title 10, United States Code. 
(2) SMALL BUSINESS CONCERN.—The term ‘‘small business 
concern’’ has the meaning given the term in section 3 of the 
Small Business Act (15 U.S.C. 632). 
(f) SUNSET.—The authority under this section expires at the 
close of September 30, 2026. 
Subtitle H—Other Matters 
SEC. 885. REPORT ON BID PROTESTS. 
(a) REPORT REQUIRED.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall enter 
into a contract with an independent research entity that is a not- 
for-profit entity or a federally funded research and development 
center with appropriate expertise and analytical capability to carry 
out a comprehensive study on the prevalence and impact of bid 
protests on Department of Defense acquisitions, including protests 
filed with contracting agencies, the Government Accountability 
Office, and the Court of Federal Claims. 
(b) ELEMENTS.—The report required by subsection (a) shall 
cover Department of Defense contracts and include, at a minimum, 
the following elements: 
(1) For employees of the Department, including the con-
tracting officers, program executive officers, and program man-
agers, the extent and manner in which the bid protest system 
affects or is perceived to affect— 
(A) the development of a procurement to avoid protests 
rather than improve acquisition; 
(B) the quality or quantity of pre-proposal discussions, 
discussions of proposals, or post-award debriefings; 
(C) the decision to use lowest price technically accept-
able procurement methods; 
(D) the decision to make multiple awards or encourage 
teaming; 
(E) the ability to meet an operational or mission need 
or address important requirements; 
(F) the decision to use sole source award methods; 
and 
(G) the decision to exercise options on existing con-
tracts. 
(2) With respect to a company bidding on contracts or 
task or delivery orders, the extent and manner in which the 
bid protest system affects or is perceived to affect— 
(A) the decision to offer a bid or proposal on single 
award or multiple award contracts when the company is 
the incumbent contractor; 
(B) the decision to offer a bid or proposal on single 
award or multiple award contracts when the company is 
not the incumbent contractor; 
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130 STAT. 2320 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) the ability to engage in pre-proposal discussions, 
discussions of proposals, or post -award debriefings; 
(D) the decision to participate in a team or joint ven-
ture; and 
(E) the decision to file a protest with the agency con-
cerned, the Government Accountability Office, or the Court 
of Federal Claims. 
(3) A description of trends in the number of bid protests 
filed with agencies, the Government Accountability Office, and 
Federal courts, the effectiveness of each forum for contracts 
and task or delivery orders, and the rate of such bid protests 
compared to contract obligations and the number of contracts. 
(4) An analysis of bid protests filed by incumbent contrac-
tors, including— 
(A) the rate at which such protesters are awarded 
bridge contracts or contract extensions over the period that 
the protest remains unresolved; and 
(B) an assessment of the cost and schedule impact 
of successful and unsuccessful bid protests filed by incum-
bent contractors on contracts for services with a value 
in excess of $100,000,000. 
(5) A comparison of the number of protests, the values 
of contested orders or contracts, and the outcome of protests 
for— 
(A) awards of contracts compared to awards of task 
or delivery orders; 
(B) contracts or orders primarily for products, com-
pared to contracts or orders primarily for services; 
(C) protests filed pre-award to challenge the solicitation 
compared to those filed post-award; 
(D) contracts or awards with single protestors com-
pared to multiple protestors; and 
(E) contracts with single awards compared to multiple 
award contracts. 
(6) An analysis of the number and disposition of protests 
filed with the contracting agency. 
(7) A description of trends in the number of bid protests 
filed as a percentage of contracts and as a percentage of task 
or delivery orders awarded during the same period of time, 
overall and set forth separately by the value of the contract 
or order, as follows: 
(A) Contracts valued in excess of $3,000,000,000. 
(B) Contracts valued between $500,000,000 and 
$3,000,000,000. 
(C) 
Contracts 
valued 
between 
$50,000,000 
and 
$500,000,000. 
(D) 
Contracts 
valued 
between 
$10,000,000 
and 
$50,000,000. 
(E) Contracts valued under $10,000,000. 
(8) An assessment of the cost and schedule impact of 
successful and unsuccessful bid protests filed on contracts val-
ued in excess of $3,000,000,000. 
(9) An analysis of how often protestors are awarded the 
contract that was the subject of the bid protest. 
(10) A summary of the results of protests in which the 
contracting 
agencies 
took 
unilateral 
corrective 
action, 
including— 
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130 STAT. 2321 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) at what point in the bid protest process the agency 
agreed to take corrective action; 
(B) the average time for remedial action to be com-
pleted; and 
(C) a determination regarding— 
(i) whether or to what extent the decision to take 
the corrective action was a result of a determination 
by the agency that there had been a probable violation 
of law or regulation; or 
(ii) whether or to what extent such corrective 
action was a result of some other factor. 
(11) A description of the time it takes agencies to implement 
corrective actions after a ruling or decision, and the percentage 
of those corrective actions that are subsequently protested, 
including the outcome of any subsequent protest. 
(12) An analysis of those contracts with respect to which 
a company files a protest (referred to as the ‘‘initial protest’’) 
and later files another protest (referred to as the ‘‘subsequent 
protest’’), analyzed by the forum of the initial protest and 
the subsequent protest, including any difference in the outcome, 
between the forums. 
(13) An analysis of the effect of the quantity and quality 
of debriefings on the frequency of bid protests. 
(14) An analysis of the time spent at each phase of the 
procurement 
process 
attempting 
to 
prevent 
a 
protest, 
addressing a protest, or taking corrective action in response 
to a protest, including the efficacy of any actions attempted 
to prevent the occurrence of a protest. 
(c) BRIEFING.—Not later than March 1, 2017, the Secretary, 
or his designee, shall brief the Committees on Armed Services 
of the Senate and House of Representatives on interim findings 
of the independent entity. 
(d) REPORT.—Not later than one year after the date of the 
enactment of this Act, the independent entity that conducts the 
study under subsection (a) shall provide to the Secretary of Defense 
and the congressional defense committees a report on the results 
of the study, along with any related recommendations. 
SEC. 886. REVIEW AND REPORT ON INDEFINITE DELIVERY CON-
TRACTS. 
(a) REPORT.—The Comptroller General of the United States 
shall deliver, not later than March 31, 2018, a report to Congress 
on the use by the Department of Defense of indefinite delivery 
contracts entered into during fiscal years 2015, 2016, and 2017. 
(b) ELEMENTS.—The report under subsection (a) shall address, 
at a minimum, the following: 
(1) A review of Department of Defense policies for entering 
into and using indefinite delivery contracts, including require-
ments for competition, as well as the guidance, if any, on 
the appropriate number of vendors that should receive multiple 
award indefinite delivery contracts. 
(2) The number and value of all indefinite delivery contracts 
entered into by the Department of Defense, including the 
number and value of such contracts entered into with a single 
vendor. 
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130 STAT. 2322 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) An assessment of the number and value of indefinite 
delivery contracts entered into by the Department of Defense 
that included competition between multiple vendors. 
(4) Selected case studies of indefinite delivery contracts, 
including an assessment of whether any such contracts may 
have limited future opportunities for competition for the serv-
ices or items required. 
(5) Recommendations for potential changes to current law 
or Department of Defense acquisition regulations or guidance 
to promote competition with respect to indefinite delivery con-
tracts. 
SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVI-
SIONS. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 
a review of contractual flow-down provisions related to major 
defense acquisition programs on contractors and suppliers, including 
small businesses, contractors for commercial items, nontraditional 
defense contractors, universities, and not-for-profit research institu-
tions. The review shall— 
(1) identify the flow-down provisions that exist in the Fed-
eral Acquisition Regulation and the Defense Federal Acquisition 
Regulation Supplement; 
(2) identify the flow-down provisions that are critical for 
national security; 
(3) examine the extent to which clauses in contracts with 
the Department of Defense are being applied inappropriately 
in subcontracts under the contracts; 
(4) assess the applicability of flow-down provisions for the 
purchase of commodity items that are acquired in bulk for 
multiple acquisition programs; 
(5) determine the unnecessary costs or burdens, if any, 
of flow-down provisions on the supply chain; 
(6) determine the effect, if any, of flow-down provisions 
on the participation rate of small businesses, contractors for 
commercial items, nontraditional defense contractors, univer-
sities, and not-for-profit research organizations in defense 
acquisition efforts; and 
(7) determine the effect, if any, of flow-down provisions 
on Department of Defense access to advanced research and 
technology capabilities available in the private sector. 
(b) CONTRACT.—Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall enter into 
a contract with an independent entity with appropriate expertise 
to conduct the review required by subsection (a). 
(c) REPORT.—Not later than August 1, 2017, the Secretary 
shall submit to the congressional defense committees a report on 
the findings of the independent entity, along with a description 
of any actions that the Secretary proposes to address the findings 
of the independent entity. 
SEC. 888. REQUIREMENT AND REVIEW RELATING TO USE OF BRAND 
NAMES OR BRAND-NAME OR EQUIVALENT DESCRIPTIONS 
IN SOLICITATIONS. 
(a) REQUIREMENT.—The Secretary of Defense shall ensure that 
competition in Department of Defense contracts is not limited 
10 USC 2305 
note. 
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130 STAT. 2323 
PUBLIC LAW 114–328—DEC. 23, 2016 
through the use of specifying brand names or brand-name or equiva-
lent descriptions, or proprietary specifications or standards, in solici-
tations unless a justification for such specification is provided and 
approved in accordance with section 2304(f) of title 10, United 
States Code. 
(b) REVIEW OF ANTI-COMPETITIVE SPECIFICATIONS IN INFORMA-
TION TECHNOLOGY ACQUISITIONS.— 
(1) REVIEW REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall conduct 
a review of the policy, guidance, regulations, and training 
related to specifications included in information technology 
acquisitions to ensure current policies eliminate the unjustified 
use of potentially anti-competitive specifications. In conducting 
the review, the Under Secretary shall examine the use of brand 
names or proprietary specifications or standards in solicitations 
for procurements of goods and services, as well as the current 
acquisition training curriculum related to those areas. 
(2) BRIEFING REQUIRED.—Not later than 270 days after 
the date of the enactment of this Act, the Under Secretary 
shall provide a briefing to the Committees on Armed Services 
of the Senate and House of Representatives on the results 
of the review required by paragraph (1). 
(3) ADDITIONAL GUIDANCE.—Not later than one year after 
the date of the enactment of this Act, the Under Secretary 
shall revise policies, guidance, and training to incorporate such 
recommendations as the Under Secretary considers appropriate 
from the review required by paragraph (1). 
SEC. 889. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR 
SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT 
ACCOUNTABILITY OFFICE REPORTS TO CONGRESS. 
The Comptroller General of the United States shall include 
in the annual report to Congress on the Government Accountability 
Office each year a list of the most common grounds for sustaining 
protests relating to bids for contracts during such year. 
SEC. 890. STUDY AND REPORT ON CONTRACTS AWARDED TO 
MINORITY-OWNED AND WOMEN-OWNED BUSINESSES. 
(a) STUDY.—The Comptroller General of the United States shall 
carry out a study on the number and types of contracts for the 
procurement of goods or services for the Department of Defense 
awarded to minority-owned and women-owned businesses during 
fiscal years 2010 through 2015. In conducting the study, the Comp-
troller General shall identify minority-owned businesses according 
to the categories identified in the Federal Procurement Data System 
(described in section 1122(a)(4)(A) of title 41, United States Code). 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report on the results of the 
study under subsection (a). 
SEC. 891. AUTHORITY TO PROVIDE REIMBURSABLE AUDITING SERV-
ICES TO CERTAIN NON-DEFENSE AGENCIES. 
Section 893(a) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2313 note) is 
amended— 
31 USC 3554 
note. 
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130 STAT. 2324 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in paragraph (1), by inserting ‘‘except as provided in 
paragraph (2),’’ after ‘‘this Act,’’; and 
(2) by amending paragraph (2) to read as follows: 
‘‘(2) EXCEPTION FOR NATIONAL NUCLEAR SECURITY ADMINIS-
TRATION.—Notwithstanding paragraph (1), the Defense Con-
tract Audit Agency may provide audit support on a reimburs-
able basis for the National Nuclear Security Administration.’’. 
SEC. 892. SELECTION OF SERVICE PROVIDERS FOR AUDITING SERV-
ICES AND AUDIT READINESS SERVICES. 
The Department of Defense shall select service providers for 
auditing services and audit readiness services based on the best 
value to the Department, as determined by the resource sponsor 
for an auditing contract, rather than based on the lowest price 
technically acceptable service provider. 
SEC. 893. AMENDMENTS TO CONTRACTOR BUSINESS SYSTEM REQUIRE-
MENTS. 
(a) BUSINESS SYSTEM REQUIREMENTS.—Section 893 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 10 U.S.C. 2302 note) is amended in subsection 
(b)(1), by striking ‘‘system requirements’’ and inserting ‘‘clear and 
specific business system requirements that are identified and made 
publicly available’’. 
(b) THIRD-PARTY INDEPENDENT AUDITOR REVIEWS.—Section 893 
of such Act is further amended— 
(1) by redesignating subsections (c), (d), (e), (f), and (g) 
as subsections (d), (e), (f), (g), and (h), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) REVIEW
BY THIRD-PARTY INDEPENDENT AUDITORS.—The 
review process for contractor business systems pursuant to sub-
section (b)(2) shall— 
‘‘(1) if a registered public accounting firm attests to the 
internal control assessment of a contractor, pursuant to section 
404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), 
allow the contractor, subject to paragraph (3), to submit cer-
tified documentation from such registered public accounting 
firm that the contractor business systems of the contractor 
meet the business system requirements referred to in sub-
section (b)(1) and to thereby eliminate the need for further 
review of the contractor business systems by the Secretary 
of Defense; 
‘‘(2) limit the review, subject to paragraph (3), of the con-
tractor business systems of a contractor that is not a covered 
contractor to confirming that the contractor uses the same 
contractor business system for its Government and commercial 
work and that the outputs of the contractor business system 
based on statistical sampling are reasonable; and 
‘‘(3) allow a milestone decision authority to require a review 
of a contractor business system of a contractor that submits 
documentation pursuant to paragraph (1) or that is not a cov-
ered contractor after determining in writing that such a review 
is necessary to appropriately manage contractual risk.’’. 
(c) AMENDMENT TO DEFINITION OF COVERED CONTRACTOR.— 
Section 893 of such Act is further amended in subsection (g), as 
so redesignated, by striking ‘‘means a contractor’’ and all that 
follows and inserting ‘‘means a contractor that has covered contracts 
10 USC 2331 
note. 
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130 STAT. 2325 
PUBLIC LAW 114–328—DEC. 23, 2016 
with the United States Government accounting for greater than 
1 percent of its total gross revenue, except that the term does 
not include any contractor that is exempt, under section 1502 
of title 41, United States Code, or regulations implementing that 
section, from using full cost accounting standards established in 
that section.’’. 
(d) REPEAL OF OBSOLETE DEADLINE.—Section 893 of such Act 
is further amended in subsection (a) by striking ‘‘Not later than 
270 days after the date of the enactment of this Act, the’’ and 
inserting ‘‘The’’. 
SEC. 894. IMPROVED MANAGEMENT PRACTICES TO REDUCE COST AND 
IMPROVE PERFORMANCE OF CERTAIN DEPARTMENT OF 
DEFENSE ORGANIZATIONS. 
(a) IN GENERAL.—Beginning not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
designate units, subunits, or entities of the Department of Defense, 
other than Centers of Industrial and Technical Excellence des-
ignated pursuant to section 2474 of title 10, United States Code, 
that conduct work that is commercial in nature or is not inherently 
governmental to prioritize efforts to conduct business operations 
in a manner that uses modern, commercial management practices 
and principles to reduce the costs and improve the performance 
of such organizations. 
(b) ADOPTION OF MODERN BUSINESS PRACTICES.—The Secretary 
shall ensure that each such unit, subunit, or entity of the Depart-
ment described in subsection (a) is authorized to adopt and imple-
ment best commercial and business management practices to 
achieve the goals described in such subsection. 
(c) WAIVERS.—The Secretary shall authorize waivers of Depart-
ment of Defense, military service, and Defense Agency regulations, 
as appropriate, to achieve the goals in subsection (a), including 
in the following areas: 
(1) Financial management. 
(2) Human resources. 
(3) Facility and plant management. 
(4) Acquisition and contracting. 
(5) Partnerships with the private sector. 
(6) Other business and management areas as identified 
by the Secretary. 
(d) GOALS.—The Secretary of Defense shall identify savings 
goals to be achieved through the implementation of the commercial 
and business management practices adopted under subsection (b), 
and establish a schedule for achieving the savings. 
(e) BUDGET ADJUSTMENT.—The Secretary shall establish poli-
cies to adjust organizational budget allocations, at the Secretary’s 
discretion, for purposes of— 
(1) using savings derived from implementation of best 
commercial and business management practices for high pri-
ority military missions of the Department of Defense; 
(2) creating incentives for the most efficient and effective 
development and adoption of new commercial and business 
management practices by organizations; and 
(3) investing in the development of new commercial and 
business management practices that will result in further 
savings to the Department of Defense. 
10 USC 2222 
note. 
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130 STAT. 2326 
PUBLIC LAW 114–328—DEC. 23, 2016 
(f) BUDGET BASELINES.—Beginning not later than one year 
after the date of the enactment of this Act, each such unit, subunit, 
or entity of the Department described in subsection (a) shall, in 
accordance with such guidance as the Secretary of Defense shall 
establish for purposes of this section— 
(1) establish an annual baseline cost estimate of its oper-
ations; and 
(2) certify that costs estimated pursuant to paragraph (1) 
are wholly accounted for and presented in a format that is 
comparable to the format for the presentation of such costs 
for other elements of the Department or consistent with best 
commercial practices. 
SEC. 895. EXEMPTION FROM REQUIREMENT FOR CAPITAL PLANNING 
AND INVESTMENT CONTROL FOR INFORMATION TECH-
NOLOGY EQUIPMENT INCLUDED AS INTEGRAL PART OF 
A WEAPON OR WEAPON SYSTEM. 
(a) WAIVER AUTHORITY.—Notwithstanding subsection (c)(2) of 
section 11103 of title 40, United States Code, a national security 
system described in subsection (a)(1)(D) of such section shall not 
be subject to the requirements of paragraphs (2) through (5) of 
section 11312(b) of such title unless the milestone decision authority 
determines in writing that application of such requirements is 
appropriate and in the best interests of the Department of Defense. 
(b) MILESTONE DECISION AUTHORITY DEFINED.—In this section, 
the term ‘‘milestone decision authority’’ has the meaning given 
the term in section 2366a(d)(7) of title 10, United States Code. 
SEC. 896. MODIFICATIONS TO PILOT PROGRAM FOR STREAMLINING 
AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS. 
Section 873 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended— 
(1) in subsection (a)(2), by inserting ‘‘or Small Business 
Technology Transfer Program’’ after ‘‘Small Business Innova-
tion Research Program’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘subparagraphs (A), (B), and (C) of 
section 2313(a)(2) of title 10, United States Code, and’’ 
before ‘‘subsection (b) of section 2313’’; and 
(B) in paragraph (2), by inserting ‘‘, and if such 
performance audit is initiated within 18 months of the 
contract completion’’ before the period at the end; 
(3) by redesignating subsections (c), (d), and (e) as sub-
sections (f), (g), and (h), respectively; and 
(4) by inserting after subsection (b) the following new sub-
sections: 
‘‘(c) TREATMENT AS COMPETITIVE PROCEDURES.—Use of a tech-
nical, merit-based selection procedure or the Small Business Innova-
tion Research Program or Small Business Technology Transfer Pro-
gram for the pilot program under this section shall be considered 
to be use of competitive procedures for purposes of chapter 137 
of title 10, United States Code. 
‘‘(d) DISCRETION TO USE NON-CERTIFIED ACCOUNTING SYS-
TEMS.—In executing programs under this pilot program, the Sec-
retary of Defense shall establish procedures under which a small 
business or nontraditional contractor may engage an independent 
certified public accountant for the review and certification of its 
15 USC 638. 
40 USC 11103 
note. 
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130 STAT. 2327 
PUBLIC LAW 114–328—DEC. 23, 2016 
accounting system for the purposes of any audits required by regula-
tion, unless the head of the agency determines that this is not 
appropriate based on past performance of the specific small business 
or nontraditional defense contractor, or based on analysis of other 
information specific to the award. 
‘‘(e) GUIDANCE AND TRAINING.—The Secretary of Defense shall 
ensure that acquisition and auditing officials are provided guidance 
and training on the flexible use and tailoring of authorities under 
the pilot program to maximize efficiency and effectiveness.’’. 
SEC. 897. RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPART-
MENTS. 
Section 804(d) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note), as 
amended by section 864 of this Act, is further amended— 
(1) in the subsection heading, by striking ‘‘FUND’’ and 
inserting ‘‘FUNDS’’; 
(2) in paragraph (1), by striking ‘‘IN GENERAL.—The Sec-
retary’’ and inserting the following: ‘‘DEPARTMENT OF DEFENSE 
RAPID PROTOTYPING FUND.— 
‘‘(A) IN GENERAL.—The Secretary’’; 
(3) by redesignating paragraphs (2) and (3) as subpara-
graphs (B) and (C), respectively, and moving such subpara-
graphs, as so redesignated, two ems to the right; 
(4) in subparagraph (B), as redesignated by paragraph 
(3), by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’; 
and 
(5) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPART-
MENTS.—The Secretary of each military department may estab-
lish a military department-specific fund (and, in the case of 
the Secretary of the Navy, including the Marine Corps) to 
provide funds, in addition to other funds that may be available 
to the military department concerned, for acquisition programs 
under the rapid fielding and prototyping pathways established 
pursuant to this section. Each military department-specific fund 
shall consist of amounts appropriated or credited to the fund.’’. 
SEC. 898. ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE 
AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNT-
ABILITY, AND INTEGRITY; DEFENSE ACQUISITION UNIVER-
SITY TRAINING. 
(a) ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE 
AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNTABILITY, AND 
INTEGRITY.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
a panel to be known as the ‘‘Panel on Department of Defense 
and AbilityOne Contracting Oversight, Accountability, and 
Integrity’’ (hereafter in this section referred to as the ‘‘Panel’’). 
The Panel shall be supported by the Defense Acquisition 
University, established under section 1746 of title 10, United 
States Code, and the National Defense University, including 
administrative support. 
(2) COMPOSITION.—The Panel shall be composed of the 
following: 
10 USC 2302 
note. 
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130 STAT. 2328 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) A representative of the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, who shall be 
the chairman of the Panel. 
(B) A representative from the AbilityOne Commission. 
(C) A representative of the service acquisition executive 
of each military department and Defense Agency (as such 
terms are defined, respectively, in section 101 of title 10, 
United States Code). 
(D) A representative of the Under Secretary of Defense 
(Comptroller). 
(E) A representative of the Inspector General of the 
Department of Defense and the AbilityOne Commission. 
(F) A representative from each of the Army Audit 
Agency, the Navy Audit Service, the Air Force Audit 
Agency, and the Defense Contract Audit Agency. 
(G) The President of the Defense Acquisition Univer-
sity, or a designated representative. 
(H) One or more subject matter experts on veterans 
employment from a veterans service organization. 
(I) A representative of the Commission Directorate of 
Veteran Employment of the AbilityOne Commission whose 
duties include maximizing opportunities to employ signifi-
cantly disabled veterans in accordance with the regulations 
of the AbilityOne Commission. 
(J) One or more representatives from the Department 
of Justice who are subject matter experts on compliance 
with disability rights laws applicable to contracts of the 
Department of Defense and the AbilityOne Commission. 
(K) One or more representatives from the Department 
of Justice who are subject matter experts on Department 
of Defense contracts, Federal Prison Industries, and the 
requirements of the Javits-Wagner-O’Day Act. 
(L) Such other representatives as may be determined 
appropriate by the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics. 
(b) MEETINGS.—The Panel shall meet as determined necessary 
by the chairman of the Panel, but not less often than once every 
three months. 
(c) DUTIES.—The Panel shall— 
(1) review the status of and progress relating to the 
implementation of the recommendations of report number 
DODIG–2016–097 of the Inspector General of the Department 
of Defense titled ‘‘DoD Generally Provided Effective Oversight 
of AbilityOne Contracts’’, published on June 17, 2016; 
(2) recommend actions the Department of Defense and 
the AbilityOne Commission may take to eliminate waste, fraud, 
and abuse with respect to contracts of the Department of 
Defense and the AbilityOne Commission; 
(3) recommend actions the Department of Defense and 
the AbilityOne Commission may take to ensure opportunities 
for the employment of significantly disabled veterans and the 
blind and other severely disabled individuals; 
(4) recommend changes to law, regulations, and policy that 
the Panel determines necessary to eliminate vulnerability to 
waste, fraud, and abuse with respect to the performance of 
contracts of the Department of Defense; 
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130 STAT. 2329 
PUBLIC LAW 114–328—DEC. 23, 2016 
(5) recommend criteria for veterans with disabilities to 
be eligible for employment opportunities through the programs 
of the AbilityOne Commission that considers the definitions 
of disability used by the Secretary of Veterans Affairs and 
the AbilityOne Commission; 
(6) recommend ways the Department of Defense and the 
AbilityOne Commission may explore opportunities for competi-
tion among qualified nonprofit agencies or central nonprofit 
agencies and ensure an equitable selection and allocation of 
work to qualified nonprofit agencies; 
(7) recommend changes to business practices, information 
systems, and training necessary to ensure that— 
(A) the AbilityOne Commission complies with regu-
latory requirements related to the establishment and 
maintenence of the procurement list established pursuant 
to section 8503 of title 41, United States Code; and 
(B) the Department of Defense complies with the statu-
tory and regulatory requirements for use of such procure-
ment list; and 
(8) any other duties determined necessary by the Secretary 
of Defense. 
(d) CONSULTATION.—To carry out the duties described in sub-
section (c), the Panel may consult or contract with other executive 
agencies and with experts from qualified nonprofit agencies or 
central nonprofit agencies on— 
(1) compliance with disability rights laws applicable to 
contracts of the Department of Defense and the AbilityOne 
Commission; 
(2) employment of significantly disabled veterans; and 
(3) vocational rehabilitation. 
(e) AUTHORITY.—To carry out the duties described in subsection 
(c), the Panel may request documentation or other information 
needed from the AbilityOne Commission, central nonprofit agencies, 
and qualified nonprofit agencies. 
(f) PANEL RECOMMENDATIONS AND MILESTONE DATES.— 
(1) MILESTONE
DATES
FOR
IMPLEMENTING
RECOMMENDA-
TIONS.—After consulting with central nonprofit agencies and 
qualified nonprofit agencies, the Panel shall suggest milestone 
dates for the implementation of the recommendations made 
under subsection (c) and shall notify the congressional defense 
committees, the Committee on Oversight and Government 
Reform of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Senate, 
qualified nonprofit agencies, and central nonprofit agencies of 
such dates. 
(2) NOTIFICATION
OF
IMPLEMENTATION
OF
RECOMMENDA-
TIONS.—After the establishment of milestone dates under para-
graph (1), the Panel may review the activities, including con-
tracts, of the AbilityOne Commission, the central nonprofit 
agencies, and the relevant qualified nonprofit agencies to deter-
mine if the recommendations made under subsection (c) are 
being substantially implemented in good faith by the AbilityOne 
Commission or such agencies. If the Panel determines that 
the AbilityOne Commission or any such agency is not imple-
menting the recommendations, the Panel shall notify the Sec-
retary of Defense, the congressional defense committees, the 
Committee on Oversight and Government Reform of the House 
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130 STAT. 2330 
PUBLIC LAW 114–328—DEC. 23, 2016 
of Representatives, and the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(g) REMEDIES.— 
(1) IN GENERAL.—Upon receiving notification under sub-
section (f)(2) and subject to the limitation in paragraph (2), 
the Secretary of Defense may take one of the following actions: 
(A) With respect to a notification relating to the 
AbilityOne Commission, the Secretary may suspend compli-
ance with the requirement to procure a product or service 
in section 8504 of title 41, United States Code, until the 
date on which the Secretary notifies Congress, in writing, 
that the AbilityOne Commission is substantially imple-
menting the recommendations made under subsection (c). 
(B) With respect to a notification relating to a qualified 
nonprofit agency, the Secretary may terminate a contract 
with such agency that is in existence on the date of receipt 
of such notification, or elect to not enter into a contract 
with such agency after such date, until the date on which 
the AbilityOne Commission certifies to the Secretary that 
such agency is substantially implementing the rec-
ommendations made under subsection (c). 
(C) With respect to a notification relating to a central 
nonprofit agency, the Secretary may include a term in 
a contract entered into after the date of receipt of such 
notification with a qualified nonprofit agency that is under 
such central nonprofit agency that states that such quali-
fied nonprofit agency shall not pay a fee to such central 
nonprofit agency until the date on which the AbilityOne 
Commission certifies to the Secretary that such central 
nonprofit agency is substantially implementing the rec-
ommendations made under subsection (c). 
(2) LIMITATION.—If the Secretary of Defense takes any 
of the actions described in paragraph (1), the Secretary shall 
coordinate with the AbilityOne Commission or the relevant 
central nonprofit agency, as appropriate, to fully implement 
the recommendations made under subsection (c). On the date 
on which such recommendations are fully implemented, the 
Secretary shall notify Congress, in writing, and the Secretary’s 
authority under paragraph (1) shall terminate. 
(h) PROGRESS REPORTS.— 
(1) CONSULTATION ON RECOMMENDATIONS.—Before submit-
ting the progress report required under paragraph (2), the 
Panel shall consult with the AbilityOne Commission on draft 
recommendations made pursuant to subsection (c). The Panel 
shall include any recommendations of the AbilityOne Commis-
sion in the progress report submitted under paragraph (2). 
(2) PROGRESS REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Panel shall submit 
to the Secretary of Defense, the Chairman of the AbilityOne 
Commission, the congressional defense committees, the Com-
mittee on Oversight and Government Reform of the House 
of Representatives, and the Committee on Homeland Security 
and Governmental Affairs of the Senate a progress report on 
the activities of the Panel. 
(i) ANNUAL REPORT.— 
(1) CONSULTATION
ON
REPORT.—Before submitting the 
annual report required under paragraph (2), the Panel shall 
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130 STAT. 2331 
PUBLIC LAW 114–328—DEC. 23, 2016 
consult with the AbilityOne Commission on the contents of 
the report. The Panel shall include any recommendations of 
the AbilityOne Commission in the report submitted under para-
graph (2). 
(2) REPORT.—Not later than September 30, 2017, and 
annually thereafter for the next three years, the Panel shall 
submit to the Secretary of Defense, the Chairman of the 
AbilityOne Commission, the congressional defense committees, 
the Committee on Oversight and Government Reform of the 
House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report that 
includes— 
(A) a summary of findings and recommendations for 
the year covered by the report; 
(B) a summary of the progress of the relevant qualified 
nonprofit agencies or central nonprofit agencies in imple-
menting recommendations of the previous year’s report, 
if applicable; 
(C) an examination of the current structure of the 
AbilityOne Commission to eliminate waste, fraud, and 
abuse and to ensure contracting integrity and account-
ability for any violations of law or regulations; 
(D) recommendations for any changes to the acquisition 
and contracting practices of the Department of Defense 
and the AbilityOne Commission to improve the delivery 
of goods and services to the Department of Defense; and 
(E) recommendations for administrative safeguards to 
ensure the Department of Defense and the AbilityOne 
Commission are in compliance with the requirements of 
the Javits-Wagner-O’Day Act, Federal civil rights law, and 
regulations and policy related to the performance of con-
tracts of the Department of Defense with qualified nonprofit 
agencies and the contracts of the AbilityOne Commission 
with central nonprofit agencies. 
(j) SUNSET.—The Panel shall terminate on the date of submis-
sion of the last annual report required under subsection (i). 
(k) INAPPLICABILITY OF FACA.—The requirements of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Panel established pursuant to subsection (a). 
(l) DEFENSE ACQUISITION UNIVERSITY TRAINING.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
a training program at the Defense Acquisition University estab-
lished under section 1746 of title 10, United States Code. Such 
training shall include— 
(A) information about— 
(i) the mission of the AbilityOne Commission; 
(ii) the employment of significantly disabled vet-
erans through contracts from the procurement list 
maintained by the AbilityOne Commission; 
(iii) reasonable accommodations and accessibility 
requirements for the blind and other severely disabled 
individuals; and 
(iv) Executive orders and other subjects related 
to the blind and other severely disabled individuals, 
as determined by the Secretary of Defense; and 
(B) procurement, acquisition, program management, 
and other training specific to procuring goods and services 
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130 STAT. 2332 
PUBLIC LAW 114–328—DEC. 23, 2016 
for the Department of Defense pursuant to the Javits- 
Wagner-O’Day Act. 
(2) ACQUISITION WORKFORCE ASSIGNMENT.—Members of the 
acquisition workforce (as defined in section 101 of title 10, 
United States Code) who have participated in the training 
described in paragraph (1) are eligible for a detail to the 
AbilityOne Commission. 
(3) 
ABILITYONE
COMMISSION
ASSIGNMENT.—Career 
employees of the AbilityOne Commission may participate in 
the training program described in paragraph (1) on a non- 
reimbursable basis for up to three years and on a non-reimburs-
able or reimbursable basis thereafter. 
(4) FUNDING.—Amounts from the Department of Defense 
Acquisition Workforce Development Fund established under 
section 1705 of title 10, United States Code, are authorized 
for use for the detail of members of the acquisition workforce 
to the AbilityOne Commission. 
(m) DEFINITIONS.—In this section: 
(1) The term ‘‘AbilityOne Commission’’ means the Com-
mittee for Purchase From People Who Are Blind or Severely 
Disabled established under section 8502 of title 41, United 
States Code. 
(2) The terms ‘‘blind’’, ‘‘qualified nonprofit agency for the 
blind’’, ‘‘qualified nonprofit agency for other severely disabled’’, 
and ‘‘severely disabled individual’’ have the meanings given 
such terms under section 8501 of such title. 
(3) The term ‘‘central nonprofit agency’’ means a central 
nonprofit agency designated under section 8503(c) of such title. 
(4) The term ‘‘executive agency’’ has the meaning given 
such term in section 133 of such title. 
(5) The term ‘‘Javits-Wagner-O’Day Act’’ means chapter 
85 of such title. 
(6) The term ‘‘qualified nonprofit agency’’ means— 
(A) a qualified nonprofit agency for the blind; or 
(B) a qualified nonprofit agency for other severely dis-
abled. 
(7) The term ‘‘significantly disabled veteran’’ means a vet-
eran (as defined in section 101 of title 38, United States Code) 
who is a severely disabled individual. 
SEC. 899. COAST GUARD MAJOR ACQUISITION PROGRAMS. 
(a) FUNCTIONS OF CHIEF ACQUISITION OFFICER.—Section 56(c) 
of title 14, United States Code, is amended by striking ‘‘and’’ after 
the semicolon at the end of paragraph (8), striking the period 
at the end of paragraph (9) and inserting ‘‘; and’’, and adding 
at the end the following: 
‘‘(10)(A) keeping the Commandant informed of the progress 
of major acquisition programs (as that term is defined in section 
581); 
‘‘(B) informing the Commandant on a continuing basis of 
any developments on such programs that may require new 
or revisited trade-offs among cost, schedule, technical feasi-
bility, and performance, including— 
‘‘(i) significant cost growth or schedule slippage; and 
‘‘(ii) requirements creep (as that term is defined in 
section 2547(c)(1) of title 10); and 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) ensuring that the views of the Commandant regarding 
such programs on cost, schedule, technical feasibility, and 
performance trade-offs are strongly considered by program man-
agers and program executive officers in all phases of the acquisi-
tion process.’’. 
(b) CUSTOMER SERVICE MISSION OF DIRECTORATE.— 
(1) IN GENERAL.—Chapter 15 of title 14, United States 
Code, is amended— 
(A) in section 561(b)— 
(i) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(3) to meet the needs of customers of major acquisition 
programs in the most cost-effective manner practicable.’’; 
(B) in section 562, by repealing subsection (b) and 
redesignating subsections (c), (d), (f), and (g) as subsections 
(b), (c), (d), and (e), respectively; 
(C) in section 563, by striking ‘‘Not later than 180 
days after the date of enactment of the Coast Guard 
Authorization Act of 2010, the Commandant shall com-
mence implementation of’’ and inserting ‘‘The Commandant 
shall maintain’’; 
(D) by adding at the end of section 564 the following: 
‘‘(c) ACQUISITION OF UNMANNED AERIAL SYSTEMS.— 
‘‘(1) IN GENERAL.—During any fiscal year for which funds 
are appropriated for the design or construction of the Offshore 
Patrol Cutter, the Commandant— 
‘‘(A) may not award a contract for design of an 
unmanned aerial system for use by the Coast Guard; and 
‘‘(B) may acquire an unmanned aerial system only— 
‘‘(i) if such a system has been acquired by, or 
has been used by, the Department of Defense or the 
Department of Homeland Security, or a component 
thereof, before the date on which the Commandant 
acquires the system; and 
‘‘(ii) through an agreement with such a department 
or component, unless the unmanned aerial system can 
be obtained at less cost through independent contract 
action. 
‘‘(2) LIMITATIONS ON APPLICATION.— 
‘‘(A) SMALL UNMANNED AERIAL SYSTEMS.—The limita-
tions in paragraph (1)(B) do not apply to any small 
unmanned aerial system that consists of— 
‘‘(i) an unmanned aircraft weighing less than 55 
pounds on takeoff, including all components and equip-
ment on board or otherwise attached to the aircraft; 
and 
‘‘(ii) associated elements (including communication 
links and the components that control such aircraft) 
that are required for the safe and efficient operation 
of such aircraft. 
‘‘(B) PREVIOUSLY FUNDED SYSTEMS.—The limitations in 
paragraph (1) do not apply to the design or acquisition 
of an unmanned aerial system for which funds for research, 
development, test, and evaluation have been received from 
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130 STAT. 2334 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Department of Defense or the Department of Homeland 
Security’’; 
(E) in subchapter II, by adding at the end the following: 
‘‘§ 578. Role of Vice Commandant in major acquisition pro-
grams 
‘‘The Vice Commandant— 
‘‘(1) shall represent the customer of a major acquisition 
program with regard to trade-offs made among cost, schedule, 
technical feasibility, and performance with respect to such pro-
gram; and 
‘‘(2) shall advise the Commandant in decisions regarding 
the balancing of resources against priorities, and associated 
trade-offs referred to in paragraph (1), on behalf of the customer 
of a major acquisition program. 
‘‘§ 579. Extension of major acquisition program contracts 
‘‘(a) IN GENERAL.—Notwithstanding section 564(a)(2) of this 
title and section 2304 of title 10, and subject to subsections (b) 
and (c) of this section, the Secretary may acquire additional units 
procured under a Coast Guard major acquisition program contract, 
by extension of such contract without competition, if the Director 
of the Cost Analysis Division of the Department of Homeland Secu-
rity determines that the costs that would be saved through award 
of a new contract in accordance with such sections would not 
exceed the costs of such an award. 
‘‘(b) LIMITATION
ON
NUMBER
OF
ADDITIONAL
UNITS.—The 
number of additional units acquired under a contract extension 
under this section may not exceed the number of additional units 
for which such determination is made. 
‘‘(c) DETERMINATION OF COSTS UPON REQUEST.—The Director 
of the Cost Analysis Division of the Department of Homeland Secu-
rity shall, at the request of the Secretary, determine for purposes 
of this section— 
‘‘(1) the costs that would be saved through award of a 
new major acquisition program contract in accordance with 
section 564(a)(2) for the acquisition of a number of additional 
units specified by the Secretary; and 
‘‘(2) the costs of such award, including the costs that would 
be incurred due to acquisition schedule delays and asset design 
changes associated with such award. 
‘‘(d) NUMBER
OF EXTENSIONS.—A contract may be extended 
under this section more than once.’’; and 
(F) in section 581— 
(i) by redesignating paragraphs (7) through (10) 
as paragraphs (9) through (12), respectively, and by 
redesignating paragraphs (3) through (6) as paragraphs 
(4) through (7), respectively; 
(ii) by inserting after paragraph (2) the following: 
‘‘(3) CUSTOMER OF A MAJOR ACQUISITION PROGRAM.—The 
term ‘customer of a major acquisition program’ means the oper-
ating field unit of the Coast Guard that will field the system 
or systems acquired under a major acquisition program.’’; and 
(iii) by inserting after paragraph (7), as so redesig-
nated, the following: 
‘‘(8) MAJOR
ACQUISITION
PROGRAM.—The term ‘major 
acquisition program’ means an ongoing acquisition undertaken 
14 USC 579. 
14 USC 578. 
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130 STAT. 2335 
PUBLIC LAW 114–328—DEC. 23, 2016 
by the Coast Guard with a life-cycle cost estimate greater 
than or equal to $300,000,000.’’. 
(2) CLERICAL AMENDMENT.—The analysis at the beginning 
of such chapter is amended by adding at the end of the items 
relating to subchapter II the following: 
‘‘578. Role of Vice Commandant in major acquisition programs. 
‘‘579. Extension of major acquisition program contracts.’’. 
(c) REVIEW REQUIRED.— 
(1) REQUIREMENT.—The Commandant of the Coast Guard 
shall conduct a review of— 
(A) the authorities provided to the Commandant in 
chapter 15 of title 14, United States Code, and other rel-
evant statutes and regulations related to Coast Guard 
acquisitions, including developing recommendations to 
ensure that the Commandant plays an appropriate role 
in the development of requirements, acquisition processes, 
and the associated budget practices; 
(B) implementation of the strategy prepared in accord-
ance with section 562(b)(2) of title 14, United States Code, 
as in effect before the enactment of the National Defense 
Authorization Act for Fiscal Year 2017; and 
(C) acquisition policies, directives, and regulations of 
the Coast Guard to ensure such policies, directives, and 
regulations 
establish 
a 
customer-oriented 
acquisition 
system. 
(2) REPORT.—Not later than March 1, 2017, the Com-
mandant shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report containing, at a minimum, the following: 
(A) The recommendations developed by the Com-
mandant under paragraph (1) and other results of the 
review conducted under such paragraph. 
(B) The actions the Commandant is taking, if any, 
within the Commandant’s existing authority to implement 
such recommendations. 
(3) MODIFICATION OF POLICIES, DIRECTIVES, AND REGULA-
TIONS.—Not later than one year after the date of the enactment 
of this Act, the Commandant of the Coast Guard shall modify 
the acquisition policies, directives, and regulations of the Coast 
Guard as necessary to ensure the development and implementa-
tion of a customer-oriented acquisition system, pursuant to 
the review under paragraph (1)(C). 
(d) ANALYSIS OF USING MULTIYEAR CONTRACTING.— 
(1) IN GENERAL.—No later than one year after the date 
of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall submit to the 
Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate an analysis of the use of 
multiyear contracting, including procurement authority pro-
vided under section 2306b of title 10, United States Code, 
and authority similar to that granted to the Navy under section 
121(b) of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105–85; 111 Stat. 1648) and section 
150 of the Continuing Appropriations Act, 2011 (Public Law 
14 USC 561 note. 
14 USC 561 prec. 
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130 STAT. 2336 
PUBLIC LAW 114–328—DEC. 23, 2016 
111–242; 124 Stat. 3519), to acquire any combination of at 
least five— 
(A) Fast Response Cutters, beginning with hull 43; 
and 
(B) Offshore Patrol Cutters, beginning with hull 5. 
(2) CONTENTS.—The analysis under paragraph (1) shall 
include the costs and benefits of using multiyear contracting, 
the impact of multiyear contracting on delivery timelines, and 
whether the acquisitions examined would meet the tests for 
the use of multiyear procurement authorities. 
SEC. 899A. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERV-
ICES PRODUCED IN AFRICA IN SUPPORT OF CERTAIN 
ACTIVITIES. 
(a) IN GENERAL.—Except as provided in subsection (c), in the 
case of a product or service to be acquired in support of covered 
activities in a covered African country for which the Secretary 
of Defense makes a determination described in subsection (b), the 
Secretary may conduct a procurement in which— 
(1) competition is limited to products or services from the 
host nation; 
(2) a preference is provided for products or services from 
the host nation; or 
(3) a preference is provided for products or services from 
a covered African country, other than the host nation. 
(b) DETERMINATION.— 
(1) IN GENERAL.—A determination described in this sub-
section is a determination by the Secretary of any of the fol-
lowing: 
(A) That the product or service concerned is to be 
used only in support of covered activities. 
(B) That it is in the national security interests of 
the United States to limit competition or provide a pref-
erence as described in subsection (a) because such limita-
tion or preference is necessary— 
(i) to reduce overall United States transportation 
costs and risks in shipping products in support of oper-
ations, exercises, theater security cooperation activi-
ties, and other missions in the African region; 
(ii) to reduce delivery times in support of covered 
activities; or 
(iii) to promote regional security and stability in 
Africa. 
(C) That the product or service is of equivalent quality 
to a product or service that would have otherwise been 
acquired without such limitation or preference. 
(2) REQUIREMENT FOR EFFECTIVENESS OF ANY PARTICULAR 
DETERMINATION.—A determination under paragraph (1) shall 
not be effective for purposes of a limitation or preference under 
subsection (a) unless the Secretary also determines that— 
(A) the limitation or preference will not adversely 
affect— 
(i) United States military operations or stability 
operations in the African region; or 
(ii) the United States industrial base; and 
(B) in the case of air transportation, an air carrier 
holding a certificate under section 41102 of title 49, United 
10 USC 2302 
note. 
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130 STAT. 2337 
PUBLIC LAW 114–328—DEC. 23, 2016 
States Code, is not reasonably available to provide the 
air transportation. 
(c) INAPPLICABILITY OF AUTHORITY TO PROCUREMENT OF ITEMS 
ON ABILITYONE PROCUREMENT CATALOG.—The authority under sub-
section (a) may not be used for the procurement of any good that 
is contained in the procurement list described in section 8503(a) 
of title 41, United States Code, if such good can be produced 
and delivered by a qualified non profit agency for the blind or 
a nonprofit agency for other severely disabled in a timely fashion 
to support mission requirements. 
(d) REPORT ON USE OF AUTHORITY.—Not later than December 
31, 2017, the Secretary shall submit to the congressional defense 
committees a report on the use of the authority in subsection 
(a). The report shall include, but not be limited to, the following: 
(1) The number of determinations made by the Secretary 
pursuant to subsection (b). 
(2) A list of the countries providing products or services 
as a result of determinations made pursuant to subsection 
(b). 
(3) A description of the products and services acquired 
using the authority. 
(4) The extent to which the use of the authority has met 
the one or more of the objectives specified in clause (i), (ii), 
or (iii) of subsection (b)(1)(B). 
(5) Such recommendations for improvements to the 
authority as the Secretary considers appropriate. 
(6) Such other matters as the Secretary considers appro-
priate. 
(e) DEFINITIONS.—In this section: 
(1) COVERED
ACTIVITIES.—The term ‘‘covered activities’’ 
means Department of Defense activities in the African region 
or a regional neighbor. 
(2) COVERED AFRICAN COUNTRY.—The term ‘‘covered African 
country’’ means a country in Africa that has signed a long- 
term agreement with the United States related to the basing 
or operational needs of the United States Armed Forces. 
(3) HOST NATION.—The term ‘‘host nation’’ means a nation 
that allows the Armed Forces and supplies of the United States 
to be located on, to operate in, or to be transported through 
its territory. 
(4) PRODUCT OR SERVICE OF A COVERED AFRICAN COUNTRY.— 
The term ‘‘product or service of a covered African country’’ 
means the following: 
(A) A product from a covered African country that 
is wholly grown, mined, manufactured, or produced in the 
covered African country. 
(B) A service from a covered African country that is 
performed by a person or entity that— 
(i) is properly licensed or registered by appropriate 
authorities of the covered African country; and 
(ii) as determined by the Chief of Mission con-
cerned— 
(I) is operating primarily in the covered Afri-
can country; or 
(II) is making a significant contribution to the 
economy of the covered African country through 
payment of taxes or use of products, materials, 
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130 STAT. 2338 
PUBLIC LAW 114–328—DEC. 23, 2016 
or labor that are primarily grown, mined, manufac-
tured, produced, or sourced from the covered Afri-
can country. 
(f) CONFORMING AMENDMENT.—Section 1263 of the National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 
291; 128 Stat. 3581) is repealed. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Office of the Secretary of Defense and Related Matters 
Sec. 901. Organization of the Office of the Secretary of Defense. 
Sec. 902. Responsibilities and reporting of the Chief Information Officer of the De-
partment of Defense. 
Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense 
and other Department of Defense headquarters offices. 
Sec. 904. Repeal of Financial Management Modernization Executive Committee. 
Subtitle B—Organization and Management of the Department of Defense Generally 
Sec. 911. Organizational strategy for the Department of Defense. 
Sec. 912. Policy, organization, and management goals and priorities of the Sec-
retary of Defense for the Department of Defense. 
Sec. 913. Secretary of Defense delivery unit. 
Sec. 914. Performance of civilian functions by military personnel. 
Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian per-
sonnel workforce and service contractor workforce of the Department of 
Defense. 
Subtitle C—Joint Chiefs of Staff and Combatant Command Matters 
Sec. 921. Joint Chiefs of Staff and related combatant command matters. 
Sec. 922. Organization of the Department of Defense for management of special op-
erations forces and special operations. 
Sec. 923. Establishment of unified combatant command for cyber operations. 
Sec. 924. Assigned forces of the combatant commands. 
Sec. 925. Modifications to the requirements process. 
Sec. 926. Review of combatant command organization. 
Subtitle D—Organization and Management of Other Department of Defense Offices 
and Elements 
Sec. 931. Qualifications for appointment of the Secretaries of the military depart-
ments. 
Sec. 932. Enhanced personnel management authorities for the Chief of the Na-
tional Guard Bureau. 
Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of 
Community Support for Military Families with Special Needs. 
Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as 
Assistant Secretary of the Air Force for Acquisition, Technology, and Lo-
gistics. 
Subtitle E—Strategies, Reports, and Related Matters 
Sec. 941. National defense strategy. 
Sec. 942. Commission on the National Defense Strategy for the United States. 
Sec. 943. Reform of the national military strategy. 
Sec. 944. Form of annual national security strategy report. 
Sec. 945. Modification to independent study of national security strategy formula-
tion process. 
Subtitle F—Other Matters 
Sec. 951. Enhanced security programs for Department of Defense personnel and in-
novation initiatives. 
Sec. 952. Modification of authority of the Secretary of Defense relating to protection 
of the Pentagon Reservation and other Department of Defense facilities 
in the National Capital Region. 
Sec. 953. Modifications to requirements for accounting for members of the Armed 
Forces and Department of Defense civilian employees listed as missing. 
Sec. 954. Modifications to corrosion report. 
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130 STAT. 2339 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle A—Office of the Secretary of 
Defense and Related Matters 
SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF 
DEFENSE. 
(a) UNDER
SECRETARY
OF
DEFENSE
FOR
RESEARCH
AND 
ENGINEERING.— 
(1) IN GENERAL.—Effective on February 1, 2018, chapter 
4 of title 10, United States Code, is amended by striking section 
133 and inserting the following new section: 
‘‘§ 133a. Under Secretary of Defense for Research and 
Engineering 
‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an Under Sec-
retary of Defense for Research and Engineering, appointed from 
civilian life by the President, by and with the advice and consent 
of the Senate. The Under Secretary shall be appointed from among 
persons who have an extensive technology, science, or engineering 
background and experience with managing complex or advanced 
technological programs. A person may not be appointed as Under 
Secretary within seven years after relief from active duty as a 
commissioned officer of a regular component of an armed force. 
‘‘(b) DUTIES AND POWERS.—Subject to the authority, direction, 
and control of the Secretary of Defense, the Under Secretary shall 
perform such duties and exercise such powers as the Secretary 
may prescribe, including— 
‘‘(1) serving as the chief technology officer of the Depart-
ment of Defense with the mission of advancing technology 
and innovation for the armed forces (and the Department); 
‘‘(2) establishing policies on, and supervising, all defense 
research and engineering, technology development, technology 
transition, prototyping, experimentation, and developmental 
testing activities and programs, including the allocation of 
resources for defense research and engineering, and unifying 
defense research and engineering efforts across the Depart-
ment; and 
‘‘(3) serving as the principal advisor to the Secretary on 
all research, engineering, and technology development activities 
and programs in the Department. 
‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.— 
‘‘(1) PRECEDENCE
IN
MATTERS
OF
RESPONSIBILITY.—With 
regard to all matters for which the Under Secretary has respon-
sibility by the direction of the Secretary of Defense or by 
law, the Under Secretary takes precedence in the Department 
of Defense after the Secretary and the Deputy Secretary of 
Defense. 
‘‘(2) PRECEDENCE IN OTHER MATTERS.—With regard to all 
matters other than the matters for which the Under Secretary 
has responsibility by the direction of the Secretary or by law, 
the Under Secretary takes precedence in the Department of 
Defense after the Secretary, the Deputy Secretary, and the 
Secretaries of the military departments.’’. 
(2) SERVICE OF INCUMBENT USD FOR ATL IN POSITION.— 
The individual serving as Under Secretary of Defense for 
Acquisition, Technology, and Logistics under section 133 of 
title 10, United States Code, as of February 1, 2018, may 
10 USC 133a 
note. 
10 USC 133a. 
10 USC 133a 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
continue to serve as Under Secretary of Defense for Research 
and Engineering commencing as of that date, without further 
appointment under section 133a of such title, as added by 
paragraph (1). 
(b) UNDER SECRETARY
OF DEFENSE
FOR ACQUISITION
AND 
SUSTAINMENT.—Effective on February 1, 2018, chapter 4 of title 
10, United States Code, is further amended by inserting after 
section 133a, as added by subsection (a), the following new section: 
‘‘§ 133b. Under Secretary of Defense for Acquisition and 
Sustainment 
‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an Under Sec-
retary of Defense for Acquisition and Sustainment, appointed from 
civilian life by the President, by and with the advice and consent 
of the Senate. The Under Secretary shall be appointed from among 
persons who have an extensive system development, engineering, 
production, or management background and experience with man-
aging complex programs. A person may not be appointed as Under 
Secretary within seven years after relief from active duty as a 
commissioned officer of a regular component of an armed force. 
‘‘(b) DUTIES AND POWERS.—Subject to the authority, direction, 
and control of the Secretary of Defense, the Under Secretary shall 
perform such duties and exercise such powers as the Secretary 
may prescribe, including— 
‘‘(1) serving as the chief acquisition and sustainment officer 
of the Department of Defense with the mission of delivering 
and sustaining timely, cost-effective capabilities for the armed 
forces (and the Department); 
‘‘(2) establishing policies on, and supervising, all elements 
of the Department relating to acquisition (including system 
design, development, and production, and procurement of goods 
and services) and sustainment (including logistics, mainte-
nance, and materiel readiness); 
‘‘(3) establishing policies for access to, and maintenance 
of, the defense industrial base and materials critical to national 
security, and policies on contract administration; 
‘‘(4) serving as— 
‘‘(A) the principal advisor to the Secretary on acquisi-
tion and sustainment in the Department; 
‘‘(B) the senior procurement executive for the Depart-
ment for the purposes of section 1702(c) of title 41; and 
‘‘(C) the Defense Acquisition Executive for purposes 
of regulations and procedures of the Department providing 
for a Defense Acquisition Executive; 
‘‘(5) overseeing the modernization of nuclear forces and 
the development of capabilities to counter weapons of mass 
destruction, and serving as the chairman of the Nuclear 
Weapons Council and the co-chairman of the Council on Over-
sight of the National Leadership Command, Control, and 
Communications System; 
‘‘(6) the authority to direct the Secretaries of the military 
departments and the heads of all other elements of the Depart-
ment with regard to matters for which the Under Secretary 
has responsibility, except that the Under Secretary shall exer-
cise supervisory authority over service acquisition programs 
for which the service acquisition executive is the milestone 
decision authority; and 
10 USC 133b. 
10 USC 133b 
note. 
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‘‘(7) to the extent directed by the Secretary, exercising 
overall supervision of all personnel (civilian and military) in 
the Office of the Secretary of Defense with regard to matters 
for which the Under Secretary has responsibility, unless other-
wise provided by law. 
‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.— 
‘‘(1) PRECEDENCE
IN
MATTERS
OF
RESPONSIBILITY.—With 
regard to all matters for which the Under Secretary has respon-
sibility by the direction of the Secretary of Defense or by 
law, the Under Secretary takes precedence in the Department 
of Defense after the Secretary, the Deputy Secretary of Defense, 
and the Under Secretary of Defense for Research and 
Engineering. 
‘‘(2) PRECEDENCE IN OTHER MATTERS.—With regard to all 
matters other than the matters for which the Under Secretary 
has responsibility by the direction of the Secretary or by law, 
the Under Secretary takes precedence in the Department of 
Defense after the Secretary, the Deputy Secretary, the Under 
Secretary of Defense for Research and Engineering, and the 
Secretaries of the military departments.’’. 
(c) CHIEF MANAGEMENT OFFICER.— 
(1) IN GENERAL.—Effective on February 1, 2018, there is 
a Chief Management Officer of the Department of Defense. 
(2) APPOINTMENT.—The Chief Management Officer shall 
be appointed from civilian life by the President, by and with 
the advice and consent of the Senate. The Chief Management 
Officer shall be appointed from among persons who have an 
extensive management or business background and experience 
with managing large or complex organizations. A person may 
not be appointed as Chief Management Officer within seven 
years after relief from active duty as a commissioned officer 
of a regular component of an Armed Force. 
(3) DUTIES AND POWERS.—Subject to the authority, direc-
tion, and control of the Secretary of Defense, the Chief Manage-
ment Officer shall perform such duties and exercise such powers 
as the Secretary may prescribe, including— 
(A) serving as the chief management officer of the 
Department of Defense with the mission of managing the 
business operations of the Department; 
(B) establishing policies on, and supervising, all busi-
ness operations of the Department, including business 
transformation, business planning and processes, perform-
ance management, and business information technology 
management and improvement activities and programs, 
including the allocation of resources for business oper-
ations, and unifying business management efforts across 
the Department; 
(C) serving as the principal advisor to the Secretary 
on all business operations activities and programs in the 
Department; and 
(D) the authority to direct the Secretaries of the mili-
tary departments and the heads of all other elements of 
the Department with regard to matters for which the Chief 
Management Officer has responsibility. 
(4) CONFORMING AMENDMENTS.—Effective on February 1, 
2018, section 132 of title 10, United States Code, is amended— 
(A) by striking subsection (c); and 
10 USC 131 note. 
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130 STAT. 2342 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) by redesignating subsections (d) and (e) as sub-
sections (c) and (d), respectively. 
(d) REPEAL OF PENDING AUTHORITY TO ESTABLISH UNDER SEC-
RETARY OF DEFENSE FOR BUSINESS MANAGEMENT AND INFORMA-
TION.—Subsection (a) of section 901 of the Carl Levin and Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal 
Year 2015 (Public Law 113–291; 128 Stat. 3462) is repealed. 
(e) REPEAL
OF CERTAIN ASD AND DIRECTOR POSITIONS.— 
Chapter 4 of title 10, United States Code, is further amended— 
(1) in section 138(b)— 
(A) by striking paragraphs (6), (7), (8), and (9); and 
(B) by redesignating paragraph (10) as paragraph (6); 
and 
(2) by striking sections 139b and 139c. 
(f) OFFICE OF THE SECRETARY OF DEFENSE.—Effective on Feb-
ruary 1, 2018, section 131(b)(2) of title 10, United States Code, 
is amended— 
(1) by redesignating subparagraphs (B) through (E) as sub-
paragraphs (C) through (F), respectively; and 
(2) by striking subparagraph (A) and inserting the following 
new subparagraphs: 
‘‘(A) The Under Secretary of Defense for Research and 
Engineering. 
‘‘(B) The Under Secretary of Defense for Acquisition 
and Sustainment.’’. 
(g) TABLE OF SECTION AMENDMENTS.— 
(1) TABLE OF SECTIONS EFFECTIVE ON ENACTMENT.—The 
table of sections at the beginning of chapter 4 of title 10, 
United States Code, is amended by striking the items relating 
to sections 139b and 139c. 
(2) TABLE OF SECTIONS EFFECTIVE ON DELAYED EFFECTIVE 
DATE.—Effective on February 1, 2018, the table of sections 
at the beginning of chapter 4 of such title is further amended 
by striking the item relating to section 133 and inserting the 
following new items: 
‘‘133a. Under Secretary of Defense for Research and Engineering. 
‘‘133b. Under Secretary of Defense for Acquisition and Sustainment.’’. 
(h) EXECUTIVE SCHEDULE LEVEL II.—Effective on February 1, 
2018, section 5313 of title 5, United States Code, is amended 
by striking the item relating to the Under Secretary of Defense 
for Acquisition, Technology, and Logistics and inserting the fol-
lowing new items: 
‘‘Under Secretary of Defense for Research and Engineering. 
‘‘Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment.’’. 
(i) REVIEW REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a review and identify a recommended organizational and 
management structure for the Department of Defense that 
implements the organizational policy guidance expressed in 
this section and the amendments made by this section. 
(2) ELEMENTS.—The review and recommendations shall 
address, but not be limited to, the following: 
5 USC 5313 note. 
10 USC 131 prec. 
10 USC 131 prec. 
10 USC 131 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(A) The organizational and management structure of 
the Department including the disposition of leadership posi-
tions, subordinate organizations, and defined relationships 
across such leadership positions and organizations. 
(B) The recommended disposition within the Office of 
the Secretary of Defense of the various Assistant Secre-
taries of Defense, Deputy Assistant Secretaries of Defense, 
and Directors affected by the organizational policy guid-
ance. 
(C) The specific delineation of roles, responsibilities, 
and authorities, as directed by the Secretary, for the 
organizational and management structure covered by 
subparagraph (A). 
(j) REPORTS.— 
(1) INTERIM REPORT.—Not later than March 1, 2017, the 
Secretary of Defense shall submit to the congressional defense 
committees an interim report on the review and recommended 
organizational and management structure for the Department 
of Defense as required by subsection (i). 
(2) FINAL REPORT.—Not later than August 1, 2017, the 
Secretary shall submit to the congressional defense committees 
a final report on the review and recommended organizational 
and management structure, including— 
(A) a proposed implementation plan for how the 
Department would implement its recommendations; 
(B) recommendations for revisions to appointments and 
qualifications, duties and powers, and precedent in the 
Department; 
(C) recommendations for such legislative and adminis-
trative action, including conforming and other amendments 
to law, as the Secretary considers appropriate to implement 
the plan; and 
(D) any other matters that the Secretary considers 
appropriate. 
SEC. 
902. 
RESPONSIBILITIES 
AND 
REPORTING 
OF 
THE 
CHIEF 
INFORMATION 
OFFICER 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE. 
(a) IN GENERAL.—Section 142(b)(1) of title 10, United States 
Code, is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at the end; 
(2) in subparagraph (D), by striking the period at the 
end and inserting a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
‘‘(E) exercises authority, direction, and control over the 
Defense Information Systems Agency, or any successor 
organization; 
‘‘(F) has the responsibilities for policy, oversight, guidance, 
and coordination for all Department of Defense matters related 
to electromagnetic spectrum, including coordination with other 
Federal and industry agencies, coordination for classified pro-
grams, and in coordination with the Under Secretary for Per-
sonnel and Readiness, policies related to spectrum management 
workforce; 
‘‘(G) has the responsibilities for policy, oversight, guidance, 
and coordination for nuclear command and control systems; 
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‘‘(H) has the responsibilities for policy, oversight, and guid-
ance for matters related to precision navigation and timing; 
and 
‘‘(I) has the responsibilities for policy, oversight, and guid-
ance for the architecture and programs related to the net-
working and cyber defense architecture of the Department.’’. 
(b) DIRECT
REPORTING.—Section 151(b)(5) of such title is 
amended by inserting before the period at the end the following: 
‘‘, who reports directly to the Secretary and Deputy Secretary with-
out intervening authority’’. 
SEC. 903. MAXIMUM NUMBER OF PERSONNEL IN THE OFFICE OF THE 
SECRETARY OF DEFENSE AND OTHER DEPARTMENT OF 
DEFENSE HEADQUARTERS OFFICES. 
(a) OFFICE OF THE SECRETARY OF DEFENSE.—Section 143(b) 
of title 10, United States Code, is amended by striking ‘‘and civilian 
personnel’’ and inserting ‘‘, civilian, and detailed personnel’’. 
(b) JOINT STAFF.— 
(1) IN
GENERAL.—Section 155 of such title is amended 
by adding at the end the following new subsection: 
‘‘(h) PERSONNEL LIMITATIONS.—(1) The total number of mem-
bers of the armed forces and civilian employees assigned or detailed 
to permanent duty for the Joint Staff may not exceed 2,069. 
‘‘(2) Not more than 1,500 members of the armed forces on 
the active-duty list may be assigned or detailed to permanent duty 
for the Joint Staff. 
‘‘(3) The limitations in paragraphs (1) and (2) do not apply 
in time of war. 
‘‘(4) Each limitation in paragraphs (1) and (2) may be exceeded 
by a number equal to 15 percent of such limitation in time of 
national emergency.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on December 31, 2019. 
(c) OFFICE OF THE SECRETARY OF THE ARMY.—Section 3014(f) 
of such title is amended— 
(1) in paragraph (4), by striking ‘‘time of war’’ and all 
that follows and inserting ‘‘time of war.’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded 
by a number equal to 15 percent of such limitation in time of 
national emergency.’’. 
(d) OFFICE OF THE SECRETARY OF THE NAVY.—Section 5014(f) 
of such title is amended— 
(1) in paragraph (4), by striking ‘‘time of war’’ and all 
that follows and inserting ‘‘time of war.’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded 
by a number equal to 15 percent of such limitation in time of 
national emergency.’’. 
(e) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section 
8014(f) of such title is amended— 
(1) in paragraph (4), by striking ‘‘time of war’’ and all 
that follows and inserting ‘‘time of war.’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded 
by a number equal to 15 percent of such limitation in time of 
national emergency.’’. 
10 USC 155 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 904. REPEAL OF FINANCIAL MANAGEMENT MODERNIZATION 
EXECUTIVE COMMITTEE. 
(a) REPEAL.—Section 185 of title 10, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of such title is amended by striking the item 
relating to section 185. 
Subtitle B—Organization and Management 
of the Department of Defense Generally 
SEC. 911. ORGANIZATIONAL STRATEGY FOR THE DEPARTMENT OF 
DEFENSE. 
(a) ORGANIZATIONAL STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than September 1, 2017, the 
Secretary of Defense shall formulate and issue to the Depart-
ment of Defense an organizational strategy for the Department 
that— 
(A) identifies the critical objectives and other organiza-
tional outputs for the Department that span multiple func-
tional boundaries and would benefit from the use of cross- 
functional teams under this section to ensure collaboration 
and integration across organizations within the Depart-
ment; 
(B) improves the manner in which the Department 
integrates the expertise and capacities of the functional 
components of the Department for effective and efficient 
achievement of such objectives and outputs; 
(C) improves the management of relationships and 
processes involving the Office of the Secretary of Defense, 
the Joint Staff, the combatant commands, the military 
departments, and the Defense Agencies with regard to 
such objectives and outputs; 
(D) improves the ability of the Department to work 
effectively in interagency processes with regard to such 
objectives and outputs in order to better serve the Presi-
dent; and 
(E) achieves an organizational structure that enhances 
performance with regard to such objectives and outputs. 
(2) ELEMENTS.—The strategy shall provide for the fol-
lowing: 
(A) The appropriate use of cross-functional teams to 
manage critical objectives and outputs of the Department 
described in paragraph (1)(A). 
(B) The furtherance and advancement of a collabo-
rative, team-oriented, results-driven, and innovative cul-
ture within the Department that fosters an open debate 
of ideas and alternative courses of action, and supports 
cross-functional teaming and integration. 
(b) ACTIONS IN SUPPORT OF STRATEGY.— 
(1) STUDY.—The Department of Defense shall conduct a 
study of the following in order to determine how best to imple-
ment effective cross-functional teams in the Department to 
achieve the strategic objectives of the Secretary of Defense: 
10 USC 111 note. 
10 USC 171 prec. 
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130 STAT. 2346 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) Lessons learned, as reflected in academic literature, 
business and management school case studies, and the 
work of leading management consultant firms, on the 
successful and failed application of cross-functional teams 
in the private sector and government, and on the cultural 
factors necessary to support effective cross-functional 
teams. 
(B) The historical and current use by the Department 
of cross-functional working groups, integrated process 
teams, councils, and committees, and the reasons why such 
entities have or have not achieved high levels of teamwork 
or effectiveness. 
(2) CONDUCT OF STUDY.—The study required by paragraph 
(1) shall be conducted by an independent organization with 
widely acknowledged expertise in modern organizational 
management and teaming selected by the Secretary for pur-
poses of the study. 
(3) SCHEDULE.—The Secretary shall award any necessary 
contract for the study required by paragraph (1) pursuant to 
paragraph (2) by not later than March 15, 2017, and shall 
provide the results of the study to the congressional defense 
committees by not later than July 15, 2017. 
(c) CROSS-FUNCTIONAL TEAMS.—In support of the strategy 
required by subsection (a): 
(1) IN GENERAL.—The Secretary of Defense shall establish 
cross-functional teams to address critical objectives and outputs 
for such teams as are determined to be appropriate in accord-
ance with the organizational strategy issued under subsection 
(a), with initial teams established by not later than September 
30, 2017. 
(2) PURPOSES.—The purposes of cross-functional teams 
established pursuant to this subsection shall be, as determined 
appropriate by the Secretary— 
(A) to provide for effective collaboration and integration 
across organizational and functional boundaries in the 
Department of Defense; 
(B) to develop, at the direction of the Secretary, rec-
ommendations for comprehensive and fully integrated poli-
cies, strategies, plans, and resourcing decisions; 
(C) to make decisions on cross-functional issues, to 
the extent authorized by the Secretary and within param-
eters established by the Secretary; and 
(D) to provide oversight for and, as directed by the 
Secretary, supervise the implementation of approved poli-
cies, strategies, plans, and resourcing decisions approved 
by the Secretary. 
(3) GUIDANCE ON TEAMS.—Not later than September 30, 
2017, the Secretary shall issue guidance— 
(A) addressing the role, authorities, reporting relation-
ships, resourcing, manning, training, and operations of 
cross-functional teams established pursuant to this sub-
section; 
(B) delineating decision-making authority of such 
teams; 
(C) providing that the leaders of functional components 
of the Department that provide personnel to such teams 
respect and respond to team needs and activities; and 
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130 STAT. 2347 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) emphasizing that personnel selected for assignment 
to such teams shall faithfully represent the views and 
expertise of their functional components while contributing 
to the best of their ability to the success of the team 
concerned. 
(4) PARTICIPANTS.—In establishing a cross-functional team 
pursuant to this subsection, the Secretary shall consider per-
sonnel from the Office of the Secretary of Defense, the Joint 
Staff, the military departments, and the Defense Agencies in 
all functional areas that the Secretary considers appropriate. 
(5) TEAM
PERSONNEL.—For each cross-functional team 
established by the Secretary pursuant to this subsection, the 
Secretary shall— 
(A) assign as leader of such team a senior qualified 
and experienced individual, who shall report directly to 
the Secretary regarding the activities of such team; 
(B) delegate to the team leader designated pursuant 
to subparagraph (A) authority to select members of such 
team from among civilian employees of the Department 
and members of the Armed Forces in any grade who are 
recommended for membership on such team by the head 
of a functional component of the Department within the 
Office of the Secretary of Defense, the Joint Staff, and 
the military departments, by the commander of a combat-
ant command, or by the director of a Defense Agency; 
(C) provide the team leader with necessary full time 
support from team members, and the means to co-locate 
team members; 
(D) ensure that team members and all leaders in func-
tional organizations that are in the supervisory chain for 
personnel serving on such team receive training in elements 
of successful cross-functional teams, including teamwork, 
collaboration, conflict resolution, and appropriately rep-
resenting the views and expertise of their functional compo-
nents; and 
(E) ensure that the congressional defense committees 
are provided information on the progress and results of 
such team upon request. 
(6) TEAM STRATEGIES AND DECISION-MAKING AUTHORITY.— 
(A) IN GENERAL.—The Secretary shall ensure that the 
objectives of each cross-functional team established pursu-
ant to this subsection are clearly established in writing, 
through a memorandum, statement, charter, or similar 
document. 
(B) METRICS.—To improve team performance and 
accountability, the Secretary shall task each team, as 
appropriate, to establish a strategy to achieve the objectives 
specified by the Secretary, metrics for evaluation of the 
achievement of such objectives by such team, and the align-
ment of individual and team goals for the achievement 
of such objectives by such team. 
(C) DELEGATION OF AUTHORITY.—The Secretary may 
delegate to a team any decision-making authority that, 
and shall delegate such authority as, the Secretary con-
siders appropriate to permit such team to achieve the objec-
tives established by the Secretary. 
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130 STAT. 2348 
PUBLIC LAW 114–328—DEC. 23, 2016 
(7) REVIEW OF TEAMS.—Not later than 18 months after 
the date on which the first cross-functional team is established 
pursuant to this subsection, the Secretary shall complete an 
analysis, with support from external experts in organizational 
and management sciences, of the successes and failures of 
teams established pursuant to this subsection, and determine 
how to apply the lessons learned from that analysis. 
(8) REPORT ON ESTABLISHMENT.—Not later than 18 months 
after the date of the enactment of this Act, the Secretary 
shall submit to Congress a report on the establishment of 
cross-functional teams under this subsection, including descrip-
tions from the leaders of teams established prior to the date 
on which this report is submitted of the manner in which 
the teams were designed and how they functioned. 
(d) DIRECTIVE ON COLLABORATIVE CULTURE AND BEHAVIOR.— 
The guidance issued by the Secretary of Defense pursuant to sub-
section (c)(3) shall also— 
(1) articulate the shared purposes, values, and principles 
for the operation of the Office of the Secretary of Defense 
that are required to promote a team-oriented, collaborative, 
results-driven culture within the Office to support the primary 
objectives of the Department of Defense; 
(2) ensure that collaboration across functional and 
organizational boundaries is an important factor in the perform-
ance review of leaders of cross-functional teams established 
pursuant to subsection (c), members of teams, and other appro-
priate leaders of the Department; and 
(3) identify key practices that senior leaders of the Depart-
ment should follow with regard to leadership, organizational 
practice, collaboration, and the functioning of cross-functional 
teams, and the types of personnel behavior that senior leaders 
should encourage and discourage. 
(e) STREAMLINING OF ORGANIZATIONAL STRUCTURE AND PROC-
ESSES OF OSD.—Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Defense shall take such 
actions as the Secretary considers appropriate to streamline the 
organizational structure and processes of the Office of the Secretary 
of Defense in order to increase spans of control, achieve a reduction 
in layers of management, eliminate unnecessary duplication 
between the Office and the Joint Staff, and reduce the time required 
to complete standard processes and activities. 
(f) TRAINING FOR INDIVIDUALS NOMINATED FOR APPOINTMENT 
FOR OSD POSITIONS CONFIRMED BY THE SENATE.— 
(1) IN GENERAL.—Within three months of the appointment 
of an individual to a position in the Office of the Secretary 
of Defense appointable by and with the advice and consent 
of the Senate, the individual shall complete a course of instruc-
tion in leadership, modern organizational practice, collabora-
tion, and the operation of teams described in subsection (c). 
(2) WAIVER.—The President may waive the requirement 
in paragraph (1) with respect to an individual if the Secretary 
determines in writing that the individual possesses, through 
training and experience, the skill and knowledge otherwise 
to be provided through a course of instruction as described 
in that paragraph. 
(g) COMPTROLLER GENERAL OF THE UNITED STATES ASSESS-
MENTS.— 
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130 STAT. 2349 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) BIANNUAL REPORT ON ASSESSMENTS.—Not later than 
six months after the date of the enactment of this Act, and 
every six months thereafter through December 31, 2019, the 
Comptroller General of the United States shall submit to the 
Committees on Armed Services of the Senate and the House 
of Representatives a report setting forth a comprehensive 
assessment of the actions taken under this section during the 
six-month period ending on the date of such report and cumula-
tively since the date of the enactment of this Act. 
(2) ASSESSMENT
TEAM.—The Comptroller General may 
establish within the Government Accountability Office a team 
of analysts to assist the Comptroller General in the performance 
assessments required by this subsection. 
SEC. 912. POLICY, ORGANIZATION, AND MANAGEMENT GOALS AND 
PRIORITIES OF THE SECRETARY OF DEFENSE FOR THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—A Secretary of Defense serving in that posi-
tion pursuant to an appointment to that position after January 
20, 2017, shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives, not later than each 
of the deadlines specified in subsection (b), a report on the policy, 
organization, and management goals and priorities of the Secretary 
for the Department of Defense. Each report shall include, current 
as of the date of such report, an identification of the following: 
(1) Policy goals and priorities, including specific and meas-
urable performance and implementation targets. 
(2) Organization and management goals and priorities, 
including 
specific 
and 
measurable 
performance 
and 
implementation targets that address, but are not limited to, 
the following: 
(A) The elimination or consolidation of any unnecessary 
or redundant functions within the Department. 
(B) Force management and shaping, including rec-
ommendations for such legislative action as is required 
to meet force management and shaping goals and priorities. 
(C) The delayering or reorganization of headquarters 
organizations across the Department. 
(3) Any other goals or priorities for the Department the 
Secretary considers appropriate. 
(b) DEADLINES.—The deadlines for the submittal of reports 
under subsection (a) are April 1, 2017, and February 1 of each 
year thereafter though 2022. 
(c) BRIEFINGS SATISFY LATER REPORTING REQUIREMENTS.—Any 
report required under subsection (a) after the initial report may 
be provided in the form of a briefing. 
SEC. 913. SECRETARY OF DEFENSE DELIVERY UNIT. 
(a) IN GENERAL.—The Secretary of Defense serving in that 
position as of March 1, 2017, may establish within the Office 
of the Secretary of Defense a unit of personnel that shall be respon-
sible for providing expertise and support throughout the Depart-
ment of Defense in an effort to improve the implementation of 
policies and priorities across the Department. The unit may be 
known as the ‘‘delivery unit’’. 
(b) COMPOSITION.—The unit established pursuant to subsection 
(a) shall consist of not more than 30 individuals selected by the 
10 USC 131 note. 
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130 STAT. 2350 
PUBLIC LAW 114–328—DEC. 23, 2016 
Secretary primarily from among individuals outside the Govern-
ment who have significant experience and expertise in management 
consulting, organizational architecture, relationship management, 
or data analytics. 
(c) DUTIES.—The unit established pursuant to subsection (a) 
shall have the duties as follows: 
(1) To advise the Secretary on improving the implementa-
tion and delivery of policies and priorities of the Department, 
including making recommendations on establishing perform-
ance or implementation targets, assisting in the development 
of delivery plans to achieve targets, and monitoring and meas-
uring progress. 
(2) To work across organizations, missions, and functions 
of the Department in order to identify obstacles to improving 
the implementation of policies and priorities of the Department, 
including organization, culture, and incentives, and to rec-
ommend options to the Secretary for addressing such obstacles. 
(d) SUNSET.—The unit established pursuant to subsection (a) 
shall sunset on January 31, 2021. 
SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER-
SONNEL. 
Section 129a of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(g) PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER-
SONNEL.—(1) Functions performed by civilian personnel should not 
be performed by military personnel except— 
‘‘(A) if the Secretary of the military department concerned 
determines in writing based on mission requirements that the 
performance of such functions by military personnel, including 
a permanent conversion of such functions to performance by 
military personnel, is cost-effective or required by a mission; 
or 
‘‘(B) if the performance of such functions by military per-
sonnel is required to address critical staffing needs resulting 
from a reduction in personnel or budgetary resources by reason 
of an Act of Congress, in which case such functions may not 
be performed by military personnel for a period in excess of 
one year. 
‘‘(2) In determining the workforce mix between civilian and 
military personnel, the Secretary of a military department shall 
reserve military personnel for the performance of the functions 
that, in the estimation of the Secretary, are required to be performed 
by military personnel in order to achieve national defense goals 
or in order to enable the proper functioning of the military depart-
ment. In making workforce decisions, the Secretary shall account 
for the relative budgetary impact of military versus civilian per-
sonnel in determining the functions required to be performed by 
military personnel.’’. 
SEC. 915. REPEAL OF REQUIREMENTS RELATING TO EFFICIENCIES 
PLAN FOR THE CIVILIAN PERSONNEL WORKFORCE AND 
SERVICE CONTRACTOR WORKFORCE OF THE DEPART-
MENT OF DEFENSE. 
Section 955 of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1896; 10 U.S.C. 129a 
note) is repealed. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle C—Joint Chiefs of Staff and 
Combatant Command Matters 
SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COM-
MAND MATTERS. 
(a) FUNCTIONS OF JOINT CHIEFS OF STAFF.— 
(1) CONSULTATION BY CHAIRMAN.—Subsection (c)(1) of sec-
tion 151 of title 10, United States Code, is amended by striking 
‘‘as he considers appropriate’’ and inserting ‘‘as necessary’’. 
(2) MODIFICATION OF ADVICE AND OPINIONS OF MEMBERS 
OTHER THAN CHAIRMAN.—Such section is further amended— 
(A) in subsection (b)(2), by striking ‘‘subsections (d) 
and (e)’’ and inserting ‘‘subsection (d)’’; 
(B) in subsection (d)— 
(i) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and 
(ii) by inserting before paragraph (1), as redesig-
nated by clause (i), the following new paragraph (1): 
‘‘(1) After first informing the Secretary of Defense and the 
Chairman, the members of the Joint Chiefs of Staff, individually 
or collectively, in their capacity as military advisors, may provide 
advice to the President, the National Security Council, the Home-
land Security Council, or the Secretary of Defense on a particular 
matter on the judgment of the military member.’’; and 
(C) by striking subsection (e). 
(b) TERM AND REAPPOINTMENT OF CHAIRMAN OF THE JOINT 
CHIEFS OF STAFF.— 
(1) IN GENERAL.—Section 152(a) of title 10, United States 
Code, is amended— 
(A) in paragraph (1), by striking ‘‘two years, beginning 
on October 1 of odd-numbered years’’ and all that follows 
and inserting ‘‘four years, beginning on October 1 of an 
odd-numbered year. The limitation does not apply in time 
of war.’’; and 
(B) by striking paragraph (3) and inserting the fol-
lowing new paragraph (3): 
‘‘(3) The President may extend to eight years the combined 
period of service of an officer as Chairman and Vice Chairman 
if the President determines that such action is in the national 
interest. The limitation in this paragraph does not apply in time 
of war.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect on January 1, 2019, and shall apply to 
individuals appointed as Chairman of the Joint Chiefs of Staff 
on or after that date. 
(c) FUNCTIONS
OF CHAIRMAN
OF JOINT CHIEFS
OF STAFF.— 
The text of section 153 of title 10, United States Code, is amended 
to read as follows: 
‘‘Subject to the authority, direction, and control of the President 
and the Secretary of Defense, the Chairman of the Joint Chiefs 
of Staff shall be responsible for the following 
‘‘(1) STRATEGIC
DIRECTION.—Assisting the President and 
the Secretary in providing for the strategic direction of the 
armed forces. 
‘‘(2) STRATEGIC AND CONTINGENCY PLANNING.—In matters 
relating to strategic and contingency planning— 
10 USC 152 note. 
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130 STAT. 2352 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) developing strategic frameworks and preparing 
strategic plans, as required, to guide the use and employ-
ment of military force and related activities across all 
geographic regions and military functions and domains, 
and to sustain military efforts over different durations 
of time, as necessary; 
‘‘(B) advising the Secretary on the production of the 
national defense strategy required by section 113(g) of this 
title and the national security strategy required by section 
108 of the National Security Act of 1947 (50 U.S.C. 3043); 
‘‘(C) preparing military analysis, options, and plans, 
as the Chairman considers appropriate, to recommend to 
the President and the Secretary; 
‘‘(D) providing for the preparation and review of contin-
gency plans which conform to policy guidance from the 
President and the Secretary; and 
‘‘(E) preparing joint logistic and mobility plans to sup-
port national defense strategies and recommending the 
assignment of responsibilities to the armed forces in accord-
ance with such plans. 
‘‘(3) GLOBAL MILITARY INTEGRATION.—In matters relating 
to global military strategic and operational integration— 
‘‘(A) providing advice to the President and the Sec-
retary on ongoing military operations; and 
‘‘(B) advising the Secretary on the allocation and 
transfer of forces among geographic and functional combat-
ant commands, as necessary, to address transregional, 
multi-domain, and multifunctional threats. 
‘‘(4) COMPREHENSIVE JOINT READINESS.—In matters relating 
to comprehensive joint readiness— 
‘‘(A) evaluating the overall preparedness of the joint 
force to perform the responsibilities of that force under 
national defense strategies and to respond to significant 
contingencies worldwide; 
‘‘(B) assessing the risks to United States missions, 
strategies, and military personnel that stem from shortfalls 
in military readiness across the armed forces, and devel-
oping risk mitigation options; 
‘‘(C) advising the Secretary on critical deficiencies and 
strengths in joint force capabilities (including manpower, 
logistics, and mobility support) identified during the 
preparation and review of national defense strategies and 
contingency plans and assessing the effect of such defi-
ciencies and strengths on meeting national security objec-
tives and policy and on strategic plans; 
‘‘(D) advising the Secretary on the missions and func-
tions that are likely to require contractor or other external 
support to meet national security objectives and policy 
and strategy, and the risks associated with such support; 
and 
‘‘(E) establishing and maintaining, after consultation 
with the commanders of the unified and specified combat-
ant commands, a uniform system of evaluating the 
preparedness of each such command, and groups of com-
mands collectively, to carry out missions assigned to the 
command or commands. 
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130 STAT. 2353 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(5) JOINT CAPABILITY DEVELOPMENT.—In matters relating 
to joint capability development— 
‘‘(A) identifying new joint military capabilities based 
on advances in technology and concepts of operation needed 
to maintain the technological and operational superiority 
of the armed forces, and recommending investments and 
experiments in such capabilities to the Secretary; 
‘‘(B) performing military net assessments of the joint 
capabilities of the armed forces of the United States and 
its allies in comparison with the capabilities of potential 
adversaries; 
‘‘(C) advising the Secretary under section 163(b)(2) of 
this title on the priorities of the requirements identified 
by the commanders of the unified and specified combatant 
commands; 
‘‘(D) advising the Secretary on the extent to which 
the program recommendations and budget proposals of the 
military departments and other components of the Depart-
ment of Defense for a fiscal year conform with the priorities 
established in national defense strategies and with the 
priorities established for the requirements of the unified 
and specified combatant commands; 
‘‘(E) advising the Secretary on new and alternative 
joint military capabilities, and alternative program rec-
ommendations and budget proposals, within projected 
resource levels and guidance provided by the Secretary, 
in order to achieve greater conformance with the priorities 
referred to in subparagraph (D); 
‘‘(F) assessing joint military capabilities and identi-
fying, approving, and prioritizing gaps in such capabilities 
to meet national defense strategies, pursuant to section 
181 of this title; and 
‘‘(G) recommending to the Secretary appropriate trade- 
offs among life-cycle cost, schedule, performance, and 
procurement quantity objectives in the acquisition of mate-
riel and equipment to support the strategic and contingency 
plans required by this paragraph in the most effective 
and efficient manner. 
‘‘(6) JOINT
FORCE
DEVELOPMENT
ACTIVITIES.—In matters 
relating to joint force development activities— 
‘‘(A) developing doctrine for the joint employment of 
the armed forces; 
‘‘(B) formulating policies and technical standards, and 
executing actions, for the joint training of the armed forces; 
‘‘(C) formulating policies for coordinating the military 
education of members of the armed forces; 
‘‘(D) formulating policies for concept development and 
experimentation for the joint employment of the armed 
forces; 
‘‘(E) formulating policies for gathering, developing, and 
disseminating joint lessons learned for the armed forces; 
and 
‘‘(F) advising the Secretary on development of joint 
command, control, communications, and cybercapability, 
including integration and interoperability of such capa-
bility, through requirements, integrated architectures, data 
standards, and assessments. 
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130 STAT. 2354 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(7) OTHER MATTERS.—In other matters— 
‘‘(A) recommending to the Secretary, in accordance with 
section 166 of this title, a budget proposal for activities 
of each unified and specified combatant command; 
‘‘(B) providing for representation of the United States 
on the Military Staff Committee of the United Nations 
in accordance with the Charter of the United Nations; 
and 
‘‘(C) performing such other duties as may be prescribed 
by law or by the President or the Secretary.’’. 
(d) VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF MATTERS.— 
(1) TERM OF SERVICE.—Paragraph (3) of section 154(a) of 
title 10, United States Code, is amended by striking ‘‘for a 
term of two years’’ and all that follows and inserting ‘‘for 
a single term of four years, beginning on October 1 of an 
odd-numbered year, except that the term may not begin in 
the same year as the term of a Chairman. In time of war, 
there is no limit on the number of reappointments.’’. 
(2) INELIGIBILITY FOR SERVICE AS CHAIRMAN OR ANY OTHER 
POSITION
IN
THE
ARMED
FORCES.—Such section is further 
amended by adding at the end the following new paragraph: 
‘‘(4)(A) The Vice Chairman shall not be eligible for promotion 
to the position of Chairman or any other position in the armed 
forces. 
‘‘(B) The President may waive subparagraph (A) if the President 
determines such action is necessary in the national interest.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on January 1, 2021, and shall apply 
to individuals appointed as Vice Chairman of the Joint Chiefs 
of Staff on or after that date. 
(e) COMMANDERS OF THE COMBATANT COMMANDS.—Section 164 
of title 10, United States Code, is amended— 
(1) in subsection (b), by adding at the end the following 
new paragraph: 
‘‘(3) Among the full range of command responsibilities specified 
in subsection (c) and as provided for in section 161 of this title, 
the primary duties of the commander of a combatant command 
shall be as follows: 
‘‘(A) To produce plans for the employment of the armed 
forces to execute national defense strategies and respond to 
significant military contingencies. 
‘‘(B) To take actions, as necessary, to deter conflict. 
‘‘(C) To command United States armed forces as directed 
by the Secretary and approved by the President.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(h) SUPPORT TO CHAIRMAN OF THE JOINT CHIEFS OF STAFF.— 
The commander of a combatant command shall provide such 
information to the Chairman of the Joint Chiefs of Staff as may 
be necessary for the Chairman to perform the duties of the Chair-
man under section 153 of this title.’’. 
SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR 
MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPE-
CIAL OPERATIONS. 
(a) RESPONSIBILITY OF ASSISTANT SECRETARY OF DEFENSE FOR 
SPECIAL
OPERATIONS
AND
LOW
INTENSITY
CONFLICT.—Section 
138(b)(4) of title 10, United States Code, is amended by adding 
10 USC 154 note. 
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130 STAT. 2355 
PUBLIC LAW 114–328—DEC. 23, 2016 
at the end the following new sentence: ‘‘Subject to the authority, 
direction, and control of the Secretary of Defense, the Assistant 
Secretary shall do the following: 
‘‘(A) Exercise authority, direction, and control of all special- 
operations peculiar administrative matters relating to the 
organization, training, and equipping of special operations 
forces. 
‘‘(B) Assist the Secretary and the Under Secretary of 
Defense for Policy in the development and supervision of policy, 
program planning and execution, and allocation and use of 
resources for the activities of the Department of Defense for 
the following: 
‘‘(i) Irregular warfare, combating terrorism, and the 
special operations activities specified by section 167(k) of 
this title. 
‘‘(ii) Integrating the functional activities of the head-
quarters of the Department to most efficiently and effec-
tively provide for required special operations forces and 
capabilities. 
‘‘(iii) Such other matters as may be specified by the 
Secretary and the Under Secretary.’’. 
(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT COUNCIL.— 
(1) IN GENERAL.—Chapter 4 of title 10, United States Code, 
as amended by section 901(e)(2) of this Act, is further amended 
by inserting after section 139a the following new section: 
‘‘§ 139b. Special Operations Policy and Oversight Council 
‘‘(a) IN GENERAL.—In order to fulfill the responsibilities speci-
fied in section 138(b)(4) of this title, the Assistant Secretary of 
Defense for Special Operations and Low Intensity Conflict, or the 
designee of the Assistant Secretary, shall establish and lead a 
team to be known as the ‘Special Operations Policy and Oversight 
Council’ (in this section referred to as the ‘Council’). 
‘‘(b) PURPOSE.—The purpose of the Council is to integrate the 
functional activities of the headquarters of the Department of 
Defense in order to most efficiently and effectively provide for 
special operations forces and capabilities. In fulfilling this purpose, 
the Council shall develop and continuously improve policy, joint 
processes, and procedures that facilitate the development, acquisi-
tion, integration, employment, and sustainment of special oper-
ations forces and capabilities. 
‘‘(c) MEMBERSHIP.—The Council shall include the following: 
‘‘(1) The Assistant Secretary, who shall act as leader of 
the Council. 
‘‘(2) Appropriate senior representatives of each of the fol-
lowing: 
‘‘(A) The Under Secretary of Defense for Research and 
Engineering. 
‘‘(B) The Under Secretary of Defense for Management 
and Support. 
‘‘(C) The Under Secretary of Defense (Comptroller). 
‘‘(D) The Under Secretary of Defense for Personnel 
and Readiness. 
‘‘(E) The Under Secretary of Defense for Intelligence. 
‘‘(F) The General Counsel of the Department of 
Defense. 
10 USC 139b. 
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130 STAT. 2356 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(G) The other Assistant Secretaries of Defense under 
the Under Secretary of Defense for Policy. 
‘‘(H) The military departments. 
‘‘(I) The Joint Staff. 
‘‘(J) The United States Special Operations Command. 
‘‘(K) Such other officials or Agencies, elements, or 
components of the Department of Defense as the Secretary 
of Defense considers appropriate 
‘‘(d) OPERATION.—The Council shall operate continuously.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 4 of such title, as amended by section 
901(g)(1) of this Act, is further amended by inserting after 
the item relating to section 139a the following new item: 
‘‘139b. Special Operations Policy and Oversight Council.’’. 
(c) US SPECIAL OPERATIONS COMMAND MATTERS.— 
(1) AUTHORITY OF COMMANDER.—Subsection (e)(2) of section 
167 of title 10, United States Code, is amended— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘The commander’’ and inserting ‘‘Subject to the 
authority, direction, and control of the Assistant Secretary 
of Defense for Special Operations and Low Intensity Con-
flict, the commander’’; and 
(B) by striking subparagraph (J) and inserting the 
following new subparagraph (J): 
‘‘(J) Monitoring the promotions of special operations forces 
and coordinating with the military departments regarding the 
assignment, retention, training, professional military education, 
and special and incentive pays of special operations forces.’’. 
(2) ADMINISTRATIVE CHAIN OF COMMAND.—Such section is 
further amended— 
(A) by redesignating subsections (f) through (k) as sub-
sections (g), through (l), respectively; and 
(B) by inserting after subsection (e) the following new 
subsection (f): 
‘‘(f) ADMINISTRATIVE CHAIN OF COMMAND.—(1) Unless otherwise 
directed by the President, the administrative chain of command 
to the special operations command runs— 
‘‘(A) from the President to the Secretary of Defense; 
‘‘(B) from the Secretary of Defense to the Assistant Sec-
retary of Defense for Special Operations and Low Intensity 
Conflict; and 
‘‘(C) from the Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict to the commander of 
the special operations command. 
‘‘(2) For purposes of this subsection, administrative chain of 
command refers to the exercise of authority, direction and control 
with respect to the special operations-peculiar administration and 
support of the special operations command, including the readiness 
and organization of special operations forces, resources and equip-
ment, and civilian personnel. It does not refer to the exercise 
of authority, direction, and control of operational matters that are 
subject to the operational chain of command of the commanders 
of combatant commands or the exercise of authority, direction, 
and control of personnel, resources, equipment, and other matters 
that are not special operations-peculiar that are the purview of 
the armed forces.’’. 
10 USC 131 prec. 
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130 STAT. 2357 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 923. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR 
CYBER OPERATIONS. 
(a) ESTABLISHMENT OF CYBER COMMAND.—Chapter 6 of title 
10, United States Code, is amended by inserting after section 167a 
the following new section: 
‘‘§ 167b. Unified combatant command for cyber operations 
‘‘(a) ESTABLISHMENT.—With the advice and assistance of the 
Chairman of the Joint Chiefs of Staff, the President, through the 
Secretary of Defense, shall establish under section 161 of this 
title a unified combatant command for cyber operations forces 
(hereinafter in this section referred to as the ‘cyber command’). 
The principal function of the command is to prepare cyber oper-
ations forces to carry out assigned missions. 
‘‘(b) ASSIGNMENT
OF FORCES.—Unless otherwise directed by 
the Secretary of Defense, all active and reserve cyber operations 
forces of the armed forces stationed in the United States shall 
be assigned to the cyber command. 
‘‘(c) GRADE OF COMMANDER.—The commander of the cyber com-
mand shall hold the grade of general or, in the case of an officer 
of the Navy, admiral while serving in that position, without vacating 
that officer’s permanent grade. The commander of such command 
shall be appointed to that grade by the President, by and with 
the advice and consent of the Senate, for service in that position. 
‘‘(d) COMMAND OF ACTIVITY OR MISSION.—(1) Unless otherwise 
directed by the President or the Secretary of Defense, a cyber 
operations activity or mission shall be conducted under the com-
mand of the commander of the unified combatant command in 
whose geographic area the activity or mission is to be conducted. 
‘‘(2) The commander of the cyber command shall exercise com-
mand of a selected cyber operations mission if directed to do so 
by the President or the Secretary of Defense. 
‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In addition 
to the authority prescribed in section 164(c) of this title, the com-
mander of the cyber command shall be responsible for, and shall 
have the authority to conduct, all affairs of such command relating 
to cyber operations activities. 
‘‘(2)(A) Subject to the authority, direction, and control of the 
Principal Cyber Advisor, the commander of such command shall 
be responsible for, and shall have the authority to conduct, the 
following functions relating to cyber operations activities (whether 
or not relating to the cyber command): 
‘‘(i) Developing strategy, doctrine, and tactics. 
‘‘(ii) Preparing and submitting to the Secretary of Defense 
program recommendations and budget proposals for cyber oper-
ations forces and for other forces assigned to the cyber com-
mand. 
‘‘(iii) Exercising authority, direction, and control over the 
expenditure of funds— 
‘‘(I) for forces assigned directly to the cyber command; 
and 
‘‘(II) for cyber operations forces assigned to unified 
combatant commands other than the cyber command, with 
respect to all matters covered by section 807 of the National 
Defense Authorization Act for Fiscal Year 2014 (Public 
Law 114–92; 129 Stat. 886; 10 U.S.C. 2224 note) and, 
10 USC 167b. 
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130 STAT. 2358 
PUBLIC LAW 114–328—DEC. 23, 2016 
with respect to a matter not covered by such section, to 
the extent directed by the Secretary of Defense. 
‘‘(iv) Training and certification of assigned joint forces. 
‘‘(v) Conducting specialized courses of instruction for 
commissioned and noncommissioned officers. 
‘‘(vi) Validating requirements. 
‘‘(vii) Establishing priorities for requirements. 
‘‘(viii) Ensuring the interoperability of equipment and 
forces. 
‘‘(ix) Formulating and submitting requirements for intel-
ligence support. 
‘‘(x) Monitoring the promotion of cyber operation forces 
and coordinating with the military departments regarding the 
assignment, retention, training, professional military education, 
and special and incentive pays of cyber operation forces. 
‘‘(B) The authority, direction, and control exercised by the Prin-
cipal Cyber Advisor for purposes of this section is authority, direc-
tion, and control with respect to the administration and support 
of the cyber command, including readiness and organization of 
cyber operations forces, cyber operations-peculiar equipment and 
resources, and civilian personnel. 
‘‘(C) Nothing in this section shall be construed as providing 
the Principal Cyber Advisor authority, direction, and control of 
operational matters that are subject to the operational chain of 
command of the combatant commands or the exercise of authority, 
direction, and control of personnel, resources, equipment, and other 
matters that are not cyber-operations peculiar and that are in 
the purview of the armed forces. 
‘‘(3) The commander of the cyber command shall be responsible 
for— 
‘‘(A) ensuring the combat readiness of forces assigned to 
the cyber command; and 
‘‘(B) monitoring the preparedness to carry out assigned 
missions of cyber forces assigned to unified combatant com-
mands other than the cyber command. 
‘‘(C) The staff of the commander shall include an inspector 
general who shall conduct internal audits and inspections of 
purchasing and contracting actions through the cyber oper-
ations command and such other inspector general functions 
as may be assigned. 
‘‘(f) INTELLIGENCE AND SPECIAL ACTIVITIES.—This section does 
not constitute authority to conduct any activity which, if carried 
out as an intelligence activity by the Department of Defense, would 
require a notice to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of 
the House of Representatives under title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 6 of such title is amended by inserting after the 
item relating to section 167a the following new item: 
‘‘167b. Unified combatant command for cyber operations.’’. 
SEC. 924. ASSIGNED FORCES OF THE COMBATANT COMMANDS. 
Section 162(a) of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Except as provided in paragraph (2)’’ 
and inserting ‘‘As directed by the Secretary of Defense’’; 
10 USC 161 prec. 
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130 STAT. 2359 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) by striking ‘‘all forces’’ and inserting ‘‘specified 
forces’’; and 
(C) by striking the second sentence; 
(2) by striking paragraph (2) and inserting the following 
new paragraph (2): 
‘‘(2) A force not assigned to a combatant command or to the 
United States element of the North American Aerospace Defense 
Command under paragraph (1) shall remain assigned to the military 
department concerned for carrying out the responsibilities of the 
Secretary of the military department concerned as specified in 
section 3013, 5013, or 8013 of this title, as applicable.’’; and 
(3) in paragraph (4)— 
(A) by striking ‘‘operating with the geographic area’’ 
and 
(B) by striking ‘‘assigned to, and’’. 
SEC. 925. MODIFICATIONS TO THE REQUIREMENTS PROCESS. 
(a) IN GENERAL.—The text of section 181 of title 10, United 
States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—There is a Joint Requirements Oversight 
Council in the Department of Defense. 
‘‘(b) MISSION.—In addition to other matters assigned to it by 
the President or Secretary of Defense, the Joint Requirements Over-
sight Council shall assist the Chairman of the Joint Chiefs of 
Staff in— 
‘‘(1) assessing joint military capabilities, and identifying, 
approving, and prioritizing gaps in such capabilities, to meet 
applicable requirements in the national defense strategy under 
section 118 of this title; 
‘‘(2) reviewing and validating whether a capability proposed 
by an armed force, Defense Agency, or other entity of the 
Department of Defense fulfills a gap in joint military capabili-
ties; 
‘‘(3) developing recommendations, in consultation with the 
advisors to the Council under subsection (d), for program cost 
and fielding targets pursuant to section 2448a of this title 
that— 
‘‘(A) require a level of resources that is consistent with 
the level of priority assigned to the associated capability 
gap; and 
‘‘(B) have an estimated period of time for the delivery 
of an initial operational capability that is consistent with 
the urgency of the associated capability gap; 
‘‘(4) establishing and approving joint performance require-
ments that— 
‘‘(A) 
ensure 
interoperability, 
where 
appropriate, 
between and among joint military capabilities; and 
‘‘(B) are necessary, as designated by the Chairman 
of the Joint Chiefs of Staff, to fulfill capability gaps of 
more than one armed force, Defense Agency, or other entity 
of the Department; 
‘‘(5) reviewing performance requirements for any existing 
or proposed capability that the Chairman of the Joint Chiefs 
of Staff determines should be reviewed by the Council; 
‘‘(6) identifying new joint military capabilities based on 
advances in technology and concepts of operation; and 
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130 STAT. 2360 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(7) identifying alternatives to any acquisition program 
that meets approved joint military capability requirements for 
the purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2) 
of this title. 
‘‘(c) COMPOSITION.— 
‘‘(1) IN
GENERAL.—The Joint Requirements Oversight 
Council is composed of the following: 
‘‘(A) The Vice Chairman of the Joint Chiefs of Staff, 
who is the Chair of the Council and is the principal adviser 
to the Chairman of the Joint Chiefs of Staff for making 
recommendations about joint military capabilities or joint 
performance requirements. 
‘‘(B) An Army officer in the grade of general. 
‘‘(C) A Navy officer in the grade of admiral. 
‘‘(D) An Air Force officer in the grade of general. 
‘‘(E) A Marine Corps officer in the grade of general. 
‘‘(2) SELECTION
OF
MEMBERS.—Members of the Council 
under subparagraphs (B), (C), (D), and (E) of paragraph (1) 
shall be selected by the Chairman of the Joint Chiefs of Staff, 
after consultation with the Secretary of Defense, from officers 
in the grade of general or admiral, as the case may be, who 
are recommended for selection by the Secretary of the military 
department concerned. 
‘‘(3) RECOMMENDATIONS.—In making any recommendation 
to the Chairman of the Joint Chiefs of Staff as described in 
paragraph (1)(A), the Vice Chairman of the Joint Chiefs of 
Staff shall provide the Chairman any dissenting view of mem-
bers of the Council under paragraph (1) with respect to such 
recommendation. 
‘‘(d) ADVISORS.— 
‘‘(1) IN GENERAL.—The following officials of the Department 
of Defense shall serve as advisors to the Joint Requirements 
Oversight Council on matters within their authority and exper-
tise: 
‘‘(A) The Under Secretary of Defense for Policy. 
‘‘(B) The Under Secretary of Defense for Intelligence. 
‘‘(C) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
‘‘(D) The Under Secretary of Defense (Comptroller). 
‘‘(E) The Director of Cost Assessment and Program 
Evaluation. 
‘‘(F) The Director of Operational Test and Evaluation. 
‘‘(G) The commander of a combatant command when 
matters related to the area of responsibility or functions 
of that command are under consideration by the Council. 
‘‘(2) INPUT
FROM
COMBATANT
COMMANDS.—The Council 
shall seek and consider input from the commanders of the 
combatant commands in carrying out its mission under para-
graphs (1) and (2) of subsection (b). 
‘‘(3) INPUT FROM CHIEFS OF STAFF.—The Council shall seek, 
and strongly consider, the views of the Chiefs of Staff of the 
armed forces, in their roles as customers of the acquisition 
system, on matters pertaining to a capability proposed by an 
armed force, Defense Agency, or other entity of the Department 
of Defense under subsection (b)(2) and joint performance 
requirements pursuant to subsection (b)(3). 
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130 STAT. 2361 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(e) PERFORMANCE REQUIREMENTS AS RESPONSIBILITY OF ARMED 
FORCES.—The Chief of Staff of an armed force is responsible for 
all performance requirements for that armed force and, except 
for performance requirements specified in subsections (b)(4) and 
(b)(5), such performance requirements do not need to be validated 
by the Joint Requirements Oversight Council. 
‘‘(f) ANALYTIC SUPPORT.—The Secretary of Defense shall ensure 
that analytical organizations within the Department of Defense, 
such as the Office of Cost Assessment and Program Evaluation, 
provide resources and expertise in operations research, systems 
analysis, and cost estimation to the Joint Requirements Oversight 
Council to assist the Council in performing the mission in subsection 
(b). 
‘‘(g) AVAILABILITY OF OVERSIGHT INFORMATION TO CONGRES-
SIONAL DEFENSE COMMITTEES.—The Secretary of Defense shall 
ensure that, in the case of a recommendation by the Chairman 
of the Joint Chiefs of Staff to the Secretary that is approved by 
the Secretary, oversight information with respect to such rec-
ommendation that is produced as a result of the activities of the 
Joint Requirements Oversight Council is made available in a timely 
fashion to the congressional defense committees. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘joint military capabilities’ means the collec-
tive capabilities across the joint force, including both joint and 
force-specific capabilities, that are available to conduct military 
operations. 
‘‘(2) The term ‘performance requirement’ means a perform-
ance attribute of a particular system considered critical or 
essential to the development of an effective military capability. 
‘‘(3) The term ‘joint performance requirement’ means a 
performance requirement that is critical or essential to ensure 
interoperability or fulfill a capability gap of more than one 
armed force, Defense Agency, or other entity of the Department 
of Defense, or impacts the joint force in other ways such as 
logistics. 
‘‘(4) The term ‘oversight information’ means information 
and materials comprising analysis and justification that are 
prepared to support a recommendation that is made to, and 
approved by, the Secretary of Defense.’’. 
(b) PROGRAM COST
AND FIELD TARGETS.—The Secretary of 
Defense shall establish a process to develop program cost and 
fielding targets pursuant to section 2448a of title 10, United States 
Code, that— 
(1) is co-chaired by the Deputy Secretary of Defense and 
the Vice Chairman of the Joint Chiefs of Staff; 
(2) is supported by— 
(A) the Joint Staff, to provide expertise on joint military 
capabilities, capability gaps, and performance require-
ments; 
(B) the Office of Cost Assessment and Program Evalua-
tion, to provide expertise in resource allocation, operations 
research, systems analysis, and cost estimation; and 
(C) other Department of Defense organizations deter-
mined appropriate by the Secretary; and 
(3) ensures that appropriate trade-offs are made among 
life-cycle cost, schedule, and performance objectives and 
procurement quantity objectives. 
10 USC 2448a 
note. 
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130 STAT. 2362 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 926. REVIEW OF COMBATANT COMMAND ORGANIZATION. 
(a) REVIEWS REQUIRED.— 
(1) IN GENERAL.—The entities specified in paragraph (2) 
shall each conduct a review of the organizational structures 
of the combatant commands, and shall develop recommenda-
tions for improving the overall effectiveness of the combatant 
commands, and addressing threats that span multiple regions, 
functions, and domains. 
(2) ENTITIES.—The entities specified in this paragraph are 
the following: 
(A) The Secretary of Defense, in consultation with the 
Chairman of the Joint Chiefs of Staff. 
(B) An independent entity with appropriate expertise, 
selected by the Secretary and with which the Secretary 
shall enter into a contract by not later than 30 days after 
the date of the enactment of this Act. 
(b) ELEMENTS.—Each review under subsection (a) shall include 
an examination of the following: 
(1) The evolution of combatant command mission require-
ments and the ability of combatant commands to satisfy those 
mission requirements. 
(2) The evolution of the organizational structures, composi-
tions, and sizes of the combatant commands, and how such 
factors may have contributed to combatant command perform-
ance in satisfying mission requirements, planning, and 
maintaining force readiness. 
(3) The resources of combatant commands, including the 
degree to which combatant command force requirements are 
resourced. 
(4) The benefits, drawbacks, and resource implications of 
eliminating or consolidating combatant commands, or of 
altering the relationships among combatant commands and 
their component command organizations or the command and 
control structures of the combatant commands. 
(5) Organizational structures of the combatant commands, 
including Joint Task Forces or task-organized forces operating 
below the combatant command level, and the benefits, draw-
backs, and resource implications of alternative organizational 
structures. 
(c) REPORT.—Not later than September 30, 2017, the Secretary 
shall submit to the congressional defense committees a report on 
the findings and recommendations of each review required by sub-
section (a). 
Subtitle D—Organization and Management 
of Other Department of Defense Offices 
and Elements 
SEC. 931. QUALIFICATIONS FOR APPOINTMENT OF THE SECRETARIES 
OF THE MILITARY DEPARTMENTS. 
(a) SECRETARY OF THE ARMY.—Section 3013(a)(1) of title 10, 
United States Code, is amended by inserting after the first sentence 
the following new sentence: ‘‘The Secretary shall, to the greatest 
extent practicable, be appointed from among persons most highly 
qualified for the position by reason of background and experience, 
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130 STAT. 2363 
PUBLIC LAW 114–328—DEC. 23, 2016 
including persons with appropriate management or leadership 
experience.’’. 
(b) SECRETARY OF THE NAVY.—Section 5013(a)(1) of such title 
is amended by inserting after the first sentence the following new 
sentence: ‘‘The Secretary shall, to the greatest extent practicable, 
be appointed from among persons most highly qualified for the 
position by reason of background and experience, including persons 
with appropriate management or leadership experience.’’. 
(c) SECRETARY OF THE AIR FORCE.—Section 8013(a)(1) of such 
title is amended by inserting after the first sentence the following 
new sentence: ‘‘The Secretary shall, to the greatest extent prac-
ticable, be appointed from among persons most highly qualified 
for the position by reason of background and experience, including 
persons with appropriate management or leadership experience.’’. 
SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR 
THE CHIEF OF THE NATIONAL GUARD BUREAU. 
Section 10508 of title 10, United States Code, is amended— 
(1) by inserting ‘‘(a) MANPOWER
REQUIREMENTS
OF 
NATIONAL GUARD BUREAU.—’’ before ‘‘The manpower require-
ments’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) 
PERSONNEL
FOR
FUNCTIONS
OF
NATIONAL
GUARD 
BUREAU.— 
‘‘(1) IN GENERAL.—The Chief of the National Guard Bureau 
may program for, appoint, employ, administer, detail, and 
assign persons under sections 2103, 2105, and 3101 of title 
5, or section 328 of title 32, within the National Guard Bureau 
and the National Guard of each State, the Commonwealth 
of Puerto Rico, the District of Columbia, Guam, and the Virgin 
Islands to execute the functions of the National Guard Bureau 
and the missions of the National Guard, and missions as 
assigned by the Chief of the National Guard Bureau. 
‘‘(2) ADMINISTRATION THROUGH ADJUTANTS GENERAL.—The 
Chief of the National Guard Bureau may designate the adju-
tants general referred to in section 314 of title 32 to appoint, 
employ, and administer the National Guard employees author-
ized by this subsection. 
‘‘(3) ADMINISTRATIVE ACTIONS.—Notwithstanding the Inter-
governmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) 
and under regulations prescribed by the Chief of the National 
Guard Bureau, all personnel actions or conditions of employ-
ment, including adverse actions under title 5, pertaining to 
a person appointed, employed, or administered by an adjutant 
general under this subsection shall be accomplished by the 
adjutant general of the jurisdiction concerned. For purposes 
of any administrative complaint, grievance, claim, or action 
arising from, or relating to, such a personnel action or condition 
of employment: 
‘‘(A) The adjutant general of the jurisdiction concerned 
shall be considered the head of the agency and the National 
Guard of the jurisdiction concerned shall be considered 
the employing agency of the individual and the sole defend-
ant or respondent in any administrative action. 
‘‘(B) The National Guard of the jurisdiction concerned 
shall defend any administrative complaint, grievance, 
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130 STAT. 2364 
PUBLIC LAW 114–328—DEC. 23, 2016 
claim, or action, and shall promptly implement all aspects 
of any final administrative order, judgment, or decision. 
‘‘(C) In any civil action or proceeding brought in any 
court arising from an action under this section, the United 
States shall be the sole defendant or respondent. 
‘‘(D) The Attorney General of the United States shall 
defend the United States in actions arising under this 
section described in subparagraph (C). 
‘‘(E) Any settlement, judgment, or costs arising from 
an action described in subparagraph (A) or (C) shall be 
paid from appropriated funds allocated to the National 
Guard of the jurisdiction concerned.’’. 
SEC. 933. REORGANIZATION AND REDESIGNATION OF OFFICE OF 
FAMILY POLICY AND OFFICE OF COMMUNITY SUPPORT 
FOR MILITARY FAMILIES WITH SPECIAL NEEDS. 
(a) OFFICE OF FAMILY POLICY.— 
(1) REDESIGNATION AS OFFICE OF MILITARY FAMILY READI-
NESS POLICY.—Section 1781(a) of title 10, United States Code, 
is amended— 
(A) by striking ‘‘Office of Family Policy’’ and inserting 
‘‘Office of Military Family Readiness Policy’’; and 
(B) by striking ‘‘Director of Family Policy’’ and inserting 
‘‘Director of Military Family Readiness Policy’’. 
(2) INCLUSION OF DIRECTOR ON MILITARY FAMILY READINESS 
COUNCIL.—Subsection (b)(1)(E) of section 1781a of such title 
is amended by striking ‘‘Office of Community Support for Mili-
tary Families with Special Needs’’ and inserting ‘‘Office of Mili-
tary Family Readiness Policy’’. 
(3) CONFORMING AMENDMENT.—Section 131(b)(8)(G) of such 
title is amended by striking ‘‘Director of Family Policy’’ and 
inserting ‘‘Director of Military Family Readiness Policy’’. 
(4) HEADING AND CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of section 1781 
of such title is amended to read as follows: 
‘‘§ 1781. Office of Military Family Readiness Policy’’. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 88 of such title is amended by 
striking the item relating to section 1781 and inserting 
the following new item: 
‘‘1781. Office of Military Family Readiness Policy.’’. 
(b) OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES 
WITH SPECIAL NEEDS.— 
(1) REDESIGNATION
AS
OFFICE
OF
SPECIAL
NEEDS.—Sub-
section (a) of section 1781c of title 10, United States Code, 
is amended by striking ‘‘Office of Community Support for Mili-
tary Families with Special Needs’’ and inserting ‘‘Office of Spe-
cial Needs’’. 
(2) REORGANIZATION
UNDER
OFFICE
OF
MILITARY
FAMILY 
READINESS
POLICY.—Such subsection is further amended by 
striking ‘‘Office of the Under Secretary of Defense for Personnel 
and Readiness’’ and inserting ‘‘Office of Military Family Readi-
ness Policy’’. 
(3) REPEAL OF REQUIREMENT FOR HEAD OF OFFICE TO BE 
MEMBER OF SENIOR EXECUTIVE SERVICE OR GENERAL OR FLAG 
10 USC 1781 
prec. 
10 USC 1781. 
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130 STAT. 2365 
PUBLIC LAW 114–328—DEC. 23, 2016 
OFFICER.—Such section is further amended by striking sub-
section (c). 
(4) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(A) by redesignating subsections (d) through (i) as sub-
sections (c) through (h), respectively; 
(B) by striking ‘‘subsection (e)’’ each place it appears 
and inserting ‘‘subsection (d)’’; 
(C) in subsection (c), as so redesignated, by striking 
‘‘subsection (f)’’ in paragraph (2) and inserting ‘‘subsection 
(e)’’; and 
(D) in subsection (g), as so redesignated— 
(i) in paragraph (2)(A), by striking ‘‘subsection 
(d)(3)’’ and inserting ‘‘subsection (c)(3)’’; and 
(ii) in paragraph (2)(B), by striking ‘‘subsection 
(d)(4)’’ and inserting ‘‘subsection (c)(4)’’. 
(5) HEADING AND CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of such section 
is amended to read as follows: 
‘‘§ 1781c. Office of Special Needs’’. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 88 of such title is amended by 
striking the item relating to section 1781c and inserting 
the following new item: 
‘‘1781c. Office of Special Needs.’’. 
SEC. 934. REDESIGNATION OF ASSISTANT SECRETARY OF THE AIR 
FORCE FOR ACQUISITION AS ASSISTANT SECRETARY OF 
THE AIR FORCE FOR ACQUISITION, TECHNOLOGY, AND 
LOGISTICS. 
(a) REDESIGNATION.—Section 8016(b)(4)(A) of title 10, United 
States Code, is amended— 
(1) by striking ‘‘Assistant Secretary of the Air Force for 
Acquisition’’ and inserting ‘‘Assistant Secretary of the Air Force 
for Acquisition, Technology, and Logistics’’; and 
(2) by inserting ‘‘, technology, and logistics’’ after ‘‘acquisi-
tion’’. 
(b) REFERENCES.—Any reference to the Assistant Secretary of 
the Air Force for Acquisition in any law, regulation, map, document, 
record, or other paper of the United States shall be deemed to 
be a reference to the Assistant Secretary of the Air Force for 
Acquisition, Technology, and Logistics. 
Subtitle E—Strategies, Reports, and 
Related Matters 
SEC. 941. NATIONAL DEFENSE STRATEGY. 
(a) NATIONAL DEFENSE STRATEGY.—Subsection (g) of section 
113 of title 10, United States Code, is amended to read as follows: 
‘‘(g)(1)(A) Except as provided in subparagraph (E), in January 
every four years, and intermittently otherwise as may be appro-
priate, the Secretary of Defense shall provide to the Secretaries 
of the military departments, the Chiefs of Staff of the armed forces, 
the commanders of the unified and specified combatant commands, 
10 USC 8016 
note. 
10 USC 1781 
prec. 
10 USC 1781c. 
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130 STAT. 2366 
PUBLIC LAW 114–328—DEC. 23, 2016 
and the heads of all Defense Agencies and Field Activities of the 
Department of Defense and other elements of the Department speci-
fied in paragraphs (1) through (10) of section 111(b) of this title, 
and to the congressional defense committees, a defense strategy. 
Each strategy shall be known as the ‘national defense strategy’, 
and shall support the most recent national security strategy report 
of the President under section 108 of the National Security Act 
of 1947 (50 U.S.C. 3043). 
‘‘(B) Each national defense strategy shall including the fol-
lowing: 
‘‘(i) The priority missions of the Department of Defense, 
and the assumed force planning scenarios and constructs. 
‘‘(ii) The assumed strategic environment, including the most 
critical and enduring threats to the national security of the 
United States and its allies posed by state or non-state actors, 
and the strategies that the Department will employ to counter 
such threats and provide for the national defense. 
‘‘(iii) A strategic framework prescribed by the Secretary 
that guides how the Department will prioritize among the 
threats described in clause (ii) and the missions specified pursu-
ant to clause (i), how the Department will allocate and mitigate 
the resulting risks, and how the Department will make resource 
investments. 
‘‘(iv) The roles and missions of the armed forces to carry 
out the missions described in clause (i), and the assumed roles 
and capabilities provided by other United States Government 
agencies and by allies and international partners. 
‘‘(v) The force size and shape, force posture, defense 
capabilities, force readiness, infrastructure, organization, per-
sonnel, technological innovation, and other elements of the 
defense program necessary to support such strategy. 
‘‘(vi) The major investments in defense capabilities, force 
structure, force readiness, force posture, and technological 
innovation that the Department will make over the following 
five-year period in accordance with the strategic framework 
described in clause (iii). 
‘‘(C) The Secretary shall seek the military advice and assistance 
of the Chairman of the Joint Chiefs of Staff in preparing each 
national defense strategy required by this subsection. 
‘‘(D) Each national defense strategy under this subsection shall 
be presented to the congressional defense committees in classified 
form with an unclassified summary. 
‘‘(E) In a year following an election for President, which election 
results in the appointment by the President of a new Secretary 
of Defense, the Secretary shall present the national defense strategy 
required by this subsection as soon as possible after appointment 
by and with the advice and consent of the Senate. 
‘‘(F) In February of each year in which the Secretary does 
not submit a new defense strategy as required by paragraph (A), 
the Secretary shall submit to the congressional defense committees 
an assessment of the current national defense strategy, including 
an assessment of the implementation of the strategy by the Depart-
ment and an assessment whether the strategy requires revision 
as a result of changes in assumptions, policy, or other factors. 
‘‘(2) In implementing a national defense strategy under para-
graph (1), the Secretary, with the advice and assistance of the 
Chairman of the Joint Chiefs of Staff, shall provide annually to 
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130 STAT. 2367 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Secretaries of the military departments, the Chiefs of Staff 
of the armed forces, the commanders of the unified and specified 
combatant commands, and the heads of all Defense Agencies and 
Field Activities of the Department and other elements of the Depart-
ment specified in paragraphs (1) through (10) of section 111(b) 
of this title, written policy guidance for the preparation and review 
of the program recommendations and budget proposals of their 
respective components to guide the development of forces. Such 
guidance shall include— 
‘‘(A) the national security interests and objectives; 
‘‘(B) the priority military missions of the Department, 
including the assumed force planning scenarios and constructs; 
‘‘(C) the force size and shape, force posture, defense 
capabilities, force readiness, infrastructure, organization, per-
sonnel, technological innovation, and other elements of the 
defense program necessary to support the strategy; 
‘‘(D) the resource levels projected to be available for the 
period of time for which such recommendations and proposals 
are to be effective; and 
‘‘(E) a discussion of any changes in the defense strategy 
and assumptions underpinning the strategy, as required by 
paragraph (1). 
‘‘(3) In implementing the guidance under paragraph (2), the 
Secretary, with the approval of the President and after consultation 
with the Chairman of the Joint Chiefs of Staff, shall provide, 
every two years or more frequently as needed, to the Chairman 
written policy guidance for the preparation and review of contin-
gency plans, including plans for providing support to civil authori-
ties in an incident of national significance or a catastrophic incident, 
for homeland defense, and for military support to civil authorities. 
Such guidance shall include guidance on the employment of forces, 
including specific force levels and specific supporting resource levels 
projected to be available for the period of time for which such 
plans are to be effective. 
‘‘(4) Not later than February 15 in any calendar year in which 
any written guidance is required pursuant to paragraph (2) or 
(3), the Secretary shall provide to the congressional defense commit-
tees a detailed classified briefing summarizing such guidance devel-
oped pursuant to such paragraphs.’’. 
(b) CONFORMING REPEAL.— 
(1) IN GENERAL.—Section 118 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 2 of such title is amended by striking 
the item relating to section 118. 
SEC. 942. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR 
THE UNITED STATES. 
(a) ESTABLISHMENT.—There is hereby established a commission 
to be known as the ‘‘Commission on the National Defense Strategy 
for the United States’’ (in this section referred to as the ‘‘Commis-
sion’’). The purpose of the Commission is to examine and make 
recommendations with respect to the national defense strategy for 
the United States. 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The Commission shall be composed of 
12 members appointed as follows: 
10 USC 111 prec. 
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130 STAT. 2368 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) Three members appointed by the chair of the Com-
mittee on Armed Services of the House of Representatives. 
(B) Three members appointed by the ranking minority 
member of the Committee on Armed Services of the House 
of Representatives. 
(C) Three members appointed by the chair of the Com-
mittee on Armed Services of the Senate. 
(D) Three members appointed by the ranking minority 
member of the Committee on Armed Services of the Senate. 
(2) CHAIR; VICE CHAIR.— 
(A) CHAIR.—The chair of the Committee on Armed 
Services of the House of Representative and the chair of 
the Committee on Armed Services of the Senate shall 
jointly designate one member of the Commission to serve 
as chair of the Commission. 
(B) VICE CHAIR.—The ranking minority member of the 
Committee on Armed Services of the House of Representa-
tive and the ranking minority member of the Committee 
on Armed Services of the Senate shall jointly designate 
one member of the Commission to serve as vice chair 
of the Commission. 
(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the Commission. Any vacancy in 
the Commission shall be filled in the same manner as the 
original appointment. 
(c) DUTIES.— 
(1) REVIEW.—The Commission shall review the current 
national defense strategy of the United States, including the 
assumptions, missions, force posture and structure, and stra-
tegic and military risks associated with the strategy. 
(2) ASSESSMENT AND RECOMMENDATIONS.—The Commission 
shall conduct a comprehensive assessment of the strategic 
environment, the threats to the United States, the size and 
shape of the force, the readiness of the force, the posture 
and capabilities of the force, the allocation of resources, and 
strategic and military risks in order to provide recommenda-
tions on the national defense strategy for the United States. 
(d) COOPERATION FROM GOVERNMENT.— 
(1) COOPERATION.—In carrying out its duties, the Commis-
sion shall receive the full and timely cooperation of the Sec-
retary of Defense in providing the Commission with analysis, 
briefings, and other information necessary for the fulfillment 
of its responsibilities. 
(2) LIAISON.—The Secretary shall designate at least one 
officer or employee of the Department of Defense to serve 
as a liaison officer between the Department and the Commis-
sion. 
(e) REPORT.— 
(1) FINAL REPORT.—Not later than December 1, 2017, the 
Commission shall submit to the President, the Secretary of 
Defense, the Committee on Armed Services of the House of 
Representatives, and the Committee on Armed Services of the 
Senate a report on the Commission’s findings, conclusions, and 
recommendations. The report shall address, but not be limited 
to, each of the following: 
(A) The strategic environment, including threats to 
the United States and the potential for conflicts arising 
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130 STAT. 2369 
PUBLIC LAW 114–328—DEC. 23, 2016 
from such threats, security challenges, and the national 
security interests of the United States. 
(B) The military missions for which the Department 
of Defense should prepare and the force planning construct. 
(C) The roles and missions of the Armed Forces to 
carry out those missions and the roles and capabilities 
provided by other United States Government agencies and 
by allies and international partners. 
(D) The force planning construct, size and shape, pos-
ture and capabilities, readiness, infrastructure, organiza-
tion, personnel, and other elements of the defense program 
necessary to support the strategy. 
(E) The resources necessary to support the strategy, 
including budget recommendations. 
(F) The risks associated with the strategy, including 
the relationships and tradeoffs between missions, risks, 
and resources. 
(2) INTERIM BRIEFING.—Not later than June 1, 2017, the 
Commission shall provide to the Committee on Armed Services 
of the House of Representatives, and the Committee on Armed 
Services of the Senate a briefing on the status of its review 
and assessment, and include a discussion of any interim rec-
ommendations. 
(3) FORM.—The report submitted to Congress under para-
graph (1) shall be submitted in unclassified form, but may 
include a classified annex. 
(f) FUNDING.—Of the amounts authorized to be appropriated 
by to this Act for the Department of Defense, $5,000,000 is available 
to fund the activities of the Commission. 
(g) TERMINATION.—The Commission shall terminate 6 months 
after the date on which it submits the report required by subsection 
(e). 
SEC. 943. REFORM OF THE NATIONAL MILITARY STRATEGY. 
(a) IN GENERAL.—Paragraph (1) of section 153(b) of title 10, 
United States Code, is amended to read as follows: 
‘‘(1) NATIONAL
MILITARY
STRATEGY.—(A) The Chairman 
shall determine each even-numbered year whether to prepare 
a new National Military Strategy in accordance with this para-
graph or to update a strategy previously prepared in accordance 
with this paragraph. The Chairman shall provide such National 
Military Strategy or update to the Secretary of Defense in 
time for transmittal to Congress pursuant to paragraph (3), 
including in time for inclusion in the report of the Secretary 
of Defense, if any, under paragraph (4). 
‘‘(B) Each National Military Strategy (or update) under 
this paragraph shall be based on a comprehensive review con-
ducted by the Chairman in conjunction with the other members 
of the Joint Chiefs of Staff and the commanders of the unified 
and specified combatant commands. Each update shall address 
only those parts of the most recent National Military Strategy 
for which the Chairman determines, on the basis of the review, 
that a modification is needed. 
‘‘(C) Each National Military Strategy (or update) submitted 
under this paragraph shall describe how the military will sup-
port the objectives of the United States as articulated in— 
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130 STAT. 2370 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(i) the most recent National Security Strategy pre-
scribed by the President pursuant to section 108 of the 
National Security Act of 1947 (50 U.S.C. 3043); 
‘‘(ii) the most recent annual report of the Secretary 
of Defense submitted to the President and Congress pursu-
ant to section 113 of this title; 
‘‘(iii) the most recent national defense strategy pre-
sented by the Secretary of Defense pursuant to section 
113 of this title; 
‘‘(iv) the most recent policy guidance provided by the 
Secretary of Defense pursuant to section 113(g) of this 
title; and 
‘‘(v) any other national security or defense strategic 
guidance issued by the President or the Secretary of 
Defense. 
‘‘(D) At a minimum, each National Military Strategy (or 
update) submitted under this paragraph shall— 
‘‘(i) 
assess 
the 
strategic 
environment, 
threats, 
opportunities, and challenges that affect the national secu-
rity of the United States; 
‘‘(ii) assess military ends, ways, and means to support 
the objectives referred to in subparagraph (C); 
‘‘(iii) provide the framework for the assessment by the 
Chairman of military strategic and operational risks, and 
for the development of risk mitigation options; 
‘‘(iv) develop military options to address threats and 
opportunities; 
‘‘(v) assess joint force capabilities, capacities, and 
resources; and 
‘‘(vi) establish military guidance for the development 
of the joint force and the total force building on guidance 
by the President and the Secretary of Defense as referred 
to in subparagraph (C).’’. 
(b) MODIFICATION TO RISK ASSESSMENT.—Paragraph (2) of such 
section is amended— 
(1) in the third sentence of subparagraph (A), by striking 
‘‘of the report’’ and inserting ‘‘in the report’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘(or update)’’ after ‘‘National Military 
Strategy’’ each place it appears; 
(B) in clause (ii), by striking ‘‘strategic risks to United 
States interests’’ and all that follows and inserting ‘‘military 
strategic and operational risks to United States interests 
and the military strategic and operational risks in exe-
cuting the National Military Strategy (or update).’’; 
(C) in clause (iii), by striking ‘‘distinguishing between 
the concepts of probability and consequences’’; 
(D) in clause (iv)(II), by striking ‘‘most’’; and 
(E) in clause (v), by striking ‘‘or support of—’’ and 
all the follows and inserting ‘‘of external support, as appro-
priate.’’. 
(c) FORM.—Paragraph (3) of such section is amended by adding 
at the end the following new subparagraph: 
‘‘(C) The National Military Strategy (or update) and Risk 
Assessment submitted under this subsection shall be classified 
in form, but shall include an unclassified summary.’’. 
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130 STAT. 2371 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 944. FORM OF ANNUAL NATIONAL SECURITY STRATEGY REPORT. 
Section 108(c) of the National Security Act of 1947 (50 U.S.C. 
3043(c)) is amended by striking ‘‘in both a classified form and 
an unclassified form’’ and inserting ‘‘to Congress in classified form, 
but may include an unclassified summary’’. 
SEC. 945. MODIFICATION TO INDEPENDENT STUDY OF NATIONAL 
SECURITY STRATEGY FORMULATION PROCESS. 
Section 1064(b)(2) of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 989) is 
amended— 
(1) in subparagraph (D), by inserting ‘‘, including Congress,’’ 
after ‘‘Federal Government’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(E) The capabilities and limitations of the Department 
of Defense workforce responsible for conducting strategic 
planning, including recommendations for improving the 
workforce through training, education, and career manage-
ment.’’. 
Subtitle F—Other Matters 
SEC. 951. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF 
DEFENSE PERSONNEL AND INNOVATION INITIATIVES. 
(a) ENHANCEMENT OF SECURITY PROGRAMS GENERALLY.— 
(1) 
PERSONNEL
BACKGROUND
AND
SECURITY
PLAN 
REQUIRED.—The Secretary of Defense shall develop an 
implementation plan for the Defense Security Service to con-
duct, after October 1, 2017, background investigations for per-
sonnel of the Department of Defense whose investigations are 
adjudicated by the Consolidated Adjudication Facility of the 
Department. The Secretary shall submit the implementation 
plan to the congressional defense committees by not later than 
August 1, 2017. 
(2) PLAN FOR POTENTIAL TRANSFER OF INVESTIGATIVE PER-
SONNEL TO DEPARTMENT OF DEFENSE.—Not later than October 
1, 2017, the Secretary and the Director of the Office of Per-
sonnel Management shall develop a plan to transfer Govern-
ment investigative personnel and contracted resources to the 
Department in proportion to the background and security inves-
tigative workload that would be assumed by the Department 
if the plan required by paragraph (1) were implemented. 
(3) REPORT.—Not later than August 1, 2017, the Secretary 
shall submit to the congressional defense committees a report 
on the number of full-time equivalent employees of the manage-
ment headquarters of the Department that would be required 
by the Defense Security Service to carry out the plan developed 
under paragraph (1). 
(4) COLLECTION, STORAGE, AND RETENTION OF INFORMATION 
BY INSIDER THREAT PROGRAMS.—In order to enable detection 
and mitigation of potential insider threats, the Secretary shall 
ensure that insider threat programs of the Department collect, 
store, and retain information from the following: 
(A) Personnel security. 
(B) Physical security. 
(C) Information security. 
10 USC 1564 
note. 
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130 STAT. 2372 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) Law enforcement. 
(E) Counterintelligence. 
(F) User activity monitoring. 
(G) Information assurance. 
(H) Such other data sources as the Secretary considers 
necessary and appropriate. 
(b) ELEMENTS OF SYSTEM.— 
(1) IN GENERAL.—In developing a system for the perform-
ance of background investigations for personnel in carrying 
out subsection (a), the Secretary shall— 
(A) conduct a review of security clearance business 
processes and, to the extent practicable, modify such proc-
esses to maximize compatibility with the security clearance 
information technology architecture to minimize the need 
for customization of the system; 
(B) conduct business process mapping of the business 
processes described in subparagraph (A); 
(C) use spiral development and incremental acquisition 
practices to rapidly deploy the system, including through 
the use of prototyping and open architecture principles; 
(D) establish a process to identify and limit interfaces 
with legacy systems and to limit customization of any 
commercial information technology tools used; 
(E) establish automated processes for measuring the 
performance goals of the system; 
(F) incorporate capabilities for the continuous moni-
toring of network security and the mitigation of insider 
threats to the system; 
(G) institute a program to collect and maintain data 
and metrics on the background investigation process; and 
(H) establish a council (to be known as the ‘‘Depart-
ment of Defense Background Investigations Rate Council’’) 
to advise and advocate for rate efficiencies for background 
clearance investigation rates, and to negotiate rates for 
background investigation services provided to outsides enti-
ties and agencies when requested. 
(2) COMPLETION DATE.—The Secretary shall complete the 
development and implementation of the system described in 
paragraph (1) by not later than September 30, 2019. 
(c) ESTABLISHMENT OF ENHANCED SECURITY PROGRAM TO SUP-
PORT DEPARTMENT OF DEFENSE INNOVATION INITIATIVE.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall establish 
a personnel security program, and take such other actions 
as the Secretary considers appropriate, to support the Innova-
tion Initiative of the Department to better leverage commercial 
technology. 
(2) POLICIES AND PROCEDURES.—In establishing the pro-
gram required by paragraph (1), the Secretary shall develop 
policies and procedures to rapidly and inexpensively investigate 
and adjudicate security clearances for personnel from commer-
cial companies with innovative technologies and solutions to 
enable such companies to receive relevant threat reporting 
and to propose solutions for a broader set of Department 
requirements. 
(3) ACCESS
TO
CLASSIFIED
INFORMATION.—The Secretary 
shall ensure that access to classified information under the 
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130 STAT. 2373 
PUBLIC LAW 114–328—DEC. 23, 2016 
program required by paragraph (1) is not contingent on a 
company already being under contract with the Department. 
(4) AWARD OF SECURITY CLEARANCES.—The Secretary may 
award secret clearances under the program required by para-
graph (1) for limited purposes and periods relating to the 
acquisition or modification of capabilities and services. 
(d) UPDATED GUIDANCE AND REVIEW OF POLICIES.— 
(1) REVIEW
OF
APPLICABLE
LAWS.—The Secretary shall 
review laws, regulations, and executive orders relating to the 
maintenance of personnel security clearance information by 
the Federal Government, including the investigation timeline 
metrics established in the Intelligence Reform and Prevention 
of Terrorism Act of 2004 (Public Law 108–458). The review 
should also identify recommendations to eliminate duplicative 
or outdated authorities in current executive orders, regulations 
and guidance. Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall provide to the 
Committees on Armed Services of the Senate and the House 
of Representatives a briefing that includes— 
(A) the results of the review; and 
(B) recommendations, if any, for consolidating and 
clarifying laws, regulations, and executive orders relating 
to the maintenance of personnel security clearance informa-
tion by the Federal Government. 
(2) RECIPROCITY DIRECTIVE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
coordinate with the Security Executive Agent, in consultation 
with the Suitability Executive Agent, to issue an updated reci-
procity directive that accounts for security policy changes asso-
ciated with new position designation regulations under section 
1400 of title 5, Code of Federal Regulations, new continuous 
evaluation policies, and new Federal investigative standards. 
(3) IMPLEMENTATION DIRECTIVES.—The Secretary, working 
with the Security Executive Agent and the Suitability Executive 
Agent, shall jointly develop and issue directives on— 
(A) completing the implementation of the National 
Security Sensitive Position designations required by section 
1400 of title 5, Code of Federal Regulations; and 
(B) aligning to the maximum practical extent the inves-
tigative and adjudicative standards and criteria for posi-
tions requiring access to classified information and national 
security sensitive positions not requiring access to classified 
information to ensure effective and efficient reciprocity and 
consistent designation of like-positions across the Federal 
Government. 
(e) WAIVER OF CERTAIN DEADLINES.—For each of fiscal years 
2017 through 2019, the Secretary may waive any background inves-
tigation timeline specified in the Intelligence Reform and Prevention 
of Terrorism Act of 2004 if the Secretary submits to the appropriate 
committees of Congress a written notification on the waiver not 
later than 30 days before the beginning of the fiscal year concerned. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ has 
the meaning given that term in section 3001(a)(8) of the Intel-
ligence Reform and Prevention of Terrorism Act of 2004 (50 
U.S.C. 3341(a)(8)). 
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130 STAT. 2374 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) The term ‘‘business process mapping’’ has the meaning 
given that term in section 2222(i) of title 10, United States 
Code. 
(3) The term ‘‘insider threat’’ means, with respect to the 
Department, a threat presented by a person who— 
(A) has, or once had, authorized access to information, 
a facility, a network, a person, or a resource of the Depart-
ment; and 
(B) wittingly, or unwittingly, commits— 
(i) an act in contravention of law or policy that 
resulted in, or might result in, harm through the loss 
or degradation of government or company information, 
resources, or capabilities; or 
(ii) a destructive act, which may include physical 
harm to another in the workplace. 
SEC. 952. MODIFICATION OF AUTHORITY OF THE SECRETARY OF 
DEFENSE RELATING TO PROTECTION OF THE PENTAGON 
RESERVATION AND OTHER DEPARTMENT OF DEFENSE 
FACILITIES IN THE NATIONAL CAPITAL REGION. 
(a) LAW ENFORCEMENT AUTHORITY.—Subsection (b) of section 
2674 of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (5); and 
(2) by striking the matter in such subsection preceding 
such paragraph and inserting the following: 
‘‘(b)(1) The Secretary shall protect the buildings, grounds, and 
property located in the National Capital Region that are occupied 
by, or under the jurisdiction, custody, or control of, the Department 
of Defense, and the persons on that property. 
‘‘(2) The Secretary may designate military or civilian personnel 
to perform law enforcement functions and military, civilian, or 
contract personnel to perform security functions for such buildings, 
grounds, property, and persons, including, with regard to civilian 
personnel designated under this section, duty in areas outside the 
property referred to in paragraph (1) to the extent necessary to 
protect that property and persons on that property. Subject to 
the authorization of the Secretary, any such military or civilian 
personnel so designated may exercise the authorities listed in para-
graphs (1) through (5) of section 2672(c) of this title. 
‘‘(3) The powers granted under paragraph (2) to military and 
civilian personnel designated under that paragraph shall be exer-
cised in accordance with guidelines prescribed by the Secretary 
and approved by the Attorney General. 
‘‘(4) Nothing in this subsection shall be construed to— 
‘‘(A) preclude or limit the authority of any Defense Criminal 
Investigative Organization or any other Federal law enforce-
ment agency; 
‘‘(B) restrict the authority of the Secretary of Homeland 
Security under the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) or the authority of the Administrator of General 
Services, including the authority to promulgate regulations 
affecting property under the custody and control of that Sec-
retary or the Administrator, respectively; 
‘‘(C) expand or limit section 21 of the Internal Security 
Act of 1950 (50 U.S.C. 797); 
‘‘(D) affect chapter 47 of this title (the Uniform Code of 
Military Justice); 
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130 STAT. 2375 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(E) restrict any other authority of the Secretary of Defense 
or the Secretary of a military department; or 
‘‘(F) restrict the authority of the Director of the National 
Security Agency under section 11 of the National Security 
Agency Act of 1959 (50 U.S.C. 3609).’’. 
(b) RATES OF BASIC PAY FOR CIVILIAN LAW ENFORCEMENT PER-
SONNEL.—Paragraph (5) of such subsection, as redesignated by sub-
section (a)(1) of this section, is amended by inserting ‘‘, whichever 
is greater’’ before the period at the end. 
(c) CODIFICATION OF AUTHORITY TO PROVIDE PHYSICAL PROTEC-
TION AND PERSONAL SECURITY WITHIN UNITED STATES TO CERTAIN 
SENIOR LEADERS IN DOD AND OTHER SPECIFIED PERSONS.— 
(1) IN GENERAL.—Chapter 41 of title 10, United States 
Code, is amended by inserting after section 713 a new section 
714 consisting of— 
(A) a heading as follows: 
‘‘§ 714. Senior leaders of the Department of Defense and other 
specified persons: authority to provide protection 
within the United States’’; and 
(B) a text consisting of the text of subsections (a) 
through (d) of section 1074 of the National Defense 
Authorization Act for Fiscal Year 2008 (10 U.S.C. 113 
note). 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 41 of such title is amended by adding 
at the end the following new item: 
‘‘714. Senior leaders of the Department of Defense and other specified persons: au-
thority to provide protection within the United States.’’. 
(3) REPEAL OF CODIFIED PROVISION.—Section 1074 of the 
National Defense Authorization Act for Fiscal Year 2008 is 
repealed. 
(4) CONFORMING AND STYLISTIC AMENDMENTS DUE TO CODI-
FICATION.—Section 714 of title 10, United States Code, as added 
by paragraph (1), is amended— 
(A) in subsections (a), (b)(1), and (d)(1), by striking 
‘‘Armed Forces’’ and inserting ‘‘armed forces’’; 
(B) in subsection (c)— 
(i) by striking ‘‘section:’’ and all that follows 
through ‘‘Forces’ and’’ and inserting ‘‘section, the terms 
‘qualified members of the armed forces’ and’’; and 
(ii) by redesignating subparagraphs (A) through 
(E) as paragraphs (1) through (5), respectively, and 
realigning the left margin of such paragraphs, as so 
redesignated, two ems to the left; and 
(C) in subsection (d)(2), by striking ‘‘, United States 
Code’’. 
(5) AMENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE 
AS
TO
SERVICE
CHIEFS.—Such section is further amended— 
(A) in subsection (a)— 
(i) in paragraph (6), by striking ‘‘Chiefs of the 
Services’’ and inserting ‘‘Members of the Joint Chiefs 
of Staff in addition to the Chairman and Vice Chair-
man’’; 
(ii) by striking paragraph (7); and 
10 USC 711 prec. 
10 USC 714. 
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130 STAT. 2376 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) by redesignating paragraph (8) as paragraph 
(7); and 
(B) in subsection (b)(1), by striking ‘‘through (8)’’ and 
inserting ‘‘through (7)’’. 
(6) AMENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE 
AS TO ‘‘MILITARY MEMBER’’.—Subsection (b)(2)(A) of such section 
is amended— 
(A) by striking ‘‘, military member,’’; and 
(B) by inserting after ‘‘of the Department of Defense’’ 
the following: ‘‘or member of the armed forces’’. 
SEC. 953. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING. 
(a) LIMITATION OF DEFENSE POW/MIA ACCOUNTING AGENCY 
TO MISSING PERSONS FROM PAST CONFLICTS.—Section 1501(a) of 
title 10, United States Code, is amended— 
(1) in paragraph (1)(A), by inserting ‘‘from past conflicts’’ 
after ‘‘matters relating to missing persons’’; 
(2) in paragraph (2)— 
(A) by striking subparagraph (A); 
(B) by redesignating subparagraphs (B), (C), (D), (E), 
and (F) as subparagraphs (A), (B), (C), (D), and (E), respec-
tively; and 
(C) by inserting ‘‘from past conflicts’’ after ‘‘missing 
persons’’ each place it appears; 
(3) in paragraph (4)— 
(A) by striking ‘‘for personal recovery (including search, 
rescue, escape, and evasion) and’’; and 
(B) by inserting ‘‘from past conflicts’’ after ‘‘missing 
persons’’; and 
(4) by striking paragraph (5). 
(b) ACTION UPON DISCOVERY OR RECEIPT OF INFORMATION.— 
Section 1505(c) of such title is amended by striking ‘‘designated 
Agency Director’’ in paragraphs (1), (2), and (3) and inserting ‘‘Sec-
retary of Defense’’. 
(c) DEFINITION
OF ‘‘ACCOUNTED
FOR’’.—Section 1513(3)(B) of 
such title is amended by inserting ‘‘to the extent practicable’’ after 
‘‘are recovered’’. 
SEC. 954. MODIFICATIONS TO CORROSION REPORT. 
(a) 
MODIFICATIONS
TO
REPORT
TO
CONGRESS.—Section 
2228(e)(1) of title 10, United States Code, is amended— 
(1) in the matter preceding subparagraph (A), by inserting 
after ‘‘2009’’ the following: ‘‘and ending with the budget for 
fiscal year 2022’’; 
(2) by amending subparagraph (B) to read as follows: 
‘‘(B) The estimated composite return on investment 
achieved by implementing the strategy, and documented in 
the assessments by the Department of Defense of completed 
corrosion projects and activities.’’; 
(3) by amending subparagraph (D) to read as follows: 
‘‘(D) If the full amount of funding requirements is not 
requested in the budget, the reasons for not including the 
full amount and a description of the impact on readiness, 
logistics, and safety of not fully funding required corrosion 
prevention and mitigation activities.’’; and 
(4) in subparagraph (F), by striking ‘‘pilot’’. 
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130 STAT. 2377 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) REPORT TO DIRECTOR OF CORROSION POLICY AND OVER-
SIGHT.—Section 2228(e)(2) of such title is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘Each report’’; 
(2) by striking ‘‘a copy of’’ and all that follows through 
the period and inserting ‘‘a summary of the most recent report 
required by subparagraph (B).’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(B) Not later than December 31 of each year, through 
December 31, 2020, the corrosion control and prevention executive 
of a military department shall submit to the Director of Corrosion 
Policy and Oversight a report containing recommendations per-
taining to the corrosion control and prevention program of the 
military department. Such report shall include recommendations 
for the funding levels necessary for the executive to carry out 
the duties of the executive under this section. The report required 
under this subparagraph shall— 
‘‘(i) provide a summary of key accomplishments, goals, and 
objectives of the corrosion control and prevention program of 
the military department; and 
‘‘(ii) include the performance measures used to ensure that 
the corrosion control and prevention program achieved the goals 
and objectives described in clause (i).’’. 
(c) CONFORMING REPEAL.—Section 903(b) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 
2228 note) is amended by striking paragraph (5). 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Report on auditable financial statements. 
Sec. 1003. Increased use of commercial data integration and analysis products for 
the purpose of preparing financial statement audits. 
Sec. 1004. Sense of Congress on sequestration. 
Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition 
Workforce Development Fund to the Treasury. 
Subtitle B—Counterdrug Activities 
Sec. 1011. Codification and modification of authority to provide support for 
counterdrug activities and activities to counter transnational organized 
crime of civilian law enforcement agencies. 
Sec. 1012. Secretary of Defense review of curricula and program structures of Na-
tional Guard counterdrug schools. 
Sec. 1013. Extension of authority to support unified counterdrug and counterter-
rorism campaign in Colombia. 
Sec. 1014. Enhancement of information sharing and coordination of military train-
ing between Department of Homeland Security and Department of De-
fense. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Definition of short-term work with respect to overhaul, repair, or main-
tenance of naval vessels. 
Sec. 1022. Warranty requirements for shipbuilding contracts. 
Sec. 1023. National Sea-Based Deterrence Fund. 
Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class 
cruisers or dock landing ships. 
Subtitle D—Counterterrorism 
Sec. 1031. Frequency of counterterrorism operations briefings. 
Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained 
at United States Naval Station, Guantanamo Bay, Cub, to the United 
States. 
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130 STAT. 2378 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1034. Prohibition on use of funds for transfer or release to certain countries 
of individuals detained at United States Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of 
United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1036. Congressional notification requirements for sensitive military operations. 
Subtitle E—Miscellaneous Authorities and Limitations 
Sec. 1041. Expanded authority for transportation by the Department of Defense of 
non-Department of Defense personnel and cargo. 
Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air 
wing headquarters required to be maintained. 
Sec. 1043. Modification to support for non-Federal development and testing of ma-
terial for chemical agent defense. 
Sec. 1044. Protection of certain Federal spectrum operations. 
Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine coun-
termeasures platforms. 
Sec. 1046. Extension of authority of Secretary of Transportation to issue non-pre-
mium aviation insurance. 
Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination 
cover. 
Sec. 1048. Independent evaluation of Department of Defense excess property pro-
gram. 
Sec. 1049. Waiver of certain polygraph examination requirements. 
Sec. 1050. Use of Transportation Worker Identification Credential to gain access at 
Department of Defense installations. 
Sec. 1051. Limitation on availability of funds for destruction of certain landmines 
and briefing on development of replacement anti-personnel landmine 
munitions. 
Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by en-
listed personnel. 
Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units. 
Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for 
Military Affairs. 
Sec. 1055. Notification on the provision of defense sensitive support. 
Sec. 1056. Prohibition on enforcement of military commission rulings preventing 
members of the Armed Forces from carrying out otherwise lawful duties 
based on member sex. 
Subtitle F—Studies and Reports 
Sec. 1061. Temporary continuation of certain Department of Defense reporting re-
quirements. 
Sec. 1062. Reports on programs managed under alternative compensatory control 
measures in the Department of Defense. 
Sec. 1063. Matters for inclusion in report on designation of countries for which re-
wards may be paid under Department of Defense rewards program. 
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the com-
batant commands and annual report on combatant command require-
ments. 
Sec. 1065. Management and reviews of electromagnetic spectrum. 
Sec. 1066. Requirement for notice and reporting to Committees on Armed Services 
on certain expenditures of funds by Defense Intelligence Agency. 
Sec. 1067. Congressional notification of biological select agent and toxin theft, loss, 
or release involving the Department of Defense. 
Sec. 1068. Report on service-provided support and enabling capabilities to United 
States special operations forces. 
Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of 
Central America. 
Sec. 1070. Report on counterproliferation activities and programs. 
Sec. 1071. Report on testing and integration of minehunting sonar systems to im-
prove Littoral Combat Ship minehunting capabilities. 
Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope 
Army Airfield and Air Force support for such jumps. 
Sec. 1073. Study on military helicopter noise. 
Sec. 1074. Independent review of United States military strategy and force posture 
in the United States Pacific Command area of responsibility. 
Sec. 1075. Assessment of the joint ground forces of the Armed Forces. 
Subtitle G—Other Matters 
Sec. 1081. Technical and clerical amendments. 
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130 STAT. 2379 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1082. Increase in maximum amount available for equipment, services, and 
supplies provided for humanitarian demining assistance. 
Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under 
a cross-servicing agreement. 
Sec. 1084. Modification of requirements relating to management of military techni-
cians. 
Sec. 1085. Streamlining of the National Security Council. 
Sec. 1086. National biodefense strategy. 
Sec. 1087. Global Cultural Knowledge Network. 
Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century. 
Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in 
Marana, Arizona, on April 8, 2000. 
Sec. 1090. Cost of Wars. 
Sec. 1091. Reconnaissance Strike Group matters. 
Sec. 1092. Border security metrics. 
Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Un-
known Soldier. 
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A air-
craft. 
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port. 
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign coun-
tries and transfer to certain persons. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 2017 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$4,500,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by subsection (a) to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. REPORT ON AUDITABLE FINANCIAL STATEMENTS. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
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130 STAT. 2380 
PUBLIC LAW 114–328—DEC. 23, 2016 
defense committees a report ranking all military departments and 
Defense Agencies in order of how advanced they are in achieving 
auditable financial statements as required by law. The report should 
not include information otherwise available in other reports to 
Congress. 
SEC. 1003. INCREASED USE OF COMMERCIAL DATA INTEGRATION AND 
ANALYSIS PRODUCTS FOR THE PURPOSE OF PREPARING 
FINANCIAL STATEMENT AUDITS. 
(a) DEPLOYMENT OF DATA ANALYTICS CAPABILITIES.—The Sec-
retary of Defense shall use competitive procedures under chapter 
137 of title 10, United States Code, to procure or develop, as 
soon as practicable, technologies or services, including those based 
on commercially available information technologies and services 
to improve data collection and analyses to support preparation 
of auditable financial statements for the Department of Defense. 
(b) USE
OF
FUNDING
AND
RESOURCES.—The Secretary of 
Defense may use science and technology funding, prototypes, and 
test and evaluation resources as appropriate in support of this 
deployment. 
(c) REPORT ON PERFORMANCE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense, 
in consultation with the Chief Financial Officer and the Chief 
Management Officer of the Department of Defense, shall submit 
to the congressional defense committees a report on the capabilities 
procured pursuant to subsection (a), including the results of using 
such capabilities in connection with auditing a financial statement 
of the Department of Defense. 
SEC. 1004. SENSE OF CONGRESS ON SEQUESTRATION. 
It is the sense of the Congress that— 
(1) the fiscal challenges of the Federal Government are 
a top priority for Congress, and sequestration—non-strategic, 
across-the-board budget cuts—remains an unreasonable and 
inadequate budgeting tool to address the deficits and debt 
of the Federal Government; 
(2) budget caps imposed by the Budget Control Act of 
2011 (Public Law 112–25) impose unacceptable limitations on 
the budget and increase risk to the national security of the 
United States; and 
(3) the budget caps imposed by the Budget Control Act 
of 2011 must be modified or eliminated through a bipartisan 
legislative agreement. 
SEC. 1005. REQUIREMENT TO TRANSFER FUNDS FROM DEPARTMENT 
OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT 
FUND TO THE TREASURY. 
(a) TRANSFER REQUIRED.—During fiscal year 2017, the Sec-
retary of Defense shall transfer, from amounts available in the 
Department of Defense Acquisition Workforce Development Fund 
from amounts credited to the Fund pursuant to section 1705(d)(2) 
of title 10, United States Code, $475,000,000 to the Secretary of 
the Treasury for deposit in the general fund of the Treasury. 
(b) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to any other transfer authority con-
tained in this Act. 
10 USC 2222 
note. 
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130 STAT. 2381 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle B—Counterdrug Activities 
SEC. 1011. CODIFICATION AND MODIFICATION OF AUTHORITY TO PRO-
VIDE SUPPORT FOR COUNTERDRUG ACTIVITIES AND 
ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED 
CRIME OF CIVILIAN LAW ENFORCEMENT AGENCIES. 
(a) CODIFICATION AND MODIFICATION.— 
(1) IN GENERAL.—Chapter 18 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 384. Support for counterdrug activities and activities to 
counter transnational organized crime 
‘‘(a) SUPPORT TO OTHER AGENCIES.—The Secretary of Defense 
may provide support for the counterdrug activities or activities 
to counter transnational organized crime of any other department 
or agency of the Federal Government or of any State, local, tribal, 
or foreign law enforcement agency for any of the purposes set 
forth in subsection (b) or (c), as applicable, if— 
‘‘(1) in the case of support described in subsection (b), 
such support is requested— 
‘‘(A) by the official who has responsibility for the 
counterdrug activities or activities to counter transnational 
organized crime of the department or agency of the Federal 
Government, in the case of support for other departments 
or agencies of the Federal Government; or 
‘‘(B) by the appropriate official of a State, local, or 
tribal government, in the case of support for State, local, 
or tribal law enforcement agencies; or 
‘‘(2) in the case of support described in subsection (c), 
such support is requested by an appropriate official of a depart-
ment or agency of the Federal Government, in coordination 
with the Secretary of State, that has counterdrug responsibil-
ities or responsibilities for countering transnational organized 
crime. 
‘‘(b) TYPES OF SUPPORT FOR AGENCIES OF UNITED STATES.— 
The purposes for which the Secretary may provide support under 
subsection (a) for other departments or agencies of the Federal 
Government or a State, local, or tribal law enforcement agencies, 
are the following: 
‘‘(1) The maintenance and repair of equipment that has 
been made available to any department or agency of the Federal 
Government or to any State, local, or tribal government by 
the Department of Defense for the purposes of— 
‘‘(A) preserving the potential future utility of such 
equipment for the Department of Defense; and 
‘‘(B) upgrading such equipment to ensure compatibility 
of that equipment with other equipment used by the 
Department. 
‘‘(2) The maintenance, repair, or upgrading of equipment 
(including computer software), other than equipment referred 
to in paragraph (1) for the purpose of— 
‘‘(A) ensuring that the equipment being maintained 
or repaired is compatible with equipment used by the 
Department of Defense; and 
10 USC 384. 
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130 STAT. 2382 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) upgrading such equipment to ensure the compat-
ibility of that equipment with equipment used by the 
Department. 
‘‘(3) The transportation of personnel of the United States 
and foreign countries (including per diem expenses associated 
with such transportation), and the transportation of supplies 
and equipment, for the purpose of facilitating counterdrug 
activities or activities to counter transnational organized crime 
within or outside the United States. 
‘‘(4) The establishment (including an unspecified minor 
military construction project) and operation of bases of oper-
ations or training facilities for the purpose of facilitating 
counterdrug activities or activities to counter transnational 
organized crime of the Department of Defense or any Federal, 
State, local, or tribal law enforcement agency within or outside 
the United States. 
‘‘(5) Counterdrug or counter-transnational organized crime 
related training of law enforcement personnel of the Federal 
Government, of State, local, and tribal governments, including 
associated support expenses for trainees and the provision of 
materials necessary to carry out such training. 
‘‘(6) The detection, monitoring, and communication of the 
movement of— 
‘‘(A) air and sea traffic within 25 miles of and outside 
the geographic boundaries of the United States; and 
‘‘(B) surface traffic outside the geographic boundary 
of the United States and within the United States not 
to exceed 25 miles of the boundary if the initial detection 
occurred outside of the boundary. 
‘‘(7) Construction of roads and fences and installation of 
lighting to block drug smuggling corridors across international 
boundaries of the United States. 
‘‘(8) Establishment of command, control, communications, 
and computer networks for improved integration of law enforce-
ment, active military, and National Guard activities. 
‘‘(9) The provision of linguist and intelligence analysis serv-
ices. 
‘‘(10) Aerial and ground reconnaissance. 
‘‘(c) TYPES OF SUPPORT FOR FOREIGN LAW ENFORCEMENT AGEN-
CIES.— 
‘‘(1) PURPOSES.—The purposes for which the Secretary may 
provide support under subsection (a) for foreign law enforce-
ment agencies are the following: 
‘‘(A) The transportation of personnel of the United 
States and foreign countries (including per diem expenses 
associated with such transportation), and the transpor-
tation of supplies and equipment, for the purpose of facili-
tating counterdrug activities or activities to counter 
transnational organized crime within or outside the United 
States. 
‘‘(B) The establishment (including small scale construc-
tion) and operation of bases of operations or training facili-
ties for the purpose of facilitating counterdrug activities 
or activities to counter transnational organized crime of 
a foreign law enforcement agency outside the United States. 
‘‘(C) The detection, monitoring, and communication of 
the movement of— 
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130 STAT. 2383 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(i) air and sea traffic within 25 miles of and 
outside the geographic boundaries of the United States; 
and 
‘‘(ii) surface traffic outside the geographic bound-
aries of the United States. 
‘‘(D) Establishment of command, control, communica-
tions, and computer networks for improved integration of 
United States Federal and foreign law enforcement entities 
and United States Armed Forces. 
‘‘(E) The provision of linguist and intelligence analysis 
services. 
‘‘(F) Aerial and ground reconnaissance. 
‘‘(2) COORDINATION
WITH
SECRETARY
OF
STATE.—In pro-
viding support for a purpose described in this subsection, the 
Secretary shall coordinate with the Secretary of State. 
‘‘(d) CONTRACT AUTHORITY.—In carrying out subsection (a), the 
Secretary may acquire services or equipment by contract for support 
provided under that subsection if the Department of Defense would 
normally acquire such services or equipment by contract for the 
purpose of conducting a similar activity for the Department. 
‘‘(e) LIMITED WAIVER OF PROHIBITION.—Notwithstanding section 
376 of this title, the Secretary may provide support pursuant to 
subsection (a) in any case in which the Secretary determines that 
the provision of such support would adversely affect the military 
preparedness of the United States in the short term if the Secretary 
determines that the importance of providing such support outweighs 
such short-term adverse effect. 
‘‘(f) CONDUCT
OF TRAINING
OR OPERATION TO AID CIVILIAN 
AGENCIES.—In providing support pursuant to subsection (a), the 
Secretary may plan and execute otherwise valid military training 
or operations (including training exercises undertaken pursuant 
to section 1206(a) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1564) 
for the purpose of aiding civilian law enforcement agencies. 
‘‘(g) RELATIONSHIP TO OTHER SUPPORT AUTHORITIES.— 
‘‘(1) ADDITIONAL
AUTHORITY.—The authority provided in 
this section for the support of counterdrug activities or activities 
to counter transnational organized crime by the Department 
of Defense is in addition to, and except as provided in paragraph 
(2), not subject to the other requirements of this chapter. 
‘‘(2) EXCEPTION.—Support under this section shall be sub-
ject to the provisions of section 375 and, except as provided 
in subsection (e), section 376 of this title. 
‘‘(h) CONGRESSIONAL NOTIFICATION.— 
‘‘(1) IN GENERAL.—Not less than 15 days before providing 
support for an activity under subsection (a), the Secretary of 
Defense shall submit to the appropriate committees of Congress 
a written and electronic notice of the following: 
‘‘(A) In the case of support for a purpose described 
in subsection (c)— 
‘‘(i) the country the capacity of which will be built 
or enabled through the provision of such support; 
‘‘(ii) the budget, implementation timeline with 
milestones, anticipated delivery schedule for support, 
and completion date for the purpose or project for 
which support is provided; 
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130 STAT. 2384 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(iii) the source and planned expenditure of funds 
provided for the project or purpose; 
‘‘(iv) a description of the arrangements, if any, 
for the sustainment of the project or purpose and the 
source of funds to support sustainment of the capabili-
ties and performance outcomes achieved using such 
support, if applicable; 
‘‘(v) a description of the objectives for the project 
or purpose and evaluation framework to be used to 
develop capability and performance metrics associated 
with operational outcomes for the recipient; 
‘‘(vi) information, including the amount, type, and 
purpose, about the support provided the country during 
the three fiscal years preceding the fiscal year for 
which the support covered by the notice is provided 
under this section under— 
‘‘(I) this section; 
‘‘(II) section 23 of the Arms Export Control 
Act (22 U.S.C. 2763); 
‘‘(III) peacekeeping operations; 
‘‘(IV) the International Narcotics Control and 
Law Enforcement program under section 481 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 
2291); 
‘‘(V) 
Nonproliferation, 
Anti-Terrorism, 
Demining, and Related Programs; 
‘‘(VI) counterdrug activities authorized by sec-
tion 1004 of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 374 note) and 
section 1033 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85); 
or 
‘‘(VII) any other significant program, account, 
or activity for the provision of security assistance 
that the Secretary of Defense and the Secretary 
of State consider appropriate; 
‘‘(vii) an evaluation of the capacity of the recipient 
country to absorb the support provided; and 
‘‘(viii) an evaluation of the manner in which the 
project or purpose for which the support is provided 
fits into the theater security cooperation strategy of 
the applicable geographic combatant command. 
‘‘(B) In the case of support for a purpose described 
in subsection (b) or (c), a description of any small scale 
construction project for which support is provided. 
‘‘(2) COORDINATION
WITH
SECRETARY
OF
STATE.—In pro-
viding notice under this subsection for a purpose described 
in subsection (c), the Secretary of Defense shall coordinate 
with the Secretary of State. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate committees of Congress’ means— 
‘‘(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Foreign Affairs 
of the House of Representatives; and 
‘‘(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Foreign Relations 
of the Senate. 
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130 STAT. 2385 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) The term ‘Indian tribe’ means a Federally recognized 
Indian tribe. 
‘‘(3) The term ‘small scale construction’ means construction 
at a cost not to exceed $750,000 for any project. 
‘‘(4) The term ‘tribal government’ means the governing 
body of an Indian tribe, the status of whose land is ‘Indian 
country’ as defined in section 1151 of title 18 or held in trust 
by the United States for the benefit of the Indian tribe. 
‘‘(5) The term ‘tribal law enforcement agency’ means the 
law enforcement agency of a tribal government. 
‘‘(6) The term ‘transnational organized crime’ means self- 
perpetuating 
associations 
of 
individuals 
who 
operate 
transnationally for the purpose of obtaining power, influence, 
monetary, or commercial gains, wholly or in part by illegal 
means, while protecting their activities through a pattern of 
corruption or violence or through a transnational organization 
structure and the exploitation of transnational commerce or 
communication mechanisms.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 18 of such title is amended by adding 
at the end the following new item: 
‘‘384. Support for counterdrug activities and activities to counter transnational orga-
nized crime.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1004 of the 
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
374 note) is repealed. 
SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA AND PRO-
GRAM 
STRUCTURES 
OF 
NATIONAL 
GUARD 
COUNTERDRUG SCHOOLS. 
(a) IN GENERAL.—Section 901 of the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109–469; 
32 U.S.C. 112 note) is amended— 
(1) by redesignating subsections (e) through (g) as sub-
sections (f) through (h), respectively; and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) CURRICULUM REVIEW.—The Secretary of Defense shall 
review the curriculum and program structure of each school estab-
lished under this section.’’. 
(b) TECHNICAL AMENDMENT.—Subsection (d)(1) of such section 
is amended by striking ‘‘section 112(b) of that title 32’’ and inserting 
‘‘section 112(b) of title 32’’. 
SEC. 
1013. 
EXTENSION 
OF 
AUTHORITY 
TO 
SUPPORT 
UNIFIED 
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN 
COLOMBIA. 
Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as most recently amended by section 1011 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 962), is further amended— 
(1) in subsection (a)(1), by striking ‘‘2017’’ and inserting 
‘‘2019’’; and 
(2) in subsection (c), by striking ‘‘2017’’ and inserting 
‘‘2019’’. 
10 USC 371 prec. 
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130 STAT. 2386 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1014. ENHANCEMENT OF INFORMATION SHARING AND COORDINA-
TION OF MILITARY TRAINING BETWEEN DEPARTMENT OF 
HOMELAND SECURITY AND DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—The Secretary of Homeland Security shall 
ensure that the information needs of the Department of Homeland 
Security relating to civilian law enforcement activities in proximity 
to the international borders of the United States are identified 
and communicated to the Secretary of Defense for the purposes 
of the planning and executing of military training by the Depart-
ment of Defense. 
(b) FORMAL MECHANISM OF NOTIFICATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Secu-
rity, in coordination with the Secretary of Defense, shall estab-
lish a formal mechanism through which the information needs 
of the Department of Homeland Security relating to civilian 
law enforcement activities in proximity to the international 
borders of the United States are identified and communicated 
to the Secretary of Defense for the purposes of the planning 
and executing military training by the Department of Defense. 
(2) DISSEMINATION TO THE ARMED FORCES.—To the extent 
practicable, the Secretary of Defense shall ensure that such 
information needs are disseminated to the Armed Forces in 
a timely manner so the Armed Forces may take into account 
the information needs of civilian law enforcement when plan-
ning and executing training in accordance with section 371 
of title 10, United States Code. 
(3) COORDINATION OF TRAINING.—To the maximum extent 
practicable, the Secretary of Defense shall ensure that the 
planning and execution of training described in paragraph (2) 
is coordinated with the Department of Homeland Security. 
(c) SHARING OF CERTAIN INFORMATION.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of Homeland Security and the Secretary of Defense shall jointly 
formulate guidance to ensure that the information relevant to 
civilian law enforcement matters that is collected by the Armed 
Forces during the normal course of military training or operations 
in proximity to the international borders of the United States 
is provided promptly to relevant officials in accordance with section 
371 of title 10, United States Code. 
(d) ANNUAL REPORTS.— 
(1) DEPARTMENT OF DEFENSE REPORT.— 
(A) IN GENERAL.—Not later than March 31 of each 
year, the Secretary of Defense shall submit to the congres-
sional defense committees, the Committee on Homeland 
Security of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report on any assistance provided by the 
Department of Defense to the border security mission of 
the Department of Homeland Security at the international 
borders of the United States during the fiscal year pre-
ceding the fiscal year during which the report is submitted. 
(B) ELEMENTS.—Each report submitted under subpara-
graph (A) shall include each of the following: 
(i) A description of the military training and oper-
ational activities of each military component leveraged, 
pursuant to section 371 of title 10, United States Code, 
10 USC 271 note. 
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130 STAT. 2387 
PUBLIC LAW 114–328—DEC. 23, 2016 
to support the border security mission of the Depart-
ment of Homeland Security at the southern border 
of the United States. 
(ii) For each activity described in clause (i), each 
of the following, identified by component: 
(I) The Department of Homeland Security 
information need that was supported. 
(II) The military training or operational 
activity leveraged to provide support. 
(III) The duration of the support. 
(IV) The cost of the support. 
(iii) A description of any Department of Defense 
activities provided in response to a request for assist-
ance from the Department of Homeland Security. 
(iv) For each activity described in clause (iii)— 
(I) The stated rationale of the Department 
of Homeland Security for requesting assistance 
from the Department of Defense. 
(II) The capability provided by the Department 
of Defense. 
(III) The duration of the assistance provided 
by the capability. 
(IV) The statutory authority under which the 
assistance was provided. 
(V) The cost of the assistance provided. 
(VI) Whether the Department of Defense was 
reimbursed by the Department of Homeland Secu-
rity for the assistance provided. 
(VII) In the case of assistance for which the 
Department of Defense was not reimbursed, the 
justification for non-reimbursement. 
(v) A description of any Department of Defense 
excess property provided to U. S. Customs and Border 
Protection. 
(vi) The status of the implementation of this sec-
tion. 
(vii) A description of any other activity the Sec-
retary of Defense determines relevant. 
(2) DEPARTMENT
OF
HOMELAND
SECURITY
REPORT.—Not 
later than March 31 of each year, the Secretary of Homeland 
Security shall submit to the congressional defense committees, 
the Committee on Homeland Security of the House of Rep-
resentatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on— 
(A) any activities of the Department of Homeland Secu-
rity to reduce, mitigate, or eliminate the demand for 
Department of Defense support at the international borders 
of the United States; and 
(B) the status of implementation of this section. 
(3) TERMINATION.—The requirement to submit a report 
under paragraph (1) or (2) shall terminate on January 31, 
2020. 
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130 STAT. 2388 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle C—Naval Vessels and Shipyards 
SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO 
OVERHAUL, REPAIR, OR MAINTENANCE OF NAVAL VES-
SELS. 
Section 7299a(c)(4) of title 10, United States Code, is amended 
by striking ‘‘six months’’ and inserting ‘‘10 months’’. 
SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING CON-
TRACTS. 
(a) WARRANTY REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 633 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 7318. Warranty requirements for shipbuilding contracts 
‘‘(a) REQUIREMENT.—A contracting officer for a contract for 
new construction for which funds are expended from the Ship-
building and Conversion, Navy account shall require, as a condition 
of the contract, that the work performed under the contract is 
covered by a warranty for a period of at least one year. 
‘‘(b) WAIVER.—If the contracting officer for a contract covered 
by the requirement under subsection (a) determines that a limited 
liability of warranted work is in the best interest of the Government, 
the contracting officer may agree to limit the liability of the work 
performed under the contract to a level that the contracting officer 
determines is sufficient to protect the interests of the Government 
and in keeping with historical levels of warranted work on similar 
vessels.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘7318. Warranty requirements for shipbuilding contracts.’’. 
(b) EFFECTIVE DATE.—Section 7318 of title 10, United States 
Code, as added by subsection (a), shall take effect on the later 
of the following dates: 
(1) The date of the enactment of the National Defense 
Authorization for Fiscal Year 2018. 
(2) September 30, 2017. 
SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND. 
(a) AUTHORITY
FOR MULTIYEAR PROCUREMENT
OF CRITICAL 
COMPONENTS
TO
SUPPORT
CONTINUOUS
PRODUCTION
OF
THE 
COMMON MISSILE COMPARTMENT.—Section 2218a of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (i) and (j) as subsections 
(j) and (k), respectively; and 
(2) by inserting after subsection (h) the following new sub-
section (i): 
‘‘(i) AUTHORITY
FOR MULTIYEAR PROCUREMENT
OF CRITICAL 
COMPONENTS
TO
SUPPORT
CONTINUOUS
PRODUCTION
OF
THE 
COMMON MISSILE COMPARTMENT.—(1) To implement the continuous 
production of the common missile compartment, the Secretary of 
the Navy may use funds deposited in the Fund, in conjunction 
with funds appropriated for the procurement of other nuclear-pow-
ered vessels, to enter into one or more multiyear contracts (including 
10 USC 7318 
note. 
10 USC 7291 
prec. 
10 USC 7318. 
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130 STAT. 2389 
PUBLIC LAW 114–328—DEC. 23, 2016 
economic ordering quantity contracts), for the procurement of crit-
ical contractor-furnished and Government-furnished components for 
the common missile compartments of national sea-based deterrence 
vessels. The authority under this subsection extends to the procure-
ment of equivalent critical parts, components, systems, and sub-
systems common with and required for other nuclear-powered ves-
sels. 
‘‘(2) In each annual budget request submitted to Congress, 
the Secretary shall clearly identify funds requested for the common 
missile compartment and the individual ships and programs for 
which such funds are requested. 
‘‘(3) Any contract entered into pursuant to paragraph (1) shall 
provide that any obligation of the United States to make a payment 
under the contract is subject to the availability of appropriations 
for that purpose and that the total liability to the Government 
for the termination of the contract shall be limited to the total 
amount of funding obligated for the contract as of the date of 
the termination.’’. 
(b) DEFINITION OF NATIONAL SEA-BASED DETERRENCE VESSEL.— 
Subsection (k)(2) of such section, as redesignated by subsection 
(b), is amended— 
(1) by striking ‘‘any vessel’’ and inserting ‘‘any submersible 
vessel constructed or purchased after fiscal year 2016 that 
is’’; and 
(2) by inserting ‘‘and’’ before ‘‘that carries’’. 
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVA-
TION OF TICONDEROGA-CLASS CRUISERS OR DOCK 
LANDING SHIPS. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for the Department of Defense for 
fiscal year 2017 may be obligated or expended— 
(1) to retire, prepare to retire, or inactivate a cruiser or 
dock landing ship; or 
(2) to place more than six cruisers and one dock landing 
ship in the modernization program under section 1026(a)(2) 
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 
113–291; 128 Stat. 3490). 
Subtitle D—Counterterrorism 
SEC. 
1031. 
FREQUENCY 
OF 
COUNTERTERRORISM 
OPERATIONS 
BRIEFINGS. 
(a) IN GENERAL.—Subsection (a) of section 485 of title 10, 
United States Code is amended by striking ‘‘quarterly’’ and inserting 
‘‘monthly’’. 
(b) SECTION HEADING.—The section heading for such section 
is amended by striking ‘‘Quarterly’’ and inserting ‘‘Monthly’’. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the item 
relating to section 485 and inserting the following new item: 
‘‘485. Monthly counterterrorism operations briefings.’’. 
10 USC 480 prec. 
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130 STAT. 2390 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUB, TO THE UNITED 
STATES. 
No amounts authorized to be appropriated or otherwise made 
available for the Department of Defense may be used during the 
period beginning on the date of the enactment of this Act and 
ending on December 31, 2017, to transfer, release, or assist in 
the transfer or release to or within the United States, its territories, 
or possessions of Khalid Sheikh Mohammed or any other detainee 
who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after January 20, 2009, at United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be appropriated 
or otherwise made available to the Department of Defense may 
be used during the period beginning on the date of the enactment 
of this Act and ending on December 31, 2017, to construct or 
modify any facility in the United States, its territories, or posses-
sions to house any individual detained at Guantanamo for the 
purposes of detention or imprisonment in the custody or under 
the control of the Department of Defense unless authorized by 
Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to any modification of facilities at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 
section, the term ‘‘individual detained at Guantanamo’’ has the 
meaning given that term in section 1034(f)(2) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 971; 10 U.S. C. 801 note). 
SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 
RELEASE TO CERTAIN COUNTRIES OF INDIVIDUALS 
DETAINED AT UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
No amounts authorized to be appropriated or otherwise made 
available for the Department of Defense may be used during the 
period beginning on the date of the enactment of this Act and 
ending on December 31, 2017, to transfer, release, or assist in 
the transfer or release of any individual detained in the custody 
or under the control of the Department of Defense at United States 
Naval Station, Guantanamo Bay, Cuba, to the custody or control 
of any country, or any entity within such country, as follows: 
(1) Libya. 
(2) Somalia. 
(3) Syria. 
(4) Yemen. 
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130 STAT. 2391 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF 
FORCES AT OR CLOSURE OF UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
No amounts authorized to be appropriated or otherwise made 
available for the Department of Defense for fiscal year 2017 may 
be used— 
(1) to close or abandon United States Naval Station, 
Guantanamo Bay, Cuba; 
(2) to relinquish control of Guantanamo Bay to the Republic 
of Cuba; or 
(3) to implement a material modification to the Treaty 
Between the United States of America and Cuba signed at 
Washington, D.C. on May 29, 1934, that constructively closes 
United States Naval Station, Guantanamo Bay. 
SEC. 1036. CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR SEN-
SITIVE MILITARY OPERATIONS. 
(a) TIMING OF NOTIFICATIONS.—Subsection (a) of section 130f 
of title 10, United States Code, is amended in the first sentence, 
by inserting ‘‘no later than 48 hours’’ before ‘‘following such oper-
ation’’. 
(b) PROCEDURES.—Subsection (b) of such section is amended— 
(1) In paragraph (1), by adding at the end the following 
new sentence: ‘‘The Secretary shall promptly notify the congres-
sional defense committees in writing of any changes to such 
procedures at least 14 days prior to the adoption of any such 
changes’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) In the event of an unauthorized disclosure of a sensitive 
military operation covered by this section, the Secretary shall 
ensure, to the maximum extent practicable, that the congressional 
defense committees are notified immediately of the sensitive mili-
tary operation concerned. The notification under this paragraph 
may be verbal or written, but in the event of a verbal notification 
a written notification shall be provided by not later than 48 hours 
after the provision of the verbal notification.’’. 
(c) 
BRIEFING
REQUIREMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a), by striking the second sentence; and 
(2) in subsection (c), by inserting before the period at the 
end the following: ‘‘, including Department of Defense support 
to such operations conducted under the National Security Act 
of 1947 (50 U.S.C. 3001 et seq.)’’. 
(d) DEFINITION OF SENSITIVE MILITARY OPERATION.—Subsection 
(d) of such section is amended by striking ‘‘means’’ and all that 
follows and inserting ‘‘means the following:’’ 
‘‘(1) A lethal operation or capture operation— 
‘‘(A) conducted by the armed forces outside a declared 
theater of active armed conflict; or 
‘‘(B) conducted by a foreign partner in coordination 
with the armed forces that targets a specific individual 
or individuals. 
‘‘(2) An operation conducted by the armed forces outside 
a declared theater of active armed conflict in self-defense or 
in defense of foreign partners, including during a cooperative 
operation.’’. 
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130 STAT. 2392 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) REPEAL OF EXCEPTION TO NOTIFICATION REQUIREMENT.— 
Such section is further amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
(f) CONFORMING AMENDMENTS.— 
(1) SECTION HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 130f. Notification requirements for sensitive military oper-
ations’’. 
(2) TABLE OF SECTIONS AMENDMENT.—The table of sections 
at the beginning of chapter 3 of such title is amended by 
striking the item relating to section 130f and inserting the 
following new item: 
‘‘130f. Notification requirements for sensitive military operations.’’. 
Subtitle E—Miscellaneous Authorities and 
Limitations 
SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION BY THE 
DEPARTMENT OF DEFENSE OF NON-DEPARTMENT OF 
DEFENSE PERSONNEL AND CARGO. 
(a) TRANSPORTATION OF ALLIED AND CIVILIAN PERSONNEL AND 
CARGO.—Subsection (c) of section 2649 of title 10, United States 
Code, is amended— 
(1) in the subsection heading, by striking ‘‘PERSONNEL’’ 
and inserting ‘‘AND CIVILIAN PERSONNEL AND CARGO’’; 
(2) by striking ‘‘Until January 6, 2016, when’’ and inserting 
‘‘When’’; and 
(3) by striking ‘‘allied forces or civilians’’, and inserting 
‘‘allied and civilian personnel and cargo’’. 
(b) COMMERCIAL INSURANCE.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(d) COMMERCIAL INSURANCE.—The Secretary may enter into 
a contract or other arrangement with one or more commercial 
providers to make insurance products available to non-Department 
of Defense shippers using the Defense Transportation System to 
insure against the loss or damage of the shipper’s cargo. Any 
such contract or arrangement shall provide that— 
‘‘(1) any insurance premium is collected by the commercial 
provider; 
‘‘(2) any claim for loss or damage is processed and paid 
by the commercial provider; 
‘‘(3) the commercial provider agrees to hold the United 
States harmless and waive any recourse against the United 
States for amounts paid to an insured as a result of a claim; 
and 
‘‘(4) the contract between the commercial provider and the 
insured shall contain a provision whereby the insured waives 
any claim against the United States for loss or damage that 
is within the scope of enumerated risks covered by the insur-
ance product.’’. 
(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—Subsection 
(b) of such section is amended by striking ‘‘this section’’ both places 
it appears and inserting ‘‘subsection (a)’’. 
10 USC 121 prec. 
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130 STAT. 2393 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1042. REDUCTION IN MINIMUM NUMBER OF NAVY CARRIER AIR 
WINGS 
AND 
CARRIER 
AIR 
WING 
HEADQUARTERS 
REQUIRED TO BE MAINTAINED. 
(a) CODIFICATION AND REDUCTION.—Section 5062 of title 10, 
United States Code, is amended by adding at the end the following 
new subsection: 
‘‘(e) The Secretary of the Navy shall ensure that— 
‘‘(1) the Navy maintains a minimum of 9 carrier air wings 
until the earlier of— 
‘‘(A) the date on which additional operationally 
deployable aircraft carriers can fully support a 10th carrier 
air wing; or 
‘‘(B) October 1, 2025; 
‘‘(2) after the earlier of the two dates referred to in subpara-
graphs (A) and (B) of paragraph (1), the Navy maintains a 
minimum of 10 carrier air wings; and 
‘‘(3) for each such carrier air wing, the Navy maintains 
a dedicated and fully staffed headquarters.’’. 
(b) REPEAL OF SUPERSEDED REQUIREMENT.—Section 1093 of 
the National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1606; 10 U.S.C. 5062 note) is repealed. 
SEC. 1043. MODIFICATION TO SUPPORT FOR NON-FEDERAL DEVELOP-
MENT AND TESTING OF MATERIAL FOR CHEMICAL AGENT 
DEFENSE. 
Section 1034 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181) is amended— 
(1) in subsection (d)— 
(A) by striking ‘‘report on the use of the authority 
under subsection (a)’’ and all that follows and inserting 
‘‘report that includes—’’ 
‘‘(A) a description of— 
‘‘(i) each use of the authority under subsection 
(a); and 
‘‘(ii) for each such use, the specific material made 
available and to whom it was made available; and 
‘‘(B) a description of— 
‘‘(i) any instance in which the Department of 
Defense made available to a State, a unit of local 
government, or a private entity any biological select 
agent or toxin for the development or testing of any 
biodefense technology; and 
‘‘(ii) for each such instance, the specific material 
made available and to whom it was made available.’’; 
and 
(B) by adding at the end the following new paragraph: 
‘‘(3) The requirement to submit a report under paragraph 
(1) shall terminate on January 31, 2021.’’; and 
(2) in subsection (e), by striking ‘‘this section’’ and all 
that follows and inserting ‘‘this section:’’ 
‘‘(1) The terms ‘precursor’, ‘protective purposes’, and ‘toxic 
chemical’ have the meanings given those terms in the conven-
tion referred to in subsection (c), in paragraph 2, paragraph 
9(b), and paragraph 1, respectively, of article II of that conven-
tion. 
‘‘(2) The term ‘biological select agent or toxin’ means any 
agent or toxin identified under any of the following: 
10 USC 372 note. 
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130 STAT. 2394 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) Section 331.3 of title 7, Code of Federal Regula-
tions. 
‘‘(B) Section 121.3 or section 121.4 of title 9, Code 
of Federal Regulations. 
‘‘(C) Section 73.3 or section 73.4 of title 42, Code of 
Federal Regulations.’’. 
SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPER-
ATIONS. 
Section 1004 of the Bipartisan Budget Act of 2015 (Public 
Law 114–74; 47 U.S.C. 921 note) is amended by adding at the 
end the following: 
‘‘(d) PROTECTION
OF
CERTAIN
FEDERAL
SPECTRUM
OPER-
ATIONS.—If the report required by subsection (a) determines that 
reallocation and auction of the spectrum described in the report 
would harm national security by impacting existing terrestrial Fed-
eral spectrum operations at the Nevada Test and Training Range, 
the Commission, in coordination with the Secretary shall, prior 
to the auction described in subsection (c)(1)(B), establish rules for 
licensees in such spectrum sufficient to mitigate harmful inter-
ference to such operations. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to affect any requirement under section 1062(b) of 
the National Defense Authorization Act for Fiscal Year 2000 (47 
U.S.C. 921 note; Public Law 106–65).’’. 
SEC. 1045. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF 
LEGACY MARITIME MINE COUNTERMEASURES PLAT-
FORMS. 
(a) PROHIBITIONS.—Except as provided under subsection (b), 
none of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for the Navy may 
be obligated or expended to— 
(1) retire, prepare to retire, transfer, or place in storage 
any AVENGER-class mine countermeasures ship or associated 
equipment; 
(2) retire, prepare to retire, transfer, or place in storage 
any SEA DRAGON (MH–53) helicopter or associated equip-
ment; 
(3) make any reductions to manning levels with respect 
to any AVENGER-class mine countermeasures ship; or 
(4) make any reductions to manning levels with respect 
to any SEA DRAGON (MH–53) helicopter squadron or detach-
ment. 
(b) WAIVER.—The Secretary of the Navy may waive the limita-
tions under subsection (a) if the Secretary certifies to the congres-
sional defense committees that the Secretary has— 
(1) identified a replacement capability and the necessary 
quantity of such systems to meet all combatant commander 
mine countermeasures operational requirements that are cur-
rently being met by the AVENGER-class ships and SEA 
DRAGON helicopters to be retired, transferred, or placed in 
storage; 
(2) achieved initial operational capability of all systems 
described in paragraph (1); and 
(3) deployed a sufficient quantity of systems described in 
paragraph (1) that have achieved initial operational capability 
to continue to meet or exceed all combatant commander mine 
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130 STAT. 2395 
PUBLIC LAW 114–328—DEC. 23, 2016 
countermeasures operational requirements currently being met 
by the AVENGER-class ships and SEA DRAGON helicopters. 
SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPOR-
TATION TO ISSUE NON-PREMIUM AVIATION INSURANCE. 
Section 44310(b) of title 49, United States Code, is amended 
by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. 
SEC. 1047. EVALUATION OF NAVY ALTERNATE COMBINATION COVER 
AND UNISEX COMBINATION COVER. 
(a) MANDATORY POSSESSION OR WEAR DATE.—The Secretary 
of the Navy shall change the mandatory possession or wear date 
of the alternate combination cover or the unisex combination cover 
from October 31, 2016, to October 31, 2018. 
(b) EVALUATION AND REPORT.—Not later than February 1, 2017, 
the Secretary of the Navy shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a 
report on the evaluation of the Navy female service dress uniforms 
based on surveying a representative group of female officer and 
enlisted service members. Such evaluation shall include each of 
the following: 
(1) An identification of the operational need addressed by 
the alternate combination cover or the unisex combination 
cover. 
(2) An assessment of the individual cost of service dress 
uniform items to members of the Armed Forces as a percentage 
of their monthly pay. 
(3) The composition of each uniform item’s wear test group. 
(4) An identification of the costs to the Navy and to indi-
vidual members of the Armed Forces for uniform changes 
identified in the Navy administrative message 236/15 dated 
October 9, 2015. 
(5) The opinions of a representative group of female officer 
and enlisted service members of the Navy active and reserve 
components. 
(6) Any other rationale the Secretary determines appro-
priate. 
SEC. 1048. INDEPENDENT EVALUATION OF DEPARTMENT OF DEFENSE 
EXCESS PROPERTY PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall enter into 
an agreement with a federally funded research and development 
center, or another appropriate independent entity, with relevant 
expertise to conduct an evaluation of the Department of Defense 
excess property program under section 2576a of title 10, United 
States Code. Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit such evaluation to the 
congressional defense committees. 
(b) ELEMENTS OF EVALUATION.—The evaluation required under 
paragraph (1) shall include each of the following: 
(1) A review of the current listing of ‘‘authorized’’, ‘‘con-
trolled’’, and ‘‘prohibited’’ items as defined by Executive Order 
13688 and by Department of Defense policy, guidance, and 
instruction, as well as why each item is currently assigned 
to each category. 
(2) A review of the preferences and any associated 
prioritization provided to Federal, State, and local law enforce-
ment agency requests for excess equipment to be used in border 
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130 STAT. 2396 
PUBLIC LAW 114–328—DEC. 23, 2016 
security, counterdrug, and counterterrorism activities, pursuant 
to section 2576a(a)(1)(A) of title 10 United States Code, 
including the overall numbers and percentages of equipment 
provided and used under these preferential categories. 
(3) Whether the Department of Defense has bought a type 
of equipment and declared as excess the same type of equipment 
during the same year, and if so, how much such equipment. 
(4) The type of information being collected by State 
coordinators and the Defense Logistics Agency when a request 
for equipment is made, and whether or not that information 
is sufficient to demonstrate a need for the equipment requested 
by the law enforcement agency making the request. 
(5) The extent to which State coordinators and the Defense 
Logistics Agency deny requests for equipment and the reasons 
for such denials. 
(6) The extent to which law enforcement agencies have 
been suspended from participating in the program and the 
reasons for such suspensions. 
(7) Any other matters the Secretary determines appro-
priate. 
SEC. 1049. WAIVER OF CERTAIN POLYGRAPH EXAMINATION REQUIRE-
MENTS. 
The Secretary of Homeland Security, acting through the 
Commissioner of U.S. Customs and Border Protection, may waive 
the polygraph examination requirement under section 3 of the 
Anti-Border Corruption Act of 2010 (Public Law 111–376) for any 
applicant who— 
(1) the Commissioner determines is suitable for employ-
ment; 
(2) holds a current, active Top Secret clearance and is 
able to access sensitive compartmented information; 
(3) has a current single scope background investigation; 
(4) was not granted any waivers to obtain the clearance; 
and 
(5) is a veteran (as such term is defined in section 2108 
or 2109a of title 5, United States Code). 
SEC. 1050. USE OF TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL TO GAIN ACCESS AT DEPARTMENT OF 
DEFENSE INSTALLATIONS. 
(a) ACCESS TO INSTALLATIONS FOR CREDENTIALED TRANSPOR-
TATION WORKERS.—During the period that the Secretary is devel-
oping and fielding physical access standards, capabilities, processes, 
and electronic access control systems, the Secretary shall, to the 
maximum extent practicable, ensure that the Transportation 
Worker Identification Credential (TWIC) shall be accepted as a 
valid credential for unescorted access to Department of Defense 
installations by transportation workers. 
(b) CREDENTIALED TRANSPORTATION WORKERS WITH SECRET 
CLEARANCE.—TWIC-carrying transportation workers who also have 
a current Secret Level Clearance issued by the Department of 
Defense shall be considered exempt from further vetting when 
seeking unescorted access at Department of Defense facilities. 
Access security personnel shall verify such person’s security clear-
ance in a timely manner and provide them with unescorted access 
to complete their freight service. 
10 USC 113 note. 
6 USC 221 note. 
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130 STAT. 2397 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUC-
TION 
OF 
CERTAIN 
LANDMINES 
AND 
BRIEFING 
ON 
DEVELOPMENT 
OF 
REPLACEMENT 
ANTI-PERSONNEL 
LANDMINE MUNITIONS. 
(a) LIMITATION.—Except as provided in subsection (b), none 
of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 for the Department of Defense 
may be obligated or expended for the destruction of anti-personnel 
landmine munitions before the date on which the Secretary of 
Defense submits the report required by section 1058(c) of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 986). 
(b) EXCEPTION
FOR SAFETY.—Subsection (a) shall not apply 
to any anti-personnel landmine munitions that the Secretary deter-
mines are unsafe or could pose a safety risk if not demilitarized 
or destroyed. 
(c) BRIEFING REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
provide to the congressional defense committees a briefing on 
the current state of research and development into operational 
alternatives to anti-personnel landmine munitions. 
(2) FORM OF BRIEFING.—The briefing required by paragraph 
(1) may contain classified information. 
(d) ANTI-PERSONNEL LANDMINE MUNITIONS DEFINED.—In this 
section, the term ‘‘anti-personnel landmine munitions’’ includes anti- 
personnel landmines and sub-munitions as defined by the Conven-
tion on the Prohibition of the Use, Stockpiling, Production and 
Transfer of Anti-Personnel Mines and on their Destruction, as deter-
mined by the Secretary. 
SEC. 1052. TRANSITION OF AIR FORCE TO OPERATION OF REMOTELY 
PILOTED AIRCRAFT BY ENLISTED PERSONNEL. 
(a) TRANSITION REQUIRED.—The Secretary of the Air Force 
shall transition the Air Force to an organizational model for all 
Air Force remotely piloted aircraft that uses a significant number 
of enlisted personnel as operators of such aircraft rather than 
officers only. 
(b) DEADLINES.— 
(1) REGULAR COMPONENT.—For the regular component of 
the Air Force, the transition required by subsection (a) shall 
be completed not later than September 30, 2020. 
(2) RESERVE COMPONENTS.—For the Air Force Reserve and 
Air National Guard, the transition required by subsection (a) 
shall be completed not later than September 30, 2023. 
(c) TRANSITION MATTERS.—The transition required by sub-
section (a) shall account for the following: 
(1) Training infrastructure for enlisted personnel operating 
Air Force remotely piloted aircraft. 
(2) Supervisory roles for officers and senior enlisted per-
sonnel for enlisted personnel operating Air Force remotely 
piloted aircraft. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than March 1, 2017, the 
Secretary of the Air Force shall submit to the Committees 
on Armed Services of the Senate and the House of Representa-
tives a report that sets forth a detailed description of the 
10 USC 8062 
note. 
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130 STAT. 2398 
PUBLIC LAW 114–328—DEC. 23, 2016 
plan for the transition required by subsection (a), including 
the following: 
(A) The objectives of the transition. 
(B) The timeline of the transition. 
(C) The resources required to implement the transition. 
(D) Recommendations for any legislation action 
required to implement the transition. 
(E) The assumptions used to complete the transition. 
(F) Risks associated with implementing the transition. 
(2) REPORTS ON PROGRESS OF IMPLEMENTATION.—Not later 
than March 1, 2018, and each March 1 thereafter until the 
transition required by subsection (a) is completed, the Secretary 
shall submit to the committees referred to in paragraph (1) 
a report on the progress of the Air Force in implementing 
the plan required under that paragraph and in achieving the 
transition required by subsection (a). 
SEC. 1053. PROHIBITION ON DIVESTMENT OF MARINE CORPS SEARCH 
AND RESCUE UNITS. 
None of the amounts authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for the Navy 
or the Marine Corps may be obligated or expended— 
(1) to retire, prepare to retire, transfer, or place in storage 
any Marine Corps Search and Rescue Unit (SRU) aircraft; 
or 
(2) to make any change or revision to manning levels 
with respect to any Marine Corps Search and Rescue Unit 
squadron. 
SEC. 1054. SUPPORT FOR THE ASSOCIATE DIRECTOR OF THE CENTRAL 
INTELLIGENCE AGENCY FOR MILITARY AFFAIRS. 
(a) SELECTION OF ASSOCIATE DIRECTOR.—The Associate Director 
of the Central Intelligence Agency for Military Affairs shall be 
selected by the Secretary of Defense, with the concurrence of the 
Director of the Central Intelligence Agency, from among commis-
sioned officers of the Armed Forces who are general or flag officers. 
(b) SUPPORT FOR ACTIVITIES.— 
(1) IN GENERAL.—In order to improve the provision of sup-
port to, and the receipt of support from, the Central Intelligence 
Agency, and to improve deconfliction of the activities of the 
Central Intelligence Agency and the Department of Defense, 
the Secretary of Defense and the Under Secretary of Defense 
for Intelligence shall ensure that the Associate Director of 
the Central Intelligence Agency for Military Affairs has access 
to, and support from, offices, agencies, and programs of the 
Department necessary for the purposes of the Associate Director 
as follows: 
(A) To facilitate and coordinate Department of Defense 
support for the Central Intelligence Agency requested by 
the Director of the Central Intelligence Agency and 
approved by the Secretary, including oversight of Depart-
ment of Defense military and civilian personnel detailed 
or assigned to the Central Intelligence Agency. 
(B) To prioritize, communicate, and coordinate Depart-
ment of Defense requests for, and the provision of support 
to, the Department of Defense from the Central Intelligence 
Agency, including support requested by and provided to 
50 USC 3524. 
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130 STAT. 2399 
PUBLIC LAW 114–328—DEC. 23, 2016 
the commanders of the combatant commands and subordi-
nate task forces and commands. 
(2) POLICIES.—The Under Secretary shall develop and 
supervise the implementation of policies to integrate and 
communicate 
Department 
of 
Defense 
requirements 
and 
requests for support from the Central Intelligence Agency that 
are coordinated by the Associate Director pursuant to para-
graph (1)(B). 
SEC. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE 
SUPPORT. 
(a) LIMITATION.—The Secretary of Defense may provide defense 
sensitive support to a non-Department of Defense Federal depart-
ment or agency only after the Secretary has determined that such 
support— 
(1) is consistent with the mission and functions of the 
Department of Defense; and 
(2) does— 
(A) not significantly interfere with the mission or func-
tions of the Department; or 
(B) interfere with the mission and functions of the 
Department of Defense but such support is in the national 
security interest of the United States. 
(b) NOTICE REQUIRED.— 
(1) IN
GENERAL.—Except as provided in paragraph (3), 
before providing defense sensitive support to a non-Department 
of Defense Federal department or agency, the Secretary of 
Defense shall notify the congressional defense committees, and, 
when the part of the Department of Defense providing the 
sensitive support is a member of the intelligence community, 
the congressional intelligence committees of the Secretary’s 
intent to provide such support. 
(2) CONTENTS.—Notice provided under paragraph (1) shall 
include the following: 
(A) A description of the support to be provided. 
(B) A description of how the support is consistent with 
the mission and functions of the Department. 
(C) A description of how the support— 
(i) does not significantly interfere with the mission 
or functions of the Department; or 
(ii) significantly interferes with the mission or 
functions of the Department but is in the national 
security interest of the United States. 
(3) TIME SENSITIVE SUPPORT.—In the event that the provi-
sion of defense sensitive support is time-sensitive, the Sec-
retary— 
(A) may provide notification under paragraph (1) after 
providing the support; and 
(B) shall provide such notice as soon as practicable 
after providing such support, but not later than 48 hours 
after providing the support. 
(c) DEFENSE SENSITIVE SUPPORT DEFINED.—In this section, the 
term ‘‘defense sensitive support’’ means support provided by the 
Department of Defense to a non-Department of Defense Federal 
department or agency that requires special protection from disclo-
sure. 
10 USC 113 note. 
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130 STAT. 2400 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1056. PROHIBITION ON ENFORCEMENT OF MILITARY COMMIS-
SION RULINGS PREVENTING MEMBERS OF THE ARMED 
FORCES FROM CARRYING OUT OTHERWISE LAWFUL 
DUTIES BASED ON MEMBER SEX. 
(a) PROHIBITION.—No order, ruling, finding, or other determina-
tion of a military commission may be construed or implemented 
to prohibit or restrict a member of the Armed Forces from carrying 
out duties otherwise lawfully assigned to such member to the extent 
that the basis for such prohibition or restriction is the sex of 
such member. 
(b) APPLICABILITY
TO PRIOR ORDERS, ETC..—The prohibition 
or restriction described in subsection (a) shall, upon motion, apply 
to any order, ruling, finding, or other determination described in 
that subsection that was issued before the date of the enactment 
of this Act in a military commission and is still effective as of 
the date of such motion. 
(c) MILITARY COMMISSION DEFINED.—In this section, the term 
‘‘military commission’’ means a military commission established 
under chapter 47A of title 10, United States Code, and any military 
commission otherwise established or convened by law. 
Subtitle F—Studies and Reports 
SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DEPARTMENT OF 
DEFENSE REPORTING REQUIREMENTS. 
(a) EXCEPTIONS TO REPORTS TERMINATION PROVISION.—Section 
1080 of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) 
does not apply to any report required to be submitted to Congress 
by the Department of Defense, or by any officer, official, component, 
or element of the Department, pursuant to a provision of law 
specified in this section, notwithstanding the enactment of the 
reporting requirement by an annual national defense authorization 
Act or the inclusion of the report in the list of reports prepared 
by the Secretary of Defense pursuant to subsection (c) of such 
section 1080. 
(b) FINAL TERMINATION DATE FOR SUBMITTAL OF EXEMPTED 
REPORTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), each 
report required pursuant to a provision of law specified in 
this section that is still required to be submitted to Congress 
as of December 31, 2021, shall no longer be required to be 
submitted to Congress after that date. 
(2) REPORTS
EXEMPTED
FROM
TERMINATION.—The termi-
nation dates specified in paragraph (1) and section 1080 of 
the National Defense Authorization Act for Fiscal Year 2016 
do not apply to the following: 
(A) The submission of the reports on the National 
Military Strategy and Risk Assessment under section 
153(b)(3) of title 10, United States Code. 
(B) The submission of the future-years defense program 
(including associated annexes) under section 221 of title 
10, United States Code. 
(C) The submission of the future-years mission budget 
for the military programs of the Department of Defense 
under section 221 of such title. 
10 USC 111 note. 
10 USC 948a 
note. 
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130 STAT. 2401 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) The submission of audits of contracting compliance 
by the Inspector General of the Department of Defense 
under section 1601(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 
2533a note). 
(c) REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.— 
Subject to subsection (b), subsection (a) applies to reporting require-
ments contained in the following sections of title 10, United States 
Code: 
(1) Section 113(i). 
(2) Section 117(e). 
(3) 118a(d). 
(4) Section 119(a) and (b). 
(5) Section 127b(f). 
(6) Section 139(h). 
(7) Section 139b(d). 
(8) Sections 153(c). 
(9) Section 171a(e) and (g)(2). 
(10) Section 179(f). 
(11) Section 196(d)(1), (d)(4), and (e)(3). 
(12) Section 223a(a). 
(13) Section 225(c) 
(14) Section 229. 
(15) Section 231. 
(16) Section 231a. 
(17) Section 238. 
(18) Section 341(f) of title 10, United States Code, as 
amended by section 1246 of this Act. 
(19) Section 401(d). 
(20) Section 407(d). 
(21) Section 481a(c). 
(22) Section 482(a). 
(23) Section 488(c). 
(24) Section 494(b). 
(25) Section 526(j). 
(26) Section 946(c) (Article 146 of the Uniform Code of 
Military Justice). 
(27) Section 981(c). 
(28) Section 1116(d). 
(29) Section 1566(c)(3). 
(30) Section 1557(e). 
(31) Section 1781a(e). 
(32) Section 1781c(h). 
(33) Section 2011(e). 
(34) Section 2166(i). 
(35) Section 2218(h). 
(36) Section 2228(e). 
(37) Section 2229(d). 
(38) Section 2229a. 
(39) Section 2249c(c). 
(40) Section 2275. 
(41) Section 2276(e). 
(42) Section 2367(d). 
(43) Section 2399(g). 
(44) Section 2445b. 
(45) Section 2464(d). 
(46) Section 2466(d). 
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130 STAT. 2402 
PUBLIC LAW 114–328—DEC. 23, 2016 
(47) Section 2504. 
(48) Section 2561(c). 
(49) Section 2684a(g). 
(50) Section 2687a. 
(51) Section 2711. 
(52) Sections 2884(b) and (c). 
(53) Section 2911(a) and (b)(3). 
(54) Section 2925. 
(55) Section 2926(c)(4). 
(56) Section 4361(d)(4)(B). 
(57) Section 4721(e). 
(58) Section 6980(d)(4)(B). 
(59) Section 7310(c). 
(60) Section 9361(d)(4)(B). 
(61) Section 10216(c). 
(62) Section 10541. 
(63) Section 10543. 
(d) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION 
ACT FOR FISCAL YEAR 2015.—Subject to subsection (b), subsection 
(a) applies to reporting requirements contained in the following 
sections of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 
291): 
(1) Section 546(d) (10 U.S.C. 1561 note). 
(2) Section 1003 (10 U.S.C. 221 note). 
(3) Section 1026(d) (128 Stat. 3490). 
(4) Section 1055 (128 Stat. 3498). 
(5) Section 1204(b) (10 U.S.C. 2249e note). 
(6) Section 1205(e) (128 Stat. 3537). 
(7) Section 1206(e) (10 U.S.C. 2282 note). 
(8) Section 1211 (128 Stat. 3544). 
(9) Section 1225 (128 Stat. 3550). 
(10) Section 1235 (128 Stat. 3558). 
(11) Section 1245 (128 Stat. 3566). 
(12) Section 1253(b) (22 U.S.C. 2151 note). 
(13) Section 1275(b) (128 Stat. 3591). 
(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743). 
(15) Section 1650 (128 Stat. 3653). 
(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; 10 U.S.C. 
2431 note). 
(17) Section 2821(a)(3) (10 U.S.C. 2687 note). 
(e) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION 
ACT FOR FISCAL YEAR 2014.—Subject to subsection (b), subsection 
(a) applies to reporting requirements contained in the following 
sections of the National Defense Authorization Act for Fiscal Year 
2014 (Public Law 113–66): 
(1) Section 704(e) (10 U.S.C. 1074 note). 
(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note). 
(3) Section 904(d)(2) (10 U.S.C. 111 note). 
(4) Section 1205(f)(3) (32 U.S.C. 107 note). 
(f) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION 
ACT FOR FISCAL YEAR 2013.—Subject to subsection (b), subsection 
(a) applies to reporting requirements contained in the following 
sections of the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239): 
(1) Section 524(c)(2) (10 U.S.C. 1222 note). 
(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note). 
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130 STAT. 2403 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) Section 1009 (126 Stat. 1906). 
(4) Section 1023 (126 Stat. 1911). 
(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101 
note). 
(g) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION 
ACT FOR FISCAL YEAR 2011.—Subject to subsection (b), subsection 
(a) applies to reporting requirements contained in the following 
sections of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383): 
(1) Section 123 (10 U.S.C. 167 note). 
(2) Section 1216(c) (124 Stat. 4392). 
(3) Section 1217(i) (22 U.S.C. 7513 note). 
(4) Section 1631(d) (10 U.S.C. 1561 note). 
(h) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION 
ACT FOR FISCAL YEAR 2010.—Subject to subsection (b), subsection 
(a) applies to reporting requirements contained in the following 
sections of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84): 
(1) Section 711(d) (10 U.S.C. 1071 note). 
(2) Section 1003(b) (10 U.S.C. 2222 note). 
(3) Section 1244(d) (22 U.S.C. 1928 note). 
(4) Section 1245 (123 Stat. 2542). 
(5) Section 1806 (10 U.S.C. 948a note). 
(i) REPORTS REQUIRED BY OTHER LAWS.—Subject to subsection 
(b), subsection (a) applies to reporting requirements contained in 
the following provisions of law: 
(1) Sections 1412(i) and (j) of the National Defense 
Authorization Act, 1986 (50 U.S.C. 1521), as amended by section 
1421 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383). 
(2) Section 1703 of the National Defense Authorization 
Act for Fiscal Year 1994 (50 U.S.C. 1523). 
(3) Section 717(c) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073 
note). 
(4) Section 234 of the National Defense Authorization Act 
for Fiscal Year 1998 (50 U.S.C. 2367). 
(5) Section 1309(c) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113 
note). 
(6) Section 1237(b)(2) of the National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 
note). 
(7) Section 1202 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 
note). 
(8) Section 232(h)(2) of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2431 
note). 
(9) Section 366(a)(5) and (c)(2) of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public Law 
107–314; 10 U.S.C. 113 note). 
(10) Section 1208(f) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2086). 
(11) Section 1208(d) of the National Defense Authorization 
Act for 2006 (Public Law 109–163; 119 Stat. 3459). 
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130 STAT. 2404 
PUBLIC LAW 114–328—DEC. 23, 2016 
(12) Section 1405(d) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801 
note). 
(13) Section 122(f)(1) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2104). 
(14) Section 721 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2294). 
(15) Section 1017(e) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
10 U.S.C. 2631 note). 
(16) Section 1517(f) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2443). 
(17) Section 911(f)(2) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2271 
note). 
(18) Section 1034(d) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309). 
(19) Section 1107(d) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 358). 
(20) Section 1233(f) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393). 
(21) Section 1234(e) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394). 
(22) Section 219(c) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 
10 U.S.C. 2358 note). 
(23) Section 533(i) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 110–417). 
(24) Section 1047(d)(2) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 
110–417; 10 U.S.C. 2366b note). 
(25) Section 1201(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1619). 
(26) Section 1236 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641). 
(27) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c– 
1(b)(3)). 
(28) Section 1511(h) of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 411(h)). 
(29) Section 901(f) of the Office of National Drug Control 
Policy Reauthorization Act of 2006 (Public Law 109–469; 32 
U.S.C. 112 note), as added by section 1008 of the National 
Defense Authorization Act for Fiscal Year 2013 (Public Law 
112–239). 
(30) Section 14 of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98h–5). 
(31) Section 105A(b) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (52 U.S.C. 20308(b)), as added by 
section 586 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84). 
(32) Section 112(f) of title 32, United States Code. 
(33) Section 310b(i)(2) of title 37, United States Code. 
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130 STAT. 2405 
PUBLIC LAW 114–328—DEC. 23, 2016 
(j) CONFORMING AMENDMENT.—Section 1080(a) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1000; 10 U.S.C. 111 note) is amended— 
(1) by striking ‘‘on the date that is two years after the 
date of the enactment of this Act’’ and inserting ‘‘November 
25, 2017’’; and 
(2) by striking ‘‘effective’’. 
(k) REPORT TO CONGRESS.—Not later than February 1, 2017, 
the Secretary of Defense shall submit to the congressional defense 
committees a report that includes each of the following: 
(1) A list of all reports that are required to be submitted 
to Congress as of the date of the enactment of this Act that 
will no longer be required to be submitted to Congress as 
of November 25, 2017. 
(2) For each such report, a citation to the provision of 
law under which the report is or was required to be submitted. 
SEC. 1062. REPORTS ON PROGRAMS MANAGED UNDER ALTERNATIVE 
COMPENSATORY CONTROL MEASURES IN THE DEPART-
MENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 2 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 119a. Programs managed under alternative compensatory 
control measures: congressional oversight 
‘‘(a) ANNUAL REPORT ON CURRENT PROGRAMS UNDER AACMS.— 
‘‘(1) IN GENERAL.—Not later than March 1 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the programs being managed under 
alternative compensatory control measures in the Department 
of Defense. 
‘‘(2) ELEMENTS.—Each report under paragraph (1) shall 
set forth the following: 
‘‘(A) The total amount requested for programs being 
managed under alternative compensatory control measures 
in the Department in the budget of the President under 
section 1105 of title 31 for the fiscal year beginning in 
the fiscal year in which such report is submitted. 
‘‘(B) For each program in that budget that is a program 
being managed under alternative compensatory control 
measures in the Department— 
‘‘(i) a brief description of the program; 
‘‘(ii) a brief discussion of the major milestones 
established for the program; 
‘‘(iii) the actual cost of the program for each fiscal 
year during which the program has been conducted 
before the fiscal year during which that budget is 
submitted; and 
‘‘(iv) the estimated total cost of the program and 
the estimated cost of the program for— 
‘‘(I) the current fiscal year; 
‘‘(II) the fiscal year for which that budget is 
submitted; and 
‘‘(III) each of the four succeeding fiscal years 
during which the program is expected to be con-
ducted. 
10 USC 119a. 
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130 STAT. 2406 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(3) ELEMENTS ON PROGRAMS COVERED BY MULTIYEAR BUDG-
ETING.—In the case of a report under paragraph (1) submitted 
in a year during which the budget of the President for the 
fiscal year concerned does not, because of multiyear budgeting 
for the Department, include a full budget request for the 
Department, the report required by paragraph (1) shall set 
forth— 
‘‘(A) the total amount already appropriated for the 
next fiscal year for programs being managed under alter-
native compensatory control measures in the Department, 
and any additional amount requested in that budget for 
such programs for such fiscal year; and 
‘‘(B) for each program that is a program being managed 
under alternative compensatory control measures in the 
Department, the information specified in paragraph (2)(B). 
‘‘(b) ANNUAL REPORT ON NEW PROGRAMS UNDER AACMS.— 
‘‘(1) IN GENERAL.—Not later than February 1 each year, 
the Secretary shall submit to the congressional defense commit-
tees a report that, with respect to each new program being 
managed under alternative compensatory control measures in 
the Department, provides— 
‘‘(A) notice of the designation of the program as a 
program being managed under alternative compensatory 
control measures in the Department; and 
‘‘(B) a justification for such designation. 
‘‘(2) ADDITIONAL ELEMENTS.—A report under paragraph (1) 
with respect to a program shall include— 
‘‘(A) the current estimate of the total program cost 
for the program; and 
‘‘(B) an identification of existing programs or tech-
nologies that are similar to the technology, or that have 
a mission similar to the mission, of the program that is 
the subject of the report. 
‘‘(3) NEW PROGRAM BEING MANAGED UNDER ALTERNATIVE 
COMPENSATORY
CONTROL
MEASURES
DEFINED.—In this sub-
section, the term ‘new program being managed under alter-
native compensatory control measures’ means a program in 
the Department that has not previously been covered by a 
report under this subsection. 
‘‘(c) REPORT ON CHANGE IN CLASSIFICATION OR DECLASSIFICA-
TION OF PROGRAMS.— 
‘‘(1) IN GENERAL.—Whenever a change in the classification 
of a program being managed under alternative compensatory 
control measures in the Department is planned to be made, 
or whenever classified information concerning a program being 
managed under alternative compensatory control measures in 
the Department is to be declassified and made public, the 
Secretary shall submit to the congressional defense committees 
a report containing a description of the proposed change, the 
reasons for the proposed change, and notice of any public 
announcement planned to be made with respect to the proposed 
change. 
‘‘(2) DEADLINE FOR REPORT.—Except as provided in para-
graph (3), a report required by paragraph (1) shall be submitted 
not less than 14 days before the date on which the proposed 
change or public announcement concerned is to occur. 
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130 STAT. 2407 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(3) EXCEPTION.—If the Secretary determines that because 
of exceptional circumstances the requirement in paragraph (2) 
cannot be met with respect to a proposed change or public 
announcement concerning a program covered by paragraph (1), 
the Secretary may submit the report required by that paragraph 
regarding the proposed change or public announcement at any 
time before the proposed change or public announcement is 
made, and shall include in the report an explanation of the 
exceptional circumstances. 
‘‘(d) MODIFICATION OF CRITERIA OR POLICY FOR DESIGNATING 
PROGRAMS UNDER ACCMS.—Whenever there is a modification or 
termination of the policy or criteria used for designating a program 
as a program being managed under alternative compensatory con-
trol measures in the Department, the Secretary shall promptly 
notify the congressional defense committees of such modification 
or termination. Any such notification shall contain the reasons 
for the modification or termination and, in the case of a modifica-
tion, the provisions of the policy or criteria as modified. 
‘‘(e) WAIVER.— 
‘‘(1) IN GENERAL.—The Secretary may waive any require-
ment in subsection (a), (b), or (c) that certain information 
be included in a report under such subsection if the Secretary 
determines that inclusion of that information in the report 
would adversely affect the national security. Any such waiver 
shall be made on a case-by-case basis. 
‘‘(2) NOTICE TO CONGRESS.—If the Secretary exercises the 
authority in paragraph (1), the Secretary shall provide the 
information described in the applicable subsection with respect 
to the program concerned, and the justification for the waiver, 
jointly to the chairman and ranking minority member of each 
of the congressional defense committees. 
‘‘(f) LIMITATION ON INITIATION OF PROGRAMS UNDER ACCMS.— 
‘‘(1) NOTICE AND WAIT.—Except as provided in paragraph 
(2), a program to be managed under alternative compensatory 
control measures in the Department may not be initiated 
until— 
‘‘(A) the congressional defense committees are notified 
of the program; and 
‘‘(B) a period of 30 days elapses after such notification 
is received. 
‘‘(2) EXCEPTION.—If the Secretary determines that waiting 
for the regular notification process before initiating a program 
as described in paragraph (1) would cause exceptionally grave 
damage to the national security, the Secretary may begin a 
program to be managed under alternative compensatory control 
measures in the Department before such waiting period elapses. 
The Secretary shall notify the congressional defense committees 
within 10 days of initiating a program under this paragraph, 
including a justification for the determination of the Secretary 
that waiting for the regular notification process would cause 
exceptionally grave damage to the national security.’’. 
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130 STAT. 2408 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 2 of such title is amended by adding at the end 
the following new item: 
‘‘119a. Programs managed under alternative compensatory control measures: con-
gressional oversight.’’. 
SEC. 1063. MATTERS FOR INCLUSION IN REPORT ON DESIGNATION 
OF COUNTRIES FOR WHICH REWARDS MAY BE PAID 
UNDER DEPARTMENT OF DEFENSE REWARDS PROGRAM. 
Section 127b(h) of title 10, United States Code, is amended— 
(1) in paragraph (2), by inserting ‘‘and justification’’ after 
‘‘reason’’; and 
(2) by amending paragraph (3) to read as follows: 
‘‘(3) An estimate of the amount or value of the rewards 
to be paid as monetary payment or payment-in-kind under 
this section.’’. 
SEC. 1064. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE 
ARMED FORCES AND THE COMBATANT COMMANDS AND 
ANNUAL REPORT ON COMBATANT COMMAND REQUIRE-
MENTS. 
(a) ANNUAL REPORTS REQUIRED.— 
(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 
is amended by inserting after section 222 the following new 
section: 
‘‘§ 222a. Unfunded priorities of the armed forces and combat-
ant commands: annual report 
‘‘(a) ANNUAL REPORT.—Not later than 10 days after the date 
on which the budget of the President for a fiscal year is submitted 
to Congress pursuant to section 1105 of title 31, each officer speci-
fied in subsection (b) shall submit to the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff, and to the congres-
sional defense committees, a report on the unfunded priorities of 
the armed force or forces or combatant command under the jurisdic-
tion or command of such officer. 
‘‘(b) OFFICERS.—The officers specified in this subsection are 
the following: 
‘‘(1) The Chief of Staff of the Army. 
‘‘(2) The Chief of Naval Operations. 
‘‘(3) The Chief of Staff of the Air Force. 
‘‘(4) The Commandant of the Marine Corps. 
‘‘(5) The commanders of the combatant commands estab-
lished under section 161 of this title. 
‘‘(c) ELEMENTS.— 
‘‘(1) IN GENERAL.—Each report under this subsection shall 
specify, for each unfunded priority covered by such report, 
the following: 
‘‘(A) A summary description of such priority, including 
the objectives to be achieved if such priority is funded 
(whether in whole or in part). 
‘‘(B) The additional amount of funds recommended in 
connection with the objectives under subparagraph (A). 
‘‘(C) Account information with respect to such priority, 
including the following (as applicable): 
‘‘(i) Line Item Number (LIN) for applicable procure-
ment accounts. 
10 USC 222a. 
10 USC 111 prec. 
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130 STAT. 2409 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) Program Element (PE) number for applicable 
research, development, test, and evaluation accounts. 
‘‘(iii) Sub-activity group (SAG) for applicable oper-
ation and maintenance accounts. 
‘‘(2) PRIORITIZATION
OF
PRIORITIES.—Each report shall 
present the unfunded priorities covered by such report in order 
of urgency of priority. 
‘‘(d) UNFUNDED PRIORITY DEFINED.—In this section, the term 
‘unfunded priority’, in the case of a fiscal year, means a program, 
activity, or mission requirement that— 
‘‘(1) is not funded in the budget of the President for the 
fiscal year as submitted to Congress pursuant to section 1105 
of title 31; 
‘‘(2) is necessary to fulfill a requirement associated with 
an operational or contingency plan of a combatant command 
or other validated requirement; and 
‘‘(3) would have been recommended for funding through 
the budget referred to in paragraph (1) by the officer submitting 
the report required by subsection (a) in connection with the 
budget if— 
‘‘(A) additional resources been available for the budget 
to fund the program, activity, or mission requirement; or 
‘‘(B) the program, activity, or mission requirement has 
emerged since the budget was formulated.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 9 of such title is amended by inserting 
after the item relating to section 222 the following new item: 
‘‘222a. Unfunded priorities of the armed forces and combatant commands: annual 
report.’’. 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 1003 of the 
National Defense Authorization Act for Fiscal Year 2013 (Public 
Law 113–239; 126 Stat. 1903) is repealed. 
(c) SUBMITTAL OF ANNUAL REPORT ON COMBATANT COMMAND 
REQUIREMENTS.—Section 153(c)(1) of title 10, United States Code, 
is amended by striking ‘‘At or about the time that the budget 
is submitted to Congress for a fiscal year under section 1105(a) 
of title 31’’ and inserting ‘‘Not later than 25 days after the date 
on which the budget of the President for a fiscal year is submitted 
to Congress pursuant to section 1105(a) of title 31’’. 
SEC. 1065. MANAGEMENT AND REVIEWS OF ELECTROMAGNETIC SPEC-
TRUM. 
(a) MANAGEMENT AND REVIEWS.— 
(1) IN GENERAL.—Section 488 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 488. Management and review of electromagnetic spectrum 
‘‘(a) ORGANIZATION.—The Secretary of Defense shall— 
‘‘(1) ensure the effective organization and management of 
the electromagnetic spectrum used by the Department of 
Defense; and 
‘‘(2) establish an enduring review and evaluation process 
that— 
‘‘(A) considers all requirements relating to such spec-
trum; and 
10 USC 221 prec. 
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130 STAT. 2410 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) ensures that all users of such spectrum, regardless 
of the classification of such uses, are involved in the deci-
sion-making process of the Department concerning the 
potential sharing, reassigning, or reallocating of such spec-
trum, or the relocation of the uses by the Department 
of such spectrum. 
‘‘(b) REPORTS.—(1) From time to time as the Secretary and 
the Chairman of the Joint Chiefs of Staff determine useful for 
the effective oversight of the access by the Department to electro-
magnetic spectrum, but not less frequently than every two years, 
the Secretary and the Chairman shall jointly submit to the congres-
sional defense committees a report on national policy plans 
regarding implications for such access in bands identified for study 
for potential reallocation, or under consideration for potential re-
allocation, by the Policy and Plans Steering Group established 
by the National Telecommunications and Information Administra-
tion. 
‘‘(2) Each report under paragraph (1) shall address, with respect 
to the electromagnetic spectrum used by the Department that is 
covered by the report, the implications to the missions of the Depart-
ment resulting from sharing, reassigning, or reallocating the spec-
trum, or relocating the uses by the Department of such spectrum, 
if the Secretary and the Chairman jointly determine that such 
sharing, reassigning, reallocating, or relocation— 
‘‘(A) would potentially create a loss of essential military 
capability to the missions of the Department, as determined 
under feasibility assessments to ensure comparable capability; 
or 
‘‘(B) would not likely be possible within the 10-year period 
beginning on the date of the report.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 23 of such title is amended by striking 
the item relating to section 488 and inserting the following 
new item: 
‘‘488. Management and review of electromagnetic spectrum.’’. 
(b) ISSUANCE OF INSTRUCTION OR DIRECTIVE.—The Secretary 
of Defense shall— 
(1) not later than 180 days after the date of the enactment 
of this Act, issue a Department of Defense Instruction or a 
Department of Defense Directive to carry out section 488(a) 
of title 10, United States Code, as amended by subsection 
(a); and 
(2) upon the date of the issuance of the instruction or 
directive issued under paragraph (1), submit to the congres-
sional defense committees such instruction or directive. 
(c) INITIAL REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff shall jointly submit to the 
congressional defense committees a report described in section 
488(b) of title 10, United States Code, as amended by subsection 
(a), with respect to— 
(1) the plan by the National Telecommunications and 
Information Administration titled ‘‘Sixth Interim Progress 
Report on the Ten-Year Plan and Timetable’’ issued in June 
2016; and 
10 USC 488 note. 
10 USC 480 prec. 
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130 STAT. 2411 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) the seventh such interim progress report issued (or 
to be issued) by the National Telecommunications and Informa-
tion Administration. 
SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMIT-
TEES ON ARMED SERVICES ON CERTAIN EXPENDITURES 
OF FUNDS BY DEFENSE INTELLIGENCE AGENCY. 
Section 105(c) of the National Security Act of 1947 (50 U.S.C. 
3038(c)) is amended by inserting ‘‘, the Committee on Armed Serv-
ices of the Senate, and the Committee on Armed Services of the 
House of Representatives’’ after ‘‘committees’’ each place it appears. 
SEC. 1067. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL SELECT 
AGENT AND TOXIN THEFT, LOSS, OR RELEASE INVOLVING 
THE DEPARTMENT OF DEFENSE. 
(a) NOTIFICATION REQUIREMENT.—Not later than 15 days after 
notice of any theft, loss, or release of a biological select agent 
or toxin involving the Department of Defense is provided to the 
Centers for Disease Control and Prevention or the Animal and 
Plant Health Inspection Service, as specified by section 331.19 
of part 7 of the Code of Federal Regulations, the Secretary of 
Defense shall provide to the congressional defense committees notice 
of such theft, loss, or release. 
(b) ELEMENTS.—Notice of a theft, loss, or release of a biological 
select agent or toxin under subsection (a) shall include each of 
the following: 
(1) The name of the agent or toxin and any identifying 
information, including the strain or other relevant characteriza-
tion information. 
(2) An estimate of the quantity of the agent or toxin stolen, 
lost, or released. 
(3) The location or facility from which the theft, loss, or 
release occurred. 
(4) In the case of a release, any hazards posed by the 
release and the number of individuals potentially exposed to 
the agent or toxin. 
(5) Actions taken to respond to the theft, loss, or release. 
SEC. 1068. REPORT ON SERVICE-PROVIDED SUPPORT AND ENABLING 
CAPABILITIES TO UNITED STATES SPECIAL OPERATIONS 
FORCES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a written report on service- 
common support and enabling capabilities contributed from each 
of the military services to special operations forces. Such report 
shall include each of the following: 
(1) A definition of the terms ‘‘service-common’’ and ‘‘special 
operations-peculiar’’. 
(2) A description of the factors and process used by the 
Department of Defense to determine whether combat support, 
combat service support, base operating support, and enabling 
capabilities are service-common or special operations-peculiar. 
(3) A detailed accounting of the resources allocated by 
each military service to provide combat support, combat service 
support, base operating support, and enabling capabilities for 
special operations forces. 
50 USC 1528. 
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130 STAT. 2412 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) An identification of any change in the level or type 
of service-common support and enabling capabilities provided 
by each of the military services to special operations forces 
in the current fiscal year when compared to the preceding 
fiscal year, including the rationale for any such change and 
any mitigating actions. 
(5) An assessment of the specific effects that the budget 
request for the current fiscal year and any anticipated future 
manpower and force structure changes are likely to have on 
the ability of each of the military services to provide service- 
common support and enabling capabilities to special operations 
forces. 
(6) Any other matters the Secretary determines relevant. 
(b) ANNUAL UPDATES.—For each of fiscal years 2018 through 
2020, at the same time the Secretary of Defense submits to Congress 
the budget request for such fiscal year, the Secretary shall submit 
to the congressional defense committees an update to the report 
required under subsection (a). 
(c) FORM OF REPORT.—The report required under subsection 
(a) and each update provided under subsection (b) shall be sub-
mitted in unclassified form, but may contain a classified annex. 
SEC. 1069. REPORT ON CITIZEN SECURITY RESPONSIBILITIES IN THE 
NORTHERN TRIANGLE OF CENTRAL AMERICA. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense and the Sec-
retary of State shall jointly prepare and submit to the appropriate 
congressional committees a report on military units that have been 
assigned to policing or citizen security responsibilities in Guatemala, 
Honduras, and El Salvador. 
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include each of the following: 
(1) The following information, as of the date of the enact-
ment of this Act, with respect to military units assigned to 
policing or citizen security responsibilities in each of Guate-
mala, Honduras, and El Salvador: 
(A) The proportion of individuals in each such country’s 
military who participate in policing or citizen security 
activities relative to the total number of individuals in 
that country’s military. 
(B) Of the military units assigned to policing or citizen 
security responsibilities, the types of units conducting 
police activities. 
(C) The role of the Department of Defense and the 
Department of State in training individuals for purposes 
of participation in such military units. 
(D) The number of individuals who participated in 
such military units who received training by the Depart-
ment of Defense, and the types of training they received. 
(2) Any other information that the Secretary of Defense 
or the Secretary of State determines to be necessary to help 
better understand the relationships of the militaries of Guate-
mala, Honduras, and El Salvador to public security in such 
countries. 
(3) A description of the plan of the United States to assist 
the militaries of Guatemala, Honduras, and El Salvador to 
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130 STAT. 2413 
PUBLIC LAW 114–328—DEC. 23, 2016 
carry out their responsibilities in a manner that adheres to 
democratic principles. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may contain a classified annex. 
(d) PUBLIC AVAILABILITY.—The unclassified matter of the report 
required by subsection (a) shall be posted on a publicly available 
Internet website of the Department of Defense and a publicly avail-
able Internet website of the Department of State. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means the Com-
mittee on Armed Services and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Armed 
Services and the Committee on Foreign Relations of the Senate. 
SEC. 1070. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND 
PROGRAMS. 
(a) IN GENERAL.—Not later than July 1, 2017, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the counterproliferation activities and programs of the 
Department of Defense. 
(b) MATTERS INCLUDED.—The report required under subsection 
(a) shall include each of the following: 
(1) A complete list and assessment of existing and proposed 
capabilities and technologies for support of United States non-
proliferation policy and counterproliferation policy, with regard 
to— 
(A) interdiction; 
(B) elimination; 
(C) threat reduction cooperation; 
(D) passive defenses; 
(E) security cooperation and partner activities; 
(F) offensive operations; 
(G) active defenses; and 
(H) weapons of mass destruction consequence manage-
ment. 
(2) For the existing and proposed capabilities and tech-
nologies identified under paragraph (1), an identification of 
goals, a description of ongoing efforts, and recommendations 
for further enhancements. 
(3) A complete description of requirements and priorities 
for the development and deployment of highly effective capabili-
ties and technologies, including identifying areas for capability 
enhancement and deficiencies in existing capabilities and tech-
nologies. 
(4) A comprehensive discussion of the near-term, mid-term, 
and long-term programmatic options for meeting requirements 
and eliminating deficiencies, including the annual funding 
requirements and completion dates established for each such 
option. 
(5) An outline of interagency activities and initiatives. 
(6) Any other matters the Secretary considers appropriate. 
(c) FORMS OF REPORT.—The report under subsection (a) shall 
be submitted in unclassified form, but may contain a classified 
annex. 
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130 STAT. 2414 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1071. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING 
SONAR SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP 
MINEHUNTING CAPABILITIES. 
(a) REPORT TO CONGRESS.—Not later than April 1, 2018, the 
Secretary of the Navy shall submit to the congressional defense 
committees a report that contains the findings of an assessment 
of all operational minehunting Synthetic Aperture Sonar (herein-
after referred to as ‘‘SAS’’) technologies suitable to meet the require-
ments for use on the Littoral Combat Ship Mine Countermeasures 
Mission Package. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include— 
(1) an explanation of the future acquisition strategy for 
the minehunting mission package; 
(2) specific details regarding the capabilities of all in- 
production SAS systems available for integration into the Lit-
toral Combat Ship Mine Countermeasure Mission Package; 
(3) an assessment of key performance parameters for the 
Littoral Combat Ship Mine Countermeasures Mission Package 
with each of the assessed SAS technologies; and 
(4) a review of the Department of the Navy’s efforts to 
evaluate SAS technologies in operation with allied Navies for 
future use on the Littoral Combat Ship Mine Countermeasures 
Mission Package. 
(c) SYSTEM TESTING.—The Secretary of the Navy is encouraged 
to perform at-sea testing and experimentation of sonar systems 
in order to provide data in support of the assessment required 
by subsection (a). 
SEC. 1072. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED 
AT FORT BRAGG AND POPE ARMY AIRFIELD AND AIR 
FORCE SUPPORT FOR SUCH JUMPS. 
For the period beginning on January 31, 2017, and ending 
on January 31, 2018, the Secretary of the Air Force and the Sec-
retary of the Army shall jointly submit to the Committees on 
Armed Services of the House of Representatives and the Senate 
quarterly reports on the parachute drop requirements for the XVIII 
Airborne Corps, the 82nd Airborne Division, and the United States 
Army Special Operations Command. Each such report shall include, 
for the calendar quarter covered by the report— 
(1) the total parachute drop requirement, by month; 
(2) the total parachute drops requested, by month; 
(3) the total parachute drops for which the Secretary of 
the Air Force entered into a contract, by month; 
(4) the total parachute drops executed by non-Air Force 
entities pursuant to contracts, by month; 
(5) the total parachute drops executed by the Air Force, 
by month; 
(6) if the total parachute drop requirement was not fulfilled 
for the quarter, the reasons why such requirement was not 
fulfilled and the assessment of the Secretary of the Army of 
any effects on Army readiness caused by the unfulfilled portion 
of the requirement; and 
(7) any other clarifying information, as appropriate, the 
Secretaries determine the Committees would need to under-
stand important aspects of the Air Force implementing off- 
site airlift support for XVIII Airborne Corps, the 82nd Airborne 
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130 STAT. 2415 
PUBLIC LAW 114–328—DEC. 23, 2016 
Division, and the United States Army Special Operations Com-
mand, and the ability of the Air Force to meet the training 
requirements of the Army and the United States Special Oper-
ations Command. 
SEC. 1073. STUDY ON MILITARY HELICOPTER NOISE. 
(a) IN GENERAL.—The Secretary of Defense, in coordination 
with the Administrator of the Federal Aviation Administration, 
shall— 
(1) conduct a study on the effects of military helicopter 
noise on National Capital Region communities and individuals; 
and 
(2) develop recommendations for the reduction of the effects 
of military helicopter noise on individuals, structures, and prop-
erty values in the National Capital Region. 
(b) FOCUS.—In conducting the study under subsection (a), the 
Secretary and the Administrator shall focus on air traffic control, 
airspace design, airspace management, and types of aircraft to 
address helicopter noise problems and shall take into account the 
needs of law enforcement, emergency, and military operations. 
(c) CONSIDERATION OF VIEWS.—In conducting the study under 
subsection (a), the Secretary shall consider the views of representa-
tives of— 
(1) members of the Armed Forces; 
(2) law enforcement agencies; 
(3) community stakeholders, including residents and local 
government officials; and 
(4) organizations with an interest in reducing military heli-
copter noise. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit to 
Congress a report on the results of the study conducted under 
subsection (a). 
(2) AVAILABILITY TO THE PUBLIC.—The Secretary shall make 
the report required under paragraph (1) publicly available. 
SEC. 1074. INDEPENDENT REVIEW OF UNITED STATES MILITARY 
STRATEGY AND FORCE POSTURE IN THE UNITED STATES 
PACIFIC COMMAND AREA OF RESPONSIBILITY. 
(a) INDEPENDENT REVIEW.— 
(1) IN
GENERAL.—In fiscal year 2018, the Secretary of 
Defense shall commission an independent review of United 
States policy in the Indo-Asia-Pacific region, with a focus on 
issues expected to be critical during the ten-year period begin-
ning on the date of such review, including the national security 
interests and military strategy of the United States in the 
Indo-Asia-Pacific region. 
(2) CONDUCT OF REVIEW.—The review conducted pursuant 
to paragraph (1) shall be conducted by an independent organiza-
tion that has— 
(A) recognized credentials and expertise in national 
security and military affairs; and 
(B) access to policy experts throughout the United 
States and from the Indo-Asia-Pacific region. 
(3) ELEMENTS.—Each review conducted pursuant to para-
graph (1) shall include the following elements: 
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130 STAT. 2416 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) An assessment of the risks to United States 
national security interests in the United States Pacific 
Command area of responsibility during the ten-year period 
beginning on the date of such review as a result of changes 
in the security environment. 
(B) An assessment of the current and planned United 
States force posture adjustments with respect to the Indo- 
Asia-Pacific region. 
(C) An evaluation of any key capability gaps and short-
falls of the United States in the Indo-Asia-Pacific region, 
including undersea warfare (including submarines), naval 
and maritime, ballistic missile defense, cyber, munitions, 
anti-access area denial, land-force power projection, and 
intelligence, surveillance, and reconnaissance capabilities. 
(D) An analysis of the willingness and capacity of 
allies, partners, and regional organizations to contribute 
to the security and stability of the Indo-Asia-Pacific region, 
including potential required adjustments to United States 
military strategy based on that analysis. 
(E) An evaluation of theater security cooperation efforts 
of the United States Pacific Command in the context of 
current and projected threats, and desired capabilities and 
priorities of the United States and its allies and partners. 
(F) An evaluation of the seams between United States 
Pacific Command and adjacent geographic combatant com-
mands, including an appraisal of the Arctic ambitions of 
actors in the Indo-Asia-Pacific region in the context of 
current and projected capabilities, and recommendations 
to mitigate the effects of those seams. 
(G) The views of noted policy leaders and regional 
experts, including military commanders, in the Indo-Asia- 
Pacific region. 
(b) REPORT.— 
(1) SUBMITTAL TO SECRETARY OF DEFENSE.—Not later than 
180 days after commencing the review under subsection (a), 
the independent organization conducting the review shall 
submit to the Secretary of Defense a report containing the 
findings of the review. The report shall be submitted in 
unclassified form, but may contain an classified annex. 
(2) SUBMITTAL TO CONGRESS.—Not later than 90 days after 
the date of receipt of a report required by paragraph (1), the 
Secretary shall submit to the congressional defense committees 
the report, together with any comments on the report that 
the Secretary considers appropriate. 
SEC. 1075. ASSESSMENT OF THE JOINT GROUND FORCES OF THE 
ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense, in consultation 
with the Chairman of the Joint Chiefs of Staff, the Chief of Staff 
of the Army, and the Commandant of the Marine Corps, shall 
provide for and oversee an assessment of the joint ground forces 
of the Armed Forces. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the assessment described in subsection (a). The report 
shall include the following: 
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130 STAT. 2417 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) A description of any gaps in the capabilities and capac-
ities of the joint ground forces that threaten the successful 
execution of decisive operational maneuver by the joint ground 
forces. 
(2) Recommendations for actions to be taken to eliminate 
or otherwise address such gaps in capabilities or capacities. 
(3) An assessment by each of the Chief of Staff of the 
Army and the Commandant of the Marine Corps of any specific 
gaps in the capability and capacity of the Army and Marine 
Corps, respectively, that threaten the successful execution of 
decisive operational maneuver. 
Subtitle G—Other Matters 
SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) Section 130h is amended by striking ‘‘subsection (a) 
and (b)’’ both places it appears and inserting ‘‘subsections (a) 
and (b)’’. 
(2) Section 187(a)(2)(C) is amended by striking ‘‘Acquisition, 
Logistics, and Technology’’ and inserting ‘‘Acquisition, Tech-
nology, and Logistics’’. 
(3) Section 196(c)(1)(A)(ii) is amended by striking ‘‘section 
139(i)’’ and inserting ‘‘section 139(j)’’. 
(4) Subsection (b)(1)(B) of section 1415 is amended by 
adding a period at the end of clause (ii). 
(5) Section 1705(g)(1) is amended by striking ‘‘of of’’ and 
inserting ‘‘of’’. 
(6) Section 2222 is amended— 
(A) in subsection (d)(1)(B), by inserting ‘‘to’’ before 
‘‘eliminate’’; 
(B) in subsection (g)(1)(E), by inserting ‘‘the system’’ 
before ‘‘is in compliance’’; and 
(C) in subsection (i)(5), by striking ‘‘PROGRAM’’ in the 
heading. 
(7) Subsection (d) of section 2431b is amended to read 
as follows: 
‘‘(d) DEFINITIONS.— 
‘‘(1) CONCURRENCY.—The term ‘concurrency’ means, with 
respect to an acquisition strategy, the combination or overlap 
of program phases or activities. 
‘‘(2) MAJOR
DEFENSE
ACQUISITION
PROGRAM
AND
MAJOR 
SYSTEM.—The terms ‘major defense acquisition program’ and 
‘major system’ have the meanings provided in section 2431a 
of this title.’’. 
(b) AMENDMENTS
RELATED
TO
ELIMINATION
OF
TITLE
50 
APPENDIX.— 
(1) MILITARY SELECTIVE SERVICE ACT CITATION CHANGES.— 
(A) TITLE 10, UNITED STATES CODE.—Title 10, United 
States Code, is amended as follows: 
(i) Section 101(d)(6)(B)(v) is amended by striking 
‘‘(50 U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C. 
3809(b)(2))’’. 
(ii) Section 513(c) is amended— 
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130 STAT. 2418 
PUBLIC LAW 114–328—DEC. 23, 2016 
(I) by striking ‘‘(50 U.S.C. App. 451 et seq.)’’ 
and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and 
(II) by inserting ‘‘(50 U.S.C. 3806(c)(2)(A))’’ 
after ‘‘of that Act’’. 
(iii) Section 523(b)(7) is amended by striking ‘‘(50 
U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C. 
3809(b)(2))’’. 
(iv) Section 651(a) is amended by striking ‘‘(50’’ 
and all that follows through ‘‘shall serve’’ and inserting 
‘‘(50 U.S.C. 3806(d)(1))’’. 
(v) Section 671(c)(1) is amended by striking ‘‘(50 
U.S.C. App. 454(a))’’ and inserting ‘‘(50 U.S.C. 
3803(a))’’. 
(vi) Section 1475(a)(5)(B) is amended by striking 
‘‘(50 U.S.C. App. 451 et seq.)’’ and inserting ‘‘(50 U.S.C. 
3801 et seq.)’’. 
(vii) Section 12103 is amended— 
(I) in subsections (b) and (d), by striking ‘‘(50 
U.S.C. App. 451 et seq.)’’ both places it appears 
and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and 
(II) in subsection (d), by striking ‘‘section 
6(c)(2)(A)(ii) and (iii) of such Act’’ and inserting 
‘‘clauses (ii) and (iii) of section 6(c)(2)(A) of such 
Act (50 U.S.C. 3806(c)(2)(A))’’. 
(viii) Section 12104(a) is amended by striking ‘‘(50 
U.S.C. App. 451 et seq.)’’ both places it appears and 
inserting ‘‘(50 U.S.C. 3801 et seq.)’’. 
(ix) Section 12208(a) is amended by striking ‘‘(50 
U.S.C. App. 451 et seq.)’’ both places it appears and 
inserting ‘‘(50 U.S.C. 3801 et seq.)’’. 
(B) TITLE 37, UNITED STATES CODE.—Section 209(a)(1) 
of title 37, United States Code, is amended by striking 
‘‘(50 U.S.C. App. 456(d)(1))’’ and inserting ‘‘(50 U.S.C. 
3806(d)(1))’’. 
(2) 
SERVICEMEMBERS
CIVIL
RELIEF
ACT
CITATION 
CHANGES.—Title 10, United States Code, is amended as follows: 
(A) Section 987 is amended— 
(i) in subsection (e)(2), by inserting ‘‘(50 U.S.C. 
3901 et seq.)’’ before the semicolon; and 
(ii) in subsection (g), by striking ‘‘(50 U.S.C. App. 
527)’’ and inserting ‘‘(50 U.S.C. 3937)’’. 
(B) Section 1408(b)(1)(D) is amended by striking ‘‘(50 
U.S.C. App. 501 et seq.)’’ and inserting ‘‘(50 U.S.C. 3901 
et seq.)’’. 
(3) 
EXPORT
ADMINISTRATION
ACT
OF
1979
CITATION 
CHANGES.—Title 10, United States Code, is amended as follows: 
(A) Section 130(a) is amended by striking ‘‘(50 U.S.C. 
App. 2401–2420)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’. 
(B) Section 2249a(a)(1) is amended by striking ‘‘(50 
U.S.C. App. 2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 
4605(j)(1)(A))’’. 
(C) Section 2327 is amended— 
(i) in subsection (a), by striking ‘‘(50 U.S.C. App. 
2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 4605(j)(1)(A))’’; 
and 
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130 STAT. 2419 
PUBLIC LAW 114–328—DEC. 23, 2016 
(ii) in subsection (b)(2), by striking ‘‘(50 U.S.C. 
App. 
2405(j)(1)(A))’’ 
and 
inserting 
‘‘(50 
U.S.C. 
4605(j)(1)(A))’’. 
(D) Section 2410i(a) is amended by striking ‘‘(50 U.S.C. 
App. 2402(5)(A))’’ and inserting ‘‘(50 U.S.C. 4602(5)(A))’’. 
(E) Section 7430(e) is amended by striking ‘‘(50 U.S.C. 
App. 2401 et seq.)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’. 
(4) DEFENSE PRODUCTION ACT OF 1950 CITATION CHANGES.— 
Title 10, United States Code, is amended as follows: 
(A) Section 139c is amended— 
(i) in subsection (b)— 
(I) in paragraph (11), by striking ‘‘(50 U.S.C. 
App. 2171)’’ and inserting ‘‘(50 U.S.C. 4567)’’; and 
(II) in paragraph (12)— 
(aa) by striking ‘‘(50 U.S.C. App. 2062(b))’’ 
and inserting ‘‘(50 U.S.C. 4502(b))’’; and 
(bb) by striking ‘‘(50 U.S.C. App. 2061 et 
seq.)’’ and inserting ‘‘(50 U.S.C. 4501 et seq.)’’; 
and 
(ii) in subsection (c), by striking ‘‘(50 U.S.C. App. 
2170(k))’’ and inserting ‘‘(50 U.S.C. 4565(k))’’. 
(B) Section 2537(c) is amended by striking ‘‘(50 U.S.C. 
App. 2170(a))’’ and inserting ‘‘(50 U.S.C. 4565(a))’’. 
(C) Section 9511(6) is amended by striking ‘‘(50 U.S.C. 
App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’. 
(D) Section 9512(e) is amended by striking ‘‘(50 U.S.C. 
App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’. 
(5) MERCHANT SHIP SALES ACT OF 1946 CITATION CHANGES.— 
Section 2218 of title 10, United States Code, is amended— 
(A) in subsection (c)(1)(E), by striking ‘‘(50 U.S.C. App. 
1744)’’ and inserting ‘‘(50 U.S.C. 4405)’’; and 
(B) in subsection (k)(3)(B), by striking ‘‘(50 U.S.C. App. 
1744)’’ and inserting ‘‘(50 U.S.C. 4405)’’. 
(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
2016.—Effective as of November 25, 2015, and as if included therein 
as enacted, the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92) is amended as follows: 
(1) Section 563(a) is amended by striking ‘‘Section 5(c)(5)’’ 
and inserting ‘‘Section 5(c)(2)’’. 
(2) Section 804(d)(3) is amended by inserting ‘‘within 5 
business days after such transfer’’ before the period at the 
end of the first sentence. 
(3) Section 809(e)(2)(A) is amended by striking ‘‘repealed’’ 
and inserting ‘‘rescinded’’. 
(4) Section 883(a)(2) is amended by striking ‘‘such chapter’’ 
and inserting ‘‘chapter 131 of such title’’. 
(5) Section 883 is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) CONFORMING AMENDMENTS.— 
‘‘(1) Effective on the effective date specified in subsection 
(a)(1) of section 901 of the Carl Levin and Howard P. ‘Buck’ 
McKeon National Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 128 Stat. 3462; 10 U.S.C. 132a 
note), section 2222 of title 10, United States Code, is amended— 
‘‘(A) by striking ‘Deputy Chief Management Officer 
of the Department of Defense’ each place it appears in 
subsections (c)(2), (e)(1), (g)(2)(A), (g)(2)(B)(ii), and (i)(5)(B) 
10 USC 2222 
note. 
10 USC 2201 
prec. 
10 USC 2302 
note. 
38 USC 1712A 
note. 
10 USC 2222 
note. 
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130 STAT. 2420 
PUBLIC LAW 114–328—DEC. 23, 2016 
and inserting ‘Under Secretary of Defense for Business 
Management and Information’; and 
‘‘(B) by striking ‘Deputy Chief Management Officer’ 
in subsection (f)(1) and inserting ‘Under Secretary of 
Defense for Business Management and Information’. 
‘‘(2) The second paragraph (3) of section 901(k) of such 
Act (Public Law 113–291; 128 Stat. 3468; 10 U.S.C. 2222 note) 
is repealed.’’. 
(6) Section 1079(a) is amended to read as follows: 
‘‘(a) ANNUAL REPORT ON PRIZES FOR ADVANCED TECHNOLOGY 
ACHIEVEMENTS.—Section 2374a of title 10, United States Code, 
is amended— 
‘‘(1) by striking subsection (f); and 
‘‘(2) by redesignating subsection (g) as subsection (f).’’. 
(7) Section 1086(f)(11)(A) is amended by striking ‘‘Not later 
than\ one year’’ and inserting ‘‘Not later than one year’’. 
(d) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS 
ACT.—For purposes of applying amendments made by provisions 
of this Act other than this section, the amendments made by this 
section shall be treated as having been enacted immediately before 
any such amendments by other provisions of this Act. 
SEC. 1082. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR EQUIP-
MENT, SERVICES, AND SUPPLIES PROVIDED FOR HUMANI-
TARIAN DEMINING ASSISTANCE. 
Section 407(c)(3) of title 10, United States Code, is amended 
by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 
SEC. 1083. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT 
OF TRANSACTIONS UNDER A CROSS-SERVICING AGREE-
MENT. 
(a) LIQUIDATION
OF UNPAID CREDITS.—Section 2345 of title 
10, United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(c)(1) Any credits of the United States accrued as a result 
of the provision of logistic support, supplies, and services under 
the authority of this subchapter that remain unliquidated more 
than 18 months after the date of delivery of the logistic support, 
supplies, or services may, at the option of the Secretary of Defense, 
with the concurrence of the Secretary of State, be liquidated by 
offsetting the credits against any amount owed by the Department 
of Defense, pursuant to a transaction or transactions concluded 
under the authority of this subchapter, to the government or inter-
national organization to which the logistic support, supplies, or 
services were provided by the United States. 
‘‘(2) The amount of any credits offset pursuant to paragraph 
(1) shall be credited as specified in section 2346 of this title as 
if it were a receipt of the United States.’’. 
(b) EFFECTIVE DATE.—Subsection (c) of section 2345 of title 
10, United States Code, as added by subsection (a), shall apply 
with respect to credits accrued by the United States that— 
(1) were accrued prior to, and remain unpaid as of, the 
date of the enactment of this Act; or 
(2) are accrued after the date of the enactment of this 
Act. 
10 USC 2345 
note. 
10 USC 101 note. 
10 USC 1564 
note. 
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130 STAT. 2421 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGE-
MENT OF MILITARY TECHNICIANS. 
(a) CONVERSION
OF
CERTAIN
MILITARY
TECHNICIAN
(DUAL 
STATUS) POSITIONS.—Subsection (a) of section 1053 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 981; 10 U.S.C. 10216 note) is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph (1): 
‘‘(1) IN GENERAL.—By not later than October 1, 2017, the 
Secretary of Defense shall convert not fewer than 20 percent 
of all military technician positions to positions filled by individ-
uals who are employed under section 3101 of title 5, United 
States Code, or section 1601 of title 10, United States Code, 
and are not military technicians. The positions to be converted 
are described in paragraph (2).’’; 
(2) in paragraph (2), by striking ‘‘in the report’’ and all 
that follows and inserting ‘‘by the Army Reserve, the Air Force 
Reserve, the National Guard Bureau, State adjutants general, 
and the Secretary of Defense in the course of reviewing all 
military technician positions for purposes of implementing this 
section.’’; and 
(3) in paragraph (3), by striking ‘‘may fill’’ and inserting 
‘‘shall fill’’. 
(b) CONVERSION OF ARMY RESERVE, AIR FORCE RESERVE, AND 
NATIONAL GUARD NON-DUAL STATUS POSITIONS.—Subsection (e) of 
section 10217 of title 10, United States Code, is amended is 
amended to read as follows: 
‘‘(e) CONVERSION
OF POSITIONS.—(1) No individual may be 
newly hired or employed, or rehired or reemployed, as a non- 
dual status technician for purposes of this section after September 
30, 2017. 
‘‘(2) By not later than October 1, 2017, the Secretary of Defense 
shall convert all non-dual status technicians to positions filled by 
individuals who are employed under section 3101 of title 5 or 
section 1601 of this title and are not military technicians. 
‘‘(3) In the case of a position converted under paragraph (2) 
for which there is an incumbent employee on October 1, 2017, 
the Secretary shall fill that position, as converted, with the incum-
bent employee without regard to any requirement concerning com-
petition or competitive hiring procedures. 
‘‘(4) Any individual newly hired or employed, or rehired or 
employed, to a position required to be filled by reason of paragraph 
(1) shall an individual employed in such position under section 
3101 of title 5 or section 1601 of this title.’’. 
(c) REPORT ON CONVERSION OF MILITARY TECHNICIAN POSITIONS 
TO PERSONNEL PERFORMING ACTIVE GUARD AND RESERVE DUTY.— 
(1) IN GENERAL.—Not later than March 1, 2017, the Sec-
retary of Defense, shall in consultation with the Chief of the 
National Guard Bureau, submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the feasibility and advisability of converting any 
remaining military technicians (dual status) to personnel per-
forming active Guard and Reserve duty under section 328 of 
title 32, United States Code, or other applicable provisions 
of law. The report shall include the following: 
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130 STAT. 2422 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) An analysis of the fully-burdened costs of the 
conversion taking into account the new modernized military 
retirement system. 
(B) An assessment of the ratio of members of the 
Armed Forces performing active Guard and Reserve duty 
and civilian employees of the Department of Defense under 
title 5, United States Code, required to best contribute 
to the readiness of the National Guard and the Reserves. 
(2) ACTIVE GUARD AND RESERVE DUTY DEFINED.—In this 
subsection, the term ‘‘active Guard and Reserve duty’’ has the 
meaning given that term in section 101(d)(6) of title 10, United 
States Code. 
SEC. 1085. STREAMLINING OF THE NATIONAL SECURITY COUNCIL. 
(a) IN GENERAL.—Section 101 of the National Security Act 
of 1947 (50 U.S.C. 3021) is amended to read as follows: 
‘‘SEC. 101. NATIONAL SECURITY COUNCIL. 
‘‘(a) NATIONAL SECURITY COUNCIL.—There is a council known 
as the National Security Council (in this section referred to as 
the ‘Council’). 
‘‘(b) FUNCTIONS.—Consistent with the direction of the President, 
the functions of the Council shall be to— 
‘‘(1) advise the President with respect to the integration 
of domestic, foreign, and military policies relating to the 
national security so as to enable the Armed Forces and the 
other departments and agencies of the United States Govern-
ment to cooperate more effectively in matters involving the 
national security; 
‘‘(2) assess and appraise the objectives, commitments, and 
risks of the United States in relation to the actual and potential 
military power of the United States, and make recommenda-
tions thereon to the President; and 
‘‘(3) make recommendations to the President concerning 
policies on matters of common interest to the departments 
and agencies of the United States Government concerned with 
the national security. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council consists of the President, 
the Vice President, the Secretary of State, the Secretary of 
Defense, the Secretary of Energy, and such other officers of 
the United States Government as the President may designate. 
‘‘(2) ATTENDANCE AND PARTICIPATION IN MEETINGS.—The 
President may designate such other officers of the United States 
Government as the President considers appropriate, including 
the Director of National Intelligence, the Director of National 
Drug Control Policy, and the Chairman of the Joint Chiefs 
of Staff, to attend and participate in meetings of the Council. 
‘‘(d) PRESIDING OFFICERS.—At meetings of the Council, the 
President shall preside or, in the absence of the President, a member 
of the Council designated by the President shall preside. 
‘‘(e) STAFF.— 
‘‘(1) IN GENERAL.—The Council shall have a staff headed 
by a civilian executive secretary appointed by the President. 
‘‘(2) STAFF.—Consistent with the direction of the President 
and subject to paragraph (3), the executive secretary may, 
subject to the civil service laws and chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, appoint and 
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130 STAT. 2423 
PUBLIC LAW 114–328—DEC. 23, 2016 
fix the compensation of such personnel as may be necessary 
to perform such duties as may be prescribed by the President 
in connection with performance of the functions of the Council. 
‘‘(3) NUMBER
OF
PROFESSIONAL
STAFF.—The professional 
staff for which this subsection provides shall not exceed 200 
persons, including persons employed by, assigned to, detailed 
to, under contract to serve on, or otherwise serving or affiliated 
with the staff. The limitation in this paragraph does not apply 
to personnel serving substantially in support or administrative 
positions. 
‘‘(f) SPECIAL ADVISOR TO THE PRESIDENT ON INTERNATIONAL 
RELIGIOUS FREEDOM.—It is the sense of Congress that there should 
be within the staff of the Council a Special Adviser to the President 
on International Religious Freedom, whose position should be com-
parable to that of a director within the Executive Office of the 
President. The Special Adviser should serve as a resource for execu-
tive branch officials, compiling and maintaining information on 
the facts and circumstances of violations of religious freedom (as 
defined in section 3 of the International Religious Freedom Act 
of 1998 (22 U.S.C. 6402)), and making policy recommendations. 
The Special Adviser should serve as liaison with the Ambassador 
at Large for International Religious Freedom, the United States 
Commission on International Religious Freedom, Congress and, 
as advisable, religious nongovernmental organizations.’’. 
(b) EFFECTIVE DATE OF LIMITATION ON NUMBER OF PROFES-
SIONAL STAFF.—The limitation on the number of professional staff 
of the National Security Council specified in subsection (e)(3) of 
section 101 of the National Security Act of 1947, as amended 
by subsection (a) of this section, shall take effect on the date 
that is 18 months after the date of the enactment of this Act. 
SEC. 1086. NATIONAL BIODEFENSE STRATEGY. 
(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—The Sec-
retary of Defense, the Secretary of Health and Human Services, 
the Secretary of Homeland Security, and the Secretary of Agri-
culture shall jointly develop a national biodefense strategy and 
associated implementation plan, which shall include a review and 
assessment of biodefense policies, practices, programs and initia-
tives. Such Secretaries shall review and, as appropriate, revise 
the strategy biennially. 
(b) ELEMENTS.—The strategy and associated implementation 
plan required under subsection (a) shall include each of the fol-
lowing: 
(1) An inventory and assessment of all existing strategies, 
plans, policies, laws, and interagency agreements related to 
biodefense, including prevention, deterrence, preparedness, 
detection, response, attribution, recovery, and mitigation. 
(2) A description of the biological threats, including 
biological warfare, bioterrorism, naturally occurring infectious 
diseases, and accidental exposures. 
(3) A description of the current programs, efforts, or activi-
ties of the United States Government with respect to preventing 
the acquisition, proliferation, and use of a biological weapon, 
preventing an accidental or naturally occurring biological out-
break, and mitigating the effects of a biological epidemic. 
6 USC 104. 
50 USC 3021 
note. 
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130 STAT. 2424 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) A description of the roles and responsibilities of the 
Executive Agencies, including internal and external coordina-
tion procedures, in identifying and sharing information related 
to, warning of, and protection against, acts of terrorism using 
biological agents and weapons and accidental or naturally 
occurring biological outbreaks. 
(5) An articulation of related or required interagency 
capabilities and whole-of-Government activities required to sup-
port the national biodefense strategy. 
(6) Recommendations for strengthening and improving the 
current biodefense capabilities, authorities, and command struc-
tures of the United States Government. 
(7) Recommendations for improving and formalizing inter-
agency coordination and support mechanisms with respect to 
providing a robust national biodefense. 
(8) Any other matters the Secretary of Defense, the Sec-
retary of Health and Human Services, the Secretary of Home-
land Security, and the Secretary of Agriculture determine nec-
essary. 
(c) SUBMITTAL TO CONGRESS.—Not later than 275 days after 
the date of the enactment of this Act, the Secretary of Defense, 
the Secretary of Health and Human Services, the Secretary of 
Homeland Security, and the Secretary of Agriculture shall submit 
to the appropriate congressional committees the strategy and associ-
ated implementation plan required by subsection (a). The strategy 
and implementation plan shall be submitted in unclassified form, 
but may include a classified annex. 
(d) BRIEFINGS.—Not later than March 1, 2017, and annually 
thereafter until March 1, 2019, the Secretary of Defense, the Sec-
retary of Health and Human Services, the Secretary of Homeland 
Security, and the Secretary of Agriculture shall provide to the 
Committee on Armed Services of the House of Representatives, 
the Committee on Energy and Commerce of the House of Represent-
atives, the Committee on Homeland Security of the House of Rep-
resentatives, and the Committee on Agriculture of the House of 
Representatives a joint briefing on the strategy developed under 
subsection (a) and the status of the implementation of such strategy. 
(e) GAO REVIEW.—Not later than 180 days after the date 
of the submittal of the strategy and implementation plan under 
subsection (c), the Comptroller General of the United States shall 
conduct a review of the strategy and implementation plan to analyze 
gaps and resources mapped against the requirements of the 
National Biodefense Strategy and existing United States biodefense 
policy documents. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Committee on Energy and Commerce of the House 
of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
(3) The Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(4) The Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate. 
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130 STAT. 2425 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK. 
(a) PROGRAM AUTHORIZED.—The Secretary of the Army shall 
carry out a program to support the socio-cultural understanding 
needs of the Department of the Army, to be known as the Global 
Cultural Knowledge Network. 
(b) GOALS.—The Global Cultural Knowledge Network shall sup-
port the following goals: 
(1) Provide socio-cultural analysis support to any unit 
deployed, or preparing to deploy, to an exercise or operation 
in the assigned region of responsibility of the unit being sup-
ported. 
(2) Make recommendations or support policy or doctrine 
development to increase the social science expertise of military 
and civilian personnel of the Department of the Army. 
(3) Provide reimbursable support to other military depart-
ments or Federal agencies if requested through an operational 
needs request process. 
(c) ELEMENTS OF THE PROGRAM.—The Global Cultural Knowl-
edge Network shall include the following elements: 
(1) A center in the continental United States (referred 
to in this section as a ‘‘reach-back center’’) to support requests 
for information, research, and analysis. 
(2) Outreach to academic institutions and other Federal 
agencies involved in social science research to increase the 
network of resources for the reach-back center. 
(3) Training with operational units during annual training 
exercises or during pre-deployment training. 
(4) The training, contracting, and human resources capacity 
to rapidly respond to contingencies in which social science 
expertise is requested by operational commanders through an 
operational needs request process. 
(d) DIRECTIVE REQUIRED.—The Secretary of the Army shall 
issue a directive within one year after the date of the enactment 
of this Act for the governance of the Global Cultural Knowledge 
Network, including oversight and process controls for auditing the 
activities of personnel of the Network, the employment of the Global 
Cultural Knowledge Network by operational forces, and processes 
for requesting support by operational Army units and other Depart-
ment of Defense and Federal entities. 
(e) PROHIBITION ON DEPLOYMENTS UNDER GLOBAL CULTURAL 
KNOWLEDGE NETWORK.— 
(1) PROHIBITION.—The Secretary of the Army may not 
deploy social scientists of the Global Cultural Knowledge Net-
work in a conflict zone. 
(2) WAIVER.—The Secretary of the Army may waive the 
prohibition in paragraph (1) if the Secretary submits, at least 
10 days before the deployment, to the Committees on Armed 
Services of the House of Representatives and the Senate— 
(A) notice of the waiver; and 
(B) a certification that there is a compelling national 
security interest for the deployment or there will be a 
benefit to the safety and welfare of members of the Armed 
Forces from the deployment. 
(3) ELEMENTS OF WAIVER NOTICE.—A waiver notice under 
this subsection also shall include the following: 
10 USC 3013 
note. 
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130 STAT. 2426 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) The operational unit, or units, requesting support, 
including the location or locations where the social sci-
entists are to be deployed. 
(B) The number of Global Cultural Knowledge Network 
personnel to be deployed and the anticipated duration of 
such deployments. 
(C) The anticipated resource needs for such deploy-
ment. 
SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT’S SUB-
MARINE CENTURY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On March 2, 1867, Congress enacted a naval appropria-
tions Act that authorized the Secretary of the Navy to ‘‘receive 
and accept a deed of gift, when offered by the State of Con-
necticut, of a tract of land with not less than one mile of 
shore front on the Thames River near New London, Con-
necticut, to be held by the United States for naval purposes’’. 
(2) The people of Connecticut and the towns and cities 
in the southeastern region of Connecticut subsequently gifted 
land to establish a military installation to fulfil the Nation’s 
need for a naval facility on the Atlantic coast. 
(3) On April 11, 1868, the Navy accepted the deed of 
gift of land from Connecticut to establish a naval yard and 
storage depot along the eastern shore of the Thames River 
in Groton, Connecticut. 
(4) Between 1868 and 1912, the New London Navy Yard 
supported a diverse range of missions, including berthing inac-
tive Civil War era ironclad warships and serving as a coaling 
station for refueling naval ships traveling in New England 
waters. 
(5) Congress rejected the Navy’s proposal to close New 
London Navy Yard in 1912, following an impassioned effort 
by Congressman Edwin W. Higgins, who stated that ‘‘this action 
proposed is not only unjust but unreasonable and unsound 
as a military proposition’’. 
(6) The outbreak of World War I and the enemy use of 
submarines to sink allied military and civilian ships in the 
Atlantic sparked a new focus on developing submarine capabili-
ties in the United States. 
(7) October 18, 1915, marked the arrival at the New London 
Navy Yard of the submarines G–1, G–2, and G–4 under the 
care of the tender USS Ozark and the arrival of submarines 
E–1, D–1, and D–3 under the care of the tender USS Tonopah. 
November 1, 1915, marked the arrival of the first ship built 
as a submarine tender, the USS Fulton (AS–1). 
(8) On June 21, 1916, Commander Yeates Stirling assumed 
the command of the newly designated Naval Submarine Base 
New London, the New London Submarine Flotilla, and the 
Submarine School. 
(9) In the 100 years since the arrival of the first submarines 
to the base, Naval Submarine Base New London has grown 
to occupy more than 680 acres along the east side of the 
Thames River, with more than 160 major facilities, 15 nuclear 
submarines, and more than 70 tenant commands and activities, 
including the Submarine Learning Center, Naval Submarine 
School, the Naval Submarine Medical Research Laboratory, 
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130 STAT. 2427 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Naval Undersea Medical Institute, and the newly estab-
lished Undersea Warfighting Development Center. 
(10) In addition to being the site of the first submarine 
base in the United States, Connecticut was home to the fore-
most submarine manufacturers of the time, the Lake Torpedo 
Boat Company in Bridgeport and the Electric Boat Company 
in Groton, which later became General Dynamics Electric Boat. 
(11) 
General 
Dynamics 
Electric 
Boat, 
its 
talented 
workforce, and its Connecticut-based and nationwide network 
of suppliers have delivered more than 200 submarines from 
its current location in Groton, Connecticut, including the first 
nuclear-powered submarine, the USS Nautilus (SSN 571), and 
nearly half of the nuclear submarines ever built by the United 
States. 
(12) The Submarine Force Museum, located adjacent to 
Naval Submarine Base New London in Groton, Connecticut, 
is the only submarine museum operated by the United States 
Navy and today serves as the primary repository for artifacts, 
documents, and photographs relating to the bold and coura-
geous history of the Submarine Force and highlights as its 
core exhibit the Historic Ship Nautilus (SSN 571) following 
her retirement from service. 
(13) Reflecting the close ties between Connecticut and the 
Navy that began with the gift of land that established the 
base, the State of Connecticut has set aside $40,000,000 in 
funding for critical infrastructure investments to support the 
mission of the base, including construction of a new dive locker 
building, expansion of the Submarine Learning Center, and 
modernization of energy infrastructure. 
(14) On September 29, 2015, Connecticut Governor Dannel 
Malloy designated October 2015 through October 2016 as 
Connecticut’s Submarine Century, a year-long observance that 
celebrates 100 years of submarine activity in Connecticut, 
including the Town of Groton’s distinction as the Submarine 
Capital of the World, to coincide with the centennial anniver-
sary of the establishment of Naval Submarine Base New 
London and the Naval Submarine School. 
(15) Whereas Naval Submarine Base New London still 
proudly proclaims its motto of ‘‘The First and Finest’’. 
(16) Congressman Higgins’ statement before Congress in 
1912 that ‘‘Connecticut stands ready, as she always has, to 
bear her part of the burdens of the national defense’’ remains 
true today. 
(b) SENSE OF CONGRESS.—Congress— 
(1) commends the longstanding dedication and contribution 
to the Navy and submarine force by the people of Connecticut, 
both through the initial deed of gift that established what 
would become Naval Submarine Base New London and through 
their ongoing commitment to support the mission of the base 
and the Navy personnel assigned to it; 
(2) honors the submariners who have trained and served 
at Naval Submarine Base New London throughout its history 
in support of the Nation’s security and undersea superiority; 
(3) recognizes the contribution of the industry and 
workforce of Connecticut in designing, building, and sustaining 
the Navy’s submarine fleet; and 
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130 STAT. 2428 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) encourages the recognition of Connecticut’s Submarine 
Century by Congress, the Navy, and the American people by 
honoring the contribution of the people of Connecticut to the 
defense of the United States and the important role of the 
submarine force in safeguarding the security of the United 
States for more than a century. 
SEC. 1089. SENSE OF CONGRESS REGARDING THE REPORTING OF THE 
MV–22 MISHAP IN MARANA, ARIZONA, ON APRIL 8, 2000. 
It is the sense of Congress that— 
(1) in the report accompanying H.R. 1735 of the 114th 
Congress (House Report 114–102), the Committee on Armed 
Services of the House of Representatives encouraged the Sec-
retary of Defense to ‘‘publicly clarify the causes of the MV- 
22 mishap at Marana Northwest Regional Airport, Arizona, 
in a way consistent with the results of all investigations as 
soon as possible’’; 
(2) the Deputy Secretary of Defense Robert O. Work did 
an excellent job reviewing the investigations of such mishap 
and concluded that there was a misrepresentation of facts 
by the media which incorrectly identified pilot error as the 
cause of the mishap which the Deputy Secretary publicly made 
known in March 2016; and 
(3) Congress is grateful for the successful conclusion to 
this tragic situation. 
SEC. 1090. COST OF WARS. 
The Secretary of Defense, in consultation with the Commis-
sioner of the Internal Revenue Service and the Director of the 
Bureau of Economic Analysis, shall post on the public Internet 
website of the Department of Defense the costs to each United 
States taxpayer of each of the wars in Afghanistan, Iraq, and 
Syria. 
SEC. 1091. RECONNAISSANCE STRIKE GROUP MATTERS. 
(a) MODELING OF ALTERNATIVE ARMY DESIGN AND OPERATIONAL 
CONCEPT.— 
(1) ANALYSES REQUIRED.—The Chairman of the Joint Chiefs 
of Staff and the Chief of Staff of the Army, in consultation 
with the commanding general of the United States European 
Command, shall each conduct a separate analysis of alternative 
Army operational concepts and organizational designs, known 
as the Reconnaissance Strike Group, as recommended by the 
National Commission on the Future of the United States Army. 
(2) ASSESSMENT OF ANALYSES.—The Chairman of the Joint 
Chiefs of Staff and Chief of Staff of the Army shall then 
each separately assess the operational merits, feasible force 
mix under programmed end-strength, estimated costs for 
assessed potential force structure changes, and strategic force 
sufficiency and risk of each analysis conducted under paragraph 
(1). 
(b) REPORTS REQUIRED.—Not later than one year after the 
date of the enactment of this Act, the Chairman of the Joint 
Chiefs of Staff and the Chief of Staff of the Army shall each 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a separate report on the alternative 
designs and operational concepts analyzed under subsection (a)(1). 
Each such report shall include an assessment of the merits and 
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130 STAT. 2429 
PUBLIC LAW 114–328—DEC. 23, 2016 
sufficiency of such designs and concepts, the potential for future 
experimentation (such as a follow-on pilot program), and the rec-
ommendation of the Chairman and Chief of Staff, as the case 
may be, regarding the Reconnaissance Strike Group. 
(c) INDEPENDENT ASSESSMENTS REQUIRED.—Before submittal 
of the reports required under subsection (b), the Chairman of the 
Joint Chiefs of Staff and the Chief of Staff of the Army shall 
each select a Federally Funded Research and Development Center 
to review and evaluate each report. The review and evaluation 
of each report shall be submitted to the Committees on Armed 
Services of the Senate and House of Representatives together with 
the reports under subsection (b). 
SEC. 1092. BORDER SECURITY METRICS. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(B) the Committee on Homeland Security of the House 
of Representatives. 
(2) CONSEQUENCE
DELIVERY
SYSTEM.—The term ‘‘Con-
sequence Delivery System’’ means the series of consequences 
applied by U.S. Border Patrol in collaboration with other Fed-
eral agencies to persons unlawfully entering the United States, 
in order to prevent unlawful border crossing recidivism. 
(3) GOT AWAY.—The term ‘‘got away’’ means an unlawful 
border crosser who— 
(A) is directly or indirectly observed making an unlaw-
ful entry into the United States; 
(B) is not apprehended; and 
(C) is not a turn back. 
(4) KNOWN MARITIME MIGRANT FLOW.—The term ‘‘known 
maritime migrant flow’’ means the sum of the number of 
undocumented migrants— 
(A) interdicted in the waters over which the United 
States has jurisdiction; 
(B) identified at sea either directly or indirectly, but 
not interdicted; 
(C) if not described in subparagraph (A) or (B), who 
were otherwise reported, with a significant degree of cer-
tainty, as having entered, or attempted to enter, the United 
States through the maritime border. 
(5) MAJOR VIOLATOR.—The term ‘‘major violator’’ means 
a person or entity that has engaged in serious criminal activities 
at any land, air, or sea port of entry, including the following: 
(A) Possession of illicit drugs. 
(B) Smuggling of prohibited products. 
(C) Human smuggling. 
(D) Possession of illegal weapons. 
(E) Use of fraudulent documents. 
(F) Any other offense that is serious enough to result 
in an arrest. 
(6) SECRETARY.—The term ‘‘the Secretary’’ means the Sec-
retary of Homeland Security. 
6 USC 223. 
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130 STAT. 2430 
PUBLIC LAW 114–328—DEC. 23, 2016 
(7) SITUATIONAL AWARENESS.—The term ‘‘situational aware-
ness’’ means knowledge and understanding of current unlawful 
cross-border activity, including the following: 
(A) Threats and trends concerning illicit trafficking 
and unlawful crossings. 
(B) The ability to forecast future shifts in such threats 
and trends. 
(C) The ability to evaluate such threats and trends 
at a level sufficient to create actionable plans. 
(D) The operational capability to conduct persistent 
and integrated surveillance of the international borders 
of the United States. 
(8) TRANSIT
ZONE.—The term ‘‘transit zone’’ means the 
sea corridors of the western Atlantic Ocean, the Gulf of Mexico, 
the Caribbean Sea, and the eastern Pacific Ocean through 
which undocumented migrants and illicit drugs transit, either 
directly or indirectly, to the United States. 
(9) TURN BACK.—The term ‘‘turn back’’ means an unlawful 
border crosser who, after making an unlawful entry into the 
United States, responds to United States enforcement efforts 
by returning promptly to the country from which such crosser 
entered. 
(10) UNLAWFUL BORDER CROSSING EFFECTIVENESS RATE.— 
The term ‘‘unlawful border crossing effectiveness rate’’ means 
the percentage that results from dividing the number of 
apprehensions and turn backs by the sum of the number of 
apprehensions, estimated undetected unlawful entries, turn 
backs, and got aways. 
(11) UNLAWFUL ENTRY.—The term ‘‘unlawful entry’’ means 
an unlawful border crosser who enters the United States and 
is not apprehended by a border security component of the 
Department of Homeland Security. 
(b) METRICS FOR SECURING THE BORDER BETWEEN PORTS OF 
ENTRY.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this section, the Secretary shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of security between ports of entry. The Secretary 
shall annually implement the metrics developed under this 
subsection, which shall include the following: 
(A) Estimates, using alternative methodologies where 
appropriate, including recidivism data, survey data, known- 
flow data, and technologically-measured data, of the fol-
lowing: 
(i) The rate of apprehension of attempted unlawful 
border crossers. 
(ii) The number of detected unlawful entries. 
(iii) The number of estimated undetected unlawful 
entries. 
(iv) Turn backs. 
(v) Got aways. 
(B) A measurement of situational awareness achieved 
in each U.S. Border Patrol sector. 
(C) An unlawful border crossing effectiveness rate in 
each U.S. Border Patrol sector. 
(D) A probability of detection rate, which compares 
the estimated total unlawful border crossing attempts not 
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130 STAT. 2431 
PUBLIC LAW 114–328—DEC. 23, 2016 
detected by U.S. Border Patrol to the unlawful border 
crossing effectiveness rate under subparagraph (C), as 
informed by subparagraph (A). 
(E) The number of apprehensions in each U.S. Border 
Patrol sector. 
(F) The number of apprehensions of unaccompanied 
alien children, and the nationality of such children, in 
each U.S. Border Patrol sector. 
(G) The number of apprehensions of family units, and 
the nationality of such family units, in each U.S. Border 
Patrol sector. 
(H) An illicit drugs seizure rate for drugs seized by 
U.S. Border Patrol between ports of entry, which compares 
the ratio of the amount and type of illicit drugs seized 
between ports of entry in any fiscal year to the average 
of the amount and type of illicit drugs seized between 
ports of entry in the immediately preceding five fiscal years. 
(I) Estimates of the impact of the Consequence Delivery 
System on the rate of recidivism of unlawful border crossers 
over multiple fiscal years. 
(J) An examination of each consequence under the 
Consequence Delivery System referred to in subparagraph 
(I), including the following: 
(i) Voluntary return. 
(ii) Warrant of arrest or notice to appear. 
(iii) Expedited removal. 
(iv) Reinstatement of removal. 
(v) Alien transfer exit program. 
(vi) Criminal consequence program. 
(vii) Standard prosecution. 
(viii) Operation Against Smugglers Initiative on 
Safety and Security. 
(2) METRICS CONSULTATION.—To ensure that authoritative 
data sources are utilized in the development of the metrics 
described in paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and 
(B) where appropriate, with the heads of other agen-
cies, including the Office of Refugee Resettlement of the 
Department of Health and Human Services and the Execu-
tive Office for Immigration Review of the Department of 
Justice. 
(3) MANNER OF COLLECTION.—The data collected to inform 
the metrics developed in accordance with paragraph (1) shall 
be collected and reported in a consistent and standardized 
manner across all U.S. Border Patrol sectors, informed by situa-
tional awareness. 
(c) METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this section, the Secretary shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of security at ports of entry. The Secretary shall 
annually implement the metrics developed under this sub-
section, which shall include the following: 
(A) Estimates, using alternative methodologies where 
appropriate, including recidivism data, survey data, and 
randomized secondary screening data, of the following: 
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130 STAT. 2432 
PUBLIC LAW 114–328—DEC. 23, 2016 
(i) Total inadmissible travelers who attempt to, 
or successfully, enter the United States at a port of 
entry. 
(ii) The rate of refusals and interdictions for trav-
elers who attempt to, or successfully, enter the United 
States at a port of entry. 
(iii) The number of unlawful entries at a port 
of entry. 
(B) The amount and type of illicit drugs seized by 
the Office of Field Operations of U.S. Customs and Border 
Protection at ports of entry during the previous fiscal year. 
(C) An illicit drugs seizure rate for drugs seized by 
the Office of Field Operations, which compares the ratio 
of the amount and type of illicit drugs seized by the Office 
of Field Operations in any fiscal year to the average of 
the amount and type of illicit drugs seized by the Office 
of Field Operations in the immediately preceding five fiscal 
years. 
(D) The number of infractions related to travelers and 
cargo committed by major violators who are interdicted 
by the Office of Field Operations at ports of entry, and 
the estimated number of such infractions committed by 
major violators who are not so interdicted. 
(E) In consultation with the heads of the Office of 
National Drug Control Policy and the United States 
Southern Command, a cocaine seizure effectiveness rate, 
which is the percentage resulting from dividing the amount 
of cocaine seized by the Office of Field Operations by the 
total estimated cocaine flow rate at ports of entry along 
the United States land border with Mexico and Canada. 
(F) A measurement of how border security operations 
affect crossing times, including the following: 
(i) A wait time ratio that compares the average 
wait times to total commercial and private vehicular 
traffic volumes at each land port of entry. 
(ii) An infrastructure capacity utilization rate that 
measures traffic volume against the physical and 
staffing capacity at each land port of entry. 
(iii) A secondary examination rate that measures 
the frequency of secondary examinations at each land 
port of entry. 
(iv) An enforcement rate that measures the 
effectiveness of such secondary examinations at 
detecting major violators. 
(G) A seaport scanning rate that includes the following: 
(i) The number of all cargo containers that are 
considered potentially ‘‘high-risk’’, as determined by 
the Executive Assistant Commissioner of the Office 
of Field Operations. 
(ii) A comparison of the number of potentially high- 
risk cargo containers scanned by the Office of Field 
Operations at each sea port of entry during a fiscal 
year to the total number of high-risk cargo containers 
entering the United States at each such sea port of 
entry during the previous fiscal year. 
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130 STAT. 2433 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) The number of potentially high-risk cargo con-
tainers scanned upon arrival at a United States sea 
port of entry. 
(iv) The number of potentially high-risk cargo con-
tainers scanned before arrival at a United States sea 
port of entry. 
(2) METRICS CONSULTATION.—To ensure that authoritative 
data sources are utilized in the development of the metrics 
described in paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and 
(B) where appropriate, work with heads of other appro-
priate agencies, including the Office of Refugee Resettle-
ment of the Department of Health and Human Services 
and the Executive Office for Immigration Review of the 
Department of Justice. 
(3) MANNER OF COLLECTION.—The data collected to inform 
the metrics developed in accordance with paragraph (1) shall 
be collected and reported in a consistent and standardized 
manner across all United States ports of entry, informed by 
situational awareness. 
(d) METRICS FOR SECURING THE MARITIME BORDER.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this section, the Secretary shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of security in the maritime environment. The Sec-
retary shall annually implement the metrics developed under 
this subsection, which shall include the following: 
(A) Situational awareness achieved in the maritime 
environment. 
(B) A known maritime migrant flow rate. 
(C) An illicit drugs removal rate for drugs removed 
inside and outside of a transit zone, which compares the 
amount and type of illicit drugs removed, including drugs 
abandoned at sea, by the maritime security components 
of the Department of Homeland Security in any fiscal year 
to the average of the amount and type of illicit drugs 
removed by such maritime components for the immediately 
preceding five fiscal years. 
(D) In consultation with the heads of the Office of 
National Drug Control Policy and the United States 
Southern Command, a cocaine removal effectiveness rate 
for cocaine removed inside a transit zone and outside a 
transit zone, which compares the amount of cocaine 
removed by the maritime security components of the 
Department of Homeland Security by the total documented 
cocaine flow rate, as contained in Federal drug databases. 
(E) A response rate, which compares the ability of 
the maritime security components of the Department of 
Homeland Security to respond to and resolve known mari-
time threats, whether inside or outside a transit zone, 
by placing assets on-scene, to the total number of events 
with respect to which the Department has known threat 
information. 
(F) An intergovernmental response rate, which com-
pares the ability of the maritime security components of 
the Department of Homeland Security or other United 
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130 STAT. 2434 
PUBLIC LAW 114–328—DEC. 23, 2016 
States Government entities to respond to and resolve 
actionable maritime threats, whether inside or outside a 
transit zone, with the number of such threats detected. 
(2) METRICS CONSULTATION.—To ensure that authoritative 
data sources are utilized in the development of the metrics 
described in paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and 
(B) where appropriate, work with the heads of other 
agencies, including the Drug Enforcement Agency, the 
Department of Defense, and the Department of Justice. 
(3) MANNER OF COLLECTION.—The data used by the Sec-
retary shall be collected and reported in a consistent and 
standardized manner by the maritime security components of 
the Department of Homeland Security, informed by situational 
awareness. 
(e) AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this section, the Secretary shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of the aviation assets and operations of Air and 
Marine Operations of U.S. Customs and Border Protection. 
The Secretary shall annually implement the metrics developed 
under this subsection, which shall include the following: 
(A) A flight hour effectiveness rate, which compares 
Air and Marine Operations flight hours requirements to 
the number of flight hours flown by Air and Marine Oper-
ations. 
(B) A funded flight hour effectiveness rate, which com-
pares the number of funded flight hours appropriated to 
Air and Marine Operations to the number of actual flight 
hours flown by Air and Marine Operations. 
(C) A readiness rate, which compares the number of 
aviation missions flown by Air and Marine Operations to 
the number of aviation missions cancelled by Air and 
Marine Operations due to maintenance, operations, or other 
causes. 
(D) The number of missions cancelled by Air and 
Marine Operations due to weather compared to the total 
planned missions. 
(E) The number of individuals detected by Air and 
Marine Operations through the use of unmanned aerial 
systems and manned aircraft. 
(F) The number of apprehensions assisted by Air and 
Marine Operations through the use of unmanned aerial 
systems and manned aircraft. 
(G) The number and quantity of illicit drug seizures 
assisted by Air and Marine Operations through the use 
of unmanned aerial systems and manned aircraft. 
(H) The number of times that actionable intelligence 
related to border security was obtained through the use 
of unmanned aerial systems and manned aircraft. 
(2) METRICS CONSULTATION.—To ensure that authoritative 
data sources are utilized in the development of the metrics 
described in paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and 
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130 STAT. 2435 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) as appropriate, work with the heads of other 
departments and agencies, including the Department of 
Justice. 
(3) MANNER OF COLLECTION.—The data collected to inform 
the metrics developed in accordance with paragraph (1) shall 
be collected and reported in a consistent and standardized 
manner by Air and Marine Operations, informed by situational 
awareness. 
(f) DATA TRANSPARENCY.—The Secretary shall— 
(1) in accordance with applicable privacy laws, make data 
related to apprehensions, inadmissible aliens, drug seizures, 
and other enforcement actions available to the public, law 
enforcement communities, and academic research communities; 
and 
(2) provide the Office of Immigration Statistics of the 
Department of Homeland Security with unfettered access to 
the data referred to in paragraph (1). 
(g) EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE 
AND THE SECRETARY.— 
(1) METRICS REPORT.— 
(A) MANDATORY
DISCLOSURES.—The Secretary shall 
submit to the appropriate congressional committees and 
the Comptroller General of the United States an annual 
report containing the metrics required under this section 
and the data and methodology used to develop such metrics. 
(B) PERMISSIBLE DISCLOSURES.—The Secretary, for the 
purpose of validation and verification, may submit the 
annual report described in subparagraph (A) to— 
(i) the Center for Borders, Trade, and Immigration 
Research of the Centers of Excellence network of the 
Department of Homeland Security; 
(ii) the head of a national laboratory within the 
Department of Homeland Security laboratory network 
with prior expertise in border security; and 
(iii) a Federally Funded Research and Develop-
ment Center. 
(2) GAO REPORT.—Not later than 270 days after receiving 
the first report under paragraph (1)(A) and biennially thereafter 
for the following ten years with respect to every other such 
report, the Comptroller General of the United States shall 
submit to the appropriate congressional committees a report 
that— 
(A) analyzes the suitability and statistical validity of 
the data and methodology contained in each such report; 
and 
(B) includes recommendations on— 
(i) the feasibility of other suitable metrics that 
may be used to measure the effectiveness of border 
security; and 
(ii) improvements that need to be made to the 
metrics being used to measure the effectiveness of 
border security. 
(3) STATE OF THE BORDER REPORT.—Not later than 60 days 
after the end of each fiscal year through fiscal year 2026, 
the Secretary shall submit to the appropriate congressional 
committees a ‘‘State of the Border’’ report that— 
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130 STAT. 2436 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) provides trends for each metric under this section 
for the last ten fiscal years, to the greatest extent possible; 
(B) provides selected analysis into related aspects of 
illegal flow rates, including undocumented migrant flows 
and stock estimation techniques; 
(C) provides selected analysis into related aspects of 
legal flow rates; and 
(D) includes any other information that the Secretary 
determines appropriate. 
(4) METRICS UPDATE.— 
(A) IN GENERAL.—After submitting the tenth report 
to the Comptroller General under paragraph (1), the Sec-
retary may reevaluate and update any of the metrics devel-
oped in accordance with this section to ensure that such 
metrics are suitable to measure the effectiveness of border 
security. 
(B) CONGRESSIONAL NOTIFICATION.—Not later than 30 
days before updating the metrics pursuant to subparagraph 
(A), the Secretary shall notify the appropriate congressional 
committees of such updates. 
SEC. 1093. PROGRAM TO COMMEMORATE THE 100TH ANNIVERSARY 
OF THE TOMB OF THE UNKNOWN SOLDIER. 
(a) COMMEMORATIVE PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a program to commemorate the 100th anniversary of the Tomb 
of the Unknown Soldier. In conducting the commemorative 
program, the Secretary shall coordinate, support, and facilitate 
other programs and activities of the Federal Government and 
State and local governments. 
(2) WORK
WITH
NONGOVERNMENTAL
ORGANIZATIONS.—In 
conducting the commemorative program, the Secretary may 
work with nongovernmental organizations working to support 
the commemoration of the Tomb of the Unknown Soldier. No 
public funds may be used to undertake activities sponsored 
by such organizations. 
(b) SCHEDULE.—The Secretary shall determine the schedule 
of major events and priority of efforts for the commemorative pro-
gram in order to ensure achievement of the objectives specified 
in subsection (c). 
(c) 
COMMEMORATIVE
ACTIVITIES
AND
OBJECTIVES.—The 
commemorative program may include activities and ceremonies to 
achieve the following objectives: 
(1) To honor America’s commitment to never forget or 
forsake those who served and sacrificed for our Country, 
including personnel who were held as prisoners of war or listed 
as missing in action, and to thank and honor the families 
of these veterans. 
(2) To highlight the service of the Armed Forces in times 
of war or armed conflict and contributions of Federal agencies 
and governmental and nongovernmental organizations that 
served with, or in support of, the Armed Forces. 
(3) To pay tribute to the contributions made on the home 
front by the people of the United States in times of war or 
armed conflict. 
36 USC 101 
note prec. 
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130 STAT. 2437 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) To educate the American Public about service and sac-
rifice on behalf of the United States of America and the prin-
ciples that define and unite us. 
(5) To recognize the contributions and sacrifices made by 
the allies of the United States during times of war or armed 
conflict. 
(d) NAMES AND SYMBOLS.—The Secretary shall have the sole 
and exclusive right to use the name ‘‘The United States of America 
Tomb of the Unknown Soldier Commemoration’’, and such seal, 
emblems, and badges incorporating such name as the Secretary 
may lawfully adopt. Nothing in this section may be construed 
to supersede rights that are established or vested before the date 
of the enactment of this Act. 
(e) COMMEMORATION FUND.— 
(1) IN GENERAL.—Upon the establishment of the commemo-
rative program under subsection (a), the Secretary of the 
Treasury shall establish in the Treasury of the United States 
an account to be known as the ‘‘Tomb of the Unknown Soldier 
Commemoration Fund’’ (in this subsection referred to as the 
‘‘Fund’’). The Fund shall be administered by the Secretary 
of Defense. 
(2) DEPOSITS.—There shall be deposited into the Fund the 
following: 
(A) Amounts appropriated to the Fund. 
(B) Proceeds derived from the use by the Secretary 
of Defense of the exclusive rights described in subsection 
(d). 
(C) Donations made in support of the commemorative 
program by private and corporate donors. 
(D) Funds transferred to the Fund by the Secretary 
of Defense from funds appropriated for fiscal year 2017 
and subsequent years for the Department of Defense. 
(3) USE
OF
FUND.—The Secretary of Defense shall use 
the assets of the Fund only for the purpose of conducting 
the commemorative program. The Secretary shall prescribe 
such regulations regarding the use of the Fund as the Secretary 
considers appropriate. 
(4) AVAILABILITY.—Amounts deposited under paragraph (2) 
shall constitute the assets of the Fund and remain available 
until expended. 
(5) BUDGET REQUEST.—The Secretary of Defense may estab-
lish a separate budget line for the commemorative program. 
In the budget justification materials submitted by the Secretary 
in support of the budget of the President for any fiscal year 
for which the Secretary establishes the separate budget line 
(as submitted to Congress pursuant to section 1105 of title 
31, United States Code), the Secretary shall— 
(A) identify and explain any amounts expended for 
the commemorative program in the fiscal year preceding 
the budget request; 
(B) identify and explain the amounts being requested 
to support the commemorative program for the fiscal year 
of the budget request; and 
(C) present a summary of the fiscal status of the Fund. 
(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 
(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Secretary of 
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130 STAT. 2438 
PUBLIC LAW 114–328—DEC. 23, 2016 
Defense may accept from any person voluntary services to 
be provided in furtherance of the commemorative program. 
The Secretary shall prohibit the solicitation of any voluntary 
services if the nature or circumstances of such solicitation would 
compromise the integrity or the appearance of integrity of any 
program of the Department of Defense or of any individual 
involved in the program. 
(2) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Sec-
retary may provide for reimbursement of incidental expenses 
incurred by a person providing voluntary services under this 
subsection. The Secretary shall determine which expenses are 
eligible for reimbursement under this paragraph. 
(g) FINAL REPORT.—Not later than 60 days after the end of 
the commemorative program, if established by the Secretary of 
Defense under subsection (a), the Secretary shall submit to Congress 
a report containing an accounting of the following: 
(1) All of the funds deposited into and expended from 
the Tomb of the Unknown Soldier Commemoration Fund. 
(2) Any other funds expended under this section. 
(3) Any unobligated funds remaining in the Fund. 
SEC. 1094. SENSE OF CONGRESS REGARDING THE OCONUS BASING 
OF THE KC–46A AIRCRAFT. 
(a) FINDING.—Congress finds that the Department of Defense 
is continuing its process of permanently stationing the KC–46A 
aircraft at installations in the Continental United States (in this 
section referred to as ‘‘CONUS’’) and forward-basing outside the 
Continental United States (in this section referred to as 
‘‘OCONUS’’). 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of the Air Force, as part of the strategic basing 
process for the KC–46A aircraft, should continue to place emphasis 
on and consider the benefits derived from outside the continental 
United States (OCONUS) locations that— 
(1) support day-to-day air refueling operations, combatant 
commander operations plans, and flexibility for contingency 
ops, and have— 
(A) a strategic location that is essential to the defense 
of the United States and its interests; 
(B) receivers for boom or probe-and-drogue training 
opportunities with joint and international partners; and 
(C) sufficient airfield and airspace availability and 
capacity to meet requirements; and 
(2) possess facilities that— 
(A) take full advantage of existing infrastructure to 
provide— 
(i) runway, hangars, and aircrew and maintenance 
operations; and 
(ii) sufficient fuels receipt, storage, and distribu-
tion for 5-day peacetime operating stock; and 
(B) minimize overall construction and operational costs. 
SEC. 1095. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC 
ARCTIC PORT. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Arctic is a region of growing strategic importance to the national 
security interest of the United States and that the Department 
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130 STAT. 2439 
PUBLIC LAW 114–328—DEC. 23, 2016 
of Defense must better align its posture and capabilities to meet 
the growing array of challenges in the region. 
(b) ARCTIC DEFINED.—In this section, the term ‘‘Arctic’’ has 
the meaning given that term in section 112 of the Arctic Research 
and Policy Act of 1984 (15 U.S.C. 4111). 
(c) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Chairman of the Joint Chiefs of Staff, the Com-
manding General of the United States Army Corps of Engineers, 
the Commandant of the Coast Guard, and the Administrator of 
the Maritime Administration, shall submit to the congressional 
defense committees a report containing an assessment of the future 
security requirements for one or more strategic ports in the Arctic. 
(d) CONTENTS OF REPORT.—Consistent with the updated mili-
tary strategy for the protection of United States national security 
interests in the Arctic region set forth in the reports required 
under section 1068 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 992), the report 
required under subsection (c) shall include— 
(1) the amount of sufficient and suitable space needed 
to create capacity for port and other necessary infrastructure 
for at least one of each of type of Navy or Coast Guard vessel, 
including an Arleigh Burke class destroyer of the Navy, or 
a national security cutter or a heavy polar ice breaker of the 
Coast Guard; 
(2) the amount of sufficient and suitable space needed 
to create capacity for equipment and fuel storage, technological 
infrastructure, and civil infrastructure to support military and 
civilian operations, including— 
(A) aerospace warning; 
(B) maritime surface and subsurface warning; 
(C) maritime control and defense; 
(D) maritime domain awareness; 
(E) homeland defense; 
(F) defense support to civil authorities; 
(G) humanitarian relief; 
(H) search and rescue; 
(I) disaster relief; 
(J) oil spill response; 
(K) medical stabilization and evacuation; and 
(L) meteorological measurements and forecasting; 
(3) an identification of proximity and road access to an 
airport designated as a commercial service airport by the Fed-
eral Aviation Administration that is capable of supporting mili-
tary and civilian aircraft for operations designated in paragraph 
(2); and 
(4) a description of the requirements, to include infrastruc-
ture and installations, communications, and logistics necessary 
to improve response effectiveness to support military and 
civilian operations designated in paragraph (2). 
(e) DESIGNATION OF STRATEGIC ARCTIC PORTS.— 
(1) DESIGNATION CRITERIA AND RECOMMENDATIONS.—Upon 
completion of the report required under subsection (c), the 
Secretary of Defense, in consultation with the Chairman of 
the Joint Chiefs of Staff, the Commanding General of the 
United States Army Corps of Engineers, the Commandant of 
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130 STAT. 2440 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Coast Guard, the Administrator of the Maritime Adminis-
tration, shall— 
(A) establish criteria for the designation of a port as 
a ‘‘Department of Defense Strategic Arctic Port’’; and 
(B) if the report required under subsection (c) includes 
a determination that one or more strategic Arctic ports 
are necessary to fulfill future security requirements in 
the Arctic, not later than 18 months after the date of 
the completion of the report, submit to the congressional 
defense committees recommendations for the designation 
of one or more ports as Department of Defense Strategic 
Arctic Ports. 
(2) COST
ESTIMATES.—The recommendations submitted 
under paragraph (1)(B) shall include the estimated cost of 
sufficient construction necessary to initiate and sustain 
expected operations at the ports designated as Department 
of Defense Strategic Arctic Ports. 
(f) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to authorize any additional appropriations for the Depart-
ment of Defense for the establishment of any port recommended 
pursuant to this section. 
SEC. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS 
GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO 
CERTAIN PERSONS. 
(a) RECOVERY.—Subchapter II of chapter 407 of title 36, United 
States Code, is amended by inserting after section 40728A the 
following new section: 
‘‘§ 40728B. Recovery of excess rifles, ammunition, and parts 
granted to foreign countries and transfer to cer-
tain persons 
‘‘(a) AUTHORITY TO RECOVER.—(1) Subject to paragraph (2) and 
subsection (b), the Secretary of the Army may acquire from any 
person any rifle, ammunition, repair parts, or other supplies 
described in section 40731(a) of this title which were— 
‘‘(A) provided to any country on a grant basis under the 
conditions imposed by section 505 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2314) that became excess to the needs 
of such country; and 
‘‘(B) lawfully acquired by such person. 
‘‘(2) The Secretary of the Army may not acquire anything under 
paragraph (1) except for transfer to a person in the United States 
under subsection (c). 
‘‘(3) The Secretary of the Army may accept rifles, ammunition, 
repair parts, or other supplies under paragraph (1) notwithstanding 
section 1342 of title 31. 
‘‘(b) COST OF RECOVERY.—The Secretary of the Army may not 
acquire anything under subsection (a) if the United States would 
incur any cost for such acquisition. 
‘‘(c) AVAILABILITY
FOR TRANSFER.—Any rifles, ammunition, 
repair parts, or supplies acquired under subsection (a) shall be 
available for transfer in the United States to the person from 
whom acquired if such person— 
‘‘(1) is licensed as a manufacturer, importer, or dealer 
pursuant to section 923(a) of title 18; and 
36 USC 40728B. 
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130 STAT. 2441 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) uses an ammunition depot of the Army that is an 
eligible facility for receipt of any rifles, ammunition, repair 
parts, or supplies under this paragraph. 
‘‘(d) MARKET VALUE.—The Secretary of the Army may only 
transfer an item under subsection (c) if the Secretary receives 
fair market value for the item. 
‘‘(e) CONTRACTS.—Notwithstanding subsection (k) of section 
2304 of title 10, the Secretary may enter into such contracts or 
cooperative agreements on a sole source basis pursuant to para-
graphs (4) and (5) of subsection (c) of such section to carry out 
this section. 
‘‘(f) AECA.—Transfers authorized under this section may only 
be made in accordance with applicable provisions of the Arms 
Export Control Act (22 U.S.C. 2778). 
‘‘(g) RIFLE DEFINED.—In this section, the term ‘rifle’ has the 
meaning given such term in section 921 of title 18.’’. 
(b) SALE.—Section 40732 of such title is amended— 
(1) by adding at the end the following new subsection: 
‘‘(d) SALES BY OTHER PERSONS.—A person who receives a rifle 
or any ammunition, repair parts, or supplies under section 
40728B(c) of this title may sell, at fair market value, such rifle, 
ammunition, repair parts, or supplies. With respect to rifles other 
than caliber .22 rimfire and caliber .30 rifles, the seller shall obtain 
a license as a dealer in rifles and abide by all requirements imposed 
on persons licensed under chapter 44 of title 18, including 
maintaining acquisition and disposition records, and conducting 
background checks.’’; and 
(2) in subsection (c)(1), by striking ‘‘The corporation may 
not’’ and inserting ‘‘No person acquiring a firearm under this 
chapter may’’. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 407 of such title is amended by inserting after 
the item relating to section 40728A the following new item: 
‘‘40728B. Recovery of excess rifles, ammunition, and parts granted to foreign coun-
tries and transfer to certain persons.’’. 
(d) REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Army 
shall submit to the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate and the Com-
mittee on Armed Services and the Committee on Foreign Affairs 
of the House of Representatives a report on the acquisition 
and transfer of excess rifles, ammunition, repair parts, and 
other supplies described in section 40731(a) of title 36, United 
States Code, that were provided to a country on a grant basis 
under the conditions imposed by section 505 of the Foreign 
Assistance Act of 1961. The report shall include each of the 
following: 
(A) A list of excess rifles, ammunition, repair parts, 
and other supplies known to the United States Army as 
eligible for transfer under section 40731(a) of title 36, 
United States Code. 
(B) An assessment of whether and how the Secretary 
of the Army intends to use the authorities under section 
40728B of title 36, United States Code, as added by this 
section. 
36 USC 40728B 
note. 
36 USC 40701 
prec. 
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130 STAT. 2442 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) Any other issue that the Secretary of the Army 
considers appropriate. 
(2) PROHIBITION
ON
TRANSFERS
PENDING
SUBMITTAL
OF 
REPORT.—No rifle, ammunition, repair part, or supplies 
acquired under section 40728B(a) of title 36, United States 
Code, may be transferred until the date that is 90 days after 
the date of the submittal of the report required under paragraph 
(1). 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Department of Defense Matters Generally 
Sec. 1101. Civilian personnel management. 
Sec. 1102. Repeal of requirement for annual strategic workforce plan for the De-
partment of Defense. 
Sec. 1103. Training for employment personnel of Department of Defense on matters 
relating to authorities for recruitment and retention at United States 
Cyber Command. 
Sec. 1104. Public-private talent exchange. 
Sec. 1105. Temporary and term appointments in the competitive service in the De-
partment of Defense. 
Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary 
students and recent graduates. 
Sec. 1107. Temporary increase in maximum amount of voluntary separation incen-
tive pay authorized for civilian employees of the Department of Defense. 
Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees 
performing work aboard or dockside in support of the nuclear-powered 
aircraft carrier forward deployed in Japan. 
Sec. 1109. Limitation on number of DOD SES positions. 
Sec. 1110. Direct hire authority for financial management experts in the Depart-
ment of Defense workforce. 
Sec. 1111. Repeal of certain basis for appointment of a retired member of the 
Armed Forces to Department of Defense position within 180 days of re-
tirement. 
Subtitle B—Department of Defense Science and Technology Laboratories and 
Related Matters 
Sec. 1121. Permanent personnel management authority for the Department of De-
fense for experts in science and engineering. 
Sec. 1122. Codification and modification of certain authorities for certain positions 
at Department of Defense research and engineering laboratories. 
Sec. 1123. Modification to information technology personnel exchange program. 
Sec. 1124. Pilot program on enhanced pay authority for certain research and tech-
nology positions in the science and technology reinvention laboratories 
of the Department of Defense. 
Sec. 1125. Temporary direct hire authority for domestic defense industrial base fa-
cilities, the Major Range and Test Facilities Base, and the Office of the 
Director of Operational Test and Evaluation. 
Subtitle C—Governmentwide Matters 
Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appoint-
ment of spouses of members of the Armed Forces. 
Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base fa-
cilities and Major Range and Test Facilities Base civilian personnel. 
Sec. 1133. One-year extension of temporary authority to grant allowances, benefits, 
and gratuities to civilian personnel on official duty in a combat zone. 
Sec. 1134. Advance payments for employees relocating within the United States 
and its territories. 
Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a 
permanent appointment at any Federal agency. 
Sec. 1136.
Review of official personnel file of former Federal employees before re-
hiring. 
Sec. 1137. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1138. Administrative leave. 
Sec. 1139. Direct hiring for Federal wage schedule employees. 
Sec. 1140. Record of investigation of personnel action in separated employee’s offi-
cial personnel file. 
Subtitle A—Department of Defense Matters 
Generally 
SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT. 
(a) MODIFICATION OF MANAGEMENT LIMITATIONS.—Section 129 
of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by striking ‘‘solely’’; 
(B) in the second sentence— 
(i) by striking ‘‘The management of such personnel 
in any fiscal year shall not be subject to any’’ and 
inserting ‘‘Any’’; and 
(ii) by inserting before the period the following: 
‘‘shall be developed on the basis of those factors and 
shall be subject to adjustment solely for reasons of 
changed circumstances’’; and 
(C) in the third sentence, by striking ‘‘unless such 
reduction’’ and all that follows and inserting ‘‘except in 
accordance with the requirements of this section and sec-
tion 129a of this title.’’; 
(2) by striking subsections (b), (c), (e), and (f); 
(3) by redesignating subsection (d) as subsection (b); and 
(4) by adding at the end the following new subsection 
(c): 
‘‘(c)(1) Not later than February 1 of each year— 
‘‘(A) the Secretary of Defense shall submit to the congres-
sional defense committees a report on the management of the 
civilian workforce of the Office of the Secretary of Defense 
and the Defense Agencies and Field Activities; and 
‘‘(B) the Secretary of each military department shall submit 
to the congressional defense committees a report on the 
management of the civilian workforces under the jurisdiction 
of such Secretary. 
‘‘(2) Each report under paragraph (1) shall contain, with respect 
to the civilian workforce under the jurisdiction of the official submit-
ting the report, the following: 
‘‘(A) An assessment of the projected size of such civilian 
workforce in the current year and for each year in the future- 
years defense program. 
‘‘(B) If the projected size of such civilian workforce has 
changed from the previous year’s projected size, an explanation 
of the reasons for the increase or decrease from the previous 
projection, including an explanation of any efforts that have 
been taken to identify offsetting reductions and avoid unneces-
sary overall growth in the size of the civilian workforce. 
‘‘(C) In the case of a transfer of functions between military, 
civilian, and contractor workforces, an explanation of the rea-
sons for the transfer and the steps that have been taken to 
control the overall cost of the function to the Department.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
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130 STAT. 2444 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 129. Civilian personnel management’’. 
(2) CLERICAL AMENDMENT.—The item relating to such sec-
tion in the table of sections at the beginning of chapter 3 
of such title is amended to read as follows: 
‘‘129. Civilian personnel management.’’. 
SEC. 1102. REPEAL OF REQUIREMENT FOR ANNUAL STRATEGIC 
WORKFORCE PLAN FOR THE DEPARTMENT OF DEFENSE. 
(a) REPEAL.—Section 115b of title 10, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 2 of such title is amended by striking the item 
relating to section 115b. 
SEC. 1103. TRAINING FOR EMPLOYMENT PERSONNEL OF DEPARTMENT 
OF DEFENSE ON MATTERS RELATING TO AUTHORITIES 
FOR RECRUITMENT AND RETENTION AT UNITED STATES 
CYBER COMMAND. 
(a) TRAINING REQUIRED.—Section 1599f of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (f), (g), (h), (i), and (j) 
as subsections (g), (h), (i), (j), and (k), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) TRAINING.—(1) The Secretary shall provide training to cov-
ered personnel on hiring and pay matters relating to authorities 
under this section. 
‘‘(2) For purposes of this subsection, covered personnel are 
employees of the Department who— 
‘‘(A) carry out functions relating to— 
‘‘(i) the management of human resources and the 
civilian workforce of the Department; or 
‘‘(ii) the writing of guidance for the implementation 
of authorities regarding hiring and pay under this section; 
or 
‘‘(B) are employed in supervisory positions or have respon-
sibilities relating to the hiring of individuals for positions in 
the Department and to whom the Secretary intends to delegate 
authority under this section.’’. 
(b) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate committees of Congress (as 
defined in section 1599f of title 10, United States Code) a 
report on the training the Secretary intends to provide to 
each of the employees described in subsection (f)(2) of such 
section (as added by subsection (a) of this section) and the 
frequency with which the Secretary intends to provide such 
training. 
(2) ONGOING REPORTS.—Subsection (h)(2)(E) of such section, 
as redesignated by subsection (a)(1) of this section, is amended 
by striking ‘‘supervisors of employees in qualified positions 
at the Department on the use of the new authorities’’ and 
inserting ‘‘employees described in subsection (f)(2) on the use 
of authorities under this section’’. 
10 USC 111 prec. 
10 USC 121 prec. 
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130 STAT. 2445 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1104. PUBLIC-PRIVATE TALENT EXCHANGE. 
(a) AUTHORITY.—Chapter 81 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 1599g. Public-private talent exchange 
‘‘(a) ASSIGNMENT AUTHORITY.—Under regulations prescribed by 
the Secretary of Defense, the Secretary may, with the agreement 
of a private-sector organization and the consent of the employee, 
arrange for the temporary assignment of an employee to such 
private-sector organization, or from such private-sector organization 
to a Department of Defense organization under this section. 
‘‘(b) AGREEMENTS.—(1) The Secretary of Defense shall provide 
for a written agreement among the Department of Defense, the 
private-sector organization, and the employee concerned regarding 
the terms and conditions of the employee’s assignment under this 
section. The agreement— 
‘‘(A) shall require that the employee of the Department 
of Defense, upon completion of the assignment, will serve in 
the Department of Defense, or elsewhere in the civil service 
if approved by the Secretary, for a period equal to twice the 
length of the assignment; 
‘‘(B) shall provide that if the employee of the Department 
of Defense or of the private-sector organization (as the case 
may be) fails to carry out the agreement, such employee shall 
be liable to the United States for payment of all expenses 
of the assignment, unless that failure was for good and suffi-
cient reason, as determined by the Secretary of Defense; and 
‘‘(C) shall contain language ensuring that such employee 
of the Department does not improperly use pre-decisional or 
draft deliberative information that such employee may be privy 
to or aware of related to Department programing, budgeting, 
resourcing, acquisition, or procurement for the benefit or advan-
tage of the private-sector organization. 
‘‘(2) An amount for which an employee is liable under paragraph 
(1) shall be treated as a debt due the United States. 
‘‘(3) The Secretary may waive, in whole or in part, collection 
of a debt described in paragraph (2) based on a determination 
that the collection would be against equity and good conscience 
and not in the best interests of the United States, after taking 
into account any indication of fraud, misrepresentation, fault, or 
lack of good faith on the part of the employee. 
‘‘(c) TERMINATION.—An assignment under this section may, at 
any time and for any reason, be terminated by the Department 
of Defense or the private-sector organization concerned. 
‘‘(d) DURATION.—(1) An assignment under this section shall 
be for a period of not less than three months and not more than 
two years, renewable up to a total of four years. No employee 
of the Department of Defense may be assigned under this section 
for more than a total of 4 years inclusive of all such assignments. 
‘‘(2) An assignment under this section may be for a period 
in excess of two years, but not more than four years, if the Secretary 
determines that such assignment is necessary to meet critical mis-
sion or program requirements. 
‘‘(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO PRIVATE- 
SECTOR ORGANIZATIONS.—(1) An employee of the Department of 
Defense who is assigned to a private-sector organization under 
this section shall be considered, during the period of assignment, 
10 USC 1599g. 
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130 STAT. 2446 
PUBLIC LAW 114–328—DEC. 23, 2016 
to be on detail to a regular work assignment in the Department 
for all purposes. The written agreement established under sub-
section (b)(1) shall address the specific terms and conditions related 
to the employee’s continued status as a Federal employee. 
‘‘(2) In establishing a temporary assignment of an employee 
of the Department of Defense to a private-sector organization, the 
Secretary of Defense shall— 
‘‘(A) ensure that the normal duties and functions of such 
employee can be reasonably performed by other employees of 
the Department of Defense without the transfer or reassign-
ment of other personnel of the Department of Defense, including 
members of the armed forces; 
‘‘(B) ensure that the normal duties and functions of such 
employees are not, as a result of and during the course of 
such temporary assignment, performed or augmented by con-
tractor personnel in violation of the provisions of section 2461 
of this title; and 
‘‘(C) certify that the temporary assignment of such 
employee shall not have an adverse or negative impact on 
mission attainment, warfighter support, or organizational 
capabilities associated with the assignment. 
‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR EMPLOYEES.— 
An employee of a private-sector organization who is assigned to 
a Department of Defense organization under this section— 
‘‘(1) shall continue to receive pay and benefits from the 
private-sector organization from which such employee is 
assigned and shall not receive pay or benefits from the Depart-
ment of Defense, except as provided in paragraph (2); 
‘‘(2) is deemed to be an employee of the Department of 
Defense for the purposes of— 
‘‘(A) chapters 73 and 81 of title 5; 
‘‘(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 
607, 643, 654, 1905, and 1913 of title 18; 
‘‘(C) sections 1343, 1344, and 1349(b) of title 31; 
‘‘(D) the Federal Tort Claims Act and any other Federal 
tort liability statute; 
‘‘(E) the Ethics in Government Act of 1978; and 
‘‘(F) chapter 21 of title 41; 
‘‘(3) shall not have access to any trade secrets or to any 
other nonpublic information which is of commercial value to 
the private-sector organization from which such employee is 
assigned; 
‘‘(4) may perform work that is considered inherently govern-
mental in nature only when requested in writing by the Sec-
retary of Defense; and 
‘‘(5) may not be used to circumvent the provision of section 
2461 of this title nor to circumvent any limitation or restriction 
on the size of the Department’s workforce. 
‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE 
FEDERAL GOVERNMENT.—A private-sector organization may not 
charge the Department or any other agency of the Federal Govern-
ment, as direct or indirect costs under a Federal contract, the 
costs of pay or benefits paid by the organization to an employee 
assigned to a Department organization under this section for the 
period of the assignment. 
‘‘(h) CONSIDERATIONS.—In carrying out this section, the Sec-
retary of Defense— 
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130 STAT. 2447 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(1) shall ensure that, of the assignments made under 
this section each year, at least 20 percent are from small 
business concerns (as defined by section 3703(e)(2)(A) of title 
5); 
‘‘(2) shall take into consideration the question of how 
assignments under this section might best be used to help 
meet the needs of the Department of Defense with respect 
to the training of employees; and 
‘‘(3) shall take into consideration, where applicable, areas 
of particular private sector expertise, such as cybersecurity.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1599g. Public-private talent exchange.’’. 
SEC. 1105. TEMPORARY AND TERM APPOINTMENTS IN THE COMPETI-
TIVE SERVICE IN THE DEPARTMENT OF DEFENSE. 
(a) APPOINTMENT.— 
(1) IN GENERAL.—The Secretary of Defense may make a 
temporary appointment or a term appointment in the Depart-
ment when the need for the services of an employee in the 
Department is not permanent. 
(2) EXTENSION.—The Secretary may extend a temporary 
appointment or a term appointment made under paragraph 
(1). 
(b) APPOINTMENTS FOR CRITICAL HIRING NEEDS.— 
(1) IN GENERAL.—If there is a critical hiring need, the 
Secretary of Defense may make a noncompetitive temporary 
appointment or a noncompetitive term appointment in the 
Department of Defense, without regard to the requirements 
of sections 3327 and 3330 of title 5, United States Code, for 
a period that is not more than 18 months. 
(2) NO
EXTENSION
AVAILABLE.—An appointment made 
under paragraph (1) may not be extended. 
(c) REGULATIONS.—The Secretary may prescribe regulations to 
carry out this section. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘temporary appointment’’ means the appoint-
ment of an employee in the competitive service for a period 
that is not more than one year. 
(2) The term ‘‘term appointment’’ means the appointment 
of an employee in the competitive service for a period that 
is more than one year and not more than five years, unless 
the Secretary of Defense, before the appointment of the 
employee, authorizes a longer period. 
SEC. 1106. DIRECT-HIRE AUTHORITY FOR THE DEPARTMENT OF 
DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT 
GRADUATES. 
(a) HIRING
AUTHORITY.—Without regard to sections 3309 
through 3318, 3327, and 3330 of title 5, United States Code, the 
Secretary of Defense may recruit and appoint qualified recent grad-
uates and current post-secondary students to competitive service 
positions in professional and administrative occupations within the 
Department of Defense. 
(b) LIMITATION ON APPOINTMENTS.—Subject to subsection (c)(2), 
the total number of employees appointed by the Secretary under 
10 USC 1580 
note prec. 
10 USC 1580 
note prec. 
10 USC 1580 
prec. 
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130 STAT. 2448 
PUBLIC LAW 114–328—DEC. 23, 2016 
subsection (a) during a fiscal year may not exceed the number 
equal to 15 percent of the number of hires made into professional 
and administrative occupations of the Department at the GS–11 
level and below (or equivalent) under competitive examining proce-
dures during the previous fiscal year. 
(c) REGULATIONS.— 
(1) IN GENERAL.—The Secretary shall administer this sec-
tion in accordance with regulations prescribed by the Secretary 
for purposes of this section. 
(2) LOWER LIMIT ON APPOINTMENTS.—The regulations may 
establish a lower limit on the number of individuals appointable 
under subsection (a) during a fiscal year than is otherwise 
provided for under subsection (b), based on such factors as 
the Secretary considers appropriate. 
(3) PUBLIC NOTICE AND ADVERTISING.—To the extent prac-
tical, as determined by the Secretary, the Secretary shall pub-
licly advertise positions available under this section. In carrying 
out the preceding sentence, the Secretary shall— 
(A) take into account merit system principles, mission 
requirements, costs, and organizational benefits of any 
advertising of positions; and 
(B) advertise such positions in the manner the Sec-
retary determines is most likely to provide diverse and 
qualified candidates and ensure potential applicants have 
appropriate information relevant to the positions available. 
(d) SUNSET.—The authority provided under this section shall 
terminate on September 30, 2021. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘current post-secondary student’’ means a 
person who— 
(A) is currently enrolled in, and in good academic 
standing at, a full-time program at an institution of higher 
education; 
(B) is making satisfactory progress toward receipt of 
a baccalaureate or graduate degree; and 
(C) has completed at least one year of the program. 
(2) The term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
(3) The term ‘‘recent graduate’’, with respect to appointment 
of a person under this section, means a person who was 
awarded a degree by an institution of higher education not 
more than two years before the date of the appointment of 
such person, except that in the case of a person who has 
completed a period of obligated service in a uniformed service 
of more than four years, such term means a person who was 
awarded a degree by an institution of higher education not 
more than four years before the date of the appointment of 
such person. 
SEC. 1107. TEMPORARY INCREASE IN MAXIMUM AMOUNT OF VOL-
UNTARY SEPARATION INCENTIVE PAY AUTHORIZED FOR 
CIVILIAN 
EMPLOYEES 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE. 
During the period beginning on the date of enactment of this 
Act and ending on September 30, 2018, section 9902(f)(5)(A)(ii) 
of title 5, United States Code, shall be applied by substituting 
5 USC 9902 note. 
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130 STAT. 2449 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘an amount determined by the Secretary, not to exceed $40,000’’ 
for ‘‘$25,000’’. 
SEC. 1108. EXTENSION OF RATE OF OVERTIME PAY FOR DEPARTMENT 
OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD 
OR DOCKSIDE IN SUPPORT OF THE NUCLEAR-POWERED 
AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN. 
Section 5542(a)(6)(B) of title 5, United States Code, is amended 
by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30, 
2018’’. 
SEC. 1109. LIMITATION ON NUMBER OF DOD SES POSITIONS. 
(a) LIMITATION ON NUMBER OF DOD SES POSITIONS.— 
(1) IN GENERAL.—Not later than December 31, 2022, the 
total number of Senior Executive Service positions authorized 
under section 3133 of title 5, United States Code, for the 
Department of Defense may not exceed 1,260. 
(2) HIGHLY QUALIFIED EXPERTS.—Of the total number of 
positions authorized under paragraph (1), not more than 200 
of such positions may be occupied by an individual appointed 
under the authority provided in section 9903 of such title. 
(b) PLAN TO ACHIEVE REQUIRED LIMITATION.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
a plan to achieve the limitation required by subsection (a) 
that includes— 
(A) the distribution of Senior Executive Service posi-
tions across the Office of the Secretary of Defense, the 
Joint Staff, the Military Departments, the Defense Agencies 
and Field Activities, the unified and specified combatant 
commands, and other key elements of the Department of 
Defense; 
(B) the by-year reductions to Senior Executive Service 
positions consistent with the distribution required under 
subparagraph (A); and 
(C) recommendations for any legislative action that 
may be necessary for personnel management and shaping 
authorities to achieve the required limitation. 
(2) SUBMISSION OF PLAN.—Not less than one year after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting forth the 
plan developed under paragraph (1). 
(3) PROGRESS REPORTS.—The Secretary of Defense shall 
provide to the Committees on Armed Services of the Senate 
and the House of Representatives semi-annual progress report 
briefings describing and assessing the progress of the Secretary 
in implementing the plan developed under paragraph (1). 
(c) CONFORMING AMENDMENT.—Section 3133(c) of title 5, United 
States Code, is amended by adding at the end the following new 
sentence: ‘‘Beginning in 2023, the number of such positions author-
ized under the preceding sentence for the Department of Defense 
may not exceed the limitation provided in section 1109 of the 
National Defense Authorization Act for Fiscal Year 2017.’’. 
(d) DEFINITION OF SENIOR EXECUTIVE SERVICE POSITION.—In 
this section, the term ‘‘Senior Executive Service position’’ has the 
meaning given such term in section 3132(a)(2) of title 5, United 
States Code. 
5 USC 3133 note. 
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130 STAT. 2450 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1110. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT 
EXPERTS 
IN 
THE 
DEPARTMENT 
OF 
DEFENSE 
WORKFORCE. 
(a) AUTHORITY.—Each Secretary concerned may appoint quali-
fied candidates possessing a finance, accounting, management, or 
actuarial science degree, or a related degree or equivalent experi-
ence, to positions specified in subsection (c) for the Defense Agencies 
or the applicable military department without regard to the provi-
sions of subchapter I of chapter 33 of title 5, United States Code. 
(b) SECRETARY CONCERNED.—For purposes of this section, the 
Secretary concerned is as follows: 
(1) The Secretary of Defense with respect to the Defense 
Agencies. 
(2) The Secretary of a military department with respect 
to such military department. 
(c) POSITIONS.—The positions specified in this subsection are 
the positions within the Department of Defense workforce as follows: 
(1) Financial management positions. 
(2) Accounting positions. 
(3) Auditing positions. 
(4) Actuarial positions. 
(5) Cost estimation positions. 
(6) Operational research positions. 
(7) Business and business administration positions. 
(d) LIMITATION.—Authority under this section may not, in any 
calendar year and with respect to any Defense Agency or military 
department, be exercised with respect to a number of candidates 
greater than the number equal to 10 percent of the total number 
of the financial management, accounting, auditing, and actuarial 
positions within the financial management workforce of such 
Defense Agency or military department that are filled as of the 
close of the fiscal year last ending before the start of such calendar 
year. 
(e) NATURE OF APPOINTMENT.—Any appointment under this 
section shall be treated as an appointment on a full-time equivalent 
basis, unless such appointment is made on a term or temporary 
basis. 
(f) EMPLOYEE DEFINED.—In this section, the term ‘‘employee’’ 
has the meaning given that term in section 2105 of title 5, United 
States Code. 
(g) TERMINATION.—The authority to make appointments under 
this section shall not be available after December 31, 2022. 
SEC. 1111. REPEAL OF CERTAIN BASIS FOR APPOINTMENT OF A 
RETIRED MEMBER OF THE ARMED FORCES TO DEPART-
MENT OF DEFENSE POSITION WITHIN 180 DAYS OF 
RETIREMENT. 
Section 3326(b) of title 5, United States Code, is amended— 
(1) in paragraph (1), by adding ‘‘or’’ at the end; 
(2) in paragraph (2), by striking ‘‘; or’’ and inserting a 
period; and 
(3) by striking paragraph (3). 
10 USC 1580 
note prec. 
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130 STAT. 2451 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle B—Department of Defense Science 
and Technology Laboratories and Re-
lated Matters 
SEC. 1121. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR 
THE 
DEPARTMENT 
OF 
DEFENSE 
FOR 
EXPERTS 
IN 
SCIENCE AND ENGINEERING. 
(a) PERMANENT PERSONNEL MANAGEMENT AUTHORITY.— 
(1) IN GENERAL.—Chapter 81 of title 10, United States 
Code, as amended by section 1104 of this Act, is further 
amended by adding at the end the following new section: 
‘‘§ 1599h. Personnel management authority to attract experts 
in science and engineering 
‘‘(a) PROGRAMS AUTHORIZED.— 
‘‘(1) LABORATORIES OF THE MILITARY DEPARTMENTS.—The 
Secretary of Defense may carry out a program of personnel 
management authority provided in subsection (b) in order to 
facilitate recruitment of eminent experts in science or 
engineering for such laboratories of the military departments 
as the Secretary shall designate for purposes of the program 
for research and development projects of such laboratories. 
‘‘(2) DARPA.—The Director of the Defense Advanced 
Research Projects Agency may carry out a program of personnel 
management authority provided in subsection (b) in order to 
facilitate recruitment of eminent experts in science or 
engineering for research and development projects and to 
enhance the administration and management of the Agency. 
‘‘(3) DOTE.—The Director of the Office of Operational Test 
and Evaluation may carry out a program of personnel manage-
ment authority provided in subsection (b) in order to facilitate 
recruitment of eminent experts in science or engineering to 
support operational test and evaluation missions of the Office. 
‘‘(b) PERSONNEL MANAGEMENT AUTHORITY.—Under a program 
under subsection (a), the official responsible for administration of 
the program may— 
‘‘(1) without regard to any provision of title 5 governing 
the appointment of employees in the civil service— 
‘‘(A) in the case of the laboratories of the military 
departments designated pursuant to subsection (a)(1), 
appoint scientists and engineers to a total of not more 
than 40 scientific and engineering positions in such labora-
tories; 
‘‘(B) in the case of the Defense Advanced Research 
Projects Agency, appoint individuals to a total of not more 
than 100 positions in the Agency, of which not more than 
5 such positions may be positions of administration or 
management of the Agency; and 
‘‘(C) in the case of the Office of Operational Test and 
Evaluation, appoint scientists and engineers to a total of 
not more than 10 scientific and engineering positions in 
the Office; 
‘‘(2) notwithstanding any provision of title 5 governing the 
rates of pay or classification of employees in the executive 
10 USC 1599h. 
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130 STAT. 2452 
PUBLIC LAW 114–328—DEC. 23, 2016 
branch, prescribe the rates of basic pay for positions to which 
employees are appointed under paragraph (1)— 
‘‘(A) in the case of employees appointed pursuant to 
paragraph (1)(B) to any of 5 positions designated by the 
Director of the Defense Advanced Research Projects Agency 
for purposes of this subparagraph, at rates not in excess 
of a rate equal to 150 percent of the maximum rate of 
basic pay authorized for positions at Level I of the Execu-
tive Schedule under section 5312 of title 5; and 
‘‘(B) in the case of any other employee appointed pursu-
ant to paragraph (1), at rates not in excess of the maximum 
rate of basic pay authorized for senior-level positions under 
section 5376 of title 5; and 
‘‘(3) pay any employee appointed under paragraph (1), other 
than an employee appointed to a position designated as 
described in paragraph (2)(A), payments in addition to basic 
pay within the limit applicable to the employee under sub-
section (d). 
‘‘(c) LIMITATION ON TERM OF APPOINTMENT.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the service of an employee under an appointment under sub-
section (b)(1) may not exceed four years. 
‘‘(2) EXTENSION.—The official responsible for the adminis-
tration of a program under subsection (a) may, in the case 
of a particular employee under the program, extend the period 
to which service is limited under paragraph (1) by up to two 
years if the official determines that such action is necessary 
to promote the efficiency of a laboratory of a military depart-
ment, the Defense Advanced Research Projects Agency, or the 
Office of Operational Test and Evaluation, as applicable. 
‘‘(d) MAXIMUM AMOUNT OF ADDITIONAL PAYMENTS PAYABLE.— 
Notwithstanding any other provision of this section or section 5307 
of title 5, no additional payments may be paid to an employee 
under subsection (b)(3) in any calendar year if, or to the extent 
that, the employee’s total annual compensation in such calendar 
year will exceed the maximum amount of total annual compensation 
payable at the salary set in accordance with section 104 of title 
3.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 81 of such title, as so amended, is further 
amended by adding at the end the following new item: 
‘‘1599h. Personnel management authority to attract experts in science and engineer-
ing.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1101 of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is repealed. 
(c) APPLICABILITY OF PERSONNEL MANAGEMENT AUTHORITY TO 
PERSONNEL
CURRENTLY
EMPLOYED
UNDER
SUPERSEDED 
AUTHORITY.— 
(1) IN GENERAL.—Any individual employed as of the date 
of the enactment of this Act under section 1101(b)(1) of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (5 U.S.C. 3104 note) (as in effect on the day before 
such date) shall remain employed under section 1599h of title 
10, United States Code (as added by subsection (a)), after 
10 USC 1599h 
note. 
10 USC 1580 
prec. 
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130 STAT. 2453 
PUBLIC LAW 114–328—DEC. 23, 2016 
such date in accordance with such section 1599h and the 
applicable program carried out under such section 1599h. 
(2) DATE
OF
APPOINTMENT.—For purposes of subsection 
(c) of section 1599h of title 10, United States Code (as so 
added), the date of the appointment of any employee who 
remains employed as described in paragraph (1) shall be the 
date of the appointment of such employee under section 
1101(b)(1) of the Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999 (5 U.S.C. 3104 note) (as so 
in effect). 
SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORI-
TIES FOR CERTAIN POSITIONS AT DEPARTMENT OF 
DEFENSE RESEARCH AND ENGINEERING LABORATORIES. 
(a) CODIFICATION.— 
(1) IN GENERAL.—Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2358 the following 
new section: 
‘‘§ 2358a. Authorities for certain positions at science and 
technology reinvention laboratories 
‘‘(a) AUTHORITY TO MAKE DIRECT APPOINTMENTS.— 
‘‘(1) CANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI-
TIONS
AT
SCIENCE
AND
TECHNOLOGY
REINVENTION
LABORA-
TORIES.—The director of any Science and Technology Reinven-
tion Laboratory (hereinafter in this section referred to as an 
‘STRL’) may appoint qualified candidates possessing a bach-
elor’s degree to positions described in paragraph (1) of sub-
section (b) as an employee in a laboratory described in that 
paragraph without regard to the provisions of subchapter I 
of chapter 33 of title 5 (other than sections 3303 and 3328 
of such title). 
‘‘(2) VETERAN
CANDIDATES
FOR
SIMILAR
POSITIONS
AT 
RESEARCH AND ENGINEERING FACILITIES.—The director of any 
STRL may appoint qualified veteran candidates to positions 
described in paragraph (2) of subsection (b) as an employee 
at a laboratory, agency, or organization specified in that para-
graph without regard to the provisions of subchapter I of 
chapter 33 of title 5. 
‘‘(3) STUDENTS ENROLLED IN SCIENTIFIC AND ENGINEERING 
PROGRAMS.—The director of any STRL may appoint qualified 
candidates enrolled in a program of undergraduate or graduate 
instruction leading to a bachelor’s or an advanced degree in 
a scientific, technical, engineering or mathematical course of 
study at an institution of higher education (as that term is 
defined in sections 101 and 102 of the Higher Education Act 
of 1965 (20 U.S.C. 1001, 1002)) to positions described in para-
graph (3) of subsection (b) as an employee in a laboratory 
described in that paragraph without regard to the provisions 
of subchapter I of chapter 33 of title 5 (other than sections 
3303 and 3328 of such title). 
‘‘(4) NONCOMPETITIVE CONVERSION TO PERMANENT APPOINT-
MENT.—With respect to any student appointed by the director 
of an STRL under paragraph (3) to a temporary or term 
appointment, upon graduation from the applicable institution 
of higher education (as defined in such paragraph), the director 
may noncompetitively convert such student to a permanent 
10 USC 2358a. 
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130 STAT. 2454 
PUBLIC LAW 114–328—DEC. 23, 2016 
appointment within the STRL without regard to the provisions 
of subchapter I of chapter 33 of title 5 (other than sections 
3303 and 3328 of such title), provided the student meets all 
eligibility and Office of Personnel Management qualification 
requirements for the position. 
‘‘(b) COVERED POSITIONS.— 
‘‘(1) CANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI-
TIONS.—The positions described in this paragraph are scientific 
and engineering positions that may be temporary, term, or 
permanent in any laboratory designated by section 1105(a) 
of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 10 U.S.C. 2358 note) as a Department 
of Defense science and technology reinvention laboratory. 
‘‘(2) 
QUALIFIED
VETERAN
CANDIDATES.—The 
positions 
described 
in 
this 
paragraph 
are 
scientific, 
technical, 
engineering, and mathematics positions, including technicians, 
in the following: 
‘‘(A) Any laboratory referred to in paragraph (1). 
‘‘(B) Any other Department of Defense research and 
engineering agency or organization designated by the Sec-
retary for purposes of subsection (a)(2). 
‘‘(3) CANDIDATES ENROLLED IN SCIENTIFIC AND ENGINEERING 
PROGRAMS.—The positions described in this paragraph are sci-
entific and engineering positions that may be temporary or 
term in any laboratory designated by section 1105(a) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 10 U.S.C. 2358 note) as a Department of Defense 
science and technology reinvention laboratory. 
‘‘(c) LIMITATION ON NUMBER OF APPOINTMENTS ALLOWABLE IN 
A CALENDAR YEAR.—The authority under subsection (a) may not, 
in any calendar year and with respect to any laboratory, agency, 
or organization described in subsection (b), be exercised with respect 
to a number of candidates greater than the following: 
‘‘(1) In the case of a laboratory described in subsection 
(b)(1), with respect to appointment authority under subsection 
(a)(1), the number equal to 6 percent of the total number 
of scientific and engineering positions in such laboratory that 
are filled as of the close of the fiscal year last ending before 
the start of such calendar year. 
‘‘(2) In the case of a laboratory, agency, or organization 
described in subsection (b)(2), with respect to appointment 
authority under subsection (a)(2), the number equal to 3 percent 
of the total number of scientific, technical, engineering, mathe-
matics, and technician positions in such laboratory, agency, 
or organization that are filled as of the close of the fiscal 
year last ending before the start of such calendar year. 
‘‘(3) In the case of a laboratory described in subsection 
(b)(3), with respect to appointment authority under subsection 
(a)(3), the number equal to 10 percent of the total number 
of scientific and engineering positions in such laboratory that 
are filled as of the close of the fiscal year last ending before 
the start of such calendar year. 
‘‘(d) SENIOR SCIENTIFIC TECHNICAL MANAGERS.— 
‘‘(1) ESTABLISHMENT.—There is hereby established in each 
STRL a category of senior professional scientific and technical 
positions, the incumbents of which shall be designated as ‘senior 
scientific technical managers’ and which shall be positions 
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130 STAT. 2455 
PUBLIC LAW 114–328—DEC. 23, 2016 
classified above GS–15 of the General Schedule, notwith-
standing section 5108(a) of title 5. The primary functions of 
such positions shall be— 
‘‘(A) to engage in research and development in the 
physical, biological, medical, or engineering sciences, or 
another field closely related to the mission of such STRL; 
and 
‘‘(B) to carry out technical supervisory responsibilities. 
‘‘(2) APPOINTMENTS.—The positions described in paragraph 
(1) may be filled, and shall be managed, by the director of 
the STRL involved, under criteria established pursuant to sec-
tion 342(b) of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note), relating 
to personnel demonstration projects at laboratories of the 
Department of Defense, except that the director of the labora-
tory involved shall determine the number of such positions 
at such laboratory, not to exceed 2 percent of the number 
of scientists and engineers employed at such laboratory as 
of the close of the last fiscal year before the fiscal year in 
which any appointments subject to that numerical limitation 
are made. 
‘‘(e) EXCLUSION FROM PERSONNEL LIMITATIONS.— 
‘‘(1) IN GENERAL.—The director of an STRL shall manage 
the workforce strength, structure, positions, and compensation 
of such STRL— 
‘‘(A) without regard to any limitation on appointments, 
positions, or funding with respect to such STRL, subject 
to subparagraph (B); and 
‘‘(B) in a manner consistent with the budget available 
with respect to such STRL. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to Senior 
Executive Service positions (as defined in section 3132(a) of 
title 5) or scientific and professional positions authorized under 
section 3104 of such title. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘employee’ has the meaning given that term 
in section 2105 of title 5. 
‘‘(2) The term ‘veteran’ has the meaning given that term 
in section 101 of title 38.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 139 of such title is amended by inserting 
after the item relating to section 2358 the following new item: 
‘‘2358a. Authorities for certain positions at science and technology reinvention lab-
oratories.’’. 
(b) REPEAL
OF SUPERSEDED SECTION.—Section 1107 of the 
National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 
2358 note) is hereby repealed. 
SEC. 1123. MODIFICATION TO INFORMATION TECHNOLOGY PER-
SONNEL EXCHANGE PROGRAM. 
Section 1110 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 5 U.S.C. 3702 note) is 
amended— 
(1) in the section heading, by inserting ‘‘CYBER AND’’ before 
‘‘INFORMATION’’. 
(2) in subsections (a)(1)(A), (a)(1)(C), and (g)(2), by inserting 
‘‘cyber operations or’’ before ‘‘information’’; 
10 USC 2351 
prec. 
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130 STAT. 2456 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) in subsection (d), by striking ‘‘2018’’ and inserting 
‘‘2022’’; 
(4) in subsection (g)(1), by inserting ‘‘to or’’ before ‘‘from’’; 
and 
(5) in subsection (h), by striking ‘‘10’’ and inserting ‘‘50’’. 
SEC. 1124. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CER-
TAIN RESEARCH AND TECHNOLOGY POSITIONS IN THE 
SCIENCE 
AND 
TECHNOLOGY 
REINVENTION 
LABORA-
TORIES OF THE DEPARTMENT OF DEFENSE. 
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 
may carry out a pilot program to assess the feasibility and advis-
ability of using the pay authority specified in subsection (d) to 
fix the rate of basic pay for positions described in subsection (c) 
in order to assist the military departments in attracting and 
retaining high quality acquisition and technology experts in posi-
tions responsible for managing and performing complex, high-cost 
research and technology development efforts in the science and 
technology reinvention laboratories of the Department of Defense. 
(b) APPROVAL REQUIRED.—The pilot program may be carried 
out in a military department only with the approval of the Service 
Acquisition Executive of the military department concerned. 
(c) POSITIONS.—The positions described in this subsection are 
positions in the science and technology reinvention laboratories 
of the Department of Defense that— 
(1) require expertise of an extremely high level in a sci-
entific, technical, professional, or acquisition management field; 
and 
(2) are critical to the successful accomplishment of an 
important research or technology development mission. 
(d) RATE OF BASIC PAY.—The pay authority specified in this 
subsection is authority as follows: 
(1) Authority to fix the rate of basic pay for a position 
at a rate not to exceed 150 percent of the rate of basic pay 
payable for level I of the Executive Schedule, upon the approval 
of the Service Acquisition Executive concerned. 
(2) Authority to fix the rate of basic pay for a position 
at a rate in excess of 150 percent of the rate of basic pay 
payable for level I of the Executive Schedule, upon the approval 
of the Secretary of the military department concerned. 
(e) LIMITATIONS.— 
(1) IN GENERAL.—The authority in subsection (a) may be 
used only to the extent necessary to competitively recruit or 
retain individuals exceptionally well qualified for positions 
described in subsection (c). 
(2) NUMBER OF POSITIONS.—The authority in subsection 
(a) may not be used with respect to more than five positions 
in each military department at any one time. 
(3) TERM OF POSITIONS.—The authority in subsection (a) 
may be used only for positions having a term of less than 
five years. 
(f) TERMINATION.— 
(1) IN GENERAL.—The authority to fix rates of basic pay 
for a position under this section shall terminate on October 
1, 2021. 
(2) CONTINUATION OF PAY.—Nothing in paragraph (1) shall 
be construed to prohibit the payment after October 1, 2021, 
10 USC 2358 
note. 
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130 STAT. 2457 
PUBLIC LAW 114–328—DEC. 23, 2016 
of basic pay at rates fixed under this section before that date 
for positions having terms that continue after that date. 
(g) SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF 
THE DEPARTMENT OF DEFENSE DEFINED.—In this section, the term 
‘‘science and technology reinvention laboratories of the Department 
of Defense’’ means the laboratories designated as science and tech-
nology reinvention laboratories by section 1105(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 
note). 
SEC. 1125. TEMPORARY DIRECT HIRE AUTHORITY FOR DOMESTIC 
DEFENSE INDUSTRIAL BASE FACILITIES, THE MAJOR 
RANGE AND TEST FACILITIES BASE, AND THE OFFICE OF 
THE DIRECTOR OF OPERATIONAL TEST AND EVALUA-
TION. 
(a) DEFENSE INDUSTRIAL BASE FACILITY AND MRTFB.—During 
fiscal years 2017 and 2018, the Secretary of Defense may appoint, 
without regard to the provisions of subchapter I of chapter 33 
of title 5, United States Code, other than sections 3303 and 3328 
of such title, qualified candidates to positions in the competitive 
service at any defense industrial base facility or the Major Range 
and Test Facilities Base. 
(b) OFFICE
OF
THE DIRECTOR
OF OPERATIONAL TEST
AND 
EVALUATION.—During fiscal years 2017 through 2021, the Secretary 
of Defense may, acting through the Director of Operational Test 
and Evaluation, appoint qualified candidates possessing an 
advanced degree to scientific and engineering positions within the 
Office of the Director of Operational Test and Evaluation without 
regard to the provisions of subchapter I of chapter 33 of title 
5, United States Code, other than sections 3303 and 3328 of such 
title. 
(c) DEFINITION
OF DEFENSE INDUSTRIAL BASE FACILITY.—In 
this section, the term ‘‘defense industrial base facility’’ means any 
Department of Defense depot, arsenal, or shipyard located within 
the United States. 
Subtitle C—Governmentwide Matters 
SEC. 1131. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR 
NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MEM-
BERS OF THE ARMED FORCES. 
Section 3330d(c) of title 5, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3) NO TIME LIMITATION ON APPOINTMENT.—A relocating 
spouse of a member of the Armed Forces remains eligible 
for noncompetitive appointment under this section for the dura-
tion of the spouse’s relocation to the permanent duty station 
of the member.’’. 
SEC. 1132. TEMPORARY PERSONNEL FLEXIBILITIES FOR DOMESTIC 
DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR 
RANGE AND TEST FACILITIES BASE CIVILIAN PER-
SONNEL. 
(a) IN GENERAL.—Notwithstanding chapter 33 of title 5, United 
States Code, or any other provision of law relating to the examina-
tion, certification, and appointment of individuals in the competitive 
service, during fiscal years 2017 and 2018, an employee of a defense 
10 USC 1580 
note prec. 
10 USC 1580 
note. 
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130 STAT. 2458 
PUBLIC LAW 114–328—DEC. 23, 2016 
industrial base facility or the Major Range and Test Facilities 
Base serving under a time-limited appointment in the competitive 
service is eligible to compete for a permanent appointment in the 
competitive service at (A) any such facility, Base, or any other 
component of the Department of Defense when such facility, Base, 
or component (as the case may be) is accepting applications from 
individuals within the facility, Base, or component’s workforce under 
merit promotion procedures, or (B) any agency when the agency 
is accepting applications from individuals outside its own workforce 
under merit promotion procedures of the applicable agency, if— 
(1) the employee was appointed initially under open, 
competitive examination under subchapter I of chapter 33 of 
such title to the time-limited appointment; 
(2) the employee has served under 1 or more time-limited 
appointments by a defense industrial base facility or the Major 
Range and Test Facilities Base for a period or periods totaling 
more than 24 months without a break of 2 or more years; 
and 
(3) the employee’s performance has been at an acceptable 
level of performance throughout the period or periods (as the 
case may be) referred to in paragraph (2). 
(b) WAIVER OF AGE REQUIREMENT.—In determining the eligi-
bility of a time-limited employee under this section to be examined 
for or appointed in the competitive service, the Office of Personnel 
Management or other examining agency shall waive requirements 
as to age, unless the requirement is essential to the performance 
of the duties of the position. 
(c) STATUS.—An individual appointed under this section— 
(1) becomes a career-conditional employee, unless the 
employee has otherwise completed the service requirements 
for career tenure; and 
(2) acquires competitive status upon appointment. 
(d) FORMER EMPLOYEES.—A former employee of a defense indus-
trial base facility or the Major Range and Test Facilities Base 
who served under a time-limited appointment and who otherwise 
meets the requirements of this section shall be deemed a time- 
limited employee for purposes of this section if— 
(1) such employee applies for a position covered by this 
section within the period of 2 years after the most recent 
date of separation; and 
(2) such employee’s most recent separation was for reasons 
other than misconduct or performance. 
(e) BENEFITS.—Any employee of a defense industrial base 
facility or the Major Range and Test Facilities Base serving under 
a time-limited appointment in the competitive service shall be pro-
vided with benefits that are comparable to the benefits provided 
to similar employees not serving under time-limited appointments 
at the defense industrial base facility or the Major Range and 
Test Facilities Base concerned, including professional development 
opportunities, eligibility for awards programs, and designation as 
status applicants for purposes of eligibility for positions in the 
civil service. 
(f) DEFINITION
OF DEFENSE INDUSTRIAL BASE FACILITY.—In 
this section, the term ‘‘defense industrial base facility’’ means any 
Department of Defense depot, arsenal, or shipyard located within 
the United States. 
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130 STAT. 2459 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1133. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO 
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO 
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT 
ZONE. 
Paragraph (2) of section 1603(a) of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 
as added by section 1102 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4616) and as most recently amended by section 1102 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1022), is further amended by striking ‘‘2017’’ 
and inserting ‘‘2018’’. 
SEC. 1134. ADVANCE PAYMENTS FOR EMPLOYEES RELOCATING 
WITHIN THE UNITED STATES AND ITS TERRITORIES. 
(a) IN GENERAL.—Subsection (a) of section 5524a of title 5, 
United States Code, is amended— 
(1) by striking ‘‘(a) The head’’ and inserting ‘‘(a)(1) The 
head’’; and 
(2) by adding at the end the following: 
‘‘(2) The head of each agency may provide for the advance 
payment of basic pay, covering not more than 4 pay periods, 
to an employee who is assigned to a position in the agency 
that is located— 
‘‘(A) outside of the employee’s commuting area; and 
‘‘(B) in the United States, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, 
or any territory or possession of the United States.’’. 
(b) CONFORMING AMENDMENTS.—Subsection (b) of such section 
is amended— 
(1) in paragraph (1), by inserting ‘‘or assigned’’ after 
‘‘appointed’’; and 
(2) in paragraph (2)(B)— 
(A) by inserting ‘‘or assignment’’ after ‘‘appointment’’; 
and 
(B) by inserting ‘‘or assigned’’ after ‘‘appointed’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended by inserting ‘‘and employees relocating within 
the United States and its territories’’ after ‘‘appointees’’. 
(2) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections of chapter 55 of such title is amended 
to read as follows: 
‘‘5524a. Advance payments for new appointees and employees relocating within the 
United States and its territories.’’. 
SEC. 1135. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED APPOINT-
MENT TO COMPETE FOR A PERMANENT APPOINTMENT 
AT ANY FEDERAL AGENCY. 
Section 9602 of title 5, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘any land management 
agency or any other agency (as defined in section 101 of title 
31) under the internal merit promotion procedures of the 
applicable agency’’ and inserting ‘‘such land management 
agency when such agency is accepting applications from individ-
uals within the agency’s workforce under merit promotion 
5 USC 5501 prec. 
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130 STAT. 2460 
PUBLIC LAW 114–328—DEC. 23, 2016 
procedures, or any agency, including a land management 
agency, when the agency is accepting applications from individ-
uals outside its own workforce under the merit promotion proce-
dures of the applicable agency’’; and 
(2) in subsection (d) by inserting ‘‘of the agency from which 
the former employee was most recently separated’’ after 
‘‘deemed a time-limited employee’’. 
SEC. 1136. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FED-
ERAL EMPLOYEES BEFORE REHIRING. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following: 
‘‘§ 3330e. Review of official personnel file of former Federal 
employees before rehiring 
‘‘(a) If a former Government employee is a candidate for a 
position within the competitive service or the excepted service, 
prior to making any determination with respect to the appointment 
or reinstatement of such employee to such position, the appointing 
authority shall review and consider merit-based information 
relating to such employee’s former period or periods of service 
such as official personnel actions, employee performance ratings, 
and disciplinary actions, if any, in such employee’s official personnel 
record file. 
‘‘(b) In subsection (a), the term ‘former Government employee’ 
means an individual whose most recent position with the Govern-
ment prior to becoming a candidate as described under subsection 
(a) was within the competitive service or the excepted service. 
‘‘(c) The Office of Personnel Management shall prescribe regula-
tions to carry out the purpose of this section. Such regulations 
may not contain provisions that would increase the time required 
for agency hiring actions.’’. 
(b) APPLICATION.—The amendment made by subsection (a) shall 
apply to any former Government employee (as described in section 
3330e of title 5, United States Code, as added by such subsection) 
appointed or reinstated on or after the date that is 180 days 
after the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of sections of subchapter 
I of chapter 33 of title 5, United States Code, is amended by 
adding at the end the following: 
‘‘3330e. Review of official personnel file of former Federal employees before rehir-
ing.’’. 
SEC. 1137. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-
TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 
WORKING OVERSEAS. 
Section 1101(a) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4615), as most recently amended by section 1108 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1027), is further amended by striking 
‘‘through 2016’’ and inserting ‘‘through 2017’’. 
SEC. 1138. ADMINISTRATIVE LEAVE. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Administra-
tive Leave Act of 2016’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
Administrative 
Leave Act 
of 2016. 
5 USC 101 note. 
5 USC 6329a 
note. 
5 USC 3301 prec. 
5 USC 3330e 
note. 
5 USC 3330e. 
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130 STAT. 2461 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) agency use of administrative leave, and leave that is 
referred to incorrectly as administrative leave in agency 
recording practices, has exceeded reasonable amounts— 
(A) in contravention of— 
(i) established precedent of the Comptroller Gen-
eral of the United States; and 
(ii) guidance provided by the Office of Personnel 
Management; and 
(B) resulting in significant cost to the Federal Govern-
ment; 
(2) administrative leave should be used sparingly; 
(3) prior to the use of paid leave to address personnel 
issues, an agency should consider other actions, including— 
(A) temporary reassignment; and 
(B) transfer; 
(4) an agency should prioritize and expeditiously conclude 
an investigation in which an employee is placed in administra-
tive leave so that, not later than the conclusion of the leave 
period— 
(A) the employee is returned to duty status; or 
(B) an appropriate personnel action is taken with 
respect to the employee; 
(5) data show that there are too many examples of 
employees placed in administrative leave for 6 months or 
longer, leaving the employees without any available recourse 
to— 
(A) return to duty status; or 
(B) challenge the decision of the agency; 
(6) an agency should ensure accurate and consistent 
recording of the use of administrative leave so that administra-
tive leave can be managed and overseen effectively; and 
(7) other forms of excused absence authorized by law should 
be recorded separately from administrative leave, as defined 
by the amendments made by this section. 
(c) ADMINISTRATIVE LEAVE.— 
(1) IN GENERAL.—Subchapter II of chapter 63 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 6329a. Administrative leave 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘administrative leave’ means leave— 
‘‘(A) without loss of or reduction in— 
‘‘(i) pay; 
‘‘(ii) leave to which an employee is otherwise enti-
tled under law; or 
‘‘(iii) credit for time or service; and 
‘‘(B) that is not authorized under any other provision 
of law; 
‘‘(2) the term ‘agency’— 
‘‘(A) means an Executive agency (as defined in section 
105 of this title); 
‘‘(B) includes the Department of Veterans Affairs; and 
‘‘(C) does not include the Government Accountability 
Office; and 
‘‘(3) the term ‘employee’— 
5 USC 6329a. 
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130 STAT. 2462 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) has the meaning given the term in section 2105; 
and 
‘‘(B) does not include an intermittent employee who 
does not have an established regular tour of duty during 
the administrative workweek. 
‘‘(b) ADMINISTRATIVE LEAVE.— 
‘‘(1) IN GENERAL.—During any calendar year, an agency 
may place an employee in administrative leave for a period 
of not more than a total of 10 work days. 
‘‘(2) RECORDS.—An agency shall record administrative leave 
separately from leave authorized under any other provision 
of law. 
‘‘(c) REGULATIONS.— 
‘‘(1) OPM REGULATIONS.—Not later than 270 calendar days 
after the date of enactment of this section, the Director of 
the Office of Personnel Management shall— 
‘‘(A) prescribe regulations to carry out this section; 
and 
‘‘(B) prescribe regulations that provide guidance to 
agencies regarding— 
‘‘(i) acceptable agency uses of administrative leave; 
and 
‘‘(ii) the proper recording of— 
‘‘(I) administrative leave; and 
‘‘(II) other leave authorized by law. 
‘‘(2) AGENCY ACTION.—Not later than 270 calendar days 
after the date on which the Director of the Office of Personnel 
Management prescribes regulations under paragraph (1), each 
agency shall revise and implement the internal policies of the 
agency to meet the requirements of this section. 
‘‘(d) RELATION TO OTHER LAWS.—Notwithstanding subsection 
(a) of section 7421 of title 38, this section shall apply to an employee 
described in subsection (b) of that section.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of sections for subchapter II of chapter 63 of title 5, United 
States Code, is amended by inserting after the item relating 
to section 6329 the following: 
‘‘6329a. Administrative leave.’’. 
(d) INVESTIGATIVE LEAVE AND NOTICE LEAVE.— 
(1) IN GENERAL.—Subchapter II of chapter 63 of title 5, 
United States Code, as amended by this section, is further 
amended by adding at the end the following: 
‘‘§ 6329b. Investigative leave and notice leave 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’— 
‘‘(A) means an Executive agency (as defined in section 
105 of this title); 
‘‘(B) includes the Department of Veterans Affairs; and 
‘‘(C) does not include the Government Accountability 
Office; 
‘‘(2) the term ‘Chief Human Capital Officer’ means— 
‘‘(A) the Chief Human Capital Officer of an agency 
designated or appointed under section 1401; or 
‘‘(B) the equivalent; 
5 USC 6329b. 
5 USC 6301 prec. 
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130 STAT. 2463 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(3) the term ‘committees of jurisdiction’, with respect to 
an agency, means each committee of the Senate or House 
of Representatives with jurisdiction over the agency; 
‘‘(4) the term ‘Director’ means the Director of the Office 
of Personnel Management; 
‘‘(5) the term ‘employee’— 
‘‘(A) has the meaning given the term in section 2105; 
and 
‘‘(B) does not include— 
‘‘(i) an intermittent employee who does not have 
an established regular tour of duty during the adminis-
trative workweek; or 
‘‘(ii) the Inspector General of an agency; 
‘‘(6) the term ‘investigative entity’ means— 
‘‘(A) an internal investigative unit of an agency 
granting investigative leave under this section; 
‘‘(B) the Office of Inspector General of an agency 
granting investigative leave under this section; 
‘‘(C) the Attorney General; and 
‘‘(D) the Office of Special Counsel; 
‘‘(7) the term ‘investigative leave’ means leave— 
‘‘(A) without loss of or reduction in— 
‘‘(i) pay; 
‘‘(ii) leave to which an employee is otherwise enti-
tled under law; or 
‘‘(iii) credit for time or service; 
‘‘(B) that is not authorized under any other provision 
of law; and 
‘‘(C) in which an employee who is the subject of an 
investigation is placed; 
‘‘(8) the term ‘notice leave’ means leave— 
‘‘(A) without loss of or reduction in— 
‘‘(i) pay; 
‘‘(ii) leave to which an employee is otherwise enti-
tled under law; or 
‘‘(iii) credit for time or service; 
‘‘(B) that is not authorized under any other provision 
of law; and 
‘‘(C) in which an employee who is in a notice period 
is placed; and 
‘‘(9) the term ‘notice period’ means a period beginning on 
the date on which an employee is provided notice required 
under law of a proposed adverse action against the employee 
and ending on the date on which an agency may take the 
adverse action. 
‘‘(b) LEAVE
FOR EMPLOYEES UNDER INVESTIGATION
OR
IN
A 
NOTICE PERIOD.— 
‘‘(1) AUTHORITY.—An agency may, in accordance with para-
graph (2), place an employee in— 
‘‘(A) investigative leave if the employee is the subject 
of an investigation; 
‘‘(B) notice leave if the employee is in a notice period; 
or 
‘‘(C) notice leave following a placement in investigative 
leave if, not later than the day after the last day of the 
period of investigative leave— 
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130 STAT. 2464 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(i) the agency proposes or initiates an adverse 
action against the employee; and 
‘‘(ii) the agency determines that the employee con-
tinues to meet 1 or more of the criteria described 
in paragraph (2)(A). 
‘‘(2) REQUIREMENTS.—An agency may place an employee 
in leave under paragraph (1) only if the agency has— 
‘‘(A) made a determination with respect to the employee 
that the continued presence of the employee in the work-
place during an investigation of the employee or while 
the employee is in a notice period, as applicable, may— 
‘‘(i) pose a threat to the employee or others; 
‘‘(ii) result in the destruction of evidence relevant 
to an investigation; 
‘‘(iii) result in loss of or damage to Government 
property; or 
‘‘(iv) otherwise jeopardize legitimate Government 
interests; 
‘‘(B) considered— 
‘‘(i) assigning the employee to duties in which the 
employee no longer poses a threat described in clauses 
(i) through (iv) of subparagraph (A); 
‘‘(ii) allowing the employee to take leave for which 
the employee is eligible; 
‘‘(iii) if the employee is absent from duty without 
approved leave, carrying the employee in absence with-
out leave status; and 
‘‘(iv) for an employee subject to a notice period, 
curtailing the notice period if there is reasonable cause 
to believe the employee has committed a crime for 
which a sentence of imprisonment may be imposed; 
and 
‘‘(C) determined that none of the available options 
under clauses (i) through (iv) of subparagraph (B) is appro-
priate. 
‘‘(3) DURATION OF LEAVE.— 
‘‘(A) INVESTIGATIVE LEAVE.—Upon the expiration of the 
10 work day period described in section 6329a(b)(1) with 
respect to an employee, and if an agency determines that 
an extended investigation of the employee is necessary, 
the agency may place the employee in investigative leave 
for a period of not more than 30 work days. 
‘‘(B) NOTICE
LEAVE.—Placement of an employee in 
notice leave shall be for a period not longer than the 
duration of the notice period. 
‘‘(4) EXPLANATION OF LEAVE.— 
‘‘(A) IN GENERAL.—If an agency places an employee 
in leave under this subsection, the agency shall provide 
the employee a written explanation of whether the 
employee was placed in investigative leave or notice leave. 
‘‘(B) EXPLANATION.—The written notice under subpara-
graph (A) shall describe the limitations of the leave place-
ment, including— 
‘‘(i) the applicable limitations under paragraph (3); 
and 
‘‘(ii) in the case of a placement in investigative 
leave, an explanation that, at the conclusion of the 
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130 STAT. 2465 
PUBLIC LAW 114–328—DEC. 23, 2016 
period of leave, the agency shall take an action under 
paragraph (5). 
‘‘(5) AGENCY ACTION.—Not later than the day after the 
last day of a period of investigative leave for an employee 
under paragraph (1), an agency shall— 
‘‘(A) return the employee to regular duty status; 
‘‘(B) take 1 or more of the actions under clauses (i) 
through (iv) of paragraph (2)(B); 
‘‘(C) propose or initiate an adverse action against the 
employee as provided under law; or 
‘‘(D) extend the period of investigative leave under 
subsections (c) and (d). 
‘‘(6) RULE OF CONSTRUCTION.—Nothing in paragraph (5) 
shall be construed to prevent the continued investigation of 
an employee, except that the placement of an employee in 
investigative leave may not be extended for that purpose except 
as provided in subsections (c) and (d). 
‘‘(c) INITIAL EXTENSION OF INVESTIGATIVE LEAVE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (4), if the Chief 
Human Capital Officer of an agency, or the designee of the 
Chief Human Capital Officer, approves such an extension after 
consulting with the investigator responsible for conducting the 
investigation to which an employee is subject, the agency may 
extend the period of investigative leave for the employee under 
subsection (b) for not more than 30 work days. 
‘‘(2) MAXIMUM NUMBER OF EXTENSIONS.—The total period 
of additional investigative leave for an employee under para-
graph (1) may not exceed 90 work days. 
‘‘(3) DESIGNATION GUIDANCE.—Not later than 270 days after 
the date of enactment of this section, the Chief Human Capital 
Officers Council shall issue guidance to ensure that if the 
Chief Human Capital Officer of an agency delegates the 
authority to approve an extension under paragraph (1) to a 
designee, the designee is at a sufficiently high level within 
the agency to make an impartial and independent determina-
tion regarding the extension. 
‘‘(4) EXTENSIONS FOR OIG EMPLOYEES.— 
‘‘(A) APPROVAL.—In the case of an employee of an 
Office of Inspector General— 
‘‘(i) the Inspector General or the designee of the 
Inspector General, rather than the Chief Human Cap-
ital Officer or the designee of the Chief Human Capital 
Officer, shall approve an extension of a period of inves-
tigative leave for the employee under paragraph (1); 
or 
‘‘(ii) at the request of the Inspector General, the 
head of the agency within which the Office of Inspector 
General is located shall designate an official of the 
agency to approve an extension of a period of investiga-
tive leave for the employee under paragraph (1). 
‘‘(B) GUIDANCE.—Not later than 270 calendar days 
after the date of enactment of this section, the Council 
of the Inspectors General on Integrity and Efficiency shall 
issue guidance to ensure that if the Inspector General 
or the head of an agency, at the request of the Inspector 
General, delegates the authority to approve an extension 
under subparagraph (A) to a designee, the designee is 
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130 STAT. 2466 
PUBLIC LAW 114–328—DEC. 23, 2016 
at a sufficiently high level within the Office of Inspector 
General or the agency, as applicable, to make an impartial 
and independent determination regarding the extension. 
‘‘(d) FURTHER EXTENSION OF INVESTIGATIVE LEAVE.— 
‘‘(1) REPORT.—After reaching the limit under subsection 
(c)(2) and if an investigative entity submits a certification under 
paragraph (2) of this subsection, an agency may further extend 
a period of investigative leave for an employee for periods 
of not more than 30 work days each if, not later than 5 business 
days after granting each further extension, the agency submits 
to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight and 
Government Reform of the House of Representatives, along 
with any other committees of jurisdiction, a report containing— 
‘‘(A) the title, position, office or agency subcomponent, 
job series, pay grade, and salary of the employee; 
‘‘(B) a description of the duties of the employee; 
‘‘(C) the reason the employee was placed in investiga-
tive leave; 
‘‘(D) an explanation as to why— 
‘‘(i) the employee poses a threat described in 
clauses (i) through (iv) of subsection (b)(2)(A); and 
‘‘(ii) the agency is not able to reassign the employee 
to another position within the agency; 
‘‘(E) in the case of an employee required to telework 
under section 6502(c) during the investigation of the 
employee— 
‘‘(i) the reasons that the agency required the 
employee to telework under that section; and 
‘‘(ii) the duration of the teleworking requirement; 
‘‘(F) the status of the investigation of the employee; 
‘‘(G) the certification described in paragraph (2); and 
‘‘(H) in the case of a completed investigation of the 
employee— 
‘‘(i) the results of the investigation; and 
‘‘(ii) the reason that the employee remains in inves-
tigative leave. 
‘‘(2) CERTIFICATION.—If, after an employee has reached the 
limit under subsection (c)(2), an investigative entity determines 
that additional time is needed to complete the investigation 
of the employee, the investigative entity shall— 
‘‘(A) certify to the appropriate agency that additional 
time is needed to complete the investigation of the 
employee; and 
‘‘(B) include in the certification an estimate of the 
amount of time that is necessary to complete the investiga-
tion of the employee. 
‘‘(3) NO
EXTENSIONS
AFTER
COMPLETION
OF
INVESTIGA-
TION.—An agency may not further extend a period of investiga-
tive leave of an employee under paragraph (1) on or after 
the date that is 30 calendar days after the completion of the 
investigation of the employee by an investigative entity. 
‘‘(e) CONSULTATION GUIDANCE.—Not later than 270 calendar 
days after the date of enactment of this section, the Council of 
the Inspectors General on Integrity and Efficiency, in consultation 
with the Attorney General and the Special Counsel, shall issue 
guidance on best practices for consultation between an investigator 
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130 STAT. 2467 
PUBLIC LAW 114–328—DEC. 23, 2016 
and an agency on the need to place an employee in investigative 
leave during an investigation of the employee, including during 
a criminal investigation, because the continued presence of the 
employee in the workplace during the investigation may— 
‘‘(1) pose a threat to the employee or others; 
‘‘(2) result in the destruction of evidence relevant to an 
investigation; 
‘‘(3) result in loss of or damage to Government property; 
or 
‘‘(4) otherwise jeopardize legitimate Government interests. 
‘‘(f) REPORTING AND RECORDS.— 
‘‘(1) IN GENERAL.—An agency shall keep a record of the 
placement of an employee in investigative leave or notice leave 
by the agency, including— 
‘‘(A) the basis for the determination made under sub-
section (b)(2)(A); 
‘‘(B) an explanation of why an action under clauses 
(i) through (iv) of subsection (b)(2)(B) was not appropriate; 
‘‘(C) the length of the period of leave; 
‘‘(D) the amount of salary paid to the employee during 
the period of leave; 
‘‘(E) the reasons for authorizing the leave, including, 
if applicable, the recommendation made by an investigator 
under subsection (c)(1); 
‘‘(F) whether the employee is required to telework 
under section 6502(c) during the investigation, including 
the reasons for requiring the employee to telework; and 
‘‘(G) the action taken by the agency at the end of 
the period of leave, including, if applicable, the granting 
of any extension of a period of investigative leave under 
subsection (c) or (d). 
‘‘(2) AVAILABILITY OF RECORDS.—An agency shall make a 
record kept under paragraph (1) available— 
‘‘(A) to any committee of jurisdiction, upon request; 
‘‘(B) to the Office of Personnel Management; and 
‘‘(C) as otherwise required by law, including for the 
purposes of the Administrative Leave Act of 2016 and 
the amendments made by that Act. 
‘‘(g) RECOURSE TO THE OFFICE OF SPECIAL COUNSEL.—For pur-
poses of subchapter II of chapter 12 and section 1221, placement 
on investigative leave under subsection (b) of this section for a 
period of not less than 70 work days shall be considered a personnel 
action under paragraph (8) or (9) of section 2302(b). 
‘‘(h) REGULATIONS.— 
‘‘(1) OPM ACTION.—Not later than 270 calendar days after 
the date of enactment of this section, the Director shall pre-
scribe regulations to carry out this section, including guidance 
to agencies regarding— 
‘‘(A) acceptable purposes for the use of— 
‘‘(i) investigative leave; and 
‘‘(ii) notice leave; 
‘‘(B) the proper recording of— 
‘‘(i) the leave categories described in subparagraph 
(A); and 
‘‘(ii) other leave authorized by law; 
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130 STAT. 2468 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) baseline factors that an agency shall consider 
when making a determination that the continued presence 
of an employee in the workplace may— 
‘‘(i) pose a threat to the employee or others; 
‘‘(ii) result in the destruction of evidence relevant 
to an investigation; 
‘‘(iii) result in loss or damage to Government prop-
erty; or 
‘‘(iv) otherwise jeopardize legitimate Government 
interests; and 
‘‘(D) procedures and criteria for the approval of an 
extension of a period of investigative leave under subsection 
(c) or (d). 
‘‘(2) AGENCY ACTION.—Not later than 270 calendar days 
after the date on which the Director prescribes regulations 
under paragraph (1), each agency shall revise and implement 
the internal policies of the agency to meet the requirements 
of this section. 
‘‘(i) RELATION TO OTHER LAWS.—Notwithstanding subsection 
(a) of section 7421 of title 38, this section shall apply to an employee 
described in subsection (b) of that section.’’. 
(2) GAO REPORT.—Not later than 5 years after the date 
of enactment of this Act, and every 5 years thereafter, the 
Comptroller General of the United States shall submit to the 
Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Oversight and Government 
Reform of the House of Representatives a report on the results 
of an evaluation of the implementation of the authority provided 
under sections 6329a and 6329b of title 5, United States Code, 
as added by subsection (c)(1) of this section and paragraph 
(1) of this subsection, respectively, including— 
(A) the number of times that an agency, under sub-
section (c)(1) of such section 6329b— 
(i) consulted with the investigator responsible for 
conducting the investigation to which an employee was 
subject with respect to the decision of the agency to 
grant an extension under that subsection; and 
(ii) did not have a consultation described in clause 
(i), including the reasons that the agency failed to 
have such a consultation; 
(B) an assessment of the use of the authority provided 
under subsection (d) of such section 6329b by agencies, 
including data regarding the number and length of exten-
sions granted under that subsection; 
(C) an assessment of the compliance with the require-
ments of subsection (f) of such section 6329b by agencies; 
(D) a review of the practice of agency placement of 
an employee in investigative or notice leave under sub-
section (b) of such section 6329b because of a determination 
under subsection (b)(2)(A)(iv) of that section that the 
employee jeopardized legitimate Government interests, 
including the extent to which such determinations were 
supported by evidence; and 
(E) an assessment of the effectiveness of subsection 
(g) of such section 6329b in preventing and correcting the 
use of extended investigative leave as a tool of reprisal 
for making a protected disclosure or engaging in protected 
5 USC 6329a 
note. 
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130 STAT. 2469 
PUBLIC LAW 114–328—DEC. 23, 2016 
activity as described in paragraph (8) or (9) of section 
2302(b) of title 5, United States Code. 
(3) TELEWORK.—Section 6502 of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(c) REQUIRED TELEWORK.—If an agency places an employee 
in investigative leave under section 6329b, the agency may require 
the employee to, through telework, perform duties similar to the 
duties that the employee performs on-site if— 
‘‘(1) the agency determines that such a requirement would 
not— 
‘‘(A) pose a threat to the employee or others; 
‘‘(B) result in the destruction of evidence relevant to 
an investigation; 
‘‘(C) result in the loss of or damage to Government 
property; or 
‘‘(D) otherwise jeopardize legitimate Government 
interests; 
‘‘(2) the employee is eligible to telework under subsections 
(a) and (b) of this section; and 
‘‘(3) the agency determines that it would be appropriate 
for the employee to perform the duties of the employee through 
telework.’’. 
(4) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of sections for subchapter II of chapter 63 of title 5, United 
States Code, is amended by inserting after the item relating 
to section 6329a, as added by this section, the following: 
‘‘6329b. Investigative leave and notice leave.’’. 
(e) WEATHER AND SAFETY LEAVE.— 
(1) IN GENERAL.—Subchapter II of chapter 63 of title 5, 
United States Code, as amended by this section, is further 
amended by adding at the end the following: 
‘‘§ 6329c. Weather and safety leave 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’— 
‘‘(A) means an Executive agency (as defined in section 
105 of this title); 
‘‘(B) includes the Department of Veterans Affairs; and 
‘‘(C) does not include the Government Accountability 
Office; and 
‘‘(2) the term ‘employee’— 
‘‘(A) has the meaning given the term in section 2105; 
and 
‘‘(B) does not include an intermittent employee who 
does not have an established regular tour of duty during 
the administrative workweek. 
‘‘(b) LEAVE FOR WEATHER AND SAFETY ISSUES.—An agency may 
approve the provision of leave under this section to an employee 
or a group of employees without loss of or reduction in the pay 
of the employee or employees, leave to which the employee or 
employees are otherwise entitled, or credit to the employee or 
employees for time or service only if the employee or group of 
employees is prevented from safely traveling to or performing work 
at an approved location due to— 
‘‘(1) an act of God; 
‘‘(2) a terrorist attack; or 
5 USC 6329c. 
5 USC 6301 prec. 
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130 STAT. 2470 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(3) another condition that prevents the employee or group 
of employees from safely traveling to or performing work at 
an approved location. 
‘‘(c) RECORDS.—An agency shall record leave provided under 
this section separately from leave authorized under any other provi-
sion of law. 
‘‘(d) REGULATIONS.—Not later than 270 days after the date 
of enactment of this section, the Director of the Office of Personnel 
Management shall prescribe regulations to carry out this section, 
including— 
‘‘(1) guidance to agencies regarding the appropriate pur-
poses for providing leave under this section; and 
‘‘(2) the proper recording of leave provided under this sec-
tion. 
‘‘(e) RELATION TO OTHER LAWS.—Notwithstanding subsection 
(a) of section 7421 of title 38, this section shall apply to an employee 
described in subsection (b) of that section.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of sections for subchapter II of chapter 63 of title 5, United 
States Code, is amended by inserting after the item relating 
to section 6329b, as added by this section, the following: 
‘‘6329c. Weather and safety leave.’’. 
SEC. 
1139. 
DIRECT 
HIRING 
FOR 
FEDERAL 
WAGE 
SCHEDULE 
EMPLOYEES. 
The Director of the Office of Personnel Management shall 
permit an agency with delegated examining authority under 
1104(a)(2) of title 5, United States Code, to use direct-hire authority 
under section 3304(a)(3) of such title for a permanent or non- 
permanent position or group of positions in the competitive services 
at GS–15 (or equivalent) and below, or for prevailing rate employees, 
if the Director determines that there is either a severe shortage 
of candidates or a critical hiring need for such positions. 
SEC. 1140. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN 
SEPARATED EMPLOYEE’S OFFICIAL PERSONNEL FILE. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 
States Code, is amended by inserting after section 3321 the fol-
lowing: 
‘‘§ 3322. Voluntary separation before resolution of personnel 
investigation 
‘‘(a) With respect to any employee occupying a position in 
the competitive service or the excepted service who is the subject 
of a personnel investigation and resigns from Government employ-
ment prior to the resolution of such investigation, the head of 
the agency from which such employee so resigns shall, if an adverse 
finding was made with respect to such employee pursuant to such 
investigation, make a permanent notation in the employee’s official 
personnel record file. The head shall make such notation not later 
than 40 days after the date of the resolution of such investigation. 
‘‘(b) Prior to making a permanent notation in an employee’s 
official personnel record file under subsection (a), the head of the 
agency shall— 
‘‘(1) notify the employee in writing within 5 days of the 
resolution of the investigation and provide such employee a 
copy of the adverse finding and any supporting documentation; 
5 USC 3322. 
5 USC 3304 note. 
5 USC 6301 prec. 
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130 STAT. 2471 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) provide the employee with a reasonable time, but not 
less than 30 days, to respond in writing and to furnish affidavits 
and other documentary evidence to show why the adverse 
finding was unfounded (a summary of which shall be included 
in any notation made to the employee’s personnel file under 
subsection (d)); and 
‘‘(3) provide a written decision and the specific reasons 
therefore to the employee at the earliest practicable date. 
‘‘(c) An employee is entitled to appeal the decision of the head 
of the agency to make a permanent notation under subsection 
(a) to the Merit Systems Protection Board under section 7701. 
‘‘(d)(1) If an employee files an appeal with the Merit Systems 
Protection Board pursuant to subsection (c), the agency head shall 
make a notation in the employee’s official personnel record file 
indicating that an appeal disputing the notation is pending not 
later than 2 weeks after the date on which such appeal was filed. 
‘‘(2) If the head of the agency is the prevailing party on appeal, 
not later than 2 weeks after the date that the Board issues the 
appeal decision, the head of the agency shall remove the notation 
made under paragraph (1) from the employee’s official personnel 
record file. 
‘‘(3) If the employee is the prevailing party on appeal, not 
later than 2 weeks after the date that the Board issues the appeal 
decision, the head of the agency shall remove the notation made 
under paragraph (1) and the notation of an adverse finding made 
under subsection (a) from the employee’s official personnel record 
file. 
‘‘(e) In this section, the term ‘personnel investigation’ includes— 
‘‘(1) an investigation by an Inspector General; and 
‘‘(2) an adverse personnel action as a result of performance, 
misconduct, or for such cause as will promote the efficiency 
of the service under chapter 43 or chapter 75.’’. 
(b) APPLICATION.—The amendment made by subsection (a) shall 
apply to any employee described in section 3322 of title 5, United 
States Code, (as added by such subsection) who leaves the service 
after the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of sections of subchapter 
I of chapter 33 of title 5, United States Code, is amended by 
inserting after the item relating to section 3321 the following: 
‘‘3322. Voluntary separation before resolution of personnel investigation.’’. 
TITLE XII—MATTERS RELATING TO 
FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. One-year extension of logistical support for coalition forces supporting 
certain United States military operations. 
Sec. 1202. Special Defense Acquisition Fund matters. 
Sec. 1203. Codification of authority for support of special operations to combat ter-
rorism. 
Sec. 1204. Independent evaluation of strategic framework for Department of De-
fense security cooperation. 
Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation 
framework for security cooperation. 
Subtitle B—Matters Relating to Afghanistan and Pakistan 
Sec. 1211. Extension and modification of Commanders’ Emergency Response Pro-
gram. 
5 USC 3301 prec. 
5 USC 3322 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1212. Extension of authority to acquire products and services produced in 
countries along a major route of supply to Afghanistan. 
Sec. 1213. Extension and modification of authority to transfer defense articles and 
provide defense services to the military and security forces of Afghani-
stan. 
Sec. 1214. Special immigrant status for certain Afghans. 
Sec. 1215. Modification to semiannual report on enhancing security and stability in 
Afghanistan. 
Sec. 1216. Prohibition on use of funds for certain programs and projects of the De-
partment of Defense in Afghanistan that cannot be safely accessed by 
United States Government personnel. 
Sec. 1217. Improvement of oversight of United States Government efforts in Af-
ghanistan. 
Sec. 1218. Extension and modification of authority for reimbursement of certain co-
alition nations for support provided to United States military oper-
ations. 
Subtitle C—Matters Relating to Syria, Iraq, and Iran 
Sec. 1221. Modification and extension of authority to provide assistance to the vet-
ted Syrian opposition. 
Sec. 1222. Modification and extension of authority to provide assistance to counter 
the Islamic State of Iraq and the Levant. 
Sec. 1223. Extension and modification of authority to support operations and activi-
ties of the Office of Security Cooperation in Iraq. 
Sec. 1224. Limitation on provision of man-portable air defense systems to the vet-
ted Syrian opposition during fiscal year 2017. 
Sec. 1225. Modification of annual report on military power of Iran. 
Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran. 
Subtitle D—Matters Relating to the Russian Federation 
Sec. 1231. Military response options to Russian Federation violation of INF Treaty. 
Sec. 1232. Limitation on military cooperation between the United States and the 
Russian Federation. 
Sec. 1233. Extension and modification of authority on training for Eastern Euro-
pean national military forces in the course of multilateral exercises. 
Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian 
Federation over Crimea. 
Sec. 1235. Annual report on military and security developments involving the Rus-
sian Federation. 
Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any im-
plementing decision of the Open Skies Consultative Commission and re-
lated requirements. 
Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative. 
Sec. 1238. Reports on INF Treaty and Open Skies Treaty. 
Subtitle E—Reform of Department of Defense Security Cooperation 
Sec. 1241. Enactment of new chapter for defense security cooperation. 
Sec. 1242. Military-to-military exchanges. 
Sec. 1243. Consolidation and revision of authorities for payment of personnel ex-
penses necessary for theater security cooperation. 
Sec. 1244. Transfer and revision of certain authorities on payment of expenses of 
training and exercises with friendly foreign forces. 
Sec. 1245. Transfer and revision of authority to provide operational support to 
forces of friendly foreign countries. 
Sec. 1246. Department of Defense State Partnership Program. 
Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellow-
ship Program. 
Sec. 1248. Consolidation of authorities for service academy international engage-
ment. 
Sec. 1249. Consolidated annual budget for security cooperation programs and ac-
tivities of the Department of Defense. 
Sec. 1250. Department of Defense security cooperation workforce development. 
Sec. 1251. Reporting requirements. 
Sec. 1252. Quadrennial review of security sector assistance programs and authori-
ties of the United States Government. 
Sec. 1253. Other conforming amendments and authority for administration. 
Subtitle F—Human Rights Sanctions 
Sec. 1261. Short title. 
Sec. 1262. Definitions. 
Sec. 1263. Authorization of imposition of sanctions. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1264. Reports to Congress. 
Sec. 1265. Sunset. 
Subtitle G—Miscellaneous Reports 
Sec. 1271. Modification of annual report on military and security developments in-
volving the People’s Republic of China. 
Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic 
aid programs of the Department of Defense. 
Sec. 1273. Strategy for United States defense interests in Africa. 
Sec. 1274. Report on the potential for cooperation between the United States and 
Israel on directed energy capabilities. 
Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report. 
Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems. 
Subtitle H—Other Matters 
Sec. 1281. Enhancement of interagency support during contingency operations and 
transition periods. 
Sec. 1282. Two-year extension and modification of authorization of non-conven-
tional assisted recovery capabilities. 
Sec. 1283. Authority to destroy certain specified World War II-era United States- 
origin chemical munitions located on San Jose Island, Republic of Pan-
ama. 
Sec. 1284. Sense of Congress on military exchanges between the United States and 
Taiwan. 
Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty. 
Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the par-
ticipation of Cuba in certain joint or multilateral exercises. 
Sec. 1287. Global Engagement Center. 
Sec. 1288. Modification of United States International Broadcasting Act of 1994. 
Sec. 1289. Redesignation of South China Sea Initiative. 
Sec. 1290. Measures against persons involved in activities that violate arms control 
treaties or agreements with the United States. 
Sec. 1291. Agreements with foreign governments to develop land-based water re-
sources in support of and in preparation for contingency operations. 
Sec. 1292. Enhancing defense and security cooperation with India. 
Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saha-
ran African countries. 
Sec. 1294. Extension and expansion of authority to support border security oper-
ations of certain foreign countries. 
Sec. 1295. Modification and clarification of United States-Israel anti-tunnel co-
operation authority. 
Sec. 1296. Maintenance of prohibition on procurement by Department of Defense of 
People’s Republic of China-origin items that meet the definition of goods 
and services controlled as munitions items when moved to the ‘‘600 se-
ries’’ of the Commerce Control List. 
Sec. 1297. International sales process improvements. 
Sec. 1298. Efforts to end modern slavery. 
Subtitle A—Assistance and Training 
SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALI-
TION FORCES SUPPORTING CERTAIN UNITED STATES 
MILITARY OPERATIONS. 
Section 1234 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394), as most 
recently amended by section 1201 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1035), is further amended— 
(1) in subsection (a), by striking ‘‘fiscal year 2016’’ and 
inserting ‘‘fiscal year 2017’’; 
(2) in subsection (d), by striking ‘‘during the period begin-
ning on October 1, 2015, and ending on December 31, 2016’’ 
and inserting ‘‘during the period beginning on October 1, 2016, 
and ending on December 31, 2017’’; and 
(3) in subsection (e)(1), by striking ‘‘December 31, 2016’’ 
and inserting ‘‘December 31, 2017’’. 
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130 STAT. 2474 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1202. SPECIAL DEFENSE ACQUISITION FUND MATTERS. 
(a) INCREASE IN SIZE.—Effective as of October 1, 2016, para-
graph (1) of section 114(c) of title 10, United States Code, is 
amended 
by 
striking 
‘‘$1,070,000,000’’ 
and 
inserting 
‘‘$2,500,000,000’’. 
(b) LIMITED AVAILABILITY OF CERTAIN AMOUNTS.—Such section 
is further amended— 
(1) in paragraph (2)(A), by striking ‘‘limitation in paragraph 
(1)’’ and inserting ‘‘limitations in paragraphs (1) and (3)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) Of the amount available in the Special Defense Acquisition 
Fund in any fiscal year after fiscal year 2016, $500,000,000 may 
be used in such fiscal year only to procure and stock precision 
guided munitions that may be required by partner and allied forces 
to enhance the effectiveness of current or future contributions of 
such forces to overseas contingency operations conducted or sup-
ported by the United States.’’. 
(c) REPORTS.— 
(1) INITIAL PLAN ON USE OF AUTHORITY.—Before exercising 
authority for use of amounts in the Special Defense Acquisition 
Fund in excess of the size of that Fund as of September 30, 
2016, by reason of the amendments made by this section, 
the Secretary of Defense shall, with the concurrence of the 
Secretary of State, submit to the appropriate committees of 
Congress a report on the plan for the use of such amounts. 
(2) QUARTERLY SPENDING PLAN.—Not later than 30 days 
before the beginning of each fiscal year quarter, the Secretary 
of Defense shall, with the concurrence of the Secretary of State, 
submit to the appropriate committees of Congress a detailed 
plan for the use of amounts in the Special Defense Acquisition 
Fund for such fiscal year quarter. 
(3) ANNUAL UPDATES.—Not later than 90 days after the 
end of each fiscal year, the Secretary of Defense shall, with 
the concurrence of the Secretary of State, submit to the appro-
priate committees of Congress a report setting forth the inven-
tory of defense articles and services acquired, possessed, and 
transferred through the Special Defense Acquisition Fund in 
such fiscal year. 
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 
this subsection, the term ‘‘appropriate committees of Congress’’ 
has the meaning given that term in section 301(1) of title 
10, United States Code (as added by section 1241(a)(3) of this 
Act). 
SEC. 1203. CODIFICATION OF AUTHORITY FOR SUPPORT OF SPECIAL 
OPERATIONS TO COMBAT TERRORISM. 
(a) CODIFICATION OF AUTHORITY.— 
(1) IN GENERAL.—Chapter 3 of title 10, United States Code, 
is amended by inserting before section 128 the following new 
section: 
‘‘§ 127e. Support of special operations to combat terrorism 
‘‘(a) AUTHORITY.—The Secretary of Defense may, with the 
concurrence of the relevant Chief of Mission, expend up to 
$100,000,000 during any fiscal year to provide support to foreign 
forces, irregular forces, groups, or individuals engaged in supporting 
10 USC 127e. 
10 USC 114 note. 
10 USC 114 note. 
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130 STAT. 2475 
PUBLIC LAW 114–328—DEC. 23, 2016 
or facilitating ongoing military operations by United States special 
operations forces to combat terrorism. 
‘‘(b) FUNDS.—Funds for support under this section in a fiscal 
year shall be derived from amounts authorized to be appropriated 
for that fiscal year for the Department of Defense for operation 
and maintenance. 
‘‘(c) PROCEDURES.—The authority in this section shall be exer-
cised in accordance with such procedures as the Secretary shall 
establish for purposes of this section. The Secretary shall notify 
the congressional defense committees of any material modification 
of such procedures. 
‘‘(d) NOTIFICATION.— 
‘‘(1) IN GENERAL.—Not later than 15 days before exercising 
the authority in this section to make funds available to initiate 
support of an approved military operation or changing the 
scope or funding level of any support for such an operation 
by $1,000,000 or an amount equal to 20 percent of such funding 
level (whichever is less), or not later than 48 hours after exer-
cising such authority if the Secretary determines that extraor-
dinary circumstances that impact the national security of the 
United States exist, the Secretary shall notify the congressional 
defense committees of the use of such authority with respect 
to that operation. Any such notification shall be in writing. 
‘‘(2) ELEMENTS.—A notification required by this subsection 
shall include the following: 
‘‘(A) The type of support provided or to be provided 
to United States special operations forces. 
‘‘(B) The type of support provided or to be provided 
to the recipient of the funds. 
‘‘(C) The amount obligated under the authority to pro-
vide support. 
‘‘(e) LIMITATION ON DELEGATION.—The authority of the Sec-
retary to make funds available under this section for support of 
a military operation may not be delegated. 
‘‘(f) INTELLIGENCE ACTIVITIES.—This section does not constitute 
authority to conduct a covert action, as such term is defined in 
section 503(e) of the National Security Act of 1947 (50 U.S.C. 
3093(e)). 
‘‘(g) BIANNUAL REPORTS.— 
‘‘(1) REPORT
ON
PRECEDING
CALENDAR
YEAR.—Not later 
than March 1 each year, the Secretary shall submit to the 
congressional defense committees a report on the support pro-
vided under this section during the preceding calendar year. 
‘‘(2) REPORT ON CURRENT CALENDAR YEAR.—Not later than 
September 1 each year, the Secretary shall submit to the 
congressional defense committees a report on the support pro-
vided under this section during the first half of the calendar 
year in which the report is submitted. 
‘‘(3) ELEMENTS.—Each report required by this subsection 
shall include, for the period covered by such report, the fol-
lowing: 
‘‘(A) A summary of the ongoing military operations 
by United States special operations forces to combat ter-
rorism that were supported or facilitated by foreign forces, 
irregular forces, groups, or individuals for which support 
was provided under this section. 
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130 STAT. 2476 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) A description of the support or facilitation provided 
by such foreign forces, irregular forces, groups, or individ-
uals to United States special operations forces. 
‘‘(C) The type of recipients that were provided support 
under this section, identified by authorized category (for-
eign forces, irregular forces, groups, or individuals). 
‘‘(D) The total amount obligated for support under this 
section, including budget details. 
‘‘(E) The total amount obligated in prior fiscal years 
under this section and applicable preceding authority. 
‘‘(F) The intended duration of support provided under 
this section. 
‘‘(G) A description of the support or training provided 
to the recipients of support under this section. 
‘‘(H) A value assessment of the support provided under 
this section, including a summary of significant activities 
undertaken by foreign forces, irregular forces, groups, or 
individuals to support operations by United States special 
operations forces to combat terrorism.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 3 of such title is amended by inserting 
before the item relating to section 128 the following new item: 
‘‘127e. Support of special operations to combat terrorism.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1208 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375) is repealed. 
SEC. 1204. INDEPENDENT EVALUATION OF STRATEGIC FRAMEWORK 
FOR DEPARTMENT OF DEFENSE SECURITY COOPERA-
TION. 
(a) EVALUATION REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall enter into 
an agreement with a federally funded research and development 
center, or another appropriate independent entity, with exper-
tise in security cooperation to conduct an evaluation of the 
implementation of the strategic framework for Department of 
Defense security cooperation, as directed by section 1202 of 
the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1036; 10 U.S.C. 113 note). 
(2) ELEMENTS.—The evaluation under paragraph (1) shall 
include the following: 
(A) An evaluation of the Department of Defense’s 
implementation of each of the required elements of the 
strategic framework. 
(B) An evaluation of the impact of the strategic frame-
work on Department of Defense security cooperation activi-
ties, including the extent to which such activities are being 
planned, prioritized, and executed in accordance with the 
strategic framework. 
(C) Recommendations of areas in which additional 
guidance, or additional specificity within existing guidance, 
is necessary to achieve greater alignment between Depart-
ment of Defense security cooperation activities and the 
strategic goals and priorities identified within the strategic 
framework. 
10 USC 121 prec. 
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130 STAT. 2477 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) Any other matters the entity that conducts the 
evaluation considers appropriate. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than November 1, 2018, the 
Secretary of Defense shall submit to the congressional defense 
committees, the Committee on Foreign Relations of the Senate, 
and the Committee on Foreign Affairs of the House of Rep-
resentatives a report that includes the evaluation under sub-
section (a) and any other matters the Secretary considers appro-
priate. 
(2) FORM.—The report required under paragraph (1) shall 
be submitted in unclassified form, but may include a classified 
annex. 
SEC. 1205. SENSE OF CONGRESS REGARDING AN ASSESSMENT, MONI-
TORING, AND EVALUATION FRAMEWORK FOR SECURITY 
COOPERATION. 
It is the sense of Congress that— 
(1) the Secretary of Defense should develop and maintain 
an assessment, monitoring, and evaluation framework for secu-
rity cooperation with foreign countries to ensure accountability 
and foster implementation of best practices; and 
(2) such framework— 
(A) should be consistent with interagency approaches 
and existing best practices; 
(B) should be sufficiently resourced and appropriately 
placed within the Department of Defense to enable the 
rigorous examination and measurement of security coopera-
tion efforts towards meeting stated objectives and out-
comes; and 
(C) should be used to inform security cooperation plan-
ning, policies, and resource decisions as well as ensure 
the effectiveness and efficiency of security cooperation 
efforts. 
Subtitle B—Matters Relating to 
Afghanistan and Pakistan 
SEC. 1211. EXTENSION AND MODIFICATION OF COMMANDERS’ EMER-
GENCY RESPONSE PROGRAM. 
(a) EXTENSION.—Section 1201 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1619), as most recently amended by section 1211 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1042), is further amended— 
(1) in subsection (a)— 
(A) by striking ‘‘During fiscal year 2016’’ and inserting 
‘‘During the period beginning on October 1, 2016, and 
ending on December 31, 2018’’; and 
(B) by striking ‘‘in such fiscal year’’ and inserting ‘‘in 
such period’’; 
(2) in subsection (b), by striking ‘‘fiscal year 2016’’ and 
inserting ‘‘fiscal year 2017 and fiscal year 2018’’; and 
(3) in subsection (f), by striking ‘‘in fiscal year 2016’’ and 
inserting ‘‘during the period beginning on October 1, 2016, 
and ending on December 31, 2018’’. 
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130 STAT. 2478 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY 
AND LOSS IN AFGHANISTAN, IRAQ, AND SYRIA.— 
(1) IN GENERAL.—During the period beginning on October 
1, 2016, and ending on December 31, 2018, amounts available 
pursuant to section 1201 of the National Defense Authorization 
Act for Fiscal Year 2012, as amended by this section, shall 
also be available for ex gratia payments for damage, personal 
injury, or death that is incident to combat operations of the 
Armed Forces in Afghanistan, Iraq, or Syria. 
(2) NOTICE.—The Secretary of Defense shall, upon each 
exercise of the authority in this subsection, submit to the 
congressional defense committees a report setting forth the 
following: 
(A) The amount that will be used for payments pursu-
ant to this subsection. 
(B) The manner in which claims for payments shall 
be verified. 
(C) The officers or officials who shall be authorized 
to approve claims for payments. 
(D) The manner in which payments shall be made. 
(3) AUTHORITIES APPLICABLE TO PAYMENT.—Any payment 
made pursuant to this subsection shall be made in accordance 
with the authorities and limitations in section 8121 of the 
Department of Defense Appropriations Act, 2015 (division C 
of Public Law 113–235), other than subsection (h) of such 
section. 
(4) CONSTRUCTION WITH RESTRICTION ON AMOUNT OF PAY-
MENTS.—For purposes of the application of subsection (e) of 
such section 1201, as so amended, to any payment pursuant 
to this subsection, such payment shall be deemed to be a 
project described by such subsection (e). 
SEC. 1212. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND 
SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR 
ROUTE OF SUPPLY TO AFGHANISTAN. 
Section 801(f) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most 
recently amended by section 1214 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1045), is further amended by striking ‘‘December 31, 2016’’ 
and inserting ‘‘December 31, 2018’’. 
SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO 
TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE 
SERVICES TO THE MILITARY AND SECURITY FORCES OF 
AFGHANISTAN. 
(a) EXPIRATION.—Subsection (h) of section 1222 of the National 
Defense Authorization Act for Fiscal Year 2013 (Public Law 112– 
239; 126 Stat. 1992), as most recently amended by section 1215 
of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1045), is further amended by striking 
‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. 
(b) CONVERSION
OF
QUARTERLY
REPORTS
INTO
ANNUAL 
REPORTS.—Effective on January 1, 2017, subsection (f) of such 
section 1222, as so amended, is further amended— 
(1) in the subsection heading, by striking ‘‘QUARTERLY’’ 
and inserting ‘‘ANNUAL’’; and 
(2) in paragraph (1)— 
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130 STAT. 2479 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) by striking ‘‘Not later than 90 days’’ and all that 
follows through ‘‘in which the authority in subsection (a) 
is exercised’’ and inserting ‘‘Not later than March 31 of 
any year following a year in which the authority in sub-
section (a) is exercised’’; and 
(B) by striking ‘‘during the 90-day period ending on 
the date of such report’’ and inserting ‘‘during the preceding 
year’’. 
(c) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of such section 
1222, as so amended, is further amended by striking ‘‘During fiscal 
years 2013, 2014, 2015, and 2016’’ each place it appears and 
inserting ‘‘Through December 31, 2017,’’. 
SEC. 1214. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS. 
(a) ALIENS DESCRIBED.—Section 602(b)(2)(A)(ii)(I) of the Afghan 
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(I)(aa) by, or on behalf of, the United States 
Government, in the case of an alien submitting 
an application for Chief of Mission approval pursu-
ant to subparagraph (D) before the date of the 
enactment of the National Defense Authorization 
Act for Fiscal Year 2017; or 
‘‘(bb) by, or on behalf of, the United States 
Government, in the case of an alien submitting 
an application for Chief of Mission approval pursu-
ant to subparagraph (D) on or after the date of 
the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2017, which employment 
required the alien— 
‘‘(AA) to serve as an interpreter or trans-
lator for personnel of the Department of State 
or the United States Agency for International 
Development 
in 
Afghanistan, 
particularly 
while traveling away from United States 
embassies or consulates with such personnel; 
‘‘(BB) to serve as an interpreter or trans-
lator for United States military personnel in 
Afghanistan, particularly while traveling off- 
base with such personnel; or 
‘‘(CC) to perform sensitive and trusted 
activities for the United States Government 
in Afghanistan; or’’. 
(b) NUMERICAL LIMITATIONS.—Section 602(b)(3)(F) of such Act 
is amended— 
(1) in the matter preceding clause (i), by striking ‘‘7,000’’ 
and inserting ‘‘8,500’’; and 
(2) in each of clauses (i) and (ii), by striking ‘‘December 
31, 2016;’’ and inserting ‘‘December 31, 2020’’. 
(c) REPORT.—Section 602(b)(14) of such Act is amended— 
(1) by striking ‘‘Not later than 60 days after the date 
of the enactment of this paragraph,’’ and inserting ‘‘Not later 
than December 31, 2016, and annually thereafter through 
January 31, 2021,’’; and 
(2) in subparagraph (A)(i), by striking ‘‘under this section;’’ 
and inserting ‘‘under subclause (I) or (II)(bb) of paragraph 
(2)(A)(ii);’’. 
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130 STAT. 2480 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1215. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING 
SECURITY AND STABILITY IN AFGHANISTAN. 
(a) REPORTS REQUIRED.—Subsection (a)(2) of section 1225 of 
the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 
Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 
Stat. 3550) is amended by striking ‘‘December 15, 2017’’ and 
inserting ‘‘December 15, 2019’’. 
(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section 
is amended by adding at the end the following: 
‘‘(8) AFGHAN PERSONNEL AND PAY SYSTEM.—A description 
of the status of the implementation of the Afghan Personnel 
and Pay System (APPS) at the Afghan Ministry of Interior 
and the Afghan Ministry of Defense for personnel funds pro-
vided through the Afghanistan Security Forces Fund, including, 
with respect to each such Ministry— 
‘‘(A) the expected completion date for full implementa-
tion of the APPS; 
‘‘(B) the extent to which the APPS is being utilized; 
‘‘(C) an explanation of any challenges or delays 
affecting full implementation of the APPS; 
‘‘(D) a description of the steps taken to mitigate fraud, 
waste, and abuse in the disbursement of personnel funds 
prior to full implementation of the APPS; and 
‘‘(E) an estimate of cost savings by reason of full 
implementation of the APPS.’’. 
SEC. 1216. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS 
AND PROJECTS OF THE DEPARTMENT OF DEFENSE IN 
AFGHANISTAN THAT CANNOT BE SAFELY ACCESSED BY 
UNITED STATES GOVERNMENT PERSONNEL. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Amounts available to the Department 
of Defense may not be obligated or expended for a construction 
or other infrastructure program or project of the Department 
in Afghanistan if military or civilian personnel of the United 
States Government or their representatives with authority to 
conduct oversight of such program or project cannot safely 
access such program or project. 
(2) APPLICABILITY.—Paragraph (1) shall apply only with 
respect to a program or project that is initiated on or after 
the date of the enactment of this Act. 
(b) WAIVER.— 
(1) IN GENERAL.—The prohibition in subsection (a) may 
be waived with respect to a program or project otherwise cov-
ered by that subsection if a determination described in para-
graph (2) is made as follows: 
(A) In the case of a program or project with an esti-
mated lifecycle cost of less than $1,000,000, by the con-
tracting officer assigned to oversee the program or project. 
(B) In the case of a program or project with an esti-
mated lifecycle cost of $1,000,000 or more, but less than 
$20,000,000, by the Commander of the Combined Security 
Transition Command-Afghanistan. 
(C) In the case of a program or project with an esti-
mated lifecycle cost of $20,000,000 or more, but less than 
$40,000,000, by the Commander of United States Forces- 
Afghanistan. 
10 USC 2241 
note. 
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130 STAT. 2481 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) In the case of a program or project with an esti-
mated lifecycle cost of $40,000,000 or more, by the Sec-
retary of Defense. 
(2) DETERMINATION.—A determination described in this 
paragraph with respect to a program or project is a determina-
tion of each of the following: 
(A) That the program or project clearly contributes 
to United States national interests or strategic objectives. 
(B) That the Government of Afghanistan has requested 
or expressed a need for the program or project. 
(C) That the program or project has been coordinated 
with the Government of Afghanistan, and with any other 
implementing agencies or international donors. 
(D) 
That 
security 
conditions 
permit 
effective 
implementation and oversight of the program or project. 
(E) That the program or project includes safeguards 
to detect, deter, and mitigate corruption and waste, fraud, 
and abuse of funds. 
(F) That adequate arrangements have been made for 
the sustainment of the program or project following its 
completion, including arrangements with respect to funding 
and technical capacity for sustainment. 
(G) That meaningful metrics have been established 
to measure the progress and effectiveness of the program 
or project in meeting its objectives. 
(3) NOTICE ON CERTAIN WAIVERS.—In the event a waiver 
is issued under paragraph (1) for a program or project described 
in subparagraph (D) of that paragraph, the Secretary of Defense 
shall notify Congress of the waiver not later than 15 days 
after the issuance of the waiver. 
SEC. 1217. IMPROVEMENT OF OVERSIGHT OF UNITED STATES GOVERN-
MENT EFFORTS IN AFGHANISTAN. 
(a) REPORT
ON IG OVERSIGHT ACTIVITIES
IN AFGHANISTAN 
DURING FISCAL YEAR 2017.—Not later than 60 days after the date 
of the enactment of this Act, the Lead Inspector General for Oper-
ation Freedom’s Sentinel, as designated pursuant to section 8L 
of the Inspector General Act of 1978 (5 U.S.C. App.), shall, in 
coordination with the Inspector General of the Department of State, 
the Inspector General of the United States Agency for International 
Development, and the Special Inspector General for Afghanistan 
Reconstruction, submit to the appropriate committees of Congress 
a report on the oversight activities of United States Inspectors 
General in Afghanistan planned for fiscal year 2017. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the requirements, responsibilities, and 
focus areas of each Inspector General of the United States 
planning to conduct oversight activities in Afghanistan during 
fiscal year 2017. 
(2) A comprehensive list of the funding to be used for 
the oversight activities described in paragraph (1). 
(3) A list of the oversight activities and products anticipated 
to be produced by each Inspector General of the United States 
in connection with oversight activities in Afghanistan during 
fiscal year 2017. 
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130 STAT. 2482 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) An identification of any anticipated overlap among the 
planned oversight activities of Inspectors General of the United 
States in Afghanistan during fiscal year 2017, and a justifica-
tion for such overlap. 
(5) A description of the processes by which the Inspectors 
General 
of 
the 
United 
States 
coordinate 
and 
reduce 
redundancies in requests for information to United States 
Government officials executing funds in Afghanistan. 
(6) A description of the specific professional standards 
expected to be used to ensure the quality of different types 
of products issued by the Inspectors General regarding Afghani-
stan, including periodic reports to Congress and audits of Fed-
eral establishments, organizations, programs, activities, and 
functions. 
(7) Any other matters the Lead Inspector General for Oper-
ation Freedom’s Sentinel considers appropriate. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, the Committee on Homeland Security and 
Governmental Affairs, and the Committee Appropriations of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, the Committee on Homeland Security, and 
the Committee Appropriations of the House of Representatives. 
SEC. 1218. EXTENSION AND MODIFICATION OF AUTHORITY FOR 
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 
SUPPORT PROVIDED TO UNITED STATES MILITARY OPER-
ATIONS. 
(a) EXTENSION.—Subsection (a) of section 1233 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 393), as most recently amended by section 1212 
of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1043), is further amended by striking 
‘‘fiscal year 2016’’ and inserting ‘‘the period beginning on October 
1, 2016, and ending on December 31, 2017,’’. 
(b) MODIFICATION
OF
AUTHORITIES.—Such section, as so 
amended, is further amended— 
(1) in subsection (a), by striking ‘‘the Secretary of Defense 
may reimburse any key cooperating nation’’ and all that follows 
and inserting ‘‘the Secretary of Defense may reimburse— 
‘‘(1) any key cooperating nation (other than Pakistan) for— 
‘‘(A) logistical and military support provided by that 
nation to or in connection with United States military 
operations in Afghanistan, Iraq, or Syria; and 
‘‘(B) logistical, military, and other support, including 
access, provided by that nation to or in connection with 
United States military operations described in subpara-
graph (A); and 
‘‘(2) Pakistan for certain activities meant to enhance the 
security situation in the Afghanistan-Pakistan border region 
and for counterterrorism.’’; and 
(2) in subsection (b), by striking ‘‘in Iraq or in Operation 
Enduring Freedom in Afghanistan’’ and inserting ‘‘in Afghani-
stan, Iraq, or Syria’’. 
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130 STAT. 2483 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) LIMITATION ON AMOUNTS AVAILABLE.—Subsection (d)(1) of 
such section, as so amended, is further amended— 
(1) in the second sentence, by striking ‘‘during fiscal year 
2016 may not exceed $1,160,000,000’’ and inserting ‘‘during 
the period beginning on October 1, 2016, and ending on 
December 31, 2017, may not exceed $1,100,000,000’’; 
(2) in the third sentence, by striking ‘‘fiscal year 2016’’ 
and inserting ‘‘the period beginning on October 1, 2016, and 
ending on December 31, 2017,’’; and 
(3) by striking the first sentence. 
(d) REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCEMENT 
ACTIVITIES.—Such section, as so amended, is further amended— 
(1) by redesignating subsections (e), (f), and (g) as sub-
sections (f), (g), and (h), respectively; and 
(2) by inserting after subsection (d) the following: 
‘‘(e) REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCEMENT 
ACTIVITIES.— 
‘‘(1) ACTIVITIES.—Reimbursement authorized by subsection 
(a)(2) may be provided for activities as follows: 
‘‘(A) Counterterrorism activities, including the fol-
lowing: 
‘‘(i) Eliminating infrastructure, training areas, and 
sanctuaries used by terrorist groups, and preventing 
the establishment of new or additional infrastructure, 
training areas, and sanctuaries. 
‘‘(ii) Direct action against individuals that are 
involved in or supporting terrorist activities. 
‘‘(iii) Any other activity recognized by the Secretary 
of Defense as a counterterrorism activity for purposes 
of subsection (a)(2). 
‘‘(B) Border security activities along the Afghanistan- 
Pakistan border, including the following: 
‘‘(i) Building and maintaining border outposts. 
‘‘(ii) Strengthening cooperative efforts between the 
Pakistan military and the Afghan National Defense 
and Security Forces, including border security coopera-
tion. 
‘‘(iii) Maintaining access to and securing key 
ground lines of communication. 
‘‘(iv) Providing training and equipment for the 
Pakistan Frontier Corps Khyber Pakhtunkhwa. 
‘‘(v) Improving interoperability between the Paki-
stan military and the Pakistan Frontier Corps Khyber 
Pakhtunkhwa. 
‘‘(C) Any activities carried out by the Pakistan military 
that the Secretary of Defense determines and reports to 
the appropriate congressional committees have enhanced 
the security of United States personnel stationed in 
Afghanistan or enhanced the effectiveness of United States 
military personnel in conducting counterterrorism oper-
ations and training, advising, and assisting the Afghan 
National Defense and Security Forces. 
‘‘(2) REPORT.—Not later than December 31, 2017, the Sec-
retary of Defense shall submit to the appropriate congressional 
committees a report on the expenditure of funds under the 
authority in subsection (a)(2), including a description of the 
following: 
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130 STAT. 2484 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) The purpose for which such funds were expended. 
‘‘(B) Each organization on whose behalf such funds 
were expended, including the amount expended on such 
organization and the number of members of such organiza-
tion supported by such amount. 
‘‘(C) Any limitation imposed on the expenditure of 
funds under subsection (a)(2), including on any recipient 
of funds or any use of funds expended. 
‘‘(3) INFORMATION
ON
CLAIMS
DISALLOWED
OR
DEFERRED 
BY THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of Defense shall 
submit to the appropriate congressional committees, in the 
manner specified in subparagraph (B), an itemized descrip-
tion of the costs claimed by the Government of Pakistan 
for activities specified in paragraph (1) provided by Govern-
ment of Pakistan to the United States for which the United 
States will disallow or defer reimbursement to the Govern-
ment of Pakistan under the authority in subsection (a)(2). 
‘‘(B) MANNER OF SUBMITTAL.— 
‘‘(i) IN GENERAL.—To the maximum extent prac-
ticable, the Secretary shall submit each itemized 
description of costs required by subparagraph (A) not 
later than 180 days after the date on which a decision 
to disallow or defer reimbursement for the costs 
claimed is made. 
‘‘(ii) FORM.—Each itemized description of costs 
under clause (i) shall be submitted in an unclassified 
form, but may include a classified annex.’’. 
(e) 
EXTENSION
OF
NOTICE
REQUIREMENT
RELATING
TO 
REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKI-
STAN.—Section 1232(b)(6) of the National Defense Authorization 
Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended 
by section 1212(c) of the National Defense Authorization Act for 
Fiscal Year 2016 (129 Stat. 1043), is further amended by striking 
‘‘September 30, 2016’’ and inserting ‘‘December 31, 2017’’. 
(f) EXTENSION OF LIMITATION ON REIMBURSEMENT OF PAKISTAN 
PENDING CERTIFICATION ON PAKISTAN.—Section 1227(d)(1) of the 
National Defense Authorization Act for Fiscal Year 2013 (Public 
Law 112–239; 126 Stat. 2001), as most recently amended by section 
1212(d) of the National Defense Authorization Act for Fiscal Year 
2016 (129 Stat. 1043), is further amended by striking ‘‘for fiscal 
year 2016 or any prior fiscal year’’ and inserting ‘‘for any period 
prior to December 31, 2017’’. 
(g) ADDITIONAL LIMITATION ON REIMBURSEMENT OF PAKISTAN 
PENDING CERTIFICATION
ON PAKISTAN.—Of the total amount of 
reimbursements and support authorized for Pakistan during the 
period beginning on October 1, 2016, and ending on December 
31, 2017, pursuant to the third sentence of section 1233(d)(1) of 
the National Defense Authorization Act for Fiscal Year 2008 (as 
amended by subsection (b)(2)), $400,000,000 shall not be eligible 
for the waiver under section 1227(d)(2) of the National Defense 
Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless 
the Secretary of Defense certifies to the congressional defense 
committees that— 
(1) Pakistan continues to conduct military operations that 
are contributing to significantly disrupting the safe haven and 
freedom of movement of the Haqqani Network in Pakistan; 
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130 STAT. 2485 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) Pakistan has taken steps to demonstrate its commit-
ment to prevent the Haqqani Network from using any Pakistani 
territory as a safe haven; 
(3) the Government of Pakistan actively coordinates with 
the Government of Afghanistan to restrict the movement of 
militants, such as the Haqqani Network, along the Afghanistan- 
Pakistan border; and 
(4) Pakistan has shown progress in arresting and pros-
ecuting Haqqani Network senior leaders and mid-level 
operatives. 
Subtitle C—Matters Relating to Syria, Iraq, 
and Iran 
SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY TO PRO-
VIDE ASSISTANCE TO THE VETTED SYRIAN OPPOSITION. 
(a) IN GENERAL.—Subsection (a) of section 1209 of the Carl 
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) 
is amended by striking ‘‘December 31, 2016’’ and inserting 
‘‘December 31, 2018’’. 
(b) REPROGRAMMING REQUIREMENT.—Subsection (f) of such sec-
tion, as amended by section 1225(e) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1055), is further amended in paragraph (1) by striking 
‘‘December 31, 2016’’ and inserting ‘‘December 31, 2018’’. 
SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PRO-
VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF 
IRAQ AND THE LEVANT. 
(a) AUTHORITY.—Subsection (a) of section 1236 of the Carl 
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) 
is amended by striking ‘‘December 31, 2016’’ and inserting 
‘‘December 31, 2018’’. 
(b) FUNDING.—Subsection (g) of such section, as amended by 
section 1223 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 1049), is further 
amended— 
(1) by striking the first sentence and inserting the fol-
lowing: ‘‘Of the amounts authorized to be appropriated in the 
National Defense Authorization Act for Fiscal Year 2017 for 
Overseas Contingency Operations in title XV for fiscal year 
2017, there are authorized to be appropriated $630,000,000 
to carry out this section.’’; and 
(2) by striking the second sentence. 
(c) ADDITIONAL ASSESSMENT ON CERTAIN ACTIONS BY GOVERN-
MENT OF IRAQ.—Subsection (l) of such section, as added by section 
1223(e) of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 1050), is amended in paragraph 
(1)(A) by striking ‘‘National Defense Authorization Act for Fiscal 
Year 2016’’ and inserting ‘‘National Defense Authorization Act for 
Fiscal Year 2017, and annually thereafter’’. 
(d) PROHIBITION ON ASSISTANCE AND REPORT ON EQUIPMENT 
OR SUPPLIES TRANSFERRED TO OR ACQUIRED BY VIOLENT EXTREMIST 
ORGANIZATIONS.—Subsection (f) of section 1223 of the National 
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130 STAT. 2486 
PUBLIC LAW 114–328—DEC. 23, 2016 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1050) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘, as so amended,’’; and 
(B) by inserting ‘‘(and annually thereafter until 
December 31, 2018)’’ after ‘‘certifies to the appropriate 
congressional committees, after the date of the enactment 
of this Act’’; and 
(2) in paragraph (2), by striking ‘‘, as so amended,’’. 
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUP-
PORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF 
SECURITY COOPERATION IN IRAQ. 
(a) EXTENSION OF AUTHORITY.—Subsection (f)(1) of section 1215 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note), as most 
recently amended by section 1221 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1047), is further amended by striking ‘‘fiscal year 2016’’ and 
inserting ‘‘fiscal year 2017’’. 
(b) LIMITATION
ON AMOUNT.—Subsection (c) of such section 
is amended— 
(1) by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 
2017’’; and 
(2) by striking ‘‘$80,000,000’’ and inserting ‘‘$70,000,000’’. 
(c) SOURCE
OF FUNDS.—Subsection (d) of such section is 
amended by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 
2017’’. 
SEC. 1224. LIMITATION ON PROVISION OF MAN-PORTABLE AIR 
DEFENSE SYSTEMS TO THE VETTED SYRIAN OPPOSITION 
DURING FISCAL YEAR 2017. 
(a) NOTICE AND WAIT.—If a determination is made during fiscal 
year 2017 to use funds available to the Department of Defense 
for that fiscal year to provide man-portable air defense systems 
(MANPADs) to the vetted Syrian opposition pursuant to the 
authority in section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113–291; 128 Stat. 3541), such funds may not be 
used for that purpose until— 
(1) the Secretary of Defense and the Secretary of State 
jointly submit to the appropriate congressional committees a 
report on the determination; and 
(2) 30 days elapses after the date of the submittal of 
such report to the appropriate congressional committees. 
(b) ELEMENTS.—The report under subsection (a) shall set forth 
the following: 
(1) A description of each element of the vetted Syrian 
opposition that will provided man-portable air defense systems 
as described in subsection (a), including— 
(A) the geographic location of such element; 
(B) a detailed intelligence assessment of such element; 
(C) a description of the alignment of such element 
within the broader conflict in Syria; and 
(D) a description and assessment of the assurance, 
if any, received by the commander of such element in 
connection with the provision of man-portable air defense 
systems. 
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130 STAT. 2487 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) The number and type of man-portable air defense sys-
tems to be so provided. 
(3) The logistics plan for providing and resupplying each 
element to be so provided man-portable air defense systems 
with additional man-portable air defense systems. 
(4) The duration of support to be provided in connection 
with the provision of man-portable air defense systems. 
(5) The justification for the provision of man-portable air 
defense systems to each element of the vetted Syrian opposition, 
including an explanation of the purpose and expected employ-
ment of such systems. 
(6) Any other matters that the Secretary of Defense and 
the Secretary of State jointly consider appropriate. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ has 
the meaning given that term in section 1209(e)(2) of the Carl 
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015. 
SEC. 1225. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER 
OF IRAN. 
(a) IN GENERAL.—Section 1245(b)(3) of the National Defense 
Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is 
amended by striking subparagraph (F) and inserting the following 
new subparagraph (F): 
‘‘(F) Iran’s cyber capabilities, including— 
‘‘(i) Iran’s ability to use proxies and other actors 
to mask its cyber operations; 
‘‘(ii) Iran’s ability to target United States govern-
mental and nongovernmental entities and activities; 
and 
‘‘(iii) cooperation with or assistance from state and 
non-state actors in support or enhancement of Iran’s 
cyber capabilities;’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2018, and shall apply with respect 
to reports required to be submitted under section 1245 of the 
National Defense Authorization Act for Fiscal Year 2010 on or 
after that date. 
SEC. 1226. QUARTERLY REPORT ON CONFIRMED BALLISTIC MISSILE 
LAUNCHES FROM IRAN. 
(a) QUARTERLY REPORT ON CONFIRMED LAUNCHES.—Not later 
than the last day of the first fiscal year quarter beginning after 
the date of the enactment of this Act, and every 90 days thereafter, 
the Director of National Intelligence shall submit to the appropriate 
committees of Congress a report describing any confirmed ballistic 
missile launch by Iran during the previous calendar quarter. 
(b) QUARTERLY
REPORT
ON
IMPOSITION
OF
SANCTIONS
IN 
CONNECTION WITH LAUNCHES.—Not later than the last day of the 
second fiscal year quarter beginning after the date of the enactment 
of this Act, and every 90 days thereafter, the Secretary of State 
and the Secretary of Treasury shall jointly submit to the appropriate 
committees of Congress a report setting forth a description of the 
following: 
(1) The efforts, if any, to impose unilateral sanctions 
against appropriate entities or individuals in connection with 
a confirmed ballistic missile launch from Iran. 
10 USC 113 note. 
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130 STAT. 2488 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) The diplomatic efforts, if any, to impose multilateral 
sanctions against appropriate entities or individuals in connec-
tion with such a confirmed ballistic missile launch. 
(3) Any other matters the Secretaries consider appropriate. 
(c) CONCURRENT SUBMITTAL
OF QUARTERLY REPORTS.—The 
report on a calendar quarter under subsection (a) shall be submitted 
concurrently with the report on the calendar quarter under sub-
section (b). 
(d) FORM.—Each report under this section shall, to the extent 
practicable, be submitted in unclassified form, but may include 
a classified annex. 
(e) SUNSET.—No report is required under this section after 
December 31, 2019. 
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, the Committee on Banking, Housing, and 
Urban Affairs, and the Select Committee on Intelligence of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, the Committee on Financial Services, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives. 
Subtitle D—Matters Relating to the 
Russian Federation 
SEC. 1231. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION 
VIOLATION OF INF TREATY. 
An amount equal to $10,000,000 of the amount authorized 
to be appropriated or otherwise made available to the Department 
of Defense for fiscal year 2017 to provide support services to the 
Executive Office of the President shall be withheld from obligation 
or expenditure until the Secretary of Defense completes the mean-
ingful development of the military capabilities described in para-
graph (1) of section 1243(d) of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1062), 
as required to be addressed in the plan under that paragraph, 
in accordance with the requirements described in paragraph (3) 
of such section. 
SEC. 1232. LIMITATION ON MILITARY COOPERATION BETWEEN THE 
UNITED STATES AND THE RUSSIAN FEDERATION. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated for fiscal year 2017 for the Department of Defense may 
be used for any bilateral military-to-military cooperation between 
the Governments of the United States and the Russian Federation 
until the Secretary of Defense, in coordination with the Secretary 
of State, certifies to the appropriate congressional committees that— 
(1) the Russian Federation has ceased its occupation of 
Ukrainian territory and its aggressive activities that threaten 
the sovereignty and territorial integrity of Ukraine and mem-
bers of the North Atlantic Treaty Organization; and 
(2) the Russian Federation is abiding by the terms of 
and taking steps in support of the Minsk Protocols regarding 
a ceasefire in eastern Ukraine. 
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130 STAT. 2489 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) NONAPPLICABILITY.—The limitation in subsection (a) shall 
not apply to— 
(1) any activities necessary to ensure the compliance of 
the United States with its obligations or the exercise of rights 
of the United States under any bilateral or multilateral arms 
control or nonproliferation agreement or any other treaty obliga-
tion of the United States; and 
(2) any activities required to provide logistical or other 
support to the conduct of United States or North Atlantic 
Treaty Organization military operations in Afghanistan or the 
withdrawal from Afghanistan. 
(c) WAIVER.—The Secretary of Defense may waive the limitation 
in subsection (a) if the Secretary of Defense, in coordination with 
the Secretary of State— 
(1) determines that the waiver is in the national security 
interest of the United States; and 
(2) submits to the appropriate congressional committees— 
(A) a notification that the waiver is in the national 
security interest of the United States and a description 
of the national security interest covered by the waiver; 
and 
(B) a report explaining why the Secretary of Defense 
cannot make the certification under subsection (a). 
(d) EXCEPTION FOR CERTAIN MILITARY BASES.—The certification 
requirement specified in paragraph (1) of subsection (a) shall not 
apply to military bases of the Russian Federation in Ukraine’s 
Crimean peninsula operating in accordance with its 1997 agreement 
on the Status and Conditions of the Black Sea Fleet Stationing 
on the Territory of Ukraine. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY ON 
TRAINING FOR EASTERN EUROPEAN NATIONAL MILITARY 
FORCES IN THE COURSE OF MULTILATERAL EXERCISES. 
(a) FORCES ELIGIBLE FOR TRAINING.—Subsection (a) of section 
1251 of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 1070; 10 U.S.C. 2282 note) 
is amended by striking ‘‘national military forces’’ and inserting 
‘‘national security forces’’. 
(b) ADDITIONAL SOURCE OF FUNDING.—Subsection (d)(2) of such 
section is amended by adding at the end the following new subpara-
graph: 
‘‘(C) Amounts authorized to be appropriated for a fiscal 
year for overseas contingency operations for operation and 
maintenance, Army, and available for additional activities 
for the European Deterrence Initiative for that fiscal year.’’. 
(c) ONE-YEAR EXTENSION.—Subsection (h) of such section is 
amended— 
(1) by striking ‘‘September 30, 2017’’ and inserting ‘‘Sep-
tember 30, 2018’’; and 
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130 STAT. 2490 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) by striking ‘‘through 2017’’ and inserting ‘‘through 
2018’’. 
(d) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘SEC. 1251. TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY 
FORCES IN THE COURSE OF MULTILATERAL EXERCISES.’’. 
SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO 
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER 
CRIMEA. 
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2017 for the Department of Defense may be obligated or expended 
to implement any activity that recognizes the sovereignty of the 
Russian Federation over Crimea. 
(b) WAIVER.—The Secretary of Defense, with the concurrence 
of the Secretary of State, may waive the restriction on the obligation 
or expenditure of funds required by subsection (a) if the Secretary— 
(1) determines that to do so is in the national security 
interest of the United States; and 
(2) submits to the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate and the Com-
mittee on Armed Services and the Committee on Foreign Affairs 
of the House of Representatives a notification of the waiver 
at the time the waiver is invoked. 
SEC. 1235. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOP-
MENTS INVOLVING THE RUSSIAN FEDERATION. 
(a) ADDITIONAL MATTERS TO BE INCLUDED IN REPORT.—Sub-
section (b) of section 1245 of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113–291; 128 Stat. 3566), as amended by section 1248 
of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1066), is further amended— 
(1) by redesignating paragraphs (10) through (18) as para-
graphs (12) through (20), respectively; 
(2) by inserting after paragraph (9) the following new para-
graphs: 
‘‘(10) In consultation with the Secretary of State, the Sec-
retary of the Treasury, and the Director of National Intel-
ligence, an assessment of Russia’s diplomatic, economic, and 
intelligence operations in Ukraine. 
‘‘(11) A summary of all Russian foreign military deploy-
ments, as of the date that is one month before the date of 
submission of the report, including for each deployment the 
estimated number of forces deployed, the types of capabilities 
deployed (including any advanced weapons), the length of 
deployment as of such date, and, if known, any basing agree-
ment with the host nation.’’; 
(3) by striking paragraph (14), as redesignated by para-
graph (1) of this subsection, and inserting the following new 
paragraph: 
‘‘(14) An analysis of the nuclear strategy and associated 
doctrine of Russia and of the capabilities, range, and readiness 
of all Russian nuclear systems and delivery methods.’’; and 
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130 STAT. 2491 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) in paragraph (18)(B), as redesignated by paragraph 
(1) of this subsection, by striking ‘‘day before the date of submis-
sion of the report’’ and inserting ‘‘date that is one month before 
the date of submission of the report’’. 
(b) 
PUBLISHING
REQUIREMENT.—Such 
section 
is 
further 
amended— 
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) PUBLISHING REQUIREMENT.—Upon submission of the report 
required under subsection (a) in both classified and unclassified 
form, the Secretary of Defense shall publish the unclassified form 
on the website of the Department of Defense.’’. 
(c) SUNSET.—Subsection (g) of such section, as redesignated 
by subsection (b)(1) of this section, is amended by striking ‘‘June 
1, 2018’’ and inserting ‘‘January 31, 2021’’. 
SEC. 1236. LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR 
OTHERWISE ADOPT ANY IMPLEMENTING DECISION OF 
THE OPEN SKIES CONSULTATIVE COMMISSION AND 
RELATED REQUIREMENTS. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available by this Act or any other Act 
for fiscal year 2017 or any subsequent fiscal year may be used 
to vote to approve or otherwise adopt any implementing decision 
of the Open Skies Consultative Commission pursuant to Article 
X of the Open Skies Treaty to authorize approval of requests by 
state parties to the Treaty to certify infra-red or synthetic aperture 
radar sensors pursuant to Article IV of the Treaty unless and 
until the Secretary of Defense, jointly with the relevant United 
States Government officials, submits to the appropriate congres-
sional committees the following: 
(1) A certification that the implementing decision would 
not be detrimental or otherwise harmful to the national security 
of the United States. 
(2) A report on the Open Skies Treaty that includes the 
following: 
(A) The annual costs to the United States associated 
with countermeasures to combat potential abuses of 
observation flights by the Russian Federation carried out 
under the Treaty over European and United States terri-
tories involving infra-red or synthetic aperture radar sen-
sors. 
(B) A plan, and its estimated comparative cost, to 
replace the Treaty architecture with a more robust sharing 
of overhead commercial imagery, consistent with United 
States national security, with covered state parties, 
excluding the Russian Federation. 
(C) An evaluation by the Director of National Intel-
ligence of matters concerning how an observation flight 
described in subparagraph (A) could implicate intelligence 
activities of the Russian Federation in the United States 
and United States counterintelligence activities and 
vulnerabilities. 
(D) An assessment of how such information is used 
by the Russian Federation, for what purpose, and how 
22 USC 8909. 
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130 STAT. 2492 
PUBLIC LAW 114–328—DEC. 23, 2016 
the information fits into the Russian Federation’s overall 
collection posture. 
(b) CERTIFICATION.—Not later than 90 days before the date 
on which the United States votes to approve or otherwise adopt 
any implementing decision of the Open Skies Consultative Commis-
sion as described in subsection (a), the Secretary of State shall— 
(1) submit to the appropriate congressional committees a 
certification that— 
(A) the Russian Federation— 
(i) is not taking any actions that are inconsistent 
with the terms of the Open Skies Treaty; 
(ii) is not exceeding the imagery limits set forth 
in the Treaty; and 
(iii) is allowing observation flights by covered state 
parties over all of Moscow, Chechnya, Kaliningrad and 
within 10 kilometers of its border with Georgia’s occu-
pied territories of Abkhazia and South Ossetia without 
restriction and without inconsistency to requirements 
under the Treaty; and 
(B) covered state parties have been notified and briefed 
on concerns of the intelligence community (as defined in 
section 3 of the National Security Act of 1947 (50 U.S.C. 
3003)) regarding infra-red or synthetic aperture radar sen-
sors used under the Open Skies Treaty; or 
(2) if the Secretary of State is unable to make a certification 
under paragraph (1), submit to the appropriate congressional 
committees a report that contains the reasons why the Sec-
retary cannot make such certification and a justification why 
it is in the national interest of the United States to vote 
to approve or otherwise adopt such implementing decision. 
(c) QUARTERLY REPORT.— 
(1) IN GENERAL.—The Secretary of Defense, jointly with 
the Secretary of Energy, the Secretary of Homeland Security, 
the Director of the Federal Bureau of Investigation, and the 
Director of National Intelligence, shall submit to the appro-
priate congressional committees on a quarterly basis a report 
on all observation flights by the Russian Federation over the 
United States during the preceding calendar quarter. 
(2) CONTENTS.—The report required under paragraph (1) 
shall include the following with respect to each such observation 
flight: 
(A) A description of the flight path. 
(B) An analysis of whether and the extent to which 
any United States critical infrastructure was the subject 
of image capture activities of such observation flight. 
(C) An estimate for the mitigation costs imposed on 
the Department of Defense or other United States Govern-
ment agencies by such observation flight. 
(D) An assessment of how such information is used 
by the Russian Federation, for what purpose, and how 
the information fits into the Russian Federation’s overall 
collection posture. 
(3) SUNSET.—The requirements of this subsection shall 
terminate 5 years after the date of the enactment of this 
Act. 
(d) ADDITIONAL LIMITATION.— 
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130 STAT. 2493 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Not more than 65 percent of the funds 
authorized to be appropriated or otherwise made available by 
this Act or any other Act for fiscal year 2017 may be used 
to carry out any activities to implement the Open Skies Treaty 
until the requirements described in paragraph (2) are met. 
(2) 
REQUIREMENTS
DESCRIBED.—The 
requirements 
described in this paragraph are the following: 
(A) The Director of National Intelligence and the 
Director of the National Geospatial-Intelligence Agency 
jointly submit to the appropriate congressional committees 
a report on the following: 
(i) Whether it is possible, consistent with United 
States national security interests, to provide enhanced 
access to United States commercial imagery or other 
United States capabilities, consistent with the protec-
tion of sources and methods and United States national 
security, to covered state parties that is qualitatively 
similar to that derived by observation flights over the 
territory of the United States or over the territory 
of a covered state party under the Open Skies Treaty, 
on a more timely basis. 
(ii) What the cost would be to provide enhanced 
access to such commercial imagery or other capabilities 
as compared to the current imagery sharing through 
the Treaty. 
(iii) Whether any new agreements would be needed 
to provide enhanced access to such commercial imagery 
or other capabilities and what would be required to 
obtain such agreements. 
(iv) Whether transitioning to such commercial 
imagery or other capabilities from the current imagery 
sharing through the Treaty would reduce opportunities 
by the Russian Federation to exceed imagery limits 
and reduce utility for Russian intelligence collection 
against the United States or covered state parties. 
(v) How such commercial imagery or other capabili-
ties would compare to the current imagery sharing 
through the Treaty. 
(B) The Secretary of State, in consultation with the 
Director of the National Geospatial Intelligence Agency 
and the Secretary of Defense, submits to the appropriate 
congressional committees a report that— 
(i) details the costs for implementation of the Open 
Skies Treaty, including— 
(I) mitigation costs relating to national secu-
rity; and 
(II) aircraft, sensors, and related overhead and 
implementation costs for covered state parties; and 
(ii) describes the impact on contributions and 
participation by covered state parties and relationships 
among covered state parties in the context of the Open 
Skies Treaty, the North Atlantic Treaty Organization, 
and any other venues for United States partnership 
dialogue and activity. 
(e) FORM.—Each certification, report, and notice required under 
this section shall be submitted in unclassified form, but may contain 
a classified annex if necessary. 
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130 STAT. 2494 
PUBLIC LAW 114–328—DEC. 23, 2016 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) COVERED STATE PARTY.—The term ‘‘covered state party’’ 
means a foreign country that— 
(A) is a state party to the Open Skies Treaty; and 
(B) is a United States ally. 
(3) INFRA-RED OR SYNTHETIC APERTURE RADAR SENSOR.— 
The term ‘‘infra-red or synthetic aperture radar sensor’’ means 
a sensor that is classified as— 
(A) an infra-red line-scanning device under category 
C of paragraph 1 of Article IV of the Open Skies Treaty; 
or 
(B) a sideways-looking synthetic aperture radar under 
category D of paragraph 1 of Article IV of the Open Skies 
Treaty. 
(4) OBSERVATION FLIGHT.—The term ‘‘observation flight’’ 
has the meaning given such term in Article II of the Open 
Skies Treaty. 
(5) OPEN SKIES TREATY; TREATY.—The term ‘‘Open Skies 
Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies, done 
at Helsinki March 24, 1992, and entered into force January 
1, 2002. 
(6) RELEVANT
UNITED
STATES
GOVERNMENT
OFFICIALS.— 
The term ‘‘relevant United States Government officials’’ means 
the following: 
(A) The Secretary of Energy. 
(B) The Secretary of Homeland Security. 
(C) The Director of the Federal Bureau of Investigation. 
(D) The Director of National Intelligence. 
(E) The Commander of U.S. Strategic Command and 
the Commander of U.S. Northern Command in the case 
of an observation flight over the territory of the United 
States. 
(F) The Commander of U.S. European Command in 
the case of an observation flight other than an observation 
flight described in subparagraph (E). 
(7) SENSOR.—The term ‘‘sensor’’ has the meaning given 
such term in Article II of the Open Skies Treaty. 
SEC. 1237. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY 
ASSISTANCE INITIATIVE. 
(a) FUNDING.—Section 1250 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) 
is amended— 
(1) in subsection (a), by striking ‘‘Of the amounts’’ and 
all that follows through ‘‘shall be available to’’ and inserting 
‘‘Amounts available for a fiscal year under subsection (f) shall 
be available to’’; 
(2) by redesignating subsection (f) as subsection (h); and 
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130 STAT. 2495 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) FUNDING.—From amounts authorized to be appropriated 
for the fiscal year concerned for the Department of Defense for 
overseas contingency operations, up to the following shall be avail-
able for purposes of subsection (a): 
‘‘(1) For fiscal year 2016, $300,000,000. 
‘‘(2) For fiscal year 2017, $350,000,000.’’. 
(b) ADDITIONAL AUTHORIZED ASSISTANCE.—Subsection (b) of 
such section is amended by adding at the end the following new 
paragraphs: 
‘‘(10) Equipment and technical assistance to the State 
Border Guard Service of Ukraine for the purpose of developing 
a comprehensive border surveillance network for Ukraine. 
‘‘(11) Training for staff officers and senior leadership of 
the military.’’. 
(c) AVAILABILITY OF FUNDS.—Subsection (c) of such section is 
amended— 
(1) by striking paragraphs (1) and (2) and inserting the 
following new paragraphs: 
‘‘(1) 
ASSISTANCE
FOR
UKRAINE.—Not 
more 
than 
$175,000,000 of the funds available for fiscal year 2017 pursu-
ant to subsection (f)(2) may be used for purposes of subsection 
(a) until the certification described in paragraph (2) is made. 
‘‘(2) CERTIFICATION.—The certification described in this 
paragraph is a certification by the Secretary of Defense, in 
coordination with the Secretary of State, that the Government 
of Ukraine has taken substantial actions to make defense 
institutional reforms, in such areas as civilian control of the 
military, cooperation and coordination with Verkhovna Rada 
efforts to exercise oversight of the Ministry of Defense and 
military forces, increased transparency and accountability in 
defense procurement, and improvement in transparency, 
accountability, and potential opportunities for privatization in 
the defense industrial sector, for purposes of decreasing corrup-
tion, increasing accountability, and sustaining improvements 
of combat capability enabled by assistance under subsection 
(a). The certification shall include an assessment of the substan-
tial actions taken to make such defense institutional reforms 
and the areas in which additional action is needed.’’; 
(2) in paragraph (3), by striking the matter preceding 
subparagraph (A) and inserting the following: 
‘‘(3) OTHER PURPOSES.—If in fiscal year 2017 funds are 
not available for purposes of subsection (a) by reason of the 
lack of a certification described in paragraph (2), such funds 
may be used in that fiscal year for the purposes as follows, 
with not more than $100,000,000 available for the purposes 
as follows for any particular country:’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(4) NOTICE TO CONGRESS.—Not later than 15 days before 
providing assistance or support under paragraph (3), the Sec-
retary of Defense shall submit to the congressional defense 
committees, the Committee on Foreign Relations of the Senate, 
and the Committee on Foreign Affairs of the House of Rep-
resentatives a notification containing the following: 
‘‘(A) The recipient foreign country. 
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130 STAT. 2496 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) A detailed description of the assistance or support 
to be provided, including— 
‘‘(i) the objectives of such assistance or support; 
‘‘(ii) the budget for such assistance or support; 
and 
‘‘(iii) the expected or estimated timeline for 
delivery of such assistance or support. 
‘‘(C) Such other matters as the Secretary considers 
appropriate.’’. 
(d) CONSTRUCTION WITH OTHER AUTHORITY.—Such section is 
further amended by inserting after subsection (f), as amended by 
subsection (a)(3) of this section, the following new subsection (g): 
‘‘(g) CONSTRUCTION WITH OTHER AUTHORITY.—The authority 
to provide assistance and support pursuant to subsection (a), and 
the authority to provide assistance and support under subsection 
(c), is in addition to authority to provide assistance and support 
under title 10, United States Code, the Foreign Assistance Act 
of 1961, the Arms Export Control Act, or any other provision of 
law.’’. 
(e) EXTENSION.—Subsection (h) of such section, as redesignated 
by subsection (a)(2) of this section, is amended by striking 
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’. 
(f) EXTENSION
OF
REPORTS
ON
MILITARY
ASSISTANCE
TO 
UKRAINE.—Section 1275(e) of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113–291; 128 Stat. 3592), as amended by section 
1250(g) of the National Defense Authorization Act for Fiscal Year 
2016, is further amended by striking ‘‘December 31, 2017’’ and 
inserting ‘‘January 31, 2021’’. 
SEC. 1238. REPORTS ON INF TREATY AND OPEN SKIES TREATY. 
(a) REPORTS.—Not later than 90 days after the date of the 
enactment of this Act, the Chairman of the Joint Chiefs of Staff 
shall submit to the appropriate congressional committees the fol-
lowing reports: 
(1) A report on the Open Skies Treaty containing— 
(A) an assessment, conducted by the Chairman jointly 
with the Secretary of Defense and the Secretary of State, 
of whether and why the Treaty remains in the national 
security interest of the United States, including if there 
are compliance concerns related to implementation of the 
Treaty by the Russian Federation; 
(B) a specific plan by the Chairman jointly with the 
Secretary of Defense and the Secretary of State on rem-
edying any such compliance concerns; and 
(C) a military assessment conducted by the Chairman 
of such compliance concerns. 
(2) A report on the INF Treaty containing— 
(A) an assessment, conducted by the Chairman jointly 
with the Secretary of Defense and the Secretary of State, 
of whether and why the Treaty remains in the national 
security interest of the United States, including how any 
ongoing violations bear on the assessment if such a viola-
tion is not resolved in the near-term; 
(B) a specific plan by the Chairman jointly with the 
Secretary of Defense and the Secretary of State to remedy 
violation of the Treaty by the Russian Federation, and 
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130 STAT. 2497 
PUBLIC LAW 114–328—DEC. 23, 2016 
a judgment of whether the Russian Federation intends 
to take the steps required to establish verifiable evidence 
that the Russian Federation has resumed its compliance 
with the Treaty if such non-compliance and inconsistencies 
are not resolved by the date of the enactment of this 
Act; and 
(C) a military assessment conducted by the Chairman 
of the risks posed by violation of the Treaty by the Russian 
Federation. 
(b) UPDATE.—Not later than February 15, 2018, the Chairman, 
the Secretary of Defense, and the Secretary of State shall jointly 
submit to the appropriate congressional committees an update to 
each report under subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate. 
(2) The term ‘‘INF Treaty’’ means the Treaty Between 
the United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range and 
Shorter-Range Missiles, commonly referred to as the ‘‘Inter-
mediate-Range Nuclear Forces (INF) Treaty’’, signed at Wash-
ington December 8, 1987, and entered into force June 1, 1988. 
(3) The term ‘‘Open Skies Treaty’’ means the Treaty on 
Open Skies, done at Helsinki March 24, 1992, and entered 
into force January 1, 2002. 
Subtitle E—Reform of Department of 
Defense Security Cooperation 
SEC. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY 
COOPERATION. 
(a) STATUTORY REORGANIZATION.—Part I of subtitle A of title 
10, United States Code, is amended— 
(1) by redesignating chapters 13, 15, 17, and 18 as chapters 
12, 13, 14, and 15, respectively; 
(2) by redesignating sections 261, 311, 312, 331, 332, 333, 
334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 
380, 381, 382, 383, and 384 (as added by section 1011 of 
this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 
261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 
282, 283, and 284, respectively; and 
(3) by inserting after chapter 15, as redesignated by para-
graph (1), the following new chapter: 
‘‘CHAPTER 16—SECURITY COOPERATION 
‘‘Subchapter 
Sec. 
‘‘I. General Matters ............................................................................................
301 
‘‘II. Military-to-Military Engagements ..........................................................
311 
‘‘III. Training With Foreign Forces ...............................................................
321 
‘‘IV. Support for Operations and Capacity Building .................................
331 
10 USC 301 prec. 
10 USC 311 
prec., 
351 prec., 371 
prec. 
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130 STAT. 2498 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘V. Educational and Training Activities .....................................................
341 
‘‘VI. Limitations on Use of Department of Defense Funds ......................
361 
‘‘VII. Administrative and Miscellaneous Matters .......................................
381 
‘‘SUBCHAPTER I—GENERAL MATTERS 
‘‘Sec. 
‘‘301. Definitions. 
‘‘§ 301. Definitions 
‘‘In this chapter: 
‘‘(1) The terms ‘appropriate congressional committees’ and 
‘appropriate committees of Congress’ mean— 
‘‘(A) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Committee on Appropriations 
of the Senate; and 
‘‘(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Appropriations 
of the House of Representatives. 
‘‘(2) The term ‘defense article’ has the meaning given that 
term in section 644 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2403). 
‘‘(3) The term ‘defense service’ has the meaning given that 
term in section 644 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2403). 
‘‘(4) The term ‘developing country’ has the meaning pre-
scribed by the Secretary of Defense for purposes of this chapter 
in accordance with section 1241(n) of the National Defense 
Authorization Act for Fiscal Year 2017. 
‘‘(5) The term ‘incremental expenses’, with respect to a 
foreign country— 
‘‘(A) means the reasonable and proper costs of rations, 
fuel, training ammunition, transportation, and other goods 
and services consumed by the country as a direct result 
of the country’s participation in activities authorized by 
this chapter; and 
‘‘(B) does not include— 
‘‘(i) any form of lethal assistance (excluding 
training ammunition); or 
‘‘(ii) pay, allowances, and other normal costs of 
the personnel of the country. 
‘‘(6) The term ‘national security forces’, in the case of a 
foreign country, means the following: 
‘‘(A) National military and national-level security forces 
of the foreign country that have the functional responsibil-
ities for which training is authorized in section 333(a) 
of this title. 
‘‘(B) With respect to operations referred to in section 
333(a)(2) of this title, military and civilian first responders 
of the foreign country at the national or local level that 
have such operations among their functional responsibil-
ities. 
‘‘(7) The term ‘security cooperation programs and activities 
of the Department of Defense’ means any program, activity 
(including an exercise), or interaction of the Department of 
Defense with the security establishment of a foreign country 
to achieve a purpose as follows: 
10 USC 301. 
10 USC 301 prec. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) To build and develop allied and friendly security 
capabilities for self-defense and multinational operations. 
‘‘(B) To provide the armed forces with access to the 
foreign country during peacetime or a contingency oper-
ation. 
‘‘(C) To build relationships that promote specific United 
States security interests. 
‘‘(8) The term ‘small-scale construction’ means construction 
at a cost not to exceed $750,000 for any project. 
‘‘(9) The term ‘training’ has the meaning given the term 
‘military education and training’ in section 644 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2403). 
‘‘SUBCHAPTER II—MILITARY-TO-MILITARY ENGAGEMENTS 
‘‘Sec. 
‘‘311. Exchange of defense personnel between United States and friendly foreign 
countries: authority. 
‘‘312. Payment of personnel expenses necessary for theater security cooperation. 
‘‘313. Bilateral or regional cooperation programs: awards and mementos to recognize 
superior noncombat achievements or performance. 
‘‘SUBCHAPTER III—TRAINING WITH FOREIGN FORCES 
‘‘Sec. 
‘‘321. Training with friendly foreign countries: payment of training and exercise ex-
penses. 
‘‘322. Special operations forces: training with friendly foreign forces. 
‘‘SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND 
CAPACITY BUILDING 
‘‘Sec. 
‘‘331. Friendly foreign countries: authority to provide support for conduct of oper-
ations. 
‘‘332. Friendly foreign countries; international and regional organizations: defense 
institution capacity building. 
‘‘333. Foreign security forces: authority to build capacity. 
‘‘SUBCHAPTER V—EDUCATIONAL AND TRAINING 
ACTIVITIES 
‘‘Sec. 
‘‘341. Department of Defense State Partnership Program. 
‘‘342. Regional centers for security studies. 
‘‘343. Western Hemisphere Institute for Security Cooperation. 
‘‘344. Participation in multinational military centers of excellence. 
‘‘345. Regional Defense Combating Terrorism Fellowship Program. 
‘‘346. Distribution to certain foreign personnel of education and training materials 
and information technology to enhance military interoperability with the 
armed forces. 
‘‘347. International engagement authorities for service academies. 
‘‘348. Aviation Leadership Program. 
‘‘349. Inter-American Air Forces Academy. 
‘‘350. Inter-European Air Forces Academy. 
‘‘SUBCHAPTER VI—LIMITATIONS ON USE OF DEPARTMENT 
OF DEFENSE FUNDS 
‘‘Sec. 
‘‘361. Prohibition on providing financial assistance to terrorist countries. 
‘‘362. Prohibition on use of funds for assistance to units of foreign security forces 
that have committed a gross violation of human rights. 
10 USC 361 prec. 
10 USC 341 prec. 
10 USC 331 prec. 
10 USC 321 prec. 
10 USC 311 prec. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘SUBCHAPTER VII—ADMINISTRATIVE AND 
MISCELLANEOUS MATTERS 
‘‘Sec. 
‘‘381. Consolidated budget. 
‘‘382. Execution and administration of programs and activities. 
‘‘383. Assessment, monitoring, and evaluation of programs and activities. 
‘‘384. Department of Defense security cooperation workforce development. 
‘‘385. Department of Defense support for other departments and agencies of the 
United States Government that advance Department of Defense security 
cooperation objectives. 
‘‘386. Annual report.’’. 
(b) TRANSFER OF SECTION 1051B.—Section 1051b of title 10, 
United States Code, is transferred to chapter 16 of such title, 
as added by subsection (a)(3), inserted after the table of sections 
at the beginning of subchapter II of such chapter, and redesignated 
as section 313. 
(c) CODIFICATION OF SECTION 1081 OF FY 2012 NDAA.— 
(1) CODIFICATION.—Chapter 16 of title 10, United States 
Code, as added by subsection (a)(3), is amended by inserting 
after the table of sections at the beginning of subchapter IV 
a new section 332 consisting of— 
(A) a heading as follows: 
‘‘§ 332. Friendly foreign countries; international and regional 
organizations: 
defense 
institution 
capacity 
building’’; and 
(B) a text consisting of the text of subsections (a), 
(b), and (d) of section 1081 of the National Defense 
Authorization Act for Fiscal Year 2012 (10 U.S.C. 168 
note). 
(2) CONFORMING
AMENDMENT.—Section 332 of title 10, 
United States Code, as so amended, is further amended by 
redesignating subsection (d) as subsection (c). 
(3) CONFORMING
REPEAL.—Section 1081 of the National 
Defense Authorization Act for Fiscal Year 2012 is repealed. 
(d) SUPERSEDING AUTHORITY TO TRAIN AND EQUIP FOREIGN 
SECURITY FORCES.— 
(1) SUPERSEDING
AUTHORITY.—Chapter 16 of title 10, 
United States Code, as added by subsection (a)(3), is amended 
by inserting after section 332, as added by subsection (c), the 
following new section: 
‘‘§ 333. Foreign security forces: authority to build capacity 
‘‘(a) AUTHORITY.—The Secretary of Defense is authorized to 
conduct or support a program or programs to provide training 
and equipment to the national security forces of one or more foreign 
countries for the purpose of building the capacity of such forces 
to conduct one or more of the following: 
‘‘(1) Counterterrorism operations. 
‘‘(2) Counter-weapons of mass destruction operations. 
‘‘(3) Counter-illicit drug trafficking operations. 
‘‘(4) Counter-transnational organized crime operations. 
‘‘(5) Maritime and border security operations. 
‘‘(6) Military intelligence operations. 
‘‘(7) Operations or activities that contribute to an inter-
national coalition operation that is determined by the Secretary 
to be in the national interest of the United States. 
10 USC 333 note. 
10 USC 168 note. 
10 USC 332 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(b) CONCURRENCE
AND COORDINATION WITH SECRETARY
OF 
STATE.— 
‘‘(1) CONCURRENCE IN CONDUCT OF PROGRAMS.—The concur-
rence of the Secretary of State is required to conduct or support 
any program authorized by subsection (a). 
‘‘(2) JOINT DEVELOPMENT AND PLANNING OF PROGRAMS.— 
The Secretary of Defense and the Secretary of State shall 
jointly develop and plan any program carried out pursuant 
to subsection (a). 
‘‘(3) IMPLEMENTATION
OF
PROGRAMS.—The Secretary of 
Defense and the Secretary of State shall coordinate the 
implementation of any program under subsection (a). The Sec-
retary of Defense and the Secretary of State shall each des-
ignate an individual responsible for program coordination under 
this paragraph at the lowest appropriate level in the Depart-
ment concerned. 
‘‘(4) COORDINATION IN PREPARATION OF CERTAIN NOTICES.— 
Any notice required by this section to be submitted to the 
appropriate committees of Congress shall be prepared in 
coordination with the Secretary of State. 
‘‘(c) TYPES OF CAPACITY BUILDING.— 
‘‘(1) AUTHORIZED ELEMENTS.—A program under subsection 
(a) may include the provision and sustainment of defense arti-
cles, 
training, 
defense 
services, 
supplies 
(including 
consumables), and small-scale construction. 
‘‘(2) REQUIRED
ELEMENTS.—A program under subsection 
(a) shall include elements that promote the following: 
‘‘(A) Observance of and respect for the law of armed 
conflict, human rights and fundamental freedoms, and the 
rule of law. 
‘‘(B) Respect for civilian control of the military. 
‘‘(3) HUMAN
RIGHTS
TRAINING.—In order to meet the 
requirement in paragraph (2)(A) with respect to particular 
national security forces under a program under subsection (a), 
the Secretary of Defense shall certify, prior to the initiation 
of the program, that the Department of Defense is already 
undertaking, or will undertake as part of the security sector 
assistance provided to the foreign country concerned, human 
rights training that includes a comprehensive curriculum on 
human rights and the law of armed conflict, as applicable, 
to such national security forces. 
‘‘(4) INSTITUTIONAL CAPACITY BUILDING.—In order to meet 
the requirement in paragraph (2)(B) with respect to a particular 
foreign country under a program under subsection (a), the 
Secretary shall certify, prior to the initiation of the program, 
that the Department is already undertaking, or will undertake 
as part of the program, a program of institutional capacity 
building with appropriate institutions of such foreign country 
that is complementary to the program with respect to such 
foreign country under subsection (a). The purpose of the pro-
gram of institutional capacity building shall be to enhance 
the capacity of such foreign country to exercise responsible 
civilian control of the national security forces of such foreign 
country. 
‘‘(d) LIMITATIONS.— 
‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Sec-
retary of Defense may not use the authority in subsection 
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130 STAT. 2502 
PUBLIC LAW 114–328—DEC. 23, 2016 
(a) to provide any type of assistance described in subsection 
(c) that is otherwise prohibited by any provision of law. 
‘‘(2) PROHIBITION ON ASSISTANCE TO UNITS THAT HAVE COM-
MITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The provision 
of assistance pursuant to a program under subsection (a) shall 
be subject to the provisions of section 362 of this title. 
‘‘(3) DURATION
OF
SUSTAINMENT
SUPPORT.—Sustainment 
support may not be provided pursuant to a program under 
subsection (a), or for equipment previously provided by the 
Department of Defense under any authority available to the 
Secretary during fiscal year 2015 or 2016, for a period in 
excess of five years unless the notice on the program pursuant 
to subsection (e) includes the information specified in paragraph 
(7) of subsection (e). 
‘‘(e) NOTICE AND WAIT ON ACTIVITIES UNDER PROGRAMS.—Not 
later than 15 days before initiating activities under a program 
under subsection (a), the Secretary of Defense shall submit to 
the appropriate committees of Congress a written and electronic 
notice of the following: 
‘‘(1) The foreign country, and specific unit, whose capacity 
to engage in activities specified in subsection (a) will be built 
under the program, and the amount, type, and purpose of 
the support to be provided. 
‘‘(2) A detailed evaluation of the capacity of the foreign 
country and unit to absorb the training or equipment to be 
provided under the program. 
‘‘(3) The cost, implementation timeline, and delivery 
schedule for assistance under the program. 
‘‘(4) A description of the arrangements, if any, for the 
sustainment of the program and the estimated cost and source 
of funds to support sustainment of the capabilities and perform-
ance outcomes achieved under the program beyond its comple-
tion date, if applicable. 
‘‘(5) Information, including the amount, type, and purpose, 
on the security assistance provided the foreign country during 
the three preceding fiscal years pursuant to authorities under 
this title, the Foreign Assistance Act of 1961, and any other 
train and equip authorities of the Department of Defense. 
‘‘(6) A description of the elements of the theater security 
cooperation plan of the geographic combatant command con-
cerned, and of the interagency integrated country strategy, 
that will be advanced by the program. 
‘‘(7) In the case of a program described in subsection (d)(3), 
each of the following: 
‘‘(A) A written justification that the provision of 
sustainment support described in that subsection for a 
period in excess of five years will enhance the security 
interest of the United States. 
‘‘(B) To the extent practicable, a plan to transition 
such sustainment support from funding through the 
Department to funding through another security sector 
assistance program of the United States Government or 
funding through partner nations. 
‘‘(f) QUARTERLY MONITORING REPORTS.—The Director of the 
Defense Security Cooperation Agency shall, on a quarterly basis, 
submit to the appropriate committees of Congress a report setting 
forth, for the preceding calendar quarter, the following: 
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130 STAT. 2503 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(1) Information, by recipient country, of the delivery and 
execution status of all defense articles, training, defense serv-
ices, supplies (including consumables), and small-scale construc-
tion under programs under subsection (a). 
‘‘(2) Information on the timeliness of delivery of defense 
articles, defense services, supplies (including consumables), and 
small-scale construction when compared with delivery schedules 
for such articles, services, supplies, and construction previously 
provided to Congress. 
‘‘(3) Information, by recipient country, on the status of 
funds allocated for programs under subsection (a), including 
amounts of unobligated funds, unliquidated obligations, and 
disbursements. 
‘‘(g) FUNDING.— 
‘‘(1) SOLE SOURCE OF FUNDS.—Amounts for programs car-
ried out pursuant to subsection (a) in a fiscal year, and for 
other purposes in connection with such programs as authorized 
by this section, may be derived only from amounts authorized 
to be appropriated for such fiscal year for the Department 
of Defense for operation and maintenance, Defense-wide, and 
available for the Defense Security Cooperation Agency for such 
programs and purposes. 
‘‘(2) AVAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL 
YEARS.— 
‘‘(A) IN GENERAL.—Amounts available in a fiscal year 
to carry out the authority in subsection (a) may be used 
for programs under that authority that begin in such fiscal 
year and end not later than the end of the second fiscal 
year thereafter. 
‘‘(B) ACHIEVEMENT OF FULL OPERATIONAL CAPACITY.— 
If, in accordance with subparagraph (A), equipment or 
training is delivered under a program under the authority 
in subsection (a) in the fiscal year after the fiscal year 
in which the program begins, amounts for defense articles, 
training, 
defense 
services, 
supplies 
(including 
consumables), and small-scale construction associated with 
such equipment or training and necessary to ensure that 
the recipient unit achieves full operational capability for 
such equipment or training may be used in the fiscal year 
in which the foreign country takes receipt of such equip-
ment and in the next two fiscal years.’’. 
(2) FUNDING FOR FISCAL YEAR 2017.—Amounts may be avail-
able for fiscal year 2017 for programs and other purposes 
described in subsection (g) of section 333 of title 10, United 
States Code, as added by paragraph (1), as follows: 
(A) Amounts authorized to be appropriated by section 
301 for operation and maintenance, Defense-wide, and 
available for the Defense Security Cooperation Agency for 
such programs and purposes as specified in the funding 
table in section 4301. 
(B) Amounts authorized to be appropriated by section 
1407 for Drug Interdiction and Counter-Drug Activities, 
Defense-Wide, as specified in the funding table in section 
4501. 
(C) Amounts authorized to be appropriated by section 
1504 for operation and maintenance, Defense-wide, for 
overseas contingency operations and available for the 
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130 STAT. 2504 
PUBLIC LAW 114–328—DEC. 23, 2016 
Defense Security Cooperation Agency for such programs 
and purposes as specified in the funding table in section 
4302. 
(D) Amounts authorized to be appropriated by section 
1504 for operation and maintenance, Defense-wide, for 
overseas contingency operations and available for the 
Counter Islamic State of Iraq and the Levant Fund as 
specified in the funding table in section 4302, which 
amounts may be available for such programs and other 
purposes with respect to a country other than Iraq or 
Syria if— 
(i) such programs and other purposes are for the 
purpose of countering the Islamic State of Iraq and 
the Levant; and 
(ii) notice on the use of such amounts for such 
programs and other purposes is provided to Congress 
in accordance with subsection (e) of section 333 of 
title 10, United States Code, as so added. 
(E) Amounts authorized to be appropriated by section 
1507 for Drug Interdiction and Counter-Drug Activities, 
Defense-Wide, for overseas contingency operations as speci-
fied in the funding table in section 4502 or 4503. 
(F) Amounts available for fiscal years before fiscal 
year 2017 for the Counterterrorism Partnerships Fund that 
remain available for obligation in fiscal year 2017. 
(3) LIMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEAR 
2017.—Of the amounts available for fiscal year 2017 pursuant 
to paragraph (2) for programs and other purposes described 
in subsection (g) of section 333 of title 10, United States Code, 
as so added, not more than 65 percent of such amounts may 
be used for such purposes until the guidance required by para-
graph (4) is submitted to the congressional defense committees 
as required by paragraph (4). 
(4) GUIDANCE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
prescribe, and submit to the congressional defense committees, 
initial policy guidance on roles, responsibilities, and processes 
in connection with programs and activities authorized by section 
333 of title 10, United States Code, as so added. Not later 
than 270 days after the date of the enactment of this Act, 
the Secretary shall prescribe, and submit to the congressional 
defense committees, final policy guidance on roles, responsibil-
ities, and processes in connection with such programs and 
activities. 
(5) CONFORMING REPEALS.—Effective as of the date that 
is 270 days after the date of the enactment of this Act, the 
following provisions of law are repealed: 
(A) Section 2282 of title 10, United States Code. 
(B) The following provisions of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113– 
66): 
(i) Section 1204 (127 Stat. 896; 10 U.S.C. 401 
note). 
(ii) Section 1207 (127 Stat. 902; 22 U.S.C. 2151 
note). 
10 USC 2282 
note. 
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130 STAT. 2505 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) Section 1033 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 
1881). 
(6) CLERICAL AMENDMENT.—Effective as of the date that 
is 270 days after the date of the enactment of this Act, the 
table of sections at the beginning of chapter 136 of title 10, 
United States Code, is amended by striking the item relating 
to section 2282. 
(e) TRANSFER AND MODIFICATION OF SECTION 184 AND CODIFICA-
TION OF RELATED PROVISIONS.— 
(1) TRANSFER
AND
REDESIGNATION.—Section 184 of title 
10, United States Code, is transferred to chapter 16 of such 
title as added by subsection (a)(3), inserted after the table 
of sections at the beginning of subchapter V of such chapter, 
and redesignated as section 342. 
(2) MODIFICATION OF AUTHORITIES AND CODIFICATION OF 
REIMBURSEMENT-RELATED PROVISIONS.—Section 342 of title 10, 
United States Code, as so transferred and redesignated, is 
amended— 
(A) in subsection (a), by striking ‘‘and exchange of 
ideas’’ and inserting ‘‘exchange of ideas, and training’’; 
(B) in subsection (b)— 
(i) in paragraph (1)(B), by striking ‘‘and exchange 
of ideas’’ and inserting ‘‘exchange of ideas, and 
training’’; and 
(ii) in paragraph (3), by striking ‘‘, except as specifi-
cally provided by law after October 17, 2006’’; 
(C) in subsection (c), by adding at the end the following 
new sentence: ‘‘The regulations shall prioritize within the 
respective areas of focus of each Regional Center the func-
tional areas for engagement of territorial and maritime 
security, transnational and asymmetric threats, and 
defense sector governance.’’; and 
(D) in subsection (f)— 
(i) in paragraph (3)— 
(I) by inserting ‘‘(A)’’ after ‘‘(3)’’; 
(II) in subparagraph (A), as so designated, by 
striking 
‘‘civilian 
government 
officials’’ 
and 
inserting ‘‘personnel’’; and 
(III) by adding at the end the following new 
subparagraph: 
‘‘(B)(i) The Secretary of Defense may, with the concurrence 
of the Secretary of State, waive reimbursement otherwise required 
under this subsection of the costs of activities of the Regional 
Centers for personnel of nongovernmental and international 
organizations who participate in activities of the Regional Centers 
that enhance cooperation of nongovernmental organizations and 
international organizations with United States forces if the Sec-
retary of Defense determines that attendance of such personnel 
without reimbursement is in the national security interest of the 
United States. 
‘‘(ii) The amount of reimbursement that may be waived under 
clause (i) in any fiscal year may not exceed $1,000,000.’’; and 
(ii) in paragraph (5), by striking ‘‘under the Latin 
American cooperation authority’’ and all that follows 
and inserting ‘‘under section 312 of this title are also 
10 USC 2281 
prec. and note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
available for the costs of the operation of the Regional 
Centers.’’. 
(3) CODIFICATION OF PROVISIONS RELATING TO SPECIFIC CEN-
TERS.—Such section 342, as so transferred and redesignated, 
is further amended by adding at the end the following new 
subsections: 
‘‘(h) AUTHORITIES SPECIFIC TO MARSHALL CENTER.—(1) The Sec-
retary of Defense may authorize participation by a European or 
Eurasian country in programs of the George C. Marshall Center 
for Security Studies (in this subsection referred to as the ‘Marshall 
Center’) if the Secretary determines, after consultation with the 
Secretary of State, that such participation is in the national interest 
of the United States. 
‘‘(2)(A) In the case of any person invited to serve without 
compensation on the Marshall Center Board of Visitors, the Sec-
retary of Defense may waive any requirement for financial disclo-
sure that would otherwise apply to that person solely by reason 
of service on such Board. 
‘‘(B) A member of the Marshall Center Board of Visitors may 
not be required to register as an agent of a foreign government 
solely by reason of service as a member of the Board. 
‘‘(C) Notwithstanding section 219 of title 18, a non-United 
States citizen may serve on the Marshall Center Board of Visitors 
even though registered as a foreign agent. 
‘‘(3)(A) The Secretary of Defense may waive reimbursement 
of the costs of conferences, seminars, courses of instruction, or 
similar educational activities of the Marshall Center for military 
officers and civilian officials from states located in Europe or the 
territory of the former Soviet Union if the Secretary determines 
that attendance by such personnel without reimbursement is in 
the national security interest of the United States. 
‘‘(B) Costs for which reimbursement is waived pursuant to 
subparagraph (A) shall be paid from appropriations available for 
the Center. 
‘‘(i) AUTHORITIES SPECIFIC TO INOUYE CENTER.—(1) The Sec-
retary of Defense may waive reimbursement of the cost of con-
ferences, seminars, courses of instruction, or similar educational 
activities of the Daniel K. Inouye Center for Security Studies for 
military officers and civilian officials of foreign countries if the 
Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States. 
‘‘(2) Costs for which reimbursement is waived pursuant to para-
graph (1) shall be paid from appropriations available for the 
Center.’’. 
(4) ANNUAL REVIEW OF PROGRAM STRUCTURE AND PROGRAMS 
OF CENTERS.—Such section 342, as amended by this subsection, 
is further amended by adding at the end the following new 
subsection: 
‘‘(j) ANNUAL REVIEW OF PROGRAM STRUCTURE AND PROGRAMS 
OF CENTERS.—(1) The Secretary shall on an annual basis review 
the program and structure of each Regional Center in order to 
determine whether such Regional Center is appropriately aligned 
with the strategic priorities of the Department of Defense and 
the applicable geographic combatant commands. 
‘‘(2) The Secretary may revise the program, structure, or both 
of a Regional Center following an annual review under paragraph 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in order to more appropriately align the Regional Center with 
strategic priorities and the geographic combatant commands as 
described in that paragraph..’’. 
(5) REPEAL OF CODIFIED PROVISIONS.—The following provi-
sions of law are repealed: 
(A) Section 941(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 10 U.S.C. 184 note). 
(B) Section 1065 of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 
113 note). 
(C) Section 1306 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 
2892). 
(D) Section 8073 of the Department of Defense Appro-
priations Act, 2003 (Public Law 107–248; 10 U.S.C. prec. 
2161 note). 
(f) TRANSFER OF SECTION 2166.— 
(1) TRANSFER AND REDESIGNATION.—Section 2166 of title 
10, United States Code, is transferred to chapter 16 of such 
title, as added by subsection (a)(3), inserted after section 342, 
as transferred and redesignated by subsection (e), and redesig-
nated as section 343. 
(2) CONFORMING
STYLISTIC
AMENDMENTS.—Such section 
343, as so transferred and redesignated, is amended by striking 
‘‘nations’’ each place it appears in subsections (b) and (c) and 
inserting ‘‘countries’’. 
(g) TRANSFER OF SECTION 2350M.— 
(1) TRANSFER AND REDESIGNATION.—Section 2350m of title 
10, United States Code, is transferred to chapter 16 of such 
title, as added by subsection (a)(3), inserted after section 343, 
as transferred and redesignated by subsection (f), and redesig-
nated as section 344. 
(2) CONFORMING AMENDMENTS.—Such section 344, as so 
transferred and redesignated, is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsection (f) as subsection (e). 
(h) TRANSFER OF SECTION 2249D.— 
(1) TRANSFER AND REDESIGNATION.—Section 2249d of title 
10, United States Code, is transferred to chapter 16 of such 
title, as added by subsection (a)(3), inserted after section 344, 
as transferred and redesignated by subsection (g), and redesig-
nated as section 346. 
(2) CONFORMING AND STYLISTIC AMENDMENTS.—Such sec-
tion 346, as so transferred and redesignated, is amended— 
(A) by striking ‘‘nations’’ in subsections (a) and (d) 
and inserting ‘‘countries’’; and 
(B) by striking subsections (f) and (g). 
(i) REENACTMENT OF CHAPTER 905.— 
(1) CONSOLIDATION
OF
SECTIONS
9381, 9382, AND
9383.— 
Chapter 16 of title 10, United States Code, as added by sub-
section (a)(3), is amended by inserting after section 346, as 
transferred and redesignated by subsection (h), the following 
new section: 
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130 STAT. 2508 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 348. Aviation Leadership Program 
‘‘(a) IN GENERAL.—Under regulations prescribed by the Sec-
retary of Defense, the Secretary of the Air Force may carry out 
an Aviation Leadership Program to provide undergraduate pilot 
training and necessary related training to personnel of the air 
forces of friendly, developing foreign countries. Training under this 
section shall include language training and programs to promote 
better awareness and understanding of the democratic institutions 
and social framework of the United States. 
‘‘(b) SUPPLIES AND CLOTHING.—(1) The Secretary of the Air 
Force may, under such conditions as the Secretary may prescribe, 
provide to a person receiving training under this section— 
‘‘(A) transportation incident to the training; 
‘‘(B) supplies and equipment to be used during the training; 
‘‘(C) flight clothing and other special clothing required for 
the training; and 
‘‘(D) billeting, food, and health services. 
‘‘(2) The Secretary may authorize such expenditures from the 
appropriations of the Air Force as the Secretary considers necessary 
for the efficient and effective maintenance of the Program in accord-
ance with this section. 
‘‘(c) ALLOWANCES.—The Secretary of the Air Force may pay 
to a person receiving training under this section a living allowance 
at a rate to be prescribed by the Secretary, taking into account 
the amount of living allowances authorized for a member of the 
armed forces under similar circumstances.’’. 
(2) CONFORMING
REPEAL.—Chapter 905 of such title is 
repealed. 
(j) TRANSFER OF SECTION 9415.— 
(1) IN GENERAL.—Section 9415 of title 10, United States 
Code, is transferred to chapter 16 of such title, as added by 
subsection (a)(3), inserted after section 348, as added by sub-
section (i), and redesignated as section 349. 
(2) CONFORMING AMENDMENT FOR STANDARDIZATION WITH 
CERTAIN OTHER AIR FORCES ACADEMY AUTHORITY.—Such section 
349, as so transferred and amended, is amended— 
(A) by redesignating subsection (b) as subsection (c); 
and 
(B) by inserting after subsection (a) the following new 
subsection (b): 
‘‘(b) LIMITATIONS.— 
‘‘(1) CONCURRENCE OF SECRETARY OF STATE.—Military per-
sonnel of a foreign country may be provided education and 
training under this section only with the concurrence of the 
Secretary of State. 
‘‘(2) ASSISTANCE
OTHERWISE
PROHIBITED
BY
LAW.—Edu-
cation and training may not be provided under this section 
to the military personnel of any country that is otherwise 
prohibited from receiving such type of assistance under any 
other provision of law.’’. 
(k) CODIFICATION OF SECTION 1268 OF FY 2015 NDAA.— 
(1) CODIFICATION.—Chapter 16 of title 10, United States 
Code, as added by subsection (a)(3), is amended by inserting 
after section 349, as transferred and redesignated by subsection 
(j), a new section 350 consisting of— 
(A) a heading as follows: 
10 USC 9381 
prec., 
9381–9383. 
10 USC 348 note. 
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130 STAT. 2509 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 350. Inter-European Air Forces Academy’’; and 
(B) a text consisting of the text of subsections (a) 
through (f) of section 1268 of the Carl Levin and Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3585; 
10 U.S.C. 9411 note). 
(2) CONFORMING REPEAL.—Section 1268 of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 is repealed. 
(l) TRANSFER OF SECTIONS 2249A AND 2249E.— 
(1) TRANSFER
AND
REDESIGNATION.—Sections 2249a and 
2249e of title 10, United States Code, are transferred to chapter 
16 of such title, as added by subsection (a)(3), inserted after 
the table of sections at the beginning of subchapter VI of 
such chapter, and redesignated as sections 361 and 362, respec-
tively. 
(2) CONFORMING REPEAL RELATING TO SUPERSEDED DEFINI-
TION
OF
CONGRESSIONAL
COMMITTEES.—Section 362 of such 
title, as transferred and redesignated by paragraph (1), is 
amended by striking subsection (f). 
(m) ADMINISTRATIVE MATTERS.—Chapter 16 of title 10, United 
States Code, as added by subsection (a)(3), is amended by inserting 
after the table of sections at the beginning of subchapter VII the 
following new sections: 
‘‘§ 382. Execution and administration of programs and activi-
ties 
‘‘(a) POLICY OVERSIGHT AND RESOURCE ALLOCATION.—The Sec-
retary of Defense shall assign responsibility for the oversight of 
strategic policy and guidance and responsibility for overall resource 
allocation for security cooperation programs and activities of the 
Department of Defense to a single official and office in the Office 
of the Secretary of Defense at the level of Under Secretary of 
Defense or below. 
‘‘(b) EXECUTION AND ADMINISTRATION OF CERTAIN PROGRAMS 
AND ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Director of the Defense Security 
Cooperation Agency shall be responsible for the execution and 
administration of all security cooperation programs and activi-
ties of the Department of Defense involving the provision of 
defense articles, military training, and other defense-related 
services by grant, loan, cash sale, or lease. 
‘‘(2) DESIGNATION OF RESPONSIBILITY.—The Director may 
designate an element of an armed force, combatant command, 
Defense Agency, Department of Defense Field Activity, or other 
element or organization of the Department of Defense to execute 
and administer security cooperation programs and activities 
described in paragraph (1) if the Director determines that the 
designation will achieve maximum effectiveness, efficiency, and 
economy in the activities for which designated. 
‘‘(c) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds available to the Defense Security 
Cooperation Agency, and other funds available to the Depart-
ment of Defense for security cooperation programs and activities 
of the Department of Defense, may be used to implement secu-
rity cooperation programs and activities of the Department 
of Defense authorized by this chapter. 
10 USC 382 note. 
10 USC 9411 
note. 
10 USC 350. 
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130 STAT. 2510 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) BUDGET JUSTIFICATION.—Funds necessary for imple-
menting security cooperation programs and activities of the 
Department of Defense under this chapter for a fiscal year 
shall be identified, with appropriate justification, in the consoli-
dated budget for such fiscal year required by section 381 of 
this title. 
‘‘§ 383. Assessment, monitoring, and evaluation of programs 
and activities 
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall main-
tain a program of assessment, monitoring, and evaluation in support 
of the security cooperation programs and activities of the Depart-
ment of Defense. 
‘‘(b) PROGRAM ELEMENTS AND REQUIREMENTS.— 
‘‘(1) ELEMENTS.—The program under subsection (a) shall 
provide for the following: 
‘‘(A) Initial assessments of partner capability require-
ments, potential programmatic risks, baseline information, 
and indicators of efficacy for purposes of planning, moni-
toring, and evaluation of security cooperation programs 
and activities of the Department of Defense. 
‘‘(B) Monitoring of implementation of such programs 
and activities in order to measure progress in execution 
and, to the extent possible, achievement of desired out-
comes. 
‘‘(C) Evaluation of the efficiency and effectiveness of 
such programs and activities in achieving desired outcomes. 
‘‘(D) Identification of lessons learned in carrying out 
such programs and activities, and development of rec-
ommendation for improving future security cooperation pro-
grams and activities of the Department of Defense. 
‘‘(2) BEST PRACTICES.—The program shall be conducted in 
accordance with international best practices, interagency stand-
ards, and, if applicable, the Government Performance and 
Results Act of 1993 (Public Law 103–62), and the amendments 
made by that Act, and the GPRA Modernization Act of 2010 
(Public Law 111–352), and the amendments made by that Act. 
‘‘(c) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds available to the Defense Security 
Cooperation Agency, and other funds available to the Depart-
ment of Defense for security cooperation programs and activities 
of the Department of Defense, may be used to carry out the 
program required by subsection (a). 
‘‘(2) BUDGET JUSTIFICATION.—Funds described in paragraph 
(1) for a fiscal year shall be identified, with appropriate jus-
tification, in the consolidated budget for such fiscal year 
required by section 381 of this title. 
‘‘(d) REPORTS.— 
‘‘(1) REPORTS TO CONGRESS.—The Secretary shall submit 
to the congressional defense committees each year a report 
on the program under subsection (a) during the previous year. 
Each report shall include, for the year covered by such report, 
the following: 
‘‘(A) A description of the activities under the program. 
‘‘(B) An evaluation of the lessons learned and best 
practices identified through activities under the program. 
10 USC 383 note. 
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130 STAT. 2511 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) INFORMATION FOR THE PUBLIC ON EVALUATIONS.—The 
Secretary shall make available to the public, on an Internet 
website of the Department of Defense available to the public, 
a summary of each evaluation conducted pursuant to subsection 
(b)(1)(C). In making a summary so available, the Secretary 
may redact or omit any information that the Secretary deter-
mines should not be disclosed to the public in order to protect 
the interest of the United States or the foreign country or 
countries covered by such evaluation. 
‘‘§ 385. Department of Defense support for other departments 
and agencies of the United States Government that 
advance Department of Defense security coopera-
tion objectives 
‘‘(a) SUPPORT AUTHORIZED.—Subject to subsection (c), the Sec-
retary of Defense is authorized to support other departments and 
agencies of the United States Government for the purpose of imple-
menting or supporting foreign assistance programs and activities 
described in subsection (b) that advance security cooperation objec-
tives of the Department of Defense. 
‘‘(b) FOREIGN ASSISTANCE PROGRAMS AND ACTIVITIES.—The for-
eign assistance programs and activities described in this subsection 
are foreign assistance programs and activities that— 
‘‘(1) are necessary for the effectiveness of one or more 
programs of the Department of Defense relating to security 
cooperation conducted pursuant to an authority in this chapter; 
and 
‘‘(2) cannot be carried out by the Department. 
‘‘(c) ANNUAL LIMITATION ON AMOUNT OF SUPPORT.—The amount 
of support provided pursuant to subsection (a) in any fiscal year 
may not exceed $75,000,000. 
‘‘(d) NOTICE AND WAIT.—If a determination is made to transfer 
funds in connection with the provision of support pursuant to sub-
section (a) for a program or activity, the transfer may not occur 
until— 
‘‘(1) the Secretary and the head of the department or agency 
to receive the funds jointly submit to the congressional defense 
committees a notice on the transfer, which notice shall 
include— 
‘‘(A) a detailed description of the purpose and estimated 
cost of such program or activity; 
‘‘(B) a detailed description of the security cooperation 
objectives of the Department, include the theater campaign 
plan of the combatant command concerned, that will be 
advanced; 
‘‘(C) a justification why such program or activity will 
advance such objectives; 
‘‘(D) a justification why such program or activity cannot 
be carried out by the Department; 
‘‘(E) an identification of any funds programmed or obli-
gated by the department or agency other than the Depart-
ment on such program or activity; and 
‘‘(F) a timeline for the provision of such support; and 
‘‘(2) a period of 30 days elapses after the date of the 
submittal of the notice pursuant to paragraph (1).’’. 
(n) PRESCRIPTION OF TERM ‘‘DEVELOPING COUNTRY’’.— 
10 USC 385 note. 
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130 STAT. 2512 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—The Secretary of Defense shall prescribe 
the meaning of the term ‘‘developing country’’ for purposes 
of chapter 16 of title 10, United States Code, as added by 
subsection (a)(3), and may from time to time prescribe a revision 
to the meaning of that term for those purposes. 
(2) INITIAL PRESCRIPTION.—The Secretary shall first pre-
scribe the meaning of the term by not later than 270 days 
after the date of the enactment of this Act. 
(3) NOTICE TO CONGRESS.—Whenever the Secretary pre-
scribes the meaning of the term pursuant to paragraph (1), 
the Secretary shall notify the appropriate committees of Con-
gress of the meaning of the term as so prescribed. 
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 
this subsection, the term ‘‘appropriate committees of Congress’’ 
has the meaning given that term in section 301(1) of title 
10, United States Code, as so added. 
(o) CLERICAL AMENDMENTS.—Title 10, United States Code, is 
amended as follows: 
(1) The tables of chapters at the beginning of subtitle 
A, and at the beginning of part I of subtitle A, are amended— 
(A) by revising the chapter references relating to chap-
ters 13, 15, 17, and 18 (and the section references therein) 
to conform to the redesignations made by paragraphs (1) 
and (2) of subsection (a); and 
(B) by inserting after the item relating to chapter 
15, as revised pursuant to subparagraph (A), the following 
new item: 
‘‘16. Security Cooperation ................................................................................
301’’. 
(2) The section references in the tables of sections at the 
beginning of chapters 12, 13, 14, and 15, as redesignated by 
paragraph (1) of subsection (a), are revised to conform to the 
redesignations made by paragraph (2) of such subsection. 
(3) The table of sections at the beginning of chapter 7 
is amended by striking the item relating to section 184. 
(4) The table of sections at the beginning of chapter 53 
is amended by striking the item relating to section 1051b. 
(5) The table of sections at the beginning of chapter 108 
is amended by striking the item relating to section 2166. 
(6) The table of sections at the beginning of subchapter 
I of chapter 134 is amended by striking the items relating 
to sections 2249a, 2249d, and 2249e. 
(7) The table of sections at the beginning of subchapter 
II of chapter 138 is amended by striking the item relating 
to section 2350m. 
(8) The tables of chapters at the beginning of subtitle 
D, and at the beginning of part III of subtitle D, are amended 
by striking the item relating to chapter 905. 
(9) The table of sections at the beginning of chapter 907 
is amended by striking the item relating to section 9415. 
SEC. 1242. MILITARY-TO-MILITARY EXCHANGES. 
(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION 
ACTIVITIES.—Chapter 16 of title 10, United States Code, as added 
by section 1241(a)(3) of this Act, is amended by inserting after 
the table of sections at the beginning of subchapter II a new 
section 311 consisting of— 
(1) a heading as follows: 
10 USC 8011 
prec., 9301 prec. 
10 USC 9411 
prec. 
10 USC 2350a 
prec. 
10 USC 2241 
prec. 
10 USC 2161 
prec. 
10 USC 1030 
prec. 
10 USC 246 
prec., 
251 prec., 261 
prec., 271 prec. 
10 USC 121 prec. 
10 USC 101 prec. 
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130 STAT. 2513 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 311. Exchange of defense personnel between United States 
and friendly foreign countries: authority’’; and 
(2) a text consisting of the text of section 1082 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104–201; 110 Stat. 2672; 10 U.S.C. 168 note). 
(b) REVISIONS TO INCORPORATE PERMANENT NONRECIPROCAL 
EXCHANGE AUTHORITY.—Section 311 of title 10, United States Code, 
as added by subsection (a), is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by adding at the end the following 
new sentence: ‘‘Any exchange of personnel under such an 
agreement is subject to paragraph (3).’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘an ally of the United States or another 
friendly foreign country for the exchange’’ and inserting 
‘‘a friendly foreign country or international or regional 
security organization for the reciprocal or non-recip-
rocal exchange’’; 
(ii) in subparagraph (A), by striking ‘‘military’’ and 
inserting ‘‘members of the armed forces’’; and 
(iii) in subparagraph (B)— 
(I) by inserting ‘‘or security’’ after ‘‘defense’’; 
and 
(II) by inserting before the period at the end 
the following: ‘‘or international or regional security 
organization’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(3) An exchange of personnel under an international defense 
personnel exchange agreement under this section may only be made 
with the concurrence of the Secretary to State to the extent the 
exchange is with either of the following: 
‘‘(A) A non-defense security ministry of a foreign govern-
ment. 
‘‘(B) An international or regional security organization.’’; 
(2) in subsection (b)(2), by inserting before the period at 
the end the following: ‘‘, subject to the concurrence of the 
Secretary of State’’; 
(3) in subsection (c)— 
(A) by striking ‘‘Each government shall be required 
under’’ and inserting ‘‘In the case of’’; and 
(B) by inserting after ‘‘exchange agreement’’ the fol-
lowing: ‘‘that provides for reciprocal exchanges, each 
government shall be required’’; and 
(4) in subsection (f), by inserting ‘‘defense or security min-
istry of that’’ after ‘‘military personnel of the’’. 
(c) CONFORMING REPEALS.—The following provisions of law are 
repealed: 
(1) Section 1082 of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2672; 
10 U.S.C. 168 note). 
(2) Section 1207 of the National Defense Authorization 
Act for Fiscal Year 2010 (10 U.S.C. 168 note). 
10 USC 311 note. 
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130 STAT. 2514 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAY-
MENT OF PERSONNEL EXPENSES NECESSARY FOR THE-
ATER SECURITY COOPERATION. 
(a) CONSOLIDATION
AND REVISION
OF AUTHORITIES
IN NEW 
CHAPTER ON SECURITY COOPERATION ACTIVITIES.—Chapter 16 of 
title 10, United States Code, as added by section 1241(a)(3) of 
this Act, is amended by inserting after section 311, as added by 
section 1242(a) of this Act, the following new section: 
‘‘§ 312. Payment of personnel expenses necessary for theater 
security cooperation 
‘‘(a) AUTHORITY.—The Secretary of Defense may pay expenses 
specified in subsection (b) that the Secretary considers necessary 
for theater security cooperation. 
‘‘(b) TYPES OF EXPENSES.—The expenses that may be paid under 
the authority provided in subsection (a) are the following: 
‘‘(1) PERSONNEL EXPENSES.—The Secretary of Defense may 
pay travel, subsistence, and similar personnel expenses of, and 
special compensation for, the following that the Secretary con-
siders necessary for theater security cooperation: 
‘‘(A) Defense personnel of friendly foreign governments. 
‘‘(B) With the concurrence of the Secretary of State, 
other personnel of friendly foreign governments and non- 
governmental personnel. 
‘‘(2) ADMINISTRATIVE SERVICES AND SUPPORT FOR LIAISON 
OFFICERS.—The Secretary of Defense may provide administra-
tive services and support for the performance of duties by 
a liaison officer of a foreign country while the liaison officer 
is assigned temporarily to any headquarters in the Department 
of Defense. 
‘‘(3) TRAVEL, SUBSISTENCE, AND MEDICAL CARE FOR LIAISON 
OFFICERS.—The Secretary of Defense may pay the expenses 
of a liaison officer in connection with the assignment of that 
officer as described in paragraph (2) if the assignment is 
requested by the commander of a combatant command, the 
Chief of Staff of the Army, the Chief of Naval Operations, 
the Chief of Staff of the Air Force, the Commandant of the 
Marine Corps, or the head of a Defense Agency as follows: 
‘‘(A) Travel and subsistence expenses. 
‘‘(B) Personal expenses directly necessary to carry out 
the duties of that officer in connection with that assign-
ment. 
‘‘(C) Expenses for medical care at a civilian medical 
facility if— 
‘‘(i) adequate medical care is not available to the 
liaison officer at a local military medical treatment 
facility; 
‘‘(ii) the Secretary determines that payment of such 
medical expenses is necessary and in the best interests 
of the United States; and 
‘‘(iii) medical care is not otherwise available to 
the liaison officer pursuant to any treaty or other inter-
national agreement. 
‘‘(D) Mission-related travel expenses if such travel 
meets each of the following conditions: 
‘‘(i) The travel is in support of the national security 
interests of the United States. 
10 USC 312 note. 
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130 STAT. 2515 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) The officer or official making the request 
directs round-trip travel from the assigned location 
to one or more travel locations. 
‘‘(4) CONFERENCES, SEMINARS, AND
SIMILAR
MEETINGS.— 
The authority provided by paragraph (1) includes authority 
to pay travel and subsistence expenses for personnel described 
in that paragraph in connection with the attendance of such 
personnel at any conference, seminar, or similar meeting that 
is in direct support of enhancing interoperability between the 
United States armed forces and the national security forces 
of a friendly foreign country for the purposes of conducting 
operations, the provision of equipment or training, or the plan-
ning for, or the execution of, bilateral or multilateral training, 
exercises, or military operations. 
‘‘(5) OTHER
EXPENSES.—In addition to the personnel 
expenses payable under paragraph (1), the Secretary of Defense 
may pay such other limited expenses in connection with con-
ferences, seminars, and similar meetings covered by paragraph 
(4) as the Secretary considers appropriate in the national secu-
rity interests of the United States. 
‘‘(c) LIMITATIONS ON EXPENSES PAYABLE.— 
‘‘(1) 
PERSONNEL
FROM
DEVELOPING
COUNTRIES.—The 
authority provided in subsection (a) may be used only for the 
payment of expenses of, and special compensation for, personnel 
from developing countries, except that the Secretary of Defense 
may authorize the payment of such expenses and special com-
pensation for personnel from a country other than a developing 
country if the Secretary determines that such payment is nec-
essary to respond to extraordinary circumstances and is in 
the national security interest of the United States. 
‘‘(2) NON-DEFENSE LIAISON OFFICERS.—In the case of a non- 
defense liaison officer of a foreign country, the authority of 
the Secretary of Defense under subsection (a) to pay expenses 
specified in paragraph (2) or (3) of subsection (b) may be exer-
cised only if the assignment of that liaison officer as a liaison 
officer with the Department of Defense was accepted by the 
Secretary of Defense with the coordination of the Secretary 
of State. 
‘‘(d) REIMBURSEMENT.—The Secretary of Defense may provide 
the services and support specified in subsection (b)(2) with or with-
out reimbursement from (or on behalf of) the recipients. The terms 
of reimbursement (if any) shall be specified in the appropriate 
agreements used to assign the liaison officer. 
‘‘(e) MONETARY LIMITATIONS ON EXPENSES PAYABLE.— 
‘‘(1) TRAVEL
AND
SUBSISTENCE
EXPENSES
GENERALLY.— 
Travel and subsistence expenses authorized to be paid under 
subsection (a) may not, in the case of any individual, exceed 
the amount that would be paid under chapter 7 or 8 of title 
37 to a member of the armed forces (of a comparable grade) 
for authorized travel of a similar nature. 
‘‘(2) TRAVEL AND RELATED EXPENSES OF LIAISON OFFICERS.— 
The amount paid for expenses specified in subsection (b)(3) 
for any liaison officer in any fiscal year may not exceed 
$150,000. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the administration of this section. Such regulations 
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130 STAT. 2516 
PUBLIC LAW 114–328—DEC. 23, 2016 
shall be submitted to the Committees on Armed Services of the 
Senate and the House of Representatives. 
‘‘(g) ADMINISTRATIVE SERVICES AND SUPPORT DEFINED.—In this 
section, the term ‘administrative services and support’ includes 
base or installation support services, office space, utilities, copying 
services, fire and police protection, training programs conducted 
to familiarize, orient, or certify liaison personnel regarding unique 
aspects of the assignments of the liaison personnel, and computer 
support.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REPEALS.—Sections 1050, 1050a, 1051, and 1051a of 
title 10, United States Code, are repealed. 
(2) CLERICAL AMENDMENTS.—The table of sections at the 
beginning of chapter 53 of such title is amended by striking 
the items relating to sections 1050, 1050a, 1051, and 1051a. 
(c) SAVINGS PROVISION FOR FISCAL YEAR 2017.—The authority 
under section 1050 of title 10, United States Code, as in effect 
on the day before the date of the enactment of this Act, shall 
continue to apply with respect to the Inter-American Defense Col-
lege during fiscal year 2017 under regulations prescribed by the 
Secretary of Defense. 
SEC. 1244. TRANSFER AND REVISION OF CERTAIN AUTHORITIES ON 
PAYMENT OF EXPENSES OF TRAINING AND EXERCISES 
WITH FRIENDLY FOREIGN FORCES. 
(a) TRANSFER AND REVISION OF AUTHORITY ON PAYMENT OF 
EXPENSES OF DEVELOPING COUNTRIES.—Section 2010 of title 10, 
United States Code, is transferred to chapter 16 of such title, 
as added by section 1241(a)(3) of this Act, inserted after the table 
of sections at the beginning of subchapter III, redesignated as 
section 321, and amended to read as follows: 
‘‘§ 321. Training with friendly foreign countries: payment of 
training and exercise expenses 
‘‘(a) TRAINING AUTHORIZED.— 
‘‘(1) TRAINING
WITH
FOREIGN
FORCES
GENERALLY.—The 
armed forces under the jurisdiction of the Secretary of Defense 
may train with the military forces or other security forces 
of a friendly foreign country if the Secretary determines that 
it is in the national security interest of the United States 
to do so. 
‘‘(2) LIMITATION
ON
TRAINING
OF
GENERAL
PURPOSE 
FORCES.—The general purpose forces of the United States 
armed forces may train only with the military forces of a 
friendly foreign country. 
‘‘(3) TRAINING TO SUPPORT MISSION ESSENTIAL TASKS.—Any 
training conducted pursuant to paragraph (1) shall, to the 
maximum extent practicable, support the mission essential 
tasks for which the unit of the United States armed forces 
participating in such training is responsible. 
‘‘(4) ELEMENTS
OF
TRAINING.—Any training conducted 
pursuant to paragraph (1) shall, to the maximum extent prac-
ticable, include elements that promote— 
‘‘(A) observance of and respect for human rights and 
fundamental freedoms; and 
‘‘(B) respect for legitimate civilian authority within 
the foreign country concerned. 
10 USC 1050 
note. 
10 USC 1030 
prec. 
10 USC 
1050–1051a. 
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130 STAT. 2517 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(b) AUTHORITY TO PAY TRAINING AND EXERCISE EXPENSES.— 
Under regulations prescribed pursuant to subsection (e), the Sec-
retary of a military department or the commander of a combatant 
command may pay, or authorize payment for, any of the following 
expenses: 
‘‘(1) Expenses of training forces assigned or allocated to 
that command in conjunction with training, and training with, 
the military forces or other security forces of a friendly foreign 
country under subsection (a). 
‘‘(2) Expenses of deploying such forces for that training. 
‘‘(3) The incremental expenses of a friendly foreign country 
as the direct result of participating in such training, as specified 
in the regulations. 
‘‘(4) The incremental expenses of a friendly foreign country 
as the direct result of participating in an exercise with the 
armed forces under the jurisdiction of the Secretary of Defense. 
‘‘(5) Small-scale construction that is directly related to the 
effective accomplishment of the training described in paragraph 
(1) or an exercise described in paragraph (4). 
‘‘(c) PURPOSE OF TRAINING AND EXERCISES.— 
‘‘(1) IN
GENERAL.—The primary purpose of the training 
and exercises for which payment may be made under subsection 
(b) shall be to train United States forces. 
‘‘(2) SELECTION OF FOREIGN PARTNERS.—Training and exer-
cises with friendly foreign countries under subsection (a) should 
be planned and prioritized consistent with applicable guidance 
relating to the security cooperation programs and activities 
of the Department of Defense. 
‘‘(d) AVAILABILITY OF FUNDS FOR ACTIVITIES THAT CROSS FISCAL 
YEARS.—Amounts available for the authority to pay expenses in 
subsection (b) for a fiscal year may be used to pay expenses under 
that subsection for training and exercises that begin in such fiscal 
year but end in the next fiscal year. 
‘‘(e) QUARTERLY NOTICE ON PLANNED TRAINING.—Not later than 
the end of the first calender quarter beginning after the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 2017, and every calender quarter thereafter, the Sec-
retary of Defense shall submit to the appropriate committees of 
Congress a notice setting forth the schedule of planned training 
engagement pursuant to subsection (a) during the calendar quarter 
first following the calendar quarter in which such notice is sub-
mitted. 
‘‘(f) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary of Defense shall prescribe 
regulations for the administration of this section. The Secretary 
shall submit the regulations to the Committees on Armed Serv-
ices of the Senate and the House of Representatives. 
‘‘(2) ELEMENTS.—The regulations required under this sec-
tion shall provide the following: 
‘‘(A) A requirement that training and exercise activities 
may be carried out under this section only with the prior 
approval of the Secretary. 
‘‘(B) Accounting procedures to ensure that the expendi-
tures pursuant to this section are appropriate. 
‘‘(C) Procedures to limit the payment of incremental 
expenses to friendly foreign countries only to developing 
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130 STAT. 2518 
PUBLIC LAW 114–328—DEC. 23, 2016 
countries, except in the case of exceptional circumstances 
as specified in the regulations.’’. 
(b) TRANSFER OF AUTHORITY FOR PAYMENT OF EXPENSES IN 
CONNECTION WITH SPECIAL OPERATIONS FORCES TRAINING.—Sec-
tion 2011 of title 10, United States Code, is transferred to chapter 
16 of such title, inserted after section 321, as transferred and 
amended by subsection (a) of this section, and redesignated as 
section 322. 
(c) CONFORMING REPEAL.—Section 1203 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 
Stat. 894; 10 U.S.C. 2011 note) is repealed. 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 101 of title 10, United States Code, is amended 
by striking the items relating to sections 2010 and 2011. 
SEC. 1245. TRANSFER AND REVISION OF AUTHORITY TO PROVIDE 
OPERATIONAL SUPPORT TO FORCES OF FRIENDLY FOR-
EIGN COUNTRIES. 
(a) TRANSFER AND REVISION.—Section 127d of title 10, United 
States Code, is transferred to chapter 16 of such title, as added 
by section 1241(a)(3) of this Act, inserted after the table of sections 
at the beginning of subchapter IV, redesignated as section 331, 
and amended to read as follows: 
‘‘§ 331. Friendly foreign countries: authority to provide sup-
port for conduct of operations 
‘‘(a) AUTHORITY.—The Secretary of Defense may provide support 
to friendly foreign countries in connection with the conduct of 
operations designated pursuant to subsection (b). 
‘‘(b) DESIGNATED OPERATIONS.— 
‘‘(1) IN GENERAL.—The Secretary of Defense shall designate 
the operations for which support may be provided under the 
authority in subsection (a). 
‘‘(2) NOTICE TO CONGRESS.—The Secretary shall notify the 
appropriate committees of Congress of the designation of any 
operation pursuant to this subsection. 
‘‘(3) ANNUAL REVIEW FOR CONTINUING DESIGNATION.—The 
Secretary shall undertake on an annual basis a review of the 
operations currently designated pursuant to this subsection 
in order to determine whether each such operation merits con-
tinuing designation for purposes of this section for another 
year. If the Secretary determines that any operation so reviewed 
merits continuing designation for purposes of this section for 
another year, the Secretary— 
‘‘(A) may continue the designation of such operation 
under this subsection for such purposes for another year; 
and 
‘‘(B) if the Secretary so continues the designation of 
such operation, shall notify the appropriate committees 
of Congress of the continuation of designation of such oper-
ation. 
‘‘(c) TYPES
OF SUPPORT AUTHORIZED.—The types of support 
that may be provided under the authority in subsection (a) are 
the following: 
‘‘(1) Logistic support, supplies, and services to security 
forces of a friendly foreign country participating in— 
10 USC 2001 
prec. 
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130 STAT. 2519 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) an operation with the armed forces under the 
jurisdiction of the Secretary of Defense; or 
‘‘(B) a military or stability operation that benefits the 
national security interests of the United States. 
‘‘(2) Logistic support, supplies, and services— 
‘‘(A) to military forces of a friendly foreign country 
solely for the purpose of enhancing the interoperability 
of the logistical support systems of military forces partici-
pating in a combined operation with the United States 
in order to facilitate such operation; or 
‘‘(B) to a nonmilitary logistics, security, or similar 
agency of a friendly foreign government if such provision 
would directly benefit the armed forces under the jurisdic-
tion of the Secretary of Defense. 
‘‘(3) Procurement of equipment for the purpose of the loan 
of such equipment to the military forces of a friendly foreign 
country participating in a United States-supported coalition 
or combined operation and the loan of such equipment to those 
forces to enhance capabilities or to increase interoperability 
with the armed forces under the jurisdiction of the Secretary 
of Defense and other coalition partners. 
‘‘(4) Provision of specialized training to personnel of friendly 
foreign countries in connection with such an operation, 
including training of such personnel before deployment in 
connection with such operation. 
‘‘(5) Small-scale construction to support military forces of 
a friendly foreign country participating in a United States- 
supported coalition or combined operation when the construc-
tion is directly linked to the ability of such forces to participate 
in such operation effectively and is limited to the geographic 
area where such operation is taking place. 
‘‘(d) CERTIFICATION REQUIRED.— 
‘‘(1) OPERATIONS
IN
WHICH
THE
UNITED
STATES
IS
NOT 
PARTICIPATING.—The Secretary of Defense may provide support 
under subsection (a) to a friendly foreign country with respect 
to an operation in which the United States is not participating 
only— 
‘‘(A) if the Secretary of Defense and the Secretary 
of State jointly certify to the appropriate committees of 
Congress that the operation is in the national security 
interests of the United States; and 
‘‘(B) after the expiration of the 15-day period beginning 
on the date of such certification. 
‘‘(2) ACCOMPANYING REPORT.—Any certification under para-
graph (1) shall be accompanied by a report that includes the 
following: 
‘‘(A) A description of the operation, including the 
geographic area of the operation. 
‘‘(B) A list of participating countries. 
‘‘(C) A description of the type of support and the dura-
tion of support to be provided. 
‘‘(D) A description of the national security interests 
of the United States supported by the operation. 
‘‘(E) Such other matters as the Secretary of Defense 
and the Secretary of State consider significant to a consid-
eration of such certification. 
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130 STAT. 2520 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(e) SECRETARY OF STATE CONCURRENCE.—The provision of sup-
port under subsection (a) may be made only with the concurrence 
of the Secretary of State. 
‘‘(f) SUPPORT OTHERWISE PROHIBITED BY LAW.—The Secretary 
of Defense may not use the authority in subsection (a) to provide 
any type of support described in subsection (c) that is otherwise 
prohibited by any provision of law. 
‘‘(g) LIMITATIONS ON VALUE.— 
‘‘(1) The aggregate value of all logistic support, supplies, 
and services provided under paragraphs (1), (4), and (5) of 
subsection (c) in any fiscal year may not exceed $450,000,000. 
‘‘(2) The aggregate value of all logistic support, supplies, 
and services provided under subsection (c)(2) in any fiscal year 
may not exceed $5,000,000. 
‘‘(h) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES DEFINED.— 
In this section, the term ‘logistic support, supplies, and services’ 
has the meaning given that term in section 2350(1) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 3 of such title is amended by striking the item 
relating to section 127d. 
(c) CONFORMING REPEAL.—Section 1207 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1040; 10 U.S.C. 2282 note) is repealed. 
SEC. 1246. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM. 
(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION 
ACTIVITIES.—Chapter 16 of title 10, United States Code, as added 
by section 1241(a)(3) of this Act, is amended by inserting after 
the table of sections at the beginning of subchapter V a new section 
341 consisting of— 
(1) a heading as follows: 
‘‘§ 341. Department of Defense State Partnership Program’’; 
and 
(2) a text consisting of subsections (a) through (g) of section 
1205 of the National Defense Authorization Act for Fiscal Year 
2014 (32 U.S.C. 107 note). 
(b) PROHIBITION ON ACTIVITIES WITH UNITS HAVING COMMITTED 
GROSS VIOLATIONS OF HUMAN RIGHTS.—Subsection (b) of section 
341 of title 10, United States Code, as added by subsection (a) 
of this section, is amended— 
(1) by striking ‘‘ (b) LIMITATION.—An activity’’ and inserting 
the following: 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN GENERAL.—An activity’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) PROHIBITION
ON
ACTIVITIES
WITH
UNITS
THAT
HAVE 
COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The conduct 
of any activities under a program established under subsection 
(a) shall be subject to the provisions of section 362 of this 
title.’’. 
(c) REVISIONS TO STRIKE OBSOLETE PROVISIONS AND CONFORM 
TO PROVISIONS IN NEW CHAPTER.—Such section 341, as so added, 
is further amended— 
(1) by striking subsection (d) and inserting the following 
new subsection (d): 
10 USC 341. 
10 USC 121 prec. 
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130 STAT. 2521 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(d) REGULATIONS.—This section shall be carried out in accord-
ance with such regulations as the Secretary of Defense shall pre-
scribe for purposes of this section. Such regulations shall include 
accounting procedures to ensure that expenditures of funds to carry 
out this section are accounted for and appropriate.’’; and 
(2) in subsection (g), by striking ‘‘under title 10’’ and all 
that follows and inserting ‘‘under title 10 as in effect on 
December 26, 2013.’’. 
(d) ANNUAL REPORTS.— 
(1) REPORTS UNDER CODIFIED AUTHORITY.—Subsection (f) 
of such section 341, as so added, is amended— 
(A) by striking ‘‘(f) REPORTS AND NOTIFICATIONS.—’’ 
and all that follows through ‘‘(B) MATTERS
TO
BE 
INCLUDED.—’’ and inserting the following: 
‘‘(f) ANNUAL REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than February 1 following 
each of fiscal years 2016, 2017, and 2018, the Secretary of 
Defense shall submit to the appropriate congressional commit-
tees a report on activities under each program established 
under subsection (a) during such fiscal year. 
‘‘(2) MATTERS TO BE INCLUDED.—’’; and 
(B) in paragraph (2), as redesignated by subparagraph 
(A) of this paragraph— 
(i) by redesignating clauses (i) through (vi) as sub-
paragraphs 
(A) 
through 
(F), 
respectively, 
and 
realigning the margin of each such subparagraph two 
ems to the left; and 
(ii) in subparagraph (F), as redesignated by clause 
(i) of this subparagraph, by striking ‘‘clause (v)’’ and 
inserting ‘‘subparagraph (E)’’. 
(2) REPORTS UNDER CODIFIED REPORTING AUTHORITY IN NEW 
CHAPTER ON SECURITY COOPERATION ACTIVITIES.—Effective as 
of January 1, 2020— 
(A) section 386(c)(1) of title 10, United States Code, 
as added by section 1251(d)(1) of this Act, is amended 
by inserting ‘‘341,’’ after ‘‘333,’’; and 
(B) section 341 of title 10, United States Code, as 
added and amended by this section, is further amended— 
(i) by striking subsection (f); and 
(ii) by redesignating subsection (g) as subsection 
(f). 
(e) CONFORMING REPEAL.—Section 1205 of the National Defense 
Authorization Act for Fiscal Year 2014 is repealed. 
SEC. 1247. TRANSFER OF AUTHORITY ON REGIONAL DEFENSE COM-
BATING TERRORISM FELLOWSHIP PROGRAM. 
(a) TRANSFER AND REDESIGNATION.—Section 2249c of title 10, 
United States Code, is transferred to chapter 16 of such title, 
as added by section 1241(a)(3) of this Act, inserted after section 
344, as transferred and redesignated by section 1241(g) of this 
Act, and redesignated as section 345. 
(b) CONFORMING AMENDMENT IN CONNECTION WITH TRANSFER 
TO NEW CHAPTER.—Subsection (c) of such section 345, as so trans-
ferred and redesignated, is amended by striking ‘‘to Congress’’ and 
inserting ‘‘to the appropriate committees of Congress’’. 
(c) HEADING AMENDMENT.—The heading of such section 345, 
as so transferred and redesignated, is amended to read as follows: 
32 USC 107 note. 
10 USC 341 note. 
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130 STAT. 2522 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 345. Regional Defense Combating Terrorism Fellowship 
Program’’. 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter I of chapter 134 of such title is amended by 
striking the item relating to section 2249c. 
SEC. 1248. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY 
INTERNATIONAL ENGAGEMENT. 
(a) CONSOLIDATION OF AUTHORITIES.—Chapter 16 of title 10, 
United States Code, as added by section 1241(a)(3) of this Act, 
is amended by inserting after section 346, as transferred and 
redesignated by section 1241(h) of this Act, the following new sec-
tion: 
‘‘§ 347. International engagement authorities for service 
academies 
‘‘(a) SELECTION
OF PERSONS FROM FOREIGN COUNTRIES TO 
RECEIVE INSTRUCTION AT SERVICE ACADEMIES.— 
‘‘(1) ATTENDANCE AUTHORIZED.— 
‘‘(A) IN
GENERAL.—The Secretary of each military 
department may permit persons from foreign countries to 
receive instruction at the Service Academy under the juris-
diction of the Secretary. Such persons shall be in addition 
to— 
‘‘(i) in the case of the United States Military 
Academy, the authorized strength of the Corps of the 
Cadets of the Academy under 4342 of this title; 
‘‘(ii) in the case of the United States Naval 
Academy, the authorized strength of the Brigade of 
Midshipmen of the Academy under section 6954 of 
this title; and 
‘‘(iii) in the case of the United States Air Force 
Academy, the authorized strength of the Cadet Wing 
of the Academy under 9342 of this title. 
‘‘(B) LIMITATION ON NUMBER.—The number of persons 
permitted to receive instruction at each Service Academy 
under this subsection may not be more than 60 at any 
one time. 
‘‘(2) DETERMINATION OF FOREIGN COUNTRIES FROM WHICH 
PERSONS MAY BE SELECTED.—The Secretary of a military depart-
ment, upon approval by the Secretary of Defense, shall deter-
mine— 
‘‘(A) the countries from which persons may be selected 
for appointment under this subsection to the Service 
Academy under the jurisdiction of that Secretary; and 
‘‘(B) the number of persons that may be selected from 
each country. 
‘‘(3) QUALIFICATIONS
AND
SELECTION.—The Secretary of 
each military department— 
‘‘(A) may establish entrance qualifications and methods 
of competition for selection among individual applicants 
under this subsection; and 
‘‘(B) shall select those persons who will be permitted 
to receive instruction at the Service Academy under the 
jurisdiction of the Secretary under this subsection. 
‘‘(4) SELECTION
PRIORITY
TO
PERSONS
WITH
NATIONAL 
SERVICE OBLIGATION UPON GRADUATION.—In selecting persons 
10 USC 347. 
10 USC 2241 
prec. 
10 USC 345 note. 
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130 STAT. 2523 
PUBLIC LAW 114–328—DEC. 23, 2016 
to receive instruction under this subsection from among 
applicants from the countries approved under paragraph (2), 
the Secretary of the military department concerned shall give 
a priority to persons who have a national service obligation 
to their countries upon graduation from the Service Academy 
concerned. 
‘‘(5) PAY, ALLOWANCES, AND
EMOLUMENTS
OF
PERSONS 
ADMITTED.—A person receiving instruction under this sub-
section is entitled to the pay, allowances, and emoluments 
of a cadet or midshipman appointed from the United States, 
and from the same appropriations. 
‘‘(6) REIMBURSEMENT OF COSTS BY FOREIGN COUNTRIES FROM 
WHICH PERSONS ARE ADMITTED.— 
‘‘(A) REIMBURSEMENT REQUIRED.—Each foreign country 
from which a cadet or midshipman is permitted to receive 
instruction at one of the Service Academies under this 
subsection shall reimburse the United States for the cost 
of providing such instruction, including the cost of pay, 
allowances, and emoluments provided under paragraph (5). 
The Secretaries of the military departments shall prescribe 
the rates for reimbursement under this paragraph, except 
that the reimbursement rates may not be less than the 
cost to the United States of providing such instruction, 
including pay, allowances, and emoluments, to a cadet 
or midshipman appointed from the United States. 
‘‘(B) WAIVER
AUTHORITY.—The Secretary of Defense 
may waive, in whole or in part, the requirement for 
reimbursement of the cost of instruction for a cadet or 
midshipman under subparagraph (A). In the case of a 
partial waiver, the Secretary of Defense shall establish 
the amount waived. 
‘‘(7) APPLICABILITY OF ACADEMY REGULATIONS, ETC..— 
‘‘(A) IN GENERAL.—Except as the Secretary of the mili-
tary department concerned determines, a person receiving 
instruction under this subsection at the Service Academy 
under the jurisdiction of that Secretary is subject to the 
same regulations governing admission, attendance, dis-
cipline, resignation, discharge, dismissal, and graduation 
as a cadet or midshipman at that Academy appointed from 
the United States. 
‘‘(B) CLASSIFIED INFORMATION.—The Secretary of the 
military department concerned may prescribe regulations 
with respect to access to classified information by a person 
receiving instruction under this subsection at the Service 
Academy under the jurisdiction of that Secretary that differ 
from the regulations that apply to a cadet or midshipman 
at that Academy appointed from the United States. 
‘‘(8) INELIGIBILITY FOR APPOINTMENT IN THE UNITED STATES 
ARMED FORCES.—A person receiving instruction at a Service 
Academy under this subsection is not entitled to an appoint-
ment in an armed force of the United States by reason of 
graduation from the Academy. 
‘‘(9) INAPPLICABILITY OF REQUIREMENT FOR TAKING OATH 
OF ADMISSION.—A person receiving instruction under this sub-
section is not subject to section 4346(d), 6958(d), or 9346(d) 
of this title, as the case may be. 
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130 STAT. 2524 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(b) EXCHANGE PROGRAMS WITH FOREIGN MILITARY ACAD-
EMIES.— 
‘‘(1) EXCHANGE PROGRAMS AUTHORIZED.—The Secretary of 
a military department may permit a student enrolled at a 
military academy of a foreign country to receive instruction 
at the Service Academy under the jurisdiction of that Secretary 
in exchange for a cadet or midshipman receiving instruction 
at that foreign military academy pursuant to an exchange 
agreement entered into between the Secretary and appropriate 
officials of the foreign country. A student receiving instruction 
at a Service Academy under the exchange program under this 
subsection shall be in addition to persons receiving instruction 
at the Academy under subsection (a). 
‘‘(2) 
LIMITATIONS
ON
NUMBER
AND
DURATION
OF 
EXCHANGES.—An exchange agreement under this subsection 
between the Secretary and a foreign country shall provide 
for the exchange of students on a one-for-one basis each fiscal 
year. Not more than 100 cadets or midshipmen from each 
Service Academy and a comparable number of students from 
foreign military academies participating in the exchange pro-
gram may be exchanged during any fiscal year. The duration 
of an exchange may not exceed the equivalent of one academic 
semester at a Service Academy. 
‘‘(3) COSTS AND EXPENSES.— 
‘‘(A) NO PAY AND ALLOWANCES.—A student from a mili-
tary academy of a foreign country is not entitled to the 
pay, allowances, and emoluments of a cadet or midshipman 
by reason of attendance at a Service Academy under the 
exchange program, and the Department of Defense may 
not incur any cost of international travel required for 
transportation of such a student to and from the sponsoring 
foreign country. 
‘‘(B) SUBSISTENCE, TRANSPORTATION, ETC..—The Sec-
retary of the military department concerned may provide 
a student from a foreign country under the exchange pro-
gram, during the period of the exchange, with subsistence, 
transportation within the continental United States, 
clothing, health care, and other services to the same extent 
that the foreign country provides comparable support and 
services to the exchanged cadet or midshipman in that 
foreign country. 
‘‘(C) SOURCE OF FUNDS.—A Service Academy shall bear 
all costs of the exchange program from funds appropriated 
for that Academy and from such additional funds as may 
be available to that Academy from a source, other than 
appropriated funds, to support cultural immersion, regional 
awareness, or foreign language training activities in 
connection with the exchange program. 
‘‘(D) LIMITATION ON EXPENDITURES.—Expenditures in 
support of the exchange program from funds appropriated 
for each Academy may not exceed $1,000,000 during any 
fiscal year. 
‘‘(4) APPLICATION OF OTHER LAWS.—Paragraphs (7), (8), and 
(9) of subsection (a) shall apply with respect to a student 
enrolled at a military academy of a foreign country while 
attending a Service Academy under the exchange program. 
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130 STAT. 2525 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(5) REGULATIONS.—The Secretary of the military depart-
ment concerned shall prescribe regulations to implement this 
subsection. Such regulations may include qualification criteria 
and methods of selection for students of foreign military acad-
emies to participate in the exchange program. 
‘‘(c) FOREIGN AND CULTURAL EXCHANGE ACTIVITIES.— 
‘‘(1) ATTENDANCE AUTHORIZED.—The Secretary of a military 
department may authorize the Service Academy under the juris-
diction of that Secretary to permit students, officers, and other 
representatives of a foreign country to attend that Academy 
for periods of not more than four weeks if the Secretary deter-
mines that the attendance of such persons contributes signifi-
cantly to the development of foreign language, cross-cultural 
interactions and understanding, and cultural immersion of 
cadets or midshipmen, as the case may be. 
‘‘(2) EFFECT OF ATTENDANCE.—Persons attending a Service 
Academy under paragraph (1) are not considered to be students 
enrolled at that Academy and are in addition to persons 
receiving instruction at that Academy under subsection (a) 
or (b). 
‘‘(3) FINANCIAL MATTERS.— 
‘‘(A) COSTS AND EXPENSES.—The Secretary of a military 
department may pay the travel, subsistence, and similar 
personal expenses of persons incurred to attend the Service 
Academy under the jurisdiction of that Secretary under 
paragraph (1). 
‘‘(B) SOURCE OF FUNDS.—Each Service Academy shall 
bear the costs of the attendance of persons at that Academy 
under paragraph (1) from funds appropriated for that 
Academy and from such additional funds as may be avail-
able to that Academy from a source, other than appro-
priated funds, to support cultural immersion, regional 
awareness, or foreign language training activities in 
connection with their attendance. 
‘‘(C) LIMITATION
ON
EXPENDITURES.—Expenditures 
from appropriated funds in support of activities under this 
subsection for any Service Academy may not exceed $40,000 
during any fiscal year. 
‘‘(d) SERVICE ACADEMY DEFINED.—In this section, the term 
‘Service Academy’ means the following: 
‘‘(1) The United States Military Academy. 
‘‘(2) The United States Naval Academy. 
‘‘(3) The United States Air Force Academy.’’. 
(b) CONFORMING REPEALS.— 
(1) REPEALS.—Sections 4344, 4345, 4345a, 6957, 6957a, 
6957b, 9344, 9345, and 9345a of title 10, United States Code, 
are repealed. 
(2) CLERICAL AMENDMENTS.— 
(A) The table of sections at the beginning of chapter 
403 of such title is amended by striking the items relating 
to sections 4344, 4345, and 4345a. 
(B) The table of sections at the beginning of chapter 
603 of such title is amended by striking the items relating 
to sections 6957, 6957a, and 6957b. 
(C) The table of sections at the beginning of chapter 
903 of such title is amended by striking the items relating 
to sections 9344, 9345, and 9345a. 
10 USC 9331 
prec. 
10 USC 6951. 
10 USC 4331 
prec. 
10 USC 
4344–4345a, 
6957–6957b, 
9344–9345a. 
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130 STAT. 2526 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERA-
TION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT 
OF DEFENSE. 
(a) IN GENERAL.—Chapter 16 of title 10, United States Code, 
as added by section 1241(a)(3) of this Act, is amended by inserting 
after the table at the beginning of subchapter VII the following 
new section: 
‘‘§ 381. Consolidated budget 
‘‘(a) CONSOLIDATED BUDGET.—The budget of the President for 
each fiscal year, as submitted to Congress by the President pursuant 
to section 1105 of title 31, shall set forth by budget function and 
as a separate item the amounts requested for the Department 
of Defense for such fiscal year for all security cooperation programs 
and activities of the Department of Defense, including the military 
departments, to be conducted in such fiscal year, including the 
specific country or region and the applicable authority, to the extent 
practicable. 
‘‘(b) QUARTERLY REPORT ON USE OF FUNDS.—Not later than 
30 days after the end of each calendar quarter, the Secretary 
shall submit to the appropriate committees of Congress a report 
on the obligation and expenditure of funds for security cooperation 
programs and activities of the Department of Defense during such 
calendar quarter.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act, and 
shall apply as follows: 
(1) Subsection (a) of section 381 of title 10, United States 
Code, as added by subsection (a), shall apply to budgets sub-
mitted to Congress by the President pursuant to section 1105 
of title 31, United States Code, for each fiscal year after fiscal 
year 2018. 
(2) Subsection (b) of such section 381, as so added, shall 
apply to calendar quarters beginning on or after the date of 
the enactment of this Act. 
SEC. 1250. DEPARTMENT OF DEFENSE SECURITY COOPERATION 
WORKFORCE DEVELOPMENT. 
(a) IN GENERAL.—Chapter 16 of title 10, United States Code, 
as added by section 1241(a)(3) of this Act, is amended by inserting 
after section 383, as added by section 1241(m) of this Act, the 
following new section: 
‘‘§ 384. 
Department 
of 
Defense 
security 
cooperation 
workforce development 
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 
out a program to be known as the ‘Department of Defense Security 
Cooperation Workforce Development Program’ (in this section 
referred to as the ‘Program’) to oversee the development and 
management of a professional workforce supporting security 
cooperation programs and activities of the Department of Defense, 
including— 
‘‘(1) assessment, planning, monitoring, execution, evalua-
tion, and administration of such programs and activities under 
this chapter; and 
10 USC 384. 
10 USC 381 note. 
10 USC 381. 
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130 STAT. 2527 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) execution of security assistance programs and activities 
under the Foreign Assistance Act of 1961 and the Arms Export 
Control Act by the Department of Defense. 
‘‘(b) PURPOSE.—The purpose of the Program is to improve the 
quality and professionalism of the security cooperation workforce 
in order to ensure that the workforce— 
‘‘(1) has the capacity, in both personnel and skills, needed 
to properly perform its mission, provide appropriate support 
to the assessment, planning, monitoring, execution, evaluation, 
and administration of security cooperation programs and activi-
ties described in subsection (a), and ensure that the Department 
receives the best value for the expenditure of public resources 
on such programs and activities; and 
‘‘(2) is assigned in a manner that ensures personnel with 
the appropriate level of expertise and experience are assigned 
in sufficient numbers to fulfill requirements for the security 
cooperation programs and activities of the Department of 
Defense and the execution of security assistance programs and 
activities described in subsection (a)(2). 
‘‘(c) ELEMENTS.—The Program shall consist of such elements 
relating to the development and management of the security 
cooperation workforce as the Secretary considers appropriate for 
the purposes specified in subsection (b), including elements on 
training, certification, assignment, and career development of per-
sonnel of the security cooperation workforce. 
‘‘(d) MANAGEMENT.—The Program shall be managed by the 
Director of the Defense Security Cooperation Agency. 
‘‘(e) GUIDANCE.— 
‘‘(1) INTERIM GUIDANCE.—Not later than 180 days after 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2017, the Secretary shall issue interim 
guidance for the execution and administration of the Program. 
‘‘(2) FINAL GUIDANCE.—Not later than one year after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2017, the Secretary shall issue final guid-
ance for the execution and administration of the Program. 
‘‘(3) SCOPE OF GUIDANCE.—The guidance shall do the fol-
lowing: 
‘‘(A) Provide direction to the Department of Defense 
on the establishment of professional career paths for the 
personnel of the security cooperation workforce, addressing 
training and education standards, promotion opportunities 
and requirements, retention policies, and scope of workforce 
demands. 
‘‘(B) Provide for a mechanism to identify and define 
training and certification requirements for security coopera-
tion positions in the Department and a means to track 
workforce skills and certifications. 
‘‘(C) Provide for a mechanism to establish a program 
of professional certification in Department of Defense secu-
rity cooperation for personnel of the security cooperation 
workforce in different career tracks and levels of com-
petency based on requisite training and experience. 
‘‘(D) Establish requirements for training and profes-
sional development associated with each level of certifi-
cation provided for under subparagraph (C). 
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130 STAT. 2528 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(E) Establish and maintain a school to train, educate, 
and certify the security cooperation workforce according 
to standards developed for purposes of subparagraph (C). 
‘‘(F) Provide for a mechanism for assigning appro-
priately certified personnel of the security cooperation 
workforce to assignments associated with key positions in 
connection with security cooperation programs and activi-
ties. 
‘‘(G) Identify the appropriate composition of career and 
temporary personnel necessary to constitute the security 
cooperation workforce. 
‘‘(H) Identify specific positions throughout the security 
cooperation workforce to be managed and assigned through 
the Program. 
‘‘(f) SOURCE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds available to the Defense Security 
Cooperation Agency, and other funds available to the Depart-
ment of Defense for security cooperation programs and activities 
of the Department of Defense, may be used to carry out the 
Program. 
‘‘(2) BUDGET JUSTIFICATION.—Funds necessary to carry out 
the Program as described in paragraph (1) for a fiscal year 
shall be identified, with appropriate justification, in the consoli-
dated budget for such fiscal year required by section 381 of 
this title. 
‘‘(g) USE OF FUNDS.—Amounts available for use for the Program 
may be transferred to any account of the military departments 
or the Defense Agencies for purposes of the Program. 
‘‘(h) SECURITY COOPERATION WORKFORCE DEFINED.—In this sec-
tion, the term ‘security cooperation workforce’ means the following: 
‘‘(1) Members of the armed forces and civilian employees 
of the Department of Defense working in the security coopera-
tion organizations of United States missions overseas. 
‘‘(2) Members of the armed forces and civilian employees 
of the Department of Defense in the geographic combatant 
commands and functional combatant commands responsible for 
planning, monitoring, or conducting security cooperation activi-
ties. 
‘‘(3) Members of the armed forces and civilian employees 
of the Department of Defense in the military departments 
performing security cooperation activities, including activities 
in connection with the acquisition and development of tech-
nology release policies. 
‘‘(4) Other military and civilian personnel of Defense Agen-
cies and Field Activities who perform security cooperation 
activities. 
‘‘(5) Personnel of the Department of Defense who perform 
assessments, monitoring, or evaluations of security cooperation 
programs and activities of the Department of Defense, including 
assessments under section 383 of this title. 
‘‘(6) Other members of the armed forces or civilian 
employees of the Department of Defense who contribute signifi-
cantly to the security cooperation programs and activities of 
the Department of Defense by virtue of their assigned duties, 
as determined pursuant to the guidance issued under sub-
section (e).’’. 
(b) REPORTS ON WORKFORCE DEVELOPMENT.— 
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130 STAT. 2529 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Not later than March 1, 2018, and each 
year thereafter through 2021, the Secretary of Defense shall 
submit to the appropriate committees of Congress a report 
on the Department of Defense Security Cooperation Workforce 
Development Program required by section 384 of title 10, 
United States Code, as added by subsection (a), for the fiscal 
year beginning in the year in which such report is submitted. 
(2) ELEMENTS.—Each report under this subsection shall 
include, for the fiscal year covered by such report, the following: 
(A) The funds requested or allocated for the Depart-
ment of Defense Security Cooperation Workforce Develop-
ment Program and for the security cooperation workforce. 
(B) A description of how the funds identified pursuant 
to subparagraph (A) will be implemented for the following: 
(i) To address any gaps in the skills and com-
petencies of the current or anticipated security coopera-
tion workforce 
(ii) To provide incentives to retain qualified, experi-
enced personnel in the security cooperation workforce. 
(iii) To provide incentives to attract and recruit 
new, high-quality personnel to the security cooperation 
workforce. 
(C) Any other matters the Secretary considers appro-
priate. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘appropriate committees of Congress’’ 
has the meaning given that term in section 301(1) of title 
10, United States Code, as added by section 1241(a)(3) 
of this Act. 
(B) The term ‘‘security cooperation workforce’’ has the 
meaning given that term in section 384(h) of title 10, 
United States Code, as added by subsection (a). 
SEC. 1251. REPORTING REQUIREMENTS. 
(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION 
ACTIVITIES.—Chapter 16 of title 10, United States Code, as added 
by section 1241(a)(3) of this Act, is amended by inserting after 
section 385, as added by section 1241(m) of this Act, a new section 
386 consisting of— 
(1) a heading as follows: 
‘‘§ 386. Annual report’’; and 
(2) a text consisting of subsections (a) through (e) of section 
1211 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 
113–291; 128 Stat. 3544). 
(b) REVISIONS TO PROVIDE FOR PERMANENT, ANNUAL REPORT.— 
Subsection (a) of section 386 of title 10, United States Code, as 
added by subsection (a) of this section, is amended— 
(1) by striking ‘‘BIENNIAL’’ and all that follows through 
‘‘the Secretary of Defense’’ and inserting ‘‘ANNUAL REPORT 
REQUIRED.—Not later than January 31 of each year beginning 
in 2018, the Secretary of Defense’’; 
(2) by striking ‘‘congressional defense committees’’ and 
inserting ‘‘appropriate congressional committees’’; 
(3) by inserting ‘‘under the authorities in subsection (c)’’ 
after ‘‘Department of Defense’’; 
10 USC 386 note. 
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130 STAT. 2530 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) by striking ‘‘security assistance’’ and inserting ‘‘assist-
ance’’; 
(5) by striking ‘‘the two fiscal years’’ and inserting ‘‘the 
fiscal year’’; and 
(6) by striking ‘‘under the authorities in subsection (c)’’ 
after ‘‘submitted’’. 
(c) ELEMENTS OF REPORT.—Subsection (b) of such section 386, 
as so added, is amended— 
(1) in paragraph (1), by inserting ‘‘, duration,’’ after ‘‘pur-
pose’’; 
(2) in paragraph (2), by striking ‘‘The cost’’ and inserting 
‘‘The cost and expenditures’’; 
(3) by adding at the end the following: 
‘‘(4) For each foreign country in which defense articles, 
defense services, supplies (including consumables), small-scale 
construction, or reimbursement were provided, a description 
of the extent of participation, if any, by the military forces 
and security forces or other government organizations of such 
foreign country. 
‘‘(5) The number of members of the United States armed 
forces involved in providing such defense articles, defense serv-
ices, supplies (including consumables), and small-scale construc-
tion, and, if applicable, a description of the military benefits 
for such members involved in providing such training, equip-
ment, or assistance. 
‘‘(6) A summary, by authority, of the activities carried 
out under each authority specified in subsection (c).’’. 
(d) MODIFICATION TO SPECIFIED AUTHORITIES.—Subsection (c) 
of such section 386, as so added, is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph (1): 
‘‘(1) Sections 311, 321, 331, 332, 333, 344, 348, 349, and 
350 of this title.’’; 
(2) by striking paragraphs (4), (5), (7), (10), (11), and (12); 
(3) by redesignating paragraphs (6), (8), (9), and (13) 
through (16) as paragraphs (4) through (10), respectively; 
(4) by inserting after paragraph (10), as redesignated by 
paragraph (3) of this subsection, the following new paragraphs: 
‘‘(11) Section 401 of this title, relating to humanitarian 
and civic assistance provided in conjunction with military oper-
ations. 
‘‘(12) Section 1206 of the Carl Levin and Howard P. ‘Buck’ 
McKeon National Defense Authorization Act for Fiscal Year 
2015 (128 Stat. 3538; 10 U.S.C. 2282 note), relating to authority 
to conduct human rights training of security forces and associ-
ated security ministries of foreign countries.’’; 
(5) by redesignating paragraph (17) as paragraph (13); 
and 
(6) by striking ‘‘of title 10, United States Code’’ each place 
it appears and inserting ‘‘of this title’’. 
(e) MODIFICATION OF NONDUPLICATION OF EFFORT REQUIRE-
MENT.—Subsection (d) of such section 386, as so added, is 
amended— 
(1) by striking ‘‘If any information’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
if any information’’; and 
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130 STAT. 2531 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) by adding at the end the following new paragraph: 
‘‘(2) EXCEPTION.—Paragraph (1) does not apply with respect 
to information required under subsection (a) that is required 
to be submitted as described in paragraphs (1) and (2) of 
subsection (b).’’. 
(f) FORM.—Subsection (e) of such section 386, as so added, 
is amended by inserting ‘‘that may also include other sensitive 
information’’ after ‘‘annex’’. 
(g) CONFORMING REPEAL.—Section 1211 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act 
for Fiscal Year 2015 is repealed. 
SEC. 1252. QUADRENNIAL REVIEW OF SECURITY SECTOR ASSISTANCE 
PROGRAMS AND AUTHORITIES OF THE UNITED STATES 
GOVERNMENT. 
(a) STATEMENT OF POLICY.—It is the policy of the United States 
that the principal goals of the security sector assistance programs 
and authorities of the United States Government are as follows: 
(1) To assist partner nations in building sustainable capa-
bility to address common security challenges with the United 
States. 
(2) To promote partner nation support for United States 
interests. 
(3) To promote universal values, such as good governance, 
transparent and accountable oversight of security forces, rule 
of law, transparency, accountability, delivery of fair and effec-
tive justice, and respect for human rights. 
(4) To strengthen collective security and multinational 
defense arrangements and organizations of which the United 
States is a participant. 
(b) QUADRENNIAL REVIEW.— 
(1) REVIEW REQUIRED.—Not later than January 31, 2018, 
and every four years thereafter though 2034, the President 
shall complete a review of the security sector assistance pro-
grams, policies, authorities, and resources of the United States 
Government across the United States Government. 
(2) ELEMENTS.—Each review under this subsection shall 
include the following: 
(A) An examination whether the current security sector 
assistance programs, policies, authorities, and resources 
of the United States Government are sufficient to achieve 
the goals specified in subsection (a), and an identification 
of any gaps or shortfalls needing mitigation. 
(B) An examination of the success of such programs 
and resources in achieving such goals, based on a review 
of relevant departmental and interagency programmatic 
and strategic evaluations. 
(C) An examination of the extent to which the security 
sector assistance of the United States Government is 
aligned with national security and foreign policy objectives, 
conducted in support of clear and coherent policy guidance, 
and planned and executed in accordance with identified 
best practices. 
(D) The development of recommendations, as appro-
priate, for improving the security sector assistance pro-
grams, policies, authorities, and resources of the United 
States Government to more effectively achieve the goals 
10 USC 301 note. 
128 Stat. 3544. 
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130 STAT. 2532 
PUBLIC LAW 114–328—DEC. 23, 2016 
specified in subsection (a) and support other national secu-
rity objectives. 
(3) SUBMITTAL TO CONGRESS.—Not later than 60 days after 
the completion of a review under this subsection, the President 
shall submit to the appropriate committees of Congress a report 
setting forth a summary of the review, including any rec-
ommendations developed pursuant to paragraph (2)(D). 
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 
this subsection, the term ‘‘appropriate committees of Congress’’ 
has the meaning given that term in section section 301(1) 
of title 10, United States Code, as added by section 1241(a)(3) 
of this Act. 
SEC. 1253. OTHER CONFORMING AMENDMENTS AND AUTHORITY FOR 
ADMINISTRATION. 
(a) REPEAL OF OTHER SUPERSEDED, OBSOLETE, OR DUPLICATIVE 
STATUTES.— 
(1) IN
GENERAL.—The following provisions of title 10, 
United States Code, are repealed: 
(A) Section 168, relating to military-to-military contacts 
and comparable activities. 
(B) Section 1051c, relating to assignment of members 
of foreign military forces to improve education and training 
in information security through multilateral, bilateral, or 
regional cooperation programs. 
(C) Section 2562, relating to a limitation on use of 
excess construction or fire equipment from Department 
of Defense stocks in foreign assistance or military sales 
programs. 
(D) Sections 4681 and 9681, relating to sale of surplus 
war material to States and foreign governments. 
(2) CLERICAL AMENDMENTS.—Title 10, United States Code, 
is amended as follows: 
(A) The table of sections at the beginning of chapter 
6 is amended by striking the item relating to section 168. 
(B) The table of sections at the beginning of chapter 
53 is amended by striking the item relating to section 
1051c. 
(C) The table of sections at the beginning of chapter 
152 is amended by striking the item relating to section 
2562. 
(D) The table of sections at the beginning of chapter 
443 is amended by striking the item relating to section 
4681. 
(E) The table of sections at the beginning of chapter 
943 is amended by striking the item relating to section 
9681. 
(b) SAVINGS CLAUSE.—Any determination or other action made 
or taken before the date of the enactment of this Act under a 
provision of law transferred or repealed by this subchapter that 
is in effect as of the date of the enactment of this Act and is 
necessary for the administration of a successor authority to such 
provision of law under chapter 16 of title 10, United States Code, 
by reason of the enactment of such chapter by this subchapter 
shall remain in effect, in accordance with the terms of such deter-
mination or action when made or taken, for purposes of the adminis-
tration of such successor authority. 
10 USC 301 note. 
10 USC 9681 
prec. 
10 USC 4681 
prec. 
10 USC 2551 
prec. 
10 USC 1030 
prec. 
10 USC 161 prec. 
10 USC 168. 
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130 STAT. 2533 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) REPORT ON DISCHARGE OF CERTAIN ACTIVITIES UNDER NEW 
SECURITY COOPERATION AUTHORITY.— 
(1) IN GENERAL.—Not later than October 1, 2017, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report setting forth a description of any gaps 
that exist between applicable authorities in chapter 16 of title 
10, United States Code, as added by section 1241(a)(3) of this 
Act, and the current law or other authorities under which 
activities under the initiatives specified in paragraph (2) are 
carried out. 
(2) INITIATIVES.—The initiatives specified in this paragraph 
are the following: 
(A) The Southeast Asia Maritime Security Initiative. 
(B) The Ukraine Security Assistance Initiative. 
(3) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) A description of each discrete set of activities under 
an initiative specified in paragraph (2) for which gaps 
exist between the applicable authorities in chapter 16 of 
title 10, United States Code, as so added, and current 
law or other authorities under which such activities are 
carried out. 
(B) For each discrete set of activities covered by 
subparagraph (A), the following: 
(i) A description of the gaps described in subpara-
graph (A). 
(ii) Recommendations for legislative or administra-
tive action to address such gaps. 
Subtitle F—Human Rights Sanctions 
SEC. 1261. SHORT TITLE. 
This subtitle may be cited as the ‘‘Global Magnitsky Human 
Rights Accountability Act’’. 
SEC. 1262. DEFINITIONS. 
In this subtitle: 
(1) FOREIGN PERSON.—The term ‘‘foreign person’’ has the 
meaning given that term in section 595.304 of title 31, Code 
of Federal Regulations (as in effect on the day before the 
date of the enactment of this Act). 
(2) GROSS
VIOLATIONS
OF
INTERNATIONALLY
RECOGNIZED 
HUMAN RIGHTS.—The term ‘‘gross violations of internationally 
recognized human rights’’ has the meaning given that term 
in section 502B(d)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2304(d)(1)). 
(3) PERSON.—The term ‘‘person’’ has the meaning given 
that term in section 591.308 of title 31, Code of Federal Regula-
tions (as in effect on the day before the date of the enactment 
of this Act). 
(4) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ has the meaning given that term in section 595.315 of 
title 31, Code of Federal Regulations (as in effect on the day 
before the date of the enactment of this Act). 
22 USC 2656 
note. 
Global Magnitsky 
Human Rights 
Accountability 
Act. 
22 USC 2656 
note. 
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130 STAT. 2534 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1263. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 
(a) IN GENERAL.—The President may impose the sanctions 
described in subsection (b) with respect to any foreign person the 
President determines, based on credible evidence— 
(1) is responsible for extrajudicial killings, torture, or other 
gross violations of internationally recognized human rights com-
mitted against individuals in any foreign country who seek— 
(A) to expose illegal activity carried out by government 
officials; or 
(B) to obtain, exercise, defend, or promote internation-
ally recognized human rights and freedoms, such as the 
freedoms of religion, expression, association, and assembly, 
and the rights to a fair trial and democratic elections; 
(2) acted as an agent of or on behalf of a foreign person 
in a matter relating to an activity described in paragraph 
(1); 
(3) is a government official, or a senior associate of such 
an official, that is responsible for, or complicit in, ordering, 
controlling, or otherwise directing, acts of significant corruption, 
including the expropriation of private or public assets for per-
sonal gain, corruption related to government contracts or the 
extraction of natural resources, bribery, or the facilitation or 
transfer of the proceeds of corruption to foreign jurisdictions; 
or 
(4) has materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services in 
support of, an activity described in paragraph (3). 
(b) SANCTIONS DESCRIBED.—The sanctions described in this 
subsection are the following: 
(1) INADMISSIBILITY TO UNITED STATES.—In the case of a 
foreign person who is an individual— 
(A) ineligibility to receive a visa to enter the United 
States or to be admitted to the United States; or 
(B) if the individual has been issued a visa or other 
documentation, revocation, in accordance with section 
221(i) of the Immigration and Nationality Act (8 U.S.C. 
1201(i)), of the visa or other documentation. 
(2) BLOCKING OF PROPERTY.— 
(A) IN
GENERAL.—The blocking, in accordance with 
the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), of all transactions in all property 
and interests in property of a foreign person if such prop-
erty and interests in property are in the United States, 
come within the United States, or are or come within 
the possession or control of a United States person. 
(B) INAPPLICABILITY OF NATIONAL EMERGENCY REQUIRE-
MENT.—The requirements of section 202 of the Inter-
national Emergency Economic Powers Act (50 U.S.C. 1701) 
shall not apply for purposes of this section. 
(C) EXCEPTION RELATING TO IMPORTATION OF GOODS.— 
(i) IN GENERAL.—The authority to block and pro-
hibit all transactions in all property and interests in 
property under subparagraph (A) shall not include the 
authority to impose sanctions on the importation of 
goods. 
(ii) GOOD.—In this subparagraph, the term ‘‘good’’ 
has the meaning given that term in section 16 of 
22 USC 2656 
note. 
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130 STAT. 2535 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Export Administration Act of 1979 (50 U.S.C. 4618) 
(as continued in effect pursuant to the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.)). 
(c) CONSIDERATION
OF CERTAIN INFORMATION
IN IMPOSING 
SANCTIONS.—In determining whether to impose sanctions under 
subsection (a), the President shall consider— 
(1) information provided jointly by the chairperson and 
ranking member of each of the appropriate congressional 
committees; and 
(2) credible information obtained by other countries and 
nongovernmental organizations that monitor violations of 
human rights. 
(d) REQUESTS BY APPROPRIATE CONGRESSIONAL COMMITTEES.— 
(1) IN GENERAL.—Not later than 120 days after receiving 
a request that meets the requirements of paragraph (2) with 
respect to whether a foreign person has engaged in an activity 
described in subsection (a), the President shall— 
(A) determine if that person has engaged in such an 
activity; and 
(B) submit a classified or unclassified report to the 
chairperson and ranking member of the committee or 
committees that submitted the request with respect to that 
determination that includes— 
(i) a statement of whether or not the President 
imposed or intends to impose sanctions with respect 
to the person; and 
(ii) if the President imposed or intends to impose 
sanctions, a description of those sanctions. 
(2) REQUIREMENTS.— 
(A) REQUESTS
RELATING
TO
HUMAN
RIGHTS
VIOLA-
TIONS.—A request under paragraph (1) with respect to 
whether a foreign person has engaged in an activity 
described in paragraph (1) or (2) of subsection (a) shall 
be submitted to the President in writing jointly by the 
chairperson and ranking member of one of the appropriate 
congressional committees. 
(B) REQUESTS RELATING TO CORRUPTION.—A request 
under paragraph (1) with respect to whether a foreign 
person has engaged in an activity described in paragraph 
(3) or (4) of subsection (a) shall be submitted to the Presi-
dent in writing jointly by the chairperson and ranking 
member of— 
(i) one of the appropriate congressional committees 
of the Senate; and 
(ii) one of the appropriate congressional commit-
tees of the House of Representatives. 
(e) EXCEPTION TO COMPLY WITH UNITED NATIONS HEAD-
QUARTERS AGREEMENT AND LAW ENFORCEMENT OBJECTIVES.—Sanc-
tions under subsection (b)(1) shall not apply to an individual if 
admitting the individual into the United States would further 
important law enforcement objectives or is necessary to permit 
the United States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake Success June 
26, 1947, and entered into force November 21, 1947, between the 
United Nations and the United States, or other applicable inter-
national obligations of the United States. 
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130 STAT. 2536 
PUBLIC LAW 114–328—DEC. 23, 2016 
(f) ENFORCEMENT OF BLOCKING OF PROPERTY.—A person that 
violates, attempts to violate, conspires to violate, or causes a viola-
tion of a sanction described in subsection (b)(2) that is imposed 
by the President or any regulation, license, or order issued to 
carry out such a sanction shall be subject to the penalties set 
forth in subsections (b) and (c) of section 206 of the International 
Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
extent as a person that commits an unlawful act described in 
subsection (a) of that section. 
(g) TERMINATION OF SANCTIONS.—The President may terminate 
the application of sanctions under this section with respect to 
a person if the President determines and reports to the appropriate 
congressional committees not later than 15 days before the termi-
nation of the sanctions that— 
(1) credible information exists that the person did not 
engage in the activity for which sanctions were imposed; 
(2) the person has been prosecuted appropriately for the 
activity for which sanctions were imposed; 
(3) the person has credibly demonstrated a significant 
change in behavior, has paid an appropriate consequence for 
the activity for which sanctions were imposed, and has credibly 
committed to not engage in an activity described in subsection 
(a) in the future; or 
(4) the termination of the sanctions is in the national 
security interests of the United States. 
(h) REGULATORY AUTHORITY.—The President shall issue such 
regulations, licenses, and orders as are necessary to carry out 
this section. 
(i) IDENTIFICATION OF SANCTIONABLE FOREIGN PERSONS.—The 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor, in consultation with the Assistant Secretary of State for 
Consular Affairs and other bureaus of the Department of State, 
as appropriate, is authorized to submit to the Secretary of State, 
for review and consideration, the names of foreign persons who 
may meet the criteria described in subsection (a). 
(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Banking, Housing, and Urban Affairs 
and the Committee on Foreign Relations of the Senate; and 
(2) the Committee on Financial Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1264. REPORTS TO CONGRESS. 
(a) IN GENERAL.—The President shall submit to the appropriate 
congressional committees, in accordance with subsection (b), a 
report that includes— 
(1) a list of each foreign person with respect to which 
the President imposed sanctions pursuant to section 1263 
during the year preceding the submission of the report; 
(2) a description of the type of sanctions imposed with 
respect to each such person; 
(3) the number of foreign persons with respect to which 
the President— 
(A) imposed sanctions under section 1263(a) during 
that year; and 
22 USC 2656 
note. 
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130 STAT. 2537 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) terminated sanctions under section 1263(g) during 
that year; 
(4) the dates on which such sanctions were imposed or 
terminated, as the case may be; 
(5) the reasons for imposing or terminating such sanctions; 
and 
(6) a description of the efforts of the President to encourage 
the governments of other countries to impose sanctions that 
are similar to the sanctions authorized by section 1263. 
(b) DATES FOR SUBMISSION.— 
(1) INITIAL REPORT.—The President shall submit the initial 
report under subsection (a) not later than 120 days after the 
date of the enactment of this Act. 
(2) SUBSEQUENT REPORTS.— 
(A) IN GENERAL.—The President shall submit a subse-
quent report under subsection (a) on December 10, or the 
first day thereafter on which both Houses of Congress 
are in session, of— 
(i) the calendar year in which the initial report 
is submitted if the initial report is submitted before 
December 10 of that calendar year; and 
(ii) each calendar year thereafter. 
(B) CONGRESSIONAL STATEMENT.—Congress notes that 
December 10 of each calendar year has been recognized 
in the United States and internationally since 1950 as 
‘‘Human Rights Day’’. 
(c) FORM OF REPORT.— 
(1) IN GENERAL.—Each report required by subsection (a) 
shall be submitted in unclassified form, but may include a 
classified annex. 
(2) EXCEPTION.—The name of a foreign person to be 
included in the list required by subsection (a)(1) may be sub-
mitted in the classified annex authorized by paragraph (1) 
only if the President— 
(A) determines that it is vital for the national security 
interests of the United States to do so; 
(B) uses the annex in a manner consistent with 
congressional intent and the purposes of this subtitle; and 
(C) not later than 15 days before submitting the name 
in a classified annex, provides to the appropriate congres-
sional committees notice of, and a justification for, 
including the name in the classified annex despite any 
publicly available credible information indicating that the 
person engaged in an activity described in section 1263(a). 
(d) PUBLIC AVAILABILITY.— 
(1) IN GENERAL.—The unclassified portion of the report 
required by subsection (a) shall be made available to the public, 
including through publication in the Federal Register. 
(2) NONAPPLICABILITY OF CONFIDENTIALITY REQUIREMENT 
WITH RESPECT TO VISA RECORDS.—The President shall publish 
the list required by subsection (a)(1) without regard to the 
requirements of section 222(f) of the Immigration and Nation-
ality Act (8 U.S.C. 1202(f)) with respect to confidentiality of 
records pertaining to the issuance or refusal of visas or permits 
to enter the United States. 
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130 STAT. 2538 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Appropriations, the Committee on 
Banking, Housing, and Urban Affairs, the Committee on For-
eign Relations, and the Committee on the Judiciary of the 
Senate; and 
(2) the Committee on Appropriations, the Committee on 
Financial Services, the Committee on Foreign Affairs, and the 
Committee on the Judiciary of the House of Representatives. 
SEC. 1265. SUNSET. 
(a) IN GENERAL.—The authority to impose sanctions under 
this subtitle shall terminate on the date that is 6 years after 
the date of the enactment of this Act. 
(b) CONTINUATION
IN
EFFECT
OF
SANCTIONS.—Sanctions 
imposed under this subtitle on or before the date specified in 
subsection (a), and in effect as of such date, shall remain in effect 
until terminated in accordance with the requirements of section 
1263(g). 
Subtitle G—Miscellaneous Reports 
SEC. 1271. MODIFICATION OF ANNUAL REPORT ON MILITARY AND 
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S 
REPUBLIC OF CHINA. 
(a) ANNUAL REPORT.—Subsection (a) of section 1202 of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended by 
striking ‘‘March 1 each year’’ and inserting ‘‘January 31 of each 
year through January 31, 2021’’. 
(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section, 
as most recently amended by section 1252(a) of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3571), 
is further amended by adding at the end the following: 
‘‘(21) A summary of the order of battle of the People’s 
Liberation Army, including anti-ship ballistic missiles, theater 
ballistic missiles, and land attack cruise missile inventory. 
‘‘(22) A description of the People’s Republic of China’s mili-
tary and nonmilitary activities in the South China Sea.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
take effect on the date of the enactment of this Act and apply 
with respect to reports required to be submitted under subsection 
(a) of section 1202 of the National Defense Authorization Act for 
Fiscal Year 2000 on or after that date. 
SEC. 1272. MONITORING AND EVALUATION OF OVERSEAS HUMANI-
TARIAN, DISASTER, AND CIVIC AID PROGRAMS OF THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Of the amounts authorized to be appropriated 
by this Act for Overseas Humanitarian, Disaster, and Civic Aid, 
the Secretary of Defense is authorized to use up to 5 percent 
of such amounts to conduct monitoring and evaluation of programs 
that are funded using such amounts during fiscal years 2017 and 
2018. 
10 USC 113 note. 
22 USC 2656 
note. 
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130 STAT. 2539 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) BRIEFING.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall provide to 
the appropriate congressional committees a briefing on mechanisms 
to evaluate the programs conducted pursuant to the authorities 
listed in subsection (a). 
(c) DEFINITION.—In subsection (b), the term ‘‘appropriate 
congressional committees’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1273. STRATEGY FOR UNITED STATES DEFENSE INTERESTS IN 
AFRICA. 
(a) REQUIRED REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense, in coordina-
tion with the Secretary of State, shall submit to the congressional 
defense committees a report that contains the strategy for United 
States defense interests in Africa. 
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall address the following: 
(1) United States national security interests in Africa, 
including an assessment of threats to global and regional 
United States national security interests emanating from the 
continent. 
(2) United States defense objectives in Africa. 
(3) Courses of action to accomplish United States defense 
objectives in Africa, including those conducted in cooperation 
with other Federal agencies. 
(4) Measures to improve coordination between United 
States Africa Command and other combatant commands to 
achieve unity of effort to counter threats that cross combatant 
command boundaries. 
(5) Department of Defense capabilities and resources 
required to achieve defense objectives in Africa, and the mitiga-
tion plan to address any gaps in such capabilities or resources 
that affect the implementation of the strategy required by 
subsection (a). 
(6) Security cooperation initiatives to advance defense 
objectives in Africa. 
(7) Any other matters the Secretary of Defense determines 
to be appropriate. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may contain a classified annex 
if necessary. 
SEC. 1274. REPORT ON THE POTENTIAL FOR COOPERATION BETWEEN 
THE UNITED STATES AND ISRAEL ON DIRECTED ENERGY 
CAPABILITIES. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the appropriate committees of Congress a report on the potential 
for cooperative development by the United States and Israel of 
a directed energy capability to defeat ballistic missiles, cruise mis-
siles, unmanned aerial vehicles, mortars, and improvised explosive 
devices that threaten the United States, deployed forces of the 
United States, or Israel. The report shall include the following: 
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130 STAT. 2540 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) An assessment of the technological maturity of United 
States and Israeli directed energy capabilities to defeat 
adversary threat systems. 
(2) An assessment of the respective military capability gaps 
of each country that such directed energy developments could 
address. 
(3) An assessment of the opportunities for the United States 
and Israel to cooperate to develop directed energy capabilities 
to defeat adversary threat systems, including estimated costs 
of pursuing such opportunities. 
(4) An assessment of whether such opportunities should 
be pursued, including any potential risks from the pursuit 
of such opportunities. 
(5) Any other matters the Secretary considers appropriate. 
(b) FORM.—The report shall be submitted in unclassified form, 
but may include a classified annex. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives. 
SEC. 1275. ANNUAL UPDATE OF DEPARTMENT OF DEFENSE FREEDOM 
OF NAVIGATION REPORT. 
(a) IN GENERAL.—The Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives on an annual basis a report setting forth an 
update of the most current Department of Defense Freedom of 
Navigation Report under the Freedom of Navigation Operations 
(FONOPS) program. The purpose of each report shall be to docu-
ment the types and locations of excessive claims that the Armed 
Forces of the United States have challenged in the previous year 
in order to preserve the rights, freedoms, and uses of the sea 
and airspace guaranteed to all countries by international law. 
(b) ELEMENTS.—Each report under this section shall include, 
for the year covered by such report, the following: 
(1) Each excessive maritime claim challenged by the United 
States under the program referred to in subsection (a), 
including the country making each such claim. 
(2) The nature of each claim, including the geographic 
location or area covered by such claim (including the body 
of water and island grouping, when applicable). 
(3) The specific legal challenge asserted through the pro-
gram. 
(c) FORM.—Each report under this section shall be submitted 
in unclassified form. 
(d) SUNSET.—No report is required under this section after 
December 31, 2021. 
SEC. 1276. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY 
PILOTED AIRCRAFT SYSTEMS. 
(a) REPORT ON ASSESSMENT OF PROLIFERATION OF REMOTELY 
PILOTED AIRCRAFT SYSTEMS.—Not later than 6 months after the 
date of the enactment of this Act, the Chairman of the Joint 
Chiefs of Staff shall submit to the congressional defense committees 
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130 STAT. 2541 
PUBLIC LAW 114–328—DEC. 23, 2016 
a report setting forth an assessment, obtained by the Chairman 
for purposes of the report, of the impact to United States national 
security interests of the proliferation of remotely piloted aircraft 
that are assessed to be ‘‘Category I’’ items under the Missile Tech-
nology Control Regime (MTCR). 
(b) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The assessment obtained for purposes 
of subsection (a) shall be conducted by a federally funded 
research and development center (FFRDC), or another appro-
priate independent entity with expertise in the procurement 
and operation of remotely piloted aircraft, selected by the Chair-
man for purposes of the assessment. 
(2) USE OF PREVIOUS STUDIES.—The entity conducting the 
assessment may use and incorporate information from previous 
studies on matters appropriate to the assessment. 
(c) ELEMENTS.—The assessment obtained for purposes of sub-
section (a) shall include the following: 
(1) A qualitative and quantitative assessment of the scope 
and scale of the proliferation of remotely piloted aircraft that 
are ‘‘Category I’’ items under the Missile Technology Control 
Regime. 
(2) An assessment of the threat posed to United States 
interests as a result of the proliferation of such aircraft to 
adversaries. 
(3) An assessment of the impact of the proliferation of 
such aircraft on the combat capabilities of and interoperability 
with partners and allies of the United States. 
(4) An analysis of the degree to which the United States 
has limited the proliferation of such aircraft as a result of 
the application of a ‘‘strong presumption of denial’’ for exports 
of such aircraft. 
(5) An assessment of the benefits and risks of continuing 
to limit exports of such aircraft. 
(6) Such other matters as the Chairman considers appro-
priate. 
(d) FORM.—The report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
Subtitle H—Other Matters 
SEC. 1281. ENHANCEMENT OF INTERAGENCY SUPPORT DURING 
CONTINGENCY OPERATIONS AND TRANSITION PERIODS. 
(a) AUTHORITY.—The Secretary of Defense and the Secretary 
of State may enter into an agreement under which each Secretary 
may provide covered support, supplies, and services on a reimburse-
ment basis, or by exchange of covered support, supplies, and serv-
ices, to the other Secretary during a contingency operation and 
related transition period for up to 2 years following the end of 
such contingency operation. 
(b) AGREEMENT.—An agreement entered into under this section 
shall be in writing and shall include the following terms: 
(1) The price charged by a supplying agency shall be the 
direct costs that such agency incurred by providing the covered 
support, supplies, or services to the requesting agency under 
this section. 
10 USC 2333 
note. 
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130 STAT. 2542 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) Credits and liabilities of the agencies accrued as a 
result of acquisitions and transfers of covered support, supplies, 
and services under this section shall be liquidated not less 
often than once every 3 months by direct payment to the 
agency supplying such support, supplies, or services by the 
agency receiving such support, supplies, or services. 
(3) Exchange entitlements accrued as a result of acquisi-
tions and transfers of covered support, supplies, and services 
under this section shall be satisfied within 12 months after 
the date of the delivery of the covered support, supplies, or 
services. Exchange entitlements not so satisfied shall be imme-
diately liquidated by direct payment to the agency supplying 
such covered support, supplies, or services. 
(c) EFFECT OF OBLIGATION AND AVAILABILITY OF FUNDS.—An 
order placed by an agency pursuant to an agreement under this 
section is deemed to be an obligation in the same manner that 
a similar order placed under a contract with, or a contract for 
similar goods or services awarded to, a private contractor is an 
obligation. Appropriations remain available to pay an obligation 
to the servicing agency in the same manner as appropriations 
remain available to pay an obligation to a private contractor. 
(d) DEFINITIONS.—In this section: 
(1) COVERED SUPPORT, SUPPLIES, AND SERVICES.—The term 
‘‘covered support, supplies, and services’’ means food, billeting, 
transportation (including airlift), petroleum, oils, lubricants, 
communications services, medical services, ammunition, base 
operations support, use of facilities, spare parts and compo-
nents, repair and maintenance services, and calibration serv-
ices. 
(2) CONTINGENCY OPERATION.—The term ‘‘contingency oper-
ation’’ has the meaning given that term in section 101(a)(13) 
of title 10, United States Code. 
(e) CREDITING OF RECEIPTS.—Any receipt as a result of an 
agreement entered into under this section shall be credited, at 
the option of the Secretary of Defense with respect to the Depart-
ment of Defense and the Secretary of State with respect to the 
Department of State, to— 
(1) the appropriation, fund, or account used in incurring 
the obligation; or 
(2) an appropriate appropriation, fund, or account currently 
available for the purposes for which the expenditures were 
made. 
(f) NOTIFICATION.—Not later than 30 days after the end of 
a fiscal year in which covered support, supplies, and services are 
provided or exchanged pursuant to an agreement under this section, 
the Secretary of Defense and the Secretary of State shall jointly 
submit to the congressional defense committees, the Committee 
on Foreign Relations of the Senate, and the Committee on Foreign 
Affairs of the House of Representatives a notification that contains 
a copy of such agreement and a description of such covered support, 
supplies, and services. 
SEC. 1282. TWO-YEAR EXTENSION AND MODIFICATION OF AUTHORIZA-
TION 
OF 
NON-CONVENTIONAL 
ASSISTED 
RECOVERY 
CAPABILITIES. 
(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 943 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
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130 STAT. 2543 
PUBLIC LAW 114–328—DEC. 23, 2016 
Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently 
amended by section 1271 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1075), 
is further amended by striking ‘‘2018’’ and inserting ‘‘2021’’. 
(b) MODIFICATION TO AUTHORIZED ACTIVITIES.—Subsection (c) 
of such section is amended by inserting ‘‘, or other individuals, 
as determined by the Secretary of Defense, with respect to already 
established non-conventional assisted recovery capabilities’’ before 
the period at the end of the first sentence. 
SEC. 1283. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR 
II-ERA UNITED STATES-ORIGIN CHEMICAL MUNITIONS 
LOCATED ON SAN JOSE ISLAND, REPUBLIC OF PANAMA. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Subject to subsection (b), the Secretary 
of Defense may destroy the chemical munitions described in 
subsection (c). 
(2) EX GRATIA ACTION.—The action authorized by this sec-
tion is ‘‘ex gratia’’ on the part of the United States, as the 
term ‘‘ex gratia’’ is used in section 321 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105–261; 10 U.S.C. 2701 note). 
(3) CONSULTATION BETWEEN SECRETARY OF DEFENSE AND 
SECRETARY OF STATE.—The Secretary of Defense and the Sec-
retary of State shall consult and develop any arrangements 
with the Republic of Panama with respect to this section. 
(b) CONDITIONS.—The Secretary of Defense may exercise the 
authority under subsection (a) only if the Republic of Panama 
has— 
(1) revised the declaration of the Republic of Panama under 
the Convention on the Prohibition of the Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on Their 
Destruction to indicate that the chemical munitions described 
in subsection (c) are ‘‘old chemical weapons’’ rather than ‘‘aban-
doned chemical weapons’’; and 
(2) affirmed, in writing, that it understands (A) that the 
United States intends only to destroy the munitions described 
in subsections (c) and (d), and (B) that the United States 
is not legally obligated and does not intend to destroy any 
other munitions, munitions constituents, and associated debris 
that may be located on San Jose Island as a result of research, 
development, and testing activities conducted on San Jose 
Island during the period of 1943 through 1947. 
(c) CHEMICAL MUNITIONS.—The chemical munitions described 
in this subsection are the eight United States-origin chemical muni-
tions located on San Jose Island, Republic of Panama, that were 
identified in the 2002 Final Inspection Report of the Technical 
Secretariat of the Organization for the Prohibition of Chemical 
Weapons. 
(d) LIMITED INCIDENTAL AUTHORITY TO DESTROY OTHER MUNI-
TIONS.—In exercising the authority under subsection (a), the Sec-
retary of Defense may destroy other munitions located on San 
Jose Island, Republic of Panama, but only to the extent essential 
and required to reach and destroy the chemical munitions described 
in subsection (c). 
(e) SOURCE OF FUNDS.—Of the amounts authorized to be appro-
priated by this Act, the Secretary of Defense may use up to 
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130 STAT. 2544 
PUBLIC LAW 114–328—DEC. 23, 2016 
$30,000,000 from amounts made available for Chemical Agents 
and Munitions Destruction, Defense to carry out the authority 
in subsection (a). 
(f) SUNSET.—The authority under subsection (a) shall terminate 
on the date that is 3 years after the date of the enactment of 
this Act. 
SEC. 1284. SENSE OF CONGRESS ON MILITARY EXCHANGES BETWEEN 
THE UNITED STATES AND TAIWAN. 
(a) MILITARY EXCHANGES BETWEEN SENIOR OFFICERS AND OFFI-
CIALS
OF
THE UNITED STATES
AND TAIWAN.—The Secretary of 
Defense should carry out a program of exchanges of senior military 
officers and senior officials between the United States and Taiwan 
designed to improve military to military relations between the 
United States and Taiwan. 
(b) EXCHANGES DESCRIBED.—For the purposes of this section, 
an exchange is an activity, exercise, event, or observation oppor-
tunity between members of the Armed Forces and officials of the 
Department of Defense, on the one hand, and armed forces per-
sonnel and officials of Taiwan, on the other hand. 
(c) FOCUS OF EXCHANGES.—The exchanges under the program 
described in subsection (a) should include exchanges focused on 
the following: 
(1) Threat analysis. 
(2) Military doctrine. 
(3) Force planning. 
(4) Logistical support. 
(5) Intelligence collection and analysis. 
(6) Operational tactics, techniques, and procedures. 
(7) Humanitarian assistance and disaster relief. 
(d) CIVIL-MILITARY AFFAIRS.—The exchanges under the pro-
gram described in subsection (a) should include activities and exer-
cises focused on civil-military relations, including parliamentary 
relations. 
(e) LOCATION OF EXCHANGES.—The exchanges under the pro-
gram described in subsection (a) should be conducted in both the 
United States and Taiwan. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘senior military officer’’, with respect to the 
Armed Forces, means a general or flag officer of the Armed 
Forces on active duty. 
(2) The term ‘‘senior official’’, with respect to the Depart-
ment of Defense, means a civilian official of the Department 
of Defense at the level of Assistant Secretary of Defense or 
above. 
SEC. 1285. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT 
THE ARMS TRADE TREATY. 
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2017 for the Department of Defense may be obligated or expended 
to implement the Arms Trade Treaty, or to make any change 
to existing programs, projects, or activities as approved by Congress 
in furtherance of, pursuant to, or otherwise to implement the Arms 
Trade Treaty, unless the Arms Trade Treaty has received the 
advice and consent of the Senate and has been the subject of 
implementing legislation, as required, by Congress. 
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130 STAT. 2545 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to preclude the Department of Defense from assisting 
foreign countries in bringing their laws and regulations up to United 
States standards. 
SEC. 1286. PROHIBITION ON USE OF FUNDS TO INVITE, ASSIST, OR 
OTHERWISE ASSURE THE PARTICIPATION OF CUBA IN 
CERTAIN JOINT OR MULTILATERAL EXERCISES. 
(a) PROHIBITION.—The Secretary of Defense may not use any 
funds authorized to be appropriated or otherwise made available 
for fiscal year 2017 for the Department of Defense to invite, assist, 
or otherwise assure the participation of the Government of Cuba 
in any joint or multilateral exercise or related security conference 
between the Governments of the United States and Cuba until 
the Secretary of Defense and the Secretary of State, in consultation 
with the Director of National Intelligence, certify to the appropriate 
congressional committees that— 
(1) the Cuban military has ceased committing human rights 
abuses against civil rights activists and other citizens of Cuba; 
(2) the Cuban military has ceased providing military intel-
ligence, weapons training, strategic planning, and security 
logistics to the military and security forces of Venezuela; 
(3) the Cuban military and other security forces in Cuba 
have ceased all persecution, intimidation, arrest, imprisonment, 
and assassination of dissidents and members of faith-based 
organizations; 
(4) the Government of Cuba no longer demands that the 
United States relinquish control of Guantanamo Bay, in viola-
tion of an international treaty; and 
(5) the officials of the Cuban military that were indicted 
in the murder of United States citizens during the shootdown 
of planes operated by the Brothers to the Rescue humanitarian 
organization in 1996 are brought to justice. 
(b) EXCEPTIONS.—The prohibition in subsection (a) shall not 
apply with respect to— 
(1) payments in furtherance of the lease agreement, or 
other financial transactions necessary for maintenance and 
improvements of the military base at Guantanamo Bay, Cuba, 
including any adjacent areas under the control or possession 
of the United States; 
(2) assistance or support in furtherance of democracy- 
building efforts for Cuba described in section 109 of the Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 
(22 U.S.C. 6039); 
(3) customary and routine financial transactions necessary 
for the maintenance, improvements, or regular duties of the 
United States mission in Havana, including outreach to the 
pro-democracy opposition; or 
(4) any joint or multilateral exercise or operation related 
to humanitarian assistance or disaster response. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
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130 STAT. 2546 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1287. GLOBAL ENGAGEMENT CENTER. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State, in coordina-
tion with the Secretary of Defense and the heads of other 
relevant Federal departments and agencies, shall establish 
within the Department of State a Global Engagement Center 
(in this section referred to as the ‘‘Center’’). 
(2) PURPOSE.—The purpose of the Center shall be to lead, 
synchronize, and coordinate efforts of the Federal Government 
to recognize, understand, expose, and counter foreign state 
and non-state propaganda and disinformation efforts aimed 
at undermining United States national security interests. 
(b) FUNCTIONS.—The Center shall carry out the following func-
tions: 
(1) Integrate interagency and international efforts to track 
and evaluate counterfactual narratives abroad that threaten 
the national security interests of the United States and United 
States allies and partner nations. 
(2) Analyze relevant information, data, analysis, and ana-
lytics from United States Government agencies, United States 
allies and partner nations, think tanks, academic institutions, 
civil society groups, and other nongovernmental organizations. 
(3) As needed, support the development and dissemination 
of fact-based narratives and analysis to counter propaganda 
and disinformation directed at the United States and United 
States allies and partner nations. 
(4) Identify current and emerging trends in foreign propa-
ganda and disinformation in order to coordinate and shape 
the development of tactics, techniques, and procedures to expose 
and refute foreign misinformation and disinformation and 
proactively promote fact-based narratives and policies to 
audiences outside the United States. 
(5) Facilitate the use of a wide range of technologies and 
techniques by sharing expertise among Federal departments 
and agencies, seeking expertise from external sources, and 
implementing best practices. 
(6) Identify gaps in United States capabilities in areas 
relevant to the purpose of the Center and recommend necessary 
enhancements or changes. 
(7) Identify the countries and populations most susceptible 
to propaganda and disinformation based on information pro-
vided by appropriate interagency entities. 
(8) Administer the information access fund established 
pursuant to subsection (f). 
(9) Coordinate with United States allies and partner 
nations in order to amplify the Center’s efforts and avoid 
duplication. 
(10) Maintain, collect, use, and disseminate records (as 
such term is defined in section 552a(a)(4) of title 5, United 
States Code) for research and data analysis of foreign state 
and non-state propaganda and disinformation efforts and 
communications related to public diplomacy efforts intended 
for foreign audiences. Such research and data analysis shall 
be reasonably tailored to meet the purposes of this paragraph 
and shall be carried out with due regard for privacy and civil 
liberties guidance and oversight. 
22 USC 2656 
note. 
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130 STAT. 2547 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) HEAD OF CENTER.— 
(1) APPOINTMENT.—The head of the Center shall be an 
individual who is an official of the Federal Government, who 
shall be appointed by the President. 
(2) COMPLIANCE WITH PRIVACY AND CIVIL LIBERTIES LAWS.— 
The President shall designate a senior official to develop guid-
ance for the Center relating to relevant privacy and civil lib-
erties laws and to ensure compliance with such guidance. 
(d) EMPLOYEES OF THE CENTER.— 
(1) DETAILEES.—Any Federal Government employee may 
be detailed to the Center without reimbursement, and such 
detail shall be without interruption or loss of civil service 
status or privilege for a period of not more than 3 years. 
(2) PERSONAL
SERVICE
CONTRACTORS.—The Secretary of 
State may hire United States citizens or aliens as personal 
services contractors for purposes of personnel resources of the 
Center, if— 
(A) the Secretary determines that existing personnel 
resources are insufficient; 
(B) the period in which services are provided by a 
personal services contractor, including options, does not 
exceed 3 years, unless the Secretary determines that excep-
tional circumstances justify an extension of up to one addi-
tional year; 
(C) not more than 50 United States citizens or aliens 
are employed as personal services contractors under the 
authority of this paragraph at any time; and 
(D) the authority of this paragraph is only used to 
obtain specialized skills or experience or to respond to 
urgent needs. 
(e) TRANSFER OF AMOUNTS AUTHORIZED.— 
(1) IN GENERAL.—If amounts authorized to be appropriated 
or otherwise made available to carry out the functions of the 
Center— 
(A) for fiscal year 2017 are less than $80,000,000, 
the Secretary of Defense is authorized to transfer, from 
amounts authorized to be appropriated by this Act for 
the Department of Defense for fiscal year 2017, to the 
Secretary of State an amount, not to exceed $60,000,000, 
to be available to carry out the functions of the Center 
for fiscal year 2017; and 
(B) for fiscal year 2018 are less than $80,000,000, 
the Secretary of Defense is authorized to transfer, from 
amounts authorized to be appropriated by an Act author-
izing funds for the Department of Defense for fiscal year 
2018, to the Secretary of State an amount, not to exceed 
$60,000,000, to be available to carry out the functions 
of the Center for fiscal year 2018. 
(2) NOTICE REQUIREMENT.—The Secretary of Defense shall 
notify the congressional defense committees of a proposed 
transfer under paragraph (1) not less than 15 days prior to 
making such transfer. 
(3) INAPPLICABILITY OF REPROGRAMMING REQUIREMENTS.— 
The authority to transfer amounts under paragraph (1) shall 
not be subject to any reprogramming requirement under any 
other provision of law. 
(f) INFORMATION ACCESS FUND.— 
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130 STAT. 2548 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) AUTHORITY FOR GRANTS.—The Center is authorized to 
provide grants or contracts of financial support to civil society 
groups, media content providers, nongovernmental organiza-
tions, federally funded research and development centers, pri-
vate companies, or academic institutions for the following pur-
poses: 
(A) To support local independent media who are best 
placed to refute foreign disinformation and manipulation 
in their own communities. 
(B) To collect and store examples in print, online, and 
social media, disinformation, misinformation, and propa-
ganda directed at the United States and its allies and 
partners. 
(C) To analyze and report on tactics, techniques, and 
procedures of foreign information warfare with respect to 
disinformation, misinformation, and propaganda. 
(D) To support efforts by the Center to counter efforts 
by foreign entities to use disinformation, misinformation, 
and propaganda to influence the policies and social and 
political stability of the United States and United States 
allies and partner nations. 
(2) FUNDING
AVAILABILITY
AND
LIMITATIONS.—The Sec-
retary of State shall provide that each organization that applies 
to receive funds under this subsection is selected in accordance 
with the relevant existing regulations to ensure its bona fides, 
capability, and experience, and its compatibility with United 
States interests and objectives. 
(g) REPORTS.— 
(1) IN GENERAL.—Not later than one year after the date 
on which the Center is established, the Secretary of State 
shall submit to the appropriate congressional committees a 
report evaluating the success of the Center in carrying out 
its functions under subsection (b) and outlining steps to improve 
any areas of deficiency. 
(2) DEFINITION.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the Committee on Foreign Relations, the Com-
mittee on Armed Services, the Committee on Homeland 
Security and Governmental Affairs, and the Committee 
on Appropriations of the Senate; and 
(B) the Committee on Foreign Affairs, the Committee 
on Armed Services, the Committee on Homeland Security, 
and the Committee on Appropriations of the House of Rep-
resentatives. 
(h) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available to carry out this section shall 
be used for purposes other than countering foreign propaganda 
and misinformation that threatens United States national security. 
(i) TERMINATION.—The Center shall terminate on the date that 
is 8 years after the date of the enactment of this Act. 
SEC. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL BROAD-
CASTING ACT OF 1994. 
The United States International Broadcasting Act of 1994 (22 
U.S.C. 6201 et seq.; Public Law 103–236) is amended— 
(1) by amending section 304 (22 U.S.C. 6203) to read as 
follows: 
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130 STAT. 2549 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF 
THE BROADCASTING BOARD OF GOVERNORS. 
‘‘(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—The 
Broadcasting Board of Governors shall continue to exist within 
the Executive branch of Government as an entity described in 
section 104 of title 5, United States Code. 
‘‘(b) CHIEF EXECUTIVE OFFICER.— 
‘‘(1) IN
GENERAL.—The head of the Broadcasting Board 
of Governors shall be a Chief Executive Officer, who shall 
be appointed by the President, by and with the advice and 
consent of the Senate. Notwithstanding any other provision 
of law, until such time as a Chief Executive Officer is appointed 
and has qualified, the current or acting Chief Executive Officer 
appointed by the Board may continue to serve and exercise 
the authorities and powers under this Act. 
‘‘(2) TERM.—The first Chief Executive Officer appointed 
pursuant to paragraph (1) shall serve for an initial term of 
three years. 
‘‘(3) COMPENSATION.—A Chief Executive Officer appointed 
pursuant to paragraph (1) shall be compensated at the annual 
rate of basic pay for level III of the Executive Schedule under 
section 5314 of title 5, United States Code. 
‘‘(c) TERMINATION
OF DIRECTOR
OF INTERNATIONAL BROAD-
CASTING BUREAU.—Effective on the date of the enactment of this 
section, the position of the Director of the International Broad-
casting Bureau shall be terminated, and all of the responsibilities, 
offices, authorities, and immunities of the Director or the Board 
under this or any other Act or authority before such date of enact-
ment shall be transferred or available to, assumed by, or overseen 
by the Chief Executive Officer, as head of the Board. 
‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any 
other provision of law, all limitations on liability that apply to 
the Chief Executive Officer shall also apply to members of the 
boards of directors of RFE/RL, Inc., Radio Free Asia, the Middle 
East Broadcasting Networks, or any organization that consolidates 
such entities when such members are acting in their official capac-
ities.’’; 
(2) in section 305 (22 U.S.C. 6204)— 
(A) in subsection (a)— 
(i) by striking ‘‘Board’’ each place it appears and 
inserting ‘‘Chief Executive Officer’’; 
(ii) in paragraph (1), by inserting ‘‘direct and’’ 
before ‘‘supervise’’; 
(iii) in paragraph (5)— 
(I) by inserting ‘‘and cooperative agreements’’ 
after ‘‘grants’’; and 
(II) by striking ‘‘in accordance with sections 
308 and 309’’ and inserting ‘‘in furtherance of the 
purposes of this Act and on behalf of other agen-
cies, accordingly’’; 
(iv) in paragraph (6)— 
(I) by striking ‘‘International Broadcasting 
Bureau’’ and inserting ‘‘Board’’; and 
(II) by striking ‘‘subject to the limitations in 
sections 308 and 309 and’’; 
(v) in paragraph (10)— 
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130 STAT. 2550 
PUBLIC LAW 114–328—DEC. 23, 2016 
(I) by inserting ‘‘, rent, or lease’’ after ‘‘pro-
cure’’; and 
(II) by striking ‘‘personal property’’ and 
inserting ‘‘property for journalism, media, produc-
tion, and broadcasting, and related support serv-
ices, notwithstanding any other provision of law 
relating to such acquisition, rental, or lease, and 
under the same terms and conditions as authorized 
under section 501(b) of the United States Informa-
tion and Educational Exchange Act of 1948 (22 
U.S.C. 1461(b)), and for multiyear contracts and 
leases for periods of up to 20 years subject to 
the requirements of subsections (b) through (f) of 
section 3903 of title 41, United States Code’’; 
(vi) in paragraph (11)— 
(I) by striking ‘‘staff’’; 
(II) by striking ‘‘as the Board’’ and inserting 
‘‘as the Chief Executive Officer’’; and 
(III) by striking ‘‘subject’’ and inserting ‘‘which 
shall not be subject’’; 
(vii) in paragraph (13)— 
(I) by striking ‘‘Bureau’’ and inserting ‘‘Board’’; 
and 
(II) by striking ‘‘Board has taken’’ and 
inserting ‘‘Chief Executive Officer has taken’’; 
(viii) in paragraph (14)— 
(I) by inserting ‘‘transmission or’’ before 
‘‘relay’’; and 
(II) by inserting ‘‘or any other grantee author-
ized under this Act’’ after ‘‘Radio Free Asia’’; 
(ix) in paragraph (15)(A), by striking— 
(I) ‘‘temporary and intermittent’’; and 
(II) ‘‘to the same extent as is authorized by 
section 3109 of title 5, United States Code,’’; 
(x) in paragraph (16), by striking ‘‘Board deter-
mines’’ and inserting ‘‘Chief Executive Officer deter-
mines’’; 
(xi) in paragraph (18), by striking ‘‘the Bureau’’ 
and inserting ‘‘the Chief Executive Officer’’; and 
(xii) by adding at the end the following new para-
graphs: 
‘‘(20) Notwithstanding any other provision of law, including 
section 308(a), to condition, if appropriate, any grant or coopera-
tive agreement to RFE/RL, Inc., Radio Free Asia, or the Middle 
East Broadcasting Networks, or any organization that is estab-
lished through the consolidation of such entities, on authority 
to determine membership of their respective boards, and the 
consolidation of such grantee entities into a single grantee 
organization under terms and conditions established by the 
Board. 
‘‘(21) To redirect or reprogram funds within the scope of 
any grant or cooperative agreement, or between grantees, as 
necessary (and not later than 15 days before any such redirec-
tion of funds between language services, to notify the Com-
mittee on Appropriations and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Appro-
priations and the Committee on Foreign Relations of the Senate 
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130 STAT. 2551 
PUBLIC LAW 114–328—DEC. 23, 2016 
regarding such redirection), and to condition grants or coopera-
tive agreements, if appropriate, on such grants or cooperative 
agreements or any similar amendments as authorized under 
section 308(a), including authority to name and replace the 
board of any grantee authorized under this Act, including with 
Federal officials, to meet the purposes of this Act. 
‘‘(22) To change the name of the Board pursuant to congres-
sional notification 60 days prior to any such change.’’; 
(B) by striking subsections (b) and (c); and 
(C) by redesignating subsection (d) as subsection (b); 
and 
(D) in subsection (b) (as so redesignated)— 
(i) by striking ‘‘and the Board’’ and inserting ‘‘and 
the Chief Executive Officer’’; and 
(ii) 
by 
striking 
‘‘International 
Broadcasting 
Bureau’’ and inserting ‘‘Board’’; 
(3) by amending section 306 (22 U.S.C. 6205) to read as 
follows: 
‘‘SEC. 306. ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING 
ADVISORY BOARD. 
‘‘(a) IN GENERAL.—Except as provided in subsection (b)(2), the 
International Broadcasting Advisory Board (referred to in this sec-
tion as the ‘Advisory Board’) shall consist of five members, including 
the Secretary of State, appointed by the President and in accordance 
with subsection (d), to advise the Chief Executive Officer of the 
Broadcasting Board of Governors, as appropriate. 
‘‘(b) RETENTION OF EXISTING BBG BOARD MEMBERS.— 
‘‘(1) IN GENERAL.—The presidentially appointed and Senate- 
confirmed members of the Board of the Broadcasting Board 
of Governors who are serving on unexpired terms as of the 
date of the enactment of this section shall— 
‘‘(A) constitute the first Advisory Board; and 
‘‘(B) hold office for the remainder of their original terms 
of office without reappointment to the Advisory Board. 
‘‘(2) EFFECT OF ADDITIONAL MEMBERS.—If, on the date of 
the enactment of this section, more than five members described 
in subsection (a) are serving their original terms of office on 
the Broadcasting Board of Governors, each such member may 
serve on the Advisory Board for a period equal to the time 
remaining on each such member’s respective term without 
reappointment. 
‘‘(c) TERMS OF OFFICE.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the term of office of each member of the Advisory Board 
appointed pursuant to subsection (a) shall be three years. 
‘‘(2) VACANCIES.—If a vacancy on the Advisory Board occurs 
before the expiration of the term of the member who created 
such vacancy— 
‘‘(A) the President shall appoint a new member to 
fill such vacancy in accordance with subsection (d); and 
‘‘(B) the member appointed pursuant to such subsection 
shall serve for the remainder of such term. 
‘‘(3) SERVICE BEYOND TERM PROHIBITED.—Members may not 
serve beyond the term for which they were appointed. 
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130 STAT. 2552 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(d) SELECTION OF THE BOARD.—In identifying individuals for 
appointment to the Advisory Board under subsection (a), the Presi-
dent shall appoint United States citizens— 
‘‘(1) who, with the exception of the Secretary of State, 
are not regular, full-time employees of the United States 
Government; and 
‘‘(2) distinguished in the fields of public diplomacy, mass 
communications, print, broadcast or digital media, or foreign 
affairs, of whom— 
‘‘(A) one individual should be appointed from among 
a list of at least three individuals submitted by the Chair 
of the Committee on Foreign Affairs of the House of Rep-
resentatives; 
‘‘(B) one individual should be appointed from among 
a list of at least three individuals submitted by the Ranking 
Member of the Committee on Foreign Affairs of the House 
of Representatives; 
‘‘(C) one individual should be appointed from among 
a list of at least three individuals submitted by the Chair 
of the Committee on Foreign Relations of the Senate; and 
‘‘(D) one individual should be appointed from among 
a list of at least three individuals submitted by the Ranking 
Member of the Committee on Foreign Relations of the 
Senate. 
‘‘(e) FUNCTIONS OF THE BOARD.—The members of the Advisory 
Board shall perform the following advisory functions: 
‘‘(1) To provide the Chief Executive Officer of the Broad-
casting Board of Governors with counsel and recommendations 
for improving the effectiveness and efficiency of the agency 
and its programming. 
‘‘(2) To meet with the Chief Executive Officer at least 
twice annually and at additional meetings at the request of 
the Chief Executive Officer. 
‘‘(3) To report periodically or upon request to the congres-
sional committees specified in subsection (d)(2) regarding its 
counsel and recommendations for improving the effectiveness 
and efficiency of the Broadcasting Board of Governors and 
its programming. 
‘‘(4) To obtain information from the Chief Executive Officer, 
as needed, for the purposes of fulfilling the functions described 
in this subsection. 
‘‘(f) COMPENSATION.—Members of the Advisory Board, including 
the Secretary of State, may not receive any fee, salary, or remunera-
tion of any kind for their service as members.’’; 
(4) by striking section 307 (22 U.S.C. 6206); 
(5) in section 308 (22 U.S.C. 6207)— 
(A) in subsection (a)(1), by striking ‘‘of the Broadcasting 
Board of Governors established under section 304 and no 
other members’’ and inserting ‘‘authorized under section 
305(a)(20)’’; 
(B) by amending subsection (d) to read as follows: 
‘‘(d) ALTERNATIVE GRANTEE.—If the Chief Executive Officer 
determines at any time that RFE/RL, Incorporated is not carrying 
out the functions described in this section in an effective and 
economical manner, the Board may award the grant to carry out 
such functions to another entity.’’; and 
(C) in subsection (g)(4)— 
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130 STAT. 2553 
PUBLIC LAW 114–328—DEC. 23, 2016 
(i) by striking ‘‘International Broadcasting Bureau’’ 
and inserting ‘‘any other grantee of the Board’’; and 
(ii) by striking ‘‘by the Board’’ and inserting ‘‘by 
the Chief Executive Officer’’; and 
(D) in subsection (i), by striking ‘‘(1) Effective’’ and 
inserting ‘‘Effective’’; 
(6) in section 309 (22 U.S.C. 6208)— 
(A) in subsection (f)(2), by striking ‘‘Chairman of the 
Board’’ and inserting ‘‘Chief Executive Officer of the Board’’; 
(B) by redesignating subsection (g) as subsection (h); 
and 
(C) by inserting after subsection (f) the following new 
subsection: 
‘‘(g) ALTERNATIVE GRANTEE.—If the Chief Executive Officer 
determines at any time that Radio Free Asia is not carrying out 
the functions described in this section in an effective and economical 
manner, the Board may award the grant to carry out such functions 
to another entity.’’; 
(7) by inserting after section 309 (22 U.S.C. 6208) the 
following new sections: 
‘‘SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE 
OFFICER. 
‘‘(a) CONSOLIDATION OF GRANTEE ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Chief Executive Officer, subject to 
the regular notification procedures of the Committee on Appro-
priations and the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Appropriations and 
the Committee on Foreign Relations of the Senate, who is 
authorized to incorporate a grantee, may condition annual 
grants to RFE/RL, Inc., Radio Free Asia, and the Middle East 
Broadcasting Networks on the consolidation of such grantees 
into a single, consolidated private, non-profit corporation (in 
accordance with section 501(c)(3) of the Internal Revenue Code 
and exempt from tax under section 501(a) of such Code), in 
such a manner and under such terms and conditions as deter-
mined by the Chief Executive Officer, which may broadcast 
and provide news and information to audiences wherever the 
agency may broadcast, for activities that the Chief Executive 
Officer determines are consistent with the purposes of this 
Act, including the terms and conditions of subsections (g)(5), 
(h), (i), and (j) of section 308, except that the Agency may 
select any name for such a consolidated grantee. 
‘‘(2) SPECIAL RULE.—No State or political subdivision of 
a State may establish, enforce, or continue in effect any provi-
sion of law or legal requirement that is different from, or 
is in conflict with, any requirement or authority applicable 
under this Act relating to the consolidation, incorporation, 
structure, or dissolution of any grantee under this Act. 
‘‘(b) MISSION.—The consolidated grantee established under sub-
section (a) shall— 
‘‘(1) counter state-sponsored propaganda which undermines 
the national security or foreign policy interests of the United 
States and its allies; 
‘‘(2) provide uncensored local and regional news and anal-
ysis to people in societies where a robust, indigenous, inde-
pendent, and free media does not exist; 
22 USC 6209. 
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130 STAT. 2554 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(3) help countries improve their indigenous capacity to 
enhance media professionalism and independence, and develop 
partnerships with local media outlets, as appropriate; and 
‘‘(4) promote unrestricted access to uncensored sources of 
information, especially via the internet, and use all effective 
and efficient mediums of communication to reach target 
audiences. 
‘‘(c) FEDERAL STATUS.—Nothing in this or any other Act, or 
any action taken pursuant to this or any other Act, may be con-
strued to make such a consolidated grantee described in subsection 
(a) or RFE/RL, Inc., Radio Free Asia, or the Middle East Broad-
casting Networks or any other grantee or entity provided funding 
by the agency a Federal agency or instrumentality. Employees 
or staff of such grantees or entities may not be Federal employees. 
For purposes of this section and this Act, the term ‘grant’ includes 
agreements under section 6305 of title 31, United States Code, 
and the term ‘grantee’ includes recipients of such agreements. 
‘‘(d) LEADERSHIP
OF GRANTEE ORGANIZATIONS.—Officers and 
directors of RFE/RL Inc., Radio Free Asia, and the Middle East 
Broadcasting Networks or any organization that is established 
through the consolidation of such entities, or authorized under 
this Act, shall serve at the pleasure of and may be named by 
the Chief Executive Officer of the Board. 
‘‘(e) MAINTENANCE
OF
THE
EXISTING
INDIVIDUAL
GRANTEE 
BRANDS.—RFE/RL, Incorporated, Radio Free Asia, and the Middle 
East Broadcasting Networks, Incorporated should remain brand 
names under which news and related programming and content 
may be disseminated by the consolidated grantee. Additional brands 
may be created as necessary. 
‘‘SEC. 310A. INSPECTOR GENERAL AUTHORITIES. 
‘‘(a) IN GENERAL.—The Inspector General of the Department 
of State and the Foreign Service shall exercise the same authorities 
with respect to the Broadcasting Board of Governors as the 
Inspector General exercises under the Inspector General Act of 
1978 and section 209 of the Foreign Service Act of 1980 (22 U.S.C. 
3929) with respect to the Department of State. 
‘‘(b) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS.— 
The Inspector General of the Department of State and the Foreign 
Service shall respect the journalistic integrity of all the broadcasters 
covered by this Act and may not evaluate the philosophical or 
political perspectives reflected in the content of broadcasts. 
‘‘SEC. 310B. ROLE OF THE SECRETARY OF STATE IN FOREIGN POLICY 
GUIDANCE. 
‘‘To assist the Board in carrying out its functions, the Chief 
Executive Officer shall regularly consult with and seek from the 
Secretary of State guidance on foreign policy issues.’’; and 
(8) in section 314 (22 U.S.C. 6213)— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following new 
paragraph: 
‘‘(4) the terms ‘Board’ and ‘Chief Executive Officer of the 
Board’ mean the Broadcasting Board of Governors and the 
position, respectively, authorized in accordance with this Act;’’. 
22 USC 6209b. 
22 USC 6209a. 
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130 STAT. 2555 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1289. REDESIGNATION OF SOUTH CHINA SEA INITIATIVE. 
(a) REDESIGNATION AS SOUTHEAST ASIA MARITIME SECURITY 
INITIATIVE.—Subsection (a)(2) of section 1263 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1073; 10 U.S.C. 2282 note) is amended by striking 
‘‘the ‘South China Sea Initiative’ ’’ and inserting ‘‘the ‘Southeast 
Asia Maritime Security Initiative’ ’’. 
(b) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.’’. 
SEC. 1290. MEASURES AGAINST PERSONS INVOLVED IN ACTIVITIES 
THAT VIOLATE ARMS CONTROL TREATIES OR AGREE-
MENTS WITH THE UNITED STATES. 
(a) REPORTS ON PERSONS THAT VIOLATE TREATIES OR AGREE-
MENTS.— 
(1) IN GENERAL.—Not later than 30 days after the submittal 
to Congress of an annual report on the status of United States 
policy and actions with respect to arms control, nonprolifera-
tion, and disarmament pursuant to section 403 of the Arms 
Control and Disarmament Act (22 U.S.C. 2593a), the Secretary 
of the Treasury shall submit to the appropriate congressional 
committees a report, consistent with the protection of intel-
ligence sources and methods, identifying every person with 
respect to whom there is credible information indicating that— 
(A) the person— 
(i)(I) is an individual who is a citizen, national, 
or permanent resident of a country described in para-
graph (2); or 
(II) is an entity organized under the laws of a 
country described in paragraph (2); and 
(ii) has engaged in any activity that contributed 
to or is a significant factor in the President’s or the 
Secretary of State’s determination that such country 
is not in full compliance with its obligations as further 
described in paragraph (2); or 
(B) the person has provided material support for such 
non-compliance to a person described in subparagraph (A). 
(2) COUNTRY DESCRIBED.—A country described in this para-
graph is a country (other than a country described in paragraph 
(3)) that the President or the Secretary of State has determined, 
in the most recent annual report described in paragraph (1), 
to be not in full compliance with its obligations undertaken 
in all arms control, nonproliferation, and disarmament agree-
ments or commitments to which the United States is a partici-
pating state. 
(3) EXCLUDED COUNTRIES.—The following countries are not 
described for purposes of paragraph (2): 
(A) The United States. 
(B) Any country determined by the Director of National 
Intelligence to be closely cooperating in intelligence matters 
with the United States in the period covered by the most 
recent annual report described in paragraph (1), regardless 
of the extent of the compliance of such country with the 
obligations described in paragraph (2) during such period. 
(b) IMPOSITION
OF MEASURES.—Except as provided in sub-
sections (d), (e), and (f), the President shall impose the measures 
22 USC 2593e. 
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130 STAT. 2556 
PUBLIC LAW 114–328—DEC. 23, 2016 
described in subsection (c) with respect to each person identified 
in a report under subsection (a). 
(c) MEASURES DESCRIBED.— 
(1) IN GENERAL.—The measures to be imposed with respect 
to a person under subsection (b) are the head of any executive 
agency (as defined in section 133 of title 41, United States 
Code) may not enter into, renew, or extend a contract for 
the procurement of goods or services with the person. 
(2) EXCEPTION FOR MAJOR ROUTES OF SUPPLY.—The require-
ment to impose measures under paragraph (1) shall not apply 
with respect to any contract for the procurement of goods 
or services along a major route of supply to a zone of active 
combat or major contingency operation. 
(3) REQUIREMENT TO REVISE REGULATIONS.— 
(A) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Federal Acquisition 
Regulation, the Defense Federal Acquisition Regulation 
Supplement, and the Uniform Administrative Require-
ments, Cost Principles, and Audit Requirements for Federal 
Awards shall be revised to implement paragraph (1). 
(B) CERTIFICATIONS.—The revisions to the Federal 
Acquisition Regulation under subparagraph (A) shall 
include a requirement for a certification from each person 
that is a prospective contractor that the person, and any 
person owned or controlled by the person, does not engage 
in any activity described in subsection (a)(1)(A)(ii). 
(C) REMEDIES.—If the head of an executive agency 
determines that a person has submitted a false certification 
under subparagraph (B) on or after the date on which 
the applicable revision of the Federal Acquisition Regula-
tion required by this paragraph becomes effective— 
(i) the head of that executive agency shall termi-
nate a contract with such person or debar or suspend 
such person from eligibility for Federal contracts for 
a period of not less than 2 years; 
(ii) any such debarment or suspension shall be 
subject to the procedures that apply to debarment and 
suspension under the Federal Acquisition Regulation 
under subpart 9.4 of part 9 of title 48, Code of Federal 
Regulations; and 
(iii) the Administrator of General Services shall 
include on the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs main-
tained by the Administrator under part 9 of the Federal 
Acquisition Regulation each person that is debarred, 
suspended, or proposed for debarment or suspension 
by the head of an executive agency on the basis of 
a determination of a false certification under subpara-
graph (B). 
(d) WAIVER FOR LACK OF KNOWING VIOLATION.— 
(1) IN GENERAL.—The President may waive the application 
of measures on a case-by-case basis under subsection (b) with 
respect to a person if the President— 
(A) determines that— 
(i)(I) in the case of a person described in subsection 
(a)(1)(A), the person did not knowingly engage in any 
activity described in such subsection; 
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130 STAT. 2557 
PUBLIC LAW 114–328—DEC. 23, 2016 
(II) in the case of a person described in subsection 
(a)(1)(B), the person conducted or facilitated a trans-
action or transactions with, or provided financial serv-
ices to, a person described in subsection (a)(1)(A) that 
did not knowingly engage in any activity described 
in such subsection; and 
(III) in the case of a person described in subsection 
(a)(1)(A) or (a)(1)(B), the person has terminated the 
activity for which otherwise covered by such subsection 
or has provided verifiable assurances that the person 
will terminate such activity; and 
(ii) the waiver is in the national security interest 
of the United States; and 
(B) submits to the appropriate congressional commit-
tees a report on the determination and the reasons for 
the determination. 
(2) FORM OF REPORT.—The report required by paragraph 
(1)(B) shall be submitted in unclassified form, but may include 
a classified annex. 
(e) WAIVER TO PREVENT DISCLOSURE OF INTELLIGENCE SOURCES 
AND METHODS.—The President may waive the application of meas-
ures on a case-by-case basis under subsection (b) with respect 
to a person if the President— 
(1) determines that the waiver is necessary to prevent 
the disclosure of intelligence sources or methods; and 
(2) submits to the appropriate congressional committees 
a report, consistent with the protection of intelligence sources 
and methods, on the determination and the reasons for the 
determination. 
(f) TIMING OF IMPOSITION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
President shall immediately impose measures under subsection 
(b) against a person described in subsection (a)(1) upon the 
submittal to Congress of the report identifying the person 
pursuant to subsection (a)(1) unless the President determines 
and certifies to the appropriate congressional committees that 
the government of the country concerned has taken specific 
and effective actions, including, as appropriate, the imposition 
of appropriate penalties, to terminate the involvement of the 
person in the activities that resulted in the identification of 
the person in the report. 
(2) DELAY.— 
(A) IN GENERAL.—The President may delay the imposi-
tion of measures against a person for up to 120 days 
after the date of the submittal to Congress of the report 
identifying the person pursuant to subsection (a)(1) if the 
President initiates consultations with the government con-
cerned with respect to the taking of actions described in 
paragraph (1). 
(B) ADDITIONAL DELAY.—The President may delay the 
imposition of measures for up to an additional 120 days 
after the delay authorized by subparagraph (A) if the Presi-
dent determines and certifies to the appropriate congres-
sional committees that the government concerned is in 
the process of taking the actions described in paragraph 
(1). 
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130 STAT. 2558 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) REPORT.—Not later than 60 days after the submittal 
to Congress of the report identifying a person pursuant to 
subsection (a)(1), the President shall submit to the appropriate 
congressional committees a report on the status of consulta-
tions, if any, with the government concerned under this sub-
section, and the basis for any determination under paragraph 
(1). 
(g) TERMINATION.— 
(1) TERMINATION THROUGH COMPLIANCE OF COUNTRY WITH 
ARMS
CONTROL
AND
OTHER
AGREEMENTS.—The measures 
imposed with respect to a person under subsection (b) shall 
terminate on the date on which the President submits to Con-
gress a subsequent annual report pursuant to section 403 of 
the Arms Control and Disarmament Act that does not contain 
a determination of the President that the country described 
in subsection (a)(2) with respect to which the measures were 
imposed with respect to the person is a country that is not 
in full compliance with its obligations undertaken in all arms 
control, nonproliferation, and disarmament agreements or 
commitments to which the United States is a participating 
state. 
(2) TERMINATION THROUGH CESSATION BY PERSON OF VIO-
LATING
ACTIVITIES.—In addition to termination provided for 
by paragraph (1), the measures imposed with respect to a 
person under subsection (b) in connection with a particular 
activity shall terminate upon a determination of the President 
that the person has ceased such activity. The termination of 
measures imposed with respect to a person in connection with 
a particular activity pursuant to this paragraph shall not result 
in the termination of any measures imposed with respect to 
the person in connection with any other activity for which 
measures were imposed under subsection (b). 
(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Select Committee on Intelligence 
of the Senate. 
SEC. 1291. AGREEMENTS WITH FOREIGN GOVERNMENTS TO DEVELOP 
LAND-BASED WATER RESOURCES IN SUPPORT OF AND 
IN PREPARATION FOR CONTINGENCY OPERATIONS. 
(a) AGREEMENTS AUTHORIZED.—The Secretary of Defense, with 
the concurrence of the Secretary of State, is authorized to enter 
into agreements with the governments of foreign countries to 
develop land-based water resources in support of and in preparation 
for contingency operations, including water selection, pumping, 
purification, storage, distribution, cooling, consumption, water 
reuse, water source intelligence, research and development, 
training, acquisition of water support equipment, and water support 
operations. 
(b) NOTIFICATION REQUIRED.—Not later than 30 days after 
entering into an agreement under subsection (a), the Secretary 
of Defense shall notify the appropriate congressional committees 
10 USC 2333 
note. 
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130 STAT. 2559 
PUBLIC LAW 114–328—DEC. 23, 2016 
of the existence of the agreement and provide a summary of the 
terms of the agreement. 
(c) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1292. ENHANCING DEFENSE AND SECURITY COOPERATION WITH 
INDIA. 
(a) ACTIONS.— 
(1) IN GENERAL.—The Secretary of Defense and Secretary 
of State should jointly take such actions as may be necessary 
to— 
(A) recognize India’s status as a major defense partner 
of the United States; 
(B) designate an individual within the executive branch 
who has experience in defense acquisition and technology— 
(i) to reinforce and ensure, through interagency 
policy coordination, the success of the Framework for 
the United States-India Defense Relationship; and 
(ii) to help resolve remaining issues impeding 
United States-India defense trade, security coopera-
tion, and co-production and co-development opportuni-
ties; 
(C) approve and facilitate the transfer of advanced 
technology, consistent with United States conventional 
arms transfer policy, to support combined military planning 
with India’s military for missions such as humanitarian 
assistance and disaster relief, counter piracy, freedom of 
navigation, and maritime domain awareness missions, and 
to promote weapons systems interoperability; 
(D) strengthen the effectiveness of the U.S.-India 
Defense Trade and Technology Initiative and the durability 
of the Department of Defense’s ‘‘India Rapid Reaction Cell’’; 
(E) collaborate with the Government of India to develop 
mutually agreeable mechanisms to verify the security of 
defense articles, defense services, and related technology, 
such as appropriate cyber security and end use monitoring 
arrangements, consistent with United States export control 
laws and policy; 
(F) promote policies that will encourage the efficient 
review and authorization of defense sales and exports to 
India; 
(G) encourage greater government-to-government and 
commercial military transactions between the United 
States and India; 
(H) support the development and alignment of India’s 
export control and procurement regimes with those of the 
United States and multilateral control regimes; and 
(I) continue to enhance defense and security coopera-
tion with India in order to advance United States interests 
in the South Asia and greater Indo-Asia-Pacific regions. 
(2) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, and annually thereafter, the Sec-
retary of Defense and Secretary of State shall jointly submit 
22 USC 2751 
note. 
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130 STAT. 2560 
PUBLIC LAW 114–328—DEC. 23, 2016 
to the congressional defense committees and the Committee 
on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives a report on 
how the United States is supporting its defense relationship 
with India in relation to the actions described in paragraph 
(1). 
(b) BILATERAL COORDINATION.—To enhance cooperation and 
encourage military-to-military engagement between the United 
States and India, the Secretary of Defense should take appropriate 
actions to ensure that exchanges between senior military officers 
and senior civilian defense officials of the United States Government 
and the Government of India— 
(1) are at a level appropriate to enhance engagement 
between the militaries of the two countries for threat analysis, 
military doctrine, force planning, mutual security interests, 
logistical support, intelligence, tactics, techniques and proce-
dures, humanitarian assistance, and disaster relief; 
(2) include exchanges of general and flag officers between 
the two countries; 
(3) enhance cooperative military operations, including mari-
time security, counter-piracy, counter-terror cooperation, and 
domain awareness, in the Indo-Asia-Pacific region; 
(4) accelerate the development of combined military plan-
ning for missions such as those identified in subsection (a)(1)(C) 
or in paragraph (1) of this subsection, or other missions in 
the national security interests of both countries; and 
(5) solicit and recognize actions and efforts by India that 
would allow the United States to treat India as a major defense 
partner. 
(c) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense and Secretary 
of State shall jointly, on an ongoing basis, conduct an assess-
ment of the extent to which India possesses capabilities to 
support and carry out military operations of mutual interest 
to the United States and India, including an assessment of 
the defense export control regulations and policies that need 
appropriate modification, in recognition of India’s capabilities 
and its status as a major defense partner. 
(2) USE OF ASSESSMENT.—The President shall ensure that 
the assessment described in paragraph (1) is used, consistent 
with United States conventional arms transfer policy, to inform 
the review by the United States of requests to export defense 
articles, defense services, or related technology to India under 
the Arms Export Control Act (22 U.S.C. 2751 et seq.), and 
to inform any regulatory and policy adjustments that may 
be appropriate. 
SEC. 1293. COORDINATION OF EFFORTS TO DEVELOP FREE TRADE 
AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES. 
(a) COORDINATION BETWEEN THE UNITED STATES TRADE REP-
RESENTATIVE AND OTHER AGENCIES.—The United States Trade Rep-
resentative shall consult and coordinate with other relevant Federal 
agencies to assist countries identified under paragraph (1) of section 
110(b) of the Trade Preferences Extension Act of 2015 (Public 
Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) in the most 
recent report required by that section, including through the deploy-
ment of resources from those agencies to such countries and through 
19 USC 3723 
note. 
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130 STAT. 2561 
PUBLIC LAW 114–328—DEC. 23, 2016 
trade capacity building, in addressing the plan developed under 
paragraph (3) of that section. 
(b) COORDINATION OF USAID WITH FREE TRADE AGREEMENT 
POLICY.— 
(1) AUTHORIZATION OF FUNDS.—Funds made available to 
the United States Agency for International Development under 
section 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2293) after the date of the enactment of this Act may be 
used, in consultation with the United States Trade Representa-
tive— 
(A) to assist eligible countries, including by deploying 
resources to such countries, in addressing the plan devel-
oped under section 116(b) of the African Growth and Oppor-
tunity Act (19 U.S.C. 3723(b)); and 
(B) to assist eligible countries in the implementation 
of the commitments of those countries under agreements 
with the United States and under the WTO Agreement 
(as defined in section 2(9) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3501(9))) and agreements annexed 
to the WTO Agreement. 
(2) DEFINITIONS.—In this subsection: 
(A) ELIGIBLE COUNTRY.—The term ‘‘eligible country’’ 
means a sub-Saharan African country that receives— 
(i) benefits under the African Growth and Oppor-
tunity Act (19 U.S.C. 3701 et seq.); and 
(ii) funding from the United States Agency for 
International Development. 
(B) SUB-SAHARAN AFRICAN COUNTRY.—The term ‘‘sub- 
Saharan African country’’ has the meaning given that term 
in section 107 of the African Growth and Opportunity 
Act (19 U.S.C. 3706). 
SEC. 1294. EXTENSION AND EXPANSION OF AUTHORITY TO SUPPORT 
BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN 
COUNTRIES. 
(a) EXPANSION OF AUTHORITY.—Section 1226 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1056; 22 U.S.C. 2551 note) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘the Government of Jordan and the 
Government of Lebanon’’ and inserting ‘‘the Government 
of Egypt, the Government of Jordan, the Government of 
Lebanon, and the Government of Tunisia’’; 
(B) by striking ‘‘efforts of the armed forces’’ and 
inserting ‘‘efforts as follows: 
‘‘(A) Efforts of the armed forces’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(B) Efforts of the armed forces of Egypt and the armed 
forces of Tunisia to increase security and sustain increased 
security along the border of Egypt and the border of Tunisia 
with Libya, as applicable.’’; and 
(2) in subsection (c)(4), by striking ‘‘along the border’’ and 
all that follows and inserting ‘‘along the border of the country 
as specified in subsection (a)(1).’’. 
(b) FUNDS AVAILABLE FOR SUPPORT.—Subsection (b) of such 
section is amended— 
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130 STAT. 2562 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in paragraphs (1) and (2), by striking ‘‘Amounts’’ and 
inserting ‘‘In fiscal year 2016, amounts’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) In any fiscal year after fiscal year 2016, amounts 
authorized to be appropriated for such fiscal year and available 
for Operation and Maintenance, Defense-Wide, and the Counter 
Islamic State of Iraq and the Levant Fund for such fiscal 
year.’’. 
(c) EXTENSION.—Subsection (f) of such section is amended by 
striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. 
(d) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECU-
RITY OPERATIONS.’’. 
SEC. 1295. MODIFICATION AND CLARIFICATION OF UNITED STATES- 
ISRAEL ANTI-TUNNEL COOPERATION AUTHORITY. 
(a) AMOUNT OF SUPPORT PROVIDABLE BY THE UNITED STATES.— 
Paragraph (4) of section 1279(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1079; 
22 U.S.C. 8606 note) is amended by striking ‘‘$25,000,000’’ and 
inserting ‘‘$50,000,000’’. 
(b) SCOPE OF REQUIREMENT FOR MATCHING CONTRIBUTION BY 
ISRAEL.—Paragraph (3) of such section is amended by inserting 
before the period at the end the following: ‘‘in the calendar year 
in which the support is provided’’. 
(c) USE OF CERTAIN AMOUNT FOR RDT&E ACTIVITIES IN THE 
UNITED STATES.—Of the amount contributed by the United States 
for activities under section 1279 of the National Defense Authoriza-
tion Act for Fiscal Year 2016, not less than 50 percent of such 
amount shall be used in fiscal year 2017 for research, development, 
test, and evaluation activities for purposes of such section in the 
United States. 
SEC. 1296. MAINTENANCE OF PROHIBITION ON PROCUREMENT BY 
DEPARTMENT OF DEFENSE OF PEOPLE’S REPUBLIC OF 
CHINA-ORIGIN ITEMS THAT MEET THE DEFINITION OF 
GOODS AND SERVICES CONTROLLED AS MUNITIONS 
ITEMS WHEN MOVED TO THE ‘‘600 SERIES’’ OF THE COM-
MERCE CONTROL LIST. 
(a) IN
GENERAL.—Section 1211 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 
U.S.C. 2302 note) is amended— 
(1) in subsection (b), by inserting ‘‘or in the 600 series 
of the control list of the Export Administration Regulations’’ 
after ‘‘in Arms Regulations’’; and 
(2) in subsection (e), by adding at the end the following 
new paragraph: 
‘‘(3) The term ‘600 series of the control list of the Export 
Administration Regulations’ means the 600 series of the Com-
merce Control List contained in Supplement No. 1 to part 
774 of subtitle B of title 15 of the Code of Federal Regulations.’’. 
(b) TECHNICAL CORRECTIONS TO ITAR REFERENCES.—Such sec-
tion is further amended by striking ‘‘Trafficking’’ both places it 
appears and inserting ‘‘Traffic’’. 
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130 STAT. 2563 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1297. INTERNATIONAL SALES PROCESS IMPROVEMENTS. 
(a) PLAN REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall develop 
a plan to improve the management and use of fees collected on 
transfer of defense articles and services via sale, lease, or grant 
to international customers under programs over which the Defense 
Security Cooperation Agency has administration responsibilities. 
The plan shall include options to use fees more effectively— 
(1) to improve the staffing and processes of the licensing 
review cycle at the Defense Technology Security Administration 
and other reviewing authorities; and 
(2) to maintain a cadre of contracting officers and acquisi-
tion officials who specialize in foreign military sales contracting. 
(b) PROCESS FOR GATHERING INPUT.—The Secretary of Defense 
shall establish a process for contractors to provide input, feedback, 
and adjudication of any differences regarding the appropriateness 
of governmental pricing and availability estimates prior to the 
delivery to potential foreign customers of formal responses to Letters 
of Request for Pricing and Availability. 
SEC. 1298. EFFORTS TO END MODERN SLAVERY. 
(a) ACTIONS BY THE SECRETARY OF DEFENSE.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
provide to the appropriate congressional committees a briefing 
on the policies and guidance of the Department of Defense 
with respect to the education and training on human slavery 
and the appropriate role of the United States Armed Forces 
in combatting trafficking in persons that is received by per-
sonnel of the Armed Forces, including uniformed personnel 
and civilians engaged in partnership with foreign nations. 
(2) ELEMENTS.—The briefing required under paragraph (1) 
shall address— 
(A) resources available for Armed Forces personnel 
who become aware of instances of human slavery or traf-
ficking in persons while deployed overseas; and 
(B) guidance on the requirement to make official 
reports through the chain of command, the roles and 
responsibilities of military and civilian officials of the 
United States Armed Forces and host nations, cir-
cumstances in which members of the Armed Forces are 
authorized to take immediate action to prevent loss of 
life or serious injury, and the authority to use appropriate 
force to stop or prevent sexual abuse or exploitation of 
children. 
(b) GRANT AUTHORIZATION.—The Secretary of State is author-
ized to make a grant or grants of funding to provide support 
for transformational programs and projects that seek to achieve 
a measurable and substantial reduction of the prevalence of modern 
slavery in targeted populations within partner countries (or jurisdic-
tions thereof). 
(c) MONITORING AND EVALUATION.—Any grantee shall— 
(1) develop specific and detailed criteria for the monitoring 
and evaluation of supported projects; 
(2) implement a system for measuring progress against 
baseline data that is rigorously designed based on international 
corporate and nongovernmental best practices; 
22 USC 7114. 
22 USC 2761 
note. 
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130 STAT. 2564 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) ensure that each supported project is regularly and 
rigorously monitored and evaluated, on a not less than biennial 
basis, by an independent monitoring and evaluation entity, 
against the specific and detailed criteria established pursuant 
to paragraph (1), and that the progress of the project towards 
its stated goals is measured by such entity against baseline 
data; 
(4) support the development of a scientifically sound, rep-
resentative survey methodology for measuring prevalence with 
reference to existing research and experience, and apply the 
methodology consistently to determine the baseline prevalence 
in target populations and outcomes in order to periodically 
assess progress in reducing prevalence; and 
(5) establish, and revise on a not less than annual basis, 
specific and detailed criteria for the suspension and termi-
nation, as appropriate, of projects supported by the grantee 
that regularly or consistently fail to meet the criteria required 
by this section. 
(d) AUDITING.— 
(1) IN GENERAL.—Any grantee shall be subject to the same 
auditing, recordkeeping, and reporting obligations required 
under subsections (e), (f), (g), and (i) of section 504 of the 
National Endowment for Democracy Act (22 U.S.C. 4413). 
(2) COMPTROLLER GENERAL AUDIT AUTHORITY.— 
(A) IN
GENERAL.—The Comptroller General of the 
United States may evaluate the financial transactions of 
the grantee as well as the programs or activities the 
grantee carries out pursuant to this section. 
(B) ACCESS TO RECORDS.—Any grantee shall provide 
the Comptroller General, or the Comptroller General’s duly 
authorized representatives, access to such records as the 
Comptroller General determines necessary to conduct 
evaluations authorized by this section. 
(e) ANNUAL REPORT.—Any grant recipient shall submit a report 
to the Secretary of State annually and the Secretary shall transmit 
it to the appropriate congressional committees within 30 days. 
Such report shall include the names of each of the projects or 
sub-grantees receiving such funding pursuant to this section and 
the amount of funding provided for, along with a detailed descrip-
tion of, each such project. 
(f) RULE OF CONSTRUCTION REGARDING AVAILABILITY OF FISCAL 
YEAR 2016 APPROPRIATIONS.—The enactment of this section is 
deemed to meet the condition of the first proviso of paragraph 
(2) of section 7060(f) of the Department of State, Foreign Operations, 
and Related Appropriations Act, 2016 (division K of Public Law 
114–113), and the funds referred to in such paragraph shall be 
made available in accordance with, and for the purposes set forth 
in, such paragraph. 
(g) AUTHORIZATION OF APPROPRIATIONS; SUNSET.— 
(1) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 
2017 THROUGH 2020.—There is authorized to be appropriated 
to the Department of State for the purpose of making a grant 
or grants authorized under this section, for each fiscal year 
from 2017 through 2020, $37,500,000. 
(2) SUNSET.—The authorities of subsections (b) through 
(f) shall expire on September 30, 2020. 
(h) COMPTROLLER GENERAL REVIEW OF EXISTING PROGRAMS.— 
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130 STAT. 2565 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Not later than September 30, 2018, and 
September 30, 2020, the Comptroller General of the United 
States shall submit to Congress a report on all of the programs 
conducted by the Department of State, the United States 
Agency for International Development, the Department of 
Labor, the Department of Defense, and the Department of 
the Treasury that address human trafficking and modern 
slavery, including a detailed analysis of the effectiveness of 
such programs in limiting human trafficking and modern 
slavery and specific recommendations on which programs are 
not effective at reducing the prevalence of human trafficking 
and modern slavery and how the funding for such programs 
may be redirected to more effective efforts. 
(2) CONSIDERATION OF REPORT.—The Comptroller General 
of the United States shall brief the appropriate congressional 
committees on the report submitted under paragraph (1). The 
appropriate congressional committees shall review and consider 
the reports and shall, as appropriate, consider modifications 
to authorization levels and programs within the jurisdiction 
of such committees to address the recommendations made in 
the report. 
(i) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Foreign Relations, the Committee 
on Armed Services, and the Committee on Appropriations of 
the Senate; and 
(2) the Committee on Foreign Affairs, the Committee on 
Armed Services, and the Committee on Appropriations of the 
House of Representatives. 
TITLE XIII—COOPERATIVE THREAT 
REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in 
People’s Republic of China. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
FUNDS. 
(a) FISCAL YEAR 2017 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—In this title, the term ‘‘fiscal year 2017 Cooperative 
Threat Reduction funds’’ means the funds appropriated pursuant 
to the authorization of appropriations in section 301 and made 
available by the funding table in division D for the Department 
of Defense Cooperative Threat Reduction Program established 
under section 1321 of the Department of Defense Cooperative 
Threat Reduction Act (50 U.S.C. 3711). 
(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 and made avail-
able by the funding table in division D for the Department of 
Defense Cooperative Threat Reduction Program shall be available 
for obligation for fiscal years 2017, 2018, and 2019. 
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130 STAT. 2566 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) IN GENERAL.—Of the $325,604,000 authorized to be appro-
priated to the Department of Defense for fiscal year 2017 in section 
301 and made available by the funding table in division D for 
the Department of Defense Cooperative Threat Reduction Program 
established under section 1321 of the Department of Defense 
Cooperative Threat Reduction Act (50 U.S.C. 3711), the following 
amounts may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination, $11,791,000. 
(2) For chemical weapons destruction, $2,942,000. 
(3) For global nuclear security, $16,899,000. 
(4) For cooperative biological engagement, $213,984,000. 
(5) For proliferation prevention, $50,709,000, of which— 
(A) $4,000,000 may be obligated for purposes relating 
to nuclear nonproliferation assisted or caused by additive 
manufacture technology (commonly referred to as ‘‘3D 
printing’’); 
(B) $4,000,000 may be obligated for monitoring the 
‘‘proliferation pathways’’ under the Joint Comprehensive 
Plan of Action; 
(C) $4,000,000 may be obligated for enhancing law 
enforcement cooperation and intelligence sharing; and 
(D) $4,000,000 may be obligated for the Proliferation 
Security Initiative under subtitle B of title XVIII of the 
Implementing Recommendations of the 9/11 Commission 
Act of 2007 (50 U.S.C. 2911 et seq.). 
(6) For threat reduction engagement, $2,000,000. 
(7) For activities designated as Other Assessments/ 
Administrative Costs, $27,279,000. 
(b) MODIFICATIONS TO CERTAIN REQUIREMENTS.—The Depart-
ment of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 
et seq.) is amended as follows: 
(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended 
by striking ‘‘15 days’’ and inserting ‘‘45 days’’. 
(2) Section 1322(b) (50 U.S.C. 3712(b)) is amended— 
(A) by striking ‘‘At the time at which’’ and inserting 
‘‘Not later than 15 days before the date on which’’; 
(B) in paragraph (1), by striking ‘‘; and’’ and inserting 
a semicolon; 
(C) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(D) by adding at the end the following new paragraph: 
‘‘(3) a discussion of— 
‘‘(A) whether authorities other than the authority 
under this section are available to the Secretaries to per-
form such project or activity to meet the threats or goals 
identified under subsection (a)(1); and 
‘‘(B) if such other authorities exist, why the Secretaries 
were not able to use such authorities for such project 
or activity.’’. 
(3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended 
by striking ‘‘at the time at which’’ and inserting ‘‘not later 
than seven days before the date on which’’. 
(4) Section 1324 (50 U.S.C. 3714) is amended— 
(A) in subsection (a)(1)(C), by striking ‘‘15 days’’ and 
inserting ‘‘45 days’’; and 
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130 STAT. 2567 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) in subsection (b)(3), by striking ‘‘15 days’’ and 
inserting ‘‘45 days’’. 
(c) JOINT COMPREHENSIVE PLAN OF ACTION DEFINED.—In this 
section, the term ‘‘Joint Comprehensive Plan of Action’’ means 
the Joint Comprehensive Plan of Action, signed at Vienna July 
14, 2015, by Iran and by the People’s Republic of China, France, 
Germany, the Russian Federation, the United Kingdom, and the 
United States, with the High Representative of the European Union 
for Foreign Affairs and Security Policy, and all implementing mate-
rials and agreements related to the Joint Comprehensive Plan 
of Action, and transmitted by the President to Congress on July 
19, 2015, pursuant to section 135(a) of the Atomic Energy Act 
of 1954, as amended by the Iran Nuclear Agreement Review Act 
of 2015 (Public Law 114–17; 129 Stat. 201). 
SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERA-
TIVE THREAT REDUCTION IN PEOPLE’S REPUBLIC OF 
CHINA. 
(a) IN GENERAL.—The Department of Defense Cooperative 
Threat Reduction Act (50 U.S.C. 3701 et seq.) is amended by 
inserting after section 1334 the following new section: 
‘‘SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERA-
TIVE THREAT REDUCTION ACTIVITIES IN PEOPLE’S 
REPUBLIC OF CHINA. 
‘‘(a) SEMIANNUAL INSTALLMENTS.—In carrying out activities 
under the Program in the People’s Republic of China, the Secretary 
of Defense shall ensure that Cooperative Threat Reduction funds 
for such activities are obligated or expended in semiannual install-
ments. 
‘‘(b) REQUIRED REPORTS.— 
‘‘(1) ADDITIONAL INFORMATION.—With respect to carrying 
out activities under the Program in the People’s Republic of 
China, the Secretary of Defense shall submit to the congres-
sional defense committees the reports required by section 
1321(g) on a semiannual basis by not later than 15 days before 
any obligation of Cooperative Threat Reduction funds for such 
activities during the covered semiannual period. In addition 
to the matters required by such section, each such report shall 
include, in coordination with the Secretary of State— 
‘‘(A) whether China has taken material steps to— 
‘‘(i) disrupt the proliferation activities of Li 
Fangwei (also known as Karl Lee, or any other alias 
known by the United States); and 
‘‘(ii) arrest Li Fangwei pursuant the indictment 
charged in the United States District Court for the 
Southern District of New York on April 29, 2014; 
‘‘(B) whether China has proliferated to any non-nuclear 
weapons state, or any nuclear weapons state in violation 
of the Treaty on the Non-Proliferation of Nuclear Weapons, 
any item that contributes to a ballistic missile or nuclear 
weapons delivery system; and 
‘‘(C) the number, type, and summary of any demarches 
between the United States and China with respect to the 
matters described in subparagraphs (A) and (B). 
‘‘(2) ADDITIONAL SUBMISSIONS.—At the same time as the 
Secretary of Defense submits to the congressional defense 
committees the information described in subparagraphs (A), 
50 USC 3735. 
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130 STAT. 2568 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B), and (C) of paragraph (1) as part of the reports required 
by section 1321(g), the Secretary shall submit to the Committee 
on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate such information. 
‘‘(3) COVERAGE.—With respect to the information described 
in subparagraphs (A), (B), and (C) of paragraph (1)— 
‘‘(A) the first report described in such paragraph that 
is submitted after the date of the enactment of this section 
shall cover the preceding 12-month period before the date 
of such submission; and 
‘‘(B) each subsequent report shall cover the semiannual 
period preceding the date of such submission. 
‘‘(4) FORM.—The information described in subparagraphs 
(A), (B), and (C) of paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex.’’. 
(b) CONFORMING AMENDMENTS.—Section 1321(g) of such Act 
(50 U.S.C. 3711(g)) is amended— 
(1) in paragraph (1)— 
(A) in the heading, by striking ‘‘ANNUAL REQUIREMENT’’ 
and inserting ‘‘REPORTS REQUIREMENT’’; and 
(B) by striking ‘‘that fiscal year’’ and inserting ‘‘that 
fiscal year (or, in accordance with section 1335(b), the 
semiannual period covered by the report)’’; and 
(2) in paragraph (3), by striking ‘‘Paragraph (1)’’ and 
inserting ‘‘Except for Cooperative Threat Reduction funds sub-
ject to section 1335, paragraph (1)’’. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1404. Defense Inspector General. 
Sec. 1405. Defense Health Program. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authority to dispose of certain materials from and to acquire additional 
materials for the National Defense Stockpile. 
Sec. 1412. National Defense Stockpile matters. 
Subtitle C—Chemical Demilitarization Matters 
Sec. 1421. National Academies of Sciences study on conventional munitions demili-
tarization alternative technologies. 
Subtitle D—Other Matters 
Sec. 1431. Authority for transfer of funds to joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-
tain James A. Lovell Health Care Center, Illinois. 
Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home. 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds, as specified in the funding 
table in section 4501. 
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130 STAT. 2569 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2017 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, as specified in 
the funding table in section 4501. 
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, as specified in the funding table in section 4501. 
SEC. 1404. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, as specified in the funding table in section 4501. 
SEC. 1405. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the Defense Health Program, as specified in the funding 
table in section 4501, for use of the Armed Forces and other activi-
ties and agencies of the Department of Defense in providing for 
the health of eligible beneficiaries. 
Subtitle B—National Defense Stockpile 
SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM 
AND TO ACQUIRE ADDITIONAL MATERIALS FOR THE 
NATIONAL DEFENSE STOCKPILE. 
(a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) of the Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), 
the National Defense Stockpile Manager may dispose of the fol-
lowing materials contained in the National Defense Stockpile in 
the following quantities: 
(1) 27 short tons of beryllium. 
(2) 111,149 short tons of chromium, ferroalloy. 
(3) 2,973 short tons of chromium metal. 
(4) 8,380 troy ounces of platinum. 
(5) 275,741 pounds of contained tungsten metal powder. 
(6) 12,433,796 pounds of contained tungsten ores and con-
centrates. 
(b) ACQUISITION AUTHORITY.— 
(1) AUTHORITY.—Using funds available in the National 
Defense Stockpile Transaction Fund, the National Defense 
50 USC 98d note. 
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130 STAT. 2570 
PUBLIC LAW 114–328—DEC. 23, 2016 
Stockpile Manager may acquire the following materials deter-
mined to be strategic and critical materials required to meet 
the defense, industrial, and essential civilian needs of the 
United States: 
(A) High modulus and high strength carbon fibers. 
(B) Tantalum. 
(C) Germanium. 
(D) Tungsten rhenium metal. 
(E) Boron carbide powder. 
(F) Europium. 
(G) Silicon carbide fiber. 
(2) AMOUNT OF AUTHORITY.—The National Defense Stock-
pile Manager may use up to $55,000,0000 in the National 
Defense Stockpile Transaction Fund for acquisition of the mate-
rials specified paragraph (1). 
(3) FISCAL YEAR LIMITATION.—The authority under para-
graph (1) is available for purchases during fiscal year 2017 
through fiscal year 2021. 
SEC. 1412. NATIONAL DEFENSE STOCKPILE MATTERS. 
(a) MATERIALS CONSTITUTING THE NATIONAL DEFENSE STOCK-
PILE.—Section 4 of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98c) is amended— 
(1) in subsection (b), by striking ‘‘required for’’ and inserting 
‘‘suitable for transfer or disposal through’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘(1)’’ and all that follows through ‘‘(2)’’; 
and 
(B) by striking ‘‘this subsection’’ and inserting ‘‘sub-
section (b)’’. 
(b) QUALIFICATION
OF DOMESTIC SOURCES.—Section 15(a) of 
such Act (50 U.S.C. 98h–6(a)) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following new paragraphs: 
‘‘(3) by qualifying existing domestic facilities and domesti-
cally produced strategic and critical materials to meet the 
requirements of defense and essential civilian industries in 
times of national emergency when existing domestic sources 
of supply are either insufficient or vulnerable to single points 
of failure; and 
‘‘(4) by contracting with domestic facilities to recycle stra-
tegic and critical materials, thereby increasing domestic sup-
plies when such materials would otherwise be insufficient to 
support defense and essential civilian industries in times of 
national emergency.’’. 
Subtitle C—Chemical Demilitarization 
Matters 
SEC. 1421. NATIONAL ACADEMIES OF SCIENCES STUDY ON CONVEN-
TIONAL MUNITIONS DEMILITARIZATION ALTERNATIVE 
TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary of the Army shall enter into 
an arrangement with the Board on Army Science and Technology 
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130 STAT. 2571 
PUBLIC LAW 114–328—DEC. 23, 2016 
of the National Academies of Sciences, Engineering, and Medicine 
to conduct a study of the conventional munitions demilitarization 
program of the Department of Defense. 
(b) ELEMENTS.—The study required pursuant to subsection (a) 
shall include the following: 
(1) A review of the current conventional munitions demili-
tarization stockpile, including types of munitions and types 
of materials contaminated with propellants or energetics, and 
the disposal technologies used. 
(2) An analysis of disposal, treatment, and reuse tech-
nologies, including technologies currently used by the Depart-
ment and emerging technologies used or being developed by 
private or other governmental agencies, including a comparison 
of cost, throughput capacity, personnel safety, and environ-
mental impacts. 
(3) An identification of munitions types for which alter-
natives to open burning, open detonation, or non-closed loop 
incineration/combustion are not used. 
(4) An identification and evaluation of any barriers to full- 
scale deployment of alternatives to open burning, open detona-
tion, or non-closed loop incineration/combustion, and rec-
ommendations to overcome such barriers. 
(5) An evaluation whether the maturation and deployment 
of governmental or private technologies currently in research 
and development would enhance the conventional munitions 
demilitarization capabilities of the Department. 
(c) SUBMITTAL TO CONGRESS.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees the study conducted pursu-
ant to subsection (a). 
Subtitle D—Other Matters 
SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-
MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 
MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 
JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 
(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds author-
ized to be appropriated by section 1405 and available for the Defense 
Health Program for operation and maintenance, $122,400,000 may 
be transferred by the Secretary of Defense to the Joint Department 
of Defense–Department of Veterans Affairs Medical Facility Dem-
onstration Fund established by subsection (a)(1) of section 1704 
of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2571). For purposes of subsection 
(a)(2) of such section 1704, any funds so transferred shall be treated 
as amounts authorized and appropriated specifically for the purpose 
of such a transfer. 
(b) USE OF TRANSFERRED FUNDS.—For the purposes of sub-
section (b) of such section 1704, facility operations for which funds 
transferred under subsection (a) may be used are operations of 
the Captain James A. Lovell Federal Health Care Center, consisting 
of the North Chicago Veterans Affairs Medical Center, the Navy 
Ambulatory Care Center, and supporting facilities designated as 
a combined Federal medical facility under an operational agreement 
covered by section 706 of the Duncan Hunter National Defense 
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130 STAT. 2572 
PUBLIC LAW 114–328—DEC. 23, 2016 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4500). 
SEC. 1432. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
2017 from the Armed Forces Retirement Home Trust Fund the 
sum of $64,300,000 for the operation of the Armed Forces Retire-
ment Home. 
TITLE XV—AUTHORIZATION OF ADDI-
TIONAL APPROPRIATIONS FOR OVER-
SEAS CONTINGENCY OPERATIONS 
Subtitle A—Authorization of Appropriations 
Sec. 1501. Purpose and treatment of certain authorizations of appropriations. 
Sec. 1502. Procurement. 
Sec. 1503. Research, development, test, and evaluation. 
Sec. 1504. Operation and maintenance. 
Sec. 1505. Military personnel. 
Sec. 1506. Working capital funds. 
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1508. Defense Inspector General. 
Sec. 1509. Defense Health program. 
Subtitle B—Financial Matters 
Sec. 1511. Treatment as additional authorizations. 
Sec. 1512. Special transfer authority. 
Subtitle C—Limitations, Reports, and Other Matters 
Sec. 1521. Afghanistan Security Forces Fund. 
Sec. 1522. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat 
Fund for training of foreign security forces to defeat improvised explo-
sive devices. 
Sec. 1524. Overseas contingency operations. 
Sec. 1525. Extension and modification of authorities on Counterterrorism Partner-
ships Fund. 
Subtitle A—Authorization of 
Appropriations 
SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS 
OF APPROPRIATIONS. 
(a) PURPOSE.—The purpose of this subtitle is to authorize appro-
priations for the Department of Defense for fiscal year 2017 to 
provide additional funds— 
(1) for overseas contingency operations being carried out 
by the Armed Forces; and 
(2) pursuant to sections 1502, 1503, 1504, 1505, and 1507 
for expenses, not otherwise provided for, for procurement, 
research, development, test, and evaluation, operation and 
maintenance, military personnel, and defense-wide drug inter-
diction and counter-drug activities, as specified in the funding 
tables in sections 4103, 4203, 4303, 4403, and 4503. 
(b) SUPPORT OF BASE BUDGET REQUIREMENTS; TREATMENT.— 
Funds identified in subsection (a)(2) are being authorized to be 
appropriated in support of base budget requirements as requested 
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130 STAT. 2573 
PUBLIC LAW 114–328—DEC. 23, 2016 
by the President for fiscal year 2017 pursuant to section 1105(a) 
of title 31, United States Code. The Director of the Office of Manage-
ment and Budget shall apportion the funds identified in such sub-
section to the Department of Defense without restriction, limitation, 
or constraint on the execution of such funds in support of base 
requirements, including any restriction, limitation, or constraint 
imposed by, or described in, the document entitled ‘‘Criteria for 
War/Overseas Contingency Operations Funding Requests’’ trans-
mitted by the Director to the Department of Defense on September 
9, 2010, or any successor or related guidance. 
SEC. 1502. PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for procurement accounts for the Army, the Navy and the 
Marine Corps, the Air Force, and Defense-wide activities, as speci-
fied in— 
(1) the funding table in section 4102; or 
(2) the funding table in section 4103. 
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in— 
(1) the funding table in section 4202; or 
(2) the funding table in section 4203. 
SEC. 1504. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, as specified in— 
(1) the funding table in section 4302, or 
(2) the funding table in section 4303. 
SEC. 1505. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for military personnel, as specified in— 
(1) the funding table in section 4402; or 
(2) the funding table in section 4403. 
SEC. 1506. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds, as specified in the funding 
table in section 4502. 
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, as specified in— 
(1) the funding table in section 4502; or 
(2) the funding table in section 4503. 
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130 STAT. 2574 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1508. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, as specified in the funding table in section 4502. 
SEC. 1509. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise 
provided for, for the Defense Health Program, as specified in the 
funding table in section 4502. 
Subtitle B—Financial Matters 
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this title are 
in addition to amounts otherwise authorized to be appropriated 
by this Act. 
SEC. 1512. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this title for fiscal 
year 2017 between any such authorizations for that fiscal year 
(or any subdivisions thereof). 
(2) EFFECT
OF
TRANSFER.—Amounts of authorizations 
transferred under this subsection shall be merged with and 
be available for the same purposes as the authorization to 
which transferred. 
(3) LIMITATIONS.—The total amount of authorizations that 
the Secretary may transfer under the authority of this sub-
section may not exceed $3,500,000,000. 
(4) EXCEPTION.—In the case of the authorizations of appro-
priations contained in sections 1502, 1503, 1504, 1505, and 
1507 that are provided for the purpose specified in section 
1501(a)(2), the transfer authority provided under section 1001, 
rather than the transfer authority provided by this subsection, 
shall apply to any transfer of amounts of such authorizations. 
(b) TERMS AND CONDITIONS.—Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to the transfer authority provided 
under section 1001. 
Subtitle C—Limitations, Reports, and 
Other Matters 
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. 
(a) CONTINUATION
OF PRIOR AUTHORITIES
AND NOTICE
AND 
REPORTING REQUIREMENTS.—Funds available to the Department 
of Defense for the Afghanistan Security Forces Fund for fiscal 
year 2017 shall be subject to the conditions contained in subsections 
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130 STAT. 2575 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) through (g) of section 1513 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), 
as amended by section 1531(b) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4424). 
(b) EQUIPMENT DISPOSITION.— 
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to para-
graph (2), the Secretary of Defense may accept equipment that 
is procured using amounts in the Afghanistan Security Forces 
Fund authorized under this Act and is intended for transfer 
to the security forces of Afghanistan, but is not accepted by 
such security forces. 
(2) CONDITIONS
ON
ACCEPTANCE
OF
EQUIPMENT.—Before 
accepting any equipment under the authority provided by para-
graph (1), the Commander of United States forces in Afghani-
stan shall make a determination that the equipment was pro-
cured for the purpose of meeting requirements of the security 
forces of Afghanistan, as agreed to by both the Government 
of Afghanistan and the United States, but is no longer required 
by such security forces or was damaged before transfer to 
such security forces. 
(3) ELEMENTS OF DETERMINATION.—In making a determina-
tion under paragraph (2) regarding equipment, the Commander 
of United States forces in Afghanistan shall consider alter-
natives to Secretary of Defense acceptance of the equipment. 
An explanation of each determination, including the basis for 
the determination and the alternatives considered, shall be 
included in the relevant quarterly report required under para-
graph (5). 
(4) TREATMENT
AS
DEPARTMENT
OF
DEFENSE
STOCKS.— 
Equipment accepted under the authority provided by paragraph 
(1) may be treated as stocks of the Department of Defense 
upon notification to the congressional defense committees of 
such treatment. 
(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—Not 
later than 90 days after the date of the enactment of this 
Act and every 90-day period thereafter during which the 
authority provided by paragraph (1) is exercised, the Secretary 
of Defense shall submit to the congressional defense committees 
a report describing the equipment accepted under this sub-
section, section 1531(d) of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 
10 U.S.C. 2302 note), and section 1532(b) of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3612) 
during the period covered by the report. Each report shall 
include a list of all equipment that was accepted during the 
period covered by the report and treated as stocks of the Depart-
ment and copies of the determinations made under paragraph 
(2), as required by paragraph (3). 
(c) PLAN TO PROMOTE SECURITY OF AFGHAN WOMEN.— 
(1) REPORTING REQUIREMENT.—The Secretary of Defense, 
with the concurrence of the Secretary of State, shall include 
in each report required under section 1225 of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3550)— 
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130 STAT. 2576 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) a current assessment of the security of Afghan 
women and girls, including information regarding efforts 
to increase the recruitment and retention of women in 
the Afghan National Security Forces; and 
(B) a current assessment of the implementation of 
the plans for the recruitment, integration, retention, 
training, treatment, and provision of appropriate facilities 
and transportation for women in the Afghan National Secu-
rity Forces, including the challenges associated with such 
implementation and the steps being taken to address those 
challenges. 
(2) PLAN REQUIRED.— 
(A) IN GENERAL.—The Secretary of Defense, with the 
concurrence of the Secretary of State, shall support, to 
the extent practicable, the efforts of the Government of 
Afghanistan to promote the security of Afghan women and 
girls during and after the security transition process 
through the development and implementation by the 
Government of Afghanistan of an Afghan-led plan that 
should include the elements described in this paragraph. 
(B) TRAINING.—The Secretary of Defense, with the 
concurrence of the Secretary of State and working with 
the NATO-led Resolute Support mission, should encourage 
the Government of Afghanistan to develop— 
(i) measures for the evaluation of the effectiveness 
of existing training for Afghan National Security Forces 
on this issue; 
(ii) a plan to increase the number of female secu-
rity officers specifically trained to address cases of 
gender-based violence, including ensuring the Afghan 
National Police’s Family Response Units have the nec-
essary resources and are available to women across 
Afghanistan; 
(iii) mechanisms to enhance the capacity for units 
of National Police’s Family Response Units to fulfill 
their mandate as well as indicators measuring the 
operational effectiveness of these units; 
(iv) a plan to address the development of account-
ability mechanisms for Afghanistan National Army and 
Afghanistan National Police personnel who violate 
codes of conduct relating to the human rights of women 
and girls, including female members of the Afghan 
National Security Forces; 
(v) a plan to address the development of account-
ability mechanisms for Afghanistan National Army and 
Afghanistan National Police personnel who violate 
codes of conduct relating to protecting children from 
sexual abuse; and 
(vi) a plan to develop training for the Afghanistan 
National Army and the Afghanistan National Police 
to increase awareness and responsiveness among 
Afghanistan National Army and Afghanistan National 
Police personnel regarding the unique security chal-
lenges women confront when serving in those forces. 
(C) ENROLLMENT AND TREATMENT.—The Secretary of 
Defense, with the concurrence of the Secretary of State 
and in cooperation with the Afghan Ministries of Defense 
22 USC 7513 
note. 
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130 STAT. 2577 
PUBLIC LAW 114–328—DEC. 23, 2016 
and Interior, shall seek to assist the Government of 
Afghanistan in including as part of the plan developed 
under subparagraph (A) the development and implementa-
tion of a plan to increase the number of female members 
of the Afghanistan National Army and the Afghanistan 
National Police and to promote their equal treatment, 
including through such steps as providing appropriate 
equipment, modifying facilities, and ensuring literacy and 
gender awareness training for recruits. 
(D) ALLOCATION OF FUNDS.— 
(i) IN
GENERAL.—Of the funds available to the 
Department of Defense for the Afghan Security Forces 
Fund for fiscal year 2017, it is the goal that 
$25,000,000, but in no event less than $10,000,000, 
shall be used for— 
(I) the recruitment, integration, retention, 
training, and treatment of women in the Afghan 
National Security Forces; and 
(II) the recruitment, training, and contracting 
of female security personnel for future elections. 
(ii) TYPES
OF
PROGRAMS
AND
ACTIVITIES.—Such 
programs and activities may include— 
(I) efforts to recruit women into the Afghan 
National Security Forces, including the special 
operations forces; 
(II) programs and activities of the Afghan Min-
istry of Defense Directorate of Human Rights and 
Gender Integration and the Afghan Ministry of 
Interior Office of Human Rights, Gender and Child 
Rights; 
(III) development and dissemination of gender 
and human rights educational and training mate-
rials and programs within the Afghan Ministry 
of Defense and the Afghan Ministry of Interior; 
(IV) efforts to address harassment and 
violence 
against 
women 
within 
the 
Afghan 
National Security Forces; 
(V) 
improvements 
to 
infrastructure 
that 
address the requirements of women serving in the 
Afghan National Security Forces, including appro-
priate equipment for female security and police 
forces, and transportation for policewomen to their 
station; 
(VI) support for Afghanistan National Police 
Family Response Units; and 
(VII) security provisions for high-profile female 
police and army officers. 
(d) REPORTING REQUIREMENT.— 
(1) SEMI-ANNUAL REPORTS.—Not later than January 31 and 
July 31 of each year through January 31, 2021, the Secretary 
of Defense shall submit to the congressional defense committees 
a report summarizing the details of any obligation or transfer 
of funds from the Afghanistan Security Forces Fund during 
the preceding six-calendar month period. 
(2) CONFORMING REPEALS.—(A) Section 1513 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 428), as amended by section 1531(b) of 
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130 STAT. 2578 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 4424), is further 
amended by striking subsection (g). 
(B) Section 1517 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2442) is amended by striking subsection (f). 
SEC. 1522. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 
(a) USE AND TRANSFER OF FUNDS.—Subsection 1532(a) of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1091) is amended by striking ‘‘fiscal year 
2016’’ and inserting ‘‘fiscal years 2016 and 2017’’. 
(b) EXTENSION
OF INTERDICTION
OF IMPROVISED EXPLOSIVE 
DEVICE PRECURSOR CHEMICALS AUTHORITY.—Subsection (c) of sec-
tion 1532 of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 2057) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘for fiscal year 2013 and for fiscal 
year 2016,’’ and inserting ‘‘for fiscal years 2013, 2016, and 
2017’’; 
(B) by inserting ‘‘with the concurrence of the Secretary 
of State’’ after ‘‘may be available to the Secretary of 
Defense’’; 
(C) by striking ‘‘of the Government of Pakistan’’ and 
inserting ‘‘of foreign governments’’; and 
(D) by striking ‘‘from Pakistan to locations in Afghani-
stan’’; 
(2) in paragraph (2), by striking ‘‘of the Government of 
Pakistan’’ and inserting ‘‘of foreign governments’’; and 
(3) in paragraph (4), as most recently amended by section 
1532(b)(2) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 1091), by striking 
‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. 
(c) NOTICE TO CONGRESS.—Paragraph (3) of such subsection 
is amended to read as follows: 
‘‘(3) NOTICE TO CONGRESS.—None of the funds made avail-
able pursuant to paragraph (1) may be obligated or expended 
to supply training, equipment, supplies, or services to a foreign 
country before the date that is 15 days after the date on 
which the Secretary of Defense, in coordination with the Sec-
retary of State, submits to the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate and 
the Committee on Armed Services and the Committee on For-
eign Affairs of the House of Representatives a notice that 
contains— 
‘‘(A) the foreign country for which training, equipment, 
supplies, or services are proposed to be supplied; 
‘‘(B) a description of the training, equipment, supplies, 
and services to be provided using such funds; 
‘‘(C) a detailed description of the amount of funds pro-
posed to be obligated or expended to supply such training, 
equipment, supplies or services, including any funds pro-
posed to be obligated or expended to support the participa-
tion of another department or agency of the United States 
and a description of the training, equipment, supplies, or 
services proposed to be supplied; 
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130 STAT. 2579 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(D) an evaluation of the effectiveness of the efforts 
of the foreign country identified under subparagraph (A) 
to counter the flow of improvised explosive device precursor 
chemicals; and 
‘‘(E) an overall plan for countering the flow of precursor 
chemicals in the foreign country identified under subpara-
graph (A).’’. 
SEC. 1523. EXTENSION OF AUTHORITY TO USE JOINT IMPROVISED 
EXPLOSIVE DEVICE DEFEAT FUND FOR TRAINING OF 
FOREIGN SECURITY FORCES TO DEFEAT IMPROVISED 
EXPLOSIVE DEVICES. 
Section 1533(e) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1093) is amended 
by striking ‘‘September 30, 2018’’ and inserting ‘‘September 30, 
2020’’. 
SEC. 1524. OVERSEAS CONTINGENCY OPERATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2017 for the Department of Defense for overseas contingency oper-
ations in such amounts as may be designated as provided in section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
SEC. 1525. EXTENSION AND MODIFICATION OF AUTHORITIES ON 
COUNTERTERRORISM PARTNERSHIPS FUND. 
(a) EXTENSION.—Section 1534 of the Carl Levin and Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal 
Year 2015 (Public Law 113–291; 128 Stat. 3616) is amended— 
(1) in subsection (a), by striking ‘‘Amounts authorized to 
be appropriated for fiscal year 2015 by this title’’ and inserting 
‘‘Subject to subsection (b), amounts authorized to be appro-
priated through fiscal year 2017’’; and 
(2) in subsection (h), by striking ‘‘December 31, 2016’’ and 
inserting ‘‘December 31, 2017’’. 
(b) LIMITATION
ON USE
OF FUNDS AUTHORIZED
FOR FISCAL 
YEAR 2016.—Such section is further amended— 
(1) by redesignating subsections (b) through (h) as sub-
sections (c) through (i), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) LIMITATION ON USE OF FUNDS AUTHORIZED FOR FISCAL 
YEAR 2016.—Amounts authorized to be appropriated for fiscal year 
2016 for the Counterterrorism Partnerships Fund may only be 
used for the purposes specified in subsection (a)(2). In the use 
of such amounts, any reference in this section to ‘subsection (a)’ 
shall be deemed to be a reference to ‘subsection (a)(2)’.’’. 
(c) ADMINISTRATION OF FUND.—Subsection (e) of such section, 
as redesignated by subsection (b)(1) of this section, is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraphs (4), (5), and (6) as para-
graphs (3), (4), and (5), respectively. 
(d) REPORTS.—Subsection (h) of such section, as redesignated 
by subsection (b)(1) of this section, is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘and 2017’’ and inserting ‘‘2017, and 
2018’’; and 
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130 STAT. 2580 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) by striking ‘‘and 2016’’ and inserting ‘‘2016, and 
2017’’; 
(2) in paragraph (4), by striking ‘‘subsection (d)(5)’’ and 
inserting ‘‘subsection (e)(4)’’; and 
(3) in paragraph (5), by striking ‘‘subsection (f)’’ and 
inserting ‘‘subsection (g)’’. 
TITLE XVI—STRATEGIC PROGRAMS, 
CYBER, AND INTELLIGENCE MATTERS 
Subtitle A—Space Activities 
Sec. 1601. Repeal of provision permitting the use of rocket engines from the Rus-
sian Federation for the evolved expendable launch vehicle program. 
Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of 
rocket engines for the evolved expendable launch vehicle program. 
Sec. 1603. Rocket propulsion system to replace RD–180. 
Sec. 1604. Plan for use of allied launch vehicles. 
Sec. 1605. Analysis of alternatives for wide-band communications. 
Sec. 1606. Modification of pilot program for acquisition of commercial satellite com-
munication services. 
Sec. 1607. Space-based environmental monitoring. 
Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and tim-
ing systems. 
Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center 
Mission System. 
Sec. 1610. Limitations on availability of funds for the Global Positioning System 
Next Generation Operational Control System. 
Sec. 1611. Availability of funds for certain secure voice conferencing capabilities. 
Sec. 1612. Space-based infrared system and advanced extremely high frequency 
program. 
Sec. 1613. Pilot program on commercial weather data. 
Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather 
missions to National Reconnaissance Office. 
Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center. 
Sec. 1616. Organization and management of national security space activities of 
the Department of Defense. 
Sec. 1617. Review of charter of Operationally Responsive Space Program Office. 
Sec. 1618. Backup and complementary positioning, navigation, and timing capabili-
ties of Global Positioning System. 
Sec. 1619. Report on use of spacecraft assets of the space-based infrared system 
wide-field-of-view program. 
Sec. 1620. Provision of certain information to Government Accountability Office by 
National Reconnaissance Office. 
Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid 
rocket motors. 
Sec. 1622. Independent assessment of Global Positioning System Next Generation 
Operational Control System. 
Subtitle B—Defense Intelligence and Intelligence-Related Activities 
Sec. 1631. Report on United States Central Command Intelligence Fusion Center. 
Sec. 1632. Prohibition on availability of funds for certain relocation activities for 
NATO Intelligence Fusion Cell. 
Sec. 1633. Survey and review of Defense Intelligence Enterprise. 
Subtitle C—Cyberspace-Related Matters 
Sec. 1641. Special emergency procurement authority to facilitate the defense 
against or recovery from a cyber attack. 
Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of 
the United States Cyber Command. 
Sec. 1643. Cyber mission forces matters. 
Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition 
forces. 
Sec. 1645. Cyber protection support for Department of Defense personnel in posi-
tions highly vulnerable to cyber attack. 
Sec. 1646. Limitation on full deployment of joint regional security stacks. 
Sec. 1647. Advisory committee on industrial security and industrial base policy. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1648. Change in name of National Defense University’s Information Resources 
Management College to College of Information and Cyberspace. 
Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems. 
Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical in-
frastructure. 
Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams 
into Department of Defense cyber mission force. 
Sec. 1652. Strategic Plan for the Defense Information Systems Agency. 
Sec. 1653. Plan for information security continuous monitoring capability and com-
ply-to-connect policy; limitation on software licensing. 
Sec. 1654. Reports on deterrence of adversaries in cyberspace. 
Sec. 1655. Sense of Congress on cyber resiliency of the networks and communica-
tions systems of the National Guard. 
Subtitle D—Nuclear Forces 
Sec. 1661. Improvements to Council on Oversight of National Leadership Com-
mand, Control, and Communications System. 
Sec. 1662. Treatment of certain sensitive information by State and local govern-
ments. 
Sec. 1663. Procurement authority for certain parts of intercontinental ballistic mis-
sile fuzes. 
Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based 
strategic deterrent missile. 
Sec. 1665. Limitation on availability of funds for extension of New START Treaty. 
Sec. 1666. Certifications regarding integrated tactical warning and attack assess-
ment mission of the Air Force. 
Sec. 1667. Matters relating to intercontinental ballistic missiles. 
Sec. 1668. Requests for forces to meet security requirements for land-based nuclear 
forces. 
Sec. 1669. Report on Russian and Chinese political and military leadership surviv-
ability, command and control, and continuity of government programs 
and activities. 
Sec. 1670. Review by Comptroller General of the United States of recommendations 
relating to nuclear enterprise of Department of Defense. 
Sec. 1671. Sense of Congress on nuclear deterrence. 
Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of 
United Kingdom. 
Subtitle E—Missile Defense Programs 
Sec. 1681. National missile defense policy. 
Sec. 1682. Extensions of prohibitions relating to missile defense information and 
systems. 
Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the 
ballistic missile defense system. 
Sec. 1684. Review of the missile defeat policy and strategy of the United States. 
Sec. 1685. Maximizing Aegis Ashore capability and developing medium range dis-
crimination radar. 
Sec. 1686. Technical authority for integrated air and missile defense activities and 
programs. 
Sec. 1687. Hypersonic defense capability development. 
Sec. 1688. Conventional Prompt Global Strike weapons system. 
Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse 
defense element of ballistic missile defense system. 
Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative 
missile defense program codevelopment and coproduction. 
Sec. 1691. Limitations on availability of funds for lower tier air and missile defense 
capability of the Army. 
Sec. 1692. Pilot program on loss of unclassified, controlled technical information. 
Sec. 1693. Plan for procurement of medium-range discrimination radar to improve 
homeland missile defense. 
Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based 
midcourse defense and evaluation of alternative ground-based inter-
ceptor deployments. 
Sec. 1695. Semiannual notifications on missile defense tests and costs. 
Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency. 
Subtitle F—Other Matters 
Sec. 1697. Protection of certain facilities and assets from unmanned aircraft. 
Sec. 1698. Harmful interference to Department of Defense Global Positioning Sys-
tem. 
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130 STAT. 2582 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle A—Space Activities 
SEC. 1601. REPEAL OF PROVISION PERMITTING THE USE OF ROCKET 
ENGINES FROM THE RUSSIAN FEDERATION FOR THE 
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM. 
Section 8048 of the Department of Defense Appropriations Act, 
2016 (division C of Public Law 114–113; 129 Stat. 2363) is repealed. 
SEC. 1602. EXCEPTION TO THE PROHIBITION ON CONTRACTING WITH 
RUSSIAN SUPPLIERS OF ROCKET ENGINES FOR THE 
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM. 
Section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 
National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended 
by section 1607 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1100), is further 
amended by striking subsection (c) and inserting the following 
new subsection: 
‘‘(c) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to any of the following: 
‘‘(1) The placement of orders or the exercise of options 
under the contract numbered FA8811–13–C–0003 and awarded 
on December 18, 2013. 
‘‘(2) Contracts that are awarded during the period begin-
ning on the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2017 and ending December 
31, 2022, for the procurement of property or services for space 
launch activities that include the use of a total of 18 rocket 
engines designed or manufactured in the Russian Federation, 
in addition to the Russian-designed or Russian-manufactured 
engines to which paragraph (1) applies.’’. 
SEC. 1603. ROCKET PROPULSION SYSTEM TO REPLACE RD–180. 
Section 1604 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 
National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended 
by section 1606 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1099), is further 
amended by striking subsection (d) and inserting the following 
new subsections: 
‘‘(d) USE OF FUNDS UNDER DEVELOPMENT PROGRAM.— 
‘‘(1) DEVELOPMENT OF ROCKET PROPULSION SYSTEM.—The 
funds described in paragraph (2)— 
‘‘(A) may be obligated or expended for— 
‘‘(i) the development of the rocket propulsion 
system to replace non-allied space launch engines 
pursuant to subsection (a); and 
‘‘(ii) the necessary interfaces to, or integration of, 
the rocket propulsion system with an existing or new 
launch vehicle; and 
‘‘(B) except as provided by paragraph (3), may not 
be obligated or expended to develop or procure a launch 
vehicle, an upper stage, a strap-on motor, or related infra-
structure. 
‘‘(2) FUNDS DESCRIBED.—The funds described in this para-
graph are the following: 
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130 STAT. 2583 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) Funds authorized to be appropriated by the 
National Defense Authorization Act for Fiscal Year 2017 
or otherwise made available for fiscal year 2017 for the 
Department of Defense for the development of the rocket 
propulsion system under subsection (a). 
‘‘(B) Funds authorized to be appropriated by this Act 
or the National Defense Authorization Act for Fiscal Year 
2016 or otherwise made available for fiscal years 2015 
or 2016 for the Department of Defense for the development 
of the rocket propulsion system under subsection (a) that 
are unobligated as of the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2017. 
‘‘(3) OTHER
PURPOSES.—The Secretary may obligate or 
expend not more than a total of the amount calculated under 
paragraph (4) of the funds that are authorized to be appro-
priated by the National Defense Authorization Act for Fiscal 
Year 2017 or otherwise made available for fiscal year 2017 
for the rocket propulsion system and launch system investment 
for activities not authorized by paragraph (1)(A), including for 
developing a launch vehicle, an upper stage, a strap-on motor, 
or related infrastructure. The Secretary may exceed such limit 
calculated under paragraph (4) in fiscal year 2017 for such 
purposes if— 
‘‘(A) the Secretary certifies to the appropriate congres-
sional committees that, as of the date of the certification— 
‘‘(i) the development of the rocket propulsion 
system is being carried out pursuant to paragraph 
(1)(A) in a manner that ensures that the rocket propul-
sion system will meet each requirement under sub-
section (a)(2); and 
‘‘(ii) such obligation or expenditure will not nega-
tively affect the development of the rocket propulsion 
system, including with respect to meeting such require-
ments; and 
‘‘(B) the reprogramming or transfer is carried out in 
accordance with established procedures for reprogramming 
or transfers, including with respect to presenting a request 
for a reprogramming of funds. 
‘‘(4) CALCULATION
OF
AMOUNTS
FOR
OTHER
PURPOSES.— 
In carrying out paragraph (3), the Secretary shall calculate 
the amount of the funds specified in such paragraph as follows: 
‘‘(A) If the total amount of funds that are authorized 
to be appropriated by the National Defense Authorization 
Act for Fiscal Year 2017 or otherwise made available for 
fiscal year 2017 for the rocket propulsion system and 
launch system investment is equal to or less than 
$320,000,000, such amount shall equal 31 percent. 
‘‘(B) If the total amount of funds that are authorized 
to be appropriated by the National Defense Authorization 
Act for Fiscal Year 2017 or otherwise made available for 
fiscal year 2017 for the rocket propulsion system and 
launch system investment is greater than $320,000,000, 
such amount shall equal the difference of— 
‘‘(i) the amount of funds so authorized to be appro-
priated, minus 
‘‘(ii) $220,000,000. 
‘‘(e) DEFINITIONS.—In this section: 
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130 STAT. 2584 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(1) The term ‘appropriate congressional committees’ 
means— 
‘‘(A) the congressional defense committees; and 
‘‘(B) the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
‘‘(2) The term ‘rocket propulsion system’ means, with 
respect to the development authorized by subsection (a), a 
main booster, first-stage rocket engine or motor. The term 
does not include a launch vehicle, an upper stage, a strap- 
on motor, or related infrastructure.’’. 
SEC. 1604. PLAN FOR USE OF ALLIED LAUNCH VEHICLES. 
(a) PLAN.—The Secretary of Defense, in coordination with the 
Director of National Intelligence, shall develop a plan to use allied 
launch vehicles to meet the requirements for achieving the policy 
relating to assured access to space set forth in section 2273 of 
title 10, United States Code, in the event that such requirements 
cannot be met, for a limited period, using only launch vehicles 
of the United States. 
(b) ASSESSMENTS.—In developing the plan required by sub-
section (a), the Secretary shall conduct assessments of the following: 
(1) What satellites of the United States would be appro-
priate to be launched on an allied launch vehicle. 
(2) The relevant laws, regulations, and policies governing 
the launch of national security satellites and whether any legis-
lative, regulatory, or policy actions (including with respect to 
waivers) would be necessary to allow for the launch of a 
national security satellite on an allied launch vehicle. 
(3) The certification requirements for using allied launch 
vehicles pursuant to the plan and the estimated cost, schedule, 
and actions that would be necessary to certify allied launch 
vehicles. 
(4) Any other matters the Secretary determines appro-
priate. 
(c) SUBMISSION TO CONGRESS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a report on the plan 
required by subsection (a) and the assessments required by sub-
section (b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘allied launch vehicle’’ means a launch vehicle 
of the government of a country that is an ally of the United 
States. The term does not include a launch vehicle of the 
Government of the Russian Federation, the Government of 
the People’s Republic of China, the Government of the Islamic 
Republic of Iran, or the Government of the Democratic People’s 
Republic of Korea. 
(2) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
(3) The term ‘‘national security satellite’’ means a satellite 
launched for national security purposes, including such a sat-
ellite launched by the Air Force, the Navy, or the National 
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130 STAT. 2585 
PUBLIC LAW 114–328—DEC. 23, 2016 
Reconnaissance Office, or any other element of the Department 
of Defense. 
SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICA-
TIONS. 
Section 1611 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1103) is amended 
by striking subsection (b) and inserting the following new sub-
sections: 
‘‘(b) SCOPE.— 
‘‘(1) STUDY GUIDANCE.—In conducting the analysis of alter-
natives under subsection (a), the Secretary shall develop study 
guidance that requires such analysis to include the full range 
of military and commercial satellite communications capabili-
ties, acquisition processes, and service delivery models. 
‘‘(2) OTHER CONSIDERATIONS.—The Secretary shall ensure 
that— 
‘‘(A) any cost assessments of military or commercial 
satellite communications systems included in the analysis 
of alternatives conducted under subsection (a) include 
detailed full life-cycle costs, as applicable, including with 
respect to— 
‘‘(i) military personnel, military construction, mili-
tary infrastructure operation, maintenance costs, and 
ground and user terminal impacts; and 
‘‘(ii) any other costs regarding military or commer-
cial satellite communications systems the Secretary 
determines appropriate; and 
‘‘(B) such analysis identifies any considerations relating 
to the use of military versus commercial systems. 
‘‘(c) COMPTROLLER GENERAL REPORT.— 
‘‘(1) SUBMISSION.—Upon completion of the analysis of alter-
natives conducted under subsection (a), the Secretary shall 
submit such analysis to the Comptroller General of the United 
States. 
‘‘(2) REPORT.—Not later than 120 days after the date on 
which the Comptroller General receives the analysis of alter-
natives under paragraph (1), the Comptroller General shall 
submit to the congressional defense committees a report con-
taining— 
‘‘(A) a review of the analysis; and 
‘‘(B) an assessment of the types of analyses the Sec-
retary has conducted to understand the costs and benefits 
of the use of KA-band commercial satellite communications 
by the Department of Defense. 
‘‘(3) MATTERS INCLUDED.—The report under paragraph (2) 
shall include the following: 
‘‘(A) With respect to the review of the analysis of alter-
natives conducted under subsection (a)— 
‘‘(i) whether, and to what extent, the Secretary— 
‘‘(I) conducted such analysis using best prac-
tices; 
‘‘(II) fully addressed the concerns of the 
acquisition, operational, and user communities; 
and 
‘‘(III) complied with subsection (b); and 
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130 STAT. 2586 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) a description of how the Secretary identified 
the requirements and assessed and addressed the cost, 
schedule, and risks posed for each alternative included 
in such analysis. 
‘‘(B) With respect to the assessment under paragraph 
(2)(B)— 
‘‘(i) whether the Secretary has evaluated the use 
of KA-band commercial satellite communications, 
based on total cost, capabilities, and interoperability 
with existing or planned terminals; and 
‘‘(ii) such other matters as the Comptroller General 
considers appropriate. 
‘‘(d) BRIEFINGS.—Not later than 90 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 2017, and semiannually thereafter until the date on which 
the analysis of alternatives conducted under subsection (a) is com-
pleted, the Secretary shall provide the Committees on Armed Serv-
ices of the House of Representatives and the Senate (and any 
other congressional defense committee upon request) a briefing 
on such analysis.’’. 
SEC. 1606. MODIFICATION OF PILOT PROGRAM FOR ACQUISITION OF 
COMMERCIAL SATELLITE COMMUNICATION SERVICES. 
(a) IMPLEMENTATION OF GOALS.—Section 1605 of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2208 
note), as amended by section 1612 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1103), is further amended by adding at the end the following 
new subsection: 
‘‘(e) IMPLEMENTATION OF GOALS.—In developing and carrying 
out the pilot program under subsection (a)(1), by not later than 
September 30, 2017, the Secretary shall take actions to begin the 
implementation of each goal specified in subsection (b).’’. 
(b) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
the headquarters operations of the Air Force Space Command, 
not more than 95 percent may be obligated or expended until 
the date on which the Secretary of Defense submits to the congres-
sional defense committees a plan to demonstrate that the pilot 
program under section 1605 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 10 U.S.C. 2208 note) will achieve order- 
of-magnitude improvements in satellite communications capability, 
as required by subsection (b)(5) of such section. 
SEC. 1607. SPACE-BASED ENVIRONMENTAL MONITORING. 
(a) ROLES OF DOD AND NOAA.— 
(1) MECHANISMS.—The Secretary of Defense and the 
Administrator of the National Oceanic and Atmospheric 
Administration shall jointly establish mechanisms to collabo-
rate and coordinate in defining the roles and responsibilities 
of the Department of Defense and the National Oceanic and 
Atmospheric Administration to— 
(A) carry out space-based environmental monitoring; 
and 
(B) plan for future non-governmental space-based 
environmental monitoring capabilities, as appropriate. 
10 USC 2271 
note. 
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130 STAT. 2587 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) may 
be construed to authorize a joint satellite program of the 
Department of Defense and the National Oceanic and 
Atmospheric Administration. 
(b) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary and the Administrator shall 
jointly submit to the appropriate congressional committees a report 
on the mechanisms established under subsection (a)(1). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; 
(2) the Committee on Science, Space, and Technology of 
the House of Representatives; and 
(3) the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
SEC. 1608. PROHIBITION ON USE OF CERTAIN NON-ALLIED POSI-
TIONING, NAVIGATION, AND TIMING SYSTEMS. 
(a) PROHIBITION.—During the period beginning not later than 
60 days after the date of the enactment of this Act and ending 
on September 30, 2018, the Secretary of Defense shall ensure that 
the Armed Forces and each element of the Department of Defense 
do not use a non-allied positioning, navigation, and timing system 
or service provided by such a system. 
(b) WAIVER.—The Secretary may waive the prohibition in sub-
section (a) if— 
(1) the Secretary determines that the waiver is— 
(A) in the national security interest of the United 
States; and 
(B) necessary to mitigate exigent operational concerns; 
(2) the Secretary notifies, in writing, the appropriate 
congressional committees of such waiver; and 
(3) a period of 30 days has elapsed following the date 
of such notification. 
(c) ASSESSMENT.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense, the Chairman 
of the Joint Chiefs of Staff, and the Director of National Intelligence 
shall jointly submit to the appropriate congressional committees 
an assessment of the risks to national security and to the operations 
and plans of the Department of Defense from using a non-allied 
positioning, navigation, and timing system or service provided by 
such a system. Such assessment shall— 
(1) address risks regarding— 
(A) espionage, counterintelligence, and targeting; 
(B) the use of the Global Positioning System by allies 
and partners of the United States and others; and 
(C) harmful interference to the Global Positioning 
System; and 
(2) include any other matters the Secretary, the Chairman, 
and the Director determine appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; and 
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130 STAT. 2588 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
(2) The term ‘‘non-allied positioning, navigation, and timing 
system’’ means any of the following systems: 
(A) The Beidou system. 
(B) The Glonass global navigation satellite system. 
SEC. 1609. LIMITATION OF AVAILABILITY OF FUNDS FOR THE JOINT 
SPACE OPERATIONS CENTER MISSION SYSTEM. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for increment 
3 of the Joint Space Operations Center Mission System may be 
obligated or expended until the date on which the Secretary of 
the Air Force, in coordination with the Commander of the United 
States Strategic Command, submits to the congressional defense 
committees a report on such increment, including— 
(1) an acquisition strategy and strategic plan for such incre-
ment that includes— 
(A) the space battlement management, communication, 
and control capabilities, as of the date of the enactment 
of this Act; 
(B) the plan to develop and perform space battlement 
management, communication, and control capabilities in 
the future; and 
(C) the critical elements described in subparagraphs 
(A) and (B) that will require common software and hard-
ware in other similar space battle management software 
and systems to promote a common operating environment 
and reduce acquisition costs and long-term maintenance 
requirements; 
(2) the warfighter requirements of such increment; 
(3) the funding and schedule for such increment; 
(4) the strategy for use of commercially available capabili-
ties, as appropriate, relating to such increment to rapidly 
address warfighter requirements, including the market research 
and evaluation of such commercial capabilities; and 
(5) the relationship of such increment with the other related 
activities and investments of the Department of Defense. 
SEC. 1610. LIMITATIONS ON AVAILABILITY OF FUNDS FOR THE GLOBAL 
POSITIONING SYSTEM NEXT GENERATION OPERATIONAL 
CONTROL SYSTEM. 
(a) LIMITATION UNTIL CERTIFICATION.—Of the funds authorized 
to be appropriated by this Act or otherwise made available for 
fiscal year 2017 for the Global Positioning System Next Generation 
Operational Control System (in this section referred to as ‘‘OCX’’), 
not more than five percent may be obligated or expended for the 
current product development contract for the OCX, or for any other 
purpose in connection with the OCX, until the date on which 
the Secretary of Defense submits to Congress the certification on 
the OCX required pursuant to section 2433a(b) of title 10, United 
States Code, as a result of the determination not to terminate 
the procurement of the OCX. 
(b) ADDITIONAL LIMITATION UNTIL INITIAL BRIEFING.—In addi-
tion to the limitation in subsection (a), of the funds authorized 
to be appropriated by this Act or otherwise made available for 
fiscal year 2017 for the OCX, not more than 50 percent may be 
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130 STAT. 2589 
PUBLIC LAW 114–328—DEC. 23, 2016 
obligated or expended for the current product development contract 
for the OCX, or for any other purpose in connection with the 
OCX, unless— 
(1) the Secretary has submitted to Congress the certifi-
cation described in subsection (a); and 
(2) not earlier than January 15, 2017, the Secretary pro-
vides to the congressional defense committees a briefing on 
the OCX with respect to— 
(A) the status of the OCX program, including informa-
tion on the risks, costs, and schedule, and technical 
information; 
(B) contingency plans and investments, and the status 
of such plans and investments; 
(C) an assessment of the OCX by the Director of Oper-
ational Test and Evaluation; and 
(D) the total program cost that is validated by the 
Director of Cost Assessment and Program and a five-year 
budget that is based on an updated and rebaselined pro-
gram cost. 
(c) ADDITIONAL LIMITATION UNTIL SECOND BRIEFING.—In addi-
tion to the limitations in subsection (a) and (b), of the funds author-
ized to be appropriated by this Act or otherwise made available 
for fiscal year 2017 for the OCX, not more than 75 percent may 
be obligated or expended for the current product development con-
tract for the OCX, or for any other purpose in connection with 
the OCX, unless— 
(1) the Secretary has submitted to Congress the certifi-
cation described in subsection (a); 
(2) the Secretary has provided to the congressional defense 
committees the briefing under subsection (b)(2); and 
(3) not earlier than March 15, 2017, the Secretary provides 
to the congressional defense committees an update to such 
briefing. 
(d) ADJUSTMENT OF BRIEFING DATES.—The Secretary may pro-
vide the briefing under subsection (b)(2) or subsection (c)(3), respec-
tively, before the date specified by such subsection if the Secretary 
determines that providing such briefing before such date is nec-
essary for the national security interests of the United States. 
SEC. 1611. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE CON-
FERENCING CAPABILITIES. 
Of the funds authorized to be appropriated or otherwise made 
available by the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 
291) or the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92) or otherwise made available for fiscal 
years 2015 or 2016 for research, development, test, and evaluation, 
Air Force, and available for obligation as of the date of the enact-
ment of this Act, not more than $10,200,000 may be used to support 
the accomplishment by the Air Force of integration and associated 
critical testing and systems engineering activities for the Presi-
dential and National Voice Conferencing program and the Advanced 
Extremely High Frequency Extended Data Rate, worldwide, secure, 
survivable voice conferencing capability for the President and 
national leaders, as described in the reprogramming action prior 
approval request submitted by the Under Secretary of Defense 
(Comptroller) to Congress on March 3, 2016. 
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130 STAT. 2590 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 
1612. 
SPACE-BASED 
INFRARED 
SYSTEM 
AND 
ADVANCED 
EXTREMELY HIGH FREQUENCY PROGRAM. 
(a) LIMITATION ON DEVELOPMENT AND ACQUISITION OF ALTER-
NATIVES.— 
(1) LIMITATION.—Except as provided by paragraph (4), the 
Secretary of Defense may not develop or acquire an alternative 
to the space-based infrared system program of record or develop 
or acquire an alternative to the advanced extremely high fre-
quency program of record until the date on which the Com-
mander of the United States Strategic Command and the 
Director of the Space Security and Defense Program, in con-
sultation with the Defense Intelligence Officer for Science and 
Technology of the Defense Intelligence Agency, jointly submit 
to the appropriate congressional committees the assessments 
described in paragraph (2) for the respective program. 
(2) ASSESSMENT.—The assessments described in this para-
graph are— 
(A) an assessment of the resilience and mission assur-
ance of each alternative to the space-based infrared system 
being considered by the Secretary of the Air Force; and 
(B) an assessment of the resilience and mission assur-
ance of each alternative to the advanced extremely high 
frequency program being considered by the Secretary of 
the Air Force. 
(3) ELEMENTS.—An assessment described in paragraph (2) 
shall include, with respect to each alternative to the space- 
based infrared system program of record and each alternative 
to the advanced extremely high frequency program of record 
being considered by the Secretary of the Air Force, the fol-
lowing: 
(A) The requirements for resilience and mission assur-
ance. 
(B) The criteria to measure such resilience and mission 
assurance. 
(C) How the alternative affects— 
(i) deterrence and full spectrum warfighting; 
(ii) warfighter requirements and relative costs to 
include ground station and user terminals; 
(iii) the potential order of battle of adversaries; 
and 
(iv) the required capabilities of the broader space 
security and defense enterprise. 
(4) EXCEPTION.—The limitation in paragraph (1) shall not 
apply to efforts to examine and develop technology insertion 
opportunities for the space-based infrared system program of 
record or the satellite communications programs of record. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) With respect to the submission of the assessment 
described in subparagraph (A) of subsection (a)(2), the— 
(A) the congressional defense committees; and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(2) With respect to the submission of the assessment 
described in subparagraph (B) of subsection (a)(2), the congres-
sional defense committees. 
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130 STAT. 2591 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1613. PILOT PROGRAM ON COMMERCIAL WEATHER DATA. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall establish 
a pilot program to assess the viability of commercial satellite 
weather data to support requirements of the Department of Defense. 
(b) DURATION.—The Secretary may carry out the pilot program 
under subsection (a) for a period not exceeding one year. 
(c) BRIEFINGS.— 
(1) INTERIM BRIEFING.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall provide a briefing to the Committees on Armed Services 
of the House of Representatives and the Senate (and to any 
other congressional defense committee upon request) dem-
onstrating how the Secretary plans to implement the pilot 
program under subsection (a). 
(2) FINAL BRIEFING.—Not later than 90 days after the pilot 
program under subsection (a) is completed, the Secretary shall 
provide a briefing to the Committees on Armed Services of 
the House of Representatives and the Senate (and to any other 
congressional defense committee upon request) on the utility, 
cost, and other considerations regarding the purchase of 
commercial satellite weather data to support the requirements 
of the Department of Defense. 
SEC. 1614. PLANS ON TRANSFER OF ACQUISITION AND FUNDING 
AUTHORITY 
OF 
CERTAIN 
WEATHER 
MISSIONS 
TO 
NATIONAL RECONNAISSANCE OFFICE. 
(a) LIMITATION.—Except as provided by subsection (c), of the 
funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2017 for research, development, test, and 
evaluation, Air Force, for the weather satellite follow-on system, 
not more than 50 percent may be obligated or expended until 
the date on which the Secretary of the Air Force submits to the 
appropriate congressional committees the plan under subsection 
(b)(1). 
(b) PLANS FOR TRANSFER OF AUTHORITY.— 
(1) AIR FORCE PLAN.—Except as provided by subsection 
(c), the Secretary of the Air Force shall develop a plan for 
the Air Force to transfer, beginning with fiscal year 2018, 
the acquisition authority and the funding authority for covered 
space-based environmental monitoring missions from the Air 
Force to the National Reconnaissance Office, including a 
description of the amount of funds that would be necessary 
to be transferred from the Air Force to the National Reconnais-
sance Office during fiscal years 2018 through 2022 to carry 
out such plan. 
(2) NRO PLAN.— 
(A) Except as provided by subsection (c), the Director 
of the National Reconnaissance Office shall develop a plan 
for the National Reconnaissance Office to address how 
to carry out covered space-based environmental monitoring 
missions. Such plan shall include— 
(I) a description of the related national security 
requirements for such missions; 
(ii) a description of the appropriate manner to 
meet such requirements; and 
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130 STAT. 2592 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) the amount of funds that would be necessary 
to be transferred from the Air Force to the National 
Reconnaissance Office during fiscal years 2018 through 
2022 to carry out such plan. 
(B) In developing the plan under subparagraph (A), 
the 
Director 
may 
conduct 
pre-acquisition 
activities, 
including with respect to requests for information, analyses 
of alternatives, study contracts, modeling and simulation, 
and other activities the Director determines necessary to 
develop such plan. 
(C) Except as provided by subsection (c), the Director 
shall submit to the appropriate congressional committees 
such plan by not later than July 1, 2017. 
(3) INDEPENDENT COST ESTIMATE.—The Director of the Cost 
Assessment Improvement Group of the Office of the Director 
of National Intelligence, in coordination with the Director of 
Cost Assessment and Program Evaluation, shall certify to the 
appropriate congressional committees that the amounts of funds 
identified under paragraphs (1) and (2)(A)(iii) as being nec-
essary to transfer are appropriate and include funding for posi-
tions and personnel to support program office costs. 
(c) WAIVER BASED ON REPORT AND CERTIFICATION OF AIR FORCE 
ACQUISITION PROGRAM.—The Secretary of the Air Force may waive 
the limitation in subsection (a) and the requirement to develop 
a plan under subsection (b)(1), and the Director of the National 
Reconnaissance Office may waive the requirement to develop a 
plan under subsection (b)(2), if the Under Secretary of Defense 
for Acquisition, Technology, and Logistics and the Chairman of 
the Joint Chiefs of Staff jointly submit to the appropriate congres-
sional committees a report by not later than July 1, 2017, that 
contains— 
(1) a certification that the Secretary of the Air Force is 
carrying out a formal acquisition program that has received 
Milestone A approval to address the cloud characterization 
and theater weather imagery requirements of the Department 
of Defense; and 
(2) an identification of the cost, schedule, requirements, 
and acquisition strategy of such acquisition program. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives the Select Committee on 
Intelligence of the Senate. 
(2) The term ‘‘covered space-based environmental moni-
toring missions’’ means the acquisition programs necessary to 
meet the national security requirements for cloud characteriza-
tion and theater weather imagery. 
(3) The term ‘‘Milestone A approval’’ has the meaning given 
that term in section 2366a(d) of title 10, United States Code. 
SEC. 1615. FIVE-YEAR PLAN FOR JOINT INTERAGENCY COMBINED 
SPACE OPERATIONS CENTER. 
(a) PLAN.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense, in coordination with 
the Director of National Intelligence, shall submit to the appropriate 
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130 STAT. 2593 
PUBLIC LAW 114–328—DEC. 23, 2016 
congressional committees a plan for the Joint Interagency Combined 
Space Operations Center for the five-year period beginning on such 
date of enactment that includes— 
(1) a description of the roles, responsibilities, and objective 
of the Center; 
(2) an estimate of funding during the period covered by 
the current future-years defense program under section 221 
of title 10, United States Code, needed for the Center that 
includes a description of contributions from other Federal agen-
cies; 
(3) an estimate of the personnel needed for the Center, 
listed by military personnel, civilian personnel, and contractor 
personnel, and the organization or commercial entity such per-
sonnel are representing; 
(4) a description of planned activities of the Center; 
(5) a description of planned use of commercial capabilities 
by the Center, as appropriate; 
(6) a description of how the Center will complement and 
support the mission of the Joint Space Operations Center; 
and 
(7) a description of the command and control of the related 
operations of the Joint Interagency Combined Space Operations 
Center. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate. 
SEC. 1616. ORGANIZATION AND MANAGEMENT OF NATIONAL SECURITY 
SPACE ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) National security space capabilities are a vital element 
of the national defense of the United States. 
(2) The advantages of the United States in national security 
space are now threatened to an unprecedented degree by 
growing and serious counterspace capabilities of potential for-
eign adversaries, and the space advantages of the United States 
must be protected. 
(3) The Department of Defense has recognized the threat 
and has taken initial steps necessary to defend space, however 
the organization and management may not be strategically 
postured to fully address this changed domain of operations 
over the long term. 
(4) The defense of space is currently a priority for the 
leaders of the Department, however the space mission is man-
aged within competing priorities of each of the Armed Forces. 
(5) Space elements provide critical capabilities to all of 
the Armed Forces in the joint fight, however the disparate 
activities throughout the Department have no single leader 
that is empowered to make decisions affecting the space forces 
of the Department. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that, 
to modernize and fully address the growing threat to the national 
security space advantage of the United States, the Secretary of 
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130 STAT. 2594 
PUBLIC LAW 114–328—DEC. 23, 2016 
Defense must evaluate the range of options and take further action 
to strengthen the leadership, management, and organization of 
the national security space activities of the Department of Defense, 
including with respect to— 
(1) unifying, integrating, and de-conflicting activities to 
provide for stronger prioritization, accountability, coherency, 
focus, strategy, and integration of the joint space program 
of the Department; 
(2) streamlining decision-making, limiting unnecessary 
bureaucracy, 
and 
empowering 
the 
appropriate 
level 
of 
authority, while enabling effective oversight; 
(3) maintaining the involvement of each of the Armed 
Forces and adapting the culture and improving the capabilities 
of the workforce to ensure the workforce has the appropriate 
training, experience, and tools to accomplish the mission; and 
(4) reviewing authorities and preparing for a conflict that 
could extend to space. 
(c) RECOMMENDATIONS.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and the 
Director of the Office of Management and Budget shall each sepa-
rately submit to the appropriate congressional committees rec-
ommendations to— 
(1) in accordance with subsection (b), strengthen the leader-
ship, management, and organization of the Department of 
Defense with respect to the national security space activities 
of the Department; and 
(2) address the findings covered in the report of the Comp-
troller General of the United States numbered GAO–16–592R 
regarding space acquisition and oversight of the Department 
of Defense. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means the fol-
lowing: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate. 
SEC. 1617. REVIEW OF CHARTER OF OPERATIONALLY RESPONSIVE 
SPACE PROGRAM OFFICE. 
(a) REVIEW.—The Secretary of Defense shall conduct a review 
of charter of the Operationally Responsive Space Program Office 
established by section 2273a of title 10, United States Code (in 
this section referred to as the ‘‘Office’’). 
(b) ELEMENTS.—The review under subsection (a) shall include 
the following: 
(1) A review of the key operationally responsive space 
needs with respect to the warfighter and with respect to 
national security. 
(2) How the Office could fit into the broader resilience 
and space security strategy of the Department of Defense. 
(3) An assessment of the potential of the Office to focus 
on the reconstitution capabilities with small satellites using 
low-cost launch vehicles and existing infrastructure. 
(4) An assessment of the potential of the Office to leverage 
existing or planned commercial capabilities. 
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130 STAT. 2595 
PUBLIC LAW 114–328—DEC. 23, 2016 
(5) A review of the necessary workforce specialties and 
acquisition authorities of the Office. 
(6) A review of the funding profile of the Office. 
(7) A review of the organizational placement and reporting 
structure of the Office. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report containing the review under 
subsection (a), including any recommendations for legislative actions 
based on such review. 
SEC. 1618. BACKUP AND COMPLEMENTARY POSITIONING, NAVIGATION, 
AND TIMING CAPABILITIES OF GLOBAL POSITIONING 
SYSTEM. 
(a) STUDY.— 
(1) IN GENERAL.—The covered Secretaries shall jointly con-
duct a study to assess and identify the technology-neutral 
requirements to backup and complement the positioning, 
navigation, and timing capabilities of the Global Positioning 
System for national security and critical infrastructure. 
(2) REPORT.—Not later than one year after the date of 
the enactment of this Act, the covered Secretaries shall submit 
to the appropriate congressional committees a report on the 
study under paragraph (1). Such report shall include— 
(A) with respect to the Department of each covered 
Secretary, the identification of the respective requirements 
to backup and complement the positioning, navigation, and 
timing capabilities of the Global Positioning System for 
national security and critical infrastructure; 
(B) an analysis of alternatives to meet such require-
ments, including, at a minimum— 
(i) an analysis of appropriate technology options; 
(ii) an analysis of the viability of a public-private 
partnership to establish a complementary positioning, 
navigation, and timing system; and 
(iii) an analysis of the viability of service level 
agreements to operate a complementary positioning, 
navigation, and timing system; and 
(C) a plan to meet such requirements that includes— 
(i) for each such Department, the estimated costs, 
schedule, and system level technical considerations, 
including end user equipment and integration consider-
ations; and 
(ii) identification of the appropriate resourcing for 
each such Department in accordance with the respec-
tive requirements of the Department, including 
domestic or international requirements. 
(b) SINGLE DESIGNATED OFFICIAL.—Each covered Secretary 
shall designate a single senior official of the Department of the 
Secretary to act as the primary representative of such Department 
for purposes of conducting the study under subsection (a)(1). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; 
(B) the Committee on Science, Space, and Technology, 
the Committee on Transportation and Infrastructure, and 
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130 STAT. 2596 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Committee on Homeland Security of the House of Rep-
resentatives; and 
(C) the Committee on Commerce, Science, and 
Transportation and the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(2) The term ‘‘covered Secretaries’’ means the Secretary 
of Defense, the Secretary of Transportation, and the Secretary 
of Homeland Security. 
SEC. 1619. REPORT ON USE OF SPACECRAFT ASSETS OF THE SPACE- 
BASED INFRARED SYSTEM WIDE-FIELD-OF-VIEW PRO-
GRAM. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination 
with the Director of National Intelligence, shall submit to the 
appropriate congressional committees a report on the advisability 
and feasibility of using available spacecraft assets of the space- 
based infrared system wide-field-of-view program to satisfy other 
mission requirements of the Department of Defense or the intel-
ligence community. 
(b) MATTERS COVERED.—The report required by subsection (a) 
shall include, at a minimum, the following: 
(1) An evaluation of using the space-based infrared system 
wide-field-of-view spacecraft bus for other urgent national secu-
rity space priorities. 
(2) An evaluation of the cost and schedule impact, if any, 
to the space-based infrared system wide-field-of-view program 
if the spacecraft bus is used for another purpose. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may contain a classified annex 
if necessary to protect the national security interests of the United 
States. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate. 
SEC. 1620. PROVISION OF CERTAIN INFORMATION TO GOVERNMENT 
ACCOUNTABILITY OFFICE BY NATIONAL RECONNAIS-
SANCE OFFICE. 
(a) IN GENERAL.—The Director of the National Reconnaissance 
Office shall provide to the Comptroller General of the United States, 
in a timely manner, access to the cost, schedule, and performance 
information the Comptroller General requires to conduct assess-
ments, as required by any of the appropriate congressional commit-
tees, of programs of the National Reconnaissance Office. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives. 
50 USC 3308a. 
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130 STAT. 2597 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1621. COST-BENEFIT ANALYSIS OF COMMERCIAL USE OF EXCESS 
BALLISTIC MISSILE SOLID ROCKET MOTORS. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct an analysis of the costs and benefits of allowing 
the use of solid rocket motors from missiles described in section 
50134(c) of title 51, United States Code, for commercial space launch 
purposes. Such analysis shall include an evaluation of the effect, 
if any, of allowing such use on national security, the Department 
of Defense, the solid rocket motor industrial base, the commercial 
space launch market, and any other areas the Comptroller General 
considers appropriate. 
(b) BRIEFINGS.— 
(1) INTERIM BRIEFING.—Not later than March 15, 2017, 
the Comptroller General shall provide to the appropriate 
congressional committees an interim briefing on the analysis 
under subsection (a). 
(2) FINAL BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
shall provide to the appropriate congressional committees a 
final briefing on the analysis under subsection (a). 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Representa-
tives. 
SEC. 1622. INDEPENDENT ASSESSMENT OF GLOBAL POSITIONING 
SYSTEM NEXT GENERATION OPERATIONAL CONTROL 
SYSTEM. 
(a) IN GENERAL.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall seek 
to enter into an arrangement with a federally funded research 
and development center, or other appropriate independent entity, 
to assess the acquisition strategy of the Air Force for the Global 
Positioning System Next Generation Operational Control System 
(in this section referred to as ‘‘OCX’’). 
(b) ELEMENTS.—The assessment required by subsection (a) shall 
include the following: 
(1) An assessment of the ability of the Air Force to complete 
blocks zero through two of the OCX operating system on a 
schedule necessary to transition the OCX to full operation. 
(2) An estimate of the cost of completing blocks zero 
through two on the schedule described in paragraph (1), taking 
into account— 
(A) the rate of software defects; 
(B) earned value management; and 
(C) information assurance requirements. 
(3) An assessment of the ability of the Air Force to imple-
ment contingency plans for sustaining the Global Positioning 
System constellation to mitigate the effects of delays to the 
implementation of the OCX and to alleviate challenges with 
respect to the operations and checkout of the Global Positioning 
System III satellites. 
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130 STAT. 2598 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) An assessment of any risks to the viability and required 
availability of the Global Positioning System constellation asso-
ciated with efforts to complete blocks zero through two as 
described in paragraph (1) or the contingency plans described 
in paragraph (3). 
(5) An assessment of whether there are well-defined 
methods for terminating the OCX program (including an anal-
ysis of the ability of alternative systems to satisfy the require-
ments of the Department of Defense), in the event of the 
inability of the Air Force to successfully complete blocks zero 
through two or other requirements for the OCX while ensuring 
that the Global Positioning System constellation meets require-
ments for the availability of that System. 
(6) Any other matters the entity conducting the assessment 
determines appropriate. 
(c) SUBMISSION.—Not later than one year after the date of 
the enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the results of the assessment 
required by subsection (a). 
Subtitle B—Defense Intelligence and 
Intelligence-Related Activities 
SEC. 1631. REPORT ON UNITED STATES CENTRAL COMMAND INTEL-
LIGENCE FUSION CENTER. 
(a) REPORT ON PROCEDURES.—Not later than March 1, 2017, 
the Commander of the United States Central Command shall 
submit to the appropriate congressional committees a report on 
the steps taken by the Commander to formalize and disseminate 
procedures for establishing, staffing, and operating the Intelligence 
Fusion Center of the United States Central Command. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1632. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN 
RELOCATION 
ACTIVITIES 
FOR 
NATO 
INTELLIGENCE 
FUSION CELL. 
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2017 for operation and maintenance may be obligated or expended 
for the procurement of fit-out supplies and equipment to support 
the relocation of the NATO Intelligence Fusion Cell from Royal 
Air Force Molesworth, United Kingdom, to Royal Air Force 
Croughton, United Kingdom. 
(b) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination 
with the Director of National Intelligence, shall submit to the 
appropriate congressional committees a report on the NATO Intel-
ligence Fusion Cell that outlines— 
(1) the current facility and support requirements and asso-
ciated costs, including any adjustments of such requirements 
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130 STAT. 2599 
PUBLIC LAW 114–328—DEC. 23, 2016 
and costs, for the NATO Intelligence Fusion Cell to be located 
and operationally viable at Royal Air Force Croughton; and 
(2) the operational requirements of, and costs associated 
with, any operations of the United States collocated with the 
NATO Intelligence Fusion Cell. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate. 
SEC. 1633. SURVEY AND REVIEW OF DEFENSE INTELLIGENCE ENTER-
PRISE. 
(a) SURVEY AND REVIEW.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Chairman of the Joint Chiefs 
of Staff shall— 
(A) review the organization, resources, and processes 
of the Defense Intelligence Enterprise, including the 
defense intelligence agencies and intelligence elements of 
the combatant commands and military departments, to 
assess the capabilities and capacity of such Enterprise, 
along with the intelligence community, to meet present 
and future defense intelligence requirements; and 
(B) conduct a survey of each geographic combatant 
command to assess— 
(i) the current state of intelligence support to mili-
tary operations; 
(ii) the prioritization and allocation of intelligence 
resources within each combatant command; and 
(iii) whether intelligence resources are balanced 
between support to theater commanders and support 
to operational commanders. 
(2) ELEMENTS.—The review and survey required by para-
graph (1) shall include the following: 
(A) A comprehensive assessment of the Defense Intel-
ligence Enterprise and whether such Enterprise— 
(i) is organized and has resources to meet current 
and future defense intelligence requirements; 
(ii) is balancing resources appropriately between 
operational and strategic defense intelligence require-
ments; 
(iii) is responding with sufficient agility to 
emerging or unexpected requirements; and 
(iv) is sufficiently integrated with combatant com-
mands, subordinate commands, and joint task forces. 
(B) With respect to each geographic combatant com-
mand surveyed— 
(i) information on the total intelligence workforce 
assigned 
to 
the 
combatant 
command, 
including 
civilians, military, and contract personnel; 
(ii) detailed information on the allocation of intel-
ligence resources to meet combatant commander prior-
ities; 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) detailed information on the intelligence prior-
ities of the commander of the combatant command 
and intelligence resources allocated to each priority; 
and 
(iv) detailed information on the intelligence 
resources, including personnel and assets, dedicated 
to each of the following: 
(I) Direct support to the combatant com-
mander. 
(II) Contingency planning. 
(III) Ongoing operations. 
(IV) Crisis response. 
(b) REPORT.— 
(1) SUBMISSION.—Not later than 270 days after the date 
of the enactment of this Act, the Chairman of the Joint Chiefs 
of Staff shall submit to the appropriate congressional commit-
tees and the Under Secretary of Defense for Intelligence a 
report on the findings of the Chairman with respect to the 
review and survey required by subsection (a)(1). 
(2) CONTENT.—The report required by paragraph (1) shall 
include— 
(A) a detailed analysis of how each combatant com-
mand uses the intelligence resources available to such com-
mand; and 
(B) the recommendations of the Chairman, if any, to 
improve the Defense Intelligence Enterprise to fulfill oper-
ational military requirements. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(2) The term ‘‘Defense Intelligence Enterprise’’ means the 
organizations, infrastructure, and measures, including policies, 
processes, procedures, and products, of the intelligence, counter-
intelligence, and security components of each of the following: 
(A) The Department of Defense. 
(B) The Joint Staff. 
(C) The combatant commands. 
(D) The military departments. 
(E) Other elements of the Department of Defense that 
perform national intelligence, defense intelligence, intel-
ligence-related, counterintelligence, or security functions. 
Subtitle C—Cyberspace-Related Matters 
SEC. 1641. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO 
FACILITATE THE DEFENSE AGAINST OR RECOVERY FROM 
A CYBER ATTACK. 
Section 1903(a)(2) of title 41, United States Code, is amended 
by inserting ‘‘cyber,’’ before ‘‘nuclear,’’. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGE-
MENT FOR COMMANDER OF THE UNITED STATES CYBER 
COMMAND. 
(a) LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT.— 
The Secretary of Defense may not terminate the dual-hat arrange-
ment until the date on which the Secretary and the Chairman 
of the Joint Chiefs of Staff jointly certify to the appropriate commit-
tees of Congress that— 
(1) the Secretary and the Chairman carried out the assess-
ment under subsection (b); 
(2) each of the conditions described in paragraph (2)(C) 
of such subsection has been met; and 
(3) termination of the dual-hat arrangement will not pose 
risks to the military effectiveness of the United States Cyber 
Command that are unacceptable to the national security 
interests of the United States. 
(b) ASSESSMENT.— 
(1) IN GENERAL.—The Secretary and the Chairman shall 
jointly assess the military and intelligence necessity and benefit 
of the dual-hat arrangement. 
(2) ELEMENTS.—The assessment under paragraph (1) shall 
include the following elements: 
(A) An evaluation of the operational dependence of 
the United States Cyber Command on the National Secu-
rity Agency. 
(B) An evaluation of the ability of the United States 
Cyber Command and the National Security Agency to carry 
out their respective roles and responsibilities independ-
ently. 
(C) A determination of whether the following conditions 
have been met: 
(i) Robust operational infrastructure has been 
deployed that is sufficient to meet the unique cyber 
mission needs of the United States Cyber Command 
and the National Security Agency, respectively. 
(ii) Robust command and control systems and proc-
esses have been established for planning, deconflicting, 
and executing military cyber operations. 
(iii) The tools and weapons used in cyber oper-
ations are sufficient for achieving required effects. 
(iv) Capabilities have been established to enable 
intelligence collection and operational preparation of 
the environment for cyber operations. 
(v) Capabilities have been established to train 
cyber operations personnel, test cyber capabilities, and 
rehearse cyber missions. 
(vi) The cyber mission force has achieved full oper-
ational capability. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
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130 STAT. 2602 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) DUAL-HAT ARRANGEMENT.—The term ‘‘dual-hat arrange-
ment’’ means the arrangement under which the Commander 
of the United States Cyber Command also serves as the Director 
of the National Security Agency. 
SEC. 1643. CYBER MISSION FORCES MATTERS. 
(a) ACTIONS PENDING FULL IMPLEMENTATION
OF PLAN
FOR 
CYBER MISSION FORCE POSITIONS.—Until the Secretary of Defense 
completes implementation of the authority in subsection (a) of sec-
tion 1599f of title 10, United States Code, for United States Cyber 
Command workforce positions in accordance with the implementa-
tion plan required by subsection (d) of such section, the Secretary 
shall do each of the following: 
(1) Notwithstanding sections 3309 through 3318 of title 
5, United States Code, provide for and implement an inter-
agency transfer agreement between excepted service position 
systems and competitive service position systems in military 
departments and Defense Agencies concerned to satisfy the 
requirements for cyber workforce positions from among a mix 
of employees in the excepted service and the competitive service 
in such military departments and Defense Agencies. 
(2) Implement in the defense civilian cyber personnel 
system a classification system commonly known as a ‘‘Rank- 
in-person’’ classification system similar to such classification 
system used by the National Security Agency as of the date 
of the enactment of this Act. 
(3) Approve direct hiring authority for cyber workforce 
positions up to the GG or GS–15 level in accordance with 
the criteria in section 3304 of title 5, United States Code. 
(4) Notwithstanding section 5333 of title 5, United States 
Code, authorize officials conducting hiring in the competitive 
service for cyber workforce positions to set starting salaries 
at up to a step-five level with no justification and at up to 
a step-ten level with justification that meets published guide-
lines applicable to the excepted service. 
(b) OTHER MATTERS.—The Principal Cyber Advisor, acting 
through the cross-functional team established by section 932(c)(3) 
of the National Defense Authorization Act for Fiscal Year 2014 
(Public Law 113–66; 10 U.S.C. 2224 note) and in consultation 
with the Commander of the United States Cyber Command, shall 
supervise— 
(1) the development of training standards for computer 
network operations tool developers for military, civilian, and 
contractor personnel supporting the cyber mission forces; 
(2) the rapid enhancement of capacity to train personnel 
to those standards to meet the needs of the cyber mission 
forces for tool development; and 
(3) actions necessary to ensure timely completion of per-
sonnel security investigations and adjudications of security 
clearances for tool development personnel. 
SEC. 1644. REQUIREMENT TO ENTER INTO AGREEMENTS RELATING 
TO USE OF CYBER OPPOSITION FORCES. 
(a) REQUIREMENT FOR AGREEMENTS.—Not later than September 
30, 2017, the Secretary of Defense shall ensure that each com-
mander of a combatant command establishes appropriate agree-
ments with the Secretary relating to the use of cyber opposition 
forces. Each agreement shall require the command— 
10 USC 2224 
note. 
10 USC 1599 
note. 
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130 STAT. 2603 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) to support a high state of mission readiness in the 
command through the use of one or more cyber opposition 
forces in continuous exercises and other training activities as 
considered appropriate by the commander of the command; 
and 
(2) in conducting such exercises and training activities, 
meet the standard required under subsection (b). 
(b) JOINT STANDARD FOR CYBER OPPOSITION FORCES.—Not later 
than March 31, 2017, the Secretary of Defense shall issue a joint 
training and certification standard for use by all cyber opposition 
forces within the Department of Defense. 
(c) JOINT STANDARD FOR PROTECTION OF CONTROL SYSTEMS.— 
Not later than June 30, 2017, the Secretary of Defense shall issue 
a joint training and certification standard for the protection of 
control systems for use by all cyber operations forces within the 
Department of Defense. Such standard shall— 
(1) provide for applied training and exercise capabilities; 
and 
(2) use expertise and capabilities from other departments 
and agencies of the Federal Government, as appropriate. 
(d) BRIEFING REQUIRED.—Not later than September 30, 2017, 
the Secretary of Defense shall provide to the Committees on Armed 
Services of the Senate and the House of Representatives a briefing 
that includes— 
(1) a list of each combatant command that has established 
an agreement under subsection (a); 
(2) with respect to each such agreement— 
(A) special conditions in the agreement placed on any 
cyber opposition force used by the command; 
(B) the process for making decisions about deconfliction 
and risk mitigation of cyber opposition force activities in 
continuous exercises and training; 
(C) identification of cyber opposition forces trained and 
certified to operate at the joint standard, as issued under 
subsection (b); 
(D) identification of the annual exercises that will 
include participation of the cyber opposition forces; and 
(E) identification of any shortfalls in resources that 
may prevent annual exercises using cyber opposition forces; 
and 
(3) any other matters the Secretary of Defense considers 
appropriate. 
SEC. 1645. CYBER PROTECTION SUPPORT FOR DEPARTMENT OF 
DEFENSE PERSONNEL IN POSITIONS HIGHLY VULNER-
ABLE TO CYBER ATTACK. 
(a) AUTHORITY TO PROVIDE CYBER PROTECTION SUPPORT.— 
(1) IN GENERAL.—Subject to a determination by the Sec-
retary of Defense, the Secretary may provide cyber protection 
support for the personal technology devices of the personnel 
described in paragraph (2). 
(2) AT-RISK PERSONNEL.—The personnel described in this 
paragraph are personnel of the Department of Defense— 
(A) who the Secretary determines to be highly vulner-
able to cyber attacks and hostile information collection 
activities because of the positions occupied by such per-
sonnel in the Department; and 
10 USC 2224 
note. 
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130 STAT. 2604 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) whose personal technology devices are highly 
vulnerable to cyber attacks and hostile information collec-
tion activities. 
(b) NATURE OF CYBER PROTECTION SUPPORT.—Subject to the 
availability of resources, the cyber protection support provided to 
personnel under subsection (a) may include training, advice, assist-
ance, and other services relating to cyber attacks and hostile 
information collection activities. 
(c) LIMITATION ON SUPPORT.—Nothing in this section shall be 
construed— 
(1) to encourage personnel of the Department of Defense 
to use personal technology devices for official business; or 
(2) to authorize cyber protection support for senior Depart-
ment personnel using personal devices and networks in an 
official capacity. 
(d) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the provision of cyber protection support under sub-
section (a). The report shall include— 
(1) a description of the methodology used to make the 
determination under subsection (a)(2); and 
(2) guidance for the use of cyber protection support and 
tracking of support requests for personnel receiving cyber 
protection support under subsection (a). 
(e) PERSONAL TECHNOLOGY DEVICES DEFINED.—In this section, 
the term ‘‘personal technology devices’’ means technology devices 
used by Department of Defense personnel outside of the scope 
of their employment with the Department and includes networks 
to which such devices connect. 
SEC. 1646. LIMITATION ON FULL DEPLOYMENT OF JOINT REGIONAL 
SECURITY STACKS. 
(a) LIMITATION.—The Secretary of a military department or 
the head of a Defense Agency may not declare that such department 
or Defense Agency has achieved full operational capability for the 
deployment of joint regional security stacks until the date on 
which— 
(1) the department or Defense Agency concerned completes 
operational test and evaluation activities to determine the 
effectiveness, suitability, and survivability of the joint regional 
security stacks system of such department or Defense Agency; 
and 
(2) written certification that such testing and evaluation 
activities have been completed is provided to the Secretary 
of such department or the head of such Defense Agency by 
the appropriate operational test and evaluation organization 
of such department or Defense Agency. 
(b) WAIVER.— 
(1) IN GENERAL.—The Secretary of a military department 
or the head of a Defense Agency may waive the requirements 
of subsection (a) if a certification described in paragraph (2) 
is provided to the Secretary of Defense, and signed by— 
(A) the Secretary of the military department or the 
head of the Defense Agency concerned; 
(B) the Director of Operational Test and Evaluation 
for the Department of Defense; and 
10 USC 2224 
note. 
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130 STAT. 2605 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) the Chief Information Officer of the Department 
of Defense. 
(2) CERTIFICATION.—A certification described in this sub-
section is a written certification that— 
(A) the testing and evaluation activities required under 
subsection (a) are unnecessary, accompanied by an expla-
nation of the reasons such activities are unnecessary; 
(B) the effectiveness, suitability, and survivability of 
the joint regional security stacks system of the military 
department or Defense Agency concerned has been dem-
onstrated by methods other than the testing and evaluation 
activities required under subsection (a), accompanied by 
supporting data; or 
(C) national security needs justify full deployment of 
the joint regional security stacks system of the military 
department or Defense Agency concerned before the test 
and evaluation activities required under subsection (a) can 
be completed, accompanied by an explanation of such jus-
tification and a risk management plan. 
SEC. 1647. ADVISORY COMMITTEE ON INDUSTRIAL SECURITY AND 
INDUSTRIAL BASE POLICY. 
(a) ADVISORY COMMITTEE.—Not later than April 30, 2017, the 
Secretary of Defense shall establish an advisory committee (referred 
to in this section as the ‘‘Committee’’) to review, assess, and make 
recommendations with respect to industrial security and industrial 
base policy. 
(b) DUTIES.—The Committee shall— 
(1) review and assess— 
(A) the national industrial security program for cleared 
facilities and the protection of the information and net-
working systems of cleared defense contractors; 
(B) policies and practices relating to physical security 
and installation access at installations of the Department 
of Defense; 
(C) information security and cyber defense policies, 
practices, and reporting relating to the unclassified 
information and networking systems of defense contractors; 
(D) policies, practices, regulations, and reporting 
relating to industrial base issues; and 
(E) any other matters the Secretary determines to 
be appropriate; and 
(2) make recommendations to the Secretary based on such 
review and assessment. 
(c) MEMBERS.—The Committee shall be composed of 10 mem-
bers appointed by the Secretary of Defense of which five members 
shall be representatives of non-governmental entities and five mem-
bers shall be representatives of departments or agencies of the 
Federal Government. 
(d) MEETINGS.—The Committee shall meet not less often than 
once annually until the date on which the Committee terminates 
under subsection (e). 
(e) TERMINATION.—The Committee shall terminate on Sep-
tember 30, 2022. 
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130 STAT. 2606 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1648. CHANGE IN NAME OF NATIONAL DEFENSE UNIVERSITY’S 
INFORMATION RESOURCES MANAGEMENT COLLEGE TO 
COLLEGE OF INFORMATION AND CYBERSPACE. 
(a) IN GENERAL.—Section 2165(b)(5) of title 10, United States 
Code, is amended by striking ‘‘Information Resources Management 
College’’ and inserting ‘‘College of Information and Cyberspace’’. 
(b) REFERENCES.—Any reference in any law, regulation, docu-
ment, record, or other paper of the United States to the Information 
Resources Management College shall be considered to be a reference 
to the College of Information and Cyberspace. 
SEC. 1649. EVALUATION OF CYBER VULNERABILITIES OF F–35 AIR-
CRAFT AND SUPPORT SYSTEMS. 
(a) EVALUATION AND REPORT.— 
(1) EVALUATION.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
complete an evaluation of the cyber vulnerabilities of the F– 
35 aircraft and the support systems of the aircraft under section 
1647(a)(1) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 1118). 
(2) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report on the evaluation 
completed under paragraph (1) that includes— 
(A) the findings of the Secretary with respect to the 
evaluation; 
(B) identification of any major information assurance 
deficiencies relating to the F–35 aircraft or the support 
systems of the aircraft (including the autonomic logistics 
information system); and 
(C) a cyber vulnerability mitigation strategy for F– 
35 aircraft and the support systems of the aircraft. 
(3) 
WAIVER
PROHIBITED.—Notwithstanding 
section 
1647(a)(2) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 1118), the Secretary 
may not waive the requirements of paragraphs (1) and (2). 
(b) TOOLS
AND SOLUTIONS
FOR ASSESSING
AND MITIGATING 
CYBER VULNERABILITIES.—Section 1647 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1118) is amended— 
(1) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) TOOLS AND SOLUTIONS FOR ASSESSING AND MITIGATING 
CYBER VULNERABILITIES.—In addition to carrying out the evaluation 
of cyber vulnerabilities of major weapon systems of the Department 
under this section, the Secretary may— 
‘‘(1) develop tools to improve the detection and evaluation 
of cyber vulnerabilities; 
‘‘(2) conduct non-recurring engineering for the design of 
solutions to mitigate cyber vulnerabilities; and 
‘‘(3) establish Department-wide information repositories to 
share findings relating to the evaluation and mitigation of 
cyber vulnerabilities.’’. 
10 USC 2224 
note. 
10 USC 2165 
note. 
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130 STAT. 2607 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1650. EVALUATION OF CYBER VULNERABILITIES OF DEPART-
MENT OF DEFENSE CRITICAL INFRASTRUCTURE. 
(a) PLAN FOR EVALUATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a plan for the evaluation 
of the cyber vulnerabilities of the critical infrastructure of the 
Department of Defense. 
(2) ELEMENTS.—The plan under paragraph (1) shall 
include— 
(A) an identification of each of the military installations 
to be evaluated; and 
(B) an estimate of the cost of the evaluation. 
(3) PRIORITY IN EVALUATION.—The plan under paragraph 
(1) shall prioritize the evaluation of military installations based 
on the criticality of the infrastructure supporting such installa-
tions, as determined by the Chairman of the Joint Chiefs of 
Staff based on an assessment of— 
(A) the Armed Forces stationed at such military 
installations; and 
(B) threats to such military installations. 
(4) INTEGRATION WITH OTHER EFFORTS.—The plan under 
paragraph (1) shall build upon other efforts of Department 
of Defense relating to the identification and mitigation of cyber 
vulnerabilities of major weapon systems and critical infrastruc-
ture of the Department and shall not duplicate such efforts. 
(b) PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 30 days after the date 
on which the Secretary submits the plan under subsection 
(a), the Secretary, acting through a covered research laboratory, 
shall initiate a pilot program under which the Secretary shall 
assess the feasibility and advisability of applying new, innova-
tive methodologies or engineering approaches— 
(A) to improve the defense of control systems against 
cyber attacks; 
(B) to increase the resilience of military installations 
against cybersecurity threats; 
(C) to prevent or mitigate the potential for high-con-
sequence cyber attacks; and 
(D) to inform future requirements for the development 
of such control systems. 
(2) LOCATIONS.—The Secretary shall carry out the pilot 
program under paragraph (1) at not fewer than two military 
installations selected by the Secretary from among military 
installations that support the most critical mission-essential 
functions of the Department of Defense as identified in the 
plan under subsection (a). 
(3) TOOLS.—In carrying out the pilot program under para-
graph (1), the Secretary may use tools and solutions developed 
under subsection (e). 
(4) REPORT.—Not later than December 31, 2019, the Sec-
retary shall submit to the congressional defense committees 
a final report on the pilot program that includes— 
(A) a description of the activities carried out under 
the pilot program at each military installation concerned; 
(B) an assessment of the value of the methodologies 
or tools applied during the pilot program in increasing 
10 USC 2224 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
the resilience of military installations against cybersecurity 
threats; 
(C) recommendations for administrative or legislative 
actions to improve the ability of the Department to employ 
methodologies and tools for reducing cyber vulnerabilities 
in other activities of the Department of Defense; and 
(D) recommendations for including such methodologies 
or tools as requirements for relevant activities, including 
technical requirements for systems or military construction 
projects. 
(5) TERMINATION.—The authority of the Secretary to carry 
out the pilot program under this subsection shall terminate 
on September 30, 2019. 
(c) EVALUATION.— 
(1) IN GENERAL.—Not later than December 31, 2020, the 
Secretary 
shall 
complete 
an 
evaluation 
of 
the 
cyber 
vulnerabilities of the critical infrastructure of the Department 
of Defense in accordance with the plan under subsection (a). 
(2) RISK
MITIGATION
STRATEGIES.—The Secretary shall 
develop 
strategies 
for 
mitigating 
the 
risks 
of 
cyber 
vulnerabilities identified in the course of the evaluation under 
paragraph (1). 
(d) STATUS ON PROGRESS.—The Secretary shall include in each 
quarterly cyber operations briefing submitted to Congress under 
section 484 of title 10, United States Code, a summary of any 
activities carried out as part of— 
(1) the pilot program under subsection (b); or 
(2) the evaluation under subsection (c). 
(e) TOOLS AND SOLUTIONS.—The Secretary may— 
(1) develop tools that improve assessments of cyber 
vulnerabilities of Department of Defense critical infrastructure; 
(2) conduct non-recurring engineering for the design of 
mitigation solutions for such vulnerabilities; and 
(3) establish Department-wide information repositories to 
share findings relating to such assessments and to share such 
mitigation solutions. 
(f) DEFINITIONS.—In this section: 
(1) CRITICAL
INFRASTRUCTURE
OF
THE
DEPARTMENT
OF 
DEFENSE.—The term ‘‘critical infrastructure of the Department 
of Defense’’ means any asset of the Department of Defense 
of such extraordinary importance to the functioning of the 
Department and the operation of the Armed Forces that the 
incapacitation or destruction of such asset by a cyber attack 
would have a debilitating effect on the ability of the Department 
to fulfill its missions. 
(2) COVERED RESEARCH LABORATORY.—The term ‘‘covered 
research laboratory’’ means— 
(A) a research laboratory of the Department of Defense; 
or 
(B) a research laboratory of the Department of Energy 
approved by the Secretary of Energy to carry out the pilot 
program under subsection (b). 
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130 STAT. 2609 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1651. STRATEGY TO INCORPORATE ARMY RESERVE COMPONENT 
CYBER PROTECTION TEAMS INTO DEPARTMENT OF 
DEFENSE CYBER MISSION FORCE. 
(a) STRATEGY REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Army 
shall provide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing on a strategy for 
incorporating reserve component cyber protection teams into the 
cyber mission force of the Department of Defense. 
(b) ELEMENTS OF STRATEGY.—The strategy required by sub-
section (a) shall include, at minimum, the following: 
(1) A timeline for incorporating reserve component cyber 
protection teams into the cyber mission force of the Department 
of Defense, including a timeline for the appropriate training 
of such teams. 
(2) Identification of the specific reserve component cyber 
protection teams to be incorporated into the cyber mission 
force of the Department of Defense. 
(3) An assessment of how the incorporation of reserve 
component cyber protection teams into the cyber mission force 
of the Department of Defense might be used to enhance readi-
ness through improved individual and collective training 
capabilities. 
(4) A status report on the progress of the Army in issuing 
additional guidance that clarifies how reserve component cyber 
protection teams of the Army National Guard can support 
State and civil operations in National Guard status under 
title 32, United States Code. 
(5) Other matters as considered appropriate by the Sec-
retary of the Army. 
(c) RESERVE COMPONENT CYBER PROTECTION TEAMS DEFINED.— 
In this section, the term ‘‘reserve component cyber protection teams’’ 
means cyber protection teams of— 
(1) the Army National Guard; and 
(2) the other reserve components of the Army. 
SEC. 1652. STRATEGIC PLAN FOR THE DEFENSE INFORMATION SYS-
TEMS AGENCY. 
(a) STRATEGIC PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act and not less often than 
once every 2 fiscal years thereafter until September 30, 2022, the 
Director of the Defense Information Systems Agency, in consultation 
with the Under Secretary of Defense for Acquisition, Technology, 
and Logistics and the Chief Information Officer of the Department 
of Defense, shall develop or update, as appropriate, a strategic 
plan for the Agency that includes— 
(1) a comprehensive review of the requirements and mission 
of the Agency with respect to research, development, test, and 
evaluation; and 
(2) an assessment of the adequacy of the activities, facili-
ties, workforce, and resources of the Agency in meeting such 
requirements and fulfilling such mission. 
(b) COVERED PERIOD.—Each strategic plan under subsection 
(a) shall cover the period of five fiscal years beginning with the 
fiscal year in which the plan is developed or updated. 
(c) ELEMENTS.—Each strategic plan under subsection (a) shall 
include the following elements: 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(1) A statement of the mission of the Defense Information 
Systems Agency that— 
(A) addresses the critical operations and functions car-
ried out by the Agency; and 
(B) includes an assessment of projected changes to 
such operations and functions for the period covered by 
the plan. 
(2) An assessment of the personnel, facilities, and research, 
development, test, and evaluation requirements of the Depart-
ment of Defense that are needed to support the operations 
of the Agency for the period covered by the plan. 
(3) An identification of performance metrics for measuring 
the successful achievement of objectives for the period covered 
by the plan. 
(4) An assessment of the programs and plans of the Agency 
with respect to research, development, test, and evaluation, 
including the projected resources, personnel, and supporting 
infrastructure needed to carry out such programs and plans. 
(5) An assessment of the facilities and resources of the 
Agency that are used for research, development, test, and 
evaluation activities. 
(6) A description of the plans and business case analyses 
supporting any significant modifications to the facilities, 
workforce, and resources of the Agency (including any modifica-
tions involving the expansion, divestment, consolidation, or 
curtailment of activities) that are proposed, projected, or rec-
ommended by the Director. 
(7) Any other matters determined to be appropriate by 
the Director. 
SEC. 1653. PLAN FOR INFORMATION SECURITY CONTINUOUS MONI-
TORING CAPABILITY AND COMPLY-TO-CONNECT POLICY; 
LIMITATION ON SOFTWARE LICENSING. 
(a) INFORMATION SECURITY MONITORING PLAN AND POLICY.— 
(1) PLAN AND POLICY.—The Chief Information Officer of 
the Department of Defense and the Commander of the United 
States Cyber Command shall jointly develop— 
(A) a plan for a modernized, Department-wide auto-
mated information security continuous monitoring capa-
bility that includes— 
(i) a proposed information security architecture for 
the capability; 
(ii) a concept of operations for the capability; and 
(iii) requirements with respect to the functionality 
and interoperability of the tools, sensors, systems, proc-
esses, and other components of the continuous moni-
toring capability; and 
(B) a comply-to-connect policy that requires systems 
to automatically comply with the configurations of the net-
works of the Department as a condition of connecting to 
such networks. 
(2) CONSULTATION.—In developing the plan and policy 
under paragraph (1), the Chief Information Officer and the 
Commander shall consult with the Principal Cyber Advisor 
to the Secretary of Defense. 
(3) IMPLEMENTATION.—The Chief Information Officer and 
the Commander shall each issue such directives as they each 
10 USC 2224 
note. 
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130 STAT. 2611 
PUBLIC LAW 114–328—DEC. 23, 2016 
consider appropriate to ensure compliance with the plan and 
policy developed under paragraph (1). 
(4) INCLUSION
IN
BUDGET
MATERIALS.—The Secretary of 
Defense shall include funding and program plans relating to 
the plan and policy under paragraph (1) in the budget materials 
submitted by the Secretary in support of the budget of the 
President for fiscal year 2019 (as submitted to Congress under 
section 1105(a) of title 31, United States Code). 
(5) INTEGRATION
WITH
OTHER
CAPABILITIES.—The Chief 
Information Officer and the Commander shall ensure that 
information generated through automated and automation- 
assisted processes for continuous monitoring, asset manage-
ment, and comply-to-connect policies and processes shall be 
accessible and usable in machine-readable form to appropriate 
cyber protection teams and computer network defense service 
providers. 
(6) SOFTWARE LICENSE COMPLIANCE MATTERS.—The plan 
and policy required by paragraph (1) shall comply with the 
software license inventory requirements of the plan issued 
pursuant to section 937 of the National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223 
note) and updated pursuant to section 935 of the National 
Defense Authorization Act for Fiscal Year 2014 (Public Law 
113–66; 10 U.S.C. 2223 note). 
(b) LIMITATION ON FUTURE SOFTWARE LICENSING.— 
(1) IN GENERAL.—Subject to paragraph (2), none of the 
funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 or any fiscal year thereafter 
for the Department of Defense may be obligated or expended 
on a contract for a software license with a cost of more than 
$5,000,000 in a fiscal year unless the Department is able, 
through automated means— 
(A) to count the number of such licenses in use; and 
(B) to determine the security status of each instance 
of use of the software licensed. 
(2) EFFECTIVE DATE.—Paragraph (1) shall apply— 
(A) beginning on January 1, 2018, with respect to 
any contract entered into by the Secretary of Defense on 
or after such date for the licensing of software; and 
(B) beginning on January 1, 2020, with respect to 
any contract entered into by the Secretary for the licensing 
of software that was in effect on December 31, 2017. 
SEC. 1654. REPORTS ON DETERRENCE OF ADVERSARIES IN CYBER-
SPACE. 
(a) REPORT OF THE SECRETARY OF DEFENSE.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Chairman of the Joint Chiefs of Staff, 
shall submit to the President and the congressional defense 
committees a report on the military and nonmilitary options 
available to the United States for deterring and responding 
to imminent threats in cyberspace and malicious cyber activities 
carried out against the United States by foreign governments 
and terrorist organizations. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
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130 STAT. 2612 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) A description of the military and nonmilitary 
options described in paragraph (1), including citations to 
relevant provisions of law, regulation, or directives or other 
policy documents of the Federal Government. 
(B) Descriptions of relevant authorities, rules of 
engagement, command and control structures, and response 
plans relating to such options, including— 
(i) authorities that have been delegated by the 
President to the Secretary of Defense for the conduct 
of cyber operations; 
(ii) operational authorities delegated by the Sec-
retary to the Commander of the United States Cyber 
Command for military cyber operations; 
(iii) identification of how the law of war applies 
to cyber operations of the Department of Defense; 
(iv) an assessment of the effectiveness of each such 
option; and 
(v) an integrated priorities list for cyber deterrence 
capabilities of the Department of Defense that identi-
fies, at a minimum, high priority capability needs 
prioritized by armed force, function, risk areas, and 
long-term strategic planning issues. 
(b) REPORT OF THE PRESIDENT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
on which the Secretary of Defense submits the report under 
subsection (a), the President shall submit to the congressional 
defense committees a report describing the types of actions 
carried out in cyberspace against the United States that may 
warrant a military response. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) Discussion of the types of actions carried out in 
cyberspace that may warrant a military response or oper-
ation. 
(B) A description of the role of the military in 
responding to acts of aggression in cyberspace against the 
United States. 
(C) A description of the circumstances required for 
a military response to a cyber attack against the United 
States. 
(D) A plan for articulating a declaratory policy on 
the use of cyber weapons by the United States. 
SEC. 1655. SENSE OF CONGRESS ON CYBER RESILIENCY OF THE NET-
WORKS 
AND 
COMMUNICATIONS 
SYSTEMS 
OF 
THE 
NATIONAL GUARD. 
It is the sense of Congress that, to the greatest extent prac-
ticable, the National Guard should continuously seek ways to 
improve, expand, and provide resources for its communications 
and networking systems to enhance the performance and resilience 
of such systems in the face of cyber attacks, disruptions, and other 
threats. 
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130 STAT. 2613 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle D—Nuclear Forces 
SEC. 1661. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF NATIONAL 
LEADERSHIP COMMAND, CONTROL, AND COMMUNICA-
TIONS SYSTEM. 
(a) RESPONSIBILITIES.—Subsection (d) of section 171a of title 
10, United States Code, is amended— 
(1) in paragraph (1), by inserting before the period the 
following: ‘‘, and including with respect to the integrated tactical 
warning and attack assessment systems, processes, and 
enablers, and continuity of the governmental functions of the 
Department of Defense’’; and 
(2) in paragraph (2)(C), by inserting before the period the 
following: ‘‘(including space system architectures and associated 
user terminals and ground segments)’’. 
(b) 
ENSURING
CAPABILITIES.—Such 
section 
is 
further 
amended— 
(1) by redesignating subsection (i) as subsection (k); and 
(2) by inserting after subsection (h) the following new sub-
sections: 
‘‘(i) REPORTS ON SPACE ARCHITECTURE DEVELOPMENT.—(1) Not 
less than 90 days before each of the dates on which a system 
described in paragraph (2) achieves Milestone A or Milestone B 
approval, the Under Secretary of Defense for Acquisitions, Tech-
nology, and Logistics shall submit to the congressional defense 
committees a report prepared by the Council detailing the implica-
tions of any changes to the architecture of such a system with 
respect to the systems, capabilities, and programs covered under 
subsection (d). 
‘‘(2) A system described in this paragraph is any of the fol-
lowing: 
‘‘(A) Advanced extremely high frequency satellites. 
‘‘(B) The space-based infrared system. 
‘‘(C) The integrated tactical warning and attack assessment 
system and its command and control system. 
‘‘(D) The enhanced polar system. 
‘‘(3) In this subsection, the terms ‘Milestone A approval’ and 
‘Milestone B approval’ have the meanings given such terms in 
section 2366(e) of this title. 
‘‘(j) NOTIFICATION OF REDUCTION OF CERTAIN WARNING TIME.— 
(1) None of the funds authorized to be appropriated or otherwise 
made available to the Department of Defense for any fiscal year 
may be used to change any command, control, and communications 
system described in subsection (d)(1) in a manner that reduces 
the warning time provided to the national leadership of the United 
States with respect to a warning of a strategic missile attack 
on the United States unless— 
‘‘(A) the Secretary of Defense notifies the congressional 
defense committees of such proposed change and reduction; 
and 
‘‘(B) a period of one year elapses following the date of 
such notification. 
‘‘(2) Not later than March 1, 2017, and each year thereafter, 
the Council shall determine whether the integrated tactical warning 
and attack assessment system and its command and control system 
have met all warfighter requirements for operational availability, 
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130 STAT. 2614 
PUBLIC LAW 114–328—DEC. 23, 2016 
survivability, and endurability. If the Council determines that such 
systems have not met such requirements, the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall jointly submit 
to the congressional defense committees— 
‘‘(A) an explanation for such negative determination; 
‘‘(B) a description of the mitigations that are in place or 
being put in place as a result of such negative determination; 
and 
‘‘(C) the plan of the Secretary and the Chairman to ensure 
that the Council is able to make a positive determination in 
the following year.’’. 
(c) REPORTING REQUIREMENTS.—Subsection (e) of such section 
is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘At 
the same time’’ and all that follows through ‘‘title 31,’’ and 
inserting the following: ‘‘During the period preceding January 
31, 2021, at the same time each year that the budget of the 
President is submitted to Congress pursuant to section 1105(a) 
of title 31, and from time to time after such period at the 
discretion of the Council,’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(6) An assessment of the readiness of the command, con-
trol, and communications system for the national leadership 
of the United States and of each layer of the system, as that 
layer relates to nuclear command, control, and communica-
tions.’’. 
SEC. 1662. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY 
STATE AND LOCAL GOVERNMENTS. 
(a) SPECIAL NUCLEAR MATERIAL.— 
(1) IN GENERAL.—Section 128 of title 10, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(d) Information that the Secretary prohibits to be disseminated 
pursuant to subsection (a) that is provided to a State or local 
government shall remain under the control of the Department of 
Defense, and a State or local law authorizing or requiring a State 
or local government to disclose such information shall not apply 
to such information.’’. 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended by striking ‘‘Physical protection’’ and inserting 
‘‘Control and physical protection’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 3 of such title is amended by striking 
the item relating to section 128 and inserting the following 
new item: 
‘‘128. Control and physical protection of special nuclear material: limitation on dis-
semination of unclassified information.’’. 
(b) CRITICAL INFRASTRUCTURE SECURITY INFORMATION.—Section 
130e of such title is amended— 
(1) by transferring subsection (c) to the end of such section 
and redesignating such subsection, as so transferred, as sub-
section (f); and 
(2) by striking subsection (b) and inserting the following 
new subsections: 
‘‘(b) DESIGNATION OF DEPARTMENT OF DEFENSE CRITICAL INFRA-
STRUCTURE SECURITY INFORMATION.—In addition to any other 
10 USC 121 prec. 
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130 STAT. 2615 
PUBLIC LAW 114–328—DEC. 23, 2016 
authority or requirement regarding protection from dissemination 
of information, the Secretary may designate information as being 
Department of Defense critical infrastructure security information, 
including during the course of creating such information, to ensure 
that such information is not disseminated without authorization. 
Information so designated is subject to the determination process 
under subsection (a) to determine whether to exempt such informa-
tion from disclosure described in such subsection. 
‘‘(c) INFORMATION PROVIDED
TO STATE
AND LOCAL GOVERN-
MENTS.—(1) Department of Defense critical infrastructure security 
information covered by a written determination under subsection 
(a) or designated under subsection (b) that is provided to a State 
or local government shall remain under the control of the Depart-
ment of Defense. 
‘‘(2)(A) A State or local law authorizing or requiring a State 
or local government to disclose Department of Defense critical infra-
structure security information that is covered by a written deter-
mination under subsection (a) shall not apply to such information. 
‘‘(B) If a person requests pursuant to a State or local law 
that a State or local government disclose information that is des-
ignated as Department of Defense critical infrastructure security 
information under subsection (b), the State or local government 
shall provide the Secretary an opportunity to carry out the deter-
mination process under subsection (a) to determine whether to 
exempt such information from disclosure pursuant to subparagraph 
(A).’’. 
SEC. 1663. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF INTER-
CONTINENTAL BALLISTIC MISSILE FUZES. 
(a) AVAILABILITY OF FUNDS.—Notwithstanding section 1502(a) 
of title 31, United States Code, of the amount authorized to be 
appropriated for fiscal year 2017 by section 101 and available 
for Missile Procurement, Air Force, as specified in the funding 
table in section 4101, $17,095,000 shall be available for the procure-
ment of covered parts pursuant to contracts entered into under 
section 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 
National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3651). 
(b) COVERED PARTS DEFINED.—In this section, the term ‘‘cov-
ered parts’’ means commercially available off-the-shelf items as 
defined in section 104 of title 41, United States Code. 
SEC. 1664. PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE 
VARIANT OF GROUND-BASED STRATEGIC DETERRENT 
MISSILE. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for any of fiscal years 2017 or 2018 
may be obligated or expended to retain the option for, or develop, 
a mobile variant of the ground-based strategic deterrent missile. 
SEC. 1665. LIMITATION ON AVAILABILITY OF FUNDS FOR EXTENSION 
OF NEW START TREATY. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2017 or any other fiscal year for the Department of Defense may 
be obligated or expended to extend the New START Treaty unless— 
(1) the Chairman of the Joint Chiefs of Staff submits the 
report under subsection (b); 
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130 STAT. 2616 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) the Director of National Intelligence submits the 
National Intelligence Estimate under subsection (c)(2); and 
(3) a period of 120 days elapses following the submission 
of both the report and the National Intelligence Estimate. 
(b) REPORT.—The Chairman of the Joint Chiefs of Staff shall 
submit to the appropriate congressional committees a report 
detailing the following: 
(1) The impacts on the nuclear forces and force planning 
of the United States with respect to a State Party to the 
New START Treaty developing a capability to conduct a rapid 
reload of its ballistic missiles. 
(2) Whether any State Party to the New START Treaty 
has significantly increased its upload capability with non- 
deployed nuclear warheads and the degree to which such 
developments impact crisis stability and the nuclear forces, 
force planning, use concepts, and deterrent strategy of the 
United States. 
(3) The extent to which non-treaty-limited nuclear or stra-
tegic conventional systems pose a threat to the United States 
or the allies of the United States. 
(4) The extent to which violations of arms control treaty 
and agreement obligations pose a risk to the national security 
of the United States and the allies of the United States, 
including the perpetuation of violations ongoing as of the date 
of the enactment of this Act, as well as potential further viola-
tions. 
(5) The extent to which— 
(A) the ‘‘escalate-to-deescalate’’ nuclear use doctrine 
of the Russian Federation is deterred under the current 
nuclear force structure, weapons capabilities, and declara-
tory policy of the United States; and 
(B) deterring the implementation of such a doctrine 
has been integrated into the war plans of the United States. 
(6) The status of the nuclear weapons, nuclear weapons 
infrastructure, and nuclear command and control modernization 
activities of the United States, and the impact such status 
has on plans to— 
(A) implement the reduction of the nuclear weapons 
of the United States; or 
(B) further reduce the numbers and types of such 
weapons. 
(7) Whether, and if so, the reasons that, the New START 
Treaty, and the extension of the treaty as of the date of the 
report, is in the national security interests of the United States. 
(c) NATIONAL INTELLIGENCE ESTIMATE.— 
(1) PRODUCTION.—The Director of National Intelligence 
shall produce a National Intelligence Estimate on the following: 
(A) The nuclear forces and doctrine of the Russian 
Federation. 
(B) The nuclear weapons research and production capa-
bility of Russia. 
(C) The compliance of Russia with respect to arms 
control obligations (including treaties, agreements, and 
other obligations). 
(D) The doctrine of Russia with respect to targeting 
adversary critical infrastructure and the relationship 
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130 STAT. 2617 
PUBLIC LAW 114–328—DEC. 23, 2016 
between such doctrine and other Russian war planning, 
including, at a minimum, ‘‘escalate-to-deescalate’’ concepts. 
(2) SUBMISSION.—The Director of National Intelligence 
shall submit, consistent with the protection of sources and 
methods, to the appropriate congressional committees the 
National Intelligence Estimate produced under paragraph (1). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the Committees on Armed Services of the House 
of Representatives and the Senate; 
(B) the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations 
of the Senate; and 
(C) the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
(2) The term ‘‘New START Treaty’’ means the Treaty 
between the United States of America and the Russian Federa-
tion on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed on April 8, 2010, and 
entered into force on February 5, 2011. 
SEC. 1666. CERTIFICATIONS REGARDING INTEGRATED TACTICAL 
WARNING AND ATTACK ASSESSMENT MISSION OF THE AIR 
FORCE. 
(a) ANNUAL CERTIFICATION.—Not later than March 31, 2017, 
and each year thereafter through 2020, the Commander of the 
United States Strategic Command shall certify to the Secretary 
of Defense and the congressional defense committees that— 
(1) the Air Force is appropriately organized, staffed, 
trained, and equipped to carry out the portions of the integrated 
tactical warning and attack assessment mission assigned to 
the Air Force that are survivable and endurable; and 
(2) the programs and plans of the Air Force for sustaining, 
modernizing, training, and exercising capabilities relating to 
such mission are sufficient to ensure the success of the mission. 
(b) INABILITY TO CERTIFY.—If the Commander does not make 
a certification under subsection (a) by March 31 of any year in 
which a certification is required under such subsection, the Sec-
retary of the Air Force shall take immediate actions to consolidate 
all terrestrial and aerial components of the integrated tactical 
warning and attack assessment system of the Air Force that are 
survivable and endurable under the major command of the Air 
Force commanded by the single general officer that is responsible 
for all aspects of the Air Force nuclear mission, as described by 
Air Force Program Action Directive D16–01 dated August 2, 2016. 
(c) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to affect any responsibilities and authorities relating 
to the integrated tactical warning and attack assessment system 
in effect on the date of the enactment of this Act pursuant to 
the Agreement Between the Government of the United States of 
America and the Government of Canada on the North American 
Aerospace Defense Command and the terms of reference for the 
North American Aerospace Defense Command. 
10 USC 2431 
note. 
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130 STAT. 2618 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1667. MATTERS RELATING TO INTERCONTINENTAL BALLISTIC 
MISSILES. 
(a) PROHIBITION.— 
(1) IN
GENERAL.—Except as provided by paragraph (2), 
none of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for the Depart-
ment of Defense shall be obligated or expended for— 
(A) reducing, or preparing to reduce, the responsiveness 
or alert level of the intercontinental ballistic missiles of 
the United States; or 
(B) reducing, or preparing to reduce, the quantity of 
deployed intercontinental ballistic missiles of the United 
States to a number less than 400. 
(2) EXCEPTION.—The prohibition in paragraph (1) shall not 
apply to any of the following activities: 
(A) The maintenance or sustainment of interconti-
nental ballistic missiles. 
(B) Ensuring the safety, security, or reliability of inter-
continental ballistic missiles. 
(C) Reduction in the number of deployed interconti-
nental ballistic missiles that are carried out in compliance 
with— 
(i) the limitations of the New START Treaty (as 
defined in section 494(a)(2)(D) of title 10, United States 
Code); and 
(ii) section 1644 of the Carl Levin an Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization Act 
for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 
3651; 10 U.S.C. 494 note). 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of the Air Force 
and the Chairman of the Nuclear Weapons Council shall submit 
to the congressional defense committees a report regarding 
efforts to carry out section 1057 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 
10 U.S.C. 495 note). 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following with respect to the period of the expected 
lifespan of the Minuteman III system: 
(A) The number of nuclear warheads required to sup-
port the capability to redeploy multiple independently re-
targetable reentry vehicles across the full intercontinental 
ballistic missile fleet. 
(B) The current and planned (through 2030) readiness 
state of nuclear warheads intended to support the capa-
bility to redeploy multiple independently retargetable 
reentry vehicles across the full intercontinental ballistic 
missile fleet, including which portion of the active or inac-
tive stockpile such warheads are classified within. 
(C) The current and planned (through 2030) reserve 
of components or subsystems required to redeploy multiple 
independently retargetable reentry vehicles across the full 
intercontinental ballistic missile fleet, including the plans 
or industrial capability and capacity to produce more such 
components or subsystems, if needed. 
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130 STAT. 2619 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) The current and planned (through 2030) time 
required to commence redeployment of multiple independ-
ently retargetable reentry vehicles across the interconti-
nental ballistic missile fleet, including the time required 
to finish deployment across the full fleet. 
(E) The estimated cost of maintaining the capability 
and warheads required to redeploy multiple independently 
retargetable reentry vehicles across the full interconti-
nental ballistic missile fleet. 
SEC. 1668. REQUESTS FOR FORCES TO MEET SECURITY REQUIRE-
MENTS FOR LAND-BASED NUCLEAR FORCES. 
(a) EXPEDITED DECISION FOR SECURING LAND-BASED MISSILE 
FIELDS.—To mitigate any risk posed to the nuclear forces of the 
United States by the failure to replace the UH–1N helicopter, 
the Secretary of Defense shall, in consultation with the Chairman 
of the Joint Chiefs of Staff— 
(1) decide if the land-based missile fields using UH–1N 
helicopters meet security requirements and if there are any 
shortfalls or gaps in meeting such requirements; 
(2) not later than 30 days after the date of the enactment 
of this Act, submit to Congress a report on the decision relating 
to a request for forces required by paragraph (1); and 
(3) if the Chairman determines the implementation of the 
decision to be warranted to mitigate any risk posed to the 
nuclear forces of the United States— 
(A) not later than 60 days after such date of enactment, 
implement that decision; or 
(B) if the Secretary cannot implement that decision 
during the period specified in subparagraph (A), not later 
than 45 days after such date of enactment, submit to 
Congress a report that includes a proposal for the date 
by which the Secretary can implement that decision and 
a plan to carry out that proposal. 
(b) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
the travel and representational expenses of the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, not more 
than 75 percent may be obligated or expended until the date on 
which the Under Secretary certifies to the congressional defense 
committees that there is a acquisition process in place to ensure 
that a UH–1N replacement aircraft is under contract in fiscal 
year 2018. 
SEC. 1669. REPORT ON RUSSIAN AND CHINESE POLITICAL AND MILI-
TARY LEADERSHIP SURVIVABILITY, COMMAND AND CON-
TROL, AND CONTINUITY OF GOVERNMENT PROGRAMS 
AND ACTIVITIES. 
(a) REPORT.—Not later than January 15, 2017, the Director 
of National Intelligence shall submit to the appropriate congres-
sional committees, consistent with the protection of sources and 
methods, a report on the leadership survivability, command and 
control, and continuity of government programs and activities with 
respect to the People’s Republic of China and the Russian Federa-
tion, respectively. The report shall include the following: 
(1) The goals and objectives of such programs and activities 
of each respective country. 
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130 STAT. 2620 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) An assessment of how such programs and activities 
fit into the political and military doctrine and strategy of each 
respective country. 
(3) An assessment of the size and scope of such activities, 
including the location and description of above-ground and 
underground facilities important to the political and military 
leadership survivability, command and control, and continuity 
of government programs and activities of each respective 
country. 
(4) An identification of which facilities various senior polit-
ical and military leaders of each respective country are expected 
to operate out of during crisis and wartime. 
(5) A technical assessment of the political and military 
means and methods for command and control in wartime of 
each respective country. 
(6) An identification of key officials and organizations of 
each respective country involved in managing and operating 
such facilities, programs, and activities, including the command 
structure for each organization involved in such programs and 
activities. 
(7) An assessment of how senior leaders of each respective 
country measure the effectiveness of such programs and activi-
ties. 
(8) An estimate of the annual cost of such programs and 
activities. 
(9) An assessment of the degree of enhanced survivability 
such programs and activities can be expected to provide in 
various military scenarios ranging from limited conventional 
conflict to strategic nuclear employment. 
(10) An assessment of the type and extent of foreign assist-
ance, if any, in such programs and activities. 
(11) An assessment of the status and the effectiveness 
of the intelligence collection of the United States on such pro-
grams and capabilities, and any gaps in such collection. 
(12) Any other matters the Director determines appro-
priate. 
(b) COUNCIL ASSESSMENT.—Not later than 90 days after the 
date on which the Director submits the report under subsection 
(a), the Council on Oversight of the National Leadership Command, 
Control, and Communications System established by section 171a 
of title 10, United States Code, shall submit to the appropriate 
congressional committees an assessment of how the command, con-
trol, and communications systems for the national leadership of 
the People’s Republic of China and the Russian Federation, respec-
tively, compare to such system of the United States. 
(c) STRATCOM.—Together with the assessment submitted 
under subsection (b), the Commander of the United States Strategic 
Command shall submit to the appropriate congressional committees 
the views of the Commander on the report under subsection (a), 
including a detailed description for how the leadership survivability, 
command and control, and continuity of government programs and 
activities of the People’s Republic of China and the Russian Federa-
tion, respectively, are considered in the plans and options under 
the responsibility of the Commander under the unified command 
plan. 
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130 STAT. 2621 
PUBLIC LAW 114–328—DEC. 23, 2016 
(d) FORMS.—Each report or assessment submitted under this 
section may be submitted in unclassified form, but may include 
a classified annex. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate. 
SEC. 1670. REVIEW BY COMPTROLLER GENERAL OF THE UNITED 
STATES OF RECOMMENDATIONS RELATING TO NUCLEAR 
ENTERPRISE OF DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—During each of fiscal years 2017 through 
2021, the Comptroller General of the United States shall conduct 
a review of the following: 
(1) The processes of the Department of Defense for 
addressing the recommendations of the Department of Defense 
Internal Nuclear Enterprise Review, the Independent Review 
of the Department of Defense Nuclear Enterprise, and other 
recommendations affecting the health of the nuclear enterprise 
of the Department of Defense identified or tracked by the 
Nuclear Deterrence Enterprise Review Group, including the 
process used by the Director of Cost Assessment and Program 
Evaluation to evaluate the implementation of such rec-
ommendations. 
(2) The processes used to implement recommendations from 
other assessments of the nuclear enterprise of the Department 
of Defense, including the National Leadership Command Capa-
bility and Nuclear Command, Control, and Communications 
Enterprise Review. 
(b) BRIEFING.—After conducting each review under subsection 
(a), the Comptroller General shall provide to the congressional 
defense committees a briefing on the review. 
(c) CONFORMING REPEAL.—Section 1658 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1125) is repealed. 
SEC. 1671. SENSE OF CONGRESS ON NUCLEAR DETERRENCE. 
It is the sense of Congress that— 
(1) the nuclear forces of the United States continue to 
play a fundamental role in deterring aggression against the 
interests of the United States and the allies of the United 
States in an increasingly dangerous world in which foreign 
adversaries, including the Russian Federation, are making 
explicit nuclear threats against the United States and such 
allies; 
(2) strong United States nuclear forces assure the allies 
of the United States that the extended deterrence guarantees 
of the United States are credible and that the resolve of the 
United States remains strong even in the face of nuclear provo-
cations, including nuclear coercion and blackmail; 
(3) the prevention of war through effective deterrence 
requires survivable and flexible nuclear forces that are well 
exercised and ready to respond to nuclear escalation if nec-
essary; 
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130 STAT. 2622 
PUBLIC LAW 114–328—DEC. 23, 2016 
(4) possessing a range of capabilities and options to counter 
nuclear threats assures the allies of the United States and 
enhances the credibility of United States nuclear deterrence 
by reinforcing the resolve of the United States in the minds 
of such allies and potential adversaries; 
(5) the declared policy of the United States with respect 
to the use of nuclear weapons must be coordinated and commu-
nicate clearly that the use of nuclear weapons against the 
United States or its vital interests would ultimately fail and 
subject the aggressor to incalculable consequences; 
(6) in support of a strong and credible nuclear deterrent, 
the United States must— 
(A) maintain a nuclear force with a diverse, flexible 
range of nuclear yield and delivery modes that are ready, 
capable, and credible; 
(B) afford the highest priority to the modernization 
of the nuclear triad, dual-capable aircraft, and related com-
mand and control elements; and 
(C) ensure the broadest participation of allies of the 
United States in nuclear defense planning, training, and 
exercises to demonstrate the commitment of the United 
States and such allies and their solidarity against nuclear 
threats and coercion; and 
(7) with respect to the North Atlantic Treaty Organization 
(NATO)— 
(A) NATO has made it clear at the NATO summit 
in Warsaw, Poland, in July 2018, that— 
(i) ‘‘the fundamental purpose of NATO’s nuclear 
capability is to preserve peace, prevent coercion, and 
deter aggression’’; and 
(ii) ‘‘Nuclear weapons are unique. Any employment 
of nuclear weapons against NATO would fundamen-
tally alter the nature of a conflict. The circumstances 
in which NATO might have to use nuclear weapons 
are extremely remote. If the fundamental security of 
any of its members were to be threatened however, 
NATO has the capabilities and resolve to impose costs 
on an adversary that would be unacceptable and far 
outweigh the benefits that an adversary could hope 
to achieve.’’; and 
(B) accordingly, effective deterrence requires that 
NATO conduct realistic nuclear planning and exercises, 
and modernize the full suite of dual-capable aircraft and 
associated command and control networks and facilities. 
SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT 
NUCLEAR DETERRENT OF UNITED KINGDOM. 
It is the sense of Congress that— 
(1) the United States believes that the independent nuclear 
deterrent and decision-making of the United Kingdom provides 
a crucial contribution to international stability, the North 
Atlantic Treaty Organization alliance, and the national security 
of the United States; 
(2) nuclear deterrence is and will continue to be the highest 
priority mission of the Department of Defense and the United 
States benefits when the closest ally of the United States clearly 
and unequivocally sets similar priorities; 
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130 STAT. 2623 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) the United States sees the nuclear deterrent of the 
United Kingdom as central to trans-Atlantic security and to 
the commitment of the United Kingdom to NATO to spend 
two percent of gross domestic product on defense; 
(4) the commitment of the United Kingdom to maintain 
a continuous at-sea deterrence posture today and in the future 
complements the deterrent capabilities of the United States 
and provides a credible ‘‘second center of decision making’’ 
which ensures potential attackers cannot discount the solidarity 
of the mutual relationship of the United States and the United 
Kingdom; 
(5) the United States Navy must execute the Ohio-class 
replacement submarine program on time and within budget, 
seeking efficiencies and cost savings wherever possible, to 
ensure that the program delivers a Common Missile Compart-
ment, the Trident II (D5) Strategic Weapon System, and associ-
ated equipment and production capabilities, that support the 
successful development and deployment of the Dreadnought 
submarines of the United Kingdom; and 
(6) the close technical collaboration, especially expert 
mutual scientific peer review, provides valuable resilience and 
cost effectiveness to the respective deterrence programs of the 
United States and the United Kingdom. 
Subtitle E—Missile Defense Programs 
SEC. 1681. NATIONAL MISSILE DEFENSE POLICY. 
(a) POLICY.—It is the policy of the United States to maintain 
and improve an effective, robust layered missile defense system 
capable of defending the territory of the United States, allies, 
deployed forces, and capabilities against the developing and increas-
ingly complex ballistic missile threat with funding subject to the 
annual authorization of appropriations and the annual appropria-
tion of funds for National Missile Defense. 
(b) CONFORMING REPEAL.—Section 2 of the National Missile 
Defense Act of 1999 (Public Law 106–38; 10 U.S.C. 2431 note) 
is repealed. 
SEC. 1682. EXTENSIONS OF PROHIBITIONS RELATING TO MISSILE 
DEFENSE INFORMATION AND SYSTEMS. 
(a) PROHIBITION ON INTEGRATION OF CERTAIN MISSILE DEFENSE 
SYSTEMS.— 
(1) IN GENERAL.—Section 130h of title 10, United States 
Code, is amended— 
(A) by redesignating subsection (d) as subsection (e); 
(B) by inserting after subsection (c) the following new 
subsection (d): 
‘‘(d) INTEGRATION.—None of the funds authorized to be appro-
priated or otherwise made available for any fiscal year for the 
Department of Defense may be obligated or expended to integrate 
a missile defense system of the Russian Federation or a missile 
defense system of the People’s Republic of China into any missile 
defense system of the United States.’’; and 
(C) by striking the section heading and inserting the 
following: ‘‘Prohibitions relating to missile defense 
information and systems’’. 
10 USC 2431 
note. 
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130 STAT. 2624 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 3 of title 10, United States Code, is 
amended by striking the item relating to section 130h and 
inserting the following new item: 
‘‘130h. Prohibitions relating to missile defense information and systems.’’. 
(3) CONFORMING REPEALS.—Sections 1672 and 1673 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1130) are repealed. 
(b) EXTENSION OF SUNSET.—Section 130h(e) of title 10, United 
States Code, as redesignated by subsection (a)(1), is amended to 
read as follows: 
‘‘(e) SUNSET.—The prohibitions in subsections (a), (b), and (d) 
shall expire on January 1, 2019.’’. 
SEC. 1683. NON-TERRESTRIAL MISSILE DEFENSE INTERCEPT AND 
DEFEAT 
CAPABILITY 
FOR 
THE 
BALLISTIC 
MISSILE 
DEFENSE SYSTEM. 
Section 1685 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1142) is amended— 
(1) in subsection (c)(2), by inserting before the semicolon 
at the end the following: ‘‘for each fiscal year over the five- 
fiscal-year period beginning with the fiscal year following the 
fiscal year in which the report is submitted, assuming such 
potential program of record is technically feasible and could 
be deployed by December 31, 2027’’; and 
(2) by adding at the end the following new subsection: 
‘‘(d) COMMENCEMENT OF RDT&E.—Not later than 60 days after 
the submittal of the report required by subsection (c), the Director 
may commence coordination and activities associated with research, 
development, test, and evaluation on the programs described in 
subsection (c)(2).’’. 
SEC. 1684. REVIEW OF THE MISSILE DEFEAT POLICY AND STRATEGY 
OF THE UNITED STATES. 
(a) NEW REVIEW.—The Secretary of Defense and the Chairman 
of the Joint Chiefs of Staff shall jointly conduct a new review 
of the missile defeat capability, policy, and strategy of the United 
States, with respect to— 
(1) left- and right-of-launch ballistic missile defense for— 
(A) both regional and homeland purposes; and 
(B) the full range of active, passive, kinetic, and non-
kinetic defense measures across the full spectrum of land- 
, air-, sea-, and space-based platforms; 
(2) the integration of offensive and defensive forces for 
the defeat of ballistic missiles, including against weapons ini-
tially deployed on ballistic missiles, such as hypersonic glide 
vehicles; and 
(3) cruise missile defense of the homeland. 
(b) ELEMENTS.—The review under subsection (a) shall address 
the following: 
(1) The missile defeat policy, strategy, and objectives of 
the United States in relation to the national security strategy 
of the United States and the military strategy of the United 
States. 
(2) The role of deterrence in the missile defeat policy and 
strategy of the United States. 
10 USC 2431 
note. 
10 USC 121 prec. 
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130 STAT. 2625 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) The missile defeat posture, capability, and force struc-
ture of the United States. 
(4) With respect to both the five- and ten-year periods 
beginning on the date of the review, the planned and desired 
end-state of the missile defeat programs of the United States, 
including regarding the integration and interoperability of such 
programs with the joint forces and the integration and inter-
operability of such programs with allies, and specific bench-
marks, milestones, and key steps required to reach such end- 
states. 
(5) The process for determining requirements, force struc-
ture, and inventory objectives for missile defeat capabilities 
under such programs, including input from the joint military 
requirements process. 
(6) The organization, execution, and oversight of acquisition 
for the missile defeat programs of the United States. 
(7) The roles and responsibilities of the Office of the Sec-
retary of Defense, Defense Agencies, combatant commands, the 
Joint Chiefs of Staff, the military departments, and the intel-
ligence community in such programs and the process for 
ensuring accountability of each stakeholder. 
(8) Standards for the military utility, operational effective-
ness, suitability, and survivability of the missile defeat systems 
of the United States. 
(9) The method in which resources for the missile defeat 
mission are planned, programmed, and budgeted within the 
Department of Defense. 
(10) The near-term and long-term costs and cost effective-
ness of such programs. 
(11) The options for affecting the offense-defense cost curve. 
(12) The role of international cooperation in the missile 
defeat policy and strategy of the United States and the plans, 
policies, and requirements for integration and interoperability 
of missile defeat capability with allies. 
(13) Options for increasing the frequency of the codevelop-
ment of missile defeat capabilities with allies of the United 
States in the near-term and far-term. 
(14) Declaratory policy governing the employment of missile 
defeat capabilities and the military options and plans and 
employment options of such capabilities. 
(15) The role of multi-mission defense and other assets 
of the United States, including space and terrestrial sensors 
and plans to achieve multi-mission capability in current, 
planned, and other future assets and acquisition programs. 
(16) The indications and warning required to meet the 
missile defeat strategy and objectives of the United States 
described in paragraph (1) and the key enablers and programs 
to achieve such indications and warning. 
(17) The impact of the mobility, countermeasures, and 
denial and deception capabilities of adversaries on the indica-
tions and warning described in paragraph (16) and the con-
sequences on the missile defeat capability, objectives, and mili-
tary options of the United States and the plans of the combatant 
commanders. 
(18) Any other matters the Secretary determines relevant. 
(c) REPORTS.— 
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130 STAT. 2626 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) RESULTS.—Not later than January 31, 2018, the Sec-
retary shall submit to the congressional defense committees 
a report setting forth the results of the review under subsection 
(a). 
(2) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(3) ANNUAL IMPLEMENTATION UPDATES.—During the five- 
year period beginning on the date of the submission of the 
report under paragraph (1), the Director of Cost Assessment 
and Program Evaluation shall submit to the Secretary of 
Defense, the Chairman of the Joint Chiefs of Staff, and the 
congressional defense committees annual status updates 
detailing the progress of the Secretary in implementing the 
missile defeat strategy of the United States. 
(4) THREAT REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the congressional defense commit-
tees, the Permanent Select Committee on Intelligence of the 
House of Representatives, and the Select Committee on Intel-
ligence of the Senate a report containing an unclassified sum-
mary, consistent with the protection of intelligence sources 
and methods, of— 
(A) as of the date of the report required by this para-
graph, the ballistic and cruise missile threat to the United 
States, deployed forces of the United States, and friends 
and allies of the United States from short-, medium-, inter-
mediate-, and long-range nuclear and non-nuclear ballistic 
and cruise missile threats; and 
(B) an assessment of such threat in 2026. 
(5) DECLARATORY
POLICY, CONCEPT
OF
OPERATIONS, AND 
EMPLOYMENT GUIDELINES FOR LEFT-OF-LAUNCH CAPABILITY.— 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff shall jointly submit to the congressional 
defense committees the following: 
(A) The unclassified declaratory policy of the United 
States regarding the use of the left-of-launch capability 
of the United States against potential targets. 
(B) Both the classified and unclassified concept of oper-
ations for the use of such capability across and between 
the combatant commands. 
(C) Both the classified and unclassified employment 
strategy, plans, and options for such capability. 
(d) NOTIFICATION.— 
(1) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2017 or fiscal year 2018 for the Secretary of Defense may 
be obligated or expended to change the non-standard acquisition 
processes and responsibilities described in paragraph (2) until— 
(A) the Secretary notifies the congressional defense 
committees of such proposed change; and 
(B) a period of 180 days has elapsed following the 
date of such notification. 
(2) NON-STANDARD
ACQUISITION
PROCESSES
AND
RESPON-
SIBILITIES DESCRIBED.—The non-standard acquisition processes 
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130 STAT. 2627 
PUBLIC LAW 114–328—DEC. 23, 2016 
and responsibilities described in this paragraph are such proc-
esses and responsibilities described in— 
(A) the memorandum of the Secretary of Defense titled 
‘‘Missile Defense Program Direction’’ signed on January 
2, 2002; and 
(B) Department of Defense Directive 5134.09, as in 
effect on the date of the enactment of this Act. 
(e) DESIGNATION REQUIRED.— 
(1) AUTHORITY.—Not later than March 31, 2018, the Sec-
retary of Defense shall designate a military department or 
Defense Agency with acquisition authority with respect to— 
(A) the capability to defend the homeland from cruise 
missiles; and 
(B) left-of-launch ballistic missile defeat capability. 
(2) DISCRETION.—The Secretary may designate a single 
military department or Defense Agency with the acquisition 
authority described in paragraph (1) or designate a separate 
military department or Defense Agency for each function speci-
fied in such paragraph. 
(3) VALIDATION.—In making a designation under paragraph 
(1), the Secretary shall include a description of the manner 
in which the military requirements for such capabilities will 
be validated. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘Defense Agency’’ has the meaning given 
that term in section 101(a)(11) of title 10, United States Code. 
(2) The term ‘‘intelligence community’’ has the meaning 
given that term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003). 
SEC. 1685. MAXIMIZING AEGIS ASHORE CAPABILITY AND DEVELOPING 
MEDIUM RANGE DISCRIMINATION RADAR. 
(a) ANTI-AIR WARFARE CAPABILITY OF AEGIS ASHORE SITES.— 
(1) AUTHORIZATION.—Using funds authorized to be appro-
priated by sections 101 and 201 of this Act or otherwise made 
available for fiscal year 2017 for procurement and research, 
development, test, and evaluation, the Secretary of Defense 
shall continue the development, procurement, and deployment 
of anti-air warfare capabilities at each Aegis Ashore site in 
Romania and Poland. 
(2) LONG-LEAD
COMPONENTS.—Of the funds specified in 
paragraph (1), not more than $25,000,000 may be obligated 
or expended for the procurement of long-lead components to 
provide the anti-air warfare capabilities described in such para-
graph. 
(3) REPROGRAMMING AND TRANSFERS.—Any reprogramming 
or transfer made to carry out paragraph (1) shall be carried 
out in accordance with established procedures for reprogram-
ming or transfers. 
(b) AEGIS ASHORE CAPABILITY EVALUATION.—Not later than 
120 days after the date of the enactment of this Act, the Secretary 
of Defense and the Chairman of the Joint Chiefs of Staff shall 
jointly submit to the congressional defense committees an evalua-
tion of the ballistic missile and air threat against the continental 
United States and the efficacy (including with respect to cost, 
ideal and optimal deployment locations, and potential deployment 
schedule) of deploying one or more Aegis Ashore sites and Aegis 
10 USC 2431 
note. 
10 USC 2431 
note. 
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130 STAT. 2628 
PUBLIC LAW 114–328—DEC. 23, 2016 
Ashore components for the ballistic and cruise missile defense of 
the continental United States. 
(c) AEGIS ASHORE SITE AND MEDIUM RANGE DISCRIMINATION 
RADAR ON THE PACIFIC MISSILE RANGE FACILITY.— 
(1) LIMITATION.—During fiscal year 2017, the Secretary 
of Defense may not reduce the manning levels or test capability, 
as such levels and capability existed on January 1, 2015, of 
the Aegis Ashore site at the Pacific Missile Range Facility 
in Hawaii, including by putting such site into a ‘‘cold’’ or ‘‘stand 
by’’ status. 
(2) ENVIRONMENTAL IMPACT STATEMENT.— 
(A) Not later than 60 days after the date of the enact-
ment of this Act, the Director of the Missile Defense Agency 
shall notify the congressional defense committees on 
whether the preferred alternative for fielding a medium 
range ballistic missile defense sensor for the defense of 
Hawaii identified by the report under section 1689(b)(2) 
of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 1144) would require 
an update to the environmental impact statement required 
for constructing the Aegis Ashore site at the Pacific Missile 
Range Facility. 
(B) In carrying out the preferred alternative for fielding 
a medium range ballistic missile defense sensor for the 
defense of Hawaii, if the Director determines that an 
updated environmental impact statement, a new environ-
mental impact statement, or another action is required 
or recommended pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. et seq.), the Director shall 
commence such action by not later than 60 days after 
the date on which the Director makes the notification under 
subparagraph (A). 
(3) EVALUATION.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff shall jointly submit 
to the congressional defense committees an evaluation of the 
ballistic missile and air threat against Hawaii (including with 
respect to threats to the Armed Forces and installations located 
in Hawaii) and the efficacy (including with respect to cost 
and potential alternatives) of— 
(A) making the Aegis Ashore site at the Pacific Missile 
Range Facility operational; 
(B) deploying the preferred alternative for fielding a 
medium range ballistic missile defense sensor for the 
defense of Hawaii described in paragraph (2)(A); and 
(C) any other alternative the Secretary and the Chair-
man determine appropriate. 
(d) FORMS.—The evaluations submitted under subsections (b) 
and (c)(3) shall each be submitted in unclassified form, but may 
each include a classified annex. 
SEC. 1686. TECHNICAL AUTHORITY FOR INTEGRATED AIR AND MISSILE 
DEFENSE ACTIVITIES AND PROGRAMS. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—The Director of the Missile Defense 
Agency is the technical authority of the Department of Defense 
for integrated air and missile defense activities and programs, 
10 USC 2431 
note. 
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130 STAT. 2629 
PUBLIC LAW 114–328—DEC. 23, 2016 
including joint engineering and integration efforts for such 
activities and programs, including with respect to defining and 
controlling the interfaces of such activities and programs and 
the allocation of technical requirements for such activities and 
programs. 
(2) DETAILEES.— 
(A) In carrying out the technical authority under para-
graph (1), the Director may seek to have staff detailed 
to the Missile Defense Agency from the Joint Functional 
Component Command for Integrated Missile Defense and 
the Joint Integrated Air and Missile Defense Organization 
in a number the Director determines necessary in accord-
ance with subparagraph (B). 
(B) In detailing staff under subparagraph (A) to carry 
out the technical authority under paragraph (1), the total 
number of staff, including detailees, of the Missile Defense 
Agency who carry out such authority may not exceed the 
number that is twice the number of such staff carrying 
out such authority as of January 1, 2016. 
(b) ASSESSMENTS AND PLANS.— 
(1) BIENNIAL
SUBMISSION.—Not later than January 31, 
2017, and biennially thereafter through 2021, the Director shall 
submit to the congressional defense committees an assessment 
of the state of integration and interoperability of the integrated 
air and missile defense capabilities of the Department of 
Defense. 
(2) ELEMENTS.—Each assessment under paragraph (1) shall 
include the following: 
(A) Identification of any gaps in the integration and 
interoperability of the integrated air and missile defense 
capabilities of the Department. 
(B) A description of the options to improve such 
capabilities and remediate such gaps. 
(C) A plan to carry out such improvements and remedi-
ations, including milestones and costs for such plan. 
(3) FORM.—Each assessment under paragraph (1) shall be 
submitted in classified form unless the Director determines 
that submitting such assessment in unclassified form is useful 
and expedient. 
SEC. 1687. HYPERSONIC DEFENSE CAPABILITY DEVELOPMENT. 
(a) EXECUTIVE AGENT.—The Director of the Missile Defense 
Agency shall serve as the executive agent for the Department 
of Defense for the development of a capability by the United States 
to counter hypersonic boost-glide vehicle capabilities and conven-
tional prompt strike capabilities that may be employed against 
the United States, the allies of the United States, and the deployed 
forces of the United States. 
(b) DUTIES.—In carrying out subsection (a), the Director shall— 
(1) develop architectures for a hypersonic defense capa-
bility, from detecting threats to intercepting such threats, 
that— 
(A) involves systems of the military departments and 
the Defense Agencies; and 
(B) includes both kinetic and nonkinetic options for 
such interception; and 
10 USC 2431 
note. 
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130 STAT. 2630 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) not later than September 30, 2017, establish a program 
of record to develop a hypersonic defense capability. 
(c) REPORTS REQUIRED.—Not later than March 31, 2017— 
(1) the Director shall submit to the congressional defense 
committees a report on the architectures and sensors evaluated 
pursuant to subsection (b); and 
(2) the Chairman of the Joint Chiefs of Staff shall submit 
to the congressional defense committees a report on the military 
capability or capabilities and capability gaps relating to the 
threat posed by hypersonic boost-glide vehicles and maneu-
vering ballistic missiles to the United States, the allies of 
the United States, and the deployed forces of the United States. 
(d) NOTIFICATION OF FUNDING PROCEDURES.—Not later than 
90 days after the date on which the Director submits the report 
under subsection (c)(1), the Director shall notify the congressional 
defense committees with respect to whether the Director intends 
to use established procedures for reprogramming or transfers to 
carry out subsection (a) to conduct activities regarding experimen-
tation, modeling and simulation, or research and development, to 
develop a hypersonic defense capability. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Defense Agencies’’ has the meaning given 
that term in section 101(a)(11) of title 10, United States Code. 
(2) The term ‘‘executive agent’’ has the meaning given 
the term ‘‘DoD Executive Agent’’ in Department of Defense 
Directive 5101.1, or any successor directive relating to the 
responsibilities of an executive agent of the Department of 
Defense. 
(3) The term ‘‘hypersonic defense capability’’ means the 
capability to counter hypersonic boost-glide vehicles and conven-
tional prompt strike ballistic missiles. 
SEC. 1688. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS 
SYSTEM. 
(a) MILESTONE
A APPROVAL
DECISION.—The Secretary of 
Defense shall make a decision regarding Milestone A approval 
(as defined in section 2366(e) of title 10, United States Code) for 
the conventional prompt global strike weapons system not later 
than the earlier of— 
(1) September 30, 2020; or 
(2) the date that is 240 days after the date of the successful 
completion of intermediate range flight 2 of such system. 
(b) LIMITATION
ON AVAILABILITY
OF FUNDS.—Of the funds 
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2017 for research, development, test, and evalua-
tion, Defense-wide, for the conventional prompt global strike 
weapons system, not more than 75 percent may be obligated or 
expended until the date on which the Chairman of the Joint Chiefs 
of Staff, in consultation with the Commander of the United States 
European Command, the Commander of the United States Pacific 
Command, and the Commander of the United States Strategic 
Command, submits to the congressional defense committees a report 
on— 
(1) 
whether 
there 
are 
warfighter 
requirements 
or 
integrated priorities list submitted needs for a limited oper-
ational conventional prompt strike capability; and 
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130 STAT. 2631 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) whether the program plan and schedule proposed by 
the program office in the Office of the Under Secretary of 
Defense for Acquisition, Technology, and Logistics supports 
such requirements and integrated priorities lists submissions. 
SEC. 1689. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF 
GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BAL-
LISTIC MISSILE DEFENSE SYSTEM. 
(a) TESTING REQUIRED.—Except as provided in subsection (c), 
not less frequently than once each fiscal year, the Director of 
the Missile Defense Agency shall administer a flight test of the 
ground-based midcourse defense element of the ballistic missile 
defense system. 
(b) REQUIREMENTS.—The Director shall ensure that each test 
carried out under subsection (a) provides, when possible, for one 
or more of the following: 
(1) The validation of technical improvements made to 
increase system performance and reliability. 
(2) The evaluation of the operational effectiveness of the 
ground-based midcourse defense element of the ballistic missile 
defense system. 
(3) The use of threat-representative targets and critical 
engagement conditions. 
(4) The evaluation of new configurations of interceptors 
before they are fielded. 
(5) The satisfaction of the ‘‘fly before buy’’ acquisition 
approach for new interceptor components or software. 
(6) The evaluation of the interoperability of the ground- 
based midcourse defense element with other elements of the 
ballistic missile defense systems. 
(c) EXCEPTIONS.—The Director may forgo a test under sub-
section (a) in a fiscal year under one or more of the following 
conditions: 
(1) Such a test would jeopardize national security. 
(2) Insufficient time considerations between post-test anal-
ysis and subsequent pre-test design. 
(3) Insufficient funding. 
(4) An interceptor is unavailable. 
(5) A target is unavailable or is insufficiently representative 
of threats. 
(6) The test range or necessary test assets are unavailable. 
(7) Inclement weather. 
(8) Any other condition the Director considers appropriate. 
(d) CERTIFICATION.—Not later than 45 days after forgoing a 
test for a condition or conditions under subsection (c)(8), the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees a certification set-
ting forth the condition or conditions that caused the test to be 
forgone under such subsection. 
(e) REPORT.—Not later than 45 days after forgoing a test for 
any condition specified in subsection (c), the Director shall submit 
to the congressional defense committees a report setting forth the 
rationale for forgoing the test and a plan to restore an intercept 
flight test in the Integrated Master Test Plan of the Missile Defense 
Agency. In the case of a test forgone for a condition or conditions 
under subsection (c)(8), the report required by this subsection is 
in addition to the certification required by subsection (d). 
10 USC 2431 
note. 
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130 STAT. 2632 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1690. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND 
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM 
CODEVELOPMENT AND COPRODUCTION. 
(a) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.— 
(1) AVAILABILITY OF FUNDS.—Of the funds authorized to 
be appropriated by this Act or otherwise made available for 
fiscal year 2017 for procurement, Defense-wide, and available 
for the Missile Defense Agency, not more than $62,000,000 
may be provided to the Government of Israel to procure Tamir 
interceptors for the Iron Dome short-range rocket defense 
system through coproduction of such interceptors in the United 
States by industry of the United States. 
(2) CONDITIONS.— 
(A) AGREEMENT.—Funds described in paragraph (1) 
for the Iron Dome short-range rocket defense program shall 
be available subject to the terms and conditions in the 
Agreement Between the Department of Defense of the 
United States of America and the Ministry of Defense 
of the State of Israel Concerning Iron Dome Defense System 
Procurement, signed on March 5, 2014, subject to an 
amended bilateral international agreement for coproduction 
for Tamir interceptors. In negotiations by the Missile 
Defense Agency and the Missile Defense Organization of 
the Government of Israel regarding such production, the 
goal of the United States is to maximize opportunities 
for coproduction of the Tamir interceptors described in 
paragraph (1) in the United States by industry of the 
United States. 
(B) CERTIFICATION.—Not later than 30 days prior to 
the initial obligation of funds described in paragraph (1), 
the Director of the Missile Defense Agency and the Under 
Secretary of Defense for Acquisition, Technology, and Logis-
tics shall jointly submit to the appropriate congressional 
committees— 
(i) a certification that the amended bilateral inter-
national agreement specified in subparagraph (A) is 
being implemented as provided in such agreement; 
and 
(ii) an assessment detailing any risks relating to 
the implementation of such agreement. 
(b) 
ISRAELI
COOPERATIVE
MISSILE
DEFENSE
PROGRAM 
CODEVELOPMENT AND COPRODUCTION.— 
(1) IN GENERAL.—Subject to paragraph (2), of the funds 
authorized to be appropriated for fiscal year 2017 for procure-
ment, Defense-wide, and available for the Missile Defense 
Agency— 
(A) not more than $150,000,000 may be provided to 
the Government of Israel to procure the David’s Sling 
Weapon System, including for coproduction of parts and 
components in the United States by United States industry; 
and 
(B) not more than $120,000,000 may be provided to 
the Government of Israel for the Arrow 3 Upper Tier Inter-
ceptor Program, including for coproduction of parts and 
components in the United States by United States industry. 
(2) CERTIFICATION.— 
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130 STAT. 2633 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) CRITERIA.—Except as provided by paragraph (3), 
the Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall submit to the appropriate congressional 
committees a certification that— 
(i) the Government of Israel has demonstrated the 
successful completion of the knowledge points, tech-
nical milestones, and production readiness reviews 
required by the research, development, and technology 
agreements for the David’s Sling Weapon System and 
the Arrow 3 Upper Tier Development Program, respec-
tively; 
(ii) funds specified in subparagraphs (A) and (B) 
of paragraph (1) will be provided on the basis of a 
one-for-one cash match made by Israel for such respec-
tive systems or in another matching amount that other-
wise meets best efforts (as mutually agreed to by the 
United States and Israel); 
(iii) the United States has entered into a bilateral 
international agreement with Israel that establishes, 
with respect to the use of such funds— 
(I) in accordance with clause (iv), the terms 
of coproduction of parts and components of such 
respective systems on the basis of the greatest 
practicable coproduction of parts, components, and 
all-up rounds (if appropriate) by United States 
industry and minimizes nonrecurring engineering 
and facilitization expenses to the costs needed for 
coproduction; 
(II) complete transparency on the requirement 
of Israel for the number of interceptors and bat-
teries of such respective systems that will be pro-
cured, including with respect to the procurement 
plans, acquisition strategy, and funding profiles 
of Israel; 
(III) technical milestones for coproduction of 
parts and components and procurement of such 
respective systems; and 
(IV) joint approval processes for third-party 
sales of such respective systems and the compo-
nents of such respective systems; 
(iv) the level of coproduction described in clause 
(iii)(I) for the Arrow 3 Upper Tier Interceptor Program 
and the David’s Sling Weapon System is not less than 
50 percent; and 
(v) of the funds specified in subparagraph (B) of 
paragraph (1), not more than $5,000,000 may be obli-
gated or expended to cover costs related to any delays, 
including delays with respect to exchanging technical 
data or specifications, of the Arrow 3 Upper Tier Inter-
ceptor Program. 
(B) NUMBER.—In carrying out subparagraph (A), the 
Under Secretary may submit— 
(i) one certification covering both the David’s Sling 
Weapon System and the Arrow 3 Upper Tier Inter-
ceptor Program; or 
(ii) separate certifications for each respective 
system. 
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130 STAT. 2634 
PUBLIC LAW 114–328—DEC. 23, 2016 
(C) TIMING.—The Under Secretary shall submit to the 
congressional defense committees the certification under 
subparagraph (A) by not later than 60 days before the 
funds specified in paragraph (1) for the respective system 
covered by the certification are provided to the Government 
of Israel. 
(3) WAIVER.—The Under Secretary may waive the certifi-
cation required by paragraph (2) if the Under Secretary certifies 
to the appropriate congressional committees that the Under 
Secretary has received sufficient data from the Government 
of Israel to demonstrate— 
(A) the funds specified in subparagraphs (A) and (B) 
of paragraph (1) are provided to Israel solely for funding 
the procurement of long-lead components and critical hard-
ware in accordance with a production plan, including a 
funding profile detailing Israeli contributions for produc-
tion, including long-lead production, of either David’s Sling 
Weapon System or the Arrow 3 Upper Tier Interceptor 
Program; 
(B) such long-lead components have successfully com-
pleted knowledge points, technical milestones, and produc-
tion readiness reviews; and 
(C) the long-lead procurement will be conducted in 
a manner that maximizes coproduction in the United States 
without incurring nonrecurring engineering activity or cost 
other than such activity or cost required for suppliers of 
the United States to start or restart production in the 
United States. 
(c) LIMITATION
ON
FUNDING
FOR
DAVID’S
SLING
WEAPON 
SYSTEM.—None of the amounts appropriated or otherwise made 
available pursuant to subsection (a)(1) of section 1679 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1135) that remain available and are unobli-
gated as of the date of the enactment of this Act may be obligated 
or expended until the appropriate congressional committees receive 
the plan required by subsection (d) of such section. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate. 
SEC. 1691. LIMITATIONS ON AVAILABILITY OF FUNDS FOR LOWER TIER 
AIR AND MISSILE DEFENSE CAPABILITY OF THE ARMY. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
lower tier missile defense capability (PE 0604114A) radar replace-
ment, not more than 75 percent may be obligated or expended 
until each of the following occurs: 
(1) The Director of the Missile Defense Agency, in coordina-
tion with the Chief of Staff of the Army, submits to the congres-
sional defense committees a report on the manner in which 
the Director, acting as the technical integrating authority for 
air and missile defense, will ensure that the lower tier air 
and missile defense radar will meet the requirements of the 
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130 STAT. 2635 
PUBLIC LAW 114–328—DEC. 23, 2016 
commanders of the combatant commands for interoperability 
with the ballistic missile defense system and other air and 
missile defense capabilities deployed and planned to be 
deployed by the United States, including the establishment 
of key military requirements for such integrated capability 
and program development milestones. 
(2) The Chairman of the Joint Chiefs of Staff— 
(A) certifies to the congressional defense committees 
that the planned lower tier air and missile defense radar 
of the Army is being designed to fully support the required 
attributes for modularity sought by the commanders of 
the geographic combatant commands, including a descrip-
tion of such required attributes and the key milestones 
that will be used to ensure such modularity is achieved; 
and 
(B) notifies the congressional defense committees of 
any objective requirements not met in the threshold 
requirement for the air and missile defense capability of 
the Army, including an assessment of any resulting capa-
bility gaps to military air and missile defense capability. 
(b) ADDITIONAL LIMITATION.—In addition to the limitation in 
subsection (a), of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for lower 
tier missile defense capability (PE 0604114A) radar replacement, 
not more than 90 percent may be obligated or expended until 
the date on which the Chief of Staff of the Army, in coordination 
with the Secretary of the Army, submits to the congressional defense 
committees a determination regarding— 
(1) whether the technology demonstration and knowledge 
points progression of the technology maturation and risk reduc-
tion phase of the lower tier air and missile defense radar 
acquisition program support a fair, full, and open acquisition 
program that can begin low-rate initial production earlier than 
2021; and 
(2) if such production can begin earlier than 2021, what 
steps the Chief of Staff is taking to achieve such an earlier 
production date. 
(c) NOTIFICATION
ON DELEGATION.—Not later than 30 days 
after the date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall notify 
the congressional defense committees as to whether the Under 
Secretary will delegate to the Secretary of the Army the acquisition 
authority for the lower tier air and missile defense radar program 
of the Army. 
(d) NOTIFICATION ON FUNDING.—Not later than 30 days after 
the completion of the technology demonstration phase of the lower 
tier air and missile defense radar acquisition program, the Secretary 
of the Army shall notify the congressional defense committees 
whether the Secretary could carry out a reprogramming or transfer 
of funds previously authorized to be appropriated for another pur-
pose (in accordance with established procedures for reprogramming 
or transfers) to meaningfully accelerate the acquisition program 
and, if so, how. 
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130 STAT. 2636 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1692. PILOT PROGRAM ON LOSS OF UNCLASSIFIED, CONTROLLED 
TECHNICAL INFORMATION. 
(a) PILOT PROGRAM.—Beginning not later than 90 days after 
the date of the enactment of this Act, the Director of the Missile 
Defense Agency shall carry out a pilot program to implement 
improvements to the data protection options in the programs of 
the Missile Defense Agency (including the contractors of the 
Agency), particularly with respect to unclassified, controlled tech-
nical information and controlled unclassified information. 
(b) PRIORITY.—In carrying out the pilot program under sub-
section (a), the Director shall give priority to implementing data 
protection options that are used by the private sector and have 
been proven successful. 
(c) DURATION.—The Director shall carry out the pilot program 
under subsection (a) for not more than a 5-year period. 
(d) NOTIFICATION.—Not later than 30 days before the date 
on which the Director commences the pilot program under sub-
section (a), the Director shall notify the congressional defense 
committees, the Committee on Oversight and Government Reform 
of the House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate of— 
(1) the data protection options that the Director is consid-
ering to implement under the pilot program and the potential 
costs of such options; and 
(2) such option that is the preferred option of the Director. 
(e) DATA PROTECTION OPTIONS.—In this section, the term ‘‘data 
protection options’’ means actions to improve processes, practices, 
and systems that relate to the safeguarding, hygiene, and data 
protection of information. 
SEC. 1693. PLAN FOR PROCUREMENT OF MEDIUM-RANGE DISCRIMINA-
TION RADAR TO IMPROVE HOMELAND MISSILE DEFENSE. 
(a) PLAN.— 
(1) DEVELOPMENT.—The Director of the Missile Defense 
Agency shall develop a plan to— 
(A) procure a medium-range discrimination radar or 
equivalent sensor for a location the Director determines 
will improve homeland missile defense for the defense of 
Hawaii from the limited ballistic missile threat (including 
accidental or unauthorized launch); and 
(B) field such radar or equivalent sensor by not later 
than December 31, 2021. 
(2) SUBMISSION.—Not later than 60 days after the date 
of the enactment of this Act, the Director shall submit to 
the congressional defense committees the plan developed under 
paragraph (1). 
(b) REQUEST FOR PROPOSALS.—Not later than October 1, 2017, 
the Director shall issue a request for proposals for the medium- 
range discrimination radar or equivalent sensor specified in sub-
section (a)(1)(A). 
SEC. 1694. REVIEW OF MISSILE DEFENSE AGENCY BUDGET SUBMIS-
SIONS FOR GROUND-BASED MIDCOURSE DEFENSE AND 
EVALUATION OF ALTERNATIVE GROUND-BASED INTER-
CEPTOR DEPLOYMENTS. 
(a) BUDGET SUFFICIENCY.— 
10 USC 2431 
note. 
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130 STAT. 2637 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Director of Cost Assessment 
and Program Evaluation shall submit to the congressional 
defense committees a report on the ground-based midcourse 
defense system. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include an evaluation of each of the following: 
(A) The modernization requirements for the ground- 
based midcourse system, including all command and con-
trol, ground systems, sensors and sensor interfaces, 
boosters and kill vehicles, and integration of known future 
systems and components. 
(B) The obsolescence of such systems and components. 
(C) The industrial base requirements relating to the 
ground-based midcourse system, as determined by the 
Director of the Missile Defense Agency. 
(D) The extent to which the estimated levels of annual 
funding included in the most recent budget and the future- 
years defense program submitted under section 221 of title 
10, United States Code, fully fund the requirements under 
subparagraph (A). 
(3) UPDATES.—Not later than 30 days after the date on 
which each budget is submitted through January 31, 2021, 
the Director shall submit to the congressional defense commit-
tees an update to the report under paragraph (1). 
(b) EVALUATION
OF TRANSPORTABLE GROUND-BASED INTER-
CEPTOR.—Not later than 180 days after the date of the enactment 
of this Act, the Director of the Missile Defense Agency shall submit 
to the congressional defense committees a report on transportable 
ground-based interceptors. Such report shall detail the views of 
the Director regarding— 
(1) the cost that is unconstrained by current projected 
budget levels for the Missile Defense Agency (including a 
detailed program development production and deployment cost 
and schedule for the earliest technically possible deployment), 
the associated manning, and the comparative cost (including 
as compared to developing a fixed ground-based interceptor 
site), technical readiness, and feasibility of a transportable 
ground-based interceptor as a means to deploy additional 
ground-based interceptors for the defense of the United States 
and the operational value of a transportable ground-based inter-
ceptor for the defense of the homeland against a limited ballistic 
missile attack, including from accidental or unauthorized bal-
listic missile launch; 
(2) the type and number of flight and or intercept tests 
that would be required to validate the capability and compat-
ibility of a transportable ground-based interceptor in the bal-
listic missile defense system; 
(3) the enabling capabilities, and the cost of such capabili-
ties, to support such a system; 
(4) any safety consideration of a transportable ground- 
based interceptor; and 
(5) other matters that the Director determines pertinent 
to such a system. 
(c) FORM.—The report submitted under subsection (b) shall 
be submitted in unclassified form, but may include a classified 
annex. 
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130 STAT. 2638 
PUBLIC LAW 114–328—DEC. 23, 2016 
(d) DEFINITIONS.—In this section, the terms ‘‘budget’’ and 
‘‘defense budget materials’’ have the meanings given those terms 
in section 231 of title 10, United States Code. 
SEC. 1695. SEMIANNUAL NOTIFICATIONS ON MISSILE DEFENSE TESTS 
AND COSTS. 
(a) NOTIFICATIONS.—Not less than once every 180-day period 
beginning 90 days after the date of the enactment of this Act 
and ending on January 31, 2021, the Director of the Missile Defense 
Agency shall submit to the congressional defense committees a 
notification on— 
(1) the outcome of each planned flight test, including inter-
cept tests, occurring during the period covered by the notifica-
tion; and 
(2) flight tests, including intercept tests, planned to occur 
after the date of the notification. 
(b) ELEMENTS.—Each notification shall include the following: 
(1) With respect to each test described in subsection (a)(1)— 
(A) the cost; 
(B) any changes made to the scope or objectives of 
the test, or future tests, and an explanation for such 
changes; 
(C) in the event of a failure of the test or a decision 
to delay or cancel the test— 
(i) the reasons such test did not succeed or occur; 
(ii) the funds expended on such attempted test; 
and 
(iii) in the case of a test failure or cancelled test 
that is the result of contractor performance, the con-
tractor liability, if appropriate, as compared to the 
cost of such test and potential retest; and 
(D) the plan to conduct a retest, if necessary, and 
an estimate of the cost of such retest. 
(2) With respect to each test described in subsection (a)(2)— 
(A) any changes made to the scope of the test; 
(B) whether the test was to occur earlier but was 
delayed; and 
(C) an explanation for any such changes or delays. 
(3) The status of any open failure review boards or any 
failure review boards completed during the period covered by 
the notification. 
(c) FORM.—Each notification submitted under subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex. 
SEC. 1696. REPORTS ON UNFUNDED PRIORITIES OF THE MISSILE 
DEFENSE AGENCY. 
(a) REPORTS.—Not later than 10 days after the date on which 
the budget of the President for each of fiscal years 2018 and 
2019 is submitted to Congress pursuant to section 1105 of title 
31, United States Code, the Director of the Missile Defense Agency 
shall submit to the Secretary of Defense and the Chairman of 
the Joint Chiefs of Staff, and to the congressional defense commit-
tees, a report on the unfunded priorities of the Missile Defense 
Agency. 
(b) ELEMENTS.— 
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130 STAT. 2639 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Each report under subsection (a) shall 
specify, for each unfunded priority covered by such report, 
the following: 
(A) A summary description of such priority, including 
the objectives to be achieved if such priority is funded 
(whether in whole or in part). 
(B) The additional amount of funds recommended in 
connection with the objectives under subparagraph (A). 
(C) Account information with respect to such priority, 
including the following (as applicable): 
(i) Line Item Number (LIN) for applicable procure-
ment accounts. 
(ii) Program Element (PE) number for applicable 
research, development, test, and evaluation accounts. 
(iii) Sub-activity group (SAG) for applicable oper-
ation and maintenance accounts. 
(2) PRIORITIZATION OF PRIORITIES.—Each report under sub-
section (a) shall present the unfunded priorities covered by 
such report in order of urgency of priority. 
(c) UNFUNDED PRIORITY DEFINED.—In this section, the term 
‘‘unfunded priority’’, in the case of a fiscal year, means a program, 
activity, or mission requirement of the Missile Defense Agency 
that— 
(1) is not funded in the budget of the President for the 
fiscal year as submitted to Congress pursuant to section 1105 
of title 31, United States Code; 
(2) is necessary to fulfill a requirement associated with 
an operational or contingency plan of a combatant command 
or other validated requirement; and 
(3) would have been recommended for funding through 
the budget referred to in paragraph (1) by the Director of 
the Missile Defense Agency in connection with the budget if— 
(A) additional resources had been available for the 
budget to fund the program, activity, or mission require-
ment; or 
(B) the program, activity, or mission requirement has 
emerged since the budget was formulated. 
Subtitle F—Other Matters 
SEC. 1697. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 3 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 130i. Protection of certain facilities and assets from 
unmanned aircraft 
‘‘(a) AUTHORITY.—Notwithstanding any provision of title 18, 
the Secretary of Defense may take, and may authorize the armed 
forces to take, such actions described in subsection (b)(1) that are 
necessary to mitigate the threat (as defined by the Secretary of 
Defense, in consultation with the Secretary of Transportation) that 
an unmanned aircraft system or unmanned aircraft poses to the 
safety or security of a covered facility or asset. 
‘‘(b) ACTIONS DESCRIBED.—(1) The actions described in this 
paragraph are the following: 
10 USC 130i. 
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130 STAT. 2640 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) Detect, identify, monitor, and track the unmanned 
aircraft system or unmanned aircraft, without prior consent, 
including by means of intercept or other access of a wire, 
oral, or electronic communication used to control the unmanned 
aircraft system or unmanned aircraft. 
‘‘(B) Warn the operator of the unmanned aircraft system 
or unmanned aircraft, including by passive or active, and direct 
or indirect physical, electronic, radio, and electromagnetic 
means. 
‘‘(C) Disrupt control of the unmanned aircraft system or 
unmanned aircraft, without prior consent, including by dis-
abling the unmanned aircraft system or unmanned aircraft 
by intercepting, interfering, or causing interference with wire, 
oral, electronic, or radio communications used to control the 
unmanned aircraft system or unmanned aircraft. 
‘‘(D) Seize or exercise control of the unmanned aircraft 
system or unmanned aircraft. 
‘‘(E) Seize or otherwise confiscate the unmanned aircraft 
system or unmanned aircraft. 
‘‘(F) Use reasonable force to disable, damage, or destroy 
the unmanned aircraft system or unmanned aircraft. 
‘‘(2) The Secretary of Defense shall develop the actions described 
in paragraph (1) in coordination with the Secretary of Transpor-
tation. 
‘‘(c) FORFEITURE.—Any unmanned aircraft system or unmanned 
aircraft described in subsection (a) that is seized by the Secretary 
of Defense is subject to forfeiture to the United States. 
‘‘(d) REGULATIONS.—The Secretary of Defense and the Secretary 
of Transportation may prescribe regulations and shall issue guid-
ance in the respective areas of each Secretary to carry out this 
section. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered facility or asset’ means any facility 
or asset that— 
‘‘(A) is identified by the Secretary of Defense for pur-
poses of this section; 
‘‘(B) is located in the United States (including the 
territories and possessions of the United States); and 
‘‘(C) relates to— 
‘‘(i) the nuclear deterrence mission of the Depart-
ment of Defense, including with respect to nuclear 
command and control, integrated tactical warning and 
attack assessment, and continuity of government; 
‘‘(ii) the missile defense mission of the Department; 
or 
‘‘(iii) the national security space mission of the 
Department. 
‘‘(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft 
system’ have the meanings given those terms in section 331 
of the FAA Modernization and Reform Act of 2012 (Public 
Law 112–95; 49 U.S.C. 40101 note).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 130h the following new item: 
‘‘130i. Protection of certain facilities and assets from unmanned aircraft.’’. 
10 USC 121 prec. 
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130 STAT. 2641 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1698. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE 
GLOBAL POSITIONING SYSTEM. 
(a) FEDERAL COMMUNICATIONS COMMISSION CONDITIONS
ON 
COMMERCIAL TERRESTRIAL OPERATIONS.—Part I of title III of the 
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 343. CONDITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS. 
‘‘(a) IN GENERAL.—The Commission shall not permit commercial 
terrestrial operations in the 1525–1559 megahertz band or the 
1626.5–1660.5 megahertz band until the date that is 90 days after 
the Commission resolves concerns of widespread harmful inter-
ference by such operations in such band to covered GPS devices. 
‘‘(b) NOTICE TO CONGRESS.— 
‘‘(1) IN
GENERAL.—At the conclusion of the decision 
regarding whether to permit such operations in such band, 
the Commission shall submit to the congressional committees 
described in paragraph (2) official copies of the documents 
containing the final decision of the Commission. If the decision 
is to permit such operations in such band, such documents 
shall contain or be accompanied by an explanation of how 
the concerns described in subsection (a) have been resolved. 
‘‘(2) 
CONGRESSIONAL
COMMITTEES
DESCRIBED.—The 
congressional committees described in this paragraph are the 
following: 
‘‘(A) The Committee on Energy and Commerce and 
the Committee on Armed Services of the House of Rep-
resentatives. 
‘‘(B) The Committee on Commerce, Science, and 
Transportation and the Committee on Armed Services of 
the Senate. 
‘‘(c) COVERED GPS DEVICE DEFINED.—In this section, the term 
‘covered GPS device’ means a Global Positioning System device 
of the Department of Defense.’’. 
(b) SECRETARY
OF
DEFENSE
REVIEW
OF
HARMFUL
INTER-
FERENCE.— 
(1) REVIEW.—Not later than 90 days after the date of 
the enactment of this Act, and every 90 days thereafter until 
the date referred to in paragraph (3), the Secretary of Defense 
shall conduct a review to— 
(A) assess the ability of covered GPS devices to receive 
signals from Global Positioning System satellites without 
widespread harmful interference; and 
(B) determine if commercial communications services 
are causing or will cause widespread harmful interference 
with covered GPS devices. 
(2) NOTICE TO CONGRESS.— 
(A) NOTICE.—If the Secretary of Defense determines 
during a review under paragraph (1) that commercial 
communications services are causing or will cause wide-
spread harmful interference with covered GPS devices, the 
Secretary shall promptly submit to the congressional 
defense committees notice of such interference. 
(B) CONTENTS.—The notice required under subpara-
graph (A) shall include— 
47 USC 343. 
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130 STAT. 2642 
PUBLIC LAW 114–328—DEC. 23, 2016 
(i) a list and description of the covered GPS devices 
that are being or expected to be interfered with by 
commercial communications services; 
(ii) a description of the source of, and the entity 
causing or expected to cause, the interference with 
such devices; 
(iii) a description of the manner in which such 
source or such entity is causing or expected to cause 
such interference; 
(iv) a description of the magnitude of harm caused 
or expected to be caused by such interference; 
(v) a description of the duration of and the condi-
tions and circumstances under which such interference 
is occurring or expected to occur; 
(vi) a description of the impact of such interference 
on the national security interests of the United States; 
and 
(vii) a description of the plans of the Secretary 
to address, alleviate, or mitigate such interference, 
including the cost of such plans. 
(C) FORM.—The notice required under subparagraph 
(A) shall be submitted in unclassified form, but may include 
a classified annex. 
(3) TERMINATION DATE.—The date referred to in this para-
graph is the earlier of— 
(A) the date that is two years after the date of the 
enactment of this Act; or 
(B) the date on which the Secretary— 
(i) determines that commercial communications 
services are not causing any widespread harmful inter-
ference with covered GPS devices; and 
(ii) submits to the congressional defense commit-
tees notice of the determination made under clause 
(i). 
(c) COVERED GPS DEVICE DEFINED.—In this section, the term 
‘‘covered GPS device’’ means a Global Positioning System device 
of the Department of Defense. 
(d) CONFORMING REPEAL.—Section 911 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1534) is repealed. 
TITLE XVII—GUAM WORLD WAR II 
LOYALTY RECOGNITION ACT 
Sec. 1701. Short title. 
Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam. 
Sec. 1703. Guam World War II Claims Fund. 
Sec. 1704. Payments for Guam World War II claims. 
Sec. 1705. Adjudication. 
Sec. 1706. Grants program to memorialize the occupation of Guam during World 
War II. 
Sec. 1707. Authorization of appropriations. 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘Guam World War II Loyalty 
Recognition Act’’. 
22 USC 1621 
note. 
Guam World 
War II Loyalty 
Recognition Act. 
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130 STAT. 2643 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE 
RESIDENTS OF GUAM. 
(a) RECOGNITION
OF
THE SUFFERING
OF
THE RESIDENTS
OF 
GUAM.—The United States recognizes that, as described by the 
Guam War Claims Review Commission, the residents of Guam, 
on account of their United States nationality, suffered unspeakable 
harm as a result of the occupation of Guam by Imperial Japanese 
military forces during World War II, by being subjected to death, 
rape, severe personal injury, personal injury, forced labor, forced 
march, or internment. 
(b) RECOGNITION
OF
THE LOYALTY
OF
THE RESIDENTS
OF 
GUAM.—The United States forever will be grateful to the residents 
of Guam for their steadfast loyalty to the United States, as dem-
onstrated by the countless acts of courage they performed despite 
the threat of death or great bodily harm they faced at the hands 
of the Imperial Japanese military forces that occupied Guam during 
World War II. 
SEC. 1703. GUAM WORLD WAR II CLAIMS FUND. 
(a) ESTABLISHMENT OF FUND.—The Secretary of the Treasury 
shall establish in the Treasury of the United States a special 
fund (in this title referred to as the ‘‘Claims Fund’’) for the payment 
of claims submitted by compensable Guam victims and survivors 
of compensable Guam decedents in accordance with sections 1704 
and 1705. 
(b) COMPOSITION
OF FUND.—The Claims Fund established 
under subsection (a) shall be composed of amounts deposited into 
the Claims Fund under subsection (c) and any other payments 
made available for the payment of claims under this title. 
(c) PAYMENT OF CERTAIN DUTIES, TAXES, AND FEES COLLECTED 
FROM GUAM DEPOSITED INTO FUND.— 
(1) IN GENERAL.—Notwithstanding section 30 of the Organic 
Act of Guam (48 U.S.C. 1421h), the excess of— 
(A) any amount of duties, taxes, and fees collected 
under such section after fiscal year 2014, over 
(B) the amount of duties, taxes, and fees collected 
under such section during fiscal year 2014, 
shall be deposited into the Claims Fund. 
(2) APPLICATION.—Paragraph (1) shall not apply after the 
date for which the Secretary of the Treasury determines that 
all payments required to be made under section 1704 have 
been made. 
(d) LIMITATION ON PAYMENTS MADE FROM FUND.— 
(1) IN GENERAL.—No payment may be made in a fiscal 
year under section 1704 until funds are deposited into the 
Claims Fund in such fiscal year under subsection (c). 
(2) AMOUNTS.—For each fiscal year in which funds are 
deposited into the Claims Fund under subsection (c), the total 
amount of payments made in a fiscal year under section 1704 
may not exceed the amount of funds available in the Claims 
Fund for such fiscal year. 
(e) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE EXPENSES.— 
The Secretary of the Treasury shall deduct from any amounts 
deposited into the Claims Fund an amount equal to 5 percent 
of such amounts as reimbursement to the Federal Government 
for expenses incurred by the Foreign Claims Settlement Commission 
and by the Department of the Treasury in the administration 
22 USC 1621 
note. 
22 USC 1621 
note. 
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130 STAT. 2644 
PUBLIC LAW 114–328—DEC. 23, 2016 
of this title. The amounts so deducted shall be covered into the 
Treasury as miscellaneous receipts. 
SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 
(a) PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, 
FORCED MARCH, AND INTERNMENT.—After the Secretary of the 
Treasury receives the certification from the Chairman of the Foreign 
Claims 
Settlement 
Commission 
as 
required 
under 
section 
1705(b)(8), the Secretary of the Treasury shall make payments, 
subject to the availably of appropriations, to compensable Guam 
victims and survivors of a compensable Guam decedents as follows: 
(1) COMPENSABLE GUAM VICTIM.—Before making any pay-
ments under paragraph (2), the Secretary shall make payments 
to compensable Guam victims as follows: 
(A) In the case of a victim who has suffered an injury 
described in subsection (c)(2)(A), $15,000. 
(B) In the case of a victim who is not described in 
subparagraph (A), but who has suffered an injury described 
in subsection (c)(2)(B), $12,000. 
(C) In the case of a victim who is not described in 
subparagraph (A) or (B), but who has suffered an injury 
described in subsection (c)(2)(C), $10,000. 
(2) SURVIVORS OF COMPENSABLE GUAM DECEDENTS.—In the 
case of a compensable Guam decedent, the Secretary shall 
pay $25,000 for distribution to survivors of the decedent in 
accordance with subsection (b). The Secretary shall make pay-
ments under this paragraph only after all payments are made 
under paragraph (1). 
(b) DISTRIBUTION OF SURVIVOR PAYMENTS.—A payment made 
under subsection (a)(2) to the survivors of a compensable Guam 
decedent shall be distributed as follows: 
(1) In the case of a decedent whose spouse is living as 
of the date of the enactment of this Act, but who had no 
living children as of such date, the payment shall be made 
to such spouse. 
(2) In the case of a decedent whose spouse is living as 
of the date of the enactment of this Act and who had one 
or more living children as of such date, 50 percent of the 
payment shall be made to the spouse and 50 percent shall 
be made to such children, to be divided among such children 
to the greatest extent possible into equal shares. 
(3) In the case of a decedent whose spouse is not living 
as of the date of the enactment of this Act and who had 
one or more living children as of such date, the payment shall 
be made to such children, to be divided among such children 
to the greatest extent possible into equal shares. 
(4) In the case of a decedent whose spouse is not living 
as of the date of the enactment of this Act and who had 
no living children as of such date, but who— 
(A) had a parent who is living as of such date, the 
payment shall be made to the parent; or 
(B) had two parents who are living as of such date, 
the payment shall be divided equally between the parents. 
(5) In the case of a decedent whose spouse is not living 
as of the date of the enactment of this Act, who had no living 
children as of such date, and who had no parents who are 
living as of such date, no payment shall be made. 
22 USC 1621 
note. 
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130 STAT. 2645 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) DEFINITIONS.—For purposes of this title: 
(1) COMPENSABLE GUAM DECEDENT.—The term ‘‘compen-
sable Guam decedent’’ means an individual determined under 
section 1705 to have been a resident of Guam who died as 
a result of the attack and occupation of Guam by Imperial 
Japanese military forces during World War II, or incident to 
the liberation of Guam by United States military forces, and 
whose death would have been compensable under the Guam 
Meritorious Claims Act of 1945 (Public Law 79–224) if a timely 
claim had been filed under the terms of such Act. 
(2) COMPENSABLE GUAM VICTIM.—The term ‘‘compensable 
Guam victim’’ means an individual who is not deceased as 
of the date of the enactment of this Act and who is determined 
under section 1705 to have suffered, as a result of the attack 
and occupation of Guam by Imperial Japanese military forces 
during World War II, or incident to the liberation of Guam 
by United States military forces, any of the following: 
(A) Rape or severe personal injury (such as loss of 
a limb, dismemberment, or paralysis). 
(B) Forced labor or a personal injury not under 
subparagraph (A) (such as disfigurement, scarring, or 
burns). 
(C) Forced march, internment, or hiding to evade 
internment. 
(3) DEFINITIONS OF SEVERE PERSONAL INJURIES AND PER-
SONAL INJURIES.—Not later than 180 days after the date of 
the enactment of this Act, the Foreign Claims Settlement 
Commission shall promulgate regulations to specify the injuries 
that constitute a severe personal injury or a personal injury 
for purposes of subparagraphs (A) and (B), respectively, of 
paragraph (2). 
SEC. 1705. ADJUDICATION. 
(a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION.— 
(1) IN GENERAL.—The Foreign Claims Settlement Commis-
sion shall adjudicate claims and determine the eligibility of 
individuals for payments under section 1704. 
(2) RULES
AND
REGULATIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Chairman 
of the Foreign Claims Settlement Commission shall publish 
in the Federal Register such rules and regulations as may 
be necessary to enable the Commission to carry out the func-
tions of the Commission under this title. 
(b) CLAIMS SUBMITTED FOR PAYMENTS.— 
(1) SUBMITTAL OF CLAIM.—For purposes of subsection (a)(1) 
and subject to paragraph (2), the Foreign Claims Settlement 
Commission may not determine an individual is eligible for 
a payment under section 1704 unless the individual submits 
to the Commission a claim in such manner and form and 
containing such information as the Commission specifies. 
(2) FILING PERIOD FOR CLAIMS AND NOTICE.— 
(A) FILING PERIOD.—An individual filing a claim for 
a payment under section 1704 shall file such claim not 
later than one year after the date on which the Foreign 
Claims Settlement Commission publishes the notice 
described in subparagraph (B). 
22 USC 1621 
note. 
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130 STAT. 2646 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) NOTICE
OF
FILING
PERIOD.—Not later than 180 
days after the date of the enactment of this Act, the Foreign 
Claims Settlement Commission shall publish a notice of 
the deadline for filing a claim described in subparagraph 
(A)— 
(i) in the Federal Register; and 
(ii) in newspaper, radio, and television media in 
Guam. 
(3) ADJUDICATORY DECISIONS.—The decision of the Foreign 
Claims Settlement Commission on each claim filed under this 
title shall— 
(A) be by majority vote; 
(B) be in writing; 
(C) state the reasons for the approval or denial of 
the claim; and 
(D) if approved, state the amount of the payment 
awarded and the distribution, if any, to be made of the 
payment. 
(4) DEDUCTIONS IN PAYMENT.—The Foreign Claims Settle-
ment Commission shall deduct, from a payment made to a 
compensable Guam victim or survivors of a compensable Guam 
decedent under this section, amounts paid to such victim or 
survivors under the Guam Meritorious Claims Act of 1945 
(Public Law 79–224) before the date of the enactment of this 
Act. 
(5) INTEREST.—No interest shall be paid on payments made 
by the Foreign Claims Settlement Commission under section 
1704. 
(6) LIMITED COMPENSATION FOR PROVISION OF REPRESENTA-
TIONAL SERVICES.— 
(A) LIMIT ON COMPENSATION.—Any agreement under 
which an individual who provided representational services 
to an individual who filed a claim for a payment under 
this title that provides for compensation to the individual 
who provided such services in an amount that is more 
than one percent of the total amount of such payment 
shall be unlawful and void. 
(B) PENALTIES.—Whoever demands or receives any 
compensation in excess of the amount allowed under 
subparagraph (A) shall be fined not more than $5,000 
or imprisoned not more than one year, or both. 
(7) APPEALS
AND
FINALITY.—Objections and appeals of 
decisions of the Foreign Claims Settlement Commission shall 
be to the Commission, and upon rehearing, the decision in 
each claim shall be final, and not subject to further review 
by any court or agency. 
(8) CERTIFICATIONS
FOR
PAYMENT.—After a decision 
approving a claim becomes final, the Chairman of the Foreign 
Claims Settlement Commission shall certify such decision to 
the Secretary of the Treasury for authorization of a payment 
under section 1704. 
(9) TREATMENT
OF
AFFIDAVITS.—For purposes of section 
1704 and subject to paragraph (2), the Foreign Claims Settle-
ment Commission shall treat a claim that is accompanied by 
an affidavit of an individual that attests to all of the material 
facts required for establishing the eligibility of such individual 
for payment under such section as establishing a prima facie 
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130 STAT. 2647 
PUBLIC LAW 114–328—DEC. 23, 2016 
case of the eligibility of the individual for such payment without 
the need for further documentation, except as the Commission 
may otherwise require. Such material facts shall include, with 
respect to a claim for a payment made under section 1704(a), 
a detailed description of the injury or other circumstance sup-
porting the claim involved, including the level of payment 
sought. 
(10) RELEASE OF RELATED CLAIMS.—Acceptance of a pay-
ment under section 1704 by an individual for a claim related 
to a compensable Guam decedent or a compensable Guam 
victim shall be in full satisfaction of all claims related to 
such decedent or victim, respectively, arising under the Guam 
Meritorious Claims Act of 1945 (Public Law 79–224), the imple-
menting regulations issued by the United States Navy pursuant 
to such Act (Public Law 79–224), or this title. 
SEC. 1706. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF 
GUAM DURING WORLD WAR II. 
(a) ESTABLISHMENT.—Subject to subsection (b), the Secretary 
of the Interior shall establish a grant program under which the 
Secretary shall award grants for research, educational, and media 
activities for purposes of appropriately illuminating and interpreting 
the causes and circumstances of the occupation of Guam during 
World War II and other similar occupations during the war that— 
(1) memorialize the events surrounding such occupation; 
or 
(2) honor the loyalty of the people of Guam during such 
occupation. 
(b) ELIGIBILITY.—The Secretary of the Interior may not award 
a grant under subsection (a) unless the person seeking the grant 
submits an application to the Secretary for such grant, in such 
time, manner, and form and containing such information as the 
Secretary specifies. 
SEC. 1707. AUTHORIZATION OF APPROPRIATIONS. 
(a) GUAM WORLD WAR II CLAIMS PAYMENTS AND ADJUDICA-
TION.—For the purposes of carrying out sections 1704 and 1705, 
there is authorized to be appropriated for any fiscal year beginning 
after the date of enactment of this Act, an amount equal to the 
amount deposited into the Claims Fund in a fiscal year under 
section 1703. Not more than 5 percent of funds make available 
under this subsection shall be used for administrative costs. 
Amounts appropriated under this section may remain available 
until expended. 
(b) GUAM WORLD WAR II GRANTS PROGRAM.—For purposes 
of carrying out section 1706, there are authorized to be appropriated 
$5,000,000 for each fiscal year beginning after the date of the 
enactment of this Act. 
TITLE XVIII—MATTERS RELATING TO 
SMALL BUSINESS PROCUREMENT 
Subtitle A—Improving Transparency and Clarity for Small Businesses 
Sec. 1801. Plain language rewrite of requirements for small business procurements. 
Sec. 1802. Transparency in small business goals. 
22 USC 1621 
note. 
22 USC 1621 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle B—Clarifying the Roles of Small Business Advocates 
Sec. 1811. Scope of review by procurement center representatives. 
Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization. 
Sec. 1813. Improving contractor compliance. 
Sec. 1814. Improving education on small business regulations. 
Subtitle C—Strengthening Opportunities for Competition in Subcontracting 
Sec. 1821. Good faith in subcontracting. 
Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to ob-
tain past performance ratings. 
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of De-
fense. 
Subtitle D—Miscellaneous Provisions 
Sec. 1831. Improvements to size standards for small agricultural producers. 
Sec. 1832. Uniformity in service-disabled veteran definitions. 
Sec. 1833. Office of Hearings and Appeals. 
Sec. 1834. Extension of SBIR and STTR programs. 
Sec. 1835. Issuance of guidance on small business matters. 
Subtitle E—Improving Cyber Preparedness for Small Businesses 
Sec. 1841. Small Business Development Center Cyber Strategy and outreach. 
Sec. 1842. Role of small business development centers in cybersecurity and pre-
paredness. 
Sec. 1843. Additional cybersecurity assistance for small business development cen-
ters. 
Sec. 1844. Prohibition on additional funds. 
Subtitle A—Improving Transparency and 
Clarity for Small Businesses 
SEC. 1801. PLAIN LANGUAGE REWRITE OF REQUIREMENTS FOR SMALL 
BUSINESS PROCUREMENTS. 
Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) 
is amended to read as follows: 
‘‘(a) SMALL BUSINESS PROCUREMENTS.— 
‘‘(1) IN GENERAL.—For purposes of this Act, small business 
concerns shall receive any award or contract if such award 
or contract is, in the determination of the Administrator and 
the contracting agency, in the interest of— 
‘‘(A) maintaining or mobilizing the full productive 
capacity of the United States; 
‘‘(B) war or national defense programs; or 
‘‘(C) assuring that a fair proportion of the total pur-
chase and contracts for goods and services of the Govern-
ment in each industry category (as defined under para-
graph (2)) are awarded to small business concerns. 
‘‘(2) INDUSTRY CATEGORY DEFINED.— 
‘‘(A) IN
GENERAL.—In this subsection, the term 
‘industry category’ means a discrete group of similar goods 
and services, as determined by the Administrator in accord-
ance with the North American Industry Classification 
System codes used to establish small business size stand-
ards, except that the Administrator shall limit an industry 
category to a greater extent than provided under the North 
American Industry Classification System codes if the 
Administrator receives evidence indicating that further seg-
mentation of the industry category is warranted— 
‘‘(i) due to special capital equipment needs; 
‘‘(ii) due to special labor requirements; 
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130 STAT. 2649 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(iii) due to special geographic requirements, 
except as provided in subparagraph (B); 
‘‘(iv) due to unique Federal buying patterns or 
requirements; or 
‘‘(v) to recognize a new industry. 
‘‘(B) EXCEPTION FOR GEOGRAPHIC REQUIREMENTS.—The 
Administrator may not further segment an industry cat-
egory based on geographic requirements unless— 
‘‘(i) the Government typically designates the 
geographic area where work for contracts for goods 
or services is to be performed; 
‘‘(ii) Government purchases comprise the major 
portion of the entire domestic market for such goods 
or services; and 
‘‘(iii) it is unreasonable to expect competition from 
business concerns located outside of the general 
geographic area due to the fixed location of facilities, 
high mobilization costs, or similar economic factors. 
‘‘(3) DETERMINATIONS WITH RESPECT TO AWARDS OR CON-
TRACTS.—Determinations made pursuant to paragraph (1) may 
be made for individual awards or contracts, any part of an 
award or contract or task order, or for classes of awards or 
contracts or task orders. 
‘‘(4) INCREASING PRIME CONTRACTING OPPORTUNITIES FOR 
SMALL BUSINESS CONCERNS.— 
‘‘(A) DESCRIPTION
OF
COVERED
PROPOSED
PROCURE-
MENTS.—The requirements of this paragraph shall apply 
to a proposed procurement that includes in its statement 
of work goods or services currently being supplied or per-
formed by a small business concern and, as determined 
by the Administrator— 
‘‘(i) is in a quantity or of an estimated dollar value 
which makes the participation of a small business con-
cern as a prime contractor unlikely; 
‘‘(ii) in the case of a proposed procurement for 
construction, seeks to bundle or consolidate discrete 
construction projects; or 
‘‘(iii) is a solicitation that involves an unnecessary 
or unjustified bundling of contract requirements. 
‘‘(B) NOTICE
TO
PROCUREMENT
CENTER
REPRESENTA-
TIVES.—With respect to proposed procurements described 
in subparagraph (A), at least 30 days before issuing a 
solicitation and concurrent with other processing steps 
required before issuing the solicitation, the contracting 
agency shall provide a copy of the proposed procurement 
to the procurement center representative of the contracting 
agency (as described in subsection (l)) along with a state-
ment explaining— 
‘‘(i) why the proposed procurement cannot be 
divided into reasonably small lots (not less than eco-
nomic production runs) to permit offers on quantities 
less than the total requirement; 
‘‘(ii) why delivery schedules cannot be established 
on a realistic basis that will encourage the participation 
of small business concerns in a manner consistent with 
the actual requirements of the Government; 
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130 STAT. 2650 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(iii) why the proposed procurement cannot be 
offered to increase the likelihood of the participation 
of small business concerns; 
‘‘(iv) in the case of a proposed procurement for 
construction, why the proposed procurement cannot 
be offered as separate discrete projects; or 
‘‘(v) why the contracting agency has determined 
that the bundling of contract requirements is necessary 
and justified. 
‘‘(C) ALTERNATIVES TO INCREASE PRIME CONTRACTING 
OPPORTUNITIES
FOR
SMALL
BUSINESS
CONCERNS.—If the 
procurement center representative believes that the pro-
posed procurement will make the participation of small 
business concerns as prime contractors unlikely, the 
procurement center representative, within 15 days after 
receiving the statement described in subparagraph (B), 
shall recommend to the contracting agency alternative 
procurement methods for increasing prime contracting 
opportunities for small business concerns. 
‘‘(D) FAILURE TO AGREE ON AN ALTERNATIVE PROCURE-
MENT METHOD.—If the procurement center representative 
and the contracting agency fail to agree on an alternative 
procurement method, the Administrator shall submit the 
matter to the head of the appropriate department or agency 
for a determination. 
‘‘(5) CONTRACTS
FOR
SALE
OF
GOVERNMENT
PROPERTY.— 
With respect to a contract for the sale of Government property, 
small business concerns shall receive any such contract if, 
in the determination of the Administrator and the disposal 
agency, the award of such contract is in the interest of assuring 
that a fair proportion of the total sales of Government property 
be made to small business concerns. 
‘‘(6) SALE OF ELECTRICAL POWER OR OTHER PROPERTY.— 
Nothing in this subsection shall be construed to change any 
preferences or priorities established by law with respect to 
the sale of electrical power or other property by the Federal 
Government. 
‘‘(7) COSTS EXCEEDING FAIR MARKET PRICE.—A contract may 
not be awarded under this subsection if the cost of the contract 
to the awarding agency exceeds a fair market price.’’. 
SEC. 1802. TRANSPARENCY IN SMALL BUSINESS GOALS. 
Section 15(h)(3) of the Small Business Act (15 U.S.C. 644(h)(3)) 
is amended to read as follows: 
‘‘(3) PROCUREMENT DATA.— 
‘‘(A) FEDERAL PROCUREMENT DATA SYSTEM.— 
‘‘(i) IN GENERAL.—To assist in the implementation 
of this section, the Administrator shall have access 
to information collected through the Federal Procure-
ment Data System, Federal Subcontracting Reporting 
System, or any new or successor system. 
‘‘(ii) GSA REPORT.—On the date that the Adminis-
trator makes available the report required under para-
graph (2), the Administrator of the General Services 
Administration shall submit to the President and Con-
gress, and shall make available on a public website, 
a report in the same form and manner, and including 
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130 STAT. 2651 
PUBLIC LAW 114–328—DEC. 23, 2016 
the same information, as the report required under 
paragraph (2). The report shall include all procure-
ments made for the period covered by the report and 
may not exclude any contract awarded. 
‘‘(B) AGENCY PROCUREMENT DATA SOURCES.—To assist 
in the implementation of this section, the head of each 
contracting agency shall provide, upon request of the 
Administrator, procurement information collected through 
agency data collection sources in existence at the time 
of the request. Contracting agencies shall not be required 
to establish new data collection systems to provide such 
data.’’. 
Subtitle B—Clarifying the Roles of Small 
Business Advocates 
SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER REPRESENT-
ATIVES. 
(a) Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) 
is amended by adding at the end the following new paragraph: 
‘‘(9) SCOPE OF REVIEW.—The Administrator— 
‘‘(A) may not limit the scope of review by the procure-
ment center representative for any solicitation of a contract 
or task order without regard to whether the contract or 
task order or part of the contract or task order is set 
aside for small business concerns, whether 1 or more con-
tracts or task order awards are reserved for small business 
concerns under a multiple award contract, or whether or 
not the solicitation would result in a bundled or consoli-
dated contract (as defined in subsection (s)) or a bundled 
or consolidated task order; and 
‘‘(B) shall, unless the contracting agency requests a 
review, limit the scope of review by the procurement center 
representative for any solicitation of a contract or task 
order if such solicitation is awarded by or for the Depart-
ment of Defense and— 
‘‘(i) is conducted pursuant to section 22 of the 
Arms Export Control Act (22 U.S.C. 2762); 
‘‘(ii) is a humanitarian operation as defined in 
section 401(e) of title 10, United States Code; 
‘‘(iii) is for a contingency operation, as defined 
in section 101(a)(13) of title 10, United States Code; 
‘‘(iv) is to be awarded pursuant to an agreement 
with the government of a foreign country in which 
Armed Forces of the United States are deployed; or 
‘‘(v) both the place of award and the place of 
performance are outside of the United States and its 
territories.’’. 
(b) Section 15(g)(2)(B) of the Small Business Act (15 U.S.C. 
644(g)(2)(B) is amended by inserting after the period at the end 
the following new sentence: ‘‘Contracts excluded from review by 
procurement center representatives pursuant to subsection (l)(9)(B) 
shall not be considered when establishing these goals.’’. 
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130 STAT. 2652 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 1812. DUTIES OF THE OFFICE OF SMALL AND DISADVANTAGED 
BUSINESS UTILIZATION. 
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) 
is amended— 
(1) by striking ‘‘section 8, 15 or 44’’ and inserting ‘‘section 
8, 15, 31, 36, or 44’’; 
(2) by striking ‘‘sections 8 and 15’’ each place such term 
appears and inserting ‘‘sections 8, 15, 31, 36, and 44’’; 
(3) in paragraph (10), by striking ‘‘section 8(a)’’ and 
inserting ‘‘section 8, 15, 31, or 36’’; 
(4) in paragraph (17)(C), by striking the period at the 
end and inserting a semicolon; 
(5) by inserting after paragraph (17) the following new 
paragraph: 
‘‘(18) shall review summary data provided by purchase 
card issuers of purchases made by the agency greater than 
the micro-purchase threshold (as defined under section 1902 
of title 41, United Stated Code) and less than the simplified 
acquisition threshold to ensure that the purchases have been 
made in compliance with the provisions of this Act and have 
been properly recorded in the Federal Procurement Data 
System, if the method of payment is a purchase card issued 
by the Department of Defense pursuant to section 2784 of 
title 10, United States Code, or by the head of an executive 
agency pursuant to section 1909 of title 41, United States 
Code;’’; and 
(6) in paragraph (16)— 
(A) in subparagraph (B), by striking ‘‘and’’ at the end; 
and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(D) any failure of the agency to comply with section 
8, 15, 31, or 36;’’. 
SEC. 1813. IMPROVING CONTRACTOR COMPLIANCE. 
(a) REQUIREMENTS FOR THE OFFICE OF SMALL AND DISADVAN-
TAGED BUSINESS UTILIZATION.—Section 15(k) of the Small Business 
Act (15 U.S.C. 644(k)(8)), as amended by this Act, is further 
amended by inserting after paragraph (18) (as inserted by section 
1812 of this Act) the following new paragraph: 
‘‘(19) shall provide assistance to a small business concern 
awarded a contract or subcontract under this Act or under 
title 10 or title 41, United States Code, in finding resources 
for education and training on compliance with contracting regu-
lations (including the Federal Acquisition Regulation) after 
award of such a contract or subcontract; and’’. 
(b) REQUIREMENTS UNDER THE MENTOR-PROTEGE PROGRAM OF 
THE DEPARTMENT OF DEFENSE.—Section 831(e)(1) of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101– 
510; 104 Stat. 1607; 10 U.S.C. 2302 note) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at the end; 
(2) in subparagraph (C), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) the assistance the mentor firm will provide to 
the protege firm in understanding contract regulations of 
the Federal Government and the Department of Defense 
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130 STAT. 2653 
PUBLIC LAW 114–328—DEC. 23, 2016 
(including the Federal Acquisition Regulation and the 
Defense Federal Acquisition Regulation Supplement) after 
award of a subcontract under this section, if applicable.’’. 
(c) RESOURCES FOR SMALL BUSINESS CONCERNS.—Section 15 
of the Small Business Act (15 U.S.C. 644) is amended by adding 
at the end the following new subsection: 
‘‘(u) POST-AWARD COMPLIANCE RESOURCES.—The Administrator 
shall provide to small business development centers and entities 
participating in the Procurement Technical Assistance Cooperative 
Agreement Program under chapter 142 of title 10, United States 
Code, and shall make available on the website of the Administra-
tion, a list of resources for small business concerns seeking edu-
cation and assistance on compliance with contracting regulations 
(including the Federal Acquisition Regulation) after award of a 
contract or subcontract.’’. 
(d) REQUIREMENTS
FOR PROCUREMENT CENTER REPRESENTA-
TIVES.—Section 15(l)(2) of the Small Business Act (15 U.S.C. 
644(l)(2)) is amended— 
(1) by redesignating subparagraph (I) as subparagraph (J); 
(2) in subparagraph (H), by striking ‘‘and’’ at the end; 
and 
(3) by inserting after subparagraph (H) the following new 
subparagraph: 
‘‘(I) assist small business concerns with finding 
resources for education and training on compliance with 
contracting regulations (including the Federal Acquisition 
Regulation) after award of a contract or subcontract; and’’. 
(e) REQUIREMENTS UNDER THE MENTOR-PROTEGE PROGRAM OF 
THE SMALL BUSINESS ADMINISTRATION.—Section 45(b)(3) of the 
Small Business Act (15 U.S.C. 657r(b)(3)) is amended by adding 
at the end the following new subparagraph: 
‘‘(K) The types of assistance provided by a mentor 
to assist with compliance with the requirements of con-
tracting with the Federal Government after award of a 
contract or subcontract under this section.’’. 
SEC. 1814. IMPROVING EDUCATION ON SMALL BUSINESS REGULA-
TIONS. 
(a) REGULATORY CHANGES AND TRAINING MATERIALS.—Section 
15 of the Small Business Act (15 U.S.C. 644), as amended by 
section 1813, is further amended by adding at the end the following 
new subsection: 
‘‘(v) REGULATORY CHANGES AND TRAINING MATERIALS.—Not less 
than annually, the Administrator shall provide to the Defense 
Acquisition University (established under section 1746 of title 10, 
United States Code), the Federal Acquisition Institute (established 
under section 1201 of title 41, United States Code), the individual 
responsible for mandatory training and education of the acquisition 
workforce of each agency (described under section 1703(f)(1)(C) of 
title 41, United States Code), small business development centers, 
and entities participating in the Procurement Technical Assistance 
Cooperative Agreement Program under chapter 142 of title 10, 
United States Code— 
‘‘(1) a list of all changes made in the prior year to regula-
tions promulgated— 
‘‘(A) by the Administrator that affect Federal acquisi-
tion; and 
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130 STAT. 2654 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) by the Federal Acquisition Council that implement 
amendments to this Act; and 
‘‘(2) any materials the Administrator has developed that 
explain, train, or assist Federal agencies or departments or 
small business concerns with compliance with the regulations 
described in paragraph (1).’’. 
(b) TRAINING TO BE UPDATED.—After receipt of information 
from the Administrator of the Small Business Administration pursu-
ant to section 15(v) of the Small Business Act, the Defense Acquisi-
tion University (established under section 1746 of title 10, United 
States Code) and the Federal Acquisition Institute (established 
under section 1201 of title 41, United States Code) shall periodically 
update the training provided to the acquisition workforce to incor-
porate such information. 
Subtitle C—Strengthening Opportunities 
for Competition in Subcontracting 
SEC. 1821. GOOD FAITH IN SUBCONTRACTING. 
(a) TRANSPARENCY IN SUBCONTRACTING GOALS.—Section 8(d)(9) 
of the Small Business Act (15 U.S.C. 637(d)(9)) is amended— 
(1) by striking ‘‘(9) The failure’’ and inserting the following: 
‘‘(9) MATERIAL BREACH.—The failure’’; 
(2) in subparagraph (A), by striking ‘‘or’’ at the end; 
(3) in subparagraph (B), by inserting ‘‘or’’ at the end; 
(4) by inserting after subparagraph (B) the following new 
subparagraph: 
‘‘(C) assurances provided under paragraph (6)(E),’’; and 
(5) by moving the margins of subparagraphs (A) and (B), 
and the matter after subparagraph (C) (as inserted by para-
graph (4)), 2 ems to the right. 
(b) REVIEW OF SUBCONTRACTING PLANS.—Section 15(k) of the 
Small Business Act (15 U.S.C. 644(k)) as amended by this Act, 
is further amended by inserting after paragraph (19) (as inserted 
by section 1813 of this Act) the following new paragraph: 
‘‘(20) shall review all subcontracting plans required by para-
graph (4) or (5) of section 8(d) to ensure that the plan provides 
maximum practicable opportunity for small business concerns 
to participate in the performance of the contract to which 
the plan applies.’’. 
(c) GOOD FAITH COMPLIANCE.—Not later than 270 days after 
the date of enactment of this title, the Administrator of the Small 
Business Administration shall provide examples of activities that 
would be considered a failure to make a good faith effort to comply 
with the requirements imposed on an entity (other than a small 
business concern as defined under section 3 of the Small Business 
Act (15 U.S.C. 632)) that is awarded a prime contract containing 
the clauses required under paragraph (4) or (5) of section 8(d) 
of the Small Business Act (15 U.S.C. 637(d)). 
SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES FOR QUALI-
FIED SUBCONTRACTORS TO OBTAIN PAST PERFORMANCE 
RATINGS. 
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is 
amended by adding at the end the following new paragraph: 
15 USC 637 note. 
15 USC 644 note. 
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130 STAT. 2655 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(17) PILOT PROGRAM PROVIDING PAST PERFORMANCE RATINGS 
FOR OTHER SMALL BUSINESS SUBCONTRACTORS.— 
‘‘(A) ESTABLISHMENT.—The Administrator shall establish 
a pilot program for a small business concern without a past 
performance rating as a prime contractor performing as a first 
tier subcontractor for a covered contract (as defined in para-
graph 13(A)) to request a past performance rating in the system 
used by the Federal Government to monitor or record contractor 
past performance. 
‘‘(B) APPLICATION.—A small business concern described in 
subparagraph (A) shall submit an application to the appropriate 
official for a past performance rating no later than 270 days 
after the small business concern completed the work for which 
it seeks a past performance rating or 180 days after the prime 
contractor completes work on the covered contract, whichever 
is earlier. Such application shall include written evidence of 
the past performance factors for which the small business con-
cern seeks a rating and a suggested rating. 
‘‘(C) DETERMINATION.—The appropriate official shall submit 
the application from the small business concern to the Office 
of Small and Disadvantaged Business Utilization for the cov-
ered contract and to the prime contractor for review. The Office 
of Small and Disadvantaged Business Utilization and the prime 
contractor shall, not later than 30 days after receipt of the 
application, submit to the appropriate official a response 
regarding the application. 
‘‘(i) AGREEMENT
ON
RATING.—If the Office of Small 
and Disadvantaged Business Utilization and the prime con-
tractor agree on a past performance rating, or if either 
the Office of Small and Disadvantaged Business Utilization 
or the prime contractor fail to respond and the responding 
person agrees with the rating of the applicant small busi-
ness concern, the appropriate official shall enter the agreed- 
upon past performance rating in the system described in 
subparagraph (A). 
‘‘(ii) DISAGREEMENT ON RATING.—If the Office of Small 
and Disadvantaged Business Utilization and the prime con-
tractor fail to respond within 30 days or if they disagree 
about the rating, or if either the Office of Small and Dis-
advantaged Business Utilization or the prime contractor 
fail to respond and the responding person disagrees with 
the rating of the applicant small business concern, the 
Office of Small and Disadvantaged Business Utilization 
or the prime contractor shall submit a notice contesting 
the application to the appropriate official. The appropriate 
official shall follow the requirements of subparagraph (D). 
‘‘(D) PROCEDURE FOR RATING.—Not later than 14 calendar 
days after receipt of a notice under subparagraph (C)(ii), the 
appropriate official shall submit such notice to the applicant 
small business concern. Such concern may submit comments, 
rebuttals, or additional information relating to the past 
performance of such concern not later 14 calendar days after 
receipt of such notice. The appropriate official shall enter into 
the system described in subparagraph (A) a rating that is 
neither favorable nor unfavorable along with the initial applica-
tion from such concern, any responses of the Office of Small 
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130 STAT. 2656 
PUBLIC LAW 114–328—DEC. 23, 2016 
and Disadvantaged Business Utilization and the prime con-
tractor, and any additional information provided by such con-
cern. A copy of the information submitted shall be provided 
to the contracting officer (or designee of such officer) for the 
covered contract. 
‘‘(E) USE OF INFORMATION.—A small business subcontractor 
may use a past performance rating given under this paragraph 
to establish its past performance for a prime contract. 
‘‘(F) DURATION.—The pilot program established under this 
paragraph shall terminate 3 years after the date on which 
the first applicant small business concern receives a past 
performance rating for performance as a first tier subcontractor. 
‘‘(G) REPORT.—The Comptroller General of the United 
States shall begin an assessment of the pilot program 1 year 
after the establishment of such program. Not later than 6 
months after beginning such assessment, the Comptroller Gen-
eral shall submit a report to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on 
Small Business of the House of Representatives, which shall 
include— 
‘‘(i) the number of small business concerns that have 
received past performance ratings under the pilot program; 
‘‘(ii) the number of applications in which the con-
tracting officer (or designee) or the prime contractor con-
tested the application of the small business concern; 
‘‘(iii) any suggestions or recommendations the Comp-
troller General or the small business concerns participating 
in the program have to address disputes between the small 
business concern, the contracting officer (or designee), and 
the prime contractor on past performance ratings; 
‘‘(iv) the number of small business concerns awarded 
prime contracts after receiving a past performance rating 
under this pilot program; and 
‘‘(v) any suggestions or recommendation the Comp-
troller General has to improve the operation of the pilot 
program. 
‘‘(H) APPROPRIATE OFFICIAL DEFINED.—In this paragraph, 
the term ‘appropriate official’ means— 
‘‘(i) a commercial market representative; 
‘‘(ii) another individual designated by the senior official 
appointed by the Administrator with responsibilities under 
sections 8, 15, 31, and 36; or 
‘‘(iii) the Office of Small and Disadvantaged Business 
Utilization of a Federal agency, if the head of the Federal 
agency and the Administrator agree.’’. 
SEC. 1823. AMENDMENTS TO THE MENTOR-PROTEGE PROGRAM OF 
THE DEPARTMENT OF DEFENSE. 
Section 831 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101–510; 104 Stat. 1607; 10 U.S.C. 2302 
note) is amended— 
(1) by amending subsection (d) to read as follows: 
‘‘(d) MENTOR FIRM ELIGIBILITY.— 
‘‘(1) Subject to subsection (c)(1), a mentor firm may enter 
into an agreement with one or more protege firms under sub-
section (e) and provide assistance under the program pursuant 
to that agreement if the mentor firm— 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) is eligible for award of Federal contracts; and 
‘‘(B) demonstrates that it— 
‘‘(i) is qualified to provide assistance that will con-
tribute to the purpose of the program; 
‘‘(ii) is of good financial health and character and 
does not appear on a Federal list of debarred or sus-
pended contractors; and 
‘‘(iii) can impart value to a protege firm because 
of experience gained as a Department of Defense con-
tractor or through knowledge of general business oper-
ations and government contracting, as demonstrated 
by evidence that— 
‘‘(I) during the fiscal year preceding the fiscal 
year in which the mentor firm enters into the 
agreement, the total amount of the Department 
of Defense contracts awarded such mentor firm 
and the subcontracts awarded such mentor firm 
under Department of Defense contracts was equal 
to or greater than $100,000,000; or 
‘‘(II) the mentor firm demonstrates the capa-
bility to assist in the development of protege firms, 
and is approved by the Secretary of Defense pursu-
ant to criteria specified in the regulations pre-
scribed pursuant to subsection (k). 
‘‘(2) A mentor firm may not enter into an agreement with 
a protege firm if the Administrator of the Small Business 
Administration has made a determination finding affiliation 
between the mentor firm and the protege firm. 
‘‘(3) If the Administrator of the Small Business Administra-
tion has not made such a determination and if the Secretary 
has reason to believe (based on the regulations promulgated 
by the Administrator regarding affiliation) that the mentor 
firm is affiliated with the protege firm, the Secretary shall 
request a determination regarding affiliation from the Adminis-
trator of the Small Business Administration.’’; 
(2) in subsection (n), by amending paragraph (9) to read 
as follows: 
‘‘(9) The term ‘affiliation’, with respect to a relationship 
between a mentor firm and a protege firm, means a relationship 
described under section 121.103 of title 13, Code of Federal 
Regulations (or any successor regulation).’’; and 
(3) in subsection (f)(6)— 
(A) in subparagraph (B), by striking ‘‘or’’ at the end; 
(B) in subparagraph (C), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(D) women’s business centers described in section 29 
of the Small Business Act (15 U.S.C. 656).’’. 
Subtitle D—Miscellaneous Provisions 
SEC. 1831. IMPROVEMENTS TO SIZE STANDARDS FOR SMALL AGRICUL-
TURAL PRODUCERS. 
(a) AMENDMENT
TO DEFINITION
OF AGRICULTURAL ENTER-
PRISES.—Paragraph (1) of section 18(b) of the Small Business Act 
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130 STAT. 2658 
PUBLIC LAW 114–328—DEC. 23, 2016 
(15 U.S.C. 647(b)(1)) is amended by striking ‘‘businesses’’ and 
inserting ‘‘small business concerns’’. 
(b) EQUAL TREATMENT
OF SMALL FARMS.—Paragraph (1) of 
section 3(a) of the Small Business Act (15 U.S.C. 632(a)(1)) is 
amended by striking ‘‘operation: Provided,’’ and all that follows 
through the period at the end and inserting ‘‘operation.’’. 
(c) UPDATED SIZE STANDARDS.—Size standards established for 
agricultural enterprises under section 3(a) of the Small Business 
Act (15 U.S.C. 632(a)) shall be subject to the rolling review proce-
dures established under section 1344(a) of the Small Business Jobs 
Act of 2010 (15 U.S.C. 632 note). 
SEC. 1832. UNIFORMITY IN SERVICE-DISABLED VETERAN DEFINITIONS. 
(a) SMALL BUSINESS DEFINITION OF SMALL BUSINESS CONCERN 
CONSOLIDATED.—Section 3(q) of the Small Business Act (15 U.S.C. 
632(q)) is amended— 
(1) by amending paragraph (2) to read as follows: 
‘‘(2) SMALL BUSINESS CONCERN OWNED AND CONTROLLED 
BY SERVICE-DISABLED VETERANS.—The term ‘small business con-
cern owned and controlled by service-disabled veterans’ means 
any of the following: 
‘‘(A) A small business concern— 
‘‘(i) not less than 51 percent of which is owned 
by one or more service-disabled veterans or, in the 
case of any publicly owned business, not less than 
51 percent of the stock (not including any stock owned 
by an ESOP) of which is owned by one or more service- 
disabled veterans; and 
‘‘(ii) the management and daily business operations 
of which are controlled by one or more service-disabled 
veterans or, in the case of a veteran with permanent 
and severe disability, the spouse or permanent care-
giver of such veteran. 
‘‘(B) A small business concern— 
‘‘(i) not less than 51 percent of which is owned 
by one or more service-disabled veterans with a dis-
ability that is rated by the Secretary of Veterans 
Affairs as a permanent and total disability who are 
unable to manage the daily business operations of such 
concern; or 
‘‘(ii) in the case of a publicly owned business, not 
less than 51 percent of the stock (not including any 
stock owned by an ESOP) of which is owned by one 
or more such veterans. 
‘‘(C)(i) During the time period described in clause (ii), 
a small business concern that was a small business concern 
described in subparagraph (A) or (B) immediately prior 
to the death of a service-disabled veteran who was the 
owner of the concern, the death of whom causes the concern 
to be less than 51 percent owned by one or more service- 
disabled veterans, if— 
‘‘(I) the surviving spouse of the deceased veteran 
acquires such veteran’s ownership interest in such con-
cern; 
‘‘(II) such veteran had a service-connected dis-
ability (as defined in section 101(16) of title 38, United 
States Code) rated as 100 percent disabling under the 
15 USC 632 note. 
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130 STAT. 2659 
PUBLIC LAW 114–328—DEC. 23, 2016 
laws administered by the Secretary of Veterans Affairs 
or such veteran died as a result of a service-connected 
disability; and 
‘‘(III) immediately prior to the death of such vet-
eran, and during the period described in clause (ii), 
the small business concern is included in the database 
described in section 8127(f) of title 38, United States 
Code. 
‘‘(ii) The time period described in this clause is the 
time period beginning on the date of the veteran’s death 
and ending on the earlier of— 
‘‘(I) the date on which the surviving spouse 
remarries; 
‘‘(II) the date on which the surviving spouse relin-
quishes an ownership interest in the small business 
concern; or 
‘‘(III) the date that is 10 years after the date 
of the death of the veteran.’’; and 
(2) by adding at the end the following new paragraphs: 
‘‘(6) ESOP.—The term ‘ESOP’ has the meaning given the 
term ‘employee stock ownership plan’ in section 4975(e)(7) of 
the Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)). 
‘‘(7) SURVIVING SPOUSE.—The term ‘surviving spouse’ has 
the meaning given such term in section 101(3) of title 38, 
United States Code.’’. 
(b) VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CON-
CERN CONSOLIDATED.— 
(1) IN GENERAL.—Section 8127 of title 38, United States 
Code, is amended— 
(A) by striking subsection (h) and redesignating sub-
sections (i) through (l) as subsections (h) through (k), 
respectively; and 
(B) in subsection (k), as so redesignated— 
(i) by amending paragraph (2) to read as follows: 
‘‘(2) The term ‘small business concern owned and controlled 
by veterans’ has the meaning given that term under section 
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).’’; and 
(ii) by adding at the end the following new para-
graph: 
‘‘(3) The term ‘small business concern owned and controlled 
by veterans with service-connected disabilities’ has the meaning 
given the term ‘small business concern owned and controlled 
by service-disabled veterans’ under section 3(q)(2) of the Small 
Business Act (15 U.S.C. 632(q)(2)).’’. 
(2) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(A) in subsection (b), by inserting ‘‘or a small business 
concern owned and controlled by veterans with service- 
connected disabilities’’ after ‘‘a small business concern 
owned and controlled by veterans’’; 
(B) in subsection (c), by inserting ‘‘or a small business 
concern owned and controlled by veterans with service- 
connected disabilities’’ after ‘‘a small business concern 
owned and controlled by veterans’’; 
(C) in subsection (d) by inserting ‘‘or small business 
concerns owned and controlled by veterans with service- 
connected disabilities’’ after ‘‘small business concerns 
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130 STAT. 2660 
PUBLIC LAW 114–328—DEC. 23, 2016 
owned and controlled by veterans’’ both places it appears; 
and 
(D) in subsection (f)(1), by inserting ‘‘, small business 
concerns owned and controlled by veterans with service- 
connected disabilities,’’ after ‘‘small business concerns 
owned and controlled by veterans’’. 
(c) TECHNICAL CORRECTION.—Section 8(d)(3) of the Small Busi-
ness Act (15 U.S.C. 637(d)(3)), is amended by adding at the end 
the following new subparagraph: 
‘‘(H) In this contract, the term ‘small business concern 
owned and controlled by service-disabled veterans’ has the 
meaning given that term in section 3(q).’’. 
(d) REGULATIONS RELATING TO DATABASE OF THE SECRETARY 
OF VETERANS AFFAIRS.— 
(1) REQUIREMENT TO USE CERTAIN SMALL BUSINESS ADMINIS-
TRATION REGULATIONS.—Section 8127(f)(4) of title 38, United 
States Code, is amended by striking ‘‘verified’’ and inserting 
‘‘verified, using regulations issued by the Administrator of the 
Small Business Administration with respect to the status of 
the concern as a small business concern and the ownership 
and control of such concern,’’. 
(2) PROHIBITION
ON
SECRETARY
OF
VETERANS
AFFAIRS 
ISSUING
CERTAIN
REGULATIONS.—Section 8127(f) of title 38, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(7) The Secretary may not issue regulations related to the 
status of a concern as a small business concern and the ownership 
and control of such small business concern.’’. 
(e) DELAYED EFFECTIVE DATE.—The amendments made by sub-
sections (a), (b), (c), and (d) shall take effect on the date on which 
the Administrator of the Small Business Administration and the 
Secretary of Veterans Affairs jointly issue regulations implementing 
such sections. 
(f) APPEALS OF INCLUSION IN DATABASE.— 
(1) IN GENERAL.—Section 8127(f) of title 38, United States 
Code, as amended by this section, is further amended by adding 
at the end the following new paragraph: 
‘‘(8)(A) If a small business concern is not included in the data-
base because the Secretary does not verify the status of the concern 
as a small business concern or the ownership or control of the 
concern, the concern may appeal the denial of verification to the 
Office of Hearings and Appeals of the Small Business Administra-
tion (as established under section 5(i) of the Small Business Act). 
The decision of the Office of Hearings and Appeals shall be consid-
ered a final agency action. 
‘‘(B)(i) If an interested party challenges the inclusion in the 
database of a small business concern owned and controlled by 
veterans or a small business concern owned and controlled by 
veterans with service-connected disabilities based on the status 
of the concern as a small business concern or the ownership or 
control of the concern, the challenge shall be heard by the Office 
of Hearings and Appeals of the Small Business Administration 
as described in subparagraph (A). The decision of the Office of 
Hearings and Appeals shall be considered final agency action. 
‘‘(ii) In this subparagraph, the term ‘interested party’ means— 
‘‘(I) the Secretary; or 
15 USC 632 note. 
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130 STAT. 2661 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(II) in the case of a small business concern that is awarded 
a contract, the contracting officer of the Department or another 
small business concern that submitted an offer for the contract 
that was awarded to the small business concern that is the 
subject of a challenge made under clause (i). 
‘‘(C) For each fiscal year, the Secretary shall reimburse the 
Administrator of the Small Business Administration in an amount 
necessary to cover any cost incurred by the Office of Hearings 
and Appeals of the Small Business Administration for actions taken 
by the Office under this paragraph. The Administrator is authorized 
to accept such reimbursement. The amount of any such reimburse-
ment shall be determined jointly by the Secretary and the Adminis-
trator and shall be provided from fees collected by the Secretary 
under multiple-award schedule contracts. Any disagreement about 
the amount shall be resolved by the Director of the Office of Manage-
ment and Budget.’’. 
(2) EFFECTIVE DATE.—Paragraph (8) of subsection (f) of 
title 38, United States Code, as added by paragraph (1), shall 
apply with respect to a verification decision made by the Sec-
retary of Veterans Affairs on or after the date of the enactment 
of this Act. 
SEC. 1833. OFFICE OF HEARINGS AND APPEALS. 
(a) CLARIFICATION AS TO JURISDICTION.—Section 5(i)(1)(B) of 
the Small Business Act (15 U.S.C. 634(i)(1)(B)) is amended to read 
as follows: 
‘‘(B) JURISDICTION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the Office of Hearings and Appeals shall hear 
appeals of agency actions under or pursuant to this 
Act, the Small Business Investment Act of 1958 (15 
U.S.C. 661 et seq.), and title 13 of the Code of Federal 
Regulations, and shall hear such other matters as the 
Administrator may determine appropriate. 
‘‘(ii) EXCEPTION.—The Office of Hearings and 
Appeals shall not adjudicate disputes that require a 
hearing on the record, except disputes pertaining to 
the small business programs described in this Act.’’. 
(b) NEW RULES OR GUIDANCE FOR PETITIONS FOR RECONSIDER-
ATION.—Section 3(a)(9) of the Small Business Act (15 U.S.C. 
632(a)(9)) is amended by adding at the end the following new 
subparagraph: 
‘‘(E) RULES OR GUIDANCE.—The Office of Hearings and 
Appeals shall begin accepting petitions for reconsideration 
described in subparagraph (A) after the date on which 
the Administration issues a rule or other guidance imple-
menting this paragraph. Notwithstanding the provisions 
of subparagraph (B), petitions for reconsideration of size 
standards revised, modified, or established in a Federal 
Register final rule published between November 25, 2015, 
and the effective date of such rule or other guidance shall 
be considered timely if filed within 30 days of such effective 
date.’’. 
SEC. 1834. EXTENSION OF SBIR AND STTR PROGRAMS. 
(a) SBIR.—Section 9(m) of the Small Business Act (15 U.S.C. 
638(m)) is amended by striking ‘‘September 30, 2017’’ and inserting 
‘‘September 30, 2022’’. 
38 USC 8127 
note. 
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130 STAT. 2662 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) STTR.—Section 9(n)(1) of the Small Business Act (15 U.S.C. 
638(n)(1)) is amended by striking ‘‘fiscal year 2017’’ and inserting 
‘‘fiscal year 2022’’. 
SEC. 1835. ISSUANCE OF GUIDANCE ON SMALL BUSINESS MATTERS. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator of the Small Business Administration and 
the Secretary of Veterans Affairs shall issue guidance pertaining 
to the amendments made by this title to the Small Business Act 
and section 8127 of title 38, United States Code. The Administrator 
and the Secretary shall provide notice and opportunity for comment 
on such guidance for a period of not less than 60 days. 
Subtitle E—Improving Cyber Preparedness 
for Small Businesses 
SEC. 1841. SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY 
AND OUTREACH. 
(a) SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Administrator of the Small 
Business Administration and the Secretary of Homeland Secu-
rity shall work collaboratively to develop a cyber strategy for 
small business development centers to be known as the ‘‘Small 
Business Development Center Cyber Strategy’’. 
(2) CONSULTATION.—In developing the strategy under this 
subsection, the Administrator of the Small Business Adminis-
tration and the Secretary of Homeland Security shall consult 
with entities representing the concerns of small business 
development centers, including any association recognized 
under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 
648(a)(3)(A)). 
(3) CONTENT.—The strategy required under paragraph (1) 
shall include, at minimum, the following: 
(A) Plans for allowing small business development cen-
ters (hereinafter in this paragraph referred to as ‘‘SBDCs’’) 
to access existing cyber programs of the Department of 
Homeland Security and other appropriate Federal agencies 
to enhance services and streamline cyber assistance to 
small business concerns. 
(B) To the extent practicable, methods for providing 
counsel and assistance to improve a small business con-
cern’s cybersecurity infrastructure, awareness of cyber 
threat indicators, and cyber training programs for 
employees, including— 
(i) working to ensure individuals are aware of best 
practices in the areas of cybersecurity, awareness of 
cyber threat indicators, and cyber training; 
(ii) working with individuals to develop cost-effec-
tive plans for implementing best practices in these 
areas; 
(iii) entering into agreements, where practical, 
with Information Sharing and Analysis Centers or 
similar entities that share cyber information to gain 
an awareness of actionable cyber threat indicators that 
may be beneficial to small business concerns; and 
15 USC 632 note. 
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130 STAT. 2663 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iv) providing referrals to area specialists when 
necessary. 
(C) An analysis of— 
(i) how Federal Government programs, projects, 
and activities can be leveraged by SBDCs to improve 
access to high-quality cyber support for small business 
concerns; 
(ii) additional resources SBDCs may need to effec-
tively carry out their role; and 
(iii) how SBDCs can leverage existing partnerships 
and develop new partnerships with Federal, State, and 
local government entities as well as private entities 
to improve the quality of cyber support services to 
small business concerns. 
(4) DELIVERY OF STRATEGY.—Not later than 1 year after 
the date of the enactment of this Act, the Small Business 
Administrator and the Secretary of Homeland Security shall 
submit to the Committees on Homeland Security and Small 
Business of the House of Representatives and the Committees 
on Homeland Security and Governmental Affairs and Small 
Business and Entrepreneurship of the Senate the Small Busi-
ness Development Center Cyber Strategy developed under para-
graph (1). 
(5) DEFINITIONS.—In this subsection, the following defini-
tions shall apply: 
(A) CYBER THREAT INDICATOR.—The term ‘‘cyber threat 
indicator’’ has the meaning given such term in section 
227(a) of the Homeland Security Act of 2002 (6 U.S.C. 
148(a)). 
(B) SMALL BUSINESS DEVELOPMENT CENTER.—The term 
‘‘small business development center’’ has the meaning given 
such term in section 3 of the Small Business Act (15 
U.S.C. 632). 
(b) CYBERSECURITY OUTREACH FOR SMALL BUSINESS DEVELOP-
MENT CENTERS.—Section 227 of the Homeland Security Act of 2002 
(6 U.S.C. 148) is amended— 
(1) by redesignating subsection (l) as subsection (m); and 
(2) by inserting after subsection (k) the following new sub-
section: 
‘‘(l) CYBERSECURITY OUTREACH.— 
‘‘(1) IN GENERAL.—The Secretary may leverage small busi-
ness development centers to provide assistance to small busi-
ness concerns by disseminating information on cyber threat 
indicators, defense measures, cybersecurity risks, incidents, 
analyses, and warnings to help small business concerns in 
developing or enhancing cybersecurity infrastructure, aware-
ness of cyber threat indicators, and cyber training programs 
for employees. 
‘‘(2) DEFINITIONS.—For purposes of this subsection, the 
terms ‘small business concern’ and ‘small business development 
center’ have the meaning given such terms, respectively, under 
section 3 of the Small Business Act.’’. 
SEC. 1842. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN 
CYBERSECURITY AND PREPAREDNESS. 
Section 21 of the Small Business Act (15 U.S.C. 648) is 
amended— 
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130 STAT. 2664 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in subsection (a)(1), by striking ‘‘and providing access 
to business analysts who can refer small business concerns 
to available experts:’’ and inserting ‘‘providing access to busi-
ness analysts who can refer small business concerns to available 
experts; and, to the extent practicable, providing assistance 
in furtherance of the Small Business Development Center Cyber 
Strategy developed under section 1841(a) of the National 
Defense Authorization Act for Fiscal Year 2017:’’; and 
(2) in subsection (c)(2)— 
(A) in subparagraph (E), by striking ‘‘and’’ at the end; 
(B) in subparagraph (F), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end of the following new subpara-
graph: 
‘‘(G) access to cybersecurity specialists to counsel, assist, 
and inform small business concern clients, in furtherance of 
the Small Business Development Center Cyber Strategy devel-
oped under section 1841(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2017.’’. 
SEC. 1843. ADDITIONAL CYBERSECURITY ASSISTANCE FOR SMALL 
BUSINESS DEVELOPMENT CENTERS. 
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) 
is amended by adding at the end the following new paragraph: 
‘‘(8) CYBERSECURITY ASSISTANCE.— 
‘‘(A) IN GENERAL.—The Department of Homeland Secu-
rity, and any other Federal department or agency in 
coordination with the Department of Homeland Security, 
may leverage small business development centers to pro-
vide assistance to small business concerns by disseminating 
information relating to cybersecurity risks and other home-
land security matters to help small business concerns in 
developing or enhancing cybersecurity infrastructure, 
awareness of cyber threat indicators, and cyber training 
programs for employees. 
‘‘(B) DEFINITIONS.—In this paragraph, the terms ‘cyber-
security risk’ and ‘cyber threat indicator’ have the meanings 
given such terms, respectively, under section 227(a) of the 
Homeland Security Act of 2002 (6 U.S.C. 148(a)).’’. 
SEC. 1844. PROHIBITION ON ADDITIONAL FUNDS. 
No additional funds are authorized to be appropriated to carry 
out sections 1841 through 1843 or the amendments made by such 
sections. 
TITLE XIX—DEPARTMENT OF 
HOMELAND SECURITY COORDINATION 
Sec. 1901. Department of Homeland Security coordination. 
Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Se-
curity. 
Sec. 1903. Management and execution. 
Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security. 
Sec. 1905. Department of Homeland Security transparency. 
Sec. 1906. Transparency in research and development. 
Sec. 1907. United States Government review of certain foreign fighters. 
Sec. 1908. National strategy to combat terrorist travel. 
Sec. 1909. National Operations Center. 
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130 STAT. 2665 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 1910. Department of Homeland Security strategy for international programs. 
Sec. 1911. State and high-risk urban area working groups. 
Sec. 1912. Cybersecurity strategy for the Department of Homeland Security. 
Sec. 1913. EMP and GMD planning, research and development, and protection and 
preparedness. 
SEC. 1901. DEPARTMENT OF HOMELAND SECURITY COORDINATION. 
(a) IN GENERAL.—Subsection (d) of section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113) is amended by adding at 
the end the following new paragraph: 
‘‘(5) Any Director of a Joint Task Force under section 
708.’’. 
(b) JOINT TASK FORCES.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the 
end the following new section: 
‘‘SEC. 708. JOINT TASK FORCES. 
‘‘(a) DEFINITION.—In this section, the term ‘situational aware-
ness’ means knowledge and unified understanding of unlawful cross- 
border activity, including— 
‘‘(1) threats and trends concerning illicit trafficking and 
unlawful crossings; 
‘‘(2) the ability to forecast future shifts in such threats 
and trends; 
‘‘(3) the ability to evaluate such threats and trends at 
a level sufficient to create actionable plans; and 
‘‘(4) the operational capability to conduct continuous and 
integrated surveillance of the air, land, and maritime borders 
of the United States. 
‘‘(b) JOINT TASK FORCES.— 
‘‘(1) ESTABLISHMENT.—The Secretary may establish and 
operate departmental Joint Task Forces to conduct joint oper-
ations using personnel and capabilities of the Department for 
the purposes specified in paragraph (2). 
‘‘(2) PURPOSES.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
purposes referred to in paragraph (1) are or relate to the 
following: 
‘‘(i) Securing the land and maritime borders of 
the United States. 
‘‘(ii) Homeland security crises. 
‘‘(iii) Establishing regionally-based operations. 
‘‘(B) LIMITATION.— 
‘‘(i) IN GENERAL.—The Secretary may not establish 
a Joint Task Force for any major disaster or emergency 
declared under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
or an incident for which the Federal Emergency 
Management Agency has primary responsibility for 
management of the response under title V of this Act, 
including section 504(a)(3)(A), unless the responsibil-
ities of such a Joint Task Force— 
‘‘(I) do not include operational functions 
related 
to 
incident 
management, 
including 
coordination of operations; and 
‘‘(II) are consistent with the requirements of 
paragraphs (3) and (4)(A) of section 503(c) and 
section 509(c) of this Act, and section 302 of the 
6 USC 348. 
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130 STAT. 2666 
PUBLIC LAW 114–328—DEC. 23, 2016 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5143). 
‘‘(ii) 
RESPONSIBILITIES
AND
FUNCTIONS
NOT 
REDUCED.—Nothing in this section may be construed 
to reduce the responsibilities or functions of the Federal 
Emergency Management Agency or the Administrator 
of the Agency under title V of this Act or any other 
provision of law, including the diversion of any asset, 
function, or mission from the Agency or the Adminis-
trator of the Agency pursuant to section 506. 
‘‘(3) JOINT TASK FORCE DIRECTORS.— 
‘‘(A) DIRECTOR.—Each Joint Task Force established 
and operated pursuant to paragraph (1) shall be headed 
by a Director, appointed by the President, for a term of 
not more than two years. The Secretary shall submit to 
the President recommendations for such appointments after 
consulting with the heads of the components of the Depart-
ment with membership on any such Joint Task Force. 
Any Director appointed by the President shall be— 
‘‘(i) a current senior official of the Department 
with not less than one year of significant leadership 
experience at the Department; or 
‘‘(ii) if no suitable candidate is available at the 
Department, an individual with— 
‘‘(I) not less than one year of significant leader-
ship experience in a Federal agency since the 
establishment of the Department; and 
‘‘(II) a demonstrated ability in, knowledge of, 
and significant experience working on the issues 
to be addressed by any such Joint Task Force. 
‘‘(B) EXTENSION.—The Secretary may extend the 
appointment of a Director of a Joint Task Force under 
subparagraph (A) for not more than two years if the Sec-
retary determines that such an extension is in the best 
interest of the Department. 
‘‘(4) JOINT TASK FORCE DEPUTY DIRECTORS.—For each Joint 
Task Force, the Secretary shall appoint a Deputy Director 
who shall be an official of a different component or office 
of the Department than the Director of such Joint Task Force. 
‘‘(5) RESPONSIBILITIES.—The Director of a Joint Task Force, 
subject to the oversight, direction, and guidance of the Sec-
retary, shall— 
‘‘(A) when established for the purpose referred to in 
paragraph (2)(A)(i), maintain situational awareness within 
the areas of responsibility of the Joint Task Force, as 
determined by the Secretary; 
‘‘(B) provide operational plans and requirements for 
standard operating procedures and contingency operations 
within the areas of responsibility of the Joint Task Force, 
as determined by the Secretary; 
‘‘(C) plan and execute joint task force activities within 
the areas of responsibility of the Joint Task Force, as 
determined by the Secretary; 
‘‘(D) set and accomplish strategic objectives through 
integrated operational planning and execution; 
‘‘(E) exercise operational direction over personnel and 
equipment from components and offices of the Department 
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130 STAT. 2667 
PUBLIC LAW 114–328—DEC. 23, 2016 
allocated to the Joint Task Force to accomplish the objec-
tives of the Joint Task Force; 
‘‘(F) when established for the purpose referred to in 
paragraph (2)(A)(i), establish operational and investigative 
priorities within the areas of responsibility of the Joint 
Task Force, as determined by the Secretary; 
‘‘(G) coordinate with foreign governments and other 
Federal, State, and local agencies, as appropriate, to carry 
out the mission of the Joint Task Force; and 
‘‘(H) carry out other duties and powers the Secretary 
determines appropriate. 
‘‘(6) PERSONNEL AND RESOURCES.— 
‘‘(A) IN GENERAL.—The Secretary may, upon request 
of the Director of a Joint Task Force, and giving appropriate 
consideration of risk to the other primary missions of the 
Department, allocate to such Joint Task Force on a tem-
porary basis personnel and equipment of components and 
offices of the Department. 
‘‘(B) COST NEUTRALITY.—A Joint Task Force may not 
require more resources than would have otherwise been 
required by the Department to carry out the duties 
assigned to such Joint Task Force if such Joint Task Force 
had not been established. 
‘‘(C) LOCATION OF OPERATIONS.—In establishing a loca-
tion of operations for a Joint Task Force, the Secretary 
shall, to the extent practicable, use existing facilities that 
integrate efforts of components of the Department and 
State, local, tribal, or territorial law enforcement or mili-
tary entities. 
‘‘(D) CONSIDERATION
OF
IMPACT.—When reviewing 
requests for allocation of component personnel and equip-
ment under subparagraph (A), the Secretary shall consider 
the impact of such allocation on the ability of the donating 
component or office to carry out the primary missions of 
the Department, and in the case of the Coast Guard, the 
missions specified in section 888. 
‘‘(E) LIMITATION.—Personnel and equipment of the 
Coast Guard allocated under this paragraph may be used 
only to carry out operations and investigations related to 
the missions specified in section 888. 
‘‘(F) REPORT.—The Secretary shall, at the time the 
budget of the President is submitted to Congress for a 
fiscal year under section 1105(a) of title 31, United States 
Code, submit to the Committee on Homeland Security and 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Home-
land Security and Governmental Affairs and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report on the total funding, personnel, and other 
resources that each component or office of the Department 
allocated under this paragraph to each Joint Task Force 
to carry out the mission of such Joint Task Force during 
the fiscal year immediately preceding each such report, 
and a description of the degree to which the resources 
drawn from each component or office impact the primary 
mission of such component or office. 
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130 STAT. 2668 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(7) COMPONENT RESOURCE AUTHORITY.—As directed by the 
Secretary— 
‘‘(A) each Director of a Joint Task Force shall be pro-
vided sufficient resources from relevant components and 
offices of the Department and the authority necessary to 
carry out the missions and responsibilities of such Joint 
Task Force required under this section; 
‘‘(B) the resources referred to in subparagraph (A) shall 
be under the operational authority, direction, and control 
of the Director of the Joint Task Force to which such 
resources are assigned; and 
‘‘(C) the personnel and equipment of each Joint Task 
Force shall remain under the administrative direction of 
the head of the component or office of the Department 
that provided such personnel or equipment. 
‘‘(8) JOINT TASK FORCE STAFF.—Each Joint Task Force shall 
have a staff, composed of officials from relevant components 
and offices of the Department, to assist the Director of such 
Joint Task Force in carrying out the mission and responsibil-
ities of such Joint Task Force. 
‘‘(9) ESTABLISHMENT OF PERFORMANCE METRICS.—The Sec-
retary shall— 
‘‘(A) establish outcome-based and other appropriate 
performance metrics to evaluate the effectiveness of each 
Joint Task Force; 
‘‘(B) not later than 120 days after the date of the 
enactment of this section and 120 days after the establish-
ment of a new Joint Task Force, as appropriate, submit 
to the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate the metrics 
established under subparagraph (A). 
‘‘(C) not later than January 31 of each year beginning 
in 2017, submit to each committee specified in subpara-
graph (B) a report that contains the evaluation described 
in subparagraph (A). 
‘‘(10) JOINT DUTY TRAINING PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) establish a joint duty training program in the 
Department for the purposes of— 
‘‘(I) enhancing coordination within the Depart-
ment; and 
‘‘(II) promoting workforce professional develop-
ment; and 
‘‘(ii) tailor such joint duty training program to 
improve joint operations as part of the Joint Task 
Forces. 
‘‘(B) ELEMENTS.—The joint duty training program 
established under subparagraph (A) shall address, at a 
minimum, the following topics: 
‘‘(i) National security strategy. 
‘‘(ii) Strategic and contingency planning. 
‘‘(iii) Command and control of operations under 
joint command. 
‘‘(iv) International engagement. 
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130 STAT. 2669 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(v) The homeland security enterprise. 
‘‘(vi) Interagency collaboration. 
‘‘(vii) Leadership. 
‘‘(viii) Specific subject matters relevant to the Joint 
Task Force, including matters relating to the missions 
specified in section 888, to which the joint duty training 
program is assigned. 
‘‘(C) TRAINING REQUIRED.— 
‘‘(i) DIRECTORS
AND
DEPUTY
DIRECTORS.—Except 
as provided in clauses (iii) and (iv), an individual shall 
complete the joint duty training program before being 
appointed Director or Deputy Director of a Joint Task 
Force. 
‘‘(ii) JOINT
TASK
FORCE
STAFF.—Each official 
serving on the staff of a Joint Task Force shall complete 
the joint duty training program within the first year 
of assignment to such Joint Task Force. 
‘‘(iii) EXCEPTION.—Clause (i) shall not apply to the 
first Director or Deputy Director appointed to a Joint 
Task Force on or after the date of the enactment of 
this section. 
‘‘(iv) WAIVER.—The Secretary may waive the 
application of clause (i) if the Secretary determines 
that such a waiver is in the interest of homeland 
security or necessary to carry out the mission for which 
a Joint Task Force was established. 
‘‘(11) NOTIFICATION
OF
JOINT
TASK
FORCE
FORMATION.— 
‘‘(A) IN GENERAL.—Not later than 90 days before estab-
lishing a Joint Task Force under this subsection, the Sec-
retary shall submit to the majority leader of the Senate, 
the minority leader of the Senate, the Speaker of the House 
of Representatives, the majority leader of the House of 
Representatives, the minority leader of the House of Rep-
resentatives, and the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a notification regarding such establishment. 
‘‘(B) WAIVER
AUTHORITY.—The Secretary may waive 
the requirement under subparagraph (A) in the event of 
an emergency circumstance that imminently threatens the 
protection of human life or property. 
‘‘(12) REVIEW.— 
‘‘(A) IN GENERAL.—Not later than January 31, 2018, 
and January 31, 2021, the Inspector General of the Depart-
ment shall submit to the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a review of the Joint Task Forces established under 
this subsection. 
‘‘(B) CONTENTS.—The reviews required under subpara-
graph (A) shall include— 
‘‘(i) an assessment of the effectiveness of the struc-
ture of each Joint Task Force; and 
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130 STAT. 2670 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) recommendations for enhancements to such 
structure to strengthen the effectiveness of each Joint 
Task Force. 
‘‘(13) SUNSET.—This section expires on September 30, 2022. 
‘‘(c) JOINT DUTY ASSIGNMENT PROGRAM.—After establishing the 
joint duty training program under subsection (b)(10), the Secretary 
shall establish a joint duty assignment program within the Depart-
ment for the purposes of enhancing coordination in the Department 
and promoting workforce professional development.’’. 
(c) TRANSITION.—An individual serving as a Director of a Joint 
Task Force of the Department of Homeland Security in existence 
on the day before the date of the enactment of this section may 
serve as the Director of such Joint Task Force on and after such 
date of enactment until a Director of such Joint Task Force is 
appointed pursuant to subparagraph (A) of section 708(b)(3), as 
added by subsection (a) of this section. 
(d) CONFORMING AMENDMENTS.—The Homeland Security Act 
of 2002 is amended— 
(1) in subsection (c) of section 506 (6 U.S.C. 316)— 
(A) in paragraph (1), by inserting ‘‘, including through 
a Joint Task Force established under section 708,’’ after 
‘‘reduce’’; and 
(B) in paragraph (2), by inserting ‘‘including a Joint 
Task Force established under section 708,’’ after ‘‘Depart-
ment,’’; and 
(2) in paragraph (2) of section 509(c) (6 U.S.C. 319)— 
(A) in the paragraph heading, by inserting ‘‘; JOINT 
TASK FORCE’’ after ‘‘OFFICIAL’’; and 
(B) in the matter preceding subparagraph (A), by 
inserting ‘‘or Director of a Joint Task Force established 
under section 708’’ before ‘‘shall’’. 
(e) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 is amended by inserting 
after the item relating to section 707 the following new item: 
‘‘Sec. 708. Joint Task Forces.’’. 
SEC. 1902. OFFICE OF STRATEGY, POLICY, AND PLANS OF THE DEPART-
MENT OF HOMELAND SECURITY. 
(a) OFFICE
OF STRATEGY, POLICY, AND PLANS.—Title VII of 
the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as 
amended by section 1901 of this title, is further amended by adding 
at the end the following new section: 
‘‘SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS. 
‘‘(a) IN GENERAL.—There is established in the Department an 
Office of Strategy, Policy, and Plans. 
‘‘(b) HEAD OF OFFICE.—The Office of Strategy, Policy, and Plans 
shall be headed by an Under Secretary for Strategy, Policy, and 
Plans, who shall serve as the principal policy advisor to the Sec-
retary. The Under Secretary for Strategy, Policy, and Plans shall 
be appointed by the President, by and with the advice and consent 
of the Senate. 
‘‘(c) FUNCTIONS.—The Under Secretary for Strategy, Policy, and 
Plans shall— 
‘‘(1) lead, conduct, and coordinate Department-wide policy 
development and implementation and strategic planning; 
6 USC 349. 
6 USC 348 note. 
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130 STAT. 2671 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) develop and coordinate policies to promote and ensure 
quality, consistency, and integration for the programs, compo-
nents, offices, and activities across the Department; 
‘‘(3) develop and coordinate strategic plans and long-term 
goals of the Department with risk-based analysis and planning 
to improve operational mission effectiveness, including con-
sultation with the Secretary regarding the quadrennial home-
land security review under section 707; 
‘‘(4) manage Department leadership councils and provide 
analytics and support to such councils; 
‘‘(5) manage international coordination and engagement 
for the Department; 
‘‘(6) review and incorporate, as appropriate, external stake-
holder feedback into Department policy; and 
‘‘(7) carry out such other responsibilities as the Secretary 
determines appropriate. 
‘‘(d) DEPUTY UNDER SECRETARY.— 
‘‘(1) IN GENERAL.—The Secretary may— 
‘‘(A) establish within the Office of Strategy, Policy, 
and Plans a position of Deputy Under Secretary to support 
the Under Secretary for Strategy, Policy, and Plans in 
carrying out the Under Secretary’s responsibilities; and 
‘‘(B) appoint a career employee to such position. 
‘‘(2) LIMITATION ON ESTABLISHMENT OF DEPUTY UNDER SEC-
RETARY POSITIONS.—A Deputy Under Secretary position (or any 
substantially similar position) within the Office of Strategy, 
Policy, and Plans may not be established except for the position 
provided for by paragraph (1), unless the Secretary receives 
prior authorization from Congress. 
‘‘(3) DEFINITIONS.—For purposes of paragraph (1)— 
‘‘(A) the term ‘career employee’ means any employee 
(as such term is defined in section 2105 of title 5, United 
States Code), but does not include a political appointee; 
and 
‘‘(B) the term ‘political appointee’ means any employee 
who occupies a position which has been excepted from 
the competitive service by reason of its confidential, policy- 
determining, policy-making, or policy-advocating character. 
‘‘(e) COORDINATION BY DEPARTMENT COMPONENTS.—To ensure 
consistency with the policy priorities of the Department, the head 
of each component of the Department shall coordinate with the 
Office of Strategy, Policy, and Plans in establishing or modifying 
policies or strategic planning guidance with respect to each such 
component. 
‘‘(f) HOMELAND SECURITY STATISTICS AND JOINT ANALYSIS.— 
‘‘(1) HOMELAND
SECURITY
STATISTICS.—The Under Sec-
retary for Strategy, Policy, and Plans shall— 
‘‘(A) establish standards of reliability and validity for 
statistical data collected and analyzed by the Department; 
‘‘(B) be provided by the heads of all components of 
the Department with statistical data maintained by the 
Department regarding the operations of the Department; 
‘‘(C) conduct or oversee analysis and reporting of such 
data by the Department as required by law or as directed 
by the Secretary; and 
‘‘(D) ensure the accuracy of metrics and statistical data 
provided to Congress. 
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130 STAT. 2672 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) TRANSFER OF RESPONSIBILITIES.—There shall be trans-
ferred to the Under Secretary for Strategy, Policy, and Plans 
the maintenance of all immigration statistical information of 
U.S. Customs and Border Protection, U.S. Immigration and 
Customs Enforcement, and United States Citizenship and 
Immigration Services, which shall include information and 
statistics of the type contained in the publication entitled ‘Year-
book of Immigration Statistics’ prepared by the Office of 
Immigration Statistics, including region-by-region statistics on 
the aggregate number of applications and petitions filed by 
an alien (or filed on behalf of an alien) and denied, and the 
reasons for such denials, disaggregated by category of denial 
and application or petition type. 
‘‘(g) LIMITATION.—Nothing in this section overrides or otherwise 
affects the requirements specified in section 888.’’. 
(b) CONFORMING AMENDMENT.—Subparagraph (B) of section 
707(a)(3) of the Homeland Security Act of 2002 (6 U.S.C. 347(a)(3)) 
is amended by inserting before the semicolon the following: ‘‘, 
including the Under Secretary for Strategy, Policy, and Plans’’. 
(c) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 , as amended by section 
1901 of this title, is further amended by inserting after the item 
relating to section 708 the following new item: 
‘‘Sec. 709. Office of Strategy, Policy, and Plans.’’. 
SEC. 1903. MANAGEMENT AND EXECUTION. 
(a) IN GENERAL.—Section 103 of the Homeland Security Act 
of 2002 (6 U.S.C. 113) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (F), by inserting before the period 
at the end the following: ‘‘, who shall be first assistant 
to the Deputy Secretary of Homeland Security for purposes 
of subchapter III of chapter 33 of title 5, United States 
Code’’; and 
(B) by adding at the end the following: 
‘‘(K) An Under Secretary for Strategy, Policy, and 
Plans.’’; and 
(2) by adding at the end the following: 
‘‘(g) VACANCIES.— 
‘‘(1) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR 
DEPUTY
SECRETARY.—Notwithstanding chapter 33 of title 5, 
United States Code, the Under Secretary for Management shall 
serve as the Acting Secretary if by reason of absence, disability, 
or vacancy in office, neither the Secretary nor Deputy Secretary 
is available to exercise the duties of the Office of the Secretary. 
‘‘(2) FURTHER
ORDER
OF
SUCCESSION.—Notwithstanding 
chapter 33 of title 5, United States Code, the Secretary may 
designate such other officers of the Department in further 
order of succession to serve as Acting Secretary. 
‘‘(3) NOTIFICATION
OF
VACANCIES.—The Secretary shall 
notify the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security 
of the House of Representatives of any vacancies that require 
notification under sections 3345 through 3349d of title 5, United 
States Code (commonly known as the ‘Federal Vacancies Reform 
Act of 1998’).’’. 
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130 STAT. 2673 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) UNDER SECRETARY FOR MANAGEMENT.—Section 701 of the 
Homeland Security Act of 2002 (6 U.S.C. 341) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (9) and inserting the fol-
lowing: 
‘‘(9) The management integration and transformation 
within each functional management discipline of the Depart-
ment, including information technology, financial management, 
acquisition management, and human capital management, to 
ensure an efficient and orderly consolidation of functions and 
personnel in the Department, including— 
‘‘(A) the development of centralized data sources and 
connectivity of information systems to the greatest extent 
practicable to enhance program visibility, transparency, 
and operational effectiveness and coordination; 
‘‘(B) the development of standardized and automated 
management information to manage and oversee programs 
and make informed decisions to improve the efficiency of 
the Department; 
‘‘(C) the development of effective program management 
and regular oversight mechanisms, including clear roles 
and processes for program governance, sharing of best prac-
tices, and access to timely, reliable, and evaluated data 
on all acquisitions and investments; and 
‘‘(D) the overall supervision, including the conduct of 
internal audits and management analyses, of the programs 
and activities of the Department, including establishment 
of oversight procedures to ensure a full and effective review 
of the efforts by components of the Department to imple-
ment policies and procedures of the Department for 
management integration and transformation.’’; 
(B) by redesignating paragraphs (10) and (11) as para-
graphs (12) and (13), respectively; and 
(C) by inserting after paragraph (9) the following: 
‘‘(10) The development of a transition and succession plan, 
before December 1 of each year in which a Presidential election 
is held, to guide the transition of Department functions to 
a new Presidential administration, and making such plan avail-
able to the next Secretary and Under Secretary for Management 
and to the congressional homeland security committees. 
‘‘(11) Reporting to the Government Accountability Office 
every six months to demonstrate measurable, sustainable 
progress made in implementing the corrective action plans of 
the Department to address the designation of the management 
functions of the Department on the bi-annual high risk list 
of the Government Accountability Office, until the Comptroller 
General of the United States submits to the appropriate 
congressional committees written notification of removal of the 
high-risk designation.’’; 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) WAIVERS FOR CONDUCTING BUSINESS WITH SUSPENDED OR 
DEBARRED CONTRACTORS.—Not later than five days after the date 
on which the Chief Procurement Officer or Chief Financial Officer 
of the Department issues a waiver of the requirement that an 
agency not engage in business with a contractor or other recipient 
of funds listed as a party suspended or debarred from receiving 
contracts, grants, or other types of Federal assistance in the System 
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130 STAT. 2674 
PUBLIC LAW 114–328—DEC. 23, 2016 
for Award Management maintained by the General Services 
Administration, or any successor thereto, the Under Secretary for 
Management shall submit to the congressional homeland security 
committees and the Inspector General of the Department notice 
of the waiver and an explanation of the finding by the Under 
Secretary that a compelling reason exists for the waiver.’’; 
(3) by redesignating subsection (d) as subsection (e); and 
(4) by inserting after subsection (c) the following: 
‘‘(d) SYSTEM FOR AWARD MANAGEMENT CONSULTATION.—The 
Under Secretary for Management shall require that all Department 
contracting and grant officials consult the System for Award 
Management (or successor system) as maintained by the General 
Services Administration prior to awarding a contract or grant or 
entering into other transactions to ascertain whether the selected 
contractor is excluded from receiving Federal contracts, certain 
subcontracts, and certain types of Federal financial and non-finan-
cial assistance and benefits.’’. 
SEC. 1904. CHIEF HUMAN CAPITAL OFFICER OF THE DEPARTMENT 
OF HOMELAND SECURITY. 
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 
344) is amended to read as follows: 
‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. 
‘‘(a) IN GENERAL.—The Chief Human Capital Officer shall 
report directly to the Under Secretary for Management. 
‘‘(b) RESPONSIBILITIES.—In addition to the responsibilities set 
forth in chapter 14 of title 5, United States Code, and other 
applicable law, the Chief Human Capital Officer of the Department 
shall— 
‘‘(1) develop and implement strategic workforce planning 
policies that are consistent with Government-wide leading prin-
ciples and in line with Department strategic human capital 
goals and priorities, taking into account the special require-
ments of members of the Armed Forces serving in the Coast 
Guard; 
‘‘(2) develop performance measures to provide a basis for 
monitoring 
and 
evaluating 
Department-wide 
strategic 
workforce planning efforts; 
‘‘(3) develop, improve, and implement policies, including 
compensation flexibilities available to Federal agencies where 
appropriate, to recruit, hire, train, and retain the workforce 
of the Department, in coordination with all components of the 
Department; 
‘‘(4) identify methods for managing and overseeing human 
capital programs and initiatives, in coordination with the head 
of each component of the Department; 
‘‘(5) develop a career path framework and create opportuni-
ties for leader development in coordination with all components 
of the Department; 
‘‘(6) lead the efforts of the Department for managing 
employee resources, including training and development 
opportunities, in coordination with each component of the 
Department; 
‘‘(7) work to ensure the Department is implementing human 
capital programs and initiatives and effectively educating each 
component of the Department about these programs and initia-
tives; 
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130 STAT. 2675 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(8) identify and eliminate unnecessary and duplicative 
human capital policies and guidance; 
‘‘(9) provide input concerning the hiring and performance 
of the Chief Human Capital Officer or comparable official in 
each component of the Department; and 
‘‘(10) ensure that all employees of the Department are 
informed of their rights and remedies under chapters 12 and 
23 of title 5, United States Code. 
‘‘(c) COMPONENT STRATEGIES.— 
‘‘(1) IN
GENERAL.—Each component of the Department 
shall, in coordination with the Chief Human Capital Officer 
of the Department, develop a 5-year workforce strategy for 
the component that will support the goals, objectives, and 
performance measures of the Department for determining the 
proper balance of Federal employees and private labor 
resources. 
‘‘(2) STRATEGY REQUIREMENTS.—In developing the strategy 
required under paragraph (1), each component shall consider 
the effect on human resources associated with creating addi-
tional Federal full-time equivalent positions, converting private 
contractors to Federal employees, or relying on the private 
sector for goods and services. 
‘‘(d) ANNUAL SUBMISSION.—Not later than 90 days after the 
date on which the Secretary submits the annual budget justification 
for the Department, the Secretary shall submit to the congressional 
homeland security committees a report that includes a table, delin-
eated by component with actual and enacted amounts, including— 
‘‘(1) information on the progress within the Department 
of fulfilling the workforce strategies developed under subsection 
(c); 
‘‘(2) the number of on-board staffing for Federal employees 
from the prior fiscal year; 
‘‘(3) the total contract hours submitted by each prime con-
tractor as part of the service contract inventory required under 
section 743 of the Financial Services and General Government 
Appropriations Act, 2010 (division C of Public Law 111–117; 
31 U.S.C. 501 note); and 
‘‘(4) the number of full-time equivalent personnel identified 
under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 
4701 et seq.). 
‘‘(e) LIMITATION.—Nothing in this section overrides or otherwise 
affects the requirements specified in section 888.’’. 
SEC. 1905. DEPARTMENT OF HOMELAND SECURITY TRANSPARENCY. 
(a) FEASIBILITY STUDY.—The Administrator of the Federal 
Emergency Management Agency shall initiate a study to determine 
the feasibility of gathering data and providing information to Con-
gress on the use of Federal grant awards, for expenditures of 
more than $5,000, by entities that receive a Federal grant award 
under the Urban Area Security Initiative and the State Homeland 
Security Grant Program under sections 2003 and 2004 of the Home-
land Security Act of 2002 (6 U.S.C. 604 and 605), respectively. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
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130 STAT. 2676 
PUBLIC LAW 114–328—DEC. 23, 2016 
Homeland Security and Governmental Affairs a report on the 
results of the study required under subsection (a). 
SEC. 1906. TRANSPARENCY IN RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Title III of the Homeland Security Act of 
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 319. TRANSPARENCY IN RESEARCH AND DEVELOPMENT. 
‘‘(a) REQUIREMENT TO LIST RESEARCH AND DEVELOPMENT PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—The Secretary shall maintain a detailed 
list of the following: 
‘‘(A) Each classified and unclassified research and 
development project, and all appropriate details for each 
such project, including the component of the Department 
responsible for each such project. 
‘‘(B) Each task order for a Federally Funded Research 
and Development Center not associated with a research 
and development project. 
‘‘(C) Each task order for a University-based center 
of excellence not associated with a research and develop-
ment project. 
‘‘(D) The indicators developed and tracked by the Under 
Secretary for Science and Technology with respect to 
transitioned projects pursuant to subsection (c). 
‘‘(2) EXCEPTION FOR CERTAIN COMPLETED PROJECTS.—Para-
graph (1) shall not apply to a project completed or otherwise 
terminated before the date of the enactment of this section. 
‘‘(3) UPDATES.—The list required under paragraph (1) shall 
be updated as frequently as possible, but not less frequently 
than once per quarter. 
‘‘(4) RESEARCH AND DEVELOPMENT DEFINED.—For purposes 
of the list required under paragraph (1), the Secretary shall 
provide a definition for the term ‘research and development’. 
‘‘(b) 
REQUIREMENT
TO
REPORT
TO
CONGRESS
ON
ALL 
PROJECTS.—Not later than January 1, 2017, and annually there-
after, the Secretary shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a classi-
fied and unclassified report, as applicable, that lists each ongoing 
classified and unclassified project at the Department, including 
all appropriate details of each such project. 
‘‘(c) INDICATORS OF SUCCESS OF TRANSITIONED PROJECTS.— 
‘‘(1) IN
GENERAL.—For each project that has been 
transitioned to practice from research and development, the 
Under Secretary for Science and Technology shall develop and 
track indicators to demonstrate the uptake of the technology 
or project among customers or end-users. 
‘‘(2) REQUIREMENT.—To the fullest extent possible, the 
tracking of a project required under paragraph (1) shall con-
tinue for the three-year period beginning on the date on which 
such project was transitioned to practice from research and 
development. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ALL APPROPRIATE DETAILS.—The term ‘all appropriate 
details’ means, with respect to a research and development 
project— 
6 USC 195e. 
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‘‘(A) the name of such project, including both classified 
and unclassified names if applicable; 
‘‘(B) the name of the component of the Department 
carrying out such project; 
‘‘(C) an abstract or summary of such project; 
‘‘(D) funding levels for such project; 
‘‘(E) project duration or timeline; 
‘‘(F) the name of each contractor, grantee, or coopera-
tive agreement partner involved in such project; 
‘‘(G) expected objectives and milestones for such project; 
and 
‘‘(H) to the maximum extent practicable, relevant lit-
erature and patents that are associated with such project. 
‘‘(2) CLASSIFIED.—The term ‘classified’ means anything con-
taining— 
‘‘(A) classified national security information as defined 
in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 
note) or any successor order; 
‘‘(B) Restricted Data or data that was formerly 
Restricted Data, as defined in section 11y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)); 
‘‘(C) material classified at the Sensitive Compart-
mented Information (SCI) level, as defined in section 309 
of the Intelligence Authorization Act for Fiscal Year 2001 
(50 U.S.C. 3345); or 
‘‘(D) information relating to a special access program, 
as defined in section 6.1 of Executive Order 13526 (50 
U.S.C. 3161 note) or any successor order. 
‘‘(3) CONTROLLED UNCLASSIFIED INFORMATION.—The term 
‘controlled 
unclassified 
information’ 
means 
information 
described as ‘Controlled Unclassified Information’ under Execu-
tive Order 13556 (50 U.S.C. 3501 note) or any successor order. 
‘‘(4) PROJECT.—The term ‘project’ means a research or 
development project, program, or activity administered by the 
Department, whether ongoing, completed, or otherwise termi-
nated. 
‘‘(e) LIMITATION.—Nothing in this section overrides or otherwise 
affects the requirements specified in section 888.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 is amended by inserting 
after the item relating to section 318 the following new item: 
‘‘Sec. 319. Transparency in research and development.’’. 
SEC. 1907. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOR-
EIGN FIGHTERS. 
(a) REVIEW.—Not later than 30 days after the date of the 
enactment of this Act, the President shall initiate a review of 
known instances since 2011 in which a person has traveled or 
attempted to travel to a conflict zone in Iraq or Syria from the 
United States to join or provide material support or resources 
to a terrorist organization. 
(b) SCOPE OF REVIEW.—The review under subsection (a) shall— 
(1) include relevant unclassified and classified information 
held by the United States Government related to each instance 
described in subsection (a); 
(2) ascertain which factors, including operational issues, 
security vulnerabilities, systemic challenges, or other issues, 
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PUBLIC LAW 114–328—DEC. 23, 2016 
which may have undermined efforts to prevent the travel of 
persons described in subsection (a) to a conflict zone in Iraq 
or Syria from the United States, including issues related to 
the timely identification of suspects, information sharing, inter-
vention, and interdiction; and 
(3) identify lessons learned and areas that can be improved 
to prevent additional travel by persons described in subsection 
(a) to a conflict zone in Iraq or Syria, or other terrorist safe 
haven abroad, to join or provide material support or resources 
to a terrorist organization. 
(c) INFORMATION SHARING.—The President shall direct the 
heads of relevant Federal agencies to provide the appropriate 
information that may be necessary to complete the review required 
under this section. 
(d) SUBMISSION TO CONGRESS.—Not later than 120 days after 
the date of the enactment of this Act, the President, consistent 
with the protection of classified information, shall submit a report 
to the majority leader of the Senate, the minority leader of the 
Senate, the Speaker of the House of Representatives, the majority 
leader of the House of Representatives, the minority leader of 
the House of Representatives, and the appropriate congressional 
committees that includes the results of the review required under 
this section, including information on travel routes of greatest con-
cern, as appropriate. 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; 
(B) the Select Committee on Intelligence of the Senate; 
(C) the Committee on the Judiciary of the Senate; 
(D) the Committee on Armed Services of the Senate; 
(E) the Committee on Foreign Relations of the Senate; 
(F) the Committee on Banking, Housing, and Urban 
Affairs of the Senate; 
(G) the Committee on Appropriations of the Senate; 
(H) the Committee on Homeland Security of the House 
of Representatives; 
(I) the Permanent Select Committee on Intelligence 
of the House of Representatives; 
(J) the Committee on the Judiciary of the House of 
Representatives; 
(K) the Committee on Armed Services of the House 
of Representatives; 
(L) the Committee on Foreign Affairs of the House 
of Representatives; 
(M) the Committee on Appropriations of the House 
of Representatives; and 
(N) the Committee on Financial Services of the House 
of Representatives. 
(2) MATERIAL SUPPORT OR RESOURCES.—The term ‘‘material 
support or resources’’ has the meaning given such term in 
section 2339A of title 18, United States Code. 
SEC. 1908. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
it should be the policy of the United States to— 
6 USC 123 note. 
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130 STAT. 2679 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) continue to regularly assess the evolving terrorist threat 
to the United States; 
(2) catalog existing Federal Government efforts to obstruct 
terrorist and foreign fighter travel into, out of, and within 
the United States, and overseas; 
(3) identify such efforts that may benefit from reform or 
consolidation, or require elimination; 
(4) identify potential security vulnerabilities in United 
States defenses against terrorist travel; and 
(5) prioritize resources to address any such security 
vulnerabilities in a risk-based manner. 
(b) NATIONAL STRATEGY AND UPDATES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the President shall submit to 
the majority leader of the Senate, the minority leader of the 
Senate, the Speaker of the House of Representatives, the 
majority leader of the House of Representatives, the minority 
leader of the House of Representatives, and the appropriate 
congressional committees a national strategy to combat terrorist 
travel. The strategy shall address efforts to intercept terrorists 
and foreign fighters and constrain the domestic and inter-
national travel of such persons. Consistent with the protection 
of classified information, the strategy shall be submitted in 
unclassified form, including, as appropriate, a classified annex. 
(2) UPDATED STRATEGIES.—Not later than 180 days after 
the date on which a new President is inaugurated, the President 
shall submit to the majority leader of the Senate, the minority 
leader of the Senate, the Speaker of the House of Representa-
tives, the majority leader of the House of Representatives, 
the minority leader of the House of Representatives, and the 
appropriate congressional committees an updated version of 
the strategy described in paragraph (1). 
(3) CONTENTS.—The strategy and updates required under 
this subsection shall— 
(A) include an accounting and description of all Federal 
Government programs, projects, and activities designed to 
constrain domestic and international travel by terrorists 
and foreign fighters; 
(B) identify specific security vulnerabilities within the 
United States and outside of the United States that may 
be exploited by terrorists and foreign fighters; 
(C) delineate goals for— 
(i) closing the security vulnerabilities identified 
under subparagraph (B); and 
(ii) enhancing the ability of the Federal Govern-
ment to constrain domestic and international travel 
by terrorists and foreign fighters; and 
(D) describe the actions that will be taken to achieve 
the goals delineated under subparagraph (C) and the means 
needed to carry out such actions, including— 
(i) steps to reform, improve, and streamline 
existing Federal Government efforts to align with the 
current threat environment; 
(ii) new programs, projects, or activities that are 
requested, 
under 
development, 
or 
undergoing 
implementation; 
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130 STAT. 2680 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) new authorities or changes in existing authori-
ties needed from Congress; 
(iv) specific budget adjustments being requested 
to enhance United States security in a risk-based 
manner; and 
(v) the Federal departments and agencies respon-
sible for the specific actions described in this subpara-
graph. 
(4) SUNSET.—The requirement to submit updated national 
strategies under this subsection shall terminate on the date 
that is seven years after the date of the enactment of this 
Act. 
(c) DEVELOPMENT
OF
IMPLEMENTATION
PLANS.—For each 
national strategy required under subsection (b), the President shall 
direct the heads of relevant Federal agencies to develop implementa-
tion plans for each such agency. 
(d) IMPLEMENTATION PLANS.— 
(1) IN
GENERAL.—The President shall submit to the 
majority leader of the Senate, the minority leader of the Senate, 
the Speaker of the House of Representatives, the majority 
leader of the House of Representatives, the minority leader 
of the House of Representatives, and the appropriate congres-
sional committees an implementation plan developed under 
subsection (c) with each national strategy required under sub-
section (b). Consistent with the protection of classified informa-
tion, each such implementation plan shall be submitted in 
unclassified form, but may include a classified annex. 
(2) ANNUAL UPDATES.—The President shall submit to the 
majority leader of the Senate, the minority leader of the Senate, 
the Speaker of the House of Representatives, the majority 
leader of the House of Representatives, the minority leader 
of the House of Representatives, and the appropriate congres-
sional committees an annual updated implementation plan 
during the ten-year period beginning on the date of the enact-
ment of this Act. 
(e) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) in the House of Representatives— 
(A) the Committee on Homeland Security; 
(B) the Committee on Armed Services; 
(C) the Permanent Select Committee on Intelligence; 
(D) the Committee on the Judiciary; 
(E) the Committee on Foreign Affairs; 
(F) the Committee on Appropriations; and 
(2) in the Senate— 
(A) the Committee on Homeland Security and Govern-
mental Affairs; 
(B) the Committee on Armed Services; 
(C) the Select Committee on Intelligence; 
(D) the Committee on the Judiciary; 
(E) the Committee on Foreign Relations; and 
(F) the Committee on Appropriations. 
(f) SPECIAL RULE FOR CERTAIN RECEIPT.—The definition under 
subsection (e) shall be treated as including the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate for purposes of receipt of those portions of— 
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130 STAT. 2681 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) the national strategy (including updates thereto), and 
(2) the implementation plan (including updates thereto), 
required under this section that relate to maritime travel into 
and out of the United States. 
SEC. 1909. NATIONAL OPERATIONS CENTER. 
Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 
321d) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘emergency managers and decision 
makers’’ and inserting ‘‘emergency managers, decision mak-
ers, and other appropriate officials’’; and 
(B) by inserting ‘‘and steady-state activity’’ before the 
period at the end; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘and tribal governments’’ and 
inserting ‘‘tribal, and territorial governments, the pri-
vate sector, and international partners’’; 
(ii) by striking ‘‘in the event of’’ and inserting 
‘‘for events, threats, and incidents involving’’; and 
(iii) by striking ‘‘and’’ at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) enter into agreements with other Federal operations 
centers and other homeland security partners, as appropriate, 
to facilitate the sharing of information.’’; 
(4) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘Fire Service’’ 
and inserting ‘‘Emergency Responder’’; 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) ESTABLISHMENT
OF
POSITIONS.—The Secretary shall 
establish a position, on a rotating basis, for a representative 
of State and local emergency responders at the National Oper-
ations Center established under subsection (b) to ensure the 
effective sharing of information between the Federal Govern-
ment and State and local emergency response services.’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as paragraph (2). 
SEC. 1910. DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR 
INTERNATIONAL PROGRAMS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security 
shall submit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a comprehensive three-year 
strategy for international programs of the Department of Homeland 
Security in which personnel and resources of the Department are 
deployed abroad for vetting and screening of persons seeking to 
enter the United States. 
(b) CONTENTS.—The strategy required under subsection (a) 
shall include, at a minimum, the following: 
(1) Specific Department of Homeland Security risk-based 
goals for international programs of the Department in which 
personnel and resources of the Department are deployed abroad 
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130 STAT. 2682 
PUBLIC LAW 114–328—DEC. 23, 2016 
for vetting and screening of persons seeking to enter the United 
States. 
(2) A risk-based method for determining whether to estab-
lish new international programs in new locations, given 
resource constraints, or expand existing international programs 
of the Department, in which personnel and resources of the 
Department are deployed abroad for vetting and screening of 
persons seeking to enter the United States. 
(3) Alignment with the highest Department-wide and 
Government-wide strategic priorities of resource allocations on 
international programs of the Department in which personnel 
and resources of the Department are deployed abroad for vet-
ting and screening of persons seeking to enter the United 
States. 
(4) A common reporting framework for the submission of 
reliable, comparable cost data by components of the Department 
on overseas expenditures attributable to international programs 
of the Department in which personnel and resources of the 
Department are deployed abroad for vetting and screening of 
persons seeking to enter the United States. 
(c) CONSIDERATIONS.—In developing the strategy required 
under subsection (a), the Secretary of Homeland Security shall 
consider, at a minimum, the following: 
(1) Information on existing operations of international pro-
grams of the Department of Homeland Security in which per-
sonnel and resources of the Department are deployed abroad 
for vetting and screening of persons seeking to enter the United 
States that includes corresponding information for each location 
in which each such program operates. 
(2) The number of Department personnel deployed to each 
location at which an international program referred to in 
subparagraph (A) is in operation during the current and pre-
ceding fiscal year. 
(3) Analysis of the impact of each international program 
referred to in paragraph (1) on domestic activities of compo-
nents of the Department of Homeland Security. 
(4) Analysis of barriers to the expansion of an international 
program referred to in paragraph (1). 
(d) FORM.—The strategy required under subsection (a) shall 
be submitted in unclassified form but may contain a classified 
annex if the Secretary of Homeland Security determines that such 
is appropriate. 
SEC. 1911. STATE AND HIGH-RISK URBAN AREA WORKING GROUPS. 
Subsection (b) of section 2021 of the Homeland Security Act 
of 2002 (6 U.S.C. 611) is amended to read as follows: 
‘‘(b) PLANNING COMMITTEES.— 
‘‘(1) IN
GENERAL.—Any State or high-risk urban area 
receiving a grant under section 2003 or 2004 shall establish 
a State planning committee or urban area working group to 
assist in preparation and revision of the State, regional, or 
local homeland security plan or the threat and hazard identi-
fication and risk assessment, as the case may be, and to assist 
in determining effective funding priorities for grants under 
such sections. 
‘‘(2) COMPOSITION.— 
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130 STAT. 2683 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) IN GENERAL.—The State planning committees and 
urban area working groups referred to in paragraph (1) 
shall include at least one representative from each of the 
following significant stakeholders: 
‘‘(i) Local or tribal government officials. 
‘‘(ii) Emergency response providers, which shall 
include representatives of the fire service, law enforce-
ment, emergency medical services, and emergency 
managers. 
‘‘(iii) Public health officials and other appropriate 
medical practitioners. 
‘‘(iv) Individuals representing educational institu-
tions, including elementary schools, community col-
leges, and other institutions of higher education. 
‘‘(v) State and regional interoperable communica-
tions coordinators, as appropriate. 
‘‘(vi) State and major urban area fusion centers, 
as appropriate. 
‘‘(B) GEOGRAPHIC REPRESENTATION.—The members of 
the State planning committee or urban area working group, 
as the case may be, shall be a representative group of 
individuals from the counties, cities, towns, and Indian 
tribes within the State or high-risk urban area, including, 
as appropriate, representatives of rural, high-population, 
and high-threat jurisdictions. 
‘‘(3) EXISTING PLANNING COMMITTEES.—Nothing in this sub-
section may be construed to require that any State or high- 
risk urban area create a State planning committee or urban 
area working group, as the case may be, if that State or 
high-risk urban area has established and uses a multijuris-
dictional planning committee or commission that meets the 
requirements of this subsection.’’. 
SEC. 1912. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF 
HOMELAND SECURITY. 
(a) IN GENERAL.—Subtitle C of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after 
section 228 the following new section: 
‘‘SEC. 228A. CYBERSECURITY STRATEGY. 
‘‘(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this section, the Secretary shall develop a depart-
mental strategy to carry out cybersecurity responsibilities as set 
forth in law. 
‘‘(b) CONTENTS.—The strategy required under subsection (a) 
shall include the following: 
‘‘(1) Strategic and operational goals and priorities to 
successfully execute the full range of the Secretary’s cybersecu-
rity responsibilities. 
‘‘(2) Information on the programs, policies, and activities 
that are required to successfully execute the full range of the 
Secretary’s cybersecurity responsibilities, including programs, 
policies, and activities in furtherance of the following: 
‘‘(A) Cybersecurity functions set forth in the section 
227 (relating to the national cybersecurity and communica-
tions integration center). 
‘‘(B) Cybersecurity investigations capabilities. 
‘‘(C) Cybersecurity research and development. 
6 USC 149a. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(D) Engagement with international cybersecurity part-
ners. 
‘‘(c) CONSIDERATIONS.—In developing the strategy required 
under subsection (a), the Secretary shall— 
‘‘(1) consider— 
‘‘(A) the cybersecurity strategy for the Homeland Secu-
rity Enterprise published by the Secretary in November 
2011; 
‘‘(B) the Department of Homeland Security Fiscal Years 
2014–2018 Strategic Plan; and 
‘‘(C) the most recent Quadrennial Homeland Security 
Review issued pursuant to section 707; and 
‘‘(2) include information on the roles and responsibilities 
of components and offices of the Department, to the extent 
practicable, to carry out such strategy. 
‘‘(d) IMPLEMENTATION PLAN.—Not later than 90 days after the 
development of the strategy required under subsection (a), the 
Secretary shall issue an implementation plan for the strategy that 
includes the following: 
‘‘(1) Strategic objectives and corresponding tasks. 
‘‘(2) Projected timelines and costs for such tasks. 
‘‘(3) Metrics to evaluate performance of such tasks. 
‘‘(e) CONGRESSIONAL OVERSIGHT.—The Secretary shall submit 
to Congress for assessment the following: 
‘‘(1) A copy of the strategy required under subsection (a) 
upon issuance. 
‘‘(2) A copy of the implementation plan required under 
subsection (d) upon issuance, together with detailed information 
on any associated legislative or budgetary proposals. 
‘‘(f) CLASSIFIED INFORMATION.—The strategy required under 
subsection (a) shall be in an unclassified form but may contain 
a classified annex. 
‘‘(g) RULE
OF CONSTRUCTION.—Nothing in this section may 
be construed as permitting the Department to engage in monitoring, 
surveillance, exfiltration, or other collection activities for the pur-
pose of tracking an individual’s personally identifiable information. 
‘‘(h) DEFINITION.—In this section, the term ‘Homeland Security 
Enterprise’ means relevant governmental and nongovernmental 
entities involved in homeland security, including Federal, State, 
local, and tribal government officials, private sector representatives, 
academics, and other policy experts.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 is amended by inserting 
after the item relating to section 228 the following new item: 
‘‘Sec. 228A. Cybersecurity strategy.’’. 
SEC. 1913. EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, 
AND PROTECTION AND PREPAREDNESS. 
(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended— 
(1) in section 2 (6 U.S.C. 101)— 
(A) by redesignating paragraphs (9) through (18) as 
paragraphs (11) through (20), respectively; 
(B) by redesignating paragraphs (7) and (8) as para-
graphs (8) and (9), respectively; 
(C) by inserting after paragraph (6) the following new 
paragraph: 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(7) The term ‘EMP’ means an electromagnetic pulse caused 
by a nuclear device or nonnuclear device, including such a 
pulse caused by an act of terrorism.’’; and 
(D) by inserting after paragraph (9), as so redesignated, 
the following new paragraph: 
‘‘(10) The term ‘GMD’ means a geomagnetic disturbance 
caused by a solar storm or another naturally occurring phe-
nomenon.’’; 
(2) in subsection (d) of section 201 (6 U.S.C. 121), by 
adding at the end the following new paragraph: 
‘‘(26)(A) Not later than six months after the date of the 
enactment of this paragraph, to conduct an intelligence-based 
review and comparison of the risks and consequences of EMP 
and GMD facing critical infrastructure, and submit to the Com-
mittee on Homeland Security and the Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Select Committee on Intelligence of the 
Senate— 
‘‘(i) a recommended strategy to protect and prepare 
the critical infrastructure of the homeland against 
threats of EMP and GMD; and 
‘‘(ii) not less frequently than every two years there-
after for the next six years, updates of the rec-
ommended strategy. 
‘‘(B) The recommended strategy under subparagraph 
(A) shall— 
‘‘(i) be based on findings of the research and 
development conducted under section 319; 
‘‘(ii) be developed in consultation with the relevant 
Federal sector-specific agencies (as defined under 
Presidential Policy Directive-21) for critical infrastruc-
ture; 
‘‘(iii) be developed in consultation with the relevant 
sector coordinating councils for critical infrastructure; 
‘‘(iv) be informed, to the extent practicable, by 
the findings of the intelligence-based review and 
comparison of the risks and consequences of EMP and 
GMD facing critical infrastructure conducted under 
subparagraph (A); and 
‘‘(v) be submitted in unclassified form, but may 
include a classified annex. 
‘‘(C) The Secretary may, if appropriate, incorporate 
the recommended strategy into a broader recommendation 
developed by the Department to help protect and prepare 
critical infrastructure from terrorism, cyber attacks, and 
other threats if, as incorporated, the recommended strategy 
complies with subparagraph (B).’’; 
(3) in title III (6 U.S.C. 181 et seq.), by adding at the 
end the following new section: 
‘‘SEC. 319. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—In furtherance of domestic preparedness and 
response, the Secretary, acting through the Under Secretary for 
Science and Technology, and in consultation with other relevant 
executive agencies, relevant State, local, and tribal governments, 
and relevant owners and operators of critical infrastructure, shall, 
6 USC 195f. 
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130 STAT. 2686 
PUBLIC LAW 114–328—DEC. 23, 2016 
to the extent practicable, conduct research and development to 
mitigate the consequences of threats of EMP and GMD. 
‘‘(b) SCOPE.—The scope of the research and development under 
subsection (a) shall include the following: 
‘‘(1) An objective scientific analysis— 
‘‘(A) evaluating the risks to critical infrastructure from 
a range of threats of EMP and GMD; and 
‘‘(B) which shall— 
‘‘(i) be conducted in conjunction with the Office 
of Intelligence and Analysis; and 
‘‘(ii) include a review and comparison of the range 
of threats and hazards facing critical infrastructure 
of the electrical grid. 
‘‘(2) Determination of the critical utilities and national 
security assets and infrastructure that are at risk from threats 
of EMP and GMD. 
‘‘(3) An evaluation of emergency planning and response 
technologies that would address the findings and recommenda-
tions of experts, including those of the Commission to Assess 
the Threat to the United States from Electromagnetic Pulse 
Attack, which shall include a review of the feasibility of rapidly 
isolating one or more portions of the electrical grid from the 
main electrical grid. 
‘‘(4) An analysis of technology options that are available 
to improve the resiliency of critical infrastructure to threats 
of EMP and GMD, including an analysis of neutral current 
blocking devices that may protect high-voltage transmission 
lines. 
‘‘(5) The restoration and recovery capabilities of critical 
infrastructure under differing levels of damage and disruption 
from various threats of EMP and GMD, as informed by the 
objective scientific analysis conducted under paragraph (1). 
‘‘(6) An analysis of the feasibility of a real-time alert system 
to inform electrical grid operators and other stakeholders within 
milliseconds of a high-altitude nuclear explosion. 
‘‘(c) EXEMPTION FROM DISCLOSURE.— 
‘‘(1) INFORMATION
SHARED
WITH
THE
FEDERAL
GOVERN-
MENT.—Section 214, and any regulations issued pursuant to 
such section, shall apply to any information shared with the 
Federal Government under this section. 
‘‘(2) INFORMATION SHARED BY THE FEDERAL GOVERNMENT.— 
Information shared by the Federal Government with a State, 
local, or tribal government under this section shall be exempt 
from disclosure under any provision of State, local, or tribal 
freedom of information law, open government law, open 
meetings law, open records law, sunshine law, or similar law 
requiring the disclosure of information or records.’’; and 
(4) in title V (6 U.S.C. 311 et seq.), by adding at the 
end the following new section: 
‘‘SEC. 527. NATIONAL PLANNING AND EDUCATION. 
‘‘The Secretary shall, to the extent practicable— 
‘‘(1) include in national planning frameworks the threat 
of an EMP or GMD event; and 
‘‘(2) conduct outreach to educate owners and operators of 
critical infrastructure, emergency planners, and emergency 
6 USC 321p. 
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130 STAT. 2687 
PUBLIC LAW 114–328—DEC. 23, 2016 
response providers at all levels of government regarding threats 
of EMP and GMD.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The table of contents in section 1(b) of the Homeland 
Security Act of 2002 is amended— 
(A) by inserting after the item relating to section 317 
the following new item: 
‘‘Sec. 319. EMP and GMD mitigation research and development.’’; and 
(B) by inserting after the item relating to section 525 
the following: 
‘‘Sec. 526. Integrated Public Alert and Warning System modernization. 
‘‘Sec. 527. National planning and education.’’. 
(2) Section 501(13) of the Homeland Security Act of 2002 
(6 U.S.C. 311(13)) is amended by striking ‘‘section 2(11)(B)’’ 
and inserting ‘‘section 2(13)(B)’’. 
(3) Section 712(a) of title 14, United States Code, is 
amended by striking ‘‘section 2(16) of the Homeland Security 
Act of 2002 (6 U.S.C. 101(16))’’ and inserting ‘‘section 2 of 
the Homeland Security Act of 2002 (6 U.S.C. 101)’’. 
(c) DEADLINE FOR INITIAL RECOMMENDED STRATEGY.—Not later 
than one year after the date of the enactment of this section, 
the Secretary of Homeland Security shall submit the recommended 
strategy required under paragraph (26) of section 201(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(d)), as added by 
this section. 
(d) REPORT.—Not later than 180 days after the date of the 
enactment of this section, the Secretary of Homeland Security shall 
submit to Congress a report describing the progress made in, and 
an estimated date by which the Department of Homeland Security 
will have completed— 
(1) including threats of EMP and GMD (as those terms 
are defined in section 2 of the Homeland Security Act of 2002, 
as amended by this section) in national planning, as described 
in section 527 of the Homeland Security Act of 2002, as added 
by this section; 
(2) research and development described in section 319 of 
the Homeland Security Act of 2002, as added by this section; 
(3) development of the recommended strategy required 
under paragraph (26) of section 201(d) of the Homeland Security 
Act of 2002 (6 U.S.C. 121(d)), as added by this section; and 
(4) beginning to conduct outreach to educate emergency 
planners and emergency response providers at all levels of 
government regarding threats of EMP and GMD events. 
(e) NO REGULATORY AUTHORITY.—Nothing in this section, 
including the amendments made by this section, shall be construed 
to grant any regulatory authority. 
(f) NO NEW AUTHORIZATION OF APPROPRIATIONS.—This section, 
including the amendments made by this section, may be carried 
out only by using funds appropriated under the authority of other 
laws. 
6 USC 101 note. 
6 USC 121 note. 
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130 STAT. 2688 
PUBLIC LAW 114–328—DEC. 23, 2016 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construction 
Authorization Act for Fiscal Year 2017’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVII and title XXIX for military construction 
projects, land acquisition, family housing projects and facilities, 
and contributions to the North Atlantic Treaty Organization Secu-
rity Investment Program (and authorizations of appropriations 
therefor) shall expire on the later of— 
(1) October 1, 2019; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2020. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2019; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2020 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program. 
SEC. 2003. EFFECTIVE DATE. 
Titles XXI through XXVII and title XXIX shall take effect 
on the later of— 
(1) October 1, 2016; or 
(2) the date of the enactment of this Act. 
TITLE XXI—ARMY MILITARY 
CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Authorization of appropriations, Army. 
Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects. 
Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2103(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table: 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2017. 
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130 STAT. 2689 
PUBLIC LAW 114–328—DEC. 23, 2016 
Army: Inside the United States 
State 
Installation 
Amount 
Alaska .....................
Fort Wainwright .......................................
$47,000,000 
California ................
Concord .....................................................
$12,600,000 
Colorado ..................
Fort Carson ...............................................
$13,100,000 
Georgia ....................
Fort Gordon ..............................................
$100,600,000 
Fort Stewart .............................................
$14,800,000 
Missouri ..................
Fort Leonard Wood ..................................
$6,900,000 
Texas .......................
Fort Hood ..................................................
$7,600,000 
Utah ........................
Camp Williams .........................................
$7,400,000 
Virginia ...................
Fort Belvoir ..............................................
$23,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2103(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Army may acquire real property and carry out the 
military construction project for the installations or locations outside 
the United States, and in the amount, set forth in the following 
table: 
Army: Outside the United States 
Country 
Installation 
Amount 
Cuba ........................
Guantanamo Bay ......................................
$33,000,000 
Germany ...................
East Camp Grafenwoehr ..........................
$22,000,000 
Garmisch ...................................................
$9,600,000 
Wiesbaden Army Airfield .........................
$19,200,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2103(a) and available for military family housing functions as speci-
fied in the funding table in section 4601, the Secretary of the 
Army may construct or acquire family housing units (including 
land acquisition and supporting facilities) at the installations or 
locations, in the number of units, and in the amounts set forth 
in the following table: 
Army: Family Housing 
State/Country 
Installation 
Units 
Amount 
Korea ..................
Camp Hum-
phreys ............
Family Housing 
New Construc-
tion .................
$297,000,000 
Camp Walker ....
Family Housing 
New Construc-
tion .................
$54,554,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2103(a) 
and available for military family housing functions as specified 
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130 STAT. 2690 
PUBLIC LAW 114–328—DEC. 23, 2016 
in the funding table in section 4601, the Secretary of the Army 
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of family housing units in an amount not to exceed $2,618,000. 
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2016, for military construction, land acquisition, and 
military family housing functions of the Department of the Army 
as specified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed the total amount authorized to 
be appropriated under subsection (a), as specified in the funding 
table in section 4601. 
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2014 PROJECT. 
In the case of the authorization contained in the table in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 986) 
for Joint Base Lewis-McChord, Washington, for construction of an 
aircraft maintenance hangar at the installation, the Secretary of 
the Army may construct an aircraft washing apron. 
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2013 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112-239; 126 Stat. 2118), the authorizations set 
forth in the table in subsection (b), as provided in section 2101 
of that Act (126 Stat. 2119) and extended by section 2107 of the 
Military Construction Authorization Act for Fiscal Year 2016 (divi-
sion B of Public Law 114–92; 129 Stat. 1148), shall remain in 
effect until October 1, 2017, or the date of the enactment of an 
Act authorizing funds for military construction for fiscal year 2018, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2013 Project Authorizations 
State/Country 
Installation or 
Location 
Project 
Amount 
Kansas ...............
Fort Riley .........
Unmanned Aer-
ial Vehicle 
Complex ........
$12,200,000 
Virginia ..............
Fort Belvoir ......
Secure Admin/ 
Operations 
Facility ..........
$172,200,000 
Italy ....................
Camp Ederle ....
Barracks ...........
$36,000,000 
Japan .................
Sagami ..............
Vehicle Mainte-
nance Shop ....
$18,000,000 
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130 STAT. 2691 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2014 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2014 (division B 
of Public Law 113–66; 127 Stat. 985), the authorizations set forth 
in the table in subsection (b), as provided in section 2101 of that 
Act (127 Stat. 986) shall remain in effect until October 1, 2017, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2018, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2014 Project Authorizations 
State or Country 
Installation or 
Location 
Project 
Amount 
Maryland ...........
Fort Detrick ......
Entry Control 
Point ..............
$2,500,000 
Marshall Islands 
Kwajalein Atoll 
Pier ....................
$63,000,000 
Japan .................
Kyotango City ..
Company Oper-
ations Com-
plex ................
$33,000,000 
TITLE XXII—NAVY MILITARY 
CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects. 
Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects. 
Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Arizona ................
Yuma .................................................
$48,355,000 
California .............
Coronado ...........................................
$104,501,000 
Lemoore ............................................
$26,723,000 
Miramar ............................................
$193,600,000 
Seal Beach ........................................
$21,007,000 
Florida .................
Eglin Air Force Base .......................
$20,489,000 
Guam ...................
Joint Region Marianas ....................
$89,185,000 
Hawaii .................
Barking Sands .................................
$43,384,000 
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130 STAT. 2692 
PUBLIC LAW 114–328—DEC. 23, 2016 
Navy: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Kaneohe Bay ....................................
$72,565,000 
Maine ...................
Kittery ..............................................
$47,892,000 
Maryland .............
Patuxent River .................................
$40,576,000 
Nevada .................
Fallon ................................................
$13,523,000 
North Carolina ....
Camp Lejeune ..................................
$18,482,000 
Cherry Point Marine Corps Air 
Station ...........................................
$12,515,000 
South Carolina ....
Beaufort ............................................
$83,490,000 
Parris Island ....................................
$29,882,000 
Virginia ................
Norfolk ..............................................
$27,000,000 
Washington .........
Bangor ..............................................
$113,415,000 
Bremerton ........................................
$6,704,000 
Whidbey Island ................................
$75,976,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Navy may acquire real property and carry out military 
construction projects for the installation or location outside the 
United States, and in the amounts, set forth in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Japan ...................
Kadena Air Base ..............................
$26,489,000 
Sasebo ...............................................
$16,420,000 
Spain ....................
Rota ...................................................
$23,607,000 
Worldwide Un-
specified ...........
Unspecified Worldwide Locations ...
$41,380,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a) and available for military family housing functions as speci-
fied in the funding table in section 4601, the Secretary of the 
Navy may construct or acquire family housing units (including 
land acquisition and supporting facilities) at the installation or 
location, in the number of units, and in the amount set forth 
in the following table: 
Navy: Family Housing 
State 
Installation or Location 
Units 
Amount 
Mariana Is-
lands ......
Guam .............................
Replace An-
dersen Hous-
ing PH 1 
$78,815,000 
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130 STAT. 2693 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(a) 
and available for military family housing functions as specified 
in the funding table in section 4601, the Secretary of the Navy 
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of family housing units in an amount not to exceed $4,149,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a) and available for military family housing 
functions as specified in the funding table in section 4601, the 
Secretary of the Navy may improve existing military family housing 
units in an amount not to exceed $11,047,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2016, for military construction, land acquisition, and 
military family housing functions of the Department of the Navy, 
as specified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed the total amount authorized to 
be appropriated under subsection (a), as specified in the funding 
table in section 4601. 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2014 PROJECT. 
In the case of the authorization contained in the table in 
section 2201 of the Military Construction Authorization Act for 
Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989) 
for Pearl City, Hawaii, for construction of a water transmission 
line at that location, the Secretary of the Navy may construct 
a 591-meter (1,940-foot) long 16-inch diameter water transmission 
line as part of the network required to provide the main water 
supply to Joint Base Pearl Harbor-Hickam, Hawaii. 
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2013 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112–239; 126 Stat. 2118), the authorizations set 
forth in the table in subsection (b), as provided in section 2201 
of that Act (126 Stat. 2122) and extended by section 2206 of the 
Military Construction Authorization Act for Fiscal Year 2016 (divi-
sion B of Public Law 114–92; 129 Stat. 1151), shall remain in 
effect until October 1, 2017, or the date of the enactment of an 
Act authorizing funds for military construction for fiscal year 2018, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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130 STAT. 2694 
PUBLIC LAW 114–328—DEC. 23, 2016 
Navy: Extension of 2013 Project Authorizations 
State/Country 
Installation or 
Location 
Project 
Amount 
California ............
Camp Pendleton 
Comm. Informa-
tion Systems 
Ops Complex
$78,897,000 
Greece .................
Souda Bay .........
Intermodal Ac-
cess Road .......
$4,630,000 
South Carolina ...
Beaufort ............
Recycling/Haz-
ardous Waste 
Facility ...........
$3,743,000 
Worldwide 
Unspecified .....
Various World-
wide Locations 
BAMS Oper-
ational Facili-
ties .................
$34,048,000 
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2014 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2014 (division B 
of Public Law 113–66; 127 Stat. 985), the authorizations set forth 
in the table in subsection (b), as provided in section 2201 of that 
Act (127 Stat. 989), shall remain in effect until October 1, 2017, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2018, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Navy: Extension of 2014 Project Authorizations 
State/Country 
Installation or 
Location 
Project 
Amount 
Hawaii ................
Kaneohe ............
Aircraft Mainte-
nance Hangar 
Upgrades .......
$31,820,000 
Pearl City ..........
Water Trans-
mission Line ..
$30,100,000 
Illinois .................
Great Lakes ......
Unaccompanied 
Housing ..........
$35,851,000 
Maine ..................
Bangor ...............
NCTAMS VLF 
Commercial 
Power Connec-
tion .................
$13,800,000 
Nevada ................
Fallon ................
Wastewater 
Treatment 
Plant ..............
$11,334,000 
Virginia ...............
Quantico ............
Academic In-
struction Fa-
cility TECOM 
Schools ...........
$25,731,000 
Quantico ............
Fuller Road Im-
provements ....
$9,013,000 
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130 STAT. 2695 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 2208. STATUS OF ‘‘NET NEGATIVE’’ POLICY REGARDING NAVY 
ACREAGE ON GUAM . 
(a) REPORT ON STATUS.— 
(1) REPORT.—Not later than 6 months after the date of 
the enactment of this Act, the Secretary of the Navy shall 
submit a report to the congressional defense committees 
regarding the status of the implementation of the ‘‘net negative’’ 
policy regarding the total number of acres of the real property 
controlled by the Department of the Navy on Guam, as 
described in subsection (b). 
(2) CONTENTS.—The report required under paragraph (1) 
shall include the following information: 
(A) A description of the real property controlled by 
the Navy on Guam which the Navy has transferred to 
the control of Guam after January 20, 2011, or which 
the Navy plans to transfer to the control of Guam, as 
well as a description of the specific legal authority under 
which the Navy has transferred or will transfer each such 
property. 
(B) The methodology and process the Navy will use 
to determine the total number of acres of real property 
that the Navy will transfer or has transferred to the control 
of Guam as part of the ‘‘net negative’’ policy, and the 
date on which the Navy will transfer or has transferred 
control of any such property. 
(C) A description of the real property controlled by 
the Navy on Guam which the Navy plans to retain under 
its control and the reasons for retaining such property, 
including a detailed explanation of the reasons for retaining 
any such property which has not been developed or for 
which no development has been proposed under the current 
installation master plans for major military installations 
(as described in section 2864 of title 10, United States 
Code). 
(3) EXCLUSION OF CERTAIN PROPERTY.—In preparing and 
submitting the report under this subsection, the Secretary may 
not take into account any real property which has been trans-
ferred to the Government of Guam prior to January 20, 2011, 
to include property under the Guam Excess Lands Act (Public 
Law 103–339) or the Guam Land Use Plan (GLUP) 1977, 
or pursuant to base realignment and closure authorized under 
the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 
(b) POLICY DESCRIBED.—The ‘‘net negative’’ policy described 
in this section is the policy of the Secretary of the Navy, as 
expressed in the statement released by Under Secretary of the 
Navy on January 20, 2011, that the relocation of Marines to Guam 
occurring during 2011 will not cause the total number of acres 
of real property controlled by the Navy on Guam upon the comple-
tion of such relocation to exceed the total number of acres of 
real property controlled by the Navy on Guam prior to such reloca-
tion. 
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130 STAT. 2696 
PUBLIC LAW 114–328—DEC. 23, 2016 
TITLE XXIII—AIR FORCE MILITARY 
CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project. 
Sec. 2306. Extension of authorization of certain fiscal year 2013 project. 
Sec. 2307. Extension of authorization of certain fiscal year 2014 project. 
Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations inside 
the United States, and in the amounts, set forth in the following 
table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alabama .........................
Maxwell Air Force Base ..
$15,000,000 
Alaska ............................
Clear Air Force Station ...
$20,000,000 
Eielson Air Force Base ....
$295,600,000 
Joint Base Elmendorf- 
Richardson ....................
$29,000,000 
Arizona ..........................
Luke Air Force Base ........
$20,000,000 
California .......................
Edwards Air Force Base
$24,000,000 
Colorado .........................
Buckley Air Force Base ...
$13,500,000 
Delaware ......................
Dover Air Force Base ......
$39,000,000 
Florida ...........................
Eglin Air Force Base .......
$123,600,000 
Patrick Air Force Base ....
$13,500,000 
Georgia ..........................
Moody Air Force Base .....
$30,900,000 
Guam .............................
Joint Region Marianas ....
$80,658,000 
Illinois ............................
Scott Air Force Base ........
$41,000,000 
Kansas ...........................
McConnell Air Force Base 
$19,800,000 
Louisiana .......................
Barksdale Air Force Base 
$21,000,000 
Maryland .......................
Joint Base Andrews .........
$66,500,000 
Massachusetts ...............
Hanscom Air Force Base
$30,965,000 
Montana ........................
Malmstrom Air Force 
Base.
$14,600,000 
Nevada ...........................
Nellis Air Force Base ......
$10,600,000 
New Mexico ...................
Cannon Air Force Base ...
$21,000,000 
Holloman Air Force Base 
$10,600,000 
Kirtland Air Force Base ..
$7,300,000 
Ohio ................................
Wright-Patterson Air 
Force Base ....................
$12,600,000 
Oklahoma ......................
Altus Air Force Base .......
$11,600,000 
Tinker Air Force Base .....
$43,000,000 
South Carolina ..............
Joint Base Charleston .....
$17,000,000 
Texas ..............................
Joint Base San Antonio ...
$67,300,000 
Utah ...............................
Hill Air Force Base ..........
$44,500,000 
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130 STAT. 2697 
PUBLIC LAW 114–328—DEC. 23, 2016 
Air Force: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Virginia ..........................
Joint Base Langley- 
Eustis.
$59,200,000 
Washington ...................
Fairchild Air Force Base
$27,000,000 
Wyoming ........................
F.E. Warren Air Force 
Base.
$5,550,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Air Force may acquire real property and carry out 
military construction projects for the installation or location outside 
the United States, and in the amount, set forth in the following 
table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Australia ........................
Darwin ..............................
$30,400,000 
Germany ........................
Ramstein Air Base ...........
$13,437,000 
Spangdahlem Air Base ....
$43,465,000 
Japan .............................
Kadena Air Base ..............
$19,815,000 
Yokota Air Base ...............
$32,020,000 
Mariana Islands ............
Unspecified Location .......
$9,000,000 
Turkey ...........................
Incirlik Air Base ..............
$13,449,000 
United Arab Emirates ..
Al Dhafra ..........................
$35,400,000 
United Kingdom ............
Royal Air Force 
Croughton.
$69,582,00 
SEC. 2302. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(a) and available for military family 
housing functions as specified in the funding table in section 4601, 
the Secretary of the Air Force may carry out architectural and 
engineering services and construction design activities with respect 
to the construction or improvement of family housing units in 
an amount not to exceed $4,368,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a) and available for military family housing 
functions as specified in the funding table in section 4601, the 
Secretary of the Air Force may improve existing military family 
housing units in an amount not to exceed $56,984,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2016, for military construction, land acquisition, and 
military family housing functions of the Department of the Air 
Force, as specified in the funding table in section 4601. 
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130 STAT. 2698 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed the total amount authorized to 
be appropriated under subsection (a), as specified in the funding 
table in section 4601. 
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2016 PROJECT. 
In the case of the authorization contained in the table in 
section 2301(a) of the Military Construction Authorization Act for 
Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) 
for Malmstrom Air Force Base, Montana, for construction of a 
Tactical Response Force Alert Facility at the installation, the Sec-
retary of the Air Force may construct an emergency power generator 
system consistent with the Air Force’s construction guidelines. 
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2013 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112–239; 126 Stat. 2118), the authorization set forth 
in the table in subsection (b), as provided in section 2301 of that 
Act (126 Stat. 2126) and extended by section 2309 of the Military 
Construction Authorization Act for Fiscal Year 2016 (division B 
of Public Law 114–92; 129 Stat. 1155), shall remain in effect until 
October 1, 2017, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2018, whichever is 
later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2013 Project Authorization 
State/Country 
Installation or 
Location 
Project 
Amount 
Portugal ..............
Lajes Field ........
Sanitary Sewer 
Lift/Pump Sta-
tion .................
$2,000,000 
SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2014 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2014 (division B 
of Public Law 113–66; 127 Stat. 985), the authorization set forth 
in the table in subsection (b), as provided in section 2301 of that 
Act (127 Stat. 992), shall remain in effect until October 1, 2017, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2018, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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130 STAT. 2699 
PUBLIC LAW 114–328—DEC. 23, 2016 
Air Force: Extension of 2014 Project Authorizations 
Country 
Installation or 
Location 
Project 
Amount 
Worldwide Un-
specified (Italy) 
Aviano Air Base 
Guardian Angel 
Operations 
Facility ...........
$22,047,000 
SEC. 
2308. 
RESTRICTION 
ON 
ACQUISITION 
OF 
PROPERTY 
IN 
NORTHERN MARIANA ISLANDS. 
The Secretary of the Air Force may not use any of the amounts 
authorized to be appropriated under section 2304 to acquire prop-
erty or interests in property at an unspecified location in the 
Commonwealth of the Northern Mariana Islands, as specified in 
the funding table set forth in section 2301(b) and the funding 
table in section 4601, until the congressional defense committees 
have received from the Secretary a report providing the following 
information: 
(1) The specific location of the property or interest in prop-
erty to be acquired. 
(2) The total cost, scope, and location of the military 
construction projects and the acquisition of property or interests 
in property required to support the Secretary’s proposed divert 
activities and exercises in the Commonwealth of the Northern 
Mariana Islands. 
(3) An analysis of any alternative locations that the Sec-
retary considered acquiring, including other locations or 
interests within the Commonwealth of the Northern Mariana 
Islands or the Freely Associated States. For purposes of this 
paragraph, the term ‘‘Freely Associated States’’ means the 
Republic of the Marshall Islands, the Federated States of Micro-
nesia, and the Republic of Palau. 
TITLE XXIV—DEFENSE AGENCIES 
MILITARY CONSTRUCTION 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Authorized energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects. 
Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table: 
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130 STAT. 2700 
PUBLIC LAW 114–328—DEC. 23, 2016 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
Alaska ...............................
Clear Air Force Station ...............
$155,000,000 
Fort Greely ...................................
$9,560,000 
Joint Base Elmendorf-Richard-
son .............................................
$4,900,000 
Arizona ..............................
Fort Huachuca .............................
$4,493,000 
California ..........................
Coronado .......................................
$175,412,000 
Travis Air Force Base ..................
$26,500,000 
Delaware ...........................
Dover Air Force Base ...................
$44,115,000 
Florida ...............................
Patrick Air Force Base ................
$10,100,000 
Georgia ..............................
Fort Benning ................................
$4,820,000 
Fort Gordon ..................................
$25,000,000 
Maine ................................
Portsmouth ...................................
$27,100,000 
Maryland ...........................
Bethesda Naval Hospital .............
$510,000,000 
Fort Meade ...................................
$38,000,000 
Missouri ............................
St. Louis ........................................
$801,000 
North Carolina .................
Camp Lejeune ..............................
$31,000,000 
Fort Bragg ....................................
$86,593,000 
South Carolina ..................
Joint Base Charleston .................
$17,000,000 
Texas .................................
Red River Army Depot ................
$44,700,000 
Sheppard Air Force Base ............
$91,910,000 
Virginia .............................
Pentagon .......................................
$20,216,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table: 
Defense Agencies: Outside the United States 
Country 
Installation or Location 
Amount 
Diego Garcia ..........
Diego Garcia ............................................
$30,000,000 
Germany .................
Kaiserslautern ........................................
$45,221,000 
Japan ......................
Ikakuni ....................................................
$6,664,000 
Kadena Air Base .....................................
$161,224,000 
Yokota Air Base ......................................
$113,731,000 
Kwajalein ...............
Kwajalein Atoll .......................................
$85,500,000 
United Kingdom ....
Royal Air Force Croughton ....................
$71,424,000 
Royal Air Force Lakenheath ..................
$13,500,000 
Wake Island ...........
Wake Island ............................................
$11,670,000 
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for energy conservation projects as specified in the 
funding table in section 4601, the Secretary of Defense may carry 
out energy conservation projects under chapter 173 of title 10, 
United States Code, in the amount set forth in the following table: 
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130 STAT. 2701 
PUBLIC LAW 114–328—DEC. 23, 2016 
Energy Conservation Projects: Inside the United States 
State 
Installation or Location 
Amount 
California ...............
Edwards Air Force Base ........................
$8,400,000 
Naval Base San Diego ............................
$4,230,000 
Fort Hunter Liggett ................................
$5,400,000 
Colorado .................
Fort Carson .............................................
$5,000,000 
Schriever Air Force Base .......................
$3,295,000 
Florida ....................
SUBASE Kings Bay NAS Jacksonville
$3,230,000 
Guam ......................
NAVBASE Guam ....................................
$8,540,000 
Hawaii ....................
NSAH Wahiawa Kunia Oahu ................
$14,890,000 
Ohio ........................
Wright Patterson Air Force Base ..........
$14,400,000 
Utah ........................
Dugway Proving Ground ........................
$7,500,000 
Tooele Army Depot .................................
$8,200,000 
Various Locations ..
Various Locations ...................................
$28,088,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for energy conservation projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may carry out energy conservation projects under 
chapter 173 of title 10, United States Code, for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
Energy Conservation Projects: Outside the United States 
Country 
Installation or Location 
Amount 
Cuba .......................
Guantanamo Bay ....................................
$6,080,000 
Diego Garcia ..........
NSF Diego Garcia ...................................
$17,010,000 
Japan ......................
Kadena Air Base .....................................
$4,007,000 
Misawa Air Base .....................................
$5,315,000 
Spain .......................
Rota ..........................................................
$3,710,000 
Various Locations ..
Various Locations ...................................
$2,705,000 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2016, for military construction, land acquisition, and 
military family housing functions of the Department of Defense 
(other than the military departments), as specified in the funding 
table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the total amount authorized to 
be appropriated under subsection (a), as specified in the funding 
table in section 4601. 
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2014 PROJECT. 
In the case of the authorization in the table in section 2401(b) 
of the Military Construction Authorization Act for Fiscal Year 2014 
(division B of Public Law 113–66; 127 Stat. 996), for Royal Air 
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130 STAT. 2702 
PUBLIC LAW 114–328—DEC. 23, 2016 
Force Lakenheath, United Kingdom, for construction of a high 
school, the Secretary of Defense may construct a combined middle/ 
high school. 
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2013 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112–239; 126 Stat. 2118), the authorizations set 
forth in the table in subsection (b), as provided in section 2401 
of that Act (126 Stat. 2127) and amended by section 2406(a) of 
the Military Construction Authorization Act for Fiscal Year 2016 
(division B of Public Law 114–92; 129 Stat. 1160), shall remain 
in effect until October 1, 2017, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
2018, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Defense Agencies: Extension of 2013 Project Authorizations 
State/Country 
Installation or 
Location 
Project 
Amount 
Japan ..................
Camp Zama .......
Renovate Zama 
High School ...
$13,273,000 
Pennsylvania ......
New Cum-
berland ...........
Replace res-
ervoir ..............
$4,300,000 
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2014 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2014 (division B 
of Public Law 113–66; 127 Stat. 985), the authorizations set forth 
in the table in subsection (b), as provided in section 2401 of that 
Act (127 Stat. 995), shall remain in effect until October 1, 2017, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2018, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Defense Agencies: Extension of 2014 Project Authorizations 
State/Country 
Installation or 
Location 
Project 
Amount 
California ............
Brawley .............
SOF Desert 
Warfare 
Training Cen-
ter ...................
$23,095,000 
Germany .............
Kaiserslautern ..
Replace 
Kaiserslautern 
Elementary 
School .............
$49,907,000 
Ramstein Air 
Base ...............
Replace 
Ramstein 
High School ...
$98,762,000 
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130 STAT. 2703 
PUBLIC LAW 114–328—DEC. 23, 2016 
Defense Agencies: Extension of 2014 Project Authorizations—Continued 
State/Country 
Installation or 
Location 
Project 
Amount 
Hawaii ................
Joint Base Pearl 
Harbor- 
Hickam ..........
DISA Pacific Fa-
cility Upgrade 
$2,615,000 
Massachusetts ....
Hanscom Air 
Force Base .....
Replace 
Hanscom Pri-
mary School ...
$36,213,000 
United Kingdom
RAF 
Lakenheath ...
Replace 
Lakenheath 
High School ...
$69,638,000 
Virginia ...............
Marine Corps 
Base Quantico 
Replace 
Quantico Mid-
dle/High 
School .............
$40,586,000 
Pentagon ...........
PFPA Support 
Operations 
Center ............
$14,800,000 
Pentagon ...........
Raven Rock Ad-
ministrative 
Facility Up-
grade ..............
$32,000,000 
Pentagon ...........
Boundary Chan-
nel Access 
Control Point
$6,700,000 
TITLE XXV—INTERNATIONAL 
PROGRAMS 
Subtitle A—North Atlantic Treaty Organization Security Investment Program 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
Subtitle B—Host Country In-Kind Contributions 
Sec. 2511. Republic of Korea funded construction projects. 
Subtitle A—North Atlantic Treaty Organi-
zation Security Investment Program 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
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130 STAT. 2704 
PUBLIC LAW 114–328—DEC. 23, 2016 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2016, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
Program authorized by section 2501 as specified in the funding 
table in section 4601. 
Subtitle B—Host Country In-Kind 
Contributions 
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. 
Pursuant to agreement with the Republic of Korea for required 
in-kind contributions, the Secretary of Defense may accept military 
construction projects for the installations or locations, and in the 
amounts, set forth in the following table: 
Republic of Korea Funded Construction Projects 
Country 
Compo-
nent 
Installation 
or Location 
Project 
Amount 
Korea ....
Army ........
CP Tango ....
Repair Collective 
Protection Sys-
tem (CPS) ........
$11,600,000 
Army ........
Camp Hum-
phreys ......
Duplex Company 
Operations, 
Zoeckler Sta-
tion ...................
$10,200,00 
Army ........
Camp Hum-
phreys ......
Vehicle Mainte-
nance Facility 
& Company 
Ops Complex 
(3rd CAB) ........
$49,500,000 
Army ........
Camp Hum-
phreys ......
8th Army Correc-
tional Facility ..
$14,600,000 
Navy ........
Camp Mujuk 
Marine Air 
Ground Task 
Force Oper-
ations Center ...
$68,000,000 
Navy ........
Camp Mujuk 
Camp Mujuk Life 
Support Area 
(LSA) Barracks 
#2 .....................
$14,100,000 
Navy ........
Camp Mujuk 
Camp Mujuk Life 
Support Area 
(LSA) Barracks 
#3 .....................
$14,100,000 
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130 STAT. 2705 
PUBLIC LAW 114–328—DEC. 23, 2016 
Republic of Korea Funded Construction Projects—Continued 
Country 
Compo-
nent 
Installation 
or Location 
Project 
Amount 
Air Force
Kunsan Air 
Base .........
3rd Generation 
Hardened Air-
craft Shelters 
(HAS); Phases 
4, 5, 6 ...............
$132,500,000 
Air Force
Kunsan Air 
Base .........
Upgrade Elec-
trical Distribu-
tion System .....
$13,000,000 
Air Force
Osan Air 
Base .........
Construct Korea 
Air Operations 
Center ..............
$160,000,000 
Air Force
Osan Air 
Base .........
Air Freight Ter-
minal Facility ..
$40,000,000 
Air Force
Osan Air 
Base .........
Construct F-16 
Quick Turn Pad 
$7,500,000 
Defense- 
Wide .....
Camp Car-
roll ............
Sustainment Fa-
cilities Upgrade 
Phase I – DLA 
Warehouse .......
$74,600,000 
Defense- 
Wide .....
USAG Hum-
phreys ......
Elementary 
School ...............
$42,000,000 
Defense- 
Wide .....
Icheon Spe-
cial War-
fare Com-
mand ........
Special Oper-
ations Com-
mand, Korea 
(SOCKOR) 
Contingency 
Operations 
Center and 
Barracks ..........
$9,900,000 
Defense- 
Wide .....
K–16 Air 
Base .........
Special Oper-
ations Forces 
(SOF) Oper-
ations Facility, 
B-606 ................
$11,000,000 
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130 STAT. 2706 
PUBLIC LAW 114–328—DEC. 23, 2016 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Subtitle A—Project Authorizations and Authorization of Appropriations 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Subtitle B—Other Matters 
Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project. 
Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project. 
Sec. 2613. Modification of authority to carry out certain fiscal year 2016 project. 
Sec. 2614. Extension of authorization of certain fiscal year 2013 project. 
Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects. 
Subtitle A—Project Authorizations and 
Authorization of Appropriations 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the Army National Guard 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Army National Guard 
State 
Location 
Amount 
Colorado .................
Fort Carson .............................................
$16,500,000 
Hawaii ....................
Hilo ..........................................................
$31,000,000 
Iowa ........................
Davenport ................................................
$23,000,000 
Kansas ....................
Fort Leavenworth ...................................
$29,000,000 
New Hampshire .....
Hooksett ..................................................
$11,000,000 
Rochester .................................................
$8,900,000 
Oklahoma ...............
Ardmore ...................................................
$22,000,000 
Pennsylvania ..........
Fort Indiantown Gap ..............................
$20,000,000 
York .........................................................
$9,300,000 
Rhode Island ..........
East Greenwich .......................................
$20,000,000 
Utah ........................
Camp Williams .......................................
$37,000,000 
Wyoming .................
Camp Guernsey ......................................
$31,000,000 
Laramie ...................................................
$21,000,000 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
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130 STAT. 2707 
PUBLIC LAW 114–328—DEC. 23, 2016 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the Army Reserve locations 
inside the United States, and in the amounts, set forth in the 
following table: 
Army Reserve 
State 
Location 
Amount 
Arizona ...................
Phoenix ....................................................
$30,000,000 
California ...............
Camp Parks .............................................
$19,000,000 
Fort Hunter Liggett ................................
$21,500,000 
Virginia ...................
Dublin ......................................................
$6,000,000 
Wisconsin ...............
Fort McCoy ..............................................
$11,400,000 
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the Navy Reserve and Marine 
Corps Reserve locations inside the United States, and in the 
amounts, set forth in the following table: 
Navy Reserve and Marine Corps Reserve 
State 
Location 
Amount 
Louisiana ................
New Orleans ............................................
$11,207,000 
New York ...............
Brooklyn ..................................................
$1,964,000 
Syracuse ..................................................
$13,229,000 
Texas ......................
Galveston .................................................
$8,414,000 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the Air National Guard 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Air National Guard 
State 
Location 
Amount 
Connecticut ............
Bradley IAP .............................................
$6,300,000 
Florida ....................
Jacksonville IAP .....................................
$9,000,000 
Hawaii ....................
Joint Base Pearl Harbor-Hickam ..........
$11,000,000 
Iowa ........................
Sioux Gateway Airport ...........................
$12,600,000 
Maryland ................
Joint Base Andrews ................................
$5,000,000 
Minnesota ...............
Duluth IAP ..............................................
$7,600,000 
New Hampshire .....
Pease International Trade Port .............
$1,500,000 
North Carolina .......
Charlotte/Douglas IAP ...........................
$50,600,000 
Ohio ........................
Toledo Express Airport ...........................
$6,000,000 
South Carolina .......
McEntire ANGS ......................................
$8,400,000 
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130 STAT. 2708 
PUBLIC LAW 114–328—DEC. 23, 2016 
Air National Guard—Continued 
State 
Location 
Amount 
Texas ......................
Ellington Field ........................................
$4,500,000 
Vermont ..................
Burlington IAP ........................................
$4,500,000 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the Air Force Reserve 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Air Force Reserve 
State 
Location 
Amount 
North Carolina .....
Seymour Johnson Air Force Base .........
$97,950,000 
Pennsylvania ..........
Pittsburgh International Airport ...........
$85,000,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2016, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, 
under chapter 1803 of title 10, United States Code (including the 
cost of acquisition of land for those facilities), as specified in the 
funding table in section 4601. 
Subtitle B—Other Matters 
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2014 PROJECT. 
In the case of the authorization contained in the table in 
section 2602 of the Military Construction Authorization Act for 
Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1001) 
for Bullville, New York, for construction of a new Army Reserve 
Center at that location, the Secretary of the Army may add to 
or alter the existing Army Reserve Center at Bullville, New York. 
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2015 PROJECT. 
In the case of the authorization contained in the table in 
section 2603 of the Military Construction Authorization Act for 
Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 
3689) for Pittsburgh, Pennsylvania, for construction of a Reserve 
Training Center at that location, the Secretary of the Navy may 
acquire approximately 8.5 acres (370,260 square feet) of adjacent 
land, obtain necessary interest in land, and construct road improve-
ments and associated supporting facilities to provide required access 
to the Reserve Training Center. 
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130 STAT. 2709 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2016 PROJECT. 
In the case of the authorization contained in the table in 
section 2602 of the Military Construction Authorization Act for 
Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1163) 
for MacDill Air Force Base, Florida, for construction of an Army 
Reserve Center/Aviation Support Facility at that location, the Sec-
retary of the Army may relocate and construct replacement skeet 
and grenade launcher ranges necessary to clear the site for the 
new Army Reserve facilities. 
SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2013 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112–239; 126 Stat. 2118), the authorizations set 
forth in the table in subsection (b), as provided in section 2603 
of that Act (126 Stat. 2135) and extended by section 2614 of the 
Military Construction Authorization Act for Fiscal Year 2016 (divi-
sion B of Public Law 114–92; 129 Stat. 1166), shall remain in 
effect until October 1, 2017, or the date of the enactment of an 
Act authorizing funds for military construction for fiscal year 2018, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
National Guard and Reserve: Extension of 2013 Project 
Authorization 
State 
Installation or 
Location 
Project 
Amount 
Iowa ....................
Fort Des Moines 
Joint Reserve 
Center ............
$19,162,000 
SEC. 2615. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2014 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2014 (division B 
of Public Law 113–66; 127 Stat. 985), the authorizations set forth 
in the table in subsection (b), as provided in sections 2602, 2603, 
2604, and 2605 of that Act (127 Stat. 1001, 1002), shall remain 
in effect until October 1, 2017, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
2018, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
National Guard and Reserve: Extension of 2014 Project 
Authorizations 
State 
Installation or 
Location 
Project 
Amount 
California ............
Camp Parks ......
Army Reserve 
Center ............
$17,500,000 
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130 STAT. 2710 
PUBLIC LAW 114–328—DEC. 23, 2016 
National Guard and Reserve: Extension of 2014 Project 
Authorizations—Continued 
State 
Installation or 
Location 
Project 
Amount 
March Air Force 
Base ...............
NOSC Moreno 
Valley Reserve 
Training Cen-
ter ...................
$11,086,000 
Florida ................
Homestead ARB 
Entry Control 
Complex .........
$9,800,000 
Maryland ............
Fort Meade ........
175th Network 
Warfare 
Squadron Fa-
cility ...............
$4,000,000 
Martin State 
Airport ...........
Cyber/ISR Facil-
ity ...................
$8,000,000 
New York ............
Bullville .............
Army Reserve 
Center ............
$14,500,000 
TITLE XXVII—BASE REALIGNMENT AND 
CLOSURE ACTIVITIES 
Sec. 2701. Extension of authorizations of certain fiscal year 2014 projects. 
Sec. 2702. Prohibition on conducting additional Base Realignment and Closure 
(BRAC) round. 
SEC. 2701. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2014 PROJECTS. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2016, for base realignment and clo-
sure activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account established by section 2906 of 
such Act (as amended by section 2711 of the Military Construction 
Authorization Act for Fiscal Year 2013 (division B of Public Law 
112–239; 126 Stat. 2140)), as specified in the funding table in 
section 4601. 
SEC. 
2702. 
PROHIBITION 
ON 
CONDUCTING 
ADDITIONAL 
BASE 
REALIGNMENT AND CLOSURE (BRAC) ROUND. 
Nothing in this Act shall be construed to authorize an additional 
Base Realignment and Closure (BRAC) round. 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects 
as minor military construction projects. 
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130 STAT. 2711 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 2802. Classification of facility conversion projects as repair projects. 
Sec. 2803. Limited authority for scope of work increase. 
Sec. 2804. Extension of temporary, limited authority to use operation and mainte-
nance funds for construction projects outside the United States. 
Sec. 2805. Authority to expand energy conservation construction program to in-
clude energy resiliency projects. 
Sec. 2806. Additional entities eligible for participation in defense laboratory mod-
ernization pilot program. 
Sec. 2807. Extension of temporary authority for acceptance and use of contributions 
for certain construction, maintenance, and repair projects mutually ben-
eficial to the Department of Defense and Kuwait military forces. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Acceptance of military construction projects as payments in-kind and in- 
kind contributions. 
Sec. 2812. Allotment of space and provision of services to WIC offices operating on 
military installations. 
Sec. 2813. Sense of Congress regarding inclusion of stormwater systems and com-
ponents within the meaning of ‘‘wastewater system’’ under the Depart-
ment of Defense authority for conveyance of utility systems. 
Sec. 2814. Assessment of public schools on Department of Defense installations. 
Sec. 2815. Prior certification required for use of Department of Defense facilities by 
other Federal agencies for temporary housing support. 
Subtitle C—Land Conveyances 
Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program fa-
cility and adjacent property, Gakona, Alaska. 
Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska. 
Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska. 
Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona. 
Sec. 2825. Exchange of property interests, San Diego Unified Port District, Cali-
fornia. 
Sec. 2826. Release of property interests retained in connection with land convey-
ance, Eglin Air Force Base, Florida. 
Sec. 2827. Land exchange, Fort Hood, Texas. 
Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Re-
serve Center, Laredo, Texas. 
Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah. 
Sec. 2829A. Land acquisitions, Arlington County, Virginia. 
Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Wash-
ington. 
Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National 
Wildlife Refuge. 
Sec. 2829D. Closure of St. Marys Airport. 
Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the Secretary of 
the Army to the Secretary of Defense and applicability of certain provi-
sions of law relating to the Pentagon Reservation. 
Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original 
inhabitants. 
Subtitle D—Military Memorials, Monuments, and Museums 
Sec. 2831. Cyber Center for Education and Innovation-Home of the National 
Cryptologic Museum. 
Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park, 
Ohio. 
Sec. 2833. Women’s military service memorials and museums. 
Sec. 2834. Petersburg National Battlefield boundary modification. 
Subtitle E—Designations and Other Matters 
Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett 
Air National Guard Base. 
Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center. 
Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona. 
Sec. 2844. Limited exceptions to restriction on development of public infrastructure 
in connection with realignment of Marine Corps forces in Asia-Pacific 
region. 
Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weap-
ons Station China Lake, California. 
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130 STAT. 2712 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle A—Military Construction Program 
and Military Family Housing 
SEC. 2801. MODIFICATION OF CRITERIA FOR TREATMENT OF LABORA-
TORY REVITALIZATION PROJECTS AS MINOR MILITARY 
CONSTRUCTION PROJECTS. 
(a) INCREASE IN THRESHOLD.—Section 2805(d) of title 10, United 
States Code, is amended by striking ‘‘$4,000,000’’ each place it 
appears in paragraph (1)(A), (1)(B), and (2) and inserting 
‘‘$6,000,000’’. 
(b) NOTICE REQUIREMENTS.—Section 2805(d) of such title is 
amended— 
(1) by striking the second sentence of paragraph (2); and 
(2) by amending paragraph (3) to read as follows: 
‘‘(3) If the Secretary concerned makes a decision to carry out 
an unspecified minor military construction project to which this 
subsection applies, the Secretary concerned shall notify in writing 
the appropriate committees of Congress of that decision, of the 
justification for the project, and of the estimated cost of the project. 
The project may then be carried out only after the end of the 
21-day period beginning on the date the notification is received 
by the committees or, if earlier, the end of the 14-day period 
beginning on the date on which a copy of the notification is provided 
in an electronic medium pursuant to section 480 of this title.’’. 
(c) EXTENSION OF SUNSET.—Paragraph (5) of section 2805(d) 
of such title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’. 
SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION PROJECTS AS 
REPAIR PROJECTS. 
Subsection (e) of section 2811 of title 10, United States Code, 
is amended to read as follows: 
‘‘(e) REPAIR PROJECT DEFINED.—In this section, the term ‘repair 
project’ means a project— 
‘‘(1) to restore a real property facility, system, or component 
to such a condition that it may effectively be used for its 
designated functional purpose; or 
‘‘(2) to convert a real property facility, system, or component 
to a new functional purpose without increasing its external 
dimensions.’’. 
SEC. 2803. LIMITED AUTHORITY FOR SCOPE OF WORK INCREASE. 
(a) IN GENERAL.—Section 2853 of title 10, United States Code, 
is amended— 
(1) in subsection (b)(2), by striking ‘‘The scope of work’’ 
and inserting ‘‘Except as provided in subsection (d), the scope 
of work’’; 
(2) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(3) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) The limitation in subsection (b)(2) on an increase in the 
scope of work does not apply if— 
‘‘(1) the increase in the scope of work is not more than 
10 percent of the amount specified for that project, construction, 
improvement, or acquisition in the justification data provided 
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130 STAT. 2713 
PUBLIC LAW 114–328—DEC. 23, 2016 
to Congress as part of the request for authorization of the 
project, construction, improvement, or acquisition; 
‘‘(2) the increase is approved by the Secretary concerned; 
‘‘(3) the Secretary concerned notifies the congressional 
defense committees in writing of the increase in scope and 
the reasons therefor; and 
‘‘(4) a period of 21 days has elapsed after the date on 
which the notification is received by the committees or, if 
over sooner, a period of 14 days has elapsed after the date 
on which a copy of the notification is provided in an electronic 
medium pursuant to section 480 of this title.’’. 
(b) CROSS-REFERENCE AMENDMENTS.—(1) Subsection (a) of such 
section is amended by striking ‘‘subsection (c) or (d)’’ and inserting 
‘‘subsection (c), (d), or (e)’’. 
(2) Subsection (f) of such section, as redesignated by subsection 
(a)(2), is amended by striking ‘‘through (d)’’ and inserting ‘‘through 
(e)’’. 
(c) ADDITIONAL TECHNICAL AMENDMENT.—Subsection (a) of such 
section is further amended by inserting ‘‘of this title’’ after ‘‘section 
2805(a)’’. 
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUC-
TION PROJECTS OUTSIDE THE UNITED STATES. 
(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 
of the Military Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 1723), as most recently 
amended by section 2802 of the Military Construction Authorization 
Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 
Stat. 1169), is amended— 
(1) in paragraph (1), by striking ‘‘December 31, 2016’’ and 
inserting ‘‘December 31, 2017’’; and 
(2) in paragraph (2), by striking ‘‘fiscal year 2017’’ and 
inserting ‘‘fiscal year 2018’’. 
(b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of 
such section is amended— 
(1) by striking ‘‘October 1, 2015’’ and inserting ‘‘October 
1, 2016’’; 
(2) by striking ‘‘December 31, 2016’’ and inserting 
‘‘December 31, 2017’’; and 
(3) by striking ‘‘fiscal year 2017’’ and inserting ‘‘fiscal year 
2018’’. 
SEC. 
2805. 
AUTHORITY 
TO 
EXPAND 
ENERGY 
CONSERVATION 
CONSTRUCTION PROGRAM TO INCLUDE ENERGY RESIL-
IENCY PROJECTS. 
(a) EXPANSION
OF AUTHORITY
TO ENERGY RESILIENCY
AND 
ENERGY SECURITY PROJECTS.— 
(1) IN GENERAL.—Section 2914 of title 10, United States 
Code, is amended— 
(A) in the section heading, by inserting ‘‘RESILIENCY 
AND’’ before ‘‘CONSERVATION CONSTRUCTION PROJECTS’’; 
and 
(B) in subsection (a), by striking ‘‘military construction 
project for energy conservation’’ and inserting ‘‘military 
construction project for energy resiliency, energy security, 
or energy conservation’’. 
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130 STAT. 2714 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 173 of such title is amended by striking 
the item relating to section 2914 and inserting the following 
new item: 
‘‘2914. Energy resiliency and conservation construction projects.’’. 
(b) NOTICE AND REPORTING REQUIREMENTS FOR PROJECTS.— 
(1) CONTENTS OF NOTIFICATIONS.— 
(A) CONTENTS.—Section 2914(b) of title 10, United 
States Code, is amended— 
(i) by striking ‘‘When a decision’’ and inserting 
‘‘(1) When a decision’’; and 
(ii) by adding at the end the following new para-
graph: 
‘‘(2) The Secretary of Defense shall include in each notification 
submitted under paragraph (1) the following information: 
‘‘(A) In the case of a military construction project for energy 
conservation, the justification and current cost estimate for 
the project, the expected savings-to-investment ratio, simple 
payback estimates, and the project’s measurement and 
verification cost estimate. 
‘‘(B) In the case of a military construction project for energy 
resiliency or energy security, the rationale for how the project 
would enhance mission assurance, support mission critical func-
tions, and address known vulnerabilities.’’. 
(B) EFFECTIVE
DATE.—The amendment made by 
subparagraph (A) shall apply with respect to notifications 
provided during fiscal year 2017 or any succeeding fiscal 
year. 
(2) ANNUAL REPORT.—Section 2914 of such title is amended 
by adding at the end the following new subsection: 
‘‘(c) ANNUAL REPORT.—Not later than 90 days after the end 
of each fiscal year (beginning with fiscal year 2017), the Secretary 
of Defense shall submit to the appropriate committees of Congress 
a report on the status of the planned and active projects carried 
out under this section (including completed projects), and shall 
include in the report with respect to each such project the following 
information: 
‘‘(1) The title, location, a brief description of the scope 
of work, the original project cost estimate, and the current 
working cost estimate. 
‘‘(2) In the case of a military construction project for energy 
conservation— 
‘‘(A) the original expected savings-to-investment ratio 
and simple payback estimates and measurement and 
verification cost estimate; 
‘‘(B) the most current expected savings-to-investment 
ratio and simple payback estimates and measurement and 
verification plan and costs; and 
‘‘(C) a brief description of the measurement and 
verification plan and planned funding source. 
‘‘(3) In the case of a military construction project for energy 
resiliency or energy security, the rationale for how the project 
would enhance mission assurance, support mission critical func-
tions, and address known vulnerabilities. 
‘‘(4) Such other information as the Secretary considers 
appropriate.’’. 
10 USC 2914 
note. 
10 USC 
prec. 2911. 
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130 STAT. 2715 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICIPATION IN 
DEFENSE LABORATORY MODERNIZATION PILOT PRO-
GRAM. 
Section 2803(a) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 
2358 note) is amended by adding at the end the following: 
‘‘(4) A Department of Defense research, development, test, 
and evaluation facility that is not designated as a Science 
and Technology Reinvention Laboratory, but nonetheless is 
involved with developmental test and evaluation.’’. 
SEC. 2807. EXTENSION OF TEMPORARY AUTHORITY FOR ACCEPTANCE 
AND USE OF CONTRIBUTIONS FOR CERTAIN CONSTRUC-
TION, MAINTENANCE, AND REPAIR PROJECTS MUTUALLY 
BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND 
KUWAIT MILITARY FORCES. 
Section 2804(f) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1171; 10 U.S.C. 
2350j note) is amended by striking ‘‘September 30, 2020’’ and 
inserting ‘‘September 30, 2030’’. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS 
PAYMENTS IN-KIND AND IN-KIND CONTRIBUTIONS. 
(a) PAYMENTS-IN-KIND
AND
IN-KIND
CONTRIBUTIONS.—Sub-
section (f) of section 2687a of title 10, United States Code, is 
amended to read as follows: 
‘‘(f) ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS PAY-
MENTS-IN-KIND AND IN-KIND CONTRIBUTIONS.—(1)(A) Except as pro-
vided in subparagraph (B), a military construction project costing 
more than $6,000,000 may be accepted as payment-in-kind or as 
an in-kind contribution required by a bilateral agreement with 
a host country only if that military construction project is authorized 
by law. 
‘‘(B) Subparagraph (A) does not apply to a military construction 
project that— 
‘‘(i) was specified in a bilateral agreement with a host 
country that was entered into before December 26, 2013; 
‘‘(ii) was the subject of negotiation between the United 
States and a host country as of the date of the enactment 
of the Military Construction Authorization Act for Fiscal Year 
2015; or 
‘‘(iii) was accepted as payment-in-kind for the residual 
value of improvements made by the United States at military 
installations released to the host country under section 2921 
of the Military Construction Authorization Act for Fiscal Year 
1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note) 
before December 26, 2013. 
‘‘(2)(A) If the Secretary of Defense accepts a military construc-
tion project to be built for Department of Defense personnel outside 
the United States as a payment-in-kind or an in-kind contribution 
required by a bilateral agreement with a host country, the Secretary 
shall submit to the congressional defense committees a written 
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PUBLIC LAW 114–328—DEC. 23, 2016 
notification at least 30 days before the initiation date for any 
such military construction project. 
‘‘(B) A notification under subparagraph (A) with respect to 
a proposed military construction project shall include the following: 
‘‘(i) The requirements for, and purpose and description 
of, the proposed project. 
‘‘(ii) The cost of the proposed project. 
‘‘(iii) The scope of the proposed project. 
‘‘(iv) The schedule for the proposed project. 
‘‘(v) Such other details as the Secretary considers relevant. 
‘‘(C) Subparagraph (A) shall not apply to a military construction 
project authorized in a Military Construction Authorization Act. 
‘‘(3) To the extent that a payment-in-kind or an in-kind con-
tribution is provided under a bilateral agreement with a host 
country with respect to a military construction project for which 
funds have already been obligated or expended by the Secretary 
of Defense, the Secretary shall return to the Treasury funds in 
an amount equal to the value of the funds already obligated or 
expended for the project. 
‘‘(4) In this subsection, the term ‘military construction project’ 
has the meaning given such term in section 2801 of this title.’’. 
(b) CONFORMING AMENDMENT.—Section 2802 of such title is 
amended by striking subsection (d). 
(c) REPEAL.—Section 2803 of the Carl Levin and Howard ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113–291; 128 Stat. 3696) is repealed, and the provisions 
of law amended by subsections (a) and (b) of that section shall 
be restored as if such section had not been enacted into law. 
SEC. 2812. ALLOTMENT OF SPACE AND PROVISION OF SERVICES TO 
WIC OFFICES OPERATING ON MILITARY INSTALLATIONS. 
(a) ALLOTMENT OF SPACE AND PROVISION OF SERVICES AUTHOR-
IZED.—Chapter 152 of title 10, United States Code, is amended 
by inserting after section 2566 the following new section: 
‘‘§ 2567. Space and services: provision to WIC offices 
‘‘(a) ALLOTMENT OF SPACE AND PROVISION OF SERVICES AUTHOR-
IZED.—Upon application by a WIC office, the Secretary of a military 
department may allot space on a military installation under the 
jurisdiction of the Secretary to the WIC office without charge for 
rent or services if the Secretary determines that— 
‘‘(1) the WIC office provides or will provide services solely 
to members of the armed forces assigned to the installation, 
civilian employees of the Department of Defense employed at 
the installation, or dependents of such members or employees; 
‘‘(2) space is available on the installation; 
‘‘(3) operation of the WIC office will not hinder military 
mission requirements; and 
‘‘(4) the security situation at the installation permits the 
presence of a non-Federal entity on the installation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘services’ includes the provision of lighting, 
heating, cooling, and electricity. 
‘‘(2) The term ‘WIC office’ means a local agency (as defined 
in subsection (b)(6) of section 17 of the Child Nutrition Act 
10 USC 2567. 
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130 STAT. 2717 
PUBLIC LAW 114–328—DEC. 23, 2016 
of 1966 (42 U.S.C. 1786)) that participates in the special supple-
mental nutrition program for women, infants, and children 
under such section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 152 of title 10, United States Code, is amended 
by inserting after the item relating to section 2566 the following 
new item: 
‘‘2567. Space and services: provision to WIC offices’’. 
SEC. 
2813. 
SENSE 
OF 
CONGRESS 
REGARDING 
INCLUSION 
OF 
STORMWATER SYSTEMS AND COMPONENTS WITHIN THE 
MEANING 
OF 
‘‘WASTEWATER 
SYSTEM’’ 
UNDER 
THE 
DEPARTMENT OF DEFENSE AUTHORITY FOR CONVEY-
ANCE OF UTILITY SYSTEMS . 
It is the sense of Congress that the reference to a system 
for the collection or treatment of wastewater in the definition of 
‘‘utility system’’ in section 2688 of title 10, United States Code, 
which authorizes the Department of Defense to convey utility sys-
tems, includes stormwater systems and components. 
SEC. 2814. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF 
DEFENSE INSTALLATIONS. 
(a) REPORT REQUIRED.— 
(1) UPDATE OF 2011 ASSESSMENT ON SCHOOL CAPACITY AND 
CONDITION.—Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees an update of the 
assessment on the capacity and facility condition deficiencies 
of elementary and secondary public schools on military installa-
tions conducted by the Secretary in July 2011 under section 
8109 of the Department of Defense and Full-Year Continuing 
Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82). 
In updating the assessment, the Secretary shall take into 
consideration factors including— 
(A) schools that have had changes in their condition 
or capacity since the original assessment; and 
(B) the capacity and facility condition deficiencies of 
schools that may have been inadvertently omitted from 
the original assessment. 
(2) ADDITIONAL INFORMATION.—The Secretary shall include 
in the update submitted under paragraph (1) a report on the 
status of the funds already appropriated, and the schedule 
for the completion of projects already approved, under the pro-
grams funded under section 8109 of the Department of Defense 
and Full-Year Continuing Appropriations Act, 2011 (Public Law 
112–10; 125 Stat. 82), section 8118 of the Consolidated Appro-
priations Act, 2012 (Public Law 112–74; 125 Stat. 833), section 
8108 of the Consolidated and Further Continuing Appropria-
tions Act, 2013 (Public Law 113–6; 127 Stat. 322), and section 
8107 of the Consolidated and Further Continuing Appropria-
tions Act, 2015 (Public Law 113–235; 128 Stat. 2255). 
(b) COMPTROLLER GENERAL EVALUATION.—Not later than 180 
days after the date of the submission of the report under subsection 
(a), the Comptroller General of the United States shall submit 
to the congressional defense committees an evaluation of the 
updated assessment prepared by the Secretary of Defense under 
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PUBLIC LAW 114–328—DEC. 23, 2016 
paragraph (1) of subsection (a), including an evaluation of the 
accuracy and analytical sufficiency of the updated assessment. 
SEC. 2815. PRIOR CERTIFICATION REQUIRED FOR USE OF DEPART-
MENT OF DEFENSE FACILITIES BY OTHER FEDERAL 
AGENCIES FOR TEMPORARY HOUSING SUPPORT. 
The Secretary of Defense shall not sign a memorandum of 
agreement with another Federal agency to provide the agency with 
a vacant facility for purposes of temporary housing support unless 
the Secretary first submits to the Committees on Armed Services 
of the House of Representatives and Senate a certification that 
the provision of the facility to the agency for such purpose will 
not negatively affect military training, operations, readiness, or 
other military requirements, including National Guard and Reserve 
readiness. 
Subtitle C—Land Conveyances 
SEC. 2821. LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL 
RESEARCH PROGRAM FACILITY AND ADJACENT PROP-
ERTY, GAKONA, ALASKA. 
(a) CONVEYANCES AUTHORIZED.— 
(1) CONVEYANCE TO UNIVERSITY OF ALASKA.—The Secretary 
of the Air Force may convey to the University of Alaska (in 
this section referred to as the ‘‘University’’) all right, title, 
and interest of the United States in and to a parcel of real 
property, including improvements thereon, consisting of 
approximately 1,158 acres near the Gulkana Village, Alaska, 
which was purchased by the Secretary of the Air Force from 
Ahtna, Incorporated, in January 1989, contain a High Fre-
quency Active Auroral Research Program facility, and comprise 
a portion of the property more particularly described in sub-
section (b), for the purpose of permitting the University to 
use the conveyed property for public purposes. 
(2) CONVEYANCE
TO
ALASKA
NATIVE
CORPORATION.—The 
Secretary of the Air Force may convey to Ahtna, Incorporated 
(in this section referred to as ‘‘Ahtna’’), all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 
4,259 acres near Gulkana Village, Alaska, which was purchased 
by the Secretary of the Air Force from Ahtna, Incorporated, 
in January 1989 and comprise the portion of the property 
more particularly described in subsection (b) that does not 
contain the High Frequency Active Auroral Research Program 
facility. The property to be conveyed under this paragraph 
does not include any of the property authorized for conveyance 
to the University under paragraph (1). 
(b) PROPERTY DESCRIBED.—Subject to the property exclusions 
specified in subsection (c), the real property authorized for convey-
ance under subsection (a) consists of portions of sections within 
township 7 north, range 1 east; township 7 north, range 2 east; 
township 8 north, range 1 east; and township 8 north, range 2 
east; Copper River Meridian, Chitina Recording District, Third 
Judicial District, State of Alaska, as follows: 
(1) Township 7 north, range 1 east: 
(A) Section 1. 
10 USC 2556 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(B) E1⁄2, S1⁄2NW1⁄4, SW1⁄4 of section 2. 
(C) S1⁄2SE1⁄4, NE1⁄4SE1⁄4 of section 3. 
(D) E1⁄2 of section 10. 
(E) Sections 11 and 12. 
(F) That portion of N1⁄2, N1⁄2S1⁄2 of section 13, excluding 
all lands lying southerly and easterly of the Glenn Highway 
right-of-way. 
(G) N1⁄2, N1⁄2S1⁄2 of section 14. 
(H) NE1⁄4, NE1⁄4SE1⁄4 of section 15. 
(2) Township 7 north, range 2 east: 
(A) W1⁄2 of section 6. 
(B) NW1⁄4 of section 7, and the portion of N1⁄2SW1⁄4 
and NW1⁄4SE1⁄4 of such section lying northerly of the Glenn 
Highway right-of-way. 
(3) Township 8 north, range 1 east: 
(A) SE1⁄4SE1⁄4 of section 35. 
(B) E1⁄2, SW1⁄4, SE1⁄4NW1⁄4 of section 36. 
(4) Township 8 north, range 2 east: 
(A) W1⁄2 of section 31. 
(c) EXCLUSION
OF
CERTAIN
PROPERTY.—The real property 
authorized for conveyance under subsection (a) may not include 
the following: 
(1) Public easements reserved pursuant to section 17(b) 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)), 
as described in the Warranty Deed from Ahtna, Incorporated, 
to the United States, dated March 1, 1990, recorded in Book 
31, pages 665 through 668 in the Chitina Recording District, 
Third Judicial District, Alaska. 
(2) Easement for an existing trail as described in such 
Warranty Deed from Ahtna, Incorporated, to the United States. 
(3) The subsurface estate. 
(d) CONSIDERATION.— 
(1) CONVEYANCE TO UNIVERSITY.—As consideration for the 
conveyance of property under subsection (a)(1), the University 
shall provide the United States with consideration in an amount 
that is acceptable to the Secretary of the Air Force, whether 
in the form of cash payment, in-kind consideration, or a com-
bination thereof. 
(2) CONVEYANCE
TO
AHTNA.—As consideration for the 
conveyance of property under subsection (a)(2), Ahtna shall 
provide the United States with consideration in an amount 
that is acceptable to the Secretary, whether in the form of 
cash payment, in-kind consideration, a land exchange under 
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), or a combination thereof. 
(3) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any 
cash payment received by the Secretary as consideration for 
a conveyance under subsection (a) shall be deposited in the 
special account in the Treasury established under subsection 
(b) of section 572 of title 40, United States Code, and shall 
be available in accordance with paragraph (5)(B) of such sub-
section. 
(e) REVERSIONARY INTEREST.—If the Secretary of the Air Force 
determines at any time that the real property conveyed under 
subsection (a)(1) is not being used by the University in accordance 
with the purposes of the conveyance specified in such subsection, 
all right, title, and interest in and to the property, including any 
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130 STAT. 2720 
PUBLIC LAW 114–328—DEC. 23, 2016 
improvements thereto, shall, at the option of the Secretary, revert 
to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such property. 
A determination by the Secretary under this subsection shall be 
made on the record after an opportunity for a hearing. 
(f) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary of the Air Force 
shall require the recipient of real property under this section 
to cover all costs to be incurred by the Secretary, or to reimburse 
the Secretary for such costs incurred by the Secretary, to carry 
out the conveyance of that property, including survey costs, 
costs for environmental documentation, and any other adminis-
trative costs related to the conveyance. If amounts are collected 
in advance of the Secretary incurring the actual costs, and 
the amount collected exceeds the costs actually incurred by 
the Secretary to carry out the conveyance, the Secretary shall 
refund the excess amount to the recipient. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out a conveyance under this section 
shall be credited and made available to the Secretary as pro-
vided in section 2695(c) of title 10, United States Code. 
(g) CONVEYANCE AGREEMENT.—The conveyance of property 
under this section shall be accomplished using a quitclaim deed 
or other legal instrument and upon terms and conditions mutually 
satisfactory to the Secretary of the Air Force and the recipient 
of the property, including such additional terms and conditions 
as the Secretary considers appropriate to protect the interests of 
the United States. 
SEC. 2822. LAND CONVEYANCE, CAMPION AIR FORCE RADAR STATION, 
GALENA, ALASKA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Town of Galena, Alaska 
(in this section referred to as the ‘‘Town’’), all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, at the former Campion Air Force 
Station, Alaska, as further described in subsection (b), for the 
purpose of permitting the Town to use the conveyed property for 
public purposes. The conveyance under this subsection is subject 
to valid existing rights. 
(b) DESCRIPTION OF PROPERTY.—The property to be conveyed 
under subsection (a) consists of up to approximately 1,300 acres 
of the remaining land withdrawn under Public Land Order No. 
843 of June 24, 1952, and Public Land Order No. 1405 of April 
4, 1957, for use by the Secretary of the Air Force as the former 
Campion Air Force Station. The portions of the former Air Force 
Station that are not authorized to be conveyed under subsection 
(a) are those portions that are subject to environmental land use 
restrictions or are undergoing environmental remediation by the 
Secretary of the Air Force as of the date of such conveyance. 
(c) REVERSIONARY INTEREST.—If the Secretary of the Air Force 
determines at any time that the real property conveyed under 
subsection (a) is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the land, including any improvements thereto, 
shall, at the option of the Secretary, revert to and become the 
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property of the United States, and the United States shall have 
the right of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made on the 
record after an opportunity for a hearing. 
(d) CONVEYANCE AGREEMENT.—The conveyance of land under 
this section shall be accomplished using a quitclaim deed or other 
legal instrument and upon terms and conditions mutually satisfac-
tory to the Secretary of the Air Force, after consulting with the 
Secretary of the Interior, and the Town, including such additional 
terms and conditions as the Secretary of the Air Force, after con-
sulting with the Secretary of the Interior, considers appropriate 
to protect the interests of the United States. 
(e) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary of the Air Force 
shall require the Town to cover all costs (except costs for 
environmental remediation of the property) to be incurred by 
the Secretary of the Air Force and by the Secretary of the 
Interior, or to reimburse the appropriate Secretary for such 
costs incurred by the Secretary, to carry out the conveyance 
under this section, including survey costs, costs for environ-
mental documentation, and any other administrative costs 
related to the conveyance. If amounts are collected from the 
Town in advance of the Secretary incurring the actual costs, 
and the amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the appropriate 
Secretary shall refund the excess amount to the Town. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary of the Air Force or by the Secretary of the 
Interior to carry out the conveyance under subsection (a) shall 
be credited to the fund or account that was used to cover 
the costs incurred by the appropriate Secretary in carrying 
out the conveyance, or to an appropriate fund or account cur-
rently available to the appropriate Secretary for the purposes 
for which the costs were paid. Amounts so credited shall be 
merged with amounts in such fund or account and shall be 
available for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(f) MAP AND LEGAL DESCRIPTION.—As soon as practicable after 
the date of the enactment of this Act, the Secretary of the Air 
Force, in consultation with the Secretary of the Interior, shall 
finalize a map and the legal description of the real property to 
be conveyed under subsection (a). The Secretary of the Air Force 
may correct any minor errors in the map or the legal description. 
The map and legal description shall be on file and available for 
public inspection in the appropriate offices of the Bureau of Land 
Management. 
(g) SUPERSEDENCE
OF PUBLIC LAND ORDERS.—Public Land 
Order Nos. 843 and 1405 are hereby superseded, but only insofar 
as the orders affect the lands conveyed to the Town under subsection 
(a). 
SEC. 2823. LEASE, JOINT BASE ELMENDORF-RICHARDSON, ALASKA. 
(a) LEASES AUTHORIZED.— 
(1) LEASE TO MUNICIPALITY OF ANCHORAGE.—The Secretary 
of the Air Force may lease to the Municipality of Anchorage, 
Alaska, certain real property, to include improvements thereon, 
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PUBLIC LAW 114–328—DEC. 23, 2016 
at Joint Base Elmendorf-Richardson (‘‘JBER’’), Alaska, as more 
particularly described in subsection (b) for the purpose of 
permitting the Municipality to use the leased property for rec-
reational purposes. 
(2) LEASE TO MOUNTAIN VIEW LIONS CLUB.—The Secretary 
of the Air Force may lease to the Mountain View Lions Club 
certain real property, to include improvements thereon, at 
JBER, as more particularly described in subsection (b) for the 
purpose of the installation, operation, maintenance, protection, 
repair, and removal of recreational equipment. 
(b) DESCRIPTION OF PROPERTY.— 
(1) The real property to be leased under subsection (a)(1) 
consists of the real property described in Department of the 
Air Force Lease No. DACA85–1–99–14. 
(2) The real property to be leased under subsection (a)(2) 
consists of real property described in Department of the Air 
Force Lease No. DACA85–1–97–36. 
(c) TERM AND CONDITIONS OF LEASES.— 
(1) TERM OF LEASES.—The term of the leases authorized 
under subsection (a) shall not exceed 25 years. 
(2) OTHER TERMS AND CONDITIONS.—Except as otherwise 
provided in this section— 
(A) the remaining terms and conditions of the lease 
under subsection (a)(1) shall consist of the same terms 
and conditions described in Department of the Air Force 
Lease No. DACA85–1–99–14; and 
(B) the remaining terms and conditions of the lease 
under subsection (a)(2) shall consist of the same terms 
and conditions described in Department of the Air Force 
Lease No. DACA85–1–97–36. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the leases under this section as the Secretary considers appropriate 
to protect the interests of the United States. 
SEC. 2824. TRANSFER OF ADMINISTRATIVE JURISDICTIONS, NAVAJO 
ARMY DEPOT, ARIZONA. 
(a) IN GENERAL.—All administrative jurisdiction of the Sec-
retary of Agriculture over 28,423 acres of National Forest System 
land located within the Kaibab National Forest and the Coconino 
National Forest shown on the map entitled ‘‘Navajo Army Depot 
Jurisdiction’’ and dated July 19, 2016, is hereby transferred to 
the Secretary of the Army. 
(b) VOLUNTEER MOUNTAIN LOOKOUT.— 
(1) AGREEMENT.—The Secretary of the Army and the Sec-
retary of Agriculture shall enter into an agreement to authorize 
the Secretary of Agriculture to occupy, access by vehicle, and 
use Volunteer Mountain Lookout for the purposes of wildfire 
detection and reporting for as long as needed by the Secretary 
of Agriculture. 
(2) MAINTENANCE.—The Secretary of Agriculture shall be 
responsible for maintaining the Volunteer Mountain Lookout 
structure. The Secretary of the Army, in coordination with 
the 
Secretary 
of 
Agriculture, 
shall 
be 
responsible 
for 
maintaining road access to Volunteer Mountain Lookout. 
(c) RESTORATION OR REMEDIATION.—The Secretary of the Army 
shall be responsible for, and fund any environmental restoration 
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PUBLIC LAW 114–328—DEC. 23, 2016 
or remediation that is required for, the abatement of any release 
of hazardous substances, pollutants, contaminants, or petroleum 
products on the land referenced in subsection (a), and shall hold 
harmless the Secretary of Agriculture from any financial obligation 
to contribute to any such restoration or remediation. 
(d) REVOCATION.—Public Land Order 59 (dated November 12, 
1942) and Public Land Order 176 (dated September 29, 1943) 
are hereby revoked. 
(e) REVERSIONARY INTEREST.—On the request of the owners 
of the Camp Navajo railroad 1 parcel and the Camp Navajo railroad 
2 parcel, any reversionary interest of the United States pursuant 
to the Act of July 27, 1866 (14 Stat. 292, chapter 278), in and 
to the Camp Navajo railroad 1 parcel shall be transferred to the 
Camp Navajo railroad 2 parcel. 
(f) RELEASE.—On transfer of the reversionary interest under 
subsection (e), the Camp Navajo railroad 1 parcel shall no longer 
be subject to the reversionary interest described in that subsection. 
(g) DEFINITIONS.—In this section: 
(1) CAMP NAVAJO RAILROAD 1 PARCEL.—The term ‘‘Camp 
Navajo railroad 1 parcel’’ means the land described in the 
deed recorded in Coconino County, Arizona, on October 6, 2014, 
as document number 3703647. 
(2) CAMP NAVAJO RAILROAD 2 PARCEL.—The term ‘‘Camp 
Navajo railroad 2 parcel’’ means the parcel of land as described 
in the deed recorded in Coconino County, Arizona, on June 
2, 2006, as document number 3386576. 
SEC. 2825. EXCHANGE OF PROPERTY INTERESTS, SAN DIEGO UNIFIED 
PORT DISTRICT, CALIFORNIA. 
(a) EXCHANGE OF PROPERTY INTERESTS AUTHORIZED.— 
(1) INTERESTS TO BE CONVEYED.—The Secretary of the Navy 
(hereafter referred to as the ‘‘Secretary’’) may convey to the 
San Diego Unified Port District (hereafter referred to as the 
‘‘District’’) all right, title, and interest of the United States 
in and to a parcel of real property, including any improvements 
thereon and, without limitation, any leasehold interests of the 
United States therein, consisting of approximately 0.33 acres 
and identified as Parcel No. 4 on District Drawing No. 018– 
107 (April 2013). This parcel contains 48 parking spaces central 
to the mission conducted on the site of the Navy’s leasehold 
interest at 1220 Pacific Highway, San Diego, California. 
(2) INTERESTS TO BE ACQUIRED.—In exchange for the prop-
erty interests described in paragraph (1), the Secretary may 
accept from the District property interests of equal value and 
similar utility, as determined by the Secretary, located within 
immediate proximity to the property described in paragraph 
(1), that provide the rights to an equivalent number of parking 
spaces of equal value (subject to subsection (c)(1)). 
(b) ENCUMBRANCES.— 
(1) NO ACCEPTANCE OF PROPERTY WITH ENCUMBRANCES PRE-
CLUDING USE AS PARKING SPACES.—In an exchange of property 
interests under subsection (a), the Secretary may not accept 
any property under subsection (a)(2) unless the property is 
free of encumbrances that would preclude the Department of 
the Navy from using the property for parking spaces, as deter-
mined under paragraph (2). 
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130 STAT. 2724 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) DETERMINATION OF FREEDOM FROM ENCUMBRANCES.— 
For purposes of paragraph (1), a property shall be considered 
to be free of encumbrances that would preclude the Department 
of the Navy from using the property for parking spaces if— 
(A) the District guarantees and certifies that the prop-
erty is free of such encumbrances under its own authority 
to preclude the use of the property for parking spaces; 
and 
(B) the District obtains guarantees and certifications 
from appropriate entities of the State and units of local 
government that the property is free of any such encum-
brances that may be in place pursuant to the Tidelands 
Trust, the North Embarcadero Visionary Plan, the Down-
town Community Plan, or any other law, regulation, plan, 
or document. 
(c) EQUALIZATION.— 
(1) TRANSFER OF RIGHTS TO ADDITIONAL PARKING SPACES.— 
If the value of the property interests described in subsection 
(a)(1) is greater than the value of the property interests and 
rights to parking spaces described in subsection (a)(2), the 
values shall be equalized by the transfer to the Secretary 
of rights to additional parking spaces. 
(2) NO AUTHORIZATION OF CASH EQUALIZATION PAYMENTS 
FROM SECRETARY.—If the value of the property interests and 
parking rights described in subsection (a)(2) are greater than 
the value of the property interests described in subsection 
(a)(1), the Secretary may not make a cash equalization payment 
to equalize the values. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
District to cover all costs to be incurred by the Secretary, 
or to reimburse the Secretary for such costs incurred by the 
Secretary, to carry out the exchange of property interests under 
this section, including survey costs, costs related to environ-
mental documentation, real estate due diligence such as 
appraisals, and any other administrative costs related to the 
exchange of property interests. If amounts are collected from 
the District in advance of the Secretary incurring the actual 
costs and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the exchange of property 
interests, the Secretary shall refund the excess amount to the 
District. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover those costs incurred 
by the Secretary in carrying out the exchange of property 
interests. Amounts so credited shall be merged with amounts 
in such fund or account and shall be available for the same 
purposes, and subject to the same conditions and limitations, 
as amounts in such fund or account. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property interests to be exchanged under this 
section shall be determined by surveys satisfactory to the Secretary. 
(f) CONVEYANCE
AGREEMENT.—The exchange of property 
interests under this section shall be accomplished using a lease, 
lease amendment, or other legal instrument and upon terms and 
conditions mutually satisfactory to the Secretary and the District, 
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130 STAT. 2725 
PUBLIC LAW 114–328—DEC. 23, 2016 
including such additional terms and conditions as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2826. RELEASE OF PROPERTY INTERESTS RETAINED IN CONNEC-
TION WITH LAND CONVEYANCE, EGLIN AIR FORCE BASE, 
FLORIDA. 
(a) RELEASE
OF EXCEPTIONS, LIMITATIONS, AND CONDITIONS 
IN DEEDS.—With respect to approximately 126 acres of real property 
in Okaloosa County, Florida, more particularly described in sub-
section (b), which were conveyed by the United States to the Air 
Force Enlisted Mens’ Widows and Dependents Home Foundation, 
Incorporated (‘‘Air Force Enlisted Village’’), the Secretary of the 
Air Force may release, without consideration, any and all excep-
tions, limitations, and conditions specified by the United States 
in the deeds conveying such real property. 
(b) PROPERTY DESCRIBED.—The real property subject to sub-
section (a) was part of Eglin Air Force, Florida, and consists of 
all parcels conveyed in exchange for fair market value cash payment 
by the Air Force Enlisted Village pursuant to section 809(c) of 
the Military Construction Authorization Act, 1979 (Public Law 95– 
356; 92 Stat. 587), as amended by section 2826 of the Military 
Construction Authorization Act, 1989 (Public Law 100–456; 102 
Stat. 2123), and section 2861 of the Military Construction 
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 
Stat. 2223). 
(c) INSTRUMENT OF RELEASE AND DESCRIPTION OF PROPERTY.— 
The Secretary may execute and record in the appropriate office 
a deed of release, amended deed, or other appropriate instrument 
reflecting the release of exceptions, limitations, and conditions 
under subsection (a). 
(d) PAYMENT OF ADMINISTRATIVE COSTS.— 
(1) PAYMENT REQUIRED.—The Secretary may require the 
Air Force Enlisted Village to pay for any costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the release under sub-
section (a), including survey costs, costs related to environ-
mental documentation, and other administrative costs related 
to the release. If amounts paid to the Secretary in advance 
exceed the costs actually incurred by the Secretary to carry 
out the release, the Secretary shall refund the excess amount 
to the Air Force Enlisted Village. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out the release under subsection (a) 
shall be credited and made available to the Secretary as pro-
vided in section 2695(c) of title 10, United States Code. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the release of exceptions, limitations, and conditions under sub-
section (a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2827. LAND EXCHANGE, FORT HOOD, TEXAS. 
(a) EXCHANGE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Copperas Cove, Texas (in this section referred 
to as the ‘‘City’’), all right, title, and interest of the United States 
in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 437 acres at Fort Hood, Texas, 
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130 STAT. 2726 
PUBLIC LAW 114–328—DEC. 23, 2016 
for the purpose of permitting the City to improve arterial transpor-
tation routes in the vicinity of Fort Hood and to promote economic 
development in the area of the City and Fort Hood. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall convey to the Secretary of the Army 
all right, title, and interest of the City in and to one or more 
parcels of real property that are acceptable to the Secretary. The 
fair market value of the real property acquired by the Secretary 
under this subsection shall be at least equal to the fair market 
value of the real property conveyed under subsection (a), as deter-
mined by appraisals acceptable to the Secretary. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary of 
the Army. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary of the Army shall 
require the City to cover costs to be incurred by the Secretary, 
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyances under this section, 
including survey costs related to the conveyances. If amounts 
are collected from the City in advance of the Secretary incurring 
the actual costs, and the amount collected exceeds the costs 
actually incurred by the Secretary to carry out the conveyances, 
the Secretary shall refund the excess amount to the City. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out the conveyances under this section 
shall be credited to the fund or account that was used to 
cover the costs incurred by the Secretary in carrying out the 
conveyances. Amounts so credited shall be merged with 
amounts in such fund or account and shall be available for 
the same purposes, and subject to the same conditions and 
limitations, as amounts in such fund or account. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the conveyances under this section as the Secretary con-
siders appropriate to protect the interests of the United States. 
SEC. 2828. LAND CONVEYANCE, P–36 WAREHOUSE, COLBERN UNITED 
STATES ARMY RESERVE CENTER, LAREDO, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Laredo Community College 
(in this section referred to as the ‘‘LCC’’) all right, title, and interest 
of the United States in and to a parcel of real property consisting 
of approximately 0.077 acres, including the approximately 725 sq. 
ft. Historic Building, P–36 Warehouse, and other improvements 
thereon, at Colbern United States Army Reserve Center, Laredo, 
Texas, for the purposes of educational use and historic preservation. 
(b) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary of the Army shall 
require the LCC to cover costs (except costs for environmental 
remediation of the property) to be incurred by the Secretary, 
or to reimburse the Secretary for such costs incurred by the 
Secretary, to carry out the conveyance under subsection (a), 
including survey costs, costs for environmental documentation, 
and any other administrative costs related to the conveyance. 
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130 STAT. 2727 
PUBLIC LAW 114–328—DEC. 23, 2016 
If amounts are collected from the LCC in advance of the Sec-
retary incurring the actual costs, and the amount collected 
exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess 
amount to the LCC. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover those costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
the Army. 
(d) REVERSIONARY INTEREST.— 
(1) REVERSION.—If the Secretary of the Army determines 
at any time that the property conveyed under subsection (a) 
is not being used in accordance with the purpose of the convey-
ance specified in subsection (a), all right, title, and interest 
in and to such property, including any improvements thereto, 
shall, at the option of the Secretary, revert to and become 
the property of the United States, and the United States shall 
have the right of immediate entry onto such property. A deter-
mination by the Secretary under this paragraph shall be made 
on the record after an opportunity for a hearing. 
(2) PAYMENT OF CONSIDERATION IN LIEU OF REVERSION.— 
In lieu of exercising the right of reversion retained under para-
graph (1) with respect to the property conveyed under sub-
section (a), the Secretary may require the LCC to pay to the 
United States an amount equal to the fair market value of 
the property conveyed, as determined by the Secretary. 
(3) TREATMENT OF CASH CONSIDERATION.—Any cash pay-
ment received by the United States under paragraph (2) shall 
be deposited in the special account in the Treasury established 
under subsection (b) of section 572 of title 40, United States 
Code, and shall be available in accordance with paragraph 
(5)(B) of such subsection. 
(e) ADDITIONAL TERMS.—The Secretary of the Army may require 
such additional terms and conditions in connection with the convey-
ance under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States. 
SEC. 2829. LAND CONVEYANCE, ST. GEORGE NATIONAL GUARD 
ARMORY, ST. GEORGE, UTAH. 
(a) LAND CONVEYANCE AUTHORIZED.—The Secretary of the 
Interior may convey, without consideration, to the State of Utah 
all right, title, and interest of the United States in and to a parcel 
of public land in St. George, Utah, comprising approximately 70 
acres, as described in Public Land Order 6840 published in the 
Federal Register on March 29, 1991 (56 Fed. Reg. 13081), and 
containing the St. George National Guard Armory for the purpose 
of permitting the Utah National Guard to use the conveyed land 
for military purposes. 
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130 STAT. 2728 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) TERMINATION
OF
PRIOR
ADMINISTRATIVE
ACTION.—The 
Public Land Order described in subsection (a), which provided for 
a 20-year withdrawal of the public land described in the Public 
Land Order, is withdrawn upon conveyance of the land under 
this section. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Interior. 
(d) CONVEYANCE AGREEMENT.—The conveyance under this sec-
tion shall be accomplished using a quitclaim deed or other legal 
instrument and upon terms and conditions mutually satisfactory 
to the Secretary of the Interior and the State of Utah, including 
such additional terms and conditions as the Secretary considers 
appropriate to protect the interests of the United States. 
(e) REVERSIONARY INTEREST.—If the Secretary of the Interior 
determines at any time that the property conveyed under subsection 
(a) is not being used in accordance with the purpose of the convey-
ance specified in subsection (a), all right, title, and interest in 
and to such property, including any improvements thereto, shall, 
at the option of the Secretary, revert to and become the property 
of the United States, and the United States shall have the right 
of immediate entry onto such property. A determination by the 
Secretary under this paragraph shall be made on the record after 
an opportunity for a hearing. 
SEC. 2829A. LAND ACQUISITIONS, ARLINGTON COUNTY, VIRGINIA. 
(a) ACQUISITION AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of the Army may acquire 
by purchase, exchange, donation, or by other means, including 
condemnation, which the Secretary determines is sufficient for 
the expansion of Arlington National Cemetery for purposes 
of ensuring maximization of interment sites and compatible 
use of adjacent properties, including any appropriate cemetery 
or memorial parking, all right, title, and interest in and to 
land— 
(A) from Arlington County (in this section referred 
to as the ‘‘County’’), one or more parcels of real property 
in the area known as the Southgate Road right-of-way, 
Columbia Pike right-of-way, and South Joyce Street right- 
of-way located in Arlington County, Virginia; and 
(B) from the Commonwealth of Virginia (in this section 
referred to as the ‘‘Commonwealth’’), one or more parcels 
of property in the area known as the Columbia Pike right- 
of-way, including the Washington Boulevard-Columbia Pike 
interchange, but excluding the Virginia Department of 
Transportation Maintenance and Operations Facility. 
(2) SELECTION OF PROPERTY FOR ACQUISITION.—The Memo-
randum of Understanding between the Department of the Army 
and Arlington County signed in January 2013 shall be used 
as a guide in determining the properties to be acquired under 
this section to expand Arlington National Cemetery to the 
maximum extent practicable. After consultation with the 
Commonwealth and the County, the Secretary shall determine 
the exact parcels to be acquired, and such determination shall 
be final. In selecting the properties to be acquired under para-
graph (1), the Secretary shall seek— 
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130 STAT. 2729 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) to remove existing barriers to the expansion of 
Arlington National Cemetery north of Columbia Pike 
through a realignment of Southgate Road to the western 
boundary of the former Navy Annex site; and 
(B) to support the realignment and straightening of 
Columbia Pike and redesign of the Washington Boulevard- 
Columbia Pike interchange. 
(3) CONSIDERATION.—The Secretary is authorized to expend 
amounts up to fair market value consideration for the interests 
in land acquired under this subsection. 
(b) EXCHANGE AUTHORIZED.— 
(1) EXCHANGE.—In carrying out the acquisition authorized 
in subsection (a), in lieu of the consideration authorized under 
subsection (a)(3), the Secretary may convey through land 
exchange— 
(A) to the County, all right, title, and interest of the 
United States in and to one or more parcels of real property, 
together with any improvements thereon, located south 
of current Columbia Pike and west of South Joyce Street 
in Arlington County, Virginia; 
(B) to the Commonwealth, all right, title, and interest 
of the United States in and to one or more parcels of 
property east of Joyce Street in Arlington County, Virginia, 
necessary for the realignment of Columbia Pike and the 
Washington Boulevard-Columbia Pike interchange, as well 
as for future improvements to Interstate 395 ramps; and 
(C) to either the County or the Commonwealth, other 
real property under control of the Secretary determined 
by the Secretary to be excess to the needs of the Army. 
(2) EXCHANGE VALUE.— 
(A) MINIMUM VALUE.—The Secretary shall obtain no 
less than fair market value consideration for any property 
conveyed under this subsection. 
(B) CASH EQUALIZATION.—Where the value of property 
to be exchanged is greater than the value of property 
to be acquired by the Secretary, the Secretary may accept 
cash equalization payments. 
(C) TREATMENT OF CASH CONSIDERATION RECEIVED.— 
Any cash payment received by the United States as consid-
eration for the conveyance under subparagraph (B) shall 
be deposited in the special account in the Treasury estab-
lished under subsection (b) of section 572 of title 40, United 
States Code, and shall be available in accordance with 
paragraph (5)(B) of such subsection or, in the case of 
conveyance of excess property located on a military installa-
tion closed under the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note), shall be deposited in the 
special account established under section 2906 of such Act. 
(c) APPRAISALS.—The value of property to be acquired or con-
veyed under this section shall be determined by appraisals accept-
able to the Secretary. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be acquired or conveyed under 
this section shall be determined by surveys satisfactory to the 
Secretary, in consultation with the Commonwealth and the County 
where practicable. 
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130 STAT. 2730 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
transactions authorized under this section as is considered appro-
priate to protect the interests of the United States. 
(f) REPEAL
OF
AUTHORITY.—Section 2841 of the Military 
Construction Authorization Act for Fiscal Year 2015 (division B 
of Public Law 113–291; 128 Stat. 3712) is repealed. 
SEC. 2829B. RELEASE OF RESTRICTIONS, RICHLAND INNOVATION 
CENTER, RICHLAND, WASHINGTON. 
(a) RELEASE AUTHORIZED.—The Secretary of Transportation, 
acting through the Maritime Administrator and in consultation 
with the Administrator of General Services, may, upon receipt 
of full consideration as provided in subsection (b), release all 
remaining right, title, and interest of the United States in and 
to a parcel of real property, including any improvements thereon, 
in Richland, Washington, consisting as of the date of the enactment 
of this Act of approximately 71.5 acres and containing personal 
and real property, to the Port of Benton (hereafter in this section 
referred to as the ‘‘Port’’). 
(b) CONSIDERATION.— 
(1) CONSIDERATION
REQUIRED.—As consideration for the 
release under subsection (a), the Port shall provide an amount 
that is acceptable to the Secretary of Transportation, whether 
by cash payment, in-kind consideration as described under 
paragraph (2), or a combination thereof, at such time as the 
Secretary may require. The Secretary may determine the level 
of acceptable consideration under this paragraph on the basis 
of the value of the restrictions released under subsection (a), 
but only if the value of such restrictions is determined without 
regard to any improvements made by the Port. 
(2) IN-KIND
CONSIDERATION.—In-kind consideration pro-
vided by the Port under paragraph (1) may include the acquisi-
tion, construction, provision, improvement, maintenance, repair, 
or restoration (including environmental restoration), or com-
bination thereof, of any facility or infrastructure under the 
jurisdiction of any office of the Federal Government. 
(3) TREATMENT
OF
CONSIDERATION
RECEIVED.—Consider-
ation in the form of cash payment received by the Secretary 
under paragraph (1) shall be deposited in the separate fund 
in the Treasury described in section 572(a)(1) of title 40, United 
States Code. 
(c) PAYMENT OF COST OF RELEASE.— 
(1) PAYMENT REQUIRED.—The Secretary of Transportation 
shall require the Port to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for such costs incurred 
by the Secretary, to carry out the release under subsection 
(a), including survey costs, costs for environmental documenta-
tion related to the release, and any other administrative costs 
related to the release. If amounts are collected from the Port 
in advance of the Secretary incurring the actual costs, and 
the amount collected exceeds the costs actually incurred by 
the Secretary to carry out the release, the Secretary shall 
refund the excess amount to the Port. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
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130 STAT. 2731 
PUBLIC LAW 114–328—DEC. 23, 2016 
by the Secretary in carrying out the release under subsection 
(a) or, if the period of availability of obligations for that appro-
priation has expired, to the appropriations of fund that is 
currently available to the Secretary for the same purpose. 
Amounts so credited shall be merged with amounts in such 
fund or account and shall be available for the same purposes, 
and subject to the same conditions and limitations, as amounts 
in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property which is the subject of the release 
under subsection (a) shall be determined by a survey satisfactory 
to the Secretary of Transportation. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The Secretary of 
Transportation may require such additional terms and conditions 
in connection with the release under subsection (a) as the Secretary, 
in consultation with the Administrator of General Services, con-
siders appropriate to protect the interests of the United States. 
SEC. 2829C. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN 
ARSENAL NATIONAL WILDLIFE REFUGE. 
Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife 
Refuge Act of 1992 (Public Law 102–402; 16 U.S.C. 668dd note) 
is amended by adding at the end the following new subparagraph: 
‘‘(C)(i) Notwithstanding clause (i) of subparagraph (A), the 
restriction attached to any deed to any real property designated 
for disposal under this section that prohibits the use of the 
property for residential or industrial purposes may be modified 
or removed if a determination is made that the property will 
be protective of human health and the environment for the 
proposed use with an adequate margin of safety following the 
modification or removal of the restriction. 
‘‘(ii) The determination described in clause (i) shall be 
made after— 
‘‘(I) the performance of a risk assessment pursuant 
to the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); 
and 
‘‘(II) the completion of response actions that are nec-
essary to protect human health and the environment to 
allow for the proposed use. 
‘‘(iii) The Secretary of the Army shall not be responsible 
or liable for any of the following: 
‘‘(I) The cost of the risk assessment performed under 
subclause (I) of clause (ii) or any response actions described 
in subclause (II) of clause (ii). 
‘‘(II) Any damages attributable to the use of property 
for residential or industrial purposes as the result of the 
modification or removal of a deed restriction pursuant to 
clause (i), or the costs of any actions taken in response 
to such damages.’’. 
SEC. 2829D. CLOSURE OF ST. MARYS AIRPORT. 
(a) RELEASE OF RESTRICTIONS.—Subject to subsection (b), the 
United States, acting through the Administrator of the Federal 
Aviation Administration, shall release the city of St. Marys, Georgia, 
from all restrictions, conditions, and limitations on the use, encum-
brance, conveyance, and closure of the St. Marys Airport, to the 
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130 STAT. 2732 
PUBLIC LAW 114–328—DEC. 23, 2016 
extent such restrictions, conditions, and limitations are enforceable 
by the Administrator. 
(b) REQUIREMENTS
FOR
RELEASE
OF
RESTRICTIONS.—The 
Administrator shall execute the release under subsection (a) once 
all of the following occurs: 
(1) The Secretary of the Navy transfers to the Georgia 
Department of Transportation the amounts described in sub-
section (c) and requires as an enforceable condition on such 
transfer that all funds transferred shall be used only for airport 
development (as defined in section 47102 of title 49, United 
States Code) of a general aviation airport in Georgia, consistent 
with planning efforts conducted by the Administrator and the 
Georgia Department of Transportation. 
(2) The city of St. Marys, for consideration as provided 
for in this section, grants to the United States, under the 
administrative jurisdiction of the Secretary, a restrictive use 
easement in the real property used for the St. Marys Airport, 
as determined acceptable by the Secretary, under such terms 
and conditions as the Secretary considers necessary to protect 
the interests of the United States and prohibiting the future 
use of such property for all aviation-related purposes and any 
other purposes deemed by the Secretary to be incompatible 
with the operations, functions, and missions of Naval Sub-
marine Base, Kings Bay, Georgia. 
(3) The Secretary obtains an appraisal to determine the 
fair market value of the real property used for the St. Marys 
Airport in the manner described in subsection (c)(1). 
(4) The Administrator fulfills the obligations under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) in connection with the release under subsection (a). 
In carrying out such obligations— 
(A) the Administrator shall not assume or consider 
any potential or proposed future redevelopment of the cur-
rent St. Marys airport property; 
(B) any potential new general aviation airport in 
Georgia shall be deemed to be not connected with the 
release noted in subsection (a) nor the closure of St. Marys 
Airport; and 
(C) any environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
for a potential general aviation airport in Georgia shall 
be considered through an environmental review process 
separate and apart from the environmental review made 
a condition of release by this section. 
(c) TRANSFER OF AMOUNTS DESCRIBED.—The amounts described 
in this subsection are the following: 
(1) An amount equal to the fair market value of the real 
property of the St. Marys Airport, as determined by the Sec-
retary and concurred in by the Administrator, based on an 
appraisal report and title documentation that— 
(A) is prepared or adopted by the Secretary, and con-
curred in by the Administrator, not more than 180 days 
prior to the transfer described in subsection (b)(1); and 
(B) meets all requirements of Federal law and the 
appraisal and documentation standards applicable to the 
acquisition and disposal of real property interests of the 
United States. 
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130 STAT. 2733 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) An amount equal to the unamortized portion of any 
Federal development grants (including grants available under 
a State block grant program established pursuant to section 
47128 of title 49, United States Code), other than used for 
the acquisition of land, paid to the city of St. Marys for use 
as the St. Marys Airport. 
(3) An amount equal to the airport revenues remaining 
in the airport account for the St. Marys Airport as of the 
date of the enactment of this Act and as otherwise due to 
or received by the city of St. Marys after such date of enactment 
pursuant to sections 47107(b) and 47133 of title 49, United 
States Code. 
(d) AUTHORIZATION
FOR TRANSFER
OF FUNDS.—Using funds 
available to the Department of the Navy for operation and mainte-
nance, the Secretary may pay the amounts described in subsection 
(c) to the Georgia Department of Transportation, conditioned as 
described in subsection (b)(1). 
(e) ADDITIONAL REQUIREMENTS.— 
(1) SURVEY.—The exact acreage and legal description of 
St. Marys Airport shall be determined by a survey satisfactory 
to the Secretary and concurred in by the Administrator. 
(2) PLANNING OF GENERAL AVIATION AIRPORT.—Any plan-
ning effort for the development of a new general aviation airport 
in southeast Georgia using the amounts described in subsection 
(c) shall be conducted in coordination with the Secretary, and 
shall ensure that any such airport does not encroach on the 
operations, functions, and missions of Naval Submarine Base, 
Kings Bay, Georgia. 
(f) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to limit the applicability of— 
(1) the requirements and processes under section 46319 
of title 49, United States Code; 
(2) the requirements and processes under part 157 of title 
14, Code of Federal Regulations; or 
(3) the public notice requirements under section 47107(h)(2) 
of title 49, United States Code. 
SEC. 2829E. TRANSFER OF FORT BELVOIR MARK CENTER CAMPUS 
FROM THE SECRETARY OF THE ARMY TO THE SEC-
RETARY OF DEFENSE AND APPLICABILITY OF CERTAIN 
PROVISIONS OF LAW RELATING TO THE PENTAGON RES-
ERVATION. 
(a) INCLUSION OF MARK CENTER CAMPUS UNDER PENTAGON 
RESERVATION AUTHORITIES.— 
(1) DEFINITION OF PENTAGON RESERVATION.—Paragraph (1) 
of subsection (f) of section 2674 of title 10, United States 
Code, is amended to read as follows: 
‘‘(1) The term ‘Pentagon Reservation’ means the Pentagon, 
the Mark Center Campus, and the Raven Rock Mountain Com-
plex.’’. 
(2) OTHER
DEFINITIONS.—Such subsection is further 
amended by adding at the end the following new paragraphs: 
‘‘(3) The term ‘Pentagon’ means that area of land (consisting 
of approximately 227 acres) and improvements thereon, 
including parking areas, located in Arlington County, Virginia, 
containing the Pentagon Office Building and its supporting 
facilities. 
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130 STAT. 2734 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(4) The term ‘Mark Center Campus’ means that area 
of land (consisting of approximately 16 acres) and improvements 
thereon, including parking areas, located in Alexandria, Vir-
ginia, and known on the day before the date of the enactment 
of this paragraph as the Fort Belvoir Mark Center Campus. 
‘‘(5) The term ‘Raven Rock Mountain Complex’ means that 
area of land (consisting of approximately 720 acres) and 
improvements thereon, including parking areas, at the Raven 
Rock Mountain Complex and its supporting facilities located 
in Maryland and Pennsylvania.’’. 
(3) CONFORMING AMENDMENT RELATING TO LAW ENFORCE-
MENT AUTHORITY.—Subsection (b)(1) of such section is amended 
by inserting ‘‘for the Pentagon Reservation and’’ after ‘‘law 
enforcement and security functions’’. 
(4) CONFORMING AMENDMENT RELATING TO DEFINITIONS.— 
Subsection (g) of such section is repealed. 
(b) UPDATE
TO
REFERENCE
TO
SECRETARY
OF
DEFENSE 
AUTHORITY.—Subsection (a) of such section is amended— 
(1) by striking ‘‘Jurisdiction’’ and inserting ‘‘The Secretary 
of Defense has jurisdiction’’; and 
(2) by striking ‘‘is transferred to the Secretary of Defense’’. 
(c) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Such sub-
section is further amended— 
(1) by striking ‘‘(1)’’ after ‘‘(a)’’; and 
(2) by striking paragraphs (2) and (3). 
(d) SUBSECTION CAPTIONS.—Such section is further amended— 
(1) in subsection (a), as amended by subsection (c) of this 
section, by inserting ‘‘PENTAGON RESERVATION.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by striking ‘‘(b)(1)’’ and inserting ‘‘ 
(b) LAW ENFORCEMENT AUTHORITIES AND PERSONNEL.—(1)’’; 
(3) in subsection (c), by striking ‘‘(c)(1)’’ and inserting ‘‘ 
(c) REGULATIONS AND ENFORCEMENT.—(1)’’; 
(4) in subsection (d), by inserting ‘‘AUTHORITY TO CHARGE 
FOR PROVISION OF CERTAIN SERVICES AND FACILITIES.—’’ after 
‘‘(d)’’; 
(5) in subsection (e), by striking ‘‘(e)(1)’’ and inserting ‘‘ 
(e) PENTAGON RESERVATION MAINTENANCE REVOLVING FUND.— 
(1)’’; and 
(6) in subsection (f), by inserting ‘‘DEFINITIONS.—’’ after 
‘‘(f)’’. 
SEC. 2829F. RETURN OF CERTAIN LANDS AT FORT WINGATE, NEW 
MEXICO, TO THE ORIGINAL INHABITANTS. 
(a) DIVISION
AND TREATMENT
OF LANDS
OF FORMER FORT 
WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT THE ZUNI 
TRIBE AND NAVAJO NATION.— 
(1) IMMEDIATE TRUST ON BEHALF OF ZUNI TRIBE; EXCEP-
TION.—Subject to valid existing rights and to easements 
reserved pursuant to subsection (b), all right, title, and interest 
of the United States in and to the lands of Former Fort Wingate 
Depot Activity depicted in dark blue on the map titled ‘‘The 
Fort Wingate Depot Activity Negotiated Property Division April 
2016’’ (in this section referred to as the ‘‘Map’’) and transferred 
to the Secretary of the Interior are to be held in trust by 
the Secretary of the Interior for the Zuni Tribe as part of 
the Zuni Reservation, unless the Zuni Tribe otherwise elects 
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130 STAT. 2735 
PUBLIC LAW 114–328—DEC. 23, 2016 
under clause (ii) of paragraph (3)(C) to have the parcel conveyed 
to it in Restricted Fee Status. 
(2) IMMEDIATE TRUST ON BEHALF OF THE NAVAJO NATION; 
EXCEPTION.—Subject to valid existing rights and to easements 
reserved pursuant to subsection (b), all right, title, and interest 
of the United States in and to the lands of Former Fort Wingate 
Depot Activity depicted in dark green on the Map and trans-
ferred to the Secretary of the Interior are to be held in trust 
by the Secretary of the Interior for the Navajo Nation as 
part of the Navajo Reservation, unless the Navajo Nation other-
wise elects under clause (ii) of paragraph (3)(C) to have the 
parcel conveyed to it in Restricted Fee Status. 
(3) SUBSEQUENT
TRANSFER
AND
TRUST; RESTRICTED
FEE 
STATUS ALTERNATIVE.— 
(A) TRANSFER UPON COMPLETION OF REMEDIATION.— 
Not later than 60 days after the date on which the Sec-
retary of the Army, with the concurrence of the New Mexico 
Environment Department, notifies the Secretary of the 
Interior that remediation of a parcel of land of Former 
Fort Wingate Depot Activity has been completed consistent 
with subsection (c), the Secretary of the Army shall transfer 
administrative jurisdiction over the parcel to the Secretary 
of the Interior. 
(B) NOTIFICATION
OF
TRANSFER.—Not later than 30 
days after the date on which the Secretary of the Army 
transfers administrative jurisdiction over a parcel of land 
of Former Fort Wingate Depot Activity under subparagraph 
(A), the Secretary of the Interior shall notify the Zuni 
Tribe and Navajo Nation of the transfer of administrative 
jurisdiction over the parcel. 
(C) TRUST OR RESTRICTED FEE STATUS.— 
(i) TRUST.—Except as provided in clause (ii), the 
Secretary of the Interior shall hold each parcel of land 
of Former Fort Wingate Depot Activity transferred 
under subparagraph (A) in trust— 
(I) for the Zuni Tribe, in the case of land 
depicted in blue on the Map; or 
(II) for the Navajo Nation, in the case of land 
depicted in green on the Map. 
(ii) RESTRICTED
FEE
STATUS.—In lieu of having 
a parcel of land held in trust under clause (i), the 
Zuni Tribe, with respect to land depicted in blue on 
the Map, and the Navajo Nation, with respect to land 
depicted in green on the Map, may elect to have the 
Secretary of the Interior convey the parcel or any por-
tion of the parcel to it in restricted fee status. 
(iii) NOTIFICATION OF ELECTION.—Not later than 
45 days after the date on which the Zuni Tribe or 
the Navajo Nation receives notice under subparagraph 
(B) of the transfer of administrative jurisdiction over 
a parcel of land of Former Fort Wingate Depot Activity, 
the Zuni Tribe or the Navajo Nation shall notify the 
Secretary of the Interior of an election under clause 
(ii) for conveyance of the parcel or any portion of the 
parcel in restricted fee status. 
(iv) CONVEYANCE.—As soon as practicable after 
receipt of a notice from the Zuni Tribe or the Navajo 
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130 STAT. 2736 
PUBLIC LAW 114–328—DEC. 23, 2016 
Nation under clause (iii), but in no case later than 
6 months after receipt of the notice, the Secretary 
of the Interior shall convey, in restricted fee status, 
the parcel of land of Former Fort Wingate Depot 
Activity covered by the notice to the Zuni Tribe or 
the Navajo Nation, as the case may be. 
(v) RESTRICTED
FEE
STATUS
DEFINED.—For pur-
poses of this section only, the term ‘‘restricted fee 
status’’, with respect to land conveyed under clause 
(iv), means that the land so conveyed— 
(I) shall be owned in fee by the Indian tribe 
to whom the land is conveyed; 
(II) shall be part of the Indian tribe’s Reserva-
tion and expressly made subject to the jurisdiction 
of the Indian Tribe; 
(III) shall not be sold by the Indian tribe with-
out the consent of Congress; 
(IV) shall not be subject to taxation by a State 
or local government other than the government 
of the Indian tribe; and 
(V) shall not be subject to any provision of 
law providing for the review or approval by the 
Secretary of the Interior before an Indian tribe 
may use the land for any purpose, directly or 
through agreement with another party. 
(4) SURVEY AND BOUNDARY REQUIREMENTS.— 
(A) IN GENERAL.—The Secretary of the Interior shall— 
(i) provide for the survey of lands of Former Fort 
Wingate Depot Activity taken into trust for the Zuni 
Tribe or the Navajo Nation or conveyed in restricted 
fee status for the Zuni Tribe or the Navajo Nation 
under paragraph (1), (2), or (3); and 
(ii) establish legal boundaries based on the Map 
as parcels are taken into trust or conveyed in restricted 
fee status. 
(B) CONSULTATION.—Not later than 90 days after the 
date of the enactment of this section, the Secretary of 
the Interior shall consult with the Zuni Tribe and the 
Navajo Nation to determine their priorities regarding the 
order in which parcels should be surveyed and, to the 
greatest extent feasible, the Secretary shall follow these 
priorities. 
(5) RELATION TO CERTAIN REGULATIONS.—Part 151 of title 
25, Code of Federal Regulations, shall not apply to taking 
lands of Former Fort Wingate Depot Activity into trust under 
paragraph (1), (2), or (3). 
(6) FORT WINGATE LAUNCH COMPLEX LAND STATUS.—Upon 
certification by the Secretary of Defense that the area generally 
depicted as ‘‘Fort Wingate Launch Complex’’ on the Map is 
no longer required for military purposes and can be transferred 
to the Secretary of the Interior— 
(A) the areas generally depicted as ‘‘FWLC A’’ and 
‘‘FWLC B’’ on the Map shall be held in trust by the Sec-
retary of the Interior for the Zuni Tribe in accordance 
with this subsection; and 
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130 STAT. 2737 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) the areas generally depicted as ‘‘FWLC C’’ and 
‘‘FWLC D’’ on the Map shall be held in trust by the Sec-
retary of the Interior for the Navajo Nation in accordance 
with this subsection. 
(b) TEMPORARY RETENTION
OF NECESSARY EASEMENTS
AND 
ACCESS.— 
(1) TREATMENT OF EXISTING EASEMENTS, PERMIT RIGHTS, 
AND RIGHTS-OF-WAY.— 
(A) IN GENERAL.—The lands of Former Fort Wingate 
Depot Activity held in trust or conveyed in restricted fee 
status pursuant to subsection (a) shall be held in trust 
with easements, permit rights, and rights-of-way, and 
access associated with such easements, permit rights, and 
rights-of-way, of any applicable utility service provider in 
existence or for which an application is pending for existing 
facilities at the time of the conveyance or change to trust 
status, including the right to upgrade applicable utility 
services recognized and preserved, for a period of 40 years 
beginning on the date of the conveyance or change to 
trust status and without the right of revocation during 
such period (except as provided in subparagraph (B)). 
(B) TERMINATION.—During the 40-year period referred 
to in subparagraph (A), an easement, permit right, or right- 
of-way recognized and preserved under subparagraph (A) 
shall terminate only— 
(i) on the relocation of an applicable utility service 
referred to in subparagraph (A), but only with respect 
to that portion of the utility facilities that are relocated; 
or 
(ii) with the consent of the holder of the easement, 
permit right, or right-of-way. 
(C) ADDITIONAL
EASEMENTS.—During the 40-year 
period referred to in subparagraph (A), the Secretary of 
the Interior shall grant to a utility service provider, without 
consideration, such additional easements across lands held 
in trust or conveyed in restricted fee status pursuant to 
subsection (a) as the Secretary considers necessary to 
accommodate the relocation or reconnection of a utility 
service existing on the date of enactment of this section. 
(2) ACCESS FOR ENVIRONMENTAL RESPONSE ACTIONS.—The 
lands of Former Fort Wingate Depot Activity held in trust 
or conveyed in restricted fee status pursuant to subsection 
(a) shall be subject to reserved access by the United States 
as the Secretary of the Army and the Secretary of the Interior 
determine are reasonably required to permit access to lands 
of Former Fort Wingate Depot Activity for administrative and 
environmental response purposes. The Secretary of the Army 
shall provide to the governments of the Zuni Tribe and the 
Navajo Nation written copies of all access reservations under 
this subsection. 
(3) SHARED ACCESS.— 
(A) PARCEL
1
SHARED
CULTURAL
AND
RELIGIOUS 
ACCESS.—In the case of the lands of Former Fort Wingate 
Depot Activity depicted as Parcel 1 on the Map, the lands 
shall be held in trust subject to a shared easement for 
cultural and religious purposes only. Both the Zuni Tribe 
and the Navajo Nation shall have unhindered access to 
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130 STAT. 2738 
PUBLIC LAW 114–328—DEC. 23, 2016 
their respective cultural and religious sites within Parcel 
1. Within 1 year after the date of the enactment of this 
section, the Zuni Tribe and the Navajo Nation shall 
exchange detailed information to document the existence 
of cultural and religious sites within Parcel 1 for the pur-
pose of carrying out this subparagraph. The information 
shall also be provided to the Secretary of the Interior. 
(B) OTHER
SHARED
ACCESS.—Subject to the written 
consent of both the Zuni Tribe and the Navajo Nation, 
the Secretary of the Interior may facilitate shared access 
to other lands held in trust or restricted fee status pursuant 
to subsection (a), including, but not limited to, religious 
and cultural sites. 
(4) I–40 FRONTAGE ROAD ENTRANCE.—The access road for 
the Former Fort Wingate Depot Activity, which originates at 
the frontage road for Interstate 40 and leads to the parcel 
of the Former Fort Wingate Depot Activity depicted as 
‘‘administration area’’ on the Map, shall be held in common 
by the Zuni Tribe and Navajo Nation to provide for equal 
access to Former Fort Wingate Depot Activity. 
(5) COMPATIBILITY WITH DEFENSE ACTIVITIES.—The lands 
of Former Fort Wingate Depot Activity held in trust or conveyed 
in restricted fee status pursuant to subsection (a) shall be 
subject to reservations by the United States as the Secretary 
of Defense determines are reasonably required to permit access 
to lands of the Fort Wingate launch complex for administrative, 
test operations, and launch operations purposes. The Secretary 
of Defense shall provide the governments of the Zuni Tribe 
and the Navajo Nation written copies of all reservations under 
this paragraph. 
(c) ENVIRONMENTAL REMEDIATION.—Nothing in this section 
shall be construed as alleviating, altering, or affecting the responsi-
bility of the United States for cleanup and remediation of Former 
Fort Wingate Depot Activity in accordance with the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980. 
(d) PROHIBITION ON GAMING.—Any real property of the Former 
Fort Wingate Depot Activity and all other real property subject 
to this section shall not be eligible, or used, for any gaming activity 
carried out under the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.). 
Subtitle D—Military Memorials, 
Monuments, and Museums 
SEC. 2831. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME 
OF THE NATIONAL CRYPTOLOGIC MUSEUM. 
(a) AUTHORITY TO ESTABLISH AND OPERATE CENTER.—Chapter 
449 of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 4781. Cyber Center for Education and Innovation-Home 
of the National Cryptologic Museum 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may establish 
at a publicly accessible location at Fort George G. Meade the ‘Cyber 
Center for Education and Innovation-Home of the National 
Cryptologic Museum’ (in this section referred to as the ‘Center’). 
10 USC 4781 
note. 
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130 STAT. 2739 
PUBLIC LAW 114–328—DEC. 23, 2016 
The Center may be used for the identification, curation, storage, 
and public viewing of materials relating to the activities of the 
National Security Agency, its predecessor or successor organiza-
tions, and the history of cryptology. The Center may contain 
meeting, conference, and classroom facilities that will be used to 
support such education, training, public outreach, and other pur-
poses as the Secretary considers appropriate. 
‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.—The Secretary 
may enter into an agreement with the National Cryptologic Museum 
Foundation (in this section referred to as the ‘Foundation’), a non-
profit organization, for the design, construction, and operation of 
the Center. 
‘‘(c) ACCEPTANCE AUTHORITY.— 
‘‘(1) ACCEPTANCE
OF
FACILITY.—If the Foundation con-
structs the Center pursuant to an agreement with the Founda-
tion under subsection (b), upon satisfactory completion of the 
Center’s construction or any phase thereof, as determined by 
the Secretary, and upon full satisfaction by the Foundation 
of any other obligations pursuant to such agreement, the Sec-
retary may accept the Center (or any phase thereof) from 
the Foundation, and all right, title, and interest in the Center 
or such phase shall vest in the United States. 
‘‘(2) ACCEPTANCE
OF
SERVICES.—Notwithstanding section 
1342 of title 31, the Secretary may accept services from the 
Foundation in connection with the design, construction, and 
operation of the Center. For purposes of this section and any 
other provision of law, employees or personnel of the Founda-
tion shall not be considered to be employees of the United 
States. 
‘‘(d) FEES AND USER CHARGES.— 
‘‘(1) AUTHORITY TO ASSESS FEES AND USER CHARGES.—The 
Secretary may assess fees and user charges sufficient to cover 
the cost of the use of Center facilities and property, including 
rental, user, conference, and concession fees. 
‘‘(2) USE OF FUNDS.—Amounts received by the Secretary 
under paragraph (1) shall be deposited into the Fund estab-
lished under subsection (e). 
‘‘(e) FUND.— 
‘‘(1) ESTABLISHMENT.—Upon the Secretary’s acceptance of 
the Center under subsection (c)(1), there is established in the 
Treasury a fund to be known as the Cyber Center for Education 
and Innovation-Home of the National Cryptologic Museum 
Fund (in this section referred to as the ‘Fund’). 
‘‘(2) CONTENTS.—The Fund shall consist of the following 
amounts: 
‘‘(A) Fees and user charges deposited by the Secretary 
under subsection (d). 
‘‘(B) Any other amounts received by the Secretary 
which are attributable to the operation of the Center. 
‘‘(3) USE OF FUND.—Amounts in the Fund shall be available 
to the Secretary for the benefit and operation of the Center, 
including the costs of operation and the acquisition of books, 
manuscripts, works of art, historical artifacts, drawings, plans, 
models, and condemned or obsolete combat materiel. 
‘‘(4) CONTINUING AVAILABILITY OF AMOUNTS.—Amounts in 
the Fund shall be available without fiscal year limitation.’’. 
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130 STAT. 2740 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘4781. Cyber Center for Education and Innovation-Home of the National Cryptologic 
Museum.’’. 
SEC. 2832. RENAMING SITE OF THE DAYTON AVIATION HERITAGE 
NATIONAL HISTORICAL PARK, OHIO. 
Section 101(b)(5) of the Dayton Aviation Heritage Preservation 
Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking ‘‘Avia-
tion Center’’ and inserting ‘‘National Museum’’. 
SEC. 2833. WOMEN’S MILITARY SERVICE MEMORIALS AND MUSEUMS. 
(a) AUTHORIZATION.—The Secretary of Defense may provide 
not more than $5,000,000 in financial support for the acquisition, 
installation, and maintenance of exhibits, facilities, historical dis-
plays, and programs at military service memorials and museums 
that highlight the role of women in the military. The Secretary 
may enter into a contract with a nonprofit organization for the 
purpose of performing such acquisition, installation, and mainte-
nance. 
(b) OFFSET.—Of the funds authorized to be appropriated by 
section 301 for operation and maintenance, Army, and available 
for the National Museum of the United States Army, not more 
than $5,000,000 shall be provided, at the discretion of the Secretary 
of Defense, to carry out activities under subsection (a). 
SEC. 2834. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODI-
FICATION. 
(a) IN GENERAL.—The boundary of the Petersburg National 
Battlefield is modified to include the land and interests in land 
as generally depicted on the map titled ‘‘Petersburg National Battle-
field Proposed Boundary Expansion’’, numbered 325/80,080, and 
dated June 2007/March 2016. The map shall be on file and available 
for public inspection in the appropriate offices of the National 
Park Service. 
(b) ACQUISITION OF PROPERTIES.— 
(1) AUTHORITY.—The Secretary of the Interior (referred 
to in this section as the ‘‘Secretary’’) is authorized to acquire 
the land and interests in land described in subsection (a) from 
willing sellers only, by donation, purchase with donated or 
appropriated funds, exchange, or transfer. 
(2) TECHNICAL CORRECTION.—Section 313(a) of the National 
Parks and Recreation Act of 1978 (Public Law 95–625; 92 
Stat. 3479) is amended by striking ‘‘twenty-one’’ and inserting 
‘‘23’’. 
(c) ADMINISTRATION.—The Secretary shall administer any land 
or interests in land acquired under subsection (b) as part of the 
Petersburg National Battlefield in accordance with applicable laws 
and regulations. 
(d) ADMINISTRATIVE JURISDICTION TRANSFER.— 
(1) IN GENERAL.—There is transferred— 
(A) from the Secretary to the Secretary of the Army 
administrative jurisdiction over the approximately 1.170- 
acre parcel of land depicted as ‘‘Area to be transferred 
to Fort Lee Military Reservation’’ on the map described 
in paragraph (2); and 
16 USC 423a–3. 
10 USC 113 note. 
10 USC 
prec. 4771. 
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130 STAT. 2741 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) from the Secretary of the Army to the Secretary 
administrative jurisdiction over the approximately 1.171- 
acre parcel of land depicted as ‘‘Area to be transferred 
to Petersburg National Battlefield’’ on the map described 
in paragraph (2). 
(2) MAP.—The parcels of land described in paragraph (1) 
are depicted on the map titled ‘‘Petersburg National Battlefield 
Proposed Transfer of Administrative Jurisdiction’’, numbered 
325/80,801A, dated May 2011/March 2016. The map shall be 
on file and available for public inspection in the appropriate 
offices of the National Park Service. 
(3) CONDITIONS OF TRANSFER.—The transfer of administra-
tive jurisdiction under paragraph (1) is subject to the following 
conditions: 
(A) NO
REIMBURSEMENT
OR
CONSIDERATION.—The 
transfer shall be without reimbursement or consideration. 
(B) MANAGEMENT.— 
(i) LAND TRANSFERRED TO THE SECRETARY OF THE 
ARMY.—The land transferred to the Secretary of the 
Army under paragraph (1)(A) shall be excluded from 
the boundary of the Petersburg National Battlefield. 
(ii) LAND TRANSFERRED TO THE SECRETARY.—The 
land transferred to the Secretary under paragraph 
(1)(B)— 
(I) shall be included within the boundary of 
the Petersburg National Battlefield; and 
(II) shall be administered as part of Petersburg 
National Battlefield in accordance with applicable 
laws and regulations. 
Subtitle E—Designations and Other 
Matters 
SEC. 2841. DESIGNATION OF PORTION OF MOFFETT FEDERAL AIR-
FIELD, CALIFORNIA, AS MOFFETT AIR NATIONAL GUARD 
BASE. 
(a) DESIGNATION.—The 111-acre cantonment area at Moffett 
Federal Airfield, California, utilized by the 129th Rescue Wing 
of the California Air National Guard shall be known and designated 
as ‘‘Moffett Air National Guard Base’’. 
(b) REFERENCES.—Any reference in any law, regulation, map, 
document, paper, or other record of the United States to the canton-
ment area at Moffett Federal Airfield described in subsection (a) 
shall be considered to be a reference to Moffett Air National Guard 
Base. 
SEC. 2842. REDESIGNATION OF MIKE O’CALLAGHAN FEDERAL MED-
ICAL CENTER. 
Section 2867 of the Military Construction Authorization Act 
for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 
2806), as amended by section 8135(a) of the Department of Defense 
Appropriations Act, 1997 (section 101(b) of division A of the Omni-
bus Consolidated Appropriations Act, 1997 (Public Law 104–208; 
110 Stat. 3009–118)), and as amended by section 2862 of the Mili-
tary Construction Authorization Act for Fiscal Year 2012 (division 
B of Public Law 112–81; 125 Stat. 1701), is further amended— 
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130 STAT. 2742 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) by striking ‘‘Mike O’Callaghan Federal Medical Center’’ 
each place it appears and inserting ‘‘Mike O’Callaghan Military 
Medical Center’’; and 
(2) in the heading, by striking ‘‘MIKE O’CALLAGHAN’’ and 
all that follows and inserting ‘‘MIKE O’CALLAGHAN MILITARY 
MEDICAL CENTER.’’. 
SEC. 2843. REPLENISHMENT OF SIERRA VISTA SUBWATERSHED 
REGIONAL AQUIFER, ARIZONA. 
The Secretary of the Army or the Secretary of the Interior 
may enter into agreements with the Cochise Conservation Recharge 
Network, Arizona, in support of water conservation, recharge, and 
reuse efforts for the regional aquifer identified under section 321(g) 
of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136; 117 Stat. 1439). 
SEC. 2844. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT 
OF PUBLIC INFRASTRUCTURE IN CONNECTION WITH 
REALIGNMENT OF MARINE CORPS FORCES IN ASIA- 
PACIFIC REGION. 
(a) REVISION.—Notwithstanding section 2821(b) of the Military 
Construction Authorization Act for Fiscal Year 2015 (division B 
of Public Law 113–291; 128 Stat. 3701), the Secretary of Defense 
may proceed with a public infrastructure project on Guam which 
is described in subsection (b) if— 
(1) the project was identified in the report prepared by 
the Secretary of Defense under section 2822(d)(2) of the Military 
Construction Authorization Act for Fiscal Year 2014 (division 
B of Public Law 113–66; 127 Stat. 1017); and 
(2) amounts have been appropriated or made available 
to be expended by the Department of Defense for the project. 
(b) PROJECTS DESCRIBED.—A project described in this sub-
section is any of the following: 
(1) A project intended to improve water and wastewater 
systems. 
(2) A project intended to improve curation of archeological 
and cultural artifacts. 
(c) REPEAL OF SUPERSEDED LAW.—Section 2821 of the Military 
Construction Authorization Act for Fiscal Year 2016 (division B 
of Public Law 114–92; 129 Stat. 1177) is repealed. 
SEC. 2845. DURATION OF WITHDRAWAL AND RESERVATION OF PUBLIC 
LAND, NAVAL AIR WEAPONS STATION CHINA LAKE, CALI-
FORNIA. 
Section 2979 of the Military Construction Authorization Act 
for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 
1047) is amended by striking ‘‘March 31, 2039’’ and inserting ‘‘March 
31, 2064’’. 
TITLE XXIX—OVERSEAS CONTINGENCY 
OPERATIONS MILITARY CONSTRUC-
TION 
Sec. 2901. Authorized Navy construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Authorization of appropriations. 
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130 STAT. 2743 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of the Navy may acquire real property and 
carry out the military construction projects for the installations 
outside the United States, and in the amounts, set forth in the 
following table: 
Navy: Outside the United States 
Country 
Installation 
Amount 
Djibouti ..................
Camp Lemonier .............................
$37,409,000 
Iceland ...................
Keflavik ..........................................
$19,600,000 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of the Air Force may acquire real property and 
carry out the military construction projects for the installations 
outside the United States, and in the amounts, set forth in the 
following table: 
Air Force: Outside the United States 
Country 
Installation 
Amount 
Bulgaria .................
Graf Ignatievo ................................
$13,400,000 
Djibouti ..................
Chabelley Airfield ..........................
$10,500,000 
Estonia ...................
Amari Air Base ..............................
$6,500,000 
Germany ................
Spangdahlem Air Base ..................
$18,700,000 
Lithuania ...............
Siauliai ...........................................
$3,000,000 
Poland ....................
Powidz Air Base .............................
$4,100,000 
Lask Air Base ................................
$4,100,000 
Romania .................
Campia Turzii ................................
$18,500,000 
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2016, for the military construction 
projects outside the United States authorized by this title as speci-
fied in the funding table in section 4602 and 4603. 
TITLE XXX—UTAH TEST AND TRAINING 
RANGE AND RELATED MATTERS 
Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent 
to the Utah Test and Training Range 
Sec. 3001. Definitions. 
Sec. 3002. Memorandum of agreement. 
Sec. 3003. Temporary closures. 
Sec. 3004. Liability. 
Sec. 3005. Community resource advisory group. 
Sec. 3006. Savings clauses. 
Subtitle B—Bureau of Land Management Land Exchange With State of Utah 
Sec. 3011. Definitions. 
Sec. 3012. Exchange of Federal land and non-Federal land. 
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130 STAT. 2744 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 3013. Status and management of non-Federal land acquired by the United 
States. 
Sec. 3014. Hazardous substances. 
Subtitle A—Authorization for Temporary 
Closure of Certain Public Land Adjacent 
to the Utah Test and Training Range 
SEC. 3001. DEFINITIONS. 
In this subtitle: 
(1) BLM LAND.—The term ‘‘BLM land’’ means certain public 
land administered by the Bureau of Land Management in the 
State comprising approximately 703,621 acres, as generally 
depicted on the map entitled ‘‘Utah Test and Training Range 
Enhancement/West Desert Land Exchange’’ and dated July 21, 
2016. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State of Utah. 
(4) UTAH TEST AND TRAINING RANGE.—The term ‘‘Utah Test 
and Training Range’’ means the portions of the military land 
and airspace operating area of the Utah Test and Training 
Area that are located in the State, including the Dugway 
Proving Ground. 
SEC. 3002. MEMORANDUM OF AGREEMENT. 
(a) MEMORANDUM OF AGREEMENT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary and the Secretary of 
the Air Force shall enter into a memorandum of agreement 
to authorize the Secretary of the Air Force, in consultation 
with the Secretary, to impose limited closures of the BLM 
land for military operations and national security and public 
safety purposes, as provided in this subtitle. 
(2) DRAFT.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary and the Sec-
retary of the Air Force shall complete a draft of the memo-
randum of agreement required under paragraph (1). 
(B) PUBLIC
COMMENT
PERIOD.—During the 30-day 
period beginning on the date on which the draft memo-
randum of agreement is completed under subparagraph 
(A), there shall be an opportunity for public comment on 
the draft memorandum of agreement, including an oppor-
tunity for the Utah Test and Training Range Community 
Resource Advisory Group established under section 3005 
to provide comments on the draft memorandum of agree-
ment. 
(3) MANAGEMENT
BY
SECRETARY.—The memorandum of 
agreement entered into under paragraph (1) shall provide that 
the Secretary shall continue to manage the BLM land in accord-
ance with the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.) and applicable land use plans, 
while allowing for the temporary closure of the BLM land 
in accordance with this subtitle. 
(4) PERMITS AND RIGHTS-OF-WAY.— 
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130 STAT. 2745 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) IN GENERAL.—The Secretary shall consult with the 
Secretary of the Air Force regarding Utah Test and 
Training Range mission requirements before issuing new 
use permits or rights-of-way on the BLM land. 
(B) FRAMEWORK.—The Secretary and the Secretary of 
the Air Force shall establish within the memorandum of 
agreement entered into under paragraph (1) a framework 
agreed to by the Secretary and the Secretary of the Air 
Force for resolving any disagreement on the issuance of 
permits or rights-of-way on the BLM land. 
(5) TERMINATION.— 
(A) IN
GENERAL.—The memorandum of agreement 
entered into under paragraph (1) shall be for a term to 
be determined by the Secretary and the Secretary of the 
Air Force, not to exceed 25 years. 
(B) EARLY TERMINATION.—The memorandum of agree-
ment may be terminated before the date determined under 
subparagraph (A) if the Secretary of the Air Force deter-
mines that the temporary closure of the BLM land is no 
longer necessary to fulfill Utah Test and Training Range 
mission requirements. 
(b) MAP.—The Secretary may correct any minor errors in the 
map described in section 3001(1). 
(c) LAND SAFETY.—If decontamination of the BLM land is nec-
essary due to an action of the Air Force, the Secretary of the 
Air Force shall— 
(1) render the BLM land safe for public use; and 
(2) appropriately communicate the safety of the land to 
the Secretary on the date on which the BLM land is rendered 
safe for public use under paragraph (1). 
(d) CONSULTATION.—The Secretary shall consult with any feder-
ally recognized Indian tribe in the vicinity of the BLM land before 
entering into any agreement under this subtitle. 
(e) GRAZING.— 
(1) EFFECT.—Nothing in this subtitle affects the manage-
ment of grazing on the BLM land. 
(2) CONTINUATION
OF
GRAZING
MANAGEMENT.—The Sec-
retary shall continue grazing management on the BLM land 
pursuant to the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.) and applicable resource 
management plans. 
(f) MEMORANDUM OF UNDERSTANDING ON EMERGENCY ACCESS 
AND RESPONSE.—Nothing in this section precludes the continuation 
of the memorandum of understanding between the Department 
of the Interior and the Department of the Air Force with respect 
to emergency access and response, as in existence on the date 
of enactment of this Act. 
(g) WITHDRAWAL.—Subject to valid existing rights, the BLM 
land is withdrawn from all forms of appropriation under the public 
land laws, including the mining laws, the mineral leasing laws, 
and the geothermal leasing laws. 
SEC. 3003. TEMPORARY CLOSURES. 
(a) IN GENERAL.—If the Secretary of the Air Force determines 
that military operations (including operations relating to the fulfill-
ment of the mission of the Utah Test and Training Range), public 
safety, or national security require the temporary closure to public 
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130 STAT. 2746 
PUBLIC LAW 114–328—DEC. 23, 2016 
use of any road, trail, or other portion of the BLM land, the 
Secretary of the Air Force may take such action as the Secretary 
of the Air Force, in consultation with the Secretary, determines 
necessary to carry out the temporary closure. 
(b) LIMITATIONS.—Any temporary closure under subsection (a)— 
(1) shall be limited to the minimum areas and periods 
that the Secretary of the Air Force determines are required 
to carry out a closure under this section; 
(2) shall not occur on a State or Federal holiday, unless 
notice is provided in accordance with subsection (c)(1)(B); 
(3) shall not occur on a Friday, Saturday, or Sunday, unless 
notice is provided in accordance with subsection (c)(1)(B); and 
(4)(A) if practicable, shall be for not longer than a 3- 
hour period per day; 
(B) shall only be for longer than a 3-hour period per 
day— 
(i) for mission essential reasons; and 
(ii) as infrequently as practicable and in no case 
for more than 10 days per year; and 
(C) shall in no case be for longer than a 6-hour period 
per day. 
(c) NOTICE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary of the Air Force shall— 
(A) keep appropriate warning notices posted before 
and during any temporary closure; and 
(B) provide notice to the Secretary, public, and relevant 
stakeholders concerning the temporary closure— 
(i) at least 30 days before the date on which the 
temporary closure goes into effect; 
(ii) in the case of a closure during the period begin-
ning on March 1 and ending on May 31, at least 
60 days before the date on which the closure goes 
into effect; or 
(iii) in the case of a closure described in paragraph 
(3) or (4) of subsection (b), at least 90 days before 
the date on which the closure goes into effect. 
(2) SPECIAL NOTIFICATION PROCEDURES.—In each case for 
which a mission-unique security requirement does not allow 
for the notifications described in paragraph (1)(B), the Secretary 
of the Air Force shall work with the Secretary to achieve 
a mutually agreeable timeline for notification. 
(d) MAXIMUM ANNUAL CLOSURES.—The total cumulative hours 
of temporary closures authorized under this section with respect 
to the BLM land shall not exceed 100 hours annually. 
(e) PROHIBITION
ON
CERTAIN
TEMPORARY
CLOSURES.—The 
northernmost area identified as ‘‘Newfoundland’s’’ on the map 
described in section 3001(1) shall not be subject to any temporary 
closure between August 21 and February 28, in accordance with 
the lawful hunting seasons of the State of Utah. 
(f) EMERGENCY GROUND RESPONSE.—A temporary closure of 
a portion of the BLM land shall not affect the conduct of emergency 
response activities on the BLM land during the temporary closure. 
(g) LIVESTOCK.—Livestock authorized by a Federal grazing 
permit shall be allowed to remain on the BLM land during a 
temporary closure of the BLM land under this section. 
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130 STAT. 2747 
PUBLIC LAW 114–328—DEC. 23, 2016 
(h) LAW ENFORCEMENT AND SECURITY.—The Secretary and the 
Secretary of the Air Force may enter into cooperative agreements 
with State and local law enforcement officials with respect to lawful 
procedures and protocols to be used in promoting public safety 
and operation security on or near the BLM land during noticed 
test and training periods. 
SEC. 3004. LIABILITY. 
The United States (including all departments, agencies, officers, 
and employees of the United States) shall be held harmless and 
shall not be liable for any injury or damage to any individual 
or property suffered in the course of any mining, mineral, or geo-
thermal activity, or any other authorized nondefense-related 
activity, conducted on the BLM land. 
SEC. 3005. COMMUNITY RESOURCE ADVISORY GROUP. 
(a) ESTABLISHMENT.—Not later than 90 days after the date 
of enactment of this Act, there shall be established the Utah Test 
and Training Range Community Resource Advisory Group (referred 
to in this section as the ‘‘Community Group’’) to provide regular 
and continuing input to the Secretary and the Secretary of the 
Air Force on matters involving public access to, use of, and overall 
management of the BLM land. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The Secretary shall appoint members 
to the Community Group, including— 
(A) 1 representative of Indian tribes in the vicinity 
of the BLM land, to be nominated by a majority vote 
conducted among the Indian tribes in the vicinity of the 
BLM land; 
(B) not more than 1 county commissioner from each 
of Box Elder, Tooele, and Juab Counties, Utah; 
(C) 2 representatives of off-road and highway use, 
hunting, or other recreational users of the BLM land; 
(D) 2 representatives of livestock permittees on public 
land located within the BLM land; 
(E) 1 representative of the Utah Department of Agri-
culture and Food; and 
(F) not more than 3 representatives of State or Federal 
offices or agencies, or private groups or individuals, if the 
Secretary determines that such representatives would fur-
ther the goals and objectives of the Community Group. 
(2) CHAIRPERSON.—The members described in paragraph 
(1) shall elect from among the members of the Community 
Group— 
(A) 1 member to serve as Chairperson of the Commu-
nity Group; and 
(B) 1 member to serve as Vice-Chairperson of the 
Community Group. 
(3) AIR FORCE PERSONNEL.—The Secretary of the Air Force 
shall appoint appropriate operational and land management 
personnel of the Air Force to serve as a liaison to the Commu-
nity Group. 
(c) CONDITIONS AND TERMS OF APPOINTMENT.— 
(1) IN GENERAL.—Each member of the Community Group 
shall serve voluntarily and without compensation. 
(2) TERM OF APPOINTMENT.— 
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130 STAT. 2748 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) IN
GENERAL.—Each member of the Community 
Group shall be appointed for a term of 4 years. 
(B) ORIGINAL
MEMBERS.—Notwithstanding subpara-
graph (A), the Secretary shall select 1⁄2 of the original 
members of the Community Group to serve for a term 
of 4 years and the other 1⁄2 of the original members of 
the Community Group to serve for a term of 2 years, 
to ensure the replacement of members shall be staggered 
from year to year. 
(C) REAPPOINTMENT
AND
REPLACEMENT.—The Sec-
retary may reappoint or replace a member of the Commu-
nity Group appointed under subsection (b)(1), if— 
(i) the term of the member has expired; 
(ii) the member has resigned; or 
(iii) the position held by the member described 
in subparagraph (A) through (F) of paragraph (1) has 
changed to the extent that the ability of the member 
to represent the group or entity that the member rep-
resents has been significantly affected. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Community Group shall meet not 
less than once per year, and at such other frequencies as 
determined by 5 or more of the members of the Community 
Group. 
(2) RESPONSIBILITIES OF COMMUNITY GROUP.—The Commu-
nity Group shall be responsible for determining appropriate 
schedules for, details of, and actions for meetings of the Commu-
nity Group. 
(3) NOTICE.—The Chairperson shall provide notice to each 
member of the Community Group not less than 10 business 
days before the date of a scheduled meeting. 
(4) EXEMPT
FROM
FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to meetings of the Community Group. 
(e) RECOMMENDATIONS OF COMMUNITY GROUP.—The Secretary 
and Secretary of the Air Force, consistent with existing laws 
(including regulations), shall take under consideration recommenda-
tions from the Community Group. 
(f) TERMINATION OF AUTHORITY.— 
(1) IN GENERAL.—The Community Group shall terminate 
on the date that is seven years after the date of enactment 
of this Act. 
(2) EARLY TERMINATION.—The Secretary and the Commu-
nity Group, acting jointly, may elect to terminate the Commu-
nity Group before the date provided in subsection (a). 
SEC. 3006. SAVINGS CLAUSES. 
(a) EFFECT ON WEAPON IMPACT AREA.—Nothing in this subtitle 
expands the boundaries of the weapon impact area of the Utah 
Test and Training Range. 
(b) EFFECT ON SPECIAL USE AIRSPACE AND TRAINING ROUTES.— 
Nothing in this subtitle precludes— 
(1) the designation of new units of special use airspace; 
or 
(2) the expansion of existing units of special use airspace. 
(c) EFFECT
ON EXISTING MILITARY SPECIAL USE AIRSPACE 
AGREEMENT.—Nothing in this subtitle limits or alters the Military 
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130 STAT. 2749 
PUBLIC LAW 114–328—DEC. 23, 2016 
Operating Areas of Airspace Use Agreement between the Federal 
Aviation Administration and the Air Force in effect on the date 
of enactment of this Act. 
(d) EFFECT
ON EXISTING RIGHTS
AND AGREEMENTS.—Except 
as otherwise provided in section 3003, nothing in this subtitle 
limits or alters any existing right or right of access to— 
(1) the Knolls Special Recreation Management Area; or 
(2)(A) the Bureau of Land Management Community Pits 
Central Grayback and South Grayback; and 
(B) any other county or community pit located within close 
proximity to the BLM land. 
(e) INTERSTATE 80.—Nothing in this subtitle authorizes any 
additional authority or right to the Secretary or the Secretary 
of the Air Force to temporarily close Interstate 80. 
(f) EFFECT ON LIMITATION ON AMENDMENTS TO CERTAIN INDI-
VIDUAL RESOURCE MANAGEMENT PLANS.—Nothing in this subtitle 
affects the limitation established under section 2815(d) of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 113 Stat. 852). 
(g) EFFECT ON PREVIOUS MEMORANDUM OF UNDERSTANDING.— 
Nothing in this subtitle affects the memorandum of understanding 
entered into by the Air Force, the Bureau of Land Management, 
the Utah Department of Natural Resources, and the Utah Division 
of Wildlife Resources relating to the reestablishment of bighorn 
sheep in the Newfoundland Mountains and signed by the parties 
to the memorandum of understanding during the period beginning 
on January 24, 2000, and ending on February 4, 2000. 
(h) EFFECT
ON
FEDERALLY
RECOGNIZED
INDIAN
TRIBES.— 
Nothing in this subtitle alters any right reserved by treaty or 
Federal law for a Federally recognized Indian tribe for tribal use. 
(i) PAYMENTS
IN LIEU
OF TAXES.—Nothing in this subtitle 
diminishes, enhances, or otherwise affects any other right or entitle-
ment of the counties in which the BLM land is situated to payments 
in lieu of taxes based on the BLM land, under section 6901 of 
title 31, United States Code. 
(j) WILDLIFE IMPROVEMENTS.—The Secretary and the Utah Divi-
sion of Wildlife Resources shall continue the management of wildlife 
improvements, including guzzlers, in existence as of the date of 
enactment of this Act on the BLM land. 
Subtitle B—Bureau of Land Management 
Land Exchange With State of Utah 
SEC. 3011. DEFINITIONS. 
In this subtitle: 
(1) EXCHANGE MAP.—The term ‘‘Exchange Map’’ means the 
map prepared by the Bureau of Land Management entitled 
‘‘Utah Test and Training Range Enhancement/West Desert 
Land Exchange’’ and dated Jule 21, 2016. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the 
Bureau of Land Management land located in Box Elder, Mil-
lard, Juab, Tooele, and Beaver Counties, Utah, that is identified 
on the Exchange Map as ‘‘BLM Lands Proposed for Transfer 
to State Trust Lands’’. 
(3) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’ 
means the land owned by the State in Box Elder, Tooele, 
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130 STAT. 2750 
PUBLIC LAW 114–328—DEC. 23, 2016 
and Juab Counties, Utah, that is identified on the Exchange 
Map as— 
(A) ‘‘State Trust Land Proposed for Transfer to BLM’’; 
and 
(B) ‘‘State Trust Minerals Proposed for Transfer to 
BLM’’. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State of Utah, 
acting through the School and Institutional Trust Lands 
Administration. 
SEC. 3012. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. 
(a) IN GENERAL.—If the State offers to convey to the United 
States title to the non-Federal land, the Secretary shall— 
(1) accept the offer; and 
(2) on receipt of all right, title, and interest in and to 
the non-Federal land, convey to the State (or a designee) all 
right, title, and interest of the United States in and to the 
Federal land. 
(b) APPLICABLE LAW.— 
(1) IN GENERAL.—The land exchange shall be subject to 
section 206 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1716) and other applicable law. 
(2) EFFECT OF STUDY.—The Secretary shall carry out the 
land exchange under this subtitle notwithstanding section 
2815(d) of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 113 Stat. 852). 
(3) LAND
USE
PLANNING.—The Secretary shall not be 
required to undertake any additional land use planning under 
section 202 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712) before the conveyance of the Federal 
land under this subtitle. 
(c) VALID EXISTING RIGHTS.—The exchange authorized under 
subsection (a) shall be subject to valid existing rights. 
(d) TITLE APPROVAL.—Title to the Federal land and non-Federal 
land to be exchanged under this subtitle shall be in a format 
acceptable to the Secretary and the State. 
(e) APPRAISALS.— 
(1) IN GENERAL.—The value of the Federal land and the 
non-Federal land to be exchanged under this subtitle shall 
be determined by appraisals conducted by 1 or more inde-
pendent and qualified appraisers. 
(2) STATE APPRAISER.—The Secretary and the State may 
agree to use an independent and qualified appraiser retained 
by the State, with the consent of the Secretary. 
(3) APPLICABLE LAW.—The appraisals under paragraph (1) 
shall be conducted in accordance with nationally recognized 
appraisal standards, including, as appropriate, the Uniform 
Appraisal Standards for Federal Land Acquisitions and the 
Uniform Standards of Professional Appraisal Practice. 
(4) MINERALS.— 
(A) MINERAL
REPORTS.—The appraisals under para-
graph (1) may take into account mineral and technical 
reports provided by the Secretary and the State in the 
evaluation of minerals in the Federal land and non-Federal 
land. 
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130 STAT. 2751 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) MINING CLAIMS.—Federal land that is encumbered 
by a mining or millsite claim located under sections 2318 
through 2352 of the Revised Statutes (commonly known 
as the ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.) shall 
be appraised in accordance with standard appraisal prac-
tices, including, as appropriate, the Uniform Appraisal 
Standards for Federal Land Acquisition. 
(C) VALIDITY EXAMINATION.—Nothing in this subtitle 
requires the Secretary to conduct a mineral examination 
for any mining claim on the Federal land. 
(5) APPROVAL.—An appraisal conducted under paragraph 
(1) shall be submitted to the Secretary and the State for 
approval. 
(6) DURATION.—An appraisal conducted under paragraph 
(1) shall remain valid for 3 years after the date on which 
the appraisal is approved by the Secretary and the State. 
(7) COST OF APPRAISAL.— 
(A) IN GENERAL.—The cost of an appraisal conducted 
under paragraph (1) shall be paid equally by the Secretary 
and the State. 
(B) REIMBURSEMENT
BY
SECRETARY.—If the State 
retains an appraiser in accordance with paragraph (2), 
the Secretary shall reimburse the State in an amount 
equal to 50 percent of the costs incurred by the State. 
(f) CONVEYANCE OF TITLE.—It is the intent of Congress that 
the land exchange authorized under this subtitle shall be completed 
not later than 1 year after the date of final approval by the Sec-
retary and the State of the appraisals conducted under subsection 
(e). 
(g) PUBLIC INSPECTION AND NOTICE.— 
(1) PUBLIC INSPECTION.—At least 30 days before the date 
of conveyance of the Federal land and non-Federal land, all 
final appraisals and appraisal reviews for the Federal land 
and non-Federal land to be exchanged under this subtitle shall 
be available for public review at the office of the State Director 
of the Bureau of Land Management in the State. 
(2) NOTICE.—The Secretary or the State, as applicable, 
shall publish in a newspaper of general circulation in Salt 
Lake County, Utah, a notice that the appraisals conducted 
under subsection (e) are available for public inspection. 
(h) CONSULTATION WITH INDIAN TRIBES.—The Secretary shall 
consult with any federally recognized Indian tribe in the vicinity 
of the Federal land and non-Federal land to be exchanged under 
this subtitle before the completion of the land exchange. 
(i) EQUAL VALUE EXCHANGE.— 
(1) IN GENERAL.—The value of the Federal land and non- 
Federal land to be exchanged under this subtitle— 
(A) shall be equal; or 
(B) shall be made equal in accordance with paragraph 
(2). 
(2) EQUALIZATION.— 
(A) SURPLUS OF FEDERAL LAND.— 
(i) IN GENERAL.—If the value of the Federal land 
exceeds the value of the non-Federal land, the value 
of the Federal land and non-Federal land shall be 
equalized by the State conveying to the Secretary, as 
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130 STAT. 2752 
PUBLIC LAW 114–328—DEC. 23, 2016 
necessary to equalize the value of the Federal land 
and non-Federal land— 
(I) State trust land parcel 1, as described in 
the assessment entitled ‘‘Bureau of Land Manage-
ment Environmental Assessment UT–100–06–EA’’, 
numbered UTU–82090, and dated March 2008; or 
(II) State trust land located within any of the 
wilderness areas or national conservation areas 
in Washington County, Utah, established under 
subtitle O of title I of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 
Stat. 1075). 
(ii) ORDER
OF
CONVEYANCES.—Any non-Federal 
land required to be conveyed to the Secretary under 
clause (i) shall be conveyed until the value of the 
Federal land and non-Federal land is equalized. 
(B) SURPLUS OF NON-FEDERAL LAND.—If the value of 
the non-Federal land exceeds the value of the Federal 
land, the value of the Federal land and the non-Federal 
land shall be equalized— 
(i) by the Secretary making a cash equalization 
payment to the State, in accordance with section 206(b) 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1716(b)); or 
(ii) by removing non-Federal land from the 
exchange. 
(j) GRAZING PERMITS.— 
(1) IN GENERAL.—If the Federal land or non-Federal land 
exchanged under this subtitle is subject to a lease, permit, 
or contract for the grazing of domestic livestock in effect on 
the date of acquisition, the Secretary and the State shall allow 
the grazing to continue for the remainder of the term of the 
lease, permit, or contract, subject to the related terms and 
conditions of user agreements, including permitted stocking 
rates, grazing fee levels, access rights, and ownership and 
use of range improvements. 
(2) RENEWAL.—To the extent allowed by Federal or State 
law, on expiration of any grazing lease, permit, or contract 
described in paragraph (1), the holder of the lease, permit, 
or contract shall be entitled to a preference right to renew 
the lease, permit, or contract. 
(3) CANCELLATION.— 
(A) IN
GENERAL.—Nothing in this subtitle prevents 
the Secretary or the State from canceling or modifying 
a grazing permit, lease, or contract if the Federal land 
or non-Federal land subject to the permit, lease, or contract 
is sold, conveyed, transferred, or leased for non-grazing 
purposes by the Secretary or the State. 
(B) LIMITATION.—Except to the extent reasonably nec-
essary to accommodate surface operations in support of 
mineral development, the Secretary or the State shall not 
cancel or modify a grazing permit, lease, or contract 
because the land subject to the permit, lease, or contract 
has been leased for mineral development. 
(4) BASE
PROPERTIES.—If non-Federal land conveyed by 
the State under this subtitle is used by a grazing permittee 
or lessee to meet the base property requirements for a Federal 
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130 STAT. 2753 
PUBLIC LAW 114–328—DEC. 23, 2016 
grazing permit or lease, the land shall continue to qualify 
as a base property for— 
(A) the remaining term of the lease or permit; and 
(B) the term of any renewal or extension of the lease 
or permit. 
(k) WITHDRAWAL
OF FEDERAL LAND FROM MINERAL ENTRY 
PRIOR TO EXCHANGE.—Subject to valid existing rights, the Federal 
land to be conveyed to the State under this subtitle is withdrawn 
from mineral location, entry, and patent under the mining laws 
pending conveyance of the Federal land to the State. 
SEC. 3013. STATUS AND MANAGEMENT OF NON-FEDERAL LAND 
ACQUIRED BY THE UNITED STATES. 
(a) IN GENERAL.—On conveyance to the United States under 
this subtitle, the non-Federal land shall be managed by the Sec-
retary in accordance with the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans. 
(b) NON-FEDERAL LAND WITHIN CEDAR MOUNTAINS WILDER-
NESS.—On conveyance to the Secretary under this subtitle, the 
non-Federal land located within the Cedar Mountains Wilderness 
shall, in accordance with section 206(c) of the Federal Land Policy 
Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered 
as part of, the Cedar Mountains Wilderness. 
(c) NON-FEDERAL
LAND
WITHIN
WILDERNESS
AREAS
OR 
NATIONAL CONSERVATION AREAS.—On conveyance to the Secretary 
under this subtitle, non-Federal land located in a national wilder-
ness area or national conservation area shall be managed in accord-
ance with the applicable provisions of subtitle O of title I of the 
Omnibus Public Land Management Act of 2009 (Public Law 111– 
11). 
SEC. 3014. HAZARDOUS SUBSTANCES. 
(a) COSTS.—Except as provided in subsection (b), the costs 
of remedial actions relating to hazardous substances on land 
acquired under this subtitle shall be paid by those entities respon-
sible for the costs under applicable law. 
(b) REMEDIATION OF PRIOR TESTING AND TRAINING ACTIVITY.— 
The Secretary of the Air Force shall bear all costs of remediation 
required as a result of the previous testing of military weapons 
systems and the training of military forces on non-Federal land 
to be conveyed to the United States under this subtitle. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs and Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Nuclear energy. 
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130 STAT. 2754 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Independent acquisition project reviews of capital assets acquisition 
projects. 
Sec. 3112. Protection of certain nuclear facilities and assets from unmanned air-
craft. 
Sec. 3113. Common financial reporting system for the nuclear security enterprise. 
Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford 
Nuclear Reservation. 
Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant. 
Sec. 3116. Disposition of weapons-usable plutonium. 
Sec. 3117. Design basis threat. 
Sec. 3118. Industry best practices in operations at National Nuclear Security Ad-
ministration facilities and sites. 
Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified 
for laboratory-directed research and development. 
Sec. 3120. Research and development of advanced naval nuclear fuel system based 
on low-enriched uranium. 
Sec. 3121. Increase in certain limitations applicable to funds for conceptual and 
construction design of the Department of Energy. 
Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. 
Sec. 3123. Limitation on availability of funds for Federal salaries and expenses. 
Sec. 3124. Limitation on availability of funds for defense environmental cleanup 
program direction. 
Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons 
dismantlement. 
Subtitle C—Plans and Reports 
Sec. 3131. Independent assessment of technology development under defense envi-
ronmental cleanup program. 
Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear 
weapons and fissile material. 
Sec. 3133. Report on the use of highly-enriched uranium for naval reactors. 
Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste 
at Hanford Nuclear Reservation. 
Sec. 3135. Clarification of annual report and certification on status of security of 
atomic energy defense facilities. 
Sec. 3136. Report on service support contracts and authority for appointment of 
certain personnel. 
Sec. 3137. Elimination of certain reporting requirements. 
Sec. 3138. Report on United States nuclear deterrence. 
Subtitle A—National Security Programs 
and Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2017 for the activities of the National Nuclear Security 
Administration in carrying out programs as specified in the funding 
table in section 4701. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
Project 17–D–630, Expand Electrical Distribution System, 
Lawrence Livermore National Laboratory, Livermore, Cali-
fornia, $25,000,000. 
Project 17–D–640, U1a Complex Enhancements Project, 
Nevada National Security Site, Mercury, Nevada, $11,500,000. 
Project 17–D–911, BL Fire System Upgrade, Bettis Atomic 
Power Laboratory, West Mifflin, Pennsylvania, $1,400,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
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130 STAT. 2755 
PUBLIC LAW 114–328—DEC. 23, 2016 
fiscal year 2017 for defense environmental cleanup activities in 
carrying out programs as specified in the funding table in section 
4701. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out, for defense 
environmental cleanup activities, the following new plant project: 
Project 17–D–401, Saltstone Disposal Unit #7, Savannah 
River Site, Aiken, South Carolina, $9,729,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment 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 Depart-
ment of Energy for fiscal year 2017 for nuclear energy as specified 
in the funding table in section 4701. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAP-
ITAL ASSETS ACQUISITION PROJECTS. 
(a) IN GENERAL.—Subtitle C of title XLVII of the Atomic Energy 
Defense Act (50 U.S.C. 2772) is amended by inserting after section 
4732 the following new section: 
‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAP-
ITAL ASSETS ACQUISITION PROJECTS. 
‘‘(a) REVIEWS.—The appropriate head shall ensure that an inde-
pendent entity conducts reviews of each capital assets acquisition 
project as the project moves toward the approval of each of critical 
decision 0, critical decision 1, and critical decision 2 in the acquisi-
tion process. 
‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addition to any 
other matters, with respect to each review of a capital assets 
acquisition project under subsection (a) that has not reached critical 
decision 1 approval in the acquisition process, such review shall 
include— 
‘‘(1) a review using best practices of the analysis of alter-
natives for the project; and 
‘‘(2) identification of any deficiencies in such analysis of 
alternatives for the appropriate head to address. 
‘‘(c) INDEPENDENT
ENTITIES.—The appropriate head shall 
ensure that each review of a capital assets acquisition project under 
subsection (a) is conducted by an independent entity with the appro-
priate expertise with respect to the project and the stage in the 
acquisition process of the project. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘acquisition process’ means the acquisition 
process for a project, as defined in Department of Energy Order 
413.3B (relating to project management and project manage-
ment for the acquisition of capital assets), or a successor order. 
50 USC 2773. 
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130 STAT. 2756 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) The term ‘appropriate head’ means— 
‘‘(A) the Administrator, with respect to capital assets 
acquisition projects of the Administration; and 
‘‘(B) the Assistant Secretary of Energy for Environ-
mental Management, with respect to capital assets acquisi-
tion projects of the Office of Environmental Management. 
‘‘(3) The term ‘capital assets acquisition project’ means 
a project— 
‘‘(A) the total project cost of which is more than 
$500,000,000; and 
‘‘(B) that is covered by Department of Energy Order 
413.3, or a successor order, for the acquisition of capital 
assets for atomic energy defense activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for such Act 
is amended by inserting after the item relating to section 4732 
the following new item: 
‘‘Sec. 4733. Independent acquisition project reviews of capital assets acquisition 
projects.’’. 
SEC. 3112. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND 
ASSETS FROM UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Subtitle A of title XLV of the Atomic Energy 
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND 
ASSETS FROM UNMANNED AIRCRAFT. 
‘‘(a) AUTHORITY.—Notwithstanding any provision of title 18, 
United States Code, the Secretary of Energy may take such actions 
described in subsection (b)(1) that are necessary to mitigate the 
threat (as defined by the Secretary of Energy, in consultation with 
the Secretary of Transportation) that an unmanned aircraft system 
or unmanned aircraft poses to the safety or security of a covered 
facility or asset. 
‘‘(b) ACTIONS DESCRIBED.—(1) The actions described in this 
paragraph are the following: 
‘‘(A) Detect, identify, monitor, and track the unmanned 
aircraft system or unmanned aircraft, without prior consent, 
including by means of intercept or other access of a wire, 
oral, or electronic communication used to control the unmanned 
aircraft system or unmanned aircraft. 
‘‘(B) Warn the operator of the unmanned aircraft system 
or unmanned aircraft, including by passive or active, and direct 
or indirect physical, electronic, radio, and electromagnetic 
means. 
‘‘(C) Disrupt control of the unmanned aircraft system or 
unmanned aircraft, without prior consent, including by dis-
abling the unmanned aircraft system or unmanned aircraft 
by intercepting, interfering, or causing interference with wire, 
oral, electronic, or radio communications used to control the 
unmanned aircraft system or unmanned aircraft. 
‘‘(D) Seize or exercise control of the unmanned aircraft 
system or unmanned aircraft. 
‘‘(E) Seize or otherwise confiscate the unmanned aircraft 
system or unmanned aircraft. 
‘‘(F) Use reasonable force to disable, damage, or destroy 
the unmanned aircraft system or unmanned aircraft. 
50 USC 2661. 
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130 STAT. 2757 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) The Secretary of Energy shall develop the actions described 
in paragraph (1) in coordination with the Secretary of Transpor-
tation. 
‘‘(c) FORFEITURE.—Any unmanned aircraft system or unmanned 
aircraft described in subsection (a) that is seized by the Secretary 
of Energy is subject to forfeiture to the United States. 
‘‘(d) REGULATIONS.—The Secretary of Energy and the Secretary 
of Transportation may prescribe regulations and shall issue guid-
ance in the respective areas of each Secretary to carry out this 
section. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered facility or asset’ means any facility 
or asset that is— 
‘‘(A) identified by the Secretary of Energy for purposes 
of this section; 
‘‘(B) located in the United States (including the terri-
tories and possessions of the United States); and 
‘‘(C) owned by the United States or contracted to the 
United States, to store or use special nuclear material. 
‘‘(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft 
system’ have the meanings given those terms in section 331 
of the FAA Modernization and Reform Act of 2012 (Public 
Law 112–95; 49 U.S.C. 40101 note).’’. 
(b) CLERICAL AMENDMENT.—The table of contents for such Act 
is amended by inserting after the item relating to section 4509 
the following new item: 
‘‘Sec. 4510. Protection of certain nuclear facilities and assets from unmanned air-
craft.’’. 
SEC. 3113. COMMON FINANCIAL REPORTING SYSTEM FOR THE 
NUCLEAR SECURITY ENTERPRISE. 
(a) IN GENERAL.—By not later than four years after the date 
of the enactment of this Act, the Administrator for Nuclear Security 
shall, in consultation with the National Nuclear Security Adminis-
tration Council established by section 4102(b) of the Atomic Energy 
Defense Act (50 U.S.C. 2512(b)), complete, to the extent practicable, 
the implementation of a common financial reporting system for 
the nuclear security enterprise. 
(b) ELEMENTS.—The common financial reporting system imple-
mented pursuant to subsection (a) shall include the following: 
(1) Common data reporting requirements for work per-
formed using funds of the National Nuclear Security Adminis-
tration, including reporting of financial data by standardized 
labor categories, labor hours, functional elements, and cost 
elements. 
(2) A common work breakdown structure for the Adminis-
tration that aligns contractor work breakdown structures with 
the budget structure of the Administration. 
(3) Definitions and methodologies for identifying and 
reporting costs for programs of records and base capabilities 
within the Administration. 
(4) A capability to leverage, where appropriate, the Defense 
Cost Analysis Resource Center of the Office of Cost Assessment 
and Program Evaluation of the Department of Defense using 
historical costing data by the Administration. 
(c) REPORTS.— 
50 USC 2512 
note. 
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130 STAT. 2758 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN
GENERAL.—Not later than March 1, 2017, and 
annually thereafter, the Administrator shall, in consultation 
with the National Nuclear Security Administration Council, 
submit to the congressional defense committees a report on 
progress of the Administration toward implementing a common 
financial reporting system for the nuclear security enterprise 
as required by subsection (a). 
(2) REPORT.—Each report under this subsection shall 
include the following: 
(A) A summary of activities, accomplishments, chal-
lenges, benefits, and costs related to the implementation 
of a common financial reporting system for the nuclear 
security enterprise during the year preceding the year in 
which such report is submitted. 
(B) A summary of planned activities in connection with 
the implementation of a common financial reporting system 
for the nuclear security enterprise in the year in which 
such report is submitted. 
(C) A description of any anticipated modifications to 
the schedule for implementing a common financial 
reporting system for the nuclear security enterprise, 
including an update on possible risks, challenges, and costs 
related to such implementation. 
(3) TERMINATION.—No report is required under this sub-
section after the completion of the implementation of a common 
financial reporting system for the nuclear security enterprise. 
(d) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this section, 
the term ‘‘nuclear security enterprise’’ has the meaning given that 
term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 
2501). 
SEC. 3114. ROUGH ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK 
WASTE CLEANUP AT HANFORD NUCLEAR RESERVATION. 
(a) IN GENERAL.—Not later than two years after the date of 
the enactment of this Act, the Secretary of Energy shall submit 
to the congressional defense committees a rough estimate of the 
total life cycle cost of the cleanup of tank waste at Hanford Nuclear 
Reservation, Richland, Washington. 
(b) ELEMENTS.—The rough estimate of the total life cycle cost 
required by subsection (a) shall include cost estimates for the fol-
lowing: 
(1) The Waste Treatment and Immobilization Plant, 
assuming a hot start occurs in 2033 and initial plant operations 
commence in 2036. 
(2) Operations of the Waste Treatment and Immobilization 
Plant, assuming operations continue through 2061. 
(3) Tank waste management and treatment, assuming oper-
ations of the Waste Treatment and Immobilization Plant con-
tinue through 2061. 
(4) Anticipated increases in the volume of waste in the 
double shell tanks resulting from tank waste management 
activities. 
(5) High-level waste canister temporary storage and 
preparation for permanent disposal. 
(6) Any additional facilities, including additional evapo-
rative capacity, that may be needed to treat tank waste at 
Hanford Nuclear Reservation. 
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130 STAT. 2759 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) COST ESTIMATING BEST PRACTICES.—To the maximum extent 
practicable, the rough estimate of the total life cycle cost required 
by subsection (a) shall be developed in accordance with the cost 
estimating best practices of the Government Accountability Office. 
(d) SUBMISSION
OF
ADDITIONAL
INDEPENDENT
COST
ESTI-
MATES.—The Secretary shall submit to the congressional defense 
committees, as part of the rough estimate of the total life cycle 
cost required by subsection (a), any other independent cost esti-
mates for the Waste Treatment and Immobilization Plant or related 
facilities conducted before the date on which the rough estimate 
of the total life cycle cost is required to be submitted under that 
subsection. 
SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLA-
TION PILOT PLANT. 
(a) IN GENERAL.—In order to ensure that waste shipments 
to the Waste Isolation Pilot Plant, Carlsbad, New Mexico (in this 
section referred to as ‘‘WIPP’’) are packaged and handled properly 
to prevent the release of radiation or contamination above regu-
latory limits, the Secretary of Energy shall submit to the congres-
sional defense committees, not later than February 1 of each year 
during the five-year period beginning on the date of the enactment 
of this Act, a written certification that— 
(1) the Secretary knew of the contents of such shipments 
during the 12-month period preceding the date of the certifi-
cation and has ensured that the Secretary will know of the 
contents of such shipments planned during the 12-month period 
following the date of the certification; and 
(2) such shipments made during the 12-month period pre-
ceding the date of the certification were sufficiently safe and 
secure for transportation and disposal and the Secretary has 
ensured that such shipments planned during the 12-month 
period following the date of the certification will be sufficiently 
safe and secure for transportation and disposal. 
(b) ADDITIONAL ASSURANCES.—The Secretary shall submit to 
the congressional defense committees, with the certification 
required by subsection (a), assurances that— 
(1) the Carlsbad Field Office of the Department of Energy 
has certified that— 
(A) the contents of each shipment of waste that arrived 
at WIPP during 12-month period preceding the date of 
the certification met the criteria for accepting waste at 
WIPP; and 
(B) the Office will ensure that the waste destined for 
WIPP during the 12-month period following the date of 
the certification is packaged according to the criteria for 
accepting waste at WIPP; 
(2) the Assistant Secretary of Energy for Environmental 
Management has reviewed and accepted the certification of 
the Carlsbad Field Office under paragraph (1); and 
(3) the Administrator for Nuclear Security has ensured 
that waste destined for WIPP that was packaged at facilities 
of the National Nuclear Security Administration during the 
12-month period preceding the date of the certification, and 
waste planned to be packaged at such facilities during the 
12-month period following the date of the certification, and 
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PUBLIC LAW 114–328—DEC. 23, 2016 
for which the Administration is responsible, meets the criteria 
for accepting waste at WIPP. 
SEC. 3116. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 
(a) CONSTRUCTION AND PROJECT SUPPORT ACTIVITIES AT MOX 
FACILITY.— 
(1) IN GENERAL.—Using funds described in paragraph (2), 
the Secretary of Energy shall carry out construction and project 
support activities relating to the MOX facility. 
(2) FUNDS DESCRIBED.—The funds described in this para-
graph are the following: 
(A) Funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for the 
National Nuclear Security Administration for the MOX 
facility for construction and project support activities. 
(B) Funds authorized to be appropriated for a fiscal 
year prior to fiscal year 2017 for the National Nuclear 
Security Administration for the MOX facility for construc-
tion and project support activities that are unobligated 
as of the date of the enactment of this Act. 
(b) ASSESSMENT OF THE MOX FACILITY CONTRACT BY OWNER’S 
AGENT.— 
(1) ARRANGEMENT WITH OWNER’S AGENT.—Not later than 
30 days after the date of the enactment of this Act, the Sec-
retary of Energy shall enter into an arrangement pursuant 
to sections 1535 and 1536 of title 31, United States Code, 
with the Chief of Engineers to act as an owner’s agent with 
respect to preparing the report required by paragraph (2). 
(2) REPORT OF OWNER’S AGENT.— 
(A) IN GENERAL.—The Chief of Engineers shall prepare 
a report on the contract for the construction, management 
and operations of the MOX facility, as in effect on the 
date of the enactment of this Act, that includes the fol-
lowing: 
(i) An assessment of the contractual, technical, 
and managerial risks for the Department of Energy 
and the contractor. 
(ii) An assessment of what elements of the contract 
can be changed to— 
(I) a fixed price provision; 
(II) a fixed price incentive fee provision; or 
(III) another contractual mechanism designed 
to minimize risk to the Department of Energy 
while reducing cost. 
(iii) An assessment of the options under clause 
(ii), including milestones, cost, schedules, and any dam-
age fees for those options. 
(iv) Recommendations on changes to the contract, 
based on the assessments described in clauses (i), (ii), 
and (iii), to reduce risk and cost to the Department 
of Energy while preserving a fair and reasonable con-
tract. 
(v) For each element of the contract that the Chief 
of Engineers does not recommend be changed pursuant 
to clause (iv), an assessment of the risks and costs 
associated with that element and a description of why 
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130 STAT. 2761 
PUBLIC LAW 114–328—DEC. 23, 2016 
that element is not appropriate for the provision types 
described in clause (ii). 
(B) CONSULTATIONS.—In preparing the report required 
by subparagraph (A), the Chief of Engineers shall consult 
with the Secretary, the contractor referred to in subpara-
graph (A)(i), and other knowledgeable parties, as the Chief 
of Engineers considers appropriate. 
(C) SUBMISSION TO SECRETARY.—Not later than 30 days 
after entering into the arrangement under paragraph (1), 
the Chief of Engineers shall submit to the Secretary the 
report required by subparagraph (A). 
(3) SUBMISSIONS BY DEPARTMENT OF ENERGY.—Not later 
than 60 days after receiving the report required by paragraph 
(2), the Secretary shall transmit to the congressional defense 
committees and the Comptroller General of the United States— 
(A) the report; 
(B) any comments of the Secretary with respect to 
the report; 
(C) a determination of whether the contractor referred 
to in paragraph (2)(A)(i) will or will not agree to the revi-
sions to the contract recommended by the Chief of Engi-
neers and offered by the Secretary to the contractor; 
(D) if the contractor will not agree to such revisions, 
a description of the reasons given for not agreeing to such 
revisions; and 
(E) any other materials relating to the potential modi-
fication of the contract that the Secretary considers appro-
priate. 
(4) BRIEFING BY GOVERNMENT ACCOUNTABILITY OFFICE.— 
Not later than 30 days after receiving the report and other 
matters under paragraph (3), the Comptroller General of the 
United States shall brief the congressional defense committees 
on the actions taken by the Secretary under this subsection, 
to be followed by a written report not later than 120 days 
after the briefing is provided to Congress. 
(c) DEFINITIONS.—In this section: 
(1) MOX FACILITY.—The term ‘‘MOX facility’’ means the 
mixed-oxide fuel fabrication facility at the Savannah River 
Site, Aiken, South Carolina. 
(2) PROJECT SUPPORT ACTIVITIES.—The term ‘‘project sup-
port activities’’ means activities that support the design, long- 
lead equipment procurement, and site preparation of the MOX 
facility. 
SEC. 3117. DESIGN BASIS THREAT. 
(a) UPDATE TO ORDER.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Energy shall update 
Department of Energy Order 470.3B relating to the design basis 
threat for protecting nuclear weapons, special nuclear material, 
and other critical assets in the custody of the Department of Energy. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the intelligence community (as defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 3003(4))) should 
promulgate regular, biannual updates to the Nuclear Security 
Threat Capabilities Assessment to better inform nuclear secu-
rity postures within the Department of Defense and the Depart-
ment of Energy; 
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130 STAT. 2762 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) the Department of Defense and the Department of 
Energy should closely, and in real-time, track and assess 
national, regional, and local threats to the defense nuclear 
facilities of the respective Departments; and 
(3) the Department of Defense and the Department of 
Energy should regularly review assessments and other input 
provided by activities described in paragraphs (1) and (2) and 
adjust security postures accordingly. 
SEC. 3118. INDUSTRY BEST PRACTICES IN OPERATIONS AT NATIONAL 
NUCLEAR SECURITY ADMINISTRATION FACILITIES AND 
SITES. 
(a) COMMITTEE ON INDUSTRY BEST PRACTICES IN OPERATIONS.— 
The Administrator for Nuclear Security shall establish within the 
National Nuclear Security Administration a committee (in this sec-
tion referred to as the ‘‘committee’’) to identify and oversee the 
implementation of best practices of industry in the operations of 
the facilities and sites of the Administration for the purposes of— 
(1) improving mission performance and effectiveness; 
(2) lowering costs and administrative burdens; and 
(3) also both— 
(A) maintaining or reducing risks; and 
(B) preserving and protecting health, safety, and secu-
rity. 
(b) MEMBERSHIP.—The committee shall be composed of per-
sonnel of the Administration assigned by the Administrator to 
the committee as follows: 
(1) The Principal Deputy Administrator for Nuclear Secu-
rity, who shall serve as chair of the committee. 
(2) Government personnel representing the headquarters 
of the Administration. 
(3) Government personnel representing offices of facilities 
and sites of the Administration. 
(4) Contractor personnel representing the national security 
laboratories and the nuclear weapons production facilities (as 
those terms are defined in section 4002 of the Atomic Energy 
Defense Act (50 U.S.C. 2501)). 
(5) Such other personnel as the Administrator considers 
appropriate. 
(c) DUTIES.—The duties of the committee shall include the 
following: 
(1) To identify and oversee the implementation of best 
practices of industry in the operations of the facilities and 
sites of the Administration for the purposes described in sub-
section (a). 
(2) To conduct surveys of the facilities and sites of the 
Administration in order to assess the adoption, implementation, 
and use by such facilities and sites of best practices of industry 
described in subsection (a). 
(3) To carry out such other activities consistent with the 
duties of the committee under this subsection as the Adminis-
trator may specify for purposes of this section. 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 60 days after the date 
on which the budget of the President for a fiscal year after 
fiscal year 2017 is submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, the Administrator shall 
50 USC 2512 
note. 
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130 STAT. 2763 
PUBLIC LAW 114–328—DEC. 23, 2016 
submit to the appropriate congressional committees a report 
on the activities of the committee under this section during 
the preceding calendar year. 
(2) ELEMENTS.—Each report under this subsection shall 
include, for the calendar year covered by such report, the fol-
lowing: 
(A) A description of the activities of the committee. 
(B) The results of the surveys undertaken pursuant 
to subsection (c)(2). 
(C) As a result of the surveys, recommendations for 
modifications to the scope or applicability of regulations 
and orders of the Department of Energy to particular facili-
ties and sites of the Administration in order to implement 
best practices of industry in the operation of such facilities 
and sites, including— 
(i) a list of the facilities and sites at which such 
regulations and orders could be so modified; and 
(ii) for each such facility and site, the manner 
in which the scope or applicability of such regulations 
and orders could be so modified. 
(D) An assessment of the progress of the Administra-
tion in implementing best practices of industry in the oper-
ations of the facilities and sites of the Administration. 
(E) An estimate of the costs to be saved as a result 
of the best practices of industry implemented by the 
Administration at the facilities and sites of the Administra-
tion, set forth by fiscal year. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; and 
(B) the Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce 
of the House of Representatives. 
(e) TERMINATION.—The committee shall terminate after the 
submittal under subsection (d) of the report required by that sub-
section that covers 2021. 
SEC. 3119. PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD 
COSTS OF AMOUNTS SPECIFIED FOR LABORATORY- 
DIRECTED RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary of Energy shall establish a 
pilot program under which each national security laboratory (as 
defined in section 4002 of the Atomic Energy Defense Act (50 
U.S.C. 2501)) is prohibited from using funds described in subsection 
(b) to cover the costs of general and administrative overhead for 
the laboratory. 
(b) FUNDS DESCRIBED.—The funds described in this subsection 
are funds made available for a national security laboratory under 
section 4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) 
for laboratory-directed research and development. 
(c) DURATION.—The pilot program required by subsection (a) 
shall— 
(1) take effect on the first day of the first fiscal year 
beginning after the date of the enactment of this Act; and 
(2) terminate on the date that is three years after the 
day described in paragraph (1). 
50 USC 2791 
note. 
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130 STAT. 2764 
PUBLIC LAW 114–328—DEC. 23, 2016 
(d) REPORT REQUIRED.—Before the termination under sub-
section (c)(2) of the pilot program required by subsection (a), the 
Administrator for Nuclear Security shall submit to the congressional 
defense committees a report that assesses the costs, benefits, risks, 
and other effects of the pilot program. 
SEC. 3120. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL 
NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URA-
NIUM. 
(a) PROHIBITION.—Except as provided in subsection (b), none 
of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 for the Department of Energy 
may be obligated or expended to plan or carry out research and 
development of an advanced naval nuclear fuel system based on 
low-enriched uranium. 
(b) EXCEPTION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
defense nuclear nonproliferation, as specified in the funding table 
in division D, not more than $5,000,000 shall be made available 
to the Deputy Administrator for Naval Reactors of the National 
Nuclear Security Administration for initial planning and early 
research and development of an advanced naval nuclear fuel system 
based on low-enriched uranium. 
(c) BUDGET MATTERS.—Section 3118 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1196) is amended— 
(1) in subsection (c), by striking paragraph (2) and inserting 
the following new paragraph: 
‘‘(2) BUDGET REQUESTS.—If the Secretaries determine under 
paragraph (1) that research and development of an advanced 
naval nuclear fuel system based on low-enriched uranium 
should continue, the Secretaries shall ensure that each budget 
of the President submitted to Congress under section 1105(a) 
of title 31, United States Code, for fiscal year 2018 and each 
fiscal year thereafter in which such research and development 
is carried out includes in the budget line item for the ‘Defense 
Nuclear Nonproliferation’ account amounts necessary to carry 
out the conceptual plan under subsection (b).’’; and 
(2) in subsection (d), by striking ‘‘for material management 
and minimization’’. 
SEC. 3121. INCREASE IN CERTAIN LIMITATIONS APPLICABLE TO FUNDS 
FOR CONCEPTUAL AND CONSTRUCTION DESIGN OF THE 
DEPARTMENT OF ENERGY. 
(a) REQUESTS
FOR CONCEPTUAL DESIGN FUNDS.—Subsection 
(a)(2) of section 4706 of the Atomic Energy Defense Act (50 U.S.C. 
2746) 
is 
amended 
by 
striking 
‘‘$3,000,000’’ 
and 
inserting 
‘‘$5,000,000’’. 
(b) CONSTRUCTION DESIGN.—Subsection (b) of such section is 
amended by striking ‘‘$1,000,000’’ each place it appears and 
inserting ‘‘$2,000,000’’. 
SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS 
IN RUSSIAN FEDERATION. 
(a) PROHIBITION.— 
(1) IN GENERAL.—None of the funds described in paragraph 
(2) may be obligated or expended to enter into a contract 
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130 STAT. 2765 
PUBLIC LAW 114–328—DEC. 23, 2016 
with, or otherwise provide assistance to, the Russian Federa-
tion. 
(2) FUNDS DESCRIBED.—The funds described in this para-
graph are the following: 
(A) Funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for atomic 
energy defense activities. 
(B) Funds authorized to be appropriated or otherwise 
made available for a fiscal year prior to fiscal year 2017 
for atomic energy defense activities that are unobligated 
or unexpended as of the date of the enactment of this 
Act. 
(b) WAIVER.—The Secretary of Energy, without delegation, may 
waive the prohibition in subsection (a)(1) only if— 
(1) the Secretary determines, in writing, that a nuclear- 
related threat arising in the Russian Federation must be 
addressed urgently and it is necessary to waive the prohibition 
to address that threat; 
(2) the Secretary of State and the Secretary of Defense 
concur in the determination under paragraph (1); 
(3) the Secretary of Energy submits to the appropriate 
congressional committees a report containing— 
(A) a notification that the waiver is in the national 
security interest of the United States; 
(B) justification for the waiver, including the deter-
mination under paragraph (1); and 
(C) a description of the activities to be carried out 
pursuant to the waiver, including the expected cost and 
timeframe for such activities; and 
(4) a period of 15 days elapses following the date on which 
the Secretary submits the report under paragraph (3). 
(c) EXCEPTION.—The prohibition under subsection (a)(1) and 
the requirements under subsection (b) to waive that prohibition 
shall not apply to an amount, not to exceed $3,000,000, that the 
Secretary may make available for the Department of Energy Rus-
sian Health Studies Program. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL 
SALARIES AND EXPENSES. 
(a) IN GENERAL.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
the National Nuclear Security Administration for defense-related 
Federal salaries and expenses, not more than 90 percent may 
be obligated or expended until the date on which the Secretary 
of Energy submits to the congressional defense committees and 
the congressional intelligence committees the following: 
(1) The updated plan on the designing and building of 
prototypes of nuclear weapons that is required— 
(A) by paragraph (2) of section 4509(a) of the Atomic 
Energy Defense Act (50 U.S.C. 2660(a)), to be developed 
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130 STAT. 2766 
PUBLIC LAW 114–328—DEC. 23, 2016 
by not later than the date on which the budget of the 
President for fiscal year 2018 is submitted to Congress; 
and 
(B) by paragraph (3)(B) of such section, to be submitted 
to the congressional defense committees and the congres-
sional intelligence committees. 
(2) A description of the determination of the Secretary 
under paragraph (4)(B) of such section with respect to the 
manner in which the designing and building of prototypes 
of nuclear weapons is carried out under such updated plan. 
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 
this section, the term ‘‘congressional intelligence committees’’ means 
the Select Committee on Intelligence of the Senate and the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives. 
SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE 
ENVIRONMENTAL CLEANUP PROGRAM DIRECTION. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2017 for defense environ-
mental cleanup for program direction, not more than 90 percent 
may be obligated or expended until the date on which the Secretary 
of Energy submits to Congress the future-years defense environ-
mental cleanup plan required to be submitted during 2017 under 
section 4402A of the Atomic Energy Defense Act (50 U.S.C. 2582a). 
SEC. 3125. LIMITATION ON AVAILABILITY OF FUNDS FOR ACCELERA-
TION OF NUCLEAR WEAPONS DISMANTLEMENT. 
(a) LIMITATION ON MAXIMUM AMOUNT FOR DISMANTLEMENT.— 
Of the funds authorized to be appropriated by this Act or otherwise 
made available for any of fiscal years 2017 through 2021 for the 
National 
Nuclear 
Security 
Administration, 
not 
more 
than 
$56,000,000 may be obligated or expended in each such fiscal year 
to carry out the nuclear weapons dismantlement and disposition 
activities of the Administration. 
(b) LIMITATION ON ACCELERATION OF DISMANTLEMENT ACTIVI-
TIES.—Except as provided by subsection (c), none of the funds 
authorized to be appropriated by this Act or otherwise made avail-
able for any of fiscal years 2017 through 2021 for the National 
Nuclear Security Administration may be obligated or expended 
to accelerate the nuclear weapons dismantlement activities of the 
United States to a rate that exceeds the rate described in the 
Stockpile Stewardship and Management Plan schedule. 
(c) EXCEPTION.—The limitation in subsection (b) shall not apply 
to the following: 
(1) The dismantlement of a nuclear weapon not covered 
by the Stockpile Stewardship and Management Plan schedule 
if the Administrator for Nuclear Security certifies, in writing, 
to the congressional defense committees that— 
(A) the components of the nuclear weapon are directly 
required for the purposes of a current life extension pro-
gram; or 
(B) such dismantlement is necessary to conduct mainte-
nance or surveillance of the nuclear weapons stockpile or 
to ensure the safety or reliability of the nuclear weapons 
stockpile. 
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130 STAT. 2767 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) The dismantlement of a nuclear weapon if the President 
certifies, in writing, to the congressional defense committees 
that— 
(A) such dismantlement is being carried out pursuant 
to a nuclear arms reduction treaty or similar international 
agreement that requires such dismantlement; and 
(B) such treaty or similar international agreement— 
(i) has entered into force after the date of the 
enactment of this Act; and 
(ii) was approved— 
(I) with the advice and consent of the Senate 
pursuant to clause 2 of section 2 of Article II 
of the Constitution of the United States after the 
date of the enactment of this Act; or 
(II) by an Act of Congress, as described in 
section 303(b) of the Arms Control and Disar-
mament Act (22 U.S.C. 2573(b)). 
(d) STOCKPILE STEWARDSHIP AND MANAGEMENT PLAN SCHEDULE 
DEFINED.—In this section, the term ‘‘Stockpile Stewardship and 
Management Plan schedule’’ means the schedule described in table 
2–7 of the annex of the report titled ‘‘Fiscal Year 2016 Stockpile 
Stewardship and Management Plan’’ submitted in March 2015 by 
the Administrator for Nuclear Security to the congressional defense 
committees under section 4203(b)(2) of the Atomic Energy Defense 
Act (50 U.S.C. 2523(b)(2)). 
Subtitle C—Plans and Reports 
SEC. 3131. INDEPENDENT ASSESSMENT OF TECHNOLOGY DEVELOP-
MENT UNDER DEFENSE ENVIRONMENTAL CLEANUP PRO-
GRAM. 
(a) ASSESSMENT.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Energy shall seek 
to enter into an agreement with the National Academy of Sciences 
to conduct an independent assessment of the technology develop-
ment efforts of the defense environmental cleanup program of the 
Department of Energy. 
(b) ELEMENTS.—The assessment under subsection (a) shall 
include the following: 
(1) A review of the technology development efforts of the 
defense environmental cleanup program of the Department of 
Energy, including an assessment of the process by which the 
Secretary identifies and chooses technologies to pursue under 
the program. 
(2) A comprehensive review and assessment of technologies 
or alternative approaches to defense environmental cleanup 
efforts that could— 
(A) reduce the long-term costs of such efforts; 
(B) accelerate schedules for carrying out such efforts; 
(C) mitigate uncertainties, vulnerabilities, or risks 
relating to such efforts; or 
(D) otherwise significantly improve the defense 
environmental cleanup program. 
(c) SUBMISSION.—Not later than the date that is 18 months 
after the date of the enactment of this Act, the National Academy 
of Sciences shall submit to the congressional defense committees 
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130 STAT. 2768 
PUBLIC LAW 114–328—DEC. 23, 2016 
and the Secretary a report on the assessment under subsection 
(a). 
SEC. 3132. UPDATED PLAN FOR VERIFICATION AND MONITORING OF 
PROLIFERATION OF NUCLEAR WEAPONS AND FISSILE 
MATERIAL. 
(a) UPDATED PLAN.— 
(1) TRANSMISSION.—Not later than 90 days after the date 
of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a comprehensive 
and detailed update to the plan developed under section 3133(a) 
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 
113–291; 128 Stat. 3896) with respect to verification and moni-
toring relating to the potential proliferation of nuclear weapons, 
components of such weapons, and fissile material. 
(2) FORM.—The updated plan under paragraph (1) shall 
be transmitted in unclassified form, but may include a classified 
annex. 
(b) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2017 for 
the Department of Defense for supporting the Executive Office 
of the President, $10,000,000 may not be obligated or expended 
until the date on which the President transmits to the appropriate 
congressional committees the updated plan under subsection (a)(1). 
(c) BRIEFING.—Not later than 30 days after the date of the 
enactment of this Act, the President shall provide to the Committees 
on Armed Services of the Senate and House of Representatives 
(and any other appropriate congressional committee upon request) 
an interim briefing on the updated plan under subsection (a)(1). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives. 
(3) The Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Rep-
resentatives. 
(4) The Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives. 
(5) The Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy and Com-
merce of the House of Representatives. 
SEC. 3133. REPORT ON THE USE OF HIGHLY-ENRICHED URANIUM FOR 
NAVAL REACTORS. 
(a) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
consultation with the Secretary of Defense, the Secretary of Energy, 
and the Secretary of State, shall, in accordance with the protection 
of sources and methods, submit to the appropriate congressional 
committees a report that includes the following: 
(1) An assessment on the current and anticipated intentions 
of countries producing or using highly-enriched uranium in 
naval reactors or considering the development of naval reactors. 
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130 STAT. 2769 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) An evaluation of the security measures each country 
producing or using highly-enriched uranium in naval reactors 
has in place. 
(3) An evaluation of the potential effects on nuclear non-
proliferation efforts and the naval reactor programs and related 
actions of other countries if the United States pursued the 
development of an advanced low-enriched uranium fuel for 
certain United States naval reactors as described in the report 
of the Director of Naval Reactors to Congress, dated July 2016 
and entitled ‘‘Conceptual Research and Development Plan for 
Low-Enriched Uranium Naval Fuel’’. 
(4) Such other information or updates as the Director of 
National Intelligence, the Secretary of Defense, the Secretary 
of Energy, and the Secretary of State consider appropriate. 
(b) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; 
(2) the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives; and 
(3) the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Representa-
tives. 
SEC. 3134. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREAT-
MENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR 
RESERVATION. 
(a) IN GENERAL.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Energy shall enter 
into an arrangement with a federally funded research and develop-
ment center to conduct an analysis of approaches for treating the 
portion of low-activity waste at the Hanford Nuclear Reservation, 
Richland, Washington, that, as of such date of enactment, is 
intended for supplemental treatment. 
(b) ELEMENTS.—The analysis required by subsection (a) shall 
include the following: 
(1) An analysis of, at a minimum, the following approaches 
for treating the low-activity waste described in subsection (a): 
(A) Further processing of the low-activity waste to 
remove long-lived radioactive constituents, particularly 
technetium-99 and iodine-129, for immobilization with 
high-level waste. 
(B) Vitrification, grouting, and steam reforming, and 
other alternative approaches identified by the Department 
of Energy for immobilizing the low-activity waste. 
(2) An analysis of the following: 
(A) The risks of the approaches described in paragraph 
(1) relating to treatment and final disposition. 
(B) The benefits and costs of such approaches. 
(C) 
Anticipated 
schedules 
for 
such 
approaches, 
including the time needed to complete necessary construc-
tion and to begin treatment operations. 
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130 STAT. 2770 
PUBLIC LAW 114–328—DEC. 23, 2016 
(D) The compliance of such approaches with applicable 
technical standards associated with and contained in regu-
lations prescribed pursuant to the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.) (commonly referred to as the 
‘‘Resource Conservation and Recovery Act of 1976’’), the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) (commonly referred to as the ‘‘Clean Water Act’’), 
and the Clean Air Act (42 U.S.C. 7401 et seq.). 
(E) Any obstacles that would inhibit the ability of 
the Department of Energy to pursue such approaches. 
(c) REVIEW OF ANALYSIS.— 
(1) IN
GENERAL.—Concurrent with entering into an 
arrangement with a federally funded research and development 
center under subsection (a), the Secretary shall enter into an 
arrangement with the National Academies of Sciences, 
Engineering, and Medicine to conduct a review of the analysis 
conducted by the federally funded research and development 
center. 
(2) METHOD OF REVIEW.—The review required by paragraph 
(1) shall be conducted concurrent with the analysis required 
by subsection (a), and in a manner that is parallel to that 
analysis, so that the results of the review may be used to 
improve the quality of the analysis. 
(3) PUBLIC
REVIEW.—In conducting the review required 
paragraph (1), the National Academies of Sciences, Engineering, 
and Medicine shall provide an opportunity for public comment, 
with sufficient notice, to inform and improve the quality of 
the review. 
(d) CONSULTATION WITH STATE.—Prior to the submission in 
accordance with subsection (e)(2) of the analysis required by sub-
section (a) and the review of the analysis required by subsection 
(c), the federally funded research and development center and the 
National Academies of Sciences, Engineering, and Medicine shall 
provide to the State of Washington— 
(1) the analysis and review in draft form; and 
(2) an opportunity to comment on the analysis and review 
for a period of not less than 60 days. 
(e) SUBMISSION TO CONGRESS.— 
(1) BRIEFINGS ON PROGRESS.—Not later than 180 days after 
the date of the enactment of this Act, and every 180 days 
thereafter until the materials described in paragraph (2) are 
submitted in accordance with that paragraph, the Secretary 
shall provide to the congressional defense committees a briefing 
on the progress being made on the analysis required by sub-
section (a) and the review of the analysis required by subsection 
(c). 
(2) COMPLETED ANALYSIS AND REVIEW.—Not later than two 
years after the date of the enactment of this Act, the Secretary 
shall submit to the congressional defense committees the anal-
ysis required by subsection (a), the review of the analysis 
required by subsection (c), any comments of the State of Wash-
ington under subsection (d)(2), and any comments of the Sec-
retary on the analysis or the review of the analysis. 
(f) LIMITATIONS.— 
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130 STAT. 2771 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) SECRETARY OF ENERGY.—This section does not conflict 
with or impair the obligation of the Secretary to comply with 
any requirement of— 
(A) the amended consent decree in Washington v. 
Moniz, No. 2:08-CV-5085-RMP (E.D. Wash.); or 
(B) the Hanford Federal Facility Agreement and Con-
sent Order. 
(2) STATE OF WASHINGTON.—This section does not conflict 
with or impair the regulatory authority of the State of Wash-
ington under the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.) (commonly referred to as the ‘‘Resource Conservation 
and Recovery Act of 1976’’) and any corresponding State law. 
SEC. 3135. CLARIFICATION OF ANNUAL REPORT AND CERTIFICATION 
ON STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE 
FACILITIES. 
Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50 
U.S.C. 2657(b)(1)(B)) is amended to read as follows: 
‘‘(B) written certification that such facilities are secure 
and that the security measures at such facilities meet the 
security standards and requirements of the Department of 
Energy.’’. 
SEC. 
3136. 
REPORT 
ON 
SERVICE 
SUPPORT 
CONTRACTS 
AND 
AUTHORITY 
FOR 
APPOINTMENT 
OF 
CERTAIN 
PER-
SONNEL. 
(a) ANNUAL REPORT ON SERVICE SUPPORT CONTRACTS.—Section 
3241A(f) of the National Nuclear Security Administration Act (50 
U.S.C. 2441a(f)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) With respect to each contract identified under para-
graph (2)— 
‘‘(A) the cost of the contract; and 
‘‘(B) identification of the program or program direction 
accounts that support the contract.’’. 
(b) EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
PERSONNEL.—Section 4601(c)(1) of the Atomic Energy Defense Act 
(50 U.S.C. 2701(c)(1)) is amended by striking ‘‘2016’’ and inserting 
‘‘2020’’. 
SEC. 3137. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS. 
(a) REPORTS
ON PLAN
TO PROTECT AGAINST INADVERTENT 
RELEASE OF RESTRICTED DATA AND FORMERLY RESTRICTED DATA.— 
Section 4522 of the Atomic Energy Defense Act (50 U.S.C. 2672) 
is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
(b) GAO REPORT
ON PROGRAM
ON SCIENTIFIC ENGAGEMENT 
FOR NONPROLIFERATION.—Section 3122 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112–239; 50 
U.S.C. 2571 note) is amended— 
(1) in subsection (b)(1), by striking ‘‘, and to the Comptroller 
General of the United States,’’; 
(2) by striking subsection (e); and 
(3) by redesignating subsections (f) and (g) as subsections 
(e) and (f), respectively. 
(c) GAO STUDY
ON ADEQUACY
OF BUDGET REQUESTS WITH 
RESPECT
TO MODERNIZATION
AND REFURBISHMENT
OF NUCLEAR 
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130 STAT. 2772 
PUBLIC LAW 114–328—DEC. 23, 2016 
WEAPONS STOCKPILE.—Section 3255 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2455) is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) TEMPORARY SUSPENSION.—The requirements of subsection 
(a) shall not apply with respect to the nuclear security budget 
materials submitted for fiscal year 2018 or 2019.’’. 
(d) STRATEGY ON RISKS TO NONPROLIFERATION CAUSED BY ADDI-
TIVE MANUFACTURING.—Section 3139(b) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1215; 50 U.S.C. 2367 note) is amended to read as follows: 
‘‘(b) BRIEFINGS.— 
‘‘(1) IN
GENERAL.—Not later than March 31, 2016, and 
annually thereafter through 2019, the President shall provide 
to the appropriate congressional committees a briefing on the 
strategy developed under subsection (a). 
‘‘(2) INTERIM
BRIEFINGS.—In addition to the briefings 
required by paragraph (1), the President shall provide to the 
appropriate congressional committees a notification or briefing 
if there is a development in additive manufacture technology, 
or increased use of additive manufacture technology, that could 
pose an increased risk to the United States from nuclear pro-
liferation.’’. 
SEC. 3138. REPORT ON UNITED STATES NUCLEAR DETERRENCE. 
(a) IN GENERAL.—Not later than 15 days after the date of 
the enactment of this Act, the Secretary of Energy shall, consistent 
with the protection of sources and methods, submit to the appro-
priate congressional committees the full, unredacted report, and 
any related materials, titled ‘‘U.S. Nuclear Deterrence in the 
Coming Decades’’, dated August 15, 2014. 
(b) COVER LETTER.—The Secretary may submit to the appro-
priate congressional committees, with the report submitted under 
subsection (a), a cover letter containing any views or perspectives 
of the Secretary on the report or related matters. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2017, 
$31,000,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
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130 STAT. 2773 
PUBLIC LAW 114–328—DEC. 23, 2016 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $14,950,000 for fiscal year 2017 for 
the purpose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
TITLE XXXV—MARITIME MATTERS 
Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters 
Sec. 3501. Authorization of the Maritime Administration. 
Sec. 3502. Authority to extend certain age restrictions relating to vessels in the 
Maritime Security Fleet. 
Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts. 
Sec. 3504. Status of National Defense Reserve Fleet vessels. 
Sec. 3505. NDRF national security multi-mission vessel. 
Sec. 3506. Superintendent of United States Merchant Marine Academy. 
Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds. 
Sec. 3508. Floating dry docks. 
Sec. 3509. Transportation worker identification credentials for individuals under-
going separation, discharge, or release from the Armed Forces. 
Sec. 3510. Actions to address sexual harassment and sexual assault at the United 
States Merchant Marine Academy. 
Sec. 3511. Sexual assault response coordinators and sexual assault victim advo-
cates. 
Sec. 3512. Report from the Department of Transportation Inspector General. 
Sec. 3513. Sexual assault prevention and response working group. 
Sec. 3514. Sea Year compliance. 
Sec. 3515. State maritime academy physical standards and reporting. 
Sec. 3516. Appointments. 
Sec. 3517. Maritime workforce working group. 
Sec. 3518. Maritime extreme weather task force. 
Sec. 3519. Workforce plans and onboarding policies. 
Sec. 3520. Drug and alcohol policy. 
Sec. 3521. Vessel transfers. 
Sec. 3522. Clarifying amendment; continuation boards. 
Sec. 3523. Polar icebreaker recapitalization plan. 
Sec. 3524. GAO report on icebreaking capability in United States. 
Subtitle B—Pribilof Islands Transition Completion 
Sec. 3531. Short title. 
Sec. 3532. Conveyance of property. 
Sec. 3533. Transfer, use, and disposal of tract 43. 
Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic 
and Atmospheric Administration 
Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmos-
pheric Administration. 
Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric 
Administration. 
Sec. 3543. Rights of the victim of a sexual assault. 
Sec. 3544. Change of station. 
Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic 
and Atmospheric Administration under contract. 
Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmos-
pheric Administration. 
Sec. 3547. Sexual assault defined. 
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130 STAT. 2774 
PUBLIC LAW 114–328—DEC. 23, 2016 
Subtitle A—Maritime Administration, 
Coast Guard, and Shipping Matters 
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. 
There are authorized to be appropriated to the Department 
of Transportation for fiscal year 2017, to be available without fiscal 
year limitation if so provided in appropriations Acts, for programs 
associated with maintaining the United States merchant marine, 
the following amounts: 
(1) For expenses necessary for operations of the United 
States Merchant Marine Academy, $99,902,000, of which— 
(A) $74,851,000 shall be for Academy operations; and 
(B) $25,051,000 shall remain available until expended 
for capital asset management at the Academy. 
(2) For expenses necessary to support the State maritime 
academies, $29,550,000, of which— 
(A) $2,400,000 shall remain available until September 
30, 2018, for the Student Incentive Program; 
(B) $3,000,000 shall remain available until expended 
for direct payments to such academies; 
(C) $22,000,000 shall remain available until expended 
for maintenance and repair of State maritime academy 
training vessels; 
(D) $1,800,000 shall remain available until expended 
for training ship fuel assistance; and 
(E) $350,000 shall remain available until expended 
for expenses to improve the monitoring of the service obliga-
tions of graduates. 
(3) For expenses necessary to support the National Security 
Multi-Mission Vessel Program, $36,000,000, which shall remain 
available until expended. 
(4) For expenses necessary to support Maritime Adminis-
tration operations and programs, $58,694,000. 
(5) For expenses necessary to dispose of vessels in the 
National Defense Reserve Fleet, $20,000,000, which shall 
remain available until expended. 
(6) For expenses necessary to maintain and preserve a 
United States flag merchant marine to serve the national secu-
rity needs of the United States under chapter 531 of title 
46, United States Code, $299,997,000. 
(7) For expenses necessary to provide assistance for small 
shipyards and maritime communities under section 54101 of 
title 46, United States Code, $30,000,000, of which— 
(A) $5,000,000 shall remain available until expended 
for training grants; and 
(B) $25,000,000 shall remain available until expended 
for capital and related improvements. 
(8) For administrative expenses associated with the pro-
gram authorized by chapter 537 of title 46, United States 
Code, $3,000,000, which shall remain available until expended. 
SEC. 3502. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS 
RELATING TO VESSELS IN THE MARITIME SECURITY 
FLEET. 
(a) AUTHORITY.— 
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130 STAT. 2775 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Section 53102 of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘(g) AUTHORITY
TO
EXTEND
MAXIMUM
SERVICE
AGE
FOR 
VESSEL.—The Secretary of Defense, in conjunction with the Sec-
retary of Transportation, may, for a particular participating fleet 
vessel, treat the ages specified in section 53101(5)(A)(ii) and section 
53106(c)(3) as increased by up to 5 years if the Secretaries jointly 
determine that it is in the national interest to do so.’’. 
(2) CONFORMING AMENDMENT.—The heading of subsection 
(f) of such section is amended to read as follows: ‘‘AUTHORITY 
TO WAIVE AGE RESTRICTION FOR ELIGIBILITY OF A VESSEL TO 
BE INCLUDED IN FLEET.—’’. 
(b) 
REPEAL
OF
REDUNDANT
AGE
LIMITATION.—Section 
53106(c)(3) of such title is amended— 
(1) in subparagraph (A), by striking ‘‘or (C);’’ and inserting 
‘‘; or’’; 
(2) in subparagraph (B), by striking ‘‘; or’’ and inserting 
a period; and 
(3) by striking subparagraph (C). 
SEC. 3503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD 
AUTHORIZATION ACTS. 
(a) SHORT TITLE CORRECTION.—The Coast Guard Authorization 
Act of 2015 (Public Law 114–120) is amended by striking ‘‘Coast 
Guard Authorization Act of 2015’’ each place it appears (including 
in quoted material) and inserting ‘‘Coast Guard Authorization Act 
of 2016’’. 
(b) TITLE 46, UNITED STATES CODE.— 
(1) EXAM REVIEW.—Section 7510(c) of title 46, United States 
Code, is amended— 
(A) in paragraph (1)(D), by striking ‘‘engine’’ and 
inserting ‘‘engineer’’; and 
(B) in paragraph (9), by inserting a period after ‘‘App’’. 
(2) VESSEL CERTIFICATION.—Section 4503(f)(2) of title 46, 
United States Code, is amended by striking ‘‘, that’’ and 
inserting ‘‘, then’’. 
(c) PROVISIONS RELATING TO THE PRIBILOF ISLANDS.—Section 
521 of the Coast Guard Authorization Act of 2016 (Public Law 
114–120), as amended by subsection (a), is amended by striking 
‘‘2015’’ and inserting ‘‘2016’’. 
(d) TITLE 14, UNITED STATES CODE.— 
(1) REDISTRIBUTION
OF
AUTHORIZATIONS
OF
APPROPRIA-
TIONS.—Section 2702 of title 14, United States Code, is 
amended— 
(A) in paragraph (1)(B), by striking ‘‘$6,981,036,000’’ 
and inserting ‘‘$6,986,815,000’’; and 
(B) in paragraph (3)(B), by striking ‘‘$140,016,000’’ and 
inserting ‘‘$134,237,000’’. 
(2) CLERICAL AMENDMENT.—The analysis at the beginning 
of part III of title 14, United States Code, is amended by 
striking the period at the end of the item relating to chapter 
29. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as if included in the enactment of Public Law 
114–120. 
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130 STAT. 2776 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 3504. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS. 
Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 
4405) is amended— 
(1) in subsection (a), by adding at the end the following: 
‘‘Vessels in the National Defense Reserve Fleet, including ves-
sels loaned to State maritime academies, shall be considered 
public vessels of the United States.’’; and 
(2) by adding at the end the following: 
‘‘(g) VESSEL STATUS.—A vessel in the National Defense Reserve 
Fleet determined by the Maritime Administration to be of insuffi-
cient value to remain in the National Defense Reserve Fleet shall 
remain a vessel within the meaning of that term in section 3 
of title 1, United States Code, and subject to the rights and respon-
sibilities of a vessel under admiralty law at least until such time 
as the vessel is delivered to a dismantling facility or is disposed 
of otherwise from the National Defense Reserve Fleet.’’. 
SEC. 3505. NDRF NATIONAL SECURITY MULTI-MISSION VESSEL. 
(a) IN GENERAL.—The Secretary of Transportation, in consulta-
tion with the Chief of Naval Operations and the Commandant 
of the Coast Guard, shall ensure that the Maritime Administrator 
takes all necessary actions— 
(1) to complete the design of a national security multi- 
mission vessel for the National Defense Reserve Fleet to allow 
for the construction of such vessel to begin in fiscal year 2018; 
and 
(2) subject to the availability of appropriations, to have 
an entity enter into a contract for the construction of such 
vessel in accordance with this section. 
(b) USE
OF VESSEL.—A vessel constructed pursuant to this 
section shall be for use— 
(1) as a training vessel that can be provided to State 
maritime academies under section 51504(b) of title 46, United 
States Code; and 
(2) 
in 
conducting 
humanitarian 
assistance, 
disaster 
response, domestic and foreign emergency contingency oper-
ations, and other authorized uses of vessels of the National 
Defense Reserve Fleet. 
(c) CONSTRUCTION
AND DOCUMENTATION REQUIREMENTS.—A 
vessel constructed pursuant to this section shall meet the require-
ments for and be issued a certificate of documentation and a coast-
wise endorsement under chapter 121 of title 46, United States 
Code. 
(d) DESIGN STANDARDS AND CONSTRUCTION PRACTICES.—Sub-
ject to subsection (c), a vessel constructed pursuant to this section 
shall be constructed using commercial design standards and 
commercial construction practices that are consistent with the best 
interests of the Federal Government. 
(e) CONSULTATION WITH OTHER FEDERAL ENTITIES.—The Mari-
time Administrator may consult and coordinate with the Secretary 
of the Navy regarding the vessel described in subsection (a) and 
activities associated with such vessel. 
(f) CONTRACTING.—The Maritime Administrator shall provide 
for an entity other than the Maritime Administration to contract 
for the construction of the vessel described in subsection (a). 
(g) REPEAL OF PLAN APPROVAL REQUIREMENT.—Section 109(j)(3) 
of title 49, United States Code, is repealed. 
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130 STAT. 2777 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 3506. SUPERINTENDENT OF UNITED STATES MERCHANT MARINE 
ACADEMY. 
(a) IN GENERAL.—Section 51301 of title 46, United States Code, 
is amended by adding at the end the following: 
‘‘(c) SUPERINTENDENT.— 
‘‘(1) IN GENERAL.—The immediate command of the United 
States Merchant Marine Academy shall be in the Super-
intendent of the Academy, subject to the direction of the Mari-
time Administrator under the general supervision of the Sec-
retary of Transportation. 
‘‘(2) APPOINTMENT.—The Secretary of Transportation shall 
appoint as the Superintendent— 
‘‘(A) an individual who has— 
‘‘(i) attained a general or flag officer rank in the 
Navy, Army, Air Force, Marine Corps, Coast Guard, 
or National Oceanic and Atmospheric Administration; 
and 
‘‘(ii) served at sea in any rank; 
‘‘(B) an individual who has— 
‘‘(i)(I) served at sea in the Navy, Army, Air Force, 
Marine Corps, Coast Guard, or National Oceanic and 
Atmospheric Administration; or 
‘‘(II) held a valid Coast Guard merchant mariner 
credential; and 
‘‘(ii) demonstrated exemplary leadership in the 
education of individuals in the Armed Forces or United 
States merchant marine; or 
‘‘(C) if a qualified individual described in subparagraph 
(A) or (B) does not apply for the position, an individual 
who has— 
‘‘(i) attained the grade of captain or above in the 
Navy, 
Coast 
Guard, 
or 
National 
Oceanic 
and 
Atmospheric Administration or colonel or above in the 
Army, Air Force, or Marine Corps; and 
‘‘(ii) served at sea in any grade. 
‘‘(3) RULE OF CONSTRUCTION.—Notwithstanding paragraph 
(2), the Secretary of Transportation may appoint an individual 
who is the best qualified candidate, even if such individual 
does not fully meet the criteria described in paragraph (2).’’. 
(b) SAVINGS CLAUSE.—Nothing in this section may be construed 
to require any change to the current leadership of the United 
States Merchant Marine Academy. 
SEC. 3507. USE OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING 
PROCEEDS. 
(a) FUNDING ALLOCATION.—Section 308704 of title 54, United 
States Code, is amended— 
(1) in subsection (a)(1), by amending subparagraph (C) 
to read as follows: 
‘‘(C) The remainder shall be available to the Secretary 
to carry out the Program, as provided in subsection (b).’’; 
and 
(2) in subsection (b), by amending paragraph (1) to read 
as follows: 
‘‘(1) ALLOCATION.— 
46 USC 51301 
note. 
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130 STAT. 2778 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B) and paragraph (2), of the amounts available each fiscal 
year for the Program under subsection (a)(1)(C)— 
‘‘(i) 50 percent shall be used for grants under sec-
tion 308703(b); and 
‘‘(ii) 50 percent shall be used for grants under 
section 308703(c). 
‘‘(B) SET ASIDE.— 
‘‘(i) IN GENERAL.—Not less than 25 percent of the 
amounts available each fiscal year for the Program 
under subsection (a)(1)(C) shall be used for the 
preservation and presentation to the public of the mari-
time heritage property of the Maritime Administration. 
‘‘(ii) DIRECT TRANSFERS.—The Secretary may pro-
vide amounts used for the preservation and presen-
tation to the public of the maritime heritage property 
of the Maritime Administration through direct trans-
fers to the Maritime Administration. 
‘‘(iii) WAIVER.—The Maritime Administrator may 
waive the application of clause (i) for any fiscal year.’’. 
(b) CONFORMING AMENDMENT.—Section 308703(c)(1) of title 54, 
United States Code, is amended by striking ‘‘under section 
308704(b)(1)(B)’’ and inserting ‘‘under section 308704(b)(1)(A)’’. 
(c) REPORTING REQUIREMENT.—Section 308703(j) of title 54, 
United States Code, is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘Con-
gress’’ and inserting ‘‘the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Energy 
and Natural Resources of the Senate, the Committee on Natural 
Resources of the House of Representatives, the Committee on 
Armed Services of the House of Representatives, and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives’’; 
(2) by redesignating paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; 
(3) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) the total number of grant applications submitted and 
approved under the Program in the period covered by the 
report;’’; and 
(4) in paragraph (2), as redesignated, by inserting ‘‘detailed’’ 
before ‘‘description’’. 
(d) ANNUAL REPORT BY THE MARITIME ADMINISTRATION.— 
(1) IN GENERAL.—Not later than January 1 of each year, 
the Maritime Administrator shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Armed Services and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives a report on the management of the Ship Disposal program 
of the Maritime Administration. 
(2) CONTENTS.—Each report under paragraph (1) shall 
include— 
(A) the total amount of funds, attributable to the Ship 
Disposal program of the Maritime Administration, credited 
in the most recently completed fiscal year to— 
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130 STAT. 2779 
PUBLIC LAW 114–328—DEC. 23, 2016 
(i) the Vessel Operations Revolving Fund estab-
lished by section 50301(a) of title 46, United States 
Code; and 
(ii) any other account; 
(B) the balance of funds available at the end of that 
fiscal year in— 
(i) the Vessel Operations Revolving Fund; and 
(ii) any other account for which a credited amount 
was included under subparagraph (A)(ii); 
(C) a detailed description of the funds credited to and 
distributions from the Vessel Operations Revolving Fund 
in that fiscal year; and 
(D) a summary of each maritime heritage project 
selected by the Maritime Administrator, for preservation 
and presentation to the public of the Maritime Administra-
tion’s maritime heritage property, for which funds from 
the Vessel Operations Revolving Fund were expended in 
that fiscal year. 
(e) ASSESSMENTS BY THE MARITIME ADMINISTRATION.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, and biennially thereafter, the 
Maritime Administrator shall complete an assessment of the 
Ship Disposal program of the Maritime Administration. 
(2) CONTENTS.—Each assessment under paragraph (1) shall 
include— 
(A) an inventory of each vessel, subject to a disposal 
agreement or a memorandum of agreement with another 
Federal agency relating to the disposal of the vessel, for 
which the Maritime Administration is acting as the dis-
posal agency, including— 
(i) the age of the vessel; and 
(ii) the name of the Federal agency that has or 
had custody over the vessel prior to any disposal agree-
ment or memorandum of agreement with the Maritime 
Administration; 
(B) an inventory of each vessel of a Federal agency 
that may meet the criteria for the Maritime Administration 
to act as the disposal agency, including— 
(i) the age of the vessel; 
(ii) the name of the applicable Federal agency; 
and 
(iii) whether the vessel is expected to be declared 
obsolete and dismantled in the next 5 years; 
(C) a plan to serve as the disposal agency, as appro-
priate, for the vessels described in subparagraph (B); 
(D) a plan for the timely distribution of the proceeds 
that the Maritime Administration currently has in ship 
disposal accounts; 
(E) a projection of future distributions of such proceeds; 
and 
(F) any other assessment related to the Ship Disposal 
program that the Maritime Administrator determines 
appropriate. 
(3) INCLUSION IN THE ANNUAL REPORT.—A detailed descrip-
tion of the results of each assessment under paragraph (1) 
shall be included in the annual report under subsection (d) 
for the year in which the assessment was completed. 
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130 STAT. 2780 
PUBLIC LAW 114–328—DEC. 23, 2016 
(f) CESSATION OF EFFECTIVENESS.—Subsections (d) and (e) of 
this section shall cease to be effective on the date that is 5 years 
and 1 day after the date of the enactment of this Act. 
SEC. 3508. FLOATING DRY DOCKS. 
Section 55122 of title 46, United States Code, is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following: 
‘‘(b) DRY DOCKS FOR CONSTRUCTION OF CERTAIN NAVAL VES-
SELS.— 
‘‘(1) IN GENERAL.—In applying subsection (a) to a floating 
dry dock used for the construction of naval vessels in a shipyard 
located in the United States, the ownership and operation 
requirement in paragraph (1)(B) of that subsection shall be 
treated as satisfied and ‘December 19, 2017’ shall be substituted 
for the date referred to in paragraph (1)(C) of that subsection 
if the Secretary of the Navy determines that— 
‘‘(A) such dry dock is necessary for the timely comple-
tion of such construction; and 
‘‘(B) such dry dock— 
‘‘(i) is owned and operated by— 
‘‘(I) a shipyard located in the United States 
that is an eligible owner specified under section 
12103(b); or 
‘‘(II) an affiliate of such a shipyard; or 
‘‘(ii) is— 
‘‘(I) owned by the State in which the shipyard 
is located or a political subdivision of that State; 
and 
‘‘(II) operated by a shipyard located in the 
United States that is an eligible owner specified 
under section 12103(b). 
‘‘(2) NOTICE TO CONGRESS.—Not later than 30 days after 
making a determination under paragraph (1), the Secretary 
of the Navy shall notify the Committee on Armed Services 
and the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Armed 
Services and the Committee on Commerce, Science, and 
Transportation of the Senate of such determination.’’. 
SEC. 3509. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS 
FOR 
INDIVIDUALS 
UNDERGOING 
SEPARATION, 
DIS-
CHARGE, OR RELEASE FROM THE ARMED FORCES. 
(a) IN GENERAL.—Section 70105 of title 46, United States Code, 
is amended— 
(1) in subsection (b)(2), by striking ‘‘and’’ after the semicolon 
at the end of subparagraph (F), by redesignating subparagraph 
(G) as subparagraph (H), and by inserting after subparagraph 
(F) the following: 
‘‘(G) a member of the Armed Forces who— 
‘‘(i) is undergoing separation, discharge, or release from 
the Armed Forces under honorable conditions; 
‘‘(ii) applies for a transportation security card; and 
‘‘(iii) is otherwise eligible for such a card; and’’; and 
(2) by amending subsection (j) to read as follows: 
‘‘(j) PRIORITY PROCESSING
FOR SEPARATING SERVICE MEM-
BERS.—(1) The Secretary and the Secretary of Defense shall enter 
into a memorandum of understanding regarding the submission 
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130 STAT. 2781 
PUBLIC LAW 114–328—DEC. 23, 2016 
and processing of applications for transportation security cards 
under subsection (b)(2)(G). 
‘‘(2) Not later than 30 days after the submission of such an 
application by an individual who is eligible to submit such an 
application, the Secretary shall process and approve or deny the 
application unless an appeal or waiver applies or further application 
documentation is necessary.’’. 
(b) DEADLINE FOR MEMORANDUM.—The Secretary of the depart-
ment in which the Coast Guard is operating and the Secretary 
of Defense shall enter into the memorandum of understanding 
required by the amendment made by subsection (a)(2) by not later 
than 180 days after the date of the enactment of this Act. 
(c) APPLICATION OF PROCESSING DEADLINE.—Section 70105(j)(2) 
of title 46, United States Code, as amended by this section, shall 
apply to applications for transportation security cards submitted 
after the expiration of the 180-day period beginning on the date 
of the enactment of this Act. 
(d) REPORTS.— 
(1) INITIAL REPORT.— 
(A) REQUIREMENT.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Homeland Security shall jointly submit 
a report described in subparagraph (B) to the Committee 
on Armed Services, the Committee on Commerce, Science, 
and Transportation, and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Com-
mittee on Armed Services, the Committee on Homeland 
Security, and the Committee on Transportation and Infra-
structure of the House of Representatives. 
(B) CONTENTS.—The report under subparagraph (A) 
shall include the following: 
(i) The memorandum of understanding required 
by section 70105(j)(1) of title 46, United States Code, 
as amended by this section. 
(ii) The number of individuals eligible to apply 
for a transportation security card under section 
70105(b)(2)(G) of title 46, United States Code, as 
amended by this section, the number of such individ-
uals who applied for such a card, and the number 
of such individuals who have been issued such a card, 
as of the date of the report. 
(iii) If the Secretary failed to process and approve 
or deny any applications received from individuals 
eligible to apply for such a card under such section 
before the deadline specified in section 70105(j)(2) of 
such title, as amended by this section, a description 
of the reasons for the failure and of the actions being 
taken to assure that future applications are processed 
and issued or denied within such deadline. 
(2) SUBSEQUENT
REPORT.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of Defense 
and the Secretary of Homeland Security shall jointly submit 
a report to such Committees containing the information 
described in clauses (ii) and (iii) of paragraph (1)(B). 
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130 STAT. 2782 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 3510. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL 
ASSAULT AT THE UNITED STATES MERCHANT MARINE 
ACADEMY. 
(a) POLICY.—Chapter 513 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘§ 51318. Policy on sexual harassment and sexual assault 
‘‘(a) REQUIRED POLICY.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
direct the Superintendent of the United States Merchant 
Marine Academy to prescribe a policy on sexual harassment 
and sexual assault applicable to the cadets and other personnel 
of the Academy. 
‘‘(2) MATTERS TO BE SPECIFIED IN POLICY.—The policy on 
sexual harassment and sexual assault prescribed under this 
subsection shall include— 
‘‘(A) a program to promote awareness of the incidence 
of rape, acquaintance rape, and other sexual offenses of 
a criminal nature that involve cadets or other Academy 
personnel; 
‘‘(B) procedures that a cadet or other Academy per-
sonnel should follow in the case of an occurrence of sexual 
harassment or sexual assault, including— 
‘‘(i) specifying the person or persons to whom an 
alleged occurrence of sexual harassment or sexual 
assault should be reported by the victim and the 
options for confidential reporting; 
‘‘(ii) specifying any other person whom the victim 
should contact; and 
‘‘(iii) procedures on the preservation of evidence 
potentially necessary for proof of criminal sexual 
assault; 
‘‘(C) a procedure for disciplinary action in cases of 
alleged criminal sexual assault involving a cadet or other 
Academy personnel; 
‘‘(D) any other sanction authorized to be imposed in 
a substantiated case of sexual harassment or sexual assault 
involving a cadet or other Academy personnel in rape, 
acquaintance rape, or any other criminal sexual offense, 
whether forcible or nonforcible; 
‘‘(E) procedures through which— 
‘‘(i) questions regarding sexual harassment or 
sexual assault can be confidentially asked and con-
fidentially answered; 
‘‘(ii) victims can report incidents of sexual assault 
confidentially; and 
‘‘(iii) the privacy of victims of sexual harassment 
and sexual assault will be protected; and 
‘‘(F) required training on the policy for all cadets and 
other Academy personnel, including the specific training 
required for personnel who process allegations of sexual 
harassment or sexual assault involving Academy personnel. 
‘‘(3) AVAILABILITY OF POLICY.—The Secretary shall ensure 
that the policy developed under this subsection is available 
to— 
‘‘(A) all cadets and employees of the Academy; and 
‘‘(B) the public. 
46 USC 51318. 
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130 STAT. 2783 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(4) CONSULTATION
AND
ASSISTANCE.—In developing the 
policy under this subsection, the Secretary may consult with 
or receive assistance from such Federal, State, local, and 
national organizations and subject matter experts as the Sec-
retary considers appropriate. 
‘‘(b) DEVELOPMENT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary shall ensure that the 
development program of the Academy includes a section that— 
‘‘(A) describes the relationship between honor, respect, 
and character development and the prevention of sexual 
harassment and sexual assault at the Academy; 
‘‘(B) includes a brief history of the problem of sexual 
harassment and sexual assault in the merchant marine, 
in the Armed Forces, and at the Academy; and 
‘‘(C) includes information relating to reporting sexual 
harassment and sexual assault, victims’ rights, and dis-
missal for offenders. 
‘‘(2) 
MINIMUM
TRAINING
REQUIREMENTS.—The 
Super-
intendent shall ensure that all cadets receive training on the 
sexual harassment and sexual assault prevention and response 
sections of the development program of the Academy, as 
described in paragraph (1), as follows: 
‘‘(A) An initial training session, which shall occur not 
later than 7 days after a cadet’s initial arrival at the 
Academy. 
‘‘(B) Additional training sessions, which shall occur 
biannually following the cadet’s initial training session 
until the cadet graduates or leaves the Academy. 
‘‘(c) ANNUAL ASSESSMENT.— 
‘‘(1) IN GENERAL.—The Secretary, in cooperation with the 
Superintendent, shall conduct an assessment at the Academy, 
during each Academy program year, to determine the effective-
ness of the policies, procedures, and training program of the 
Academy with respect to sexual harassment and sexual assault 
involving cadets or other Academy personnel. 
‘‘(2) BIENNIAL
SURVEY.—For each assessment of the 
Academy under paragraph (1) during an Academy program 
year that begins in an odd-numbered calendar year, the Sec-
retary shall conduct a survey of cadets and other Academy 
personnel— 
‘‘(A) to measure— 
‘‘(i) the incidence, during that program year, of 
sexual harassment and sexual assault events involving 
cadets or other Academy personnel, on or off the 
Academy campus, that have been reported to officials 
of the Academy; and 
‘‘(ii) the incidence, during that program year, of 
sexual harassment and sexual assault events involving 
cadets or other Academy personnel, on or off the 
Academy campus, that have not been reported to offi-
cials of the Academy; and 
‘‘(B) to assess the perceptions of cadets and other 
Academy personnel on— 
‘‘(i) the policies, procedures, and training programs 
of the Academy on sexual harassment and sexual 
assault involving cadets or other Academy personnel; 
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130 STAT. 2784 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) the enforcement of the policies described in 
clause (i); 
‘‘(iii) the incidence of sexual harassment and sexual 
assault involving cadets or other Academy personnel; 
and 
‘‘(iv) any other issues relating to sexual harass-
ment and sexual assault involving cadets or other 
Academy personnel. 
‘‘(3) FOCUS
GROUPS
FOR
YEARS
WHEN
SURVEY
NOT 
REQUIRED.—In any year in which the Secretary is not required 
to conduct the survey described in paragraph (2), the Secretary 
shall conduct focus groups at the Academy for the purposes 
of ascertaining information relating to sexual assault and 
sexual harassment issues at the Academy. 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—For each Academy program year, the 
Superintendent shall submit to the Secretary a report that 
provides information about sexual harassment and sexual 
assault involving cadets or other Academy personnel. 
‘‘(2) CONTENTS.—Each report submitted under paragraph 
(1) shall include, for the Academy program year covered by 
the report— 
‘‘(A) the number of sexual assaults, rapes, and other 
sexual offenses involving cadets or other Academy per-
sonnel that have been reported to Academy officials; 
‘‘(B) the number of the reported cases described in 
subparagraph (A) that have been substantiated; 
‘‘(C) the policies, procedures, and training implemented 
by the Superintendent and the leadership of the Academy 
in response to incidents of sexual harassment and sexual 
assault involving cadets and other Academy personnel; and 
‘‘(D) a plan for the actions that will be taken in the 
following Academy program year regarding prevention of, 
and response to, incidents of sexual harassment and sexual 
assault involving cadets and other Academy personnel. 
‘‘(3) SURVEY AND FOCUS GROUP RESULTS.— 
‘‘(A) SURVEY RESULTS.—Each report under paragraph 
(1) for an Academy program year that begins in an odd- 
numbered calendar year shall include the results of the 
survey conducted in that program year under subsection 
(c)(2). 
‘‘(B) FOCUS GROUP RESULTS.—Each report under para-
graph (1) for an Academy program year in which the Sec-
retary is not required to conduct the survey described in 
subsection (c)(2) shall include the results of the focus group 
conducted in that program year under subsection (c)(3). 
‘‘(4) REPORTING REQUIREMENT.— 
‘‘(A) BY THE SUPERINTENDENT.—For each incident of 
sexual harassment or sexual assault reported to the Super-
intendent, the Superintendent shall provide to the Sec-
retary and the Board of Visitors of the Academy a report 
that includes— 
‘‘(i) the facts surrounding the incident, except for 
any details that would reveal the identities of the 
people involved; and 
‘‘(ii) the Academy’s response to the incident. 
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130 STAT. 2785 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) BY THE SECRETARY.—The Secretary shall submit 
a copy of each report received under subparagraph (A) 
and the Secretary’s comments on the report to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
513 of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘51318. Policy on sexual harassment and sexual assault.’’. 
SEC. 3511. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL 
ASSAULT VICTIM ADVOCATES. 
(a) COORDINATORS AND ADVOCATES.—Chapter 513 of title 46, 
United States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 51319. Sexual assault response coordinators and sexual 
assault victim advocates 
‘‘(a) SEXUAL ASSAULT RESPONSE COORDINATORS.—The United 
States Merchant Marine Academy shall employ or contract with 
at least 1 full-time sexual assault response coordinator who shall 
reside at or near the Academy. The Secretary of Transportation 
may assign additional full-time or part-time sexual assault response 
coordinators at the Academy as necessary. 
‘‘(b) VOLUNTEER SEXUAL ASSAULT VICTIM ADVOCATES.— 
‘‘(1) IN GENERAL.—The Secretary, acting through the Super-
intendent of the Academy, shall designate from among volun-
teers 1 or more permanent employees of the Academy to serve 
as advocates for victims of sexual assaults involving cadets 
of the Academy or other Academy personnel. 
‘‘(2) TRAINING; OTHER DUTIES.—Each victim advocate des-
ignated under this subsection shall— 
‘‘(A) have or receive training in matters relating to 
sexual assault and the comprehensive policy developed 
under section 51318; and 
‘‘(B) serve as a victim advocate voluntarily, in addition 
to the individual’s other duties as an employee of the 
Academy. 
‘‘(3) PRIMARY DUTIES.—While performing the duties of a 
victim advocate under this subsection, a designated employee 
shall— 
‘‘(A) support victims of sexual assault by informing 
them of the rights and resources available to them as 
victims; 
‘‘(B) identify additional resources to ensure the safety 
of victims of sexual assault; and 
‘‘(C) connect victims of sexual assault to companions, 
as described in paragraph (4). 
‘‘(4) COMPANIONS.— 
‘‘(A) IN
GENERAL.—At least 1 victim advocate des-
ignated under this subsection, or a sexual assault response 
coordinator designated under subsection (a), while per-
forming the duties of a victim advocate, shall act as a 
companion to a victim described in paragraph (1) in navi-
gating investigative, medical, mental, and emotional 
health, and recovery processes relating to sexual assault. 
46 USC 51319 
note. 
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130 STAT. 2786 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) ALTERNATE VICTIM ADVOCATES.—If requested by 
the victim, an alternate victim advocate shall be designated 
under this subsection to act as a companion to the victim, 
as described in subparagraph (A). 
‘‘(5) HOTLINE.—The Secretary shall establish a 24-hour hot-
line through which the victim of a sexual assault described 
in paragraph (1) can receive victim support services. 
‘‘(6) FORMAL RELATIONSHIPS WITH OTHER ENTITIES.—The 
Secretary may enter into formal relationships with other enti-
ties to make available additional victim advocates or to imple-
ment paragraphs (3), (4), and (5).’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
513 of title 46, United States Code, as amended by this Act, is 
further amended by adding at the end the following: 
‘‘51319. Sexual assault response coordinators and sexual assault victim advocates.’’. 
SEC. 3512. REPORT FROM THE DEPARTMENT OF TRANSPORTATION 
INSPECTOR GENERAL. 
(a) IN GENERAL.—Not later than March 31, 2018, the Inspector 
General of the Department of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report that describes the effectiveness 
of the sexual harassment and sexual assault prevention and 
response program at the United States Merchant Marine Academy. 
(b) CONTENTS.—The report required under subsection (a) 
shall— 
(1) assess progress toward addressing any outstanding rec-
ommendations; 
(2) include any recommendations to reduce the number 
of sexual assaults involving members of the Academy, whether 
a member is the victim, the alleged assailant, or both; and 
(3) include any recommendations to improve the response 
of the Department and the Academy to reports of sexual 
assaults involving members of the Academy, whether a member 
is the victim, a member is the alleged assailant, or both. 
(c) EXPERTISE.—In compiling the report required under this 
section, the Inspector General shall— 
(1) include on the inspection teams acting under the direc-
tion of the Inspector General at least 1 member with expertise 
and knowledge of sexual assault prevention and response poli-
cies; or 
(2) consult with subject matter experts in the prevention 
of and response to sexual assaults. 
SEC. 3513. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING 
GROUP. 
(a) IN GENERAL.—Not later than 21 days after the date of 
the enactment of this Act, the Maritime Administrator shall convene 
a working group to examine methods to improve the prevention 
of, and response to, any sexual harassment, sexual assault, or 
other inappropriate conduct, as well as methods to improve the 
shipboard climate, that occurs during a cadet’s Sea Year experience 
with the United States Merchant Marine Academy. 
(b) MEMBERSHIP.—The working group shall be composed of 
members designated by the Maritime Administrator as follows: 
46 USC 
prec. 51301. 
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130 STAT. 2787 
PUBLIC LAW 114–328—DEC. 23, 2016 
(1) A representative of the Maritime Administration, who 
shall serve as the chair of the working group. 
(2) The Superintendent of the Academy (or the Super-
intendent’s designee). 
(3) A sexual assault response coordinator appointed under 
section 51319 of title 46, United States Code, as added by 
this Act. 
(4) A subject matter expert from the Coast Guard. 
(5) A subject matter expert from the Military Sealift Com-
mand. 
(6) A subject matter expert from the National Oceanic 
and Atmospheric Administration. 
(7) At least 1 representative from each State maritime 
academy. 
(8) At least 1 representative from each private contracting 
party participating in the maritime security program. 
(9) At least 1 representative from each nonprofit labor 
organization representing a class or craft of employees employed 
on vessels in the Maritime Security Fleet. 
(10) At least 2 representatives from approved maritime 
training institutions. 
(11) At least 1 representative from companies that— 
(A) participate in sea training of Academy cadets; and 
(B) do not participate in the maritime security pro-
gram. 
(12) Such additional individuals as the Maritime Adminis-
trator may designate. 
(c) NO QUORUM REQUIREMENT.—The chair may convene the 
working group without all members present. 
(d) RESPONSIBILITIES.—The working group shall— 
(1) evaluate options that could promote a climate of honor 
and respect, and a culture that is intolerant of sexual harass-
ment, sexual assault, or other inappropriate conduct and those 
who commit it, with operators of vessels of the United States; 
(2) raise awareness of sexual harassment, sexual assault, 
or other inappropriate conduct with operators of vessels of 
the United States; 
(3) assess options that could be implemented by the opera-
tors of vessels of the United States that would remove any 
barriers to the reporting of sexual harassment, sexual assault, 
or other inappropriate conduct that occurs during a cadet’s 
Sea Year experience and protect the victim’s confidentiality; 
(4) assess a potential program or policy to improve the 
prevention of, and response to, incidents of sexual harassment, 
sexual assault, or other inappropriate conduct; 
(5) assess a potential program or policy requiring crews 
to complete a sexual harassment and sexual assault prevention 
and response training program before the cadet’s Sea Year 
that includes— 
(A) fostering a shipboard climate— 
(i) that does not tolerate sexual harassment, sexual 
assault, or other inappropriate conduct; 
(ii) in which persons assigned to vessel crews are 
encouraged to intervene to prevent such potential 
incidents; and 
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130 STAT. 2788 
PUBLIC LAW 114–328—DEC. 23, 2016 
(iii) that encourages victims to report any incident 
of sexual harassment, sexual assault, or other inappro-
priate conduct; and 
(B) promoting an understanding of the needs of, and 
the resources available to, a victim after an incident of 
sexual harassment, sexual assault, or other inappropriate 
conduct; 
(6) assess all other feasible changes to Sea Year training 
at the Academy, and corresponding changes to curricula, to 
improve prevention of and response to incidents of sexual 
harassment, sexual assault, and other inappropriate conduct; 
and 
(7) assess how vessel operators could ensure the confiden-
tiality of a report of sexual harassment, sexual assault, or 
other inappropriate conduct in order to protect the victim and 
prevent retribution. 
(e) REPORT.—Not later than 9 months after the date of the 
enactment of this Act, the working group shall submit to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report that includes— 
(1) recommendations on each of the working group’s respon-
sibilities described in subsection (d); 
(2) a description of the trade-offs, opportunities, and chal-
lenges associated with the recommendations described in para-
graph (1); 
(3) a description of administrative actions taken as result 
of the recommendations described in paragraph (1); and 
(4) any other information the working group determines 
appropriate. 
SEC. 3514. SEA YEAR COMPLIANCE. 
Not later than 90 days after the date of the enactment of 
this Act, the Maritime Administrator, in consultation with operators 
of commercial vessels of the United States, shall establish— 
(1) criteria that vessel operators must meet in order to 
participate in the Sea Year program of the United States Mer-
chant Marine Academy that addresses sexual harassment, 
sexual assault, and other inappropriate conduct; and 
(2) a process for verifying compliance with the criteria. 
SEC. 3515. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND 
REPORTING. 
Section 51506 of title 46, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘must’’ and inserting ‘‘shall’’; 
(B) in paragraph (2), by striking ‘‘and’’ at the end; 
(C) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) agree that any individual enrolled at such State mari-
time academy in a merchant marine officer preparation pro-
gram— 
‘‘(A) shall, not later than 9 months after such individ-
ual’s date of enrollment, pass an examination in form and 
substance satisfactory to the Secretary that demonstrates 
46 USC 51318 
note. 
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130 STAT. 2789 
PUBLIC LAW 114–328—DEC. 23, 2016 
that such individual meets the medical and physical 
requirements— 
‘‘(i) required for the issuance of an original license 
under section 7101; or 
‘‘(ii) set by the Coast Guard for issuing merchant 
mariners’ documentation under section 7302, with no 
limit to the individual’s operational authority; 
‘‘(B) following passage of the examination under 
subparagraph (A), shall continue to meet the requirements 
described in subparagraph (A) throughout the remainder 
of the individual’s enrollment at the State maritime 
academy; and 
‘‘(C) if the individual has a medical or physical condi-
tion that disqualifies the individual from meeting the 
requirements referred to in subparagraph (A), shall be 
transferred to a program other than a merchant marine 
officer preparation program, or otherwise appropriately 
disenrolled from such State maritime academy, until the 
individual demonstrates to the Secretary that the indi-
vidual meets such requirements.’’; and 
(2) by adding at the end the following: 
‘‘(c) SECRETARIAL WAIVER AUTHORITY.—The Secretary may 
modify or waive any of the terms set forth in subsection (a)(4) 
with respect to any individual or State maritime academy.’’. 
SEC. 3516. APPOINTMENTS. 
(a) IN GENERAL.—Section 51303 of title 46, United States Code, 
is amended by striking ‘‘40’’ and inserting ‘‘50’’. 
(b) CLASS PROFILES.— 
(1) IN GENERAL.—Not later than August 31 of each year, 
the Superintendent of the United States Merchant Marine 
Academy shall post on the Academy’s public website a profile 
of each class at the Academy. 
(2) CONTENTS.—Each profile posted under paragraph (1) 
shall include, for the incoming class of the Academy and for 
the 4 classes that preceded that class at the Academy, the 
number and percentage of students by— 
(A) State; 
(B) country; 
(C) gender; 
(D) race and ethnicity; and 
(E) prior military service. 
SEC. 3517. MARITIME WORKFORCE WORKING GROUP. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the Maritime Administrator, in consulta-
tion with the Coast Guard Merchant Marine Personnel Advisory 
Committee and the Committee on the Marine Transportation 
System, shall convene a working group to examine and assess 
the size of the pool of United States citizen mariners necessary 
to support the United States flag fleet in times of national emer-
gency. 
(b) MEMBERSHIP.—The Maritime Administrator shall designate 
individuals to serve as members of the working group convened 
under subsection (a). The working group shall include, at a min-
imum, at least 1 representative from each of— 
(1) the Maritime Administration, who shall serve as chair-
person of the working group; 
46 USC 51301 
note. 
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130 STAT. 2790 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) the United States Merchant Marine Academy; 
(3) the Coast Guard; 
(4) the Military Sealift Command; 
(5) the Navy; 
(6) the State maritime academies; 
(7) a nonprofit labor organization representing a class of 
licensed employees who are employed on vessels operating in 
the United States flag fleet; 
(8) a nonprofit labor organization representing a class of 
unlicensed employees who are employed on vessels operating 
in the United States flag fleet; 
(9) the pool of owners of vessels operating in the United 
States flag fleet, or their private contracting parties, that are 
primarily operating in coastwise trades; and 
(10) the pool of owners of vessels operating in the United 
States flag fleet, or their private contracting parties, that are 
primarily operating in international transportation. 
(c) NO QUORUM REQUIREMENT.—The Maritime Administrator 
may convene the working group virtually and without all members 
present. 
(d) RESPONSIBILITIES.—The working group shall— 
(1) identify the number of United States citizen mariners— 
(A) in total; 
(B) that have a valid Coast Guard merchant mariner 
credential with the necessary endorsements for service on 
unlimited tonnage vessels that are subject to the Inter-
national Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978, as amended; 
(C) that are involved in Federal programs that support 
the United States merchant marine and the United States 
flag fleet; 
(D) that are available to crew the United States flag 
fleet and the surge sealift fleet in times of a national 
emergency; 
(E) that are full-time mariners; 
(F) that have sailed in the prior 18 months; 
(G) that are primarily operating in noncontiguous or 
coastwise trades; and 
(H) that are merchant mariner credentialed officers 
in the United States Navy Reserve; 
(2) assess the impact on the United States merchant marine 
and United States Merchant Marine Academy if graduates 
from State maritime academies and the United States Merchant 
Marine Academy were assigned to, or required to fulfill, certain 
maritime positions based on the overall needs of the United 
States merchant marine; 
(3) assess the Coast Guard Merchant Mariner Licensing 
and Documentation System and its accessibility and value to 
the Maritime Administration for the purposes of evaluating 
the pool of United States citizen mariners; and 
(4) make recommendations to enhance the availability and 
quality of interagency data, including data from the United 
States Transportation Command, the Coast Guard, the Navy, 
and the Bureau of Transportation Statistics, for use by the 
Maritime Administration for evaluating the pool of United 
States citizen mariners. 
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130 STAT. 2791 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary of Transportation shall submit 
a report to the Committee on Commerce, Science, and Transpor-
tation of the Senate, the Committee on Armed Services of the 
House of Representatives, and the Committee on Transportation 
and Infrastructure of the House of Representatives that contains 
the results of the study conducted under this section, including— 
(1) the number of United States citizen mariners identified 
for each category described in subparagraphs (A) through (H) 
of subsection (d)(1); 
(2) the results of the assessments conducted under para-
graphs (2) and (3) of subsection (d); and 
(3) the recommendations made under subsection (d)(4). 
(f) INCLUSION OF MERCHANT MARINE-CREDENTIALED OFFICERS 
IN THE NAVY RESERVE.—For the purposes of this section, the term 
‘‘United States citizen mariners’’ includes, but is not limited to, 
officers in the United States Navy Reserve who are holders of 
merchant mariner credentials, as determined by the Secretary of 
the Navy. 
(g) SUNSET.—The Maritime Administrator may disband the 
working group upon submission of the report under subsection 
(e). 
SEC. 3518. MARITIME EXTREME WEATHER TASK FORCE. 
(a) ESTABLISHMENT OF TASK FORCE.—Not later than 15 days 
after the date of the enactment of this Act, the Secretary of 
Transportation shall establish a task force to analyze the impact 
of extreme weather events, such as in the maritime environment 
(referred to in this section as the ‘‘Task Force’’). 
(b) MEMBERSHIP.—The Task Force shall be composed of— 
(1) the Secretary or the Secretary’s designee; and 
(2) a representative of— 
(A) the Coast Guard; 
(B) the National Oceanic and Atmospheric Administra-
tion; and 
(C) such other Federal agency or independent commis-
sion as the Secretary considers appropriate. 
(c) REPORT.— 
(1) IN GENERAL.—Except as provided in paragraph (4), not 
later than 180 days after the date it is established under 
subsection (a), the Task Force shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the analysis under sub-
section (a). 
(2) CONTENTS.—The report under paragraph (1) shall 
include— 
(A) an identification of available weather prediction, 
monitoring, and routing technology resources; 
(B) an identification of industry best practices relating 
to response to, and prevention of marine casualties from, 
extreme weather events; 
(C) a description of how the resources described in 
subparagraph (A) are used in the various maritime sectors, 
including by passenger and cargo vessels; 
(D) recommendations for improving maritime response 
operations to extreme weather events and preventing 
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130 STAT. 2792 
PUBLIC LAW 114–328—DEC. 23, 2016 
marine casualties from extreme weather events, such as 
promoting the use of risk communications and the tech-
nologies identified under subparagraph (A); and 
(E) recommendations for any legislative or regulatory 
actions for improving maritime response operations to 
extreme weather events and preventing marine casualties 
from extreme weather events. 
(3) PUBLICATION.—The Secretary shall make the report 
under paragraph (1) and any notification under paragraph (4) 
publicly accessible in an electronic format. 
(4) IMMINENT THREATS.—The Task Force shall immediately 
notify the Secretary of any finding or recommendations that 
could protect the safety of an individual on a vessel from 
an imminent threat of extreme weather. 
SEC. 3519. WORKFORCE PLANS AND ONBOARDING POLICIES. 
(a) WORKFORCE PLANS.—Not later than 9 months after the 
date of the enactment of this Act, the Maritime Administrator 
shall review the Maritime Administration’s workforce plans, 
including its Strategic Human Capital Plan and Leadership Succes-
sion Plan, and fully implement competency models for mission- 
critical occupations, including— 
(1) leadership positions; 
(2) human resources positions; and 
(3) transportation specialist positions. 
(b) ONBOARDING POLICIES.—Not later than 9 months after the 
date of the enactment of this Act, the Maritime Administrator 
shall— 
(1) review the Maritime Administration’s policies related 
to new hire orientation, training, and misconduct; 
(2) align the onboarding policies and procedures at head-
quarters and the field offices to ensure consistent implementa-
tion and provision of critical information across the Maritime 
Administration; and 
(3) update the Maritime Administration’s training policies 
and training systems to include controls that ensure that all 
completed training is tracked in a standardized training reposi-
tory. 
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Maritime Administrator shall submit a report 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives that describes the Maritime Administration’s compli-
ance with the requirements under this section. 
SEC. 3520. DRUG AND ALCOHOL POLICY. 
(a) REVIEW.—Not later than 9 months after the date of the 
enactment of this Act, the Maritime Administrator shall— 
(1) review the Maritime Administration’s drug and alcohol 
policies, procedures, and training practices; 
(2) ensure that all fleet managers have received training 
on the Department of Transportation’s drug and alcohol policy, 
including the testing procedures used by the Department and 
the Maritime Administration in cases of reasonable suspicion; 
and 
49 USC 109 note. 
49 USC 109 note. 
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130 STAT. 2793 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) institute a system for tracking all drug and alcohol 
policy training conducted under paragraph (2) in a standardized 
training repository. 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Maritime Administrator shall submit a report 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives that describes the Maritime Administration’s compli-
ance with the requirements under this section. 
SEC. 3521. VESSEL TRANSFERS. 
Not later than 9 months after the date of the enactment of 
this Act, the Maritime Administrator shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Armed Services and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that describes the Maritime Administration policies and procedures 
for vessel transfer, including— 
(1) a summary of the actions taken to update the Vessel 
Transfer Office procedures manual to reflect the current range 
of program responsibilities and processes; and 
(2) a copy of the updated Vessel Transfer Office procedures 
to process vessel transfer applications. 
SEC. 3522. CLARIFYING AMENDMENT; CONTINUATION BOARDS. 
Section 290(a) of title 14, United States Code, is amended 
by striking ‘‘five officers serving in the grade of vice admiral’’ 
and inserting ‘‘5 officers (other than the Commandant) serving 
in the grade of admiral or vice admiral’’. 
SEC. 3523. POLAR ICEBREAKER RECAPITALIZATION PLAN. 
(a) REQUIREMENT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary, in consultation with 
the Secretary of the Navy, shall submit to the appropriate commit-
tees of Congress a detailed recapitalization plan to address the 
2013 Department of Homeland Security Mission Need Statement 
with respect to icebreaking. 
(b) CONTENTS.—The plan required under subsection (a) shall— 
(1) detail the number of heavy and medium polar ice-
breakers required to meet Coast Guard statutory missions in 
the polar regions; 
(2) identify the vessel specifications, capabilities, systems, 
equipment, and other details required for the design of heavy 
polar icebreakers capable of fulfilling the mission requirements 
of the Coast Guard and the Navy, and the requirements of 
other agencies and departments of the United States, as the 
Secretary determines appropriate; 
(3) list the specific appropriations required for the acquisi-
tion of each icebreaker, for each fiscal year, until the full 
fleet is recapitalized; 
(4) describe the potential savings of serial acquisition for 
new polar class icebreakers, including specific schedule and 
acquisition requirements needed to realize such savings; 
(5) describe any polar icebreaking capacity gaps that may 
arise based on the current fleet and current procurement out-
look; and 
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130 STAT. 2794 
PUBLIC LAW 114–328—DEC. 23, 2016 
(6) describe any additional polar icebreaking capability gaps 
that may arise due to any further delay in procurement sched-
ules. 
(c) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives. 
(2) SECRETARY.—Except as otherwise specifically provided, 
the term ‘‘Secretary’’ means the Secretary of the department 
in which the Coast Guard is operating. 
SEC. 3524. GAO REPORT ON ICEBREAKING CAPABILITY IN UNITED 
STATES. 
(a) REQUIREMENT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Congress 
a report on the current state of the United States Federal 
icebreaking fleet. 
(b) CONTENTS.—The report required under subsection (a) shall 
include— 
(1) an analysis of the icebreaking assets in operation in 
the United States and a description of the missions completed 
by such assets; 
(2) an analysis of how such assets and the capabilities 
of such assets are consistent, or inconsistent, with the 
icebreaking mission requirements described in the 2013 Depart-
ment of Homeland Security Mission Need Statement, the Naval 
Operations Concept 2010, and other military and civilian 
governmental missions in the United States; 
(3) an analysis of the gaps in icebreaking capability of 
the United States based on the expected service life of the 
fleet of United States icebreaking assets; 
(4) a list of countries that are allies of the United States 
that have the icebreaking capacity to exercise missions during 
any identified gap in United States icebreaking capacity; and 
(5) a description of the policy, financial, and other barriers 
that have prevented timely recapitalization of the Coast Guard 
icebreaking fleet and recommendations to overcome such bar-
riers, including potential international fee-based models used 
to compensate governments for icebreaking escorts or mainte-
nance of maritime routes. 
(c) APPROPRIATE COMMITTEES OF CONGRESS.—In this section, 
the term ‘‘appropriate committees of Congress’’ means the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives. 
Subtitle B—Pribilof Islands Transition 
Completion 
SEC. 3531. SHORT TITLE. 
This subtitle may be cited as the ‘‘Pribilof Islands Transition 
Completion Amendments Act of 2016’’. 
Pribilof Islands 
Transition 
Completion 
Amendments Act 
of 2016. 
16 USC 1151 
note. 
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130 STAT. 2795 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 3532. CONVEYANCE OF PROPERTY. 
(a) CONVEYANCE.—Subsection (a) of section 522 of the Pribilof 
Island Transition Completion Act of 2016 (Public Law 114–120, 
as amended by this Act) is amended to read as follows: 
‘‘(a) CONVEYANCE.—In partial settlement of land claims under 
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
and not later than 30 days after the date of enactment of the 
Pribilof Islands Transition Completion Amendments Act of 2016, 
the Secretary of Commerce shall, notwithstanding section 105(a) 
of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public 
Law 106–562), convey to the Alaska Native Village Corporation 
for St. Paul Island all right, title, and interest of the United States 
in and to the following property, including improvements on such 
property: 
‘‘(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey 
4943, Alaska, the plat of which was Officially Filed on January 
20, 2004, aggregating 13,006 square feet (0.30 acres). 
‘‘(2) T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 
39, the plat of which was Officially Filed on May 14, 1986, 
containing 0.90 acres.’’. 
(b) CONFORMING AMENDMENTS; EASEMENT.—Section 522 of such 
Act, as amended by subsection (a), is further amended— 
(1) by striking subsection (b); 
(2) by redesignating subsection (c) as subsection (b); and 
(3) by adding at the end the following: 
‘‘(c) EASEMENT.—As part of the conveyance under subsection 
(a), the Secretary of Commerce, in cooperation with the Alaska 
Native Village Corporation for St. Paul Island, shall provide an 
easement to the Secretary of Transportation to maintain a non- 
directional beacon on the property described in subsection (a)(2).’’. 
SEC. 3533. TRANSFER, USE, AND DISPOSAL OF TRACT 43. 
(a) IN GENERAL.—Section 524 of the Pribilof Island Transition 
Completion Act of 2016 (Public Law 114–120, as amended by this 
Act) is amended to read as follows: 
‘‘SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43. 
‘‘(a) TRANSFER.—Not later than 30 days after the date of the 
enactment of the Pribilof Islands Transition Completion Amend-
ments Act of 2016, the Secretary of Commerce shall— 
‘‘(1) terminate the license; and 
‘‘(2) transfer tract 43 to the Secretary of the department 
in which the Coast Guard is operating. 
‘‘(b) DETERMINATION, TRANSFER, AND CONVEYANCE.— 
‘‘(1) IN GENERAL.—Not later than the end of the 90-day 
period beginning on the date of the transfer required under 
subsection (a)(2), the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a determination of— 
‘‘(A) lands and improvements in tract 43 that are not 
necessary to carry out Coast Guard communications and 
search and rescue activities; and 
‘‘(B) the smallest practicable tract enclosing lands and 
improvements in tract 43 that are necessary to carry out 
such communications and activities. 
‘‘(2) SURVEYS, MAPS, DESCRIPTIONS, AND PLAN.— 
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130 STAT. 2796 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) LANDS
AND
IMPROVEMENTS
NOT
NECESSARY
TO 
COAST GUARD ACTIVITIES.—The determination under para-
graph (1)(A) shall include a metes-and-bounds survey, map, 
and legal description of the lands and improvements to 
which the determination applies. Such survey, map, and 
legal description shall have the same force and effect as 
if included in this section, except that the Secretary may 
correct clerical and typographical errors in the survey, map, 
and legal description. 
‘‘(B) LANDS AND IMPROVEMENTS NECESSARY TO COAST 
GUARD
ACTIVITIES.—The determination under paragraph 
(1)(B) shall include with respect to the lands and improve-
ments to which the determination applies— 
‘‘(i) a metes-and-bounds survey, map, and legal 
description of such lands and improvements, which 
shall have the same force and effect as if included 
in this section, except that the Secretary may correct 
clerical and typographical errors in the survey, map, 
and legal description; 
‘‘(ii) a description of Coast Guard actual use and 
occupancy of such lands and improvements intended 
to occur within 3 years after the date of the enactment 
of the Pribilof Islands Transition Completion Amend-
ments Act of 2016; and 
‘‘(iii) a plan to maintain existing facilities in use-
able condition, or demolish or replace those facilities, 
including a cost estimate for carrying out such plan. 
‘‘(3) CONVEYANCE.—In partial settlement of land claims 
under the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.), and not later than 60 days after the submission 
of the determination under paragraph (1)(A), the Secretary 
shall convey to the Alaska Native Village Corporation for St. 
Paul Island all right, title, and interest of the United States 
in and to the land and improvements depicted on the metes- 
and-bounds survey, map, and legal description of the lands 
and improvements to which the determination under paragraph 
(1)(A) applies. 
‘‘(4) FAILURE TO PROVIDE DETERMINATION.—If a determina-
tion under paragraph (1) is not provided within the period 
specified in that paragraph, in partial settlement of land claims 
under the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.) the Secretary shall, by not later than 30 days 
after the end of that period, convey all right, title, and interest 
of the United States in and to tract 43 to the Alaska Native 
Village Corporation for St. Paul Island. 
‘‘(5) FAILURE TO IMPLEMENT USE AND OCCUPANCY.—If the 
use and occupancy described in paragraph (2)(B)(ii) have not 
been fully implemented within 5 years after the date of enact-
ment of the Pribilof Islands Transition Completion Amend-
ments Act of 2016, in partial settlement of land claims under 
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) the Secretary shall convey to the Alaska Native Village 
Corporation for St. Paul Island all right, title, and interest 
of the United States in and to such portions of the lands 
and improvements to which the determination under paragraph 
(1)(B) applies and for which such implementation has not 
occurred. 
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130 STAT. 2797 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(c) FURTHER DETERMINATION AND CONVEYANCE.— 
‘‘(1) IN GENERAL.—Not later than 5 years after the date 
of the enactment of the Pribilof Islands Transition Completion 
Amendments Act of 2016, and not less than once every 5 
years thereafter, the Secretary shall— 
‘‘(A) review the determination made under subsection 
(b)(1)(B); and 
‘‘(B) determine if the lands and improvements to which 
the determination applies are in excess of the smallest 
practicable tract enclosing the lands and improvements 
needed to carry out Coast Guard missions. 
‘‘(2) REPORT OF DETERMINATION.—When a determination 
is made under paragraph (1), the Secretary shall report the 
determination to— 
‘‘(A) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; 
‘‘(B) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
‘‘(C) the Alaska Native Village Corporation for St. Paul 
Island. 
‘‘(3) ELECTION TO RECEIVE.—Not later than 60 days after 
the date it receives a determination under paragraph (1), the 
Alaska Native Village Corporation for St. Paul Island shall 
notify the Secretary in writing whether the Alaska Native 
Village Corporation elects to receive all right, title, and interest 
of the United States in and to any lands and improvements 
or a portion of any lands and improvements determined to 
be in excess of those needed to carry out Coast Guard missions 
in partial settlement of land claims under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.). 
‘‘(4) CONVEYANCE.—If such Alaska Native Village Corpora-
tion provides notice under paragraph (3) that the Alaska Native 
Village Corporation elects to receive all right, title, and interest 
of the United States in and to any lands and improvements 
or a portion of any lands and improvements, in partial settle-
ment of land claims under the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) the Secretary shall convey all 
right, title, and interest of the United States in and to the 
lands and improvements or portion thereof to such Alaska 
Native Village Corporation. 
‘‘(5) OTHER DISPOSAL.—If such Alaska Native Village Cor-
poration does not provide notice under paragraph (3) that the 
Alaska Native Village Corporation elects to receive all right, 
title, and interest of the United States in and to any lands 
and improvements or a portion of any lands and improvements, 
the Secretary may dispose of the lands and improvements in 
accordance with other applicable law. 
‘‘(d) CERCLA NOT AFFECTED.—No transfer or conveyance of 
property under this section shall be construed to affect or limit 
the application of section 120(h) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)). 
‘‘(e) REPORTS.— 
‘‘(1) REMEDIATION OF CONTAMINATED SOIL.—Not later than 
2 years after the date of the enactment of the Pribilof Islands 
Transition Completion Amendments Act of 2016 and not less 
than once every 2 years thereafter, the Secretary shall submit 
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130 STAT. 2798 
PUBLIC LAW 114–328—DEC. 23, 2016 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on— 
‘‘(A) efforts taken to remediate contaminated soils on 
tract 43 and tract 39; and 
‘‘(B) a schedule for the completion of remediation of 
contaminated soils on tract 43 and tract 39. 
‘‘(2) NUMBER OF COAST GUARD PERSONNEL WHO CARRIED 
OUT COAST GUARD MISSIONS.—On the 15th day of each month, 
the Commandant of the Coast Guard shall submit to the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a notice detailing the number 
of Coast Guard personnel who carried out Coast Guard missions 
on tract 43 during the previous month and what Coast Guard 
missions were carried out by such personnel. 
‘‘(f) REDUNDANT CAPABILITY.— 
‘‘(1) RULE OF CONSTRUCTION.—Except as provided in para-
graph (2), section 681 of title 14, United States Code, shall 
not be construed to prohibit any conveyance of lands or improve-
ments under this subtitle or any actions that involve the 
dismantling or disposal of infrastructure that supported the 
former LORAN system that are associated with the conveyance 
of lands or improvements under this subtitle. 
‘‘(2) REDUNDANT CAPABILITY.—If, within the 5-year period 
beginning on the date of the enactment of the Pribilof Islands 
Transition Completion Amendments Act of 2016, the Secretary 
determines that communication equipment, including towers, 
antennae, and transmitters, on property conveyed in accordance 
with this subtitle is subsequently required to provide a posi-
tioning, navigation, and timing system to provide redundant 
capability in the event GPS signals are disrupted, the Secretary 
may— 
‘‘(A) operate, maintain, keep, locate, inspect, repair, 
and replace such equipment; and 
‘‘(B) in carrying out the activities described in subpara-
graph (A), enter, at any time, a facility without notice, 
to the extent that it is not possible to provide advance 
notice, for as long as such equipment is needed to provide 
such capability. 
‘‘(g) FEDERAL USE.—In addition to entry under subsection 
(f)(2)(B), the Secretary may enter property conveyed in accordance 
with this subtitle for purposes of environmental compliance and 
remediation after providing advance notice to the property owner 
to the extent that it is possible to provide such notice. 
‘‘(h) HIGH FREQUENCY COMMUNICATIONS.— 
‘‘(1) RESTRICTION.—Except as provided in paragraph (2), 
on property contained within the boundaries of tract 43 as 
in effect on the date of enactment of the Pribilof Islands Transi-
tion Completion Amendments Act of 2016, no person may 
operate or maintain— 
‘‘(A) radio frequency transmitting equipment that pro-
duces a signal that exceeds 5 microvolts per meter field 
intensity, other than such equipment that was in use on 
the site before the date of the enactment of such Act; 
or 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) electric welding equipment, electric generating 
equipment, a diathermy machine, electric motors of any 
kind having greater than 5 horsepower, or any other 
machinery, engine, or equipment that causes any electro-
magnetic interference. 
‘‘(2) EXCEPTION.—A person may engage in operations or 
maintenance otherwise prohibited by paragraph (1) with the 
concurrence of the Secretary. 
‘‘(i) DEFINITIONS.—For purposes of this section: 
‘‘(1) LICENSE.—The term ‘license’ means the agreement 
dated January 9, 2006, entitled ‘License Agreement Between 
The Department of Homeland Security, United States Coast 
Guard, and The Department of Commerce, National Oceanic 
and Atmospheric Administration’. 
‘‘(2) TRACT 39.—The term ‘tract 39’ means T. 35 S., R. 
131 W., Seward Meridian, Alaska, Tract 39, the plat of which 
was Officially Filed on May 14, 1986, containing 0.90 acres. 
‘‘(3) TRACT 43.—The term ‘tract 43’ means T. 35 S., R. 
131 W., Seward Meridian, Alaska, Tract 43, the plat of which 
was Officially Filed on May 14, 1986, containing 84.88 acres, 
and any improvements on such tract. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the department in which the Coast Guard is operating.’’. 
(b) CHARGEABILITY FOR LANDS CONVEYED.—The Secretary of 
the Interior shall charge against the remaining entitlement of the 
Alaska Native Village Corporation for St. Paul Island under the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
any conveyance of land to such corporation under this subtitle, 
including the amendments made by this subtitle. 
(c) CLERICAL AMENDMENT.—The table of contents in section 
2 of the Coast Guard Authorization Act of 2016 (Public Law 114– 
120, as amended by this Act) is amended by striking the item 
relating to section 524 and inserting the following: 
‘‘Sec. 524. Transfer, use, and disposal of tract 43.’’. 
(d) CONFORMING AMENDMENTS.—Section 105 of the Pribilof 
Islands Transition Act (16 U.S.C. 1161 note; Public Law 106– 
562) is amended— 
(1) in subsection (e)(1), by striking ‘‘or section 522 of the 
Pribilof Island Transition Completion Act of 2015’’ and inserting 
‘‘or section 522 of the Pribilof Island Transition Completion 
Act of 2016, or transferred to the Secretary of the department 
in which the Coast Guard is operating under section 524 of 
such Act,’’; and 
(2) in subsection (f)(1), by striking ‘‘and not transferred’’ 
and inserting ‘‘and not transferred to the Secretary of the 
department in which the Coast Guard is operating under sec-
tion 524 of the Pribilof Island Transition Completion Act of 
2016 or’’. 
(e) SAVINGS CLAUSE.—The Memorandum of Understanding 
among the Tanadgusix Corporation, St. Paul Island, Alaska, the 
Tanaq Corporation, St. George Island, Alaska, and the National 
Marine Fisheries Service of the National Oceanic and Atmospheric 
Administration of the Department of Commerce, dated December 
22, 1976, regarding Pribilof Islands Land Selections and the 
establishment and operation of a Joint Management Board, shall 
remain in effect with respect to land selections and conveyances 
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130 STAT. 2800 
PUBLIC LAW 114–328—DEC. 23, 2016 
until all obligations for conveyances under that agreement have 
been met, and the obligation to maintain a Joint Management 
Board remains in effect. 
Subtitle C—Sexual Harassment and As-
sault Prevention at the National Oceanic 
and Atmospheric Administration 
SEC. 3541. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL 
OCEANIC AND ATMOSPHERIC ADMINISTRATION. 
(a) REQUIRED POLICY.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Commerce shall, 
acting through the Under Secretary for Oceans and Atmosphere, 
develop a policy on the prevention of and response to sexual harass-
ment involving employees of the National Oceanic and Atmospheric 
Administration, members of the commissioned officer corps of the 
Administration, and individuals who work with or conduct business 
on behalf of the Administration. 
(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy developed 
under subsection (a) shall include— 
(1) establishment of a program to promote awareness of 
the incidence of sexual harassment; 
(2) clear procedures an individual should follow in the 
case of an occurrence of sexual harassment, including— 
(A) a specification of the person or persons to whom 
an alleged occurrence of sexual harassment should be 
reported by an individual and options for confidential 
reporting, including— 
(i) options and contact information for after-hours 
contact; and 
(ii) a procedure for obtaining assistance and 
reporting sexual harassment while working in a remote 
scientific field camp, at sea, or in another field status; 
and 
(B) a specification of any other person whom the victim 
should contact; 
(3) establishment of a mechanism by which— 
(A) questions regarding sexual harassment can be con-
fidentially asked and confidentially answered; and 
(B) incidents of sexual harassment can be confiden-
tially reported; and 
(4) a prohibition on retaliation and consequences for retalia-
tory actions. 
(c) CONSULTATION AND ASSISTANCE.—In developing the policy 
required by subsection (a), the Secretary may consult or receive 
assistance from such State, local, and national organizations and 
subject matter experts as the Secretary considers appropriate. 
(d) AVAILABILITY OF POLICY.—The Secretary shall ensure that 
the policy developed under subsection (a) is available to— 
(1) all employees of the Administration and members of 
the commissioned officer corps of the Administration, including 
those employees and members who conduct field work for the 
Administration; and 
(2) the public. 
33 USC 894 note. 
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130 STAT. 2801 
PUBLIC LAW 114–328—DEC. 23, 2016 
(e) GEOGRAPHIC DISTRIBUTION OF EQUAL EMPLOYMENT OPPOR-
TUNITY PERSONNEL.—The Secretary shall designate out of existing 
staff at least 1 employee of the Administration who is tasked 
with handling matters relating to equal employment opportunity 
or sexual harassment at each marine and aviation center of the 
Administration. 
(f) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not less frequently than 4 times each 
year, the Director of the Civil Rights Office of the Administra-
tion shall submit to the Under Secretary a report on sexual 
harassment in the Administration. 
(2) CONTENTS.—Each report submitted under paragraph 
(1) shall include the following: 
(A) The number of sexual harassment cases, both 
actionable and non-actionable, involving individuals cov-
ered by the policy developed under subsection (a). 
(B) The number of open actionable sexual harassment 
cases and how long the cases have been open. 
(C) Such trends or region-specific issues as the Director 
may have discovered with respect to sexual harassment 
in the Administration. 
(D) Such recommendations as the Director may have 
with respect to sexual harassment in the Administration. 
SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCE-
ANIC AND ATMOSPHERIC ADMINISTRATION. 
(a) COMPREHENSIVE POLICY ON PREVENTION OF AND RESPONSE 
TO SEXUAL ASSAULTS.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Commerce shall, acting 
through the Under Secretary for Oceans and Atmosphere, develop 
a comprehensive policy on the prevention of and response to sexual 
assaults involving employees of the National Oceanic and 
Atmospheric Administration, members of the commissioned officer 
corps of the Administration, and individuals who work with or 
conduct business on behalf of the Administration. 
(b) ELEMENTS OF COMPREHENSIVE POLICY.—The comprehensive 
policy developed under subsection (a) shall, at minimum, address 
the following matters: 
(1) Prevention measures. 
(2) Education and training on prevention and response. 
(3) A list of support resources an individual may use in 
the occurrence of sexual assault, including— 
(A) options and contact information for after-hours con-
tact; and 
(B) a procedure for obtaining assistance and reporting 
sexual assault while working in a remote scientific field 
camp, at sea, or in another field status. 
(4) Easy and ready availability of information described 
in paragraph (3). 
(5) Establishing a mechanism by which— 
(A) questions regarding sexual assault can be confiden-
tially asked and confidentially answered; and 
(B) incidents of sexual assault can be confidentially 
reported. 
(6) Protocols for the investigation of complaints by com-
mand and law enforcement personnel. 
33 USC 894 note. 
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130 STAT. 2802 
PUBLIC LAW 114–328—DEC. 23, 2016 
(7) Prohibiting retaliation and consequences for retaliatory 
actions against someone who reports a sexual assault. 
(8) Oversight by the Under Secretary of administrative 
and disciplinary actions in response to substantiated incidents 
of sexual assault. 
(9) Victim advocacy, including establishment of and the 
responsibilities and training requirements for victim advocates 
as described in subsection (c). 
(10) Availability of resources for victims of sexual assault 
within other Federal agencies and State, local, and national 
organizations. 
(c) VICTIM ADVOCACY.— 
(1) IN GENERAL.—The Secretary, acting through the Under 
Secretary, shall establish victim advocates to advocate for vic-
tims of sexual assaults involving employees of the Administra-
tion, members of the commissioned officer corps of the Adminis-
tration, and individuals who work with or conduct business 
on behalf of the Administration. 
(2) VICTIM ADVOCATES.—For purposes of this subsection, 
a victim advocate is an existing permanent employee of the 
Administration who— 
(A) is trained in matters relating to sexual assault 
and the comprehensive policy developed under subsection 
(a); and 
(B) serves as a victim advocate voluntarily and in 
addition to the employee’s other duties as an employee 
of the Administration. 
(3) PRIMARY DUTIES.—The primary duties of a victim advo-
cate established under paragraph (1) shall include the following: 
(A) Supporting victims of sexual assault and informing 
them of their rights and the resources available to them 
as victims. 
(B) Acting as a companion in navigating investigative, 
medical, mental and emotional health, and recovery proc-
esses relating to sexual assault. 
(C) Helping to identify resources to ensure the safety 
of victims of sexual assault. 
(4) LOCATION.—The Secretary shall ensure that at least 
1 victim advocate established under paragraph (1) is sta-
tioned— 
(A) in each region in which the Administration con-
ducts operations; and 
(B) in each marine and aviation center of the Adminis-
tration. 
(5) HOTLINE.— 
(A) IN GENERAL.—In carrying out this subsection, the 
Secretary shall provide a telephone number at which a 
victim of a sexual assault can contact a victim advocate. 
(B) 24-HOUR ACCESS.—The Secretary shall ensure that 
the telephone number established under subparagraph (A) 
is monitored at all times. 
(C) PARTNERSHIP.—The Secretary shall, where possible, 
use established hotlines for purposes of this paragraph. 
(6) FORMAL
RELATIONSHIPS
WITH
OTHER
ENTITIES.—The 
Secretary may enter into formal relationships with other enti-
ties to make available additional victim advocates. 
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130 STAT. 2803 
PUBLIC LAW 114–328—DEC. 23, 2016 
(d) AVAILABILITY OF POLICY.—The Secretary shall ensure that 
the policy developed under subsection (a) is available to— 
(1) all employees of the Administration and members of 
the commissioned officer corps of the Administration, including 
those employees and members who conduct field work for the 
Administration; and 
(2) the public. 
(e) CONSULTATION AND ASSISTANCE.—In developing the policy 
required by subsection (a), the Secretary may consult or receive 
assistance from such State, local, and national organizations and 
subject matter experts as the Secretary considers appropriate. 
SEC. 3543. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT. 
A victim of a sexual assault covered by the comprehensive 
policy developed under section 3542(a) has the right to be reason-
ably protected from the accused. 
SEC. 3544. CHANGE OF STATION. 
(a) CHANGE OF STATION, UNIT TRANSFER, OR CHANGE OF WORK 
LOCATION OF VICTIMS.— 
(1) TIMELY CONSIDERATION AND ACTION UPON REQUEST.— 
The Secretary of Commerce, acting through the Under Sec-
retary for Oceans and Atmosphere, shall— 
(A) in the case of a member of the commissioned officer 
corps of the National Oceanic and Atmospheric Administra-
tion who was a victim of a sexual assault, in order to 
reduce the possibility of retaliation or further sexual 
assault, provide for timely determination and action on 
an application submitted by the victim for consideration 
of a change of station or unit transfer of the victim; and 
(B) in the case of an employee of the Administration 
who was a victim of a sexual assault, to the degree prac-
ticable and in order to reduce the possibility of retaliation 
against the employee for reporting the sexual assault, 
accommodate a request for a change of work location of 
the victim. 
(2) PROCEDURES.— 
(A) PERIOD FOR APPROVAL AND DISAPPROVAL.—The Sec-
retary, acting through the Under Secretary, shall ensure 
that an application or request submitted under paragraph 
(1) for a change of station, unit transfer, or change of 
work location is approved or denied within 72 hours of 
the submission of the application or request. 
(B) REVIEW.—If an application or request submitted 
under paragraph (1) by a victim of a sexual assault for 
a change of station, unit transfer, or change of work loca-
tion of the victim is denied— 
(i) the victim may request the Secretary to review 
the denial; and 
(ii) the Secretary, acting through the Under Sec-
retary, shall, not later than 72 hours after receiving 
such request, affirm or overturn the denial. 
(b) CHANGE OF STATION, UNIT TRANSFER, AND CHANGE OF WORK 
LOCATION OF ALLEGED PERPETRATORS.— 
(1) IN GENERAL.—The Secretary, acting through the Under 
Secretary, shall develop a policy for the protection of victims 
of sexual assault described in subsection (a)(1) by providing 
the alleged perpetrator of the sexual assault with a change 
33 USC 894c 
note. 
33 USC 894b 
note. 
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130 STAT. 2804 
PUBLIC LAW 114–328—DEC. 23, 2016 
of station, unit transfer, or change of work location, as the 
case may be, if the alleged perpetrator is a member of the 
commissioned officer corps of the Administration or an employee 
of the Administration. 
(2) POLICY REQUIREMENTS.—The policy required by para-
graph (1) shall include the following: 
(A) A means to control access to the victim. 
(B) Due process for the victim and the alleged perpe-
trator. 
(c) REGULATIONS.— 
(1) IN GENERAL.—The Secretary shall promulgate regula-
tions to carry out this section. 
(2) CONSISTENCY.—When practicable, the Secretary shall 
make regulations promulgated under this section consistent 
with similar regulations promulgated by the Secretary of 
Defense. 
SEC. 3545. APPLICABILITY OF POLICIES TO CREWS OF VESSELS 
SECURED BY NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION UNDER CONTRACT. 
The Under Secretary for Oceans and Atmosphere shall ensure 
that each contract into which the Under Secretary enters for the 
use of a vessel by the National Oceanic and Atmospheric Adminis-
tration that covers the crew of the vessel, if any, shall include 
as a condition of the contract a provision that subjects such crew 
to the policy developed under section 3541(a) and the comprehensive 
policy developed under section 3542(a). 
SEC. 3546. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL 
OCEANIC AND ATMOSPHERIC ADMINISTRATION. 
(a) IN GENERAL.—Not later than January 15 of each year, 
the Secretary of Commerce shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Natural Resources of the House of Representatives a 
report on the sexual assaults involving employees of the National 
Oceanic and Atmospheric Administration, members of the commis-
sioned officer corps of the Administration, and individuals who 
work with or conduct business on behalf of the Administration. 
(b) CONTENTS.—Each report submitted under subsection (a) 
shall include, with respect to the previous calendar year, the fol-
lowing: 
(1) The number of alleged sexual assaults involving 
employees, members, and individuals described in subsection 
(a). 
(2) A synopsis of each case and the disciplinary action 
taken, if any, in each case. 
(3) The policies, procedures, and processes implemented 
by the Secretary, and any updates or revisions to such policies, 
procedures, and processes. 
(4) A summary of the reports received by the Under Sec-
retary for Oceans and Atmosphere under section 3541(f). 
(c) PRIVACY PROTECTION.—In preparing and submitting a report 
under subsection (a), the Secretary shall ensure that no individual 
involved in an alleged sexual assault can be identified by the 
contents of the report. 
33 USC 894 note. 
33 USC 894 note. 
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130 STAT. 2805 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 3547. SEXUAL ASSAULT DEFINED. 
In this subtitle, the term ‘‘sexual assault’’ shall have the 
meaning given such term in section 40002(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925(a)). 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
Sec. 4103. Procurement for overseas contingency operations for base requirements. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
Sec. 4203. Research, development, test, and evaluation for overseas contingency op-
erations for base requirements. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
Sec. 4303. Operation and maintenance for overseas contingency operations for base 
requirements. 
TITLE XLIV—MILITARY PERSONNEL 
Sec. 4401. Military personnel. 
Sec. 4402. Military personnel for overseas contingency operations. 
Sec. 4403. Military personnel for overseas contingency operations for base require-
ments. 
TITLE XLV—OTHER AUTHORIZATIONS 
Sec. 4501. Other authorizations. 
Sec. 4502. Other authorizations for overseas contingency operations. 
Sec. 4503. Other authorizations for overseas contingency operations for base re-
quirements. 
TITLE XLVI—MILITARY CONSTRUCTION 
Sec. 4601. Military construction. 
Sec. 4602. Military construction for overseas contingency operations. 
Sec. 4603. Military construction for overseas contingency operations for base re-
quirements. 
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4701. Department of Energy national security programs. 
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 
(a) IN GENERAL.—Whenever a funding table in this division 
specifies a dollar amount authorized for a project, program, or 
activity, the obligation and expenditure of the specified dollar 
amount for the project, program, or activity is hereby authorized, 
subject to the availability of appropriations. 
(b) MERIT-BASED DECISIONS.—A decision to commit, obligate, 
or expend funds with or to a specific entity on the basis of a 
dollar amount authorized pursuant to subsection (a) shall— 
(1) be based on merit-based selection procedures in accord-
ance with the requirements of sections 2304(k) and 2374 of 
title 10, United States Code, or on competitive procedures; 
and 
(2) comply with other applicable provisions of law. 
(c) 
RELATIONSHIP
TO
TRANSFER
AND
PROGRAMMING 
AUTHORITY.—An amount specified in the funding tables in this 
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130 STAT. 2806 
PUBLIC LAW 114–328—DEC. 23, 2016 
division may be transferred or reprogrammed under a transfer 
or reprogramming authority provided by another provision of this 
Act or by other law. The transfer or reprogramming of an amount 
specified in such funding tables shall not count against a ceiling 
on such transfers or reprogrammings under section 1001 or section 
1522 of this Act or any other provision of law, unless such transfer 
or reprogramming would move funds between appropriation 
accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 
to any classified annex that accompanies this Act. 
(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written 
communication concerning any amount specified in the funding 
tables in this division shall supersede the requirements of this 
section. 
TITLE XLI—PROCUREMENT 
SEC. 4101. PROCUREMENT. 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
FIXED WING 
001 
UTILITY F/W AIRCRAFT .................................................................
57,529 
57,529 
003 
MQ–1 UAV ..........................................................................................
55,388 
55,388 
ROTARY 
006 
AH–64 APACHE BLOCK IIIA REMAN ...........................................
803,084 
803,084 
007 
ADVANCE PROCUREMENT (CY) ...............................................
185,160 
185,160 
008 
UH–60 BLACKHAWK M MODEL (MYP) ........................................
755,146 
755,146 
009 
ADVANCE PROCUREMENT (CY) ...............................................
174,107 
174,107 
010 
UH–60 BLACK HAWK A AND L MODELS ....................................
46,173 
46,173 
011 
CH–47 HELICOPTER ........................................................................
556,257 
556,257 
012 
ADVANCE PROCUREMENT (CY) ...............................................
8,707 
8,707 
MODIFICATION OF AIRCRAFT 
013 
MQ–1 PAYLOAD (MIP) .....................................................................
43,735 
43,735 
015 
MULTI SENSOR ABN RECON (MIP) .............................................
94,527 
94,527 
016 
AH–64 MODS .....................................................................................
137,883 
137,883 
017 
CH–47 CARGO HELICOPTER MODS (MYP) .................................
102,943 
102,943 
018 
GRCS SEMA MODS (MIP) ................................................................
4,055 
4,055 
019 
ARL SEMA MODS (MIP) ...................................................................
6,793 
6,793 
020 
EMARSS SEMA MODS (MIP) ..........................................................
13,197 
13,197 
021 
UTILITY/CARGO AIRPLANE MODS ..............................................
17,526 
17,526 
022 
UTILITY HELICOPTER MODS .......................................................
10,807 
10,807 
023 
NETWORK AND MISSION PLAN ...................................................
74,752 
74,752 
024 
COMMS, NAV SURVEILLANCE ......................................................
69,960 
69,960 
025 
GATM ROLLUP ..................................................................................
45,302 
45,302 
026 
RQ–7 UAV MODS ..............................................................................
71,169 
71,169 
027 
UAS MODS .........................................................................................
21,804 
21,804 
GROUND SUPPORT AVIONICS 
028 
AIRCRAFT SURVIVABILITY EQUIPMENT ..................................
67,377 
67,377 
029 
SURVIVABILITY CM ........................................................................
9,565 
9,565 
030 
CMWS ..................................................................................................
41,626 
41,626 
OTHER SUPPORT 
032 
AVIONICS SUPPORT EQUIPMENT ...............................................
7,007 
7,007 
033 
COMMON GROUND EQUIPMENT .................................................
48,234 
48,234 
034 
AIRCREW INTEGRATED SYSTEMS ..............................................
30,297 
30,297 
035 
AIR TRAFFIC CONTROL .................................................................
50,405 
50,405 
036 
INDUSTRIAL FACILITIES ...............................................................
1,217 
1,217 
037 
LAUNCHER, 2.75 ROCKET ..............................................................
3,055 
3,055 
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
3,614,787 
3,614,787 
MISSILE PROCUREMENT, ARMY 
SURFACE-TO-AIR MISSILE SYSTEM 
001 
LOWER TIER AIR AND MISSILE DEFENSE (AMD) ...................
126,470 
126,470 
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130 STAT. 2807 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
002 
MSE MISSILE ....................................................................................
423,201 
423,201 
003 
ADVANCE PROCUREMENT (CY) ...............................................
19,319 
19,319 
AIR-TO-SURFACE MISSILE SYSTEM 
004 
HELLFIRE SYS SUMMARY .............................................................
42,013 
42,013 
005 
JOINT AIR-TO-GROUND MSLS (JAGM) ........................................
64,751 
64,751 
006 
ADVANCE PROCUREMENT (CY) ...............................................
37,100 
37,100 
ANTI-TANK/ASSAULT MISSILE SYS 
007 
JAVELIN (AAWS-M) SYSTEM SUMMARY ....................................
73,508 
72,904 
Engineering services cost growth ...............................................
[–604 
] 
008 
TOW 2 SYSTEM SUMMARY ............................................................
64,922 
64,922 
009 
ADVANCE PROCUREMENT (CY) ...............................................
19,949 
10,716 
Advance procurement cost growth .............................................
[–9,233 
] 
010 
GUIDED MLRS ROCKET (GMLRS) ................................................
172,088 
172,088 
011 
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ..........
18,004 
18,004 
MODIFICATIONS 
013 
PATRIOT MODS ................................................................................
197,107 
197,107 
014 
ATACMS MODS .................................................................................
150,043 
150,043 
015 
GMLRS MOD ......................................................................................
395 
395 
017 
AVENGER MODS ..............................................................................
33,606 
33,606 
018 
ITAS/TOW MODS ...............................................................................
383 
383 
019 
MLRS MODS ......................................................................................
34,704 
34,704 
020 
HIMARS MODIFICATIONS ..............................................................
1,847 
1,847 
SPARES AND REPAIR PARTS 
021 
SPARES AND REPAIR PARTS ........................................................
34,487 
34,487 
SUPPORT EQUIPMENT & FACILITIES 
022 
AIR DEFENSE TARGETS .................................................................
4,915 
4,915 
024 
PRODUCTION BASE SUPPORT ......................................................
1,154 
1,154 
TOTAL MISSILE PROCUREMENT, ARMY ....................
1,519,966 
1,510,129 
PROCUREMENT OF W&TCV, ARMY 
TRACKED COMBAT VEHICLES 
001 
STRYKER VEHICLE .........................................................................
71,680 
71,680 
MODIFICATION OF TRACKED COMBAT VEHICLES 
002 
STRYKER (MOD) ...............................................................................
74,348 
74,348 
003 
STRYKER UPGRADE ........................................................................
444,561 
433,561 
Early to need ................................................................................
[–11,000 
] 
005 
BRADLEY PROGRAM (MOD) ..........................................................
276,433 
273,333 
Excess program management growth ........................................
[–3,100 
] 
006 
HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................
63,138 
63,138 
007 
PALADIN INTEGRATED MANAGEMENT (PIM) ..........................
469,305 
469,305 
008 
IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...........
91,963 
91,963 
009 
ASSAULT BRIDGE (MOD) ...............................................................
3,465 
3,465 
010 
ASSAULT BREACHER VEHICLE ...................................................
2,928 
2,928 
011 
M88 FOV MODS .................................................................................
8,685 
8,685 
012 
JOINT ASSAULT BRIDGE ...............................................................
64,752 
64,752 
013 
M1 ABRAMS TANK (MOD) ..............................................................
480,166 
480,166 
014 
ABRAMS UPGRADE PROGRAM .....................................................
100,000 
Realign APS Unit Set Requirements from OCO .......................
[100,000 
] 
WEAPONS & OTHER COMBAT VEHICLES 
016 
INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ............
9,764 
9,764 
017 
MORTAR SYSTEMS ..........................................................................
8,332 
8,332 
018 
XM320 GRENADE LAUNCHER MODULE (GLM) ........................
3,062 
3,062 
019 
COMPACT SEMI-AUTOMATIC SNIPER SYSTEM .......................
992 
992 
020 
CARBINE ............................................................................................
40,493 
40,493 
021 
COMMON REMOTELY OPERATED WEAPONS STATION .........
25,164 
25,164 
MOD OF WEAPONS AND OTHER COMBAT VEH 
022 
MK–19 GRENADE MACHINE GUN MODS ...................................
4,959 
4,959 
023 
M777 MODS ........................................................................................
11,913 
11,913 
024 
M4 CARBINE MODS .........................................................................
29,752 
29,752 
025 
M2 50 CAL MACHINE GUN MODS ................................................
48,582 
48,582 
026 
M249 SAW MACHINE GUN MODS ................................................
1,179 
1,179 
027 
M240 MEDIUM MACHINE GUN MODS ........................................
1,784 
1,784 
028 
SNIPER RIFLES MODIFICATIONS ................................................
971 
971 
029 
M119 MODIFICATIONS ....................................................................
6,045 
6,045 
030 
MORTAR MODIFICATION ...............................................................
12,118 
12,118 
031 
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................
3,157 
3,157 
SUPPORT EQUIPMENT & FACILITIES 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
032 
ITEMS LESS THAN $5.0M (WOCV-WTCV) ...................................
2,331 
2,331 
035 
SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ..................
3,155 
3,155 
TOTAL PROCUREMENT OF W&TCV, ARMY ...............
2,265,177 
2,351,077 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES ...............................................................
40,296 
40,296 
002 
CTG, 7.62MM, ALL TYPES ...............................................................
39,237 
39,237 
003 
CTG, HANDGUN, ALL TYPES .........................................................
5,193 
5,193 
004 
CTG, .50 CAL, ALL TYPES ...............................................................
46,693 
46,693 
005 
CTG, 20MM, ALL TYPES ..................................................................
7,000 
7,000 
006 
CTG, 25MM, ALL TYPES ..................................................................
7,753 
6,453 
Program reduction .......................................................................
[–1,300 
] 
007 
CTG, 30MM, ALL TYPES ..................................................................
47,000 
47,000 
008 
CTG, 40MM, ALL TYPES ..................................................................
118,178 
111,824 
Early to need ................................................................................
[–6,354 
] 
MORTAR AMMUNITION 
009 
60MM MORTAR, ALL TYPES ..........................................................
69,784 
69,784 
010 
81MM MORTAR, ALL TYPES ..........................................................
36,125 
36,125 
011 
120MM MORTAR, ALL TYPES ........................................................
69,133 
69,133 
TANK AMMUNITION 
012 
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ..........
120,668 
117,868 
Early to need ................................................................................
[–2,800 
] 
ARTILLERY AMMUNITION 
013 
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........
64,800 
61,300 
75mm blanks early to need ........................................................
[–3,500 
] 
014 
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................
109,515 
109,515 
015 
PROJ 155MM EXTENDED RANGE M982 ......................................
39,200 
39,200 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
70,881 
70,881 
ROCKETS 
019 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
38,000 
38,000 
020 
ROCKET, HYDRA 70, ALL TYPES ..................................................
87,213 
87,213 
OTHER AMMUNITION 
021 
CAD/PAD, ALL TYPES ......................................................................
4,914 
4,914 
022 
DEMOLITION MUNITIONS, ALL TYPES ......................................
6,380 
6,380 
023 
GRENADES, ALL TYPES .................................................................
22,760 
22,760 
024 
SIGNALS, ALL TYPES ......................................................................
10,666 
10,666 
025 
SIMULATORS, ALL TYPES .............................................................
7,412 
7,412 
MISCELLANEOUS 
026 
AMMO COMPONENTS, ALL TYPES ..............................................
12,726 
12,726 
027 
NON-LETHAL AMMUNITION, ALL TYPES ..................................
6,100 
5,900 
Early to need ................................................................................
[–200 
] 
028 
ITEMS LESS THAN $5 MILLION (AMMO) ...................................
10,006 
9,506 
Early to need ................................................................................
[–500 
] 
029 
AMMUNITION PECULIAR EQUIPMENT ......................................
17,275 
13,575 
Early to need ................................................................................
[–3,700 
] 
030 
FIRST DESTINATION TRANSPORTATION (AMMO) ..................
14,951 
14,951 
PRODUCTION BASE SUPPORT 
032 
INDUSTRIAL FACILITIES ...............................................................
222,269 
242,269 
Program increase .........................................................................
[20,000 
] 
033 
CONVENTIONAL MUNITIONS DEMILITARIZATION ................
157,383 
157,383 
034 
ARMS INITIATIVE ............................................................................
3,646 
3,646 
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..
1,513,157 
1,514,803 
OTHER PROCUREMENT, ARMY 
TACTICAL VEHICLES 
001 
TACTICAL TRAILERS/DOLLY SETS ..............................................
3,733 
3,733 
002 
SEMITRAILERS, FLATBED: ............................................................
3,716 
3,716 
003 
HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................
50,000 
HMMWV M997A3 ambulance recapitalization for Active 
Component.
[50,000 
] 
004 
GROUND MOBILITY VEHICLES (GMV) .......................................
4,907 
4,907 
006 
JOINT LIGHT TACTICAL VEHICLE ..............................................
587,514 
587,514 
007 
TRUCK, DUMP, 20T (CCE) ..............................................................
3,927 
3,927 
008 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
53,293 
53,293 
009 
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............
7,460 
7,460 
010 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................
39,564 
39,564 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
011 
PLS ESP ..............................................................................................
11,856 
11,856 
013 
TACTICAL WHEELED VEHICLE PROTECTION KITS ...............
49,751 
49,751 
014 
MODIFICATION OF IN SVC EQUIP ..............................................
64,000 
54,000 
Program reduction .......................................................................
[–10,000 
] 
015 
MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS .......
10,611 
10,611 
NON-TACTICAL VEHICLES 
016 
HEAVY ARMORED SEDAN .............................................................
394 
394 
018 
NONTACTICAL VEHICLES, OTHER .............................................
1,755 
1,755 
COMM—JOINT COMMUNICATIONS 
019 
WIN-T—GROUND FORCES TACTICAL NETWORK ....................
427,598 
427,598 
020 
SIGNAL MODERNIZATION PROGRAM ........................................
58,250 
58,250 
021 
JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ......
5,749 
5,749 
022 
JCSE EQUIPMENT (USREDCOM) ..................................................
5,068 
5,068 
COMM—SATELLITE COMMUNICATIONS 
023 
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .......
143,805 
143,805 
024 
TRANSPORTABLE 
TACTICAL 
COMMAND 
COMMUNICA-
TIONS.
36,580 
36,580 
025 
SHF TERM ..........................................................................................
1,985 
1,985 
027 
SMART-T (SPACE) .............................................................................
9,165 
9,165 
COMM—C3 SYSTEM 
031 
ARMY GLOBAL CMD & CONTROL SYS (AGCCS) .......................
2,530 
2,530 
COMM—COMBAT COMMUNICATIONS 
033 
HANDHELD MANPACK SMALL FORM FIT (HMS) ....................
273,645 
273,645 
034 
MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...........
25,017 
25,017 
035 
RADIO TERMINAL SET, MIDS LVT(2) ..........................................
12,326 
12,326 
037 
TRACTOR DESK ................................................................................
2,034 
2,034 
038 
TRACTOR RIDE .................................................................................
2,334 
2,334 
039 
SPIDER APLA REMOTE CONTROL UNIT ....................................
1,985 
1,985 
040 
SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............
10,796 
10,796 
042 
TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM
3,607 
3,607 
043 
UNIFIED COMMAND SUITE ..........................................................
14,295 
14,295 
045 
FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .....
19,893 
19,893 
COMM—INTELLIGENCE COMM 
047 
CI AUTOMATION ARCHITECTURE ..............................................
1,388 
1,388 
048 
ARMY CA/MISO GPF EQUIPMENT ................................................
5,494 
5,494 
INFORMATION SECURITY 
049 
FAMILY OF BIOMETRICS ...............................................................
2,978 
2,978 
051 
COMMUNICATIONS SECURITY (COMSEC) ................................
131,356 
131,356 
052 
DEFENSIVE CYBER OPERATIONS ...............................................
15,132 
15,132 
COMM—LONG HAUL COMMUNICATIONS 
053 
BASE SUPPORT COMMUNICATIONS ...........................................
27,452 
27,452 
COMM—BASE COMMUNICATIONS 
054 
INFORMATION SYSTEMS ...............................................................
122,055 
122,055 
055 
EMERGENCY MANAGEMENT MODERNIZATION PROGRAM
4,286 
4,286 
056 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...
131,794 
131,794 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
059 
JTT/CIBS-M ........................................................................................
5,337 
5,337 
062 
DCGS-A (MIP) ....................................................................................
242,514 
217,814 
Program reduction .......................................................................
[–24,700 
] 
063 
JOINT TACTICAL GROUND STATION (JTAGS) ..........................
4,417 
4,417 
064 
TROJAN (MIP) ...................................................................................
17,455 
17,455 
065 
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................
44,965 
44,965 
066 
CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................
7,658 
7,658 
067 
CLOSE ACCESS TARGET RECONNAISSANCE (CATR) .............
7,970 
7,970 
068 
MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M 
545 
545 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
070 
LIGHTWEIGHT COUNTER MORTAR RADAR ..............................
74,038 
68,453 
Unit cost growth ..........................................................................
[–5,585 
] 
071 
EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................
3,235 
3,235 
072 
AIR VIGILANCE (AV) .......................................................................
733 
733 
074 
FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ......
1,740 
1,740 
075 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 
455 
455 
076 
CI MODERNIZATION .......................................................................
176 
176 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
077 
SENTINEL MODS .............................................................................
40,171 
40,171 
078 
NIGHT VISION DEVICES ................................................................
163,029 
163,029 
079 
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF .............
15,885 
15,885 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
080 
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS .............
48,427 
48,427 
081 
FAMILY OF WEAPON SIGHTS (FWS) ...........................................
55,536 
55,536 
082 
ARTILLERY ACCURACY EQUIP ....................................................
4,187 
4,187 
085 
JOINT BATTLE COMMAND—PLATFORM (JBC-P) .....................
137,501 
137,501 
086 
JOINT EFFECTS TARGETING SYSTEM (JETS) ..........................
50,726 
50,726 
087 
MOD OF IN-SVC EQUIP (LLDR) .....................................................
28,058 
28,058 
088 
COMPUTER BALLISTICS: LHMBC XM32 .....................................
5,924 
5,924 
089 
MORTAR FIRE CONTROL SYSTEM ..............................................
22,331 
22,331 
090 
COUNTERFIRE RADARS .................................................................
314,509 
281,509 
Unit cost savings .........................................................................
[–33,000 
] 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
091 
FIRE SUPPORT C2 FAMILY ............................................................
8,660 
8,660 
092 
AIR & MSL DEFENSE PLANNING & CONTROL SYS ................
54,376 
54,376 
093 
IAMD BATTLE COMMAND SYSTEM .............................................
204,969 
204,969 
094 
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................
4,718 
4,718 
095 
NETWORK MANAGEMENT INITIALIZATION AND SERVICE
11,063 
11,063 
096 
MANEUVER CONTROL SYSTEM (MCS) .......................................
151,318 
151,318 
097 
GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ...........
155,660 
155,660 
098 
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ....
4,214 
4,214 
099 
RECONNAISSANCE AND SURVEYING INSTRUMENT SET .....
16,185 
16,185 
100 
MOD OF IN-SVC EQUIPMENT (ENFIRE) .....................................
1,565 
1,565 
ELECT EQUIP—AUTOMATION 
101 
ARMY TRAINING MODERNIZATION ............................................
17,693 
17,693 
102 
AUTOMATED DATA PROCESSING EQUIP ..................................
107,960 
107,960 
103 
GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ....
6,416 
6,416 
104 
HIGH PERF COMPUTING MOD PGM (HPCMP) ..........................
58,614 
58,614 
105 
CONTRACT WRITING SYSTEM ......................................................
986 
986 
106 
RESERVE COMPONENT AUTOMATION SYS (RCAS) ................
23,828 
23,828 
ELECT EQUIP—AUDIO VISUAL SYS (A/V) 
107 
TACTICAL DIGITAL MEDIA ...........................................................
1,191 
1,191 
108 
ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...............
1,995 
1,995 
ELECT EQUIP—SUPPORT 
109 
PRODUCTION BASE SUPPORT (C-E) ............................................
403 
403 
CLASSIFIED PROGRAMS 
110A 
CLASSIFIED PROGRAMS ................................................................
4,436 
4,436 
CHEMICAL DEFENSIVE EQUIPMENT 
111 
PROTECTIVE SYSTEMS ..................................................................
2,966 
2,966 
112 
FAMILY OF NON-LETHAL EQUIPMENT (FNLE) .......................
9,795 
9,795 
114 
CBRN DEFENSE ...............................................................................
17,922 
17,922 
BRIDGING EQUIPMENT 
115 
TACTICAL BRIDGING ......................................................................
13,553 
13,553 
116 
TACTICAL BRIDGE, FLOAT-RIBBON ...........................................
25,244 
25,244 
117 
BRIDGE SUPPLEMENTAL SET ......................................................
983 
983 
118 
COMMON BRIDGE TRANSPORTER (CBT) RECAP .....................
25,176 
25,176 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
119 
GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ..........
39,350 
39,350 
120 
AREA MINE DETECTION SYSTEM (AMDS) ................................
10,500 
10,500 
121 
HUSKY MOUNTED DETECTION SYSTEM (HMDS) ...................
274 
274 
122 
ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ..........................
2,951 
2,951 
123 
EOD ROBOTICS SYSTEMS RECAPITALIZATION .......................
1,949 
1,949 
124 
ROBOTICS AND APPLIQUE SYSTEMS .........................................
5,203 
5,203 
125 
EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ...
5,570 
5,570 
126 
REMOTE DEMOLITION SYSTEMS ................................................
6,238 
6,238 
127 
< $5M, COUNTERMINE EQUIPMENT ...........................................
836 
836 
128 
FAMILY OF BOATS AND MOTORS ...............................................
3,171 
3,171 
COMBAT SERVICE SUPPORT EQUIPMENT 
129 
HEATERS AND ECU’S ......................................................................
18,707 
18,707 
130 
SOLDIER ENHANCEMENT .............................................................
2,112 
2,112 
131 
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...............
10,856 
10,856 
132 
GROUND SOLDIER SYSTEM ..........................................................
32,419 
32,419 
133 
MOBILE SOLDIER POWER .............................................................
30,014 
30,014 
135 
FIELD FEEDING EQUIPMENT ......................................................
12,544 
12,544 
136 
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
18,509 
18,509 
137 
FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ......
29,384 
29,384 
PETROLEUM EQUIPMENT 
139 
QUALITY SURVEILLANCE EQUIPMENT ....................................
4,487 
4,487 
140 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
42,656 
35,656 
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130 STAT. 2811 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
Program decrease ........................................................................
[–7,000 
] 
MEDICAL EQUIPMENT 
141 
COMBAT SUPPORT MEDICAL .......................................................
59,761 
59,761 
MAINTENANCE EQUIPMENT 
142 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
35,694 
32,194 
Program reduction .......................................................................
[–3,500 
] 
143 
ITEMS LESS THAN $5.0M (MAINT EQ) ........................................
2,716 
2,716 
CONSTRUCTION EQUIPMENT 
144 
GRADER, ROAD MTZD, HVY, 6X4 (CCE) ......................................
1,742 
1,742 
145 
SCRAPERS, EARTHMOVING ..........................................................
26,233 
26,233 
147 
HYDRAULIC EXCAVATOR ..............................................................
1,123 
1,123 
149 
ALL TERRAIN CRANES ...................................................................
65,285 
65,285 
151 
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ..................
1,743 
1,743 
152 
ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP .........
2,779 
2,779 
154 
CONST EQUIP ESP ...........................................................................
26,712 
22,212 
Program reduction .......................................................................
[–4,500 
] 
155 
ITEMS LESS THAN $5.0M (CONST EQUIP) .................................
6,649 
6,649 
RAIL FLOAT CONTAINERIZATION EQUIPMENT 
156 
ARMY WATERCRAFT ESP ..............................................................
21,860 
21,860 
157 
ITEMS LESS THAN $5.0M (FLOAT/RAIL) .....................................
1,967 
1,967 
GENERATORS 
158 
GENERATORS AND ASSOCIATED EQUIP ...................................
113,266 
113,266 
159 
TACTICAL ELECTRIC POWER RECAPITALIZATION ................
7,867 
7,867 
MATERIAL HANDLING EQUIPMENT 
160 
FAMILY OF FORKLIFTS ..................................................................
2,307 
2,307 
TRAINING EQUIPMENT 
161 
COMBAT TRAINING CENTERS SUPPORT ...................................
75,359 
75,359 
162 
TRAINING DEVICES, NONSYSTEM ..............................................
253,050 
253,050 
163 
CLOSE COMBAT TACTICAL TRAINER .........................................
48,271 
48,271 
164 
AVIATION COMBINED ARMS TACTICAL TRAINER ..................
40,000 
40,000 
165 
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ..
11,543 
11,543 
TEST MEASURE AND DIG EQUIPMENT (TMD) 
166 
CALIBRATION SETS EQUIPMENT ................................................
4,963 
4,963 
167 
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ..............
29,781 
29,781 
168 
TEST EQUIPMENT MODERNIZATION (TEMOD) .......................
6,342 
6,342 
OTHER SUPPORT EQUIPMENT 
169 
M25 STABILIZED BINOCULAR ......................................................
3,149 
3,149 
170 
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT .............
18,003 
18,003 
171 
PHYSICAL SECURITY SYSTEMS (OPA3) .....................................
44,082 
44,082 
172 
BASE LEVEL COMMON EQUIPMENT ..........................................
2,168 
2,168 
173 
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ....................
67,367 
67,367 
174 
PRODUCTION BASE SUPPORT (OTH) ..........................................
1,528 
1,528 
175 
SPECIAL EQUIPMENT FOR USER TESTING ..............................
8,289 
8,289 
177 
TRACTOR YARD ................................................................................
6,888 
6,888 
OPA2 
179 
INITIAL SPARES—C&E ...................................................................
27,243 
27,243 
TOTAL OTHER PROCUREMENT, ARMY ......................
5,873,949 
5,835,664 
AIRCRAFT PROCUREMENT, NAVY 
COMBAT AIRCRAFT 
003 
JOINT STRIKE FIGHTER CV ..........................................................
890,650 
890,650 
004 
ADVANCE PROCUREMENT (CY) ...............................................
80,908 
80,908 
005 
JSF STOVL .........................................................................................
2,037,768 
2,037,768 
006 
ADVANCE PROCUREMENT (CY) ...............................................
233,648 
233,648 
007 
CH–53K (HEAVY LIFT) ....................................................................
348,615 
348,615 
008 
ADVANCE PROCUREMENT (CY) ...............................................
88,365 
88,365 
009 
V–22 (MEDIUM LIFT) .......................................................................
1,264,134 
1,249,134 
Support cost growth ....................................................................
[–15,000 
] 
010 
ADVANCE PROCUREMENT (CY) ...............................................
19,674 
19,674 
011 
H–1 UPGRADES (UH–1Y/AH–1Z) ...................................................
759,778 
756,586 
Airframe unit cost growth ..........................................................
[–3,192 
] 
012 
ADVANCE PROCUREMENT (CY) ...............................................
57,232 
57,232 
014 
MH–60R (MYP) ...................................................................................
61,177 
53,177 
Line shutdown costs—early to need ..........................................
[–8,000 
] 
016 
P–8A POSEIDON ...............................................................................
1,940,238 
1,863,238 
Airfrane unit cost growth ...........................................................
[–77,000 
] 
017 
ADVANCE PROCUREMENT (CY) ...............................................
123,140 
123,140 
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130 STAT. 2812 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
018 
E–2D ADV HAWKEYE ......................................................................
916,483 
916,483 
019 
ADVANCE PROCUREMENT (CY) ...............................................
125,042 
125,042 
TRAINER AIRCRAFT 
020 
JPATS ..................................................................................................
5,849 
5,849 
OTHER AIRCRAFT 
021 
KC–130J ..............................................................................................
128,870 
128,870 
022 
ADVANCE PROCUREMENT (CY) ...............................................
24,848 
24,848 
023 
MQ–4 TRITON ....................................................................................
409,005 
396,125 
Unit cost savings .........................................................................
[–12,880 
] 
024 
ADVANCE PROCUREMENT (CY) ...............................................
55,652 
55,652 
025 
MQ–8 UAV ..........................................................................................
72,435 
72,435 
MODIFICATION OF AIRCRAFT 
029 
AEA SYSTEMS ...................................................................................
51,900 
51,900 
030 
AV–8 SERIES .....................................................................................
60,818 
60,818 
031 
ADVERSARY ......................................................................................
5,191 
5,191 
032 
F–18 SERIES ......................................................................................
1,023,492 
986,192 
Unobligated balances ..................................................................
[–37,300 
] 
034 
H–53 SERIES ......................................................................................
46,095 
46,095 
035 
SH–60 SERIES ...................................................................................
108,328 
108,328 
036 
H–1 SERIES ........................................................................................
46,333 
46,333 
037 
EP–3 SERIES ......................................................................................
14,681 
14,681 
038 
P–3 SERIES ........................................................................................
2,781 
2,781 
039 
E–2 SERIES ........................................................................................
32,949 
32,949 
040 
TRAINER A/C SERIES ......................................................................
13,199 
13,199 
041 
C–2A ....................................................................................................
19,066 
19,066 
042 
C–130 SERIES ....................................................................................
61,788 
59,788 
Training equipment unjustified growth (OSIP 022–07) ...........
[–2,000 
] 
043 
FEWSG ................................................................................................
618 
618 
044 
CARGO/TRANSPORT A/C SERIES ..................................................
9,822 
9,822 
045 
E–6 SERIES ........................................................................................
222,077 
222,077 
046 
EXECUTIVE HELICOPTERS SERIES ............................................
66,835 
66,835 
047 
SPECIAL PROJECT AIRCRAFT ......................................................
16,497 
16,497 
048 
T–45 SERIES ......................................................................................
114,887 
114,887 
049 
POWER PLANT CHANGES ..............................................................
16,893 
14,893 
Excess support growth ................................................................
[–2,000 
] 
050 
JPATS SERIES ...................................................................................
17,401 
17,401 
051 
COMMON ECM EQUIPMENT .........................................................
143,773 
143,773 
052 
COMMON AVIONICS CHANGES ....................................................
164,839 
164,839 
053 
COMMON DEFENSIVE WEAPON SYSTEM .................................
4,403 
4,403 
054 
ID SYSTEMS ......................................................................................
45,768 
45,768 
055 
P–8 SERIES ........................................................................................
18,836 
18,836 
056 
MAGTF EW FOR AVIATION ............................................................
5,676 
5,676 
057 
MQ–8 SERIES ....................................................................................
19,003 
19,003 
058 
RQ–7 SERIES .....................................................................................
3,534 
3,534 
059 
V–22 (TILT/ROTOR ACFT) OSPREY ...............................................
141,545 
141,545 
060 
F–35 STOVL SERIES ........................................................................
34,928 
34,928 
061 
F–35 CV SERIES ................................................................................
26,004 
26,004 
062 
QRC .....................................................................................................
5,476 
5,476 
AIRCRAFT SPARES AND REPAIR PARTS 
063 
SPARES AND REPAIR PARTS ........................................................
1,407,626 
1,407,626 
AIRCRAFT SUPPORT EQUIP & FACILITIES 
064 
COMMON GROUND EQUIPMENT .................................................
390,103 
390,103 
065 
AIRCRAFT INDUSTRIAL FACILITIES ..........................................
23,194 
23,194 
066 
WAR CONSUMABLES ......................................................................
40,613 
40,613 
067 
OTHER PRODUCTION CHARGES ..................................................
860 
860 
068 
SPECIAL SUPPORT EQUIPMENT .................................................
36,282 
36,282 
069 
FIRST DESTINATION TRANSPORTATION ..................................
1,523 
1,523 
TOTAL AIRCRAFT PROCUREMENT, NAVY .................
14,109,148 
13,951,776 
WEAPONS PROCUREMENT, NAVY 
MODIFICATION OF MISSILES 
001 
TRIDENT II MODS ............................................................................
1,103,086 
1,103,086 
SUPPORT EQUIPMENT & FACILITIES 
002 
MISSILE INDUSTRIAL FACILITIES ..............................................
6,776 
6,776 
STRATEGIC MISSILES 
003 
TOMAHAWK ......................................................................................
186,905 
179,905 
Tomahawk unit cost growth .......................................................
[–7,000 
] 
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130 STAT. 2813 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TACTICAL MISSILES 
004 
AMRAAM ............................................................................................
204,697 
197,447 
Unit cost growth ..........................................................................
[–7,250 
] 
005 
SIDEWINDER ....................................................................................
70,912 
70,912 
006 
JSOW ...................................................................................................
2,232 
2,232 
007 
STANDARD MISSILE .......................................................................
501,212 
497,968 
Diminishing manufacturing sources excess growth .................
[–3,244 
] 
008 
RAM .....................................................................................................
71,557 
71,557 
009 
JOINT AIR GROUND MISSILE (JAGM) .........................................
26,200 
21,922 
Unit cost savings .........................................................................
[–4,278 
] 
012 
STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........
3,316 
3,316 
013 
AERIAL TARGETS ............................................................................
137,484 
137,484 
014 
OTHER MISSILE SUPPORT ............................................................
3,248 
3,248 
015 
LRASM ................................................................................................
29,643 
29,643 
MODIFICATION OF MISSILES 
016 
ESSM ...................................................................................................
52,935 
52,935 
018 
HARM MODS .....................................................................................
178,213 
178,213 
019 
STANDARD MISSILES MODS .........................................................
8,164 
8,164 
SUPPORT EQUIPMENT & FACILITIES 
020 
WEAPONS INDUSTRIAL FACILITIES ..........................................
1,964 
1,964 
021 
FLEET SATELLITE COMM FOLLOW-ON .....................................
36,723 
36,723 
ORDNANCE SUPPORT EQUIPMENT 
022 
ORDNANCE SUPPORT EQUIPMENT ............................................
59,096 
59,096 
TORPEDOES AND RELATED EQUIP 
023 
SSTD ....................................................................................................
5,910 
5,910 
024 
MK–48 TORPEDO ..............................................................................
44,537 
44,537 
025 
ASW TARGETS ..................................................................................
9,302 
9,302 
MOD OF TORPEDOES AND RELATED EQUIP 
026 
MK–54 TORPEDO MODS .................................................................
98,092 
98,092 
027 
MK–48 TORPEDO ADCAP MODS ...................................................
46,139 
46,139 
028 
QUICKSTRIKE MINE .......................................................................
1,236 
1,236 
SUPPORT EQUIPMENT 
029 
TORPEDO SUPPORT EQUIPMENT ...............................................
60,061 
60,061 
030 
ASW RANGE SUPPORT ...................................................................
3,706 
3,706 
DESTINATION TRANSPORTATION 
031 
FIRST DESTINATION TRANSPORTATION ..................................
3,804 
3,804 
GUNS AND GUN MOUNTS 
032 
SMALL ARMS AND WEAPONS .......................................................
18,002 
18,002 
MODIFICATION OF GUNS AND GUN MOUNTS 
033 
CIWS MODS .......................................................................................
50,900 
50,900 
034 
COAST GUARD WEAPONS ..............................................................
25,295 
25,295 
035 
GUN MOUNT MODS .........................................................................
77,003 
77,003 
036 
LCS MODULE WEAPONS ................................................................
2,776 
2,776 
038 
AIRBORNE MINE NEUTRALIZATION SYSTEMS .......................
15,753 
15,753 
SPARES AND REPAIR PARTS 
040 
SPARES AND REPAIR PARTS ........................................................
62,383 
62,383 
TOTAL WEAPONS PROCUREMENT, NAVY .................
3,209,262 
3,187,490 
PROCUREMENT OF AMMO, NAVY & MC 
NAVY AMMUNITION 
001 
GENERAL PURPOSE BOMBS .........................................................
91,659 
91,659 
002 
AIRBORNE ROCKETS, ALL TYPES ...............................................
65,759 
65,759 
003 
MACHINE GUN AMMUNITION ......................................................
8,152 
8,152 
004 
PRACTICE BOMBS ...........................................................................
41,873 
41,873 
005 
CARTRIDGES & CART ACTUATED DEVICES .............................
54,002 
54,002 
006 
AIR EXPENDABLE COUNTERMEASURES ..................................
57,034 
57,034 
007 
JATOS .................................................................................................
2,735 
2,735 
009 
5 INCH/54 GUN AMMUNITION ......................................................
19,220 
19,220 
010 
INTERMEDIATE CALIBER GUN AMMUNITION ........................
30,196 
30,196 
011 
OTHER SHIP GUN AMMUNITION ................................................
39,009 
39,009 
012 
SMALL ARMS & LANDING PARTY AMMO ..................................
46,727 
46,727 
013 
PYROTECHNIC AND DEMOLITION ..............................................
9,806 
9,806 
014 
AMMUNITION LESS THAN $5 MILLION .....................................
2,900 
2,900 
MARINE CORPS AMMUNITION 
015 
SMALL ARMS AMMUNITION .........................................................
27,958 
27,958 
017 
40 MM, ALL TYPES ...........................................................................
14,758 
14,758 
018 
60MM, ALL TYPES ............................................................................
992 
992 
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130 STAT. 2814 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
020 
120MM, ALL TYPES ..........................................................................
16,757 
12,157 
120mm early to need ...................................................................
[–4,600 
] 
021 
GRENADES, ALL TYPES .................................................................
972 
972 
022 
ROCKETS, ALL TYPES ....................................................................
14,186 
14,186 
023 
ARTILLERY, ALL TYPES .................................................................
68,656 
68,656 
024 
DEMOLITION MUNITIONS, ALL TYPES ......................................
1,700 
1,700 
025 
FUZE, ALL TYPES ............................................................................
26,088 
26,088 
027 
AMMO MODERNIZATION ...............................................................
14,660 
14,660 
028 
ITEMS LESS THAN $5 MILLION ...................................................
8,569 
6,069 
Early to need ................................................................................
[–2,500 
] 
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......
664,368 
657,268 
SHIPBUILDING AND CONVERSION, NAVY 
FLEET BALLISTIC MISSILE SHIPS 
001 
OHIO REPLACEMENT SUBMARINE ADVANCE PROCURE-
MENT.
773,138 
773,138 
OTHER WARSHIPS 
002 
CARRIER REPLACEMENT PROGRAM ..........................................
1,291,783 
1,291,783 
003 
ADVANCE PROCUREMENT (CY) ...............................................
1,370,784 
1,370,784 
004 
VIRGINIA CLASS SUBMARINE ......................................................
3,187,985 
3,187,985 
005 
ADVANCE PROCUREMENT (CY) ...............................................
1,767,234 
1,852,234 
Long-lead Time Materiel Orders for Virginia Class .................
[85,000 
] 
006 
CVN REFUELING OVERHAULS ....................................................
1,743,220 
1,743,220 
007 
ADVANCE PROCUREMENT (CY) ...............................................
248,599 
248,599 
008 
DDG 1000 ............................................................................................
271,756 
271,756 
009 
DDG–51 ...............................................................................................
3,211,292 
3,261,092 
Fund additional FY16 destroyer ................................................
[49,800 
] 
011 
LITTORAL COMBAT SHIP ...............................................................
1,125,625 
1,097,625 
Unjustified growth .......................................................................
[–28,000 
] 
AMPHIBIOUS SHIPS 
012A 
AMPHIBIOUS SHIP REPLACEMENT LX(R) .................................
440,000 
Procurement of LPD–29 or LX (R) .............................................
[440,000 
] 
016 
LHA REPLACEMENT .......................................................................
1,623,024 
1,623,024 
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 
020 
ADVANCE PROCUREMENT (CY) ...............................................
73,079 
73,079 
022 
MOORED TRAINING SHIP ..............................................................
624,527 
624,527 
025 
OUTFITTING ......................................................................................
666,158 
645,054 
Outfitting and post delivery funds early to need ......................
[–21,104 
] 
026 
SHIP TO SHORE CONNECTOR ......................................................
128,067 
128,067 
027 
SERVICE CRAFT ...............................................................................
65,192 
65,192 
028 
LCAC SLEP ........................................................................................
1,774 
1,774 
029 
YP CRAFT MAINTENANCE/ROH/SLEP ........................................
21,363 
21,363 
030 
COMPLETION OF PY SHIPBUILDING PROGRAMS ...................
160,274 
160,274 
TOTAL SHIPBUILDING AND CONVERSION, NAVY ..
18,354,874 
18,880,570 
OTHER PROCUREMENT, NAVY 
SHIP PROPULSION EQUIPMENT 
003 
SURFACE POWER EQUIPMENT ....................................................
15,514 
15,514 
004 
HYBRID ELECTRIC DRIVE (HED) .................................................
40,132 
39,282 
Installation early to need ............................................................
[–850 
] 
GENERATORS 
005 
SURFACE COMBATANT HM&E .....................................................
29,974 
29,974 
NAVIGATION EQUIPMENT 
006 
OTHER NAVIGATION EQUIPMENT ..............................................
63,942 
63,942 
OTHER SHIPBOARD EQUIPMENT 
008 
SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG .............
136,421 
136,421 
009 
DDG MOD ...........................................................................................
367,766 
367,766 
010 
FIREFIGHTING EQUIPMENT ........................................................
14,743 
14,743 
011 
COMMAND AND CONTROL SWITCHBOARD ..............................
2,140 
2,140 
012 
LHA/LHD MIDLIFE ...........................................................................
24,939 
24,939 
014 
POLLUTION CONTROL EQUIPMENT ...........................................
20,191 
19,342 
HF062 lightering systems unit cost growth ..............................
[–849 
] 
015 
SUBMARINE SUPPORT EQUIPMENT ..........................................
8,995 
8,995 
016 
VIRGINIA CLASS SUPPORT EQUIPMENT ...................................
66,838 
66,838 
017 
LCS CLASS SUPPORT EQUIPMENT .............................................
54,823 
54,823 
018 
SUBMARINE BATTERIES ...............................................................
23,359 
23,359 
019 
LPD CLASS SUPPORT EQUIPMENT .............................................
40,321 
40,321 
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130 STAT. 2815 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
020 
DDG 1000 CLASS SUPPORT EQUIPMENT ...................................
33,404 
33,404 
021 
STRATEGIC PLATFORM SUPPORT EQUIP .................................
15,836 
15,836 
022 
DSSP EQUIPMENT ...........................................................................
806 
806 
024 
LCAC ...................................................................................................
3,090 
3,090 
025 
UNDERWATER EOD PROGRAMS ..................................................
24,350 
24,350 
026 
ITEMS LESS THAN $5 MILLION ...................................................
88,719 
86,899 
LSD boat davit kit cost growth ..................................................
[–993 
] 
Propellers and shafts unit cost growth ......................................
[–827 
] 
027 
CHEMICAL WARFARE DETECTORS ............................................
2,873 
2,873 
028 
SUBMARINE LIFE SUPPORT SYSTEM ........................................
6,043 
6,043 
REACTOR PLANT EQUIPMENT 
030 
REACTOR COMPONENTS ...............................................................
342,158 
342,158 
OCEAN ENGINEERING 
031 
DIVING AND SALVAGE EQUIPMENT ..........................................
8,973 
8,973 
SMALL BOATS 
032 
STANDARD BOATS ...........................................................................
43,684 
43,684 
PRODUCTION FACILITIES EQUIPMENT 
034 
OPERATING FORCES IPE ...............................................................
75,421 
75,421 
OTHER SHIP SUPPORT 
035 
NUCLEAR ALTERATIONS ...............................................................
172,718 
172,718 
036 
LCS COMMON MISSION MODULES EQUIPMENT ....................
27,840 
17,840 
RMMV program restructure .......................................................
[–10,000 
] 
037 
LCS MCM MISSION MODULES .....................................................
57,146 
57,146 
038 
LCS ASW MISSION MODULES ......................................................
31,952 
21,952 
Early to need ................................................................................
[–10,000 
] 
039 
LCS SUW MISSION MODULES ......................................................
22,466 
21,064 
MK–46 gun weapon system contract delays .............................
[–1,402 
] 
LOGISTIC SUPPORT 
041 
LSD MIDLIFE ....................................................................................
10,813 
10,813 
SHIP SONARS 
042 
SPQ–9B RADAR .................................................................................
14,363 
14,363 
043 
AN/SQQ–89 SURF ASW COMBAT SYSTEM ..................................
90,029 
90,029 
045 
SSN ACOUSTIC EQUIPMENT ........................................................
248,765 
248,765 
046 
UNDERSEA WARFARE SUPPORT EQUIPMENT ........................
7,163 
7,163 
ASW ELECTRONIC EQUIPMENT 
048 
SUBMARINE ACOUSTIC WARFARE SYSTEM ............................
21,291 
21,291 
049 
SSTD ....................................................................................................
6,893 
6,893 
050 
FIXED SURVEILLANCE SYSTEM ..................................................
145,701 
145,701 
051 
SURTASS ............................................................................................
36,136 
36,136 
ELECTRONIC WARFARE EQUIPMENT 
053 
AN/SLQ–32 ..........................................................................................
274,892 
266,641 
Block 3 excess support ................................................................
[–4,270 
] 
Block 3T excess support ..............................................................
[–1,000 
] 
Block 3T installation prior year carryover ................................
[–2,981 
] 
RECONNAISSANCE EQUIPMENT 
054 
SHIPBOARD IW EXPLOIT ...............................................................
170,733 
170,733 
055 
AUTOMATED IDENTIFICATION SYSTEM (AIS) .........................
958 
958 
OTHER SHIP ELECTRONIC EQUIPMENT 
057 
COOPERATIVE ENGAGEMENT CAPABILITY .............................
22,034 
22,034 
059 
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...
12,336 
12,336 
060 
ATDLS .................................................................................................
30,105 
30,105 
061 
NAVY COMMAND AND CONTROL SYSTEM (NCCS) .................
4,556 
4,556 
062 
MINESWEEPING SYSTEM REPLACEMENT ................................
56,675 
32,198 
Ahead of need ..............................................................................
[–24,477 
] 
063 
SHALLOW WATER MCM .................................................................
8,875 
8,875 
064 
NAVSTAR GPS RECEIVERS (SPACE) ............................................
12,752 
12,752 
065 
AMERICAN FORCES RADIO AND TV SERVICE .........................
4,577 
4,577 
066 
STRATEGIC PLATFORM SUPPORT EQUIP .................................
8,972 
8,972 
AVIATION ELECTRONIC EQUIPMENT 
069 
ASHORE ATC EQUIPMENT ............................................................
75,068 
75,068 
070 
AFLOAT ATC EQUIPMENT .............................................................
33,484 
33,484 
076 
ID SYSTEMS ......................................................................................
22,177 
22,177 
077 
NAVAL MISSION PLANNING SYSTEMS ......................................
14,273 
14,273 
OTHER SHORE ELECTRONIC EQUIPMENT 
080 
TACTICAL/MOBILE C4I SYSTEMS ................................................
27,927 
27,927 
081 
DCGS-N ...............................................................................................
12,676 
12,676 
082 
CANES .................................................................................................
212,030 
212,030 
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130 STAT. 2816 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
083 
RADIAC ...............................................................................................
8,092 
8,092 
084 
CANES-INTELL .................................................................................
36,013 
36,013 
085 
GPETE .................................................................................................
6,428 
6,428 
087 
INTEG COMBAT SYSTEM TEST FACILITY .................................
8,376 
8,376 
088 
EMI CONTROL INSTRUMENTATION ...........................................
3,971 
3,971 
089 
ITEMS LESS THAN $5 MILLION ...................................................
58,721 
58,721 
SHIPBOARD COMMUNICATIONS 
090 
SHIPBOARD TACTICAL COMMUNICATIONS .............................
17,366 
17,366 
091 
SHIP COMMUNICATIONS AUTOMATION ...................................
102,479 
102,479 
092 
COMMUNICATIONS ITEMS UNDER $5M ....................................
10,403 
10,403 
SUBMARINE COMMUNICATIONS 
093 
SUBMARINE BROADCAST SUPPORT ...........................................
34,151 
34,151 
094 
SUBMARINE COMMUNICATION EQUIPMENT ..........................
64,529 
64,529 
SATELLITE COMMUNICATIONS 
095 
SATELLITE COMMUNICATIONS SYSTEMS ................................
14,414 
14,414 
096 
NAVY MULTIBAND TERMINAL (NMT) ........................................
38,365 
38,365 
SHORE COMMUNICATIONS 
097 
JCS COMMUNICATIONS EQUIPMENT ........................................
4,156 
4,156 
CRYPTOGRAPHIC EQUIPMENT 
099 
INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................
85,694 
85,694 
100 
MIO INTEL EXPLOITATION TEAM ...............................................
920 
920 
CRYPTOLOGIC EQUIPMENT 
101 
CRYPTOLOGIC COMMUNICATIONS EQUIP ...............................
21,098 
21,098 
OTHER ELECTRONIC SUPPORT 
102 
COAST GUARD EQUIPMENT .........................................................
32,291 
32,291 
SONOBUOYS 
103 
SONOBUOYS—ALL TYPES .............................................................
162,588 
159,541 
Excess unit cost growth ..............................................................
[–3,047 
] 
AIRCRAFT SUPPORT EQUIPMENT 
104 
WEAPONS RANGE SUPPORT EQUIPMENT ................................
58,116 
58,116 
105 
AIRCRAFT SUPPORT EQUIPMENT ...............................................
120,324 
120,324 
106 
METEOROLOGICAL EQUIPMENT .................................................
29,253 
29,253 
107 
DCRS/DPL ...........................................................................................
632 
632 
108 
AIRBORNE MINE COUNTERMEASURES ....................................
29,097 
29,097 
109 
AVIATION SUPPORT EQUIPMENT ...............................................
39,099 
39,099 
SHIP GUN SYSTEM EQUIPMENT 
110 
SHIP GUN SYSTEMS EQUIPMENT ...............................................
6,191 
6,191 
SHIP MISSILE SYSTEMS EQUIPMENT 
111 
SHIP MISSILE SUPPORT EQUIPMENT ........................................
320,446 
310,946 
Program execution .......................................................................
[–9,500 
] 
112 
TOMAHAWK SUPPORT EQUIPMENT ...........................................
71,046 
71,046 
FBM SUPPORT EQUIPMENT 
113 
STRATEGIC MISSILE SYSTEMS EQUIP ......................................
215,138 
215,138 
ASW SUPPORT EQUIPMENT 
114 
SSN COMBAT CONTROL SYSTEMS ..............................................
130,715 
130,715 
115 
ASW SUPPORT EQUIPMENT .........................................................
26,431 
26,431 
OTHER ORDNANCE SUPPORT EQUIPMENT 
116 
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
11,821 
11,821 
117 
ITEMS LESS THAN $5 MILLION ...................................................
6,243 
6,243 
OTHER EXPENDABLE ORDNANCE 
118 
SUBMARINE TRAINING DEVICE MODS .....................................
48,020 
48,020 
120 
SURFACE TRAINING EQUIPMENT ..............................................
97,514 
94,979 
Unjustified growth .......................................................................
[–2,535 
] 
CIVIL ENGINEERING SUPPORT EQUIPMENT 
121 
PASSENGER CARRYING VEHICLES ............................................
8,853 
8,853 
122 
GENERAL PURPOSE TRUCKS .......................................................
4,928 
4,928 
123 
CONSTRUCTION & MAINTENANCE EQUIP ...............................
18,527 
18,527 
124 
FIRE FIGHTING EQUIPMENT .......................................................
13,569 
13,569 
125 
TACTICAL VEHICLES ......................................................................
14,917 
14,917 
126 
AMPHIBIOUS EQUIPMENT ............................................................
7,676 
7,676 
127 
POLLUTION CONTROL EQUIPMENT ...........................................
2,321 
2,321 
128 
ITEMS UNDER $5 MILLION ...........................................................
12,459 
12,459 
129 
PHYSICAL SECURITY VEHICLES .................................................
1,095 
1,095 
SUPPLY SUPPORT EQUIPMENT 
131 
SUPPLY EQUIPMENT ......................................................................
16,023 
16,023 
133 
FIRST DESTINATION TRANSPORTATION ..................................
5,115 
5,115 
134 
SPECIAL PURPOSE SUPPLY SYSTEMS .......................................
295,471 
295,471 
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130 STAT. 2817 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TRAINING DEVICES 
136 
TRAINING AND EDUCATION EQUIPMENT ................................
9,504 
9,504 
COMMAND SUPPORT EQUIPMENT 
137 
COMMAND SUPPORT EQUIPMENT .............................................
37,180 
29,980 
CNIC building control systems unjustified request ..................
[–7,200 
] 
139 
MEDICAL SUPPORT EQUIPMENT ................................................
4,128 
4,128 
141 
NAVAL MIP SUPPORT EQUIPMENT ............................................
1,925 
1,925 
142 
OPERATING FORCES SUPPORT EQUIPMENT ...........................
4,777 
4,777 
143 
C4ISR EQUIPMENT ..........................................................................
9,073 
9,073 
144 
ENVIRONMENTAL SUPPORT EQUIPMENT ................................
21,107 
21,107 
145 
PHYSICAL SECURITY EQUIPMENT .............................................
100,906 
100,906 
146 
ENTERPRISE INFORMATION TECHNOLOGY ............................
67,544 
67,544 
OTHER 
150 
NEXT GENERATION ENTERPRISE SERVICE .............................
98,216 
98,216 
CLASSIFIED PROGRAMS 
150A 
CLASSIFIED PROGRAMS ................................................................
9,915 
9,915 
SPARES AND REPAIR PARTS 
151 
SPARES AND REPAIR PARTS ........................................................
199,660 
199,660 
TOTAL OTHER PROCUREMENT, NAVY .......................
6,338,861 
6,258,930 
PROCUREMENT, MARINE CORPS 
TRACKED COMBAT VEHICLES 
001 
AAV7A1 PIP ........................................................................................
73,785 
71,785 
Production engineering support excess growth .........................
[–2,000 
] 
002 
LAV PIP ..............................................................................................
53,423 
53,423 
ARTILLERY AND OTHER WEAPONS 
003 
EXPEDITIONARY FIRE SUPPORT SYSTEM ................................
3,360 
3,360 
004 
155MM LIGHTWEIGHT TOWED HOWITZER ...............................
3,318 
3,318 
005 
HIGH MOBILITY ARTILLERY ROCKET SYSTEM .......................
33,725 
33,725 
006 
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ....
8,181 
8,181 
OTHER SUPPORT 
007 
MODIFICATION KITS ......................................................................
15,250 
15,250 
GUIDED MISSILES 
009 
GROUND BASED AIR DEFENSE ...................................................
9,170 
9,170 
010 
JAVELIN .............................................................................................
1,009 
1,009 
011 
FOLLOW ON TO SMAW ...................................................................
24,666 
24,666 
012 
ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...............
17,080 
17,080 
COMMAND AND CONTROL SYSTEMS 
015 
COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 
47,312 
47,312 
REPAIR AND TEST EQUIPMENT 
016 
REPAIR AND TEST EQUIPMENT ..................................................
16,469 
16,469 
COMMAND AND CONTROL SYSTEM (NON-TEL) 
019 
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................
7,433 
7,433 
020 
AIR OPERATIONS C2 SYSTEMS ....................................................
15,917 
15,917 
RADAR + EQUIPMENT (NON-TEL) 
021 
RADAR SYSTEMS .............................................................................
17,772 
17,772 
022 
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................
123,758 
123,758 
023 
RQ–21 UAS .........................................................................................
80,217 
80,217 
INTELL/COMM EQUIPMENT (NON-TEL) 
024 
GCSS-MC ............................................................................................
1,089 
1,089 
025 
FIRE SUPPORT SYSTEM .................................................................
13,258 
13,258 
026 
INTELLIGENCE SUPPORT EQUIPMENT .....................................
56,379 
56,379 
029 
RQ–11 UAV .........................................................................................
1,976 
1,976 
031 
DCGS-MC ............................................................................................
1,149 
1,149 
032 
UAS PAYLOADS ................................................................................
2,971 
2,971 
OTHER SUPPORT (NON-TEL) 
034 
NEXT GENERATION ENTERPRISE NETWORK (NGEN) ...........
76,302 
76,302 
035 
COMMON COMPUTER RESOURCES ............................................
41,802 
39,477 
Prior year carryover ....................................................................
[–2,325 
] 
036 
COMMAND POST SYSTEMS ...........................................................
90,924 
90,924 
037 
RADIO SYSTEMS ..............................................................................
43,714 
43,714 
038 
COMM SWITCHING & CONTROL SYSTEMS ...............................
66,383 
66,383 
039 
COMM & ELEC INFRASTRUCTURE SUPPORT ..........................
30,229 
30,229 
CLASSIFIED PROGRAMS 
039A 
CLASSIFIED PROGRAMS ................................................................
2,738 
2,738 
ADMINISTRATIVE VEHICLES 
041 
COMMERCIAL CARGO VEHICLES ................................................
88,312 
88,312 
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130 STAT. 2818 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TACTICAL VEHICLES 
043 
MOTOR TRANSPORT MODIFICATIONS .......................................
13,292 
13,292 
045 
JOINT LIGHT TACTICAL VEHICLE ..............................................
113,230 
113,230 
046 
FAMILY OF TACTICAL TRAILERS ................................................
2,691 
2,691 
ENGINEER AND OTHER EQUIPMENT 
048 
ENVIRONMENTAL CONTROL EQUIP ASSORT ..........................
18 
18 
050 
TACTICAL FUEL SYSTEMS ............................................................
78 
78 
051 
POWER EQUIPMENT ASSORTED .................................................
17,973 
17,973 
052 
AMPHIBIOUS SUPPORT EQUIPMENT .........................................
7,371 
7,371 
053 
EOD SYSTEMS ..................................................................................
14,021 
14,021 
MATERIALS HANDLING EQUIPMENT 
054 
PHYSICAL SECURITY EQUIPMENT .............................................
31,523 
31,523 
GENERAL PROPERTY 
058 
TRAINING DEVICES ........................................................................
33,658 
33,658 
060 
FAMILY OF CONSTRUCTION EQUIPMENT ................................
21,315 
21,315 
061 
FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ........
9,654 
9,654 
OTHER SUPPORT 
062 
ITEMS LESS THAN $5 MILLION ...................................................
6,026 
6,026 
SPARES AND REPAIR PARTS 
064 
SPARES AND REPAIR PARTS ........................................................
22,848 
22,848 
TOTAL PROCUREMENT, MARINE CORPS ..................
1,362,769 
1,358,444 
AIRCRAFT PROCUREMENT, AIR FORCE 
TACTICAL FORCES 
001 
F–35 .....................................................................................................
4,401,894 
4,188,894 
Program efficiencies ....................................................................
[–213,000 
] 
002 
ADVANCE PROCUREMENT (CY) ...............................................
404,500 
404,500 
TACTICAL AIRLIFT 
003 
KC–46A TANKER ..............................................................................
2,884,591 
2,884,591 
OTHER AIRLIFT 
004 
C–130J .................................................................................................
145,655 
145,655 
006 
HC–130J ..............................................................................................
317,576 
317,576 
007 
ADVANCE PROCUREMENT (CY) ...............................................
20,000 
20,000 
008 
MC–130J .............................................................................................
548,358 
548,358 
009 
ADVANCE PROCUREMENT (CY) ...............................................
50,000 
50,000 
HELICOPTERS 
010 
UH–1N REPLACEMENT ..................................................................
18,337 
18,337 
MISSION SUPPORT AIRCRAFT 
012 
CIVIL AIR PATROL A/C ...................................................................
2,637 
2,637 
OTHER AIRCRAFT 
013 
TARGET DRONES .............................................................................
114,656 
114,656 
014 
RQ–4 ....................................................................................................
12,966 
12,966 
015 
MQ–9 ...................................................................................................
122,522 
122,522 
STRATEGIC AIRCRAFT 
016 
B–2A ....................................................................................................
46,729 
46,729 
017 
B–1B ....................................................................................................
116,319 
116,319 
018 
B–52 .....................................................................................................
109,020 
109,020 
TACTICAL AIRCRAFT 
020 
A–10 .....................................................................................................
1,289 
1,289 
021 
F–15 .....................................................................................................
105,685 
105,685 
022 
F–16 .....................................................................................................
97,331 
114,331 
Active missile warning system ...................................................
[12,000 
] 
Anti-jam global positioning system (GPS) upgrade ..................
[5,000 
] 
023 
F–22A ..................................................................................................
163,008 
163,008 
024 
F–35 MODIFICATIONS .....................................................................
175,811 
175,811 
025 
INCREMENT 3.2B .............................................................................
76,410 
76,410 
026 
ADVANCE PROCUREMENT (CY) ...............................................
2,000 
2,000 
AIRLIFT AIRCRAFT 
027 
C–5 .......................................................................................................
24,192 
24,192 
029 
C–17A ..................................................................................................
21,555 
21,555 
030 
C–21 .....................................................................................................
5,439 
5,439 
031 
C–32A ..................................................................................................
35,235 
35,235 
032 
C–37A ..................................................................................................
5,004 
5,004 
TRAINER AIRCRAFT 
033 
GLIDER MODS ..................................................................................
394 
394 
034 
T–6 .......................................................................................................
12,765 
12,765 
035 
T–1 .......................................................................................................
25,073 
17,073 
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130 STAT. 2819 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
Production schedule slip .............................................................
[–8,000 
] 
036 
T–38 .....................................................................................................
45,090 
45,090 
OTHER AIRCRAFT 
037 
U–2 MODS ..........................................................................................
36,074 
36,074 
038 
KC–10A (ATCA) ..................................................................................
4,570 
4,570 
039 
C–12 .....................................................................................................
1,995 
1,995 
040 
VC–25A MOD ......................................................................................
102,670 
102,670 
041 
C–40 .....................................................................................................
13,984 
13,984 
042 
C–130 ...................................................................................................
9,168 
81,668 
8–Bladed Propellers ....................................................................
[16,000 
] 
Electronic Propeller Control Systems ........................................
[13,500 
] 
In-flight Propeller Balancing System Certification ..................
[1,500 
] 
T56 3.5 Engine Upgrade Kits .....................................................
[41,500 
] 
043 
C–130J MODS ....................................................................................
89,424 
89,424 
044 
C–135 ...................................................................................................
64,161 
64,161 
045 
COMPASS CALL MODS ....................................................................
130,257 
59,857 
Compass Call Program Restructure ..........................................
[–70,400 
] 
046 
RC–135 ................................................................................................
211,438 
211,438 
047 
E–3 .......................................................................................................
82,786 
82,786 
048 
E–4 .......................................................................................................
53,348 
53,348 
049 
E–8 .......................................................................................................
6,244 
6,244 
050 
AIRBORNE WARNING AND CONTROL SYSTEM .......................
223,427 
223,427 
051 
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................
4,673 
4,673 
052 
H–1 .......................................................................................................
9,007 
9,007 
054 
H–60 .....................................................................................................
91,357 
91,357 
055 
RQ–4 MODS ........................................................................................
32,045 
32,045 
056 
HC/MC–130 MODIFICATIONS ........................................................
30,767 
30,767 
057 
OTHER AIRCRAFT ............................................................................
33,886 
33,886 
059 
MQ–9 MODS .......................................................................................
141,929 
141,929 
060 
CV–22 MODS ......................................................................................
63,395 
63,395 
AIRCRAFT SPARES AND REPAIR PARTS 
061 
INITIAL SPARES/REPAIR PARTS ..................................................
686,491 
673,291 
Compass Call Program Restructure ..........................................
[–13,200 
] 
COMMON SUPPORT EQUIPMENT 
062 
AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................
121,935 
121,935 
POST PRODUCTION SUPPORT 
063 
B–2A ....................................................................................................
154 
154 
064 
B–2A ....................................................................................................
43,330 
43,330 
065 
B–52 .....................................................................................................
28,125 
28,125 
066 
C–17A ..................................................................................................
23,559 
23,559 
069 
F–15 .....................................................................................................
2,980 
2,980 
070 
F–16 .....................................................................................................
15,155 
39,955 
Additional mission trainers ........................................................
[24,800 
] 
071 
F–22A ..................................................................................................
48,505 
48,505 
074 
RQ–4 POST PRODUCTION CHARGES ..........................................
99 
99 
INDUSTRIAL PREPAREDNESS 
075 
INDUSTRIAL RESPONSIVENESS ..................................................
14,126 
14,126 
WAR CONSUMABLES 
076 
WAR CONSUMABLES ......................................................................
120,036 
120,036 
OTHER PRODUCTION CHARGES 
077 
OTHER PRODUCTION CHARGES ..................................................
1,252,824 
1,252,824 
CLASSIFIED PROGRAMS 
077A 
CLASSIFIED PROGRAMS ................................................................
16,952 
119,952 
Compass Call Program Restructure ..........................................
[103,000 
] 
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....
13,922,917 
13,835,617 
MISSILE PROCUREMENT, AIR FORCE 
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 
001 
MISSILE REPLACEMENT EQ-BALLISTIC ...................................
70,247 
70,247 
TACTICAL 
002 
JOINT AIR-SURFACE STANDOFF MISSILE ................................
431,645 
431,645 
003 
LRASM0 ..............................................................................................
59,511 
59,511 
004 
SIDEWINDER (AIM–9X) ...................................................................
127,438 
127,438 
005 
AMRAAM ............................................................................................
350,144 
339,392 
Pricing adjustment ......................................................................
[–10,752 
] 
006 
PREDATOR HELLFIRE MISSILE ...................................................
33,955 
33,955 
007 
SMALL DIAMETER BOMB ..............................................................
92,361 
92,361 
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130 STAT. 2820 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
INDUSTRIAL FACILITIES 
008 
INDUSTR’L PREPAREDNS/POL PREVENTION ...........................
977 
977 
CLASS IV 
009 
ICBM FUZE MOD ..............................................................................
17,095 
17,095 
010 
MM III MODIFICATIONS .................................................................
68,692 
68,692 
011 
AGM–65D MAVERICK ......................................................................
282 
282 
013 
AIR LAUNCH CRUISE MISSILE (ALCM) ......................................
21,762 
21,762 
014 
SMALL DIAMETER BOMB ..............................................................
15,349 
15,349 
MISSILE SPARES AND REPAIR PARTS 
015 
INITIAL SPARES/REPAIR PARTS ..................................................
81,607 
81,607 
SPECIAL PROGRAMS 
030 
SPECIAL UPDATE PROGRAMS ......................................................
46,125 
46,125 
CLASSIFIED PROGRAMS 
030A 
CLASSIFIED PROGRAMS ................................................................
1,009,431 
1,009,431 
TOTAL MISSILE PROCUREMENT, AIR FORCE .........
2,426,621 
2,415,869 
SPACE PROCUREMENT, AIR FORCE 
SPACE PROGRAMS 
001 
ADVANCED EHF ...............................................................................
645,569 
645,569 
002 
AF SATELLITE COMM SYSTEM ....................................................
42,375 
42,375 
003 
COUNTERSPACE SYSTEMS ...........................................................
26,984 
26,984 
004 
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................
88,963 
88,963 
005 
WIDEBAND GAPFILLER SATELLITES(SPACE) ..........................
86,272 
86,272 
006 
GPS III SPACE SEGMENT ...............................................................
34,059 
34,059 
007 
GLOBAL POSTIONING (SPACE) ....................................................
2,169 
2,169 
008 
SPACEBORNE EQUIP (COMSEC) ..................................................
46,708 
46,708 
009 
GLOBAL POSITIONING (SPACE) ...................................................
13,171 
10,271 
Excess to Need .............................................................................
[–2,900 
] 
010 
MILSATCOM ......................................................................................
41,799 
41,799 
011 
EVOLVED EXPENDABLE LAUNCH CAPABILITY ......................
768,586 
742,586 
Early to need ................................................................................
[–26,000 
] 
012 
EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ......................
737,853 
536,853 
Early to need ................................................................................
[–201,000 
] 
013 
SBIR HIGH (SPACE) .........................................................................
362,504 
362,504 
014 
NUDET DETECTION SYSTEM .......................................................
4,395 
4,395 
015 
SPACE MODS .....................................................................................
8,642 
8,642 
016 
SPACELIFT RANGE SYSTEM SPACE ...........................................
123,088 
123,088 
SSPARES 
017 
INITIAL SPARES/REPAIR PARTS ..................................................
22,606 
22,606 
TOTAL SPACE PROCUREMENT, AIR FORCE .............
3,055,743 
2,825,843 
PROCUREMENT OF AMMUNITION, AIR FORCE 
ROCKETS 
001 
ROCKETS ...........................................................................................
18,734 
18,734 
CARTRIDGES 
002 
CARTRIDGES .....................................................................................
220,237 
220,237 
BOMBS 
003 
PRACTICE BOMBS ...........................................................................
97,106 
97,106 
004 
GENERAL PURPOSE BOMBS .........................................................
581,561 
581,561 
005 
MASSIVE ORDNANCE PENETRATOR (MOP) ..............................
3,600 
3,600 
006 
JOINT DIRECT ATTACK MUNITION ............................................
303,988 
297,988 
Pricing adjustment for increased quantity ................................
[–6,000 
] 
OTHER ITEMS 
007 
CAD/PAD .............................................................................................
38,890 
38,890 
008 
EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................
5,714 
5,714 
009 
SPARES AND REPAIR PARTS ........................................................
740 
740 
010 
MODIFICATIONS ..............................................................................
573 
573 
011 
ITEMS LESS THAN $5 MILLION ...................................................
5,156 
5,156 
FLARES 
012 
FLARES ...............................................................................................
134,709 
134,709 
FUZES 
013 
FUZES .................................................................................................
229,252 
229,252 
SMALL ARMS 
014 
SMALL ARMS ....................................................................................
37,459 
37,459 
TOTAL PROCUREMENT OF AMMUNITION, AIR 
FORCE.
1,677,719 
1,671,719 
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130 STAT. 2821 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
OTHER PROCUREMENT, AIR FORCE 
PASSENGER CARRYING VEHICLES 
001 
PASSENGER CARRYING VEHICLES ............................................
14,437 
14,437 
CARGO AND UTILITY VEHICLES 
002 
MEDIUM TACTICAL VEHICLE ......................................................
24,812 
24,812 
003 
CAP VEHICLES .................................................................................
984 
984 
004 
ITEMS LESS THAN $5 MILLION ...................................................
11,191 
11,191 
SPECIAL PURPOSE VEHICLES 
005 
SECURITY AND TACTICAL VEHICLES ........................................
5,361 
5,361 
006 
ITEMS LESS THAN $5 MILLION ...................................................
4,623 
4,623 
FIRE FIGHTING EQUIPMENT 
007 
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................
12,451 
12,451 
MATERIALS HANDLING EQUIPMENT 
008 
ITEMS LESS THAN $5 MILLION ...................................................
18,114 
18,114 
BASE MAINTENANCE SUPPORT 
009 
RUNWAY SNOW REMOV & CLEANING EQUIP .........................
2,310 
2,310 
010 
ITEMS LESS THAN $5 MILLION ...................................................
46,868 
46,868 
COMM SECURITY EQUIPMENT(COMSEC) 
012 
COMSEC EQUIPMENT .....................................................................
72,359 
72,359 
INTELLIGENCE PROGRAMS 
014 
INTELLIGENCE TRAINING EQUIPMENT ...................................
6,982 
6,982 
015 
INTELLIGENCE COMM EQUIPMENT ..........................................
30,504 
30,504 
ELECTRONICS PROGRAMS 
016 
AIR TRAFFIC CONTROL & LANDING SYS ..................................
55,803 
55,803 
017 
NATIONAL AIRSPACE SYSTEM ....................................................
2,673 
2,673 
018 
BATTLE CONTROL SYSTEM—FIXED ...........................................
5,677 
5,677 
019 
THEATER AIR CONTROL SYS IMPROVEMENTS .......................
1,163 
1,163 
020 
WEATHER OBSERVATION FORECAST ........................................
21,667 
21,667 
021 
STRATEGIC COMMAND AND CONTROL .....................................
39,803 
39,803 
022 
CHEYENNE MOUNTAIN COMPLEX .............................................
24,618 
24,618 
023 
MISSION PLANNING SYSTEMS ....................................................
15,868 
15,868 
025 
INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) .....
9,331 
9,331 
SPCL COMM-ELECTRONICS PROJECTS 
026 
GENERAL INFORMATION TECHNOLOGY ..................................
41,779 
41,779 
027 
AF GLOBAL COMMAND & CONTROL SYS ..................................
15,729 
15,729 
028 
MOBILITY COMMAND AND CONTROL .......................................
9,814 
9,814 
029 
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................
99,460 
99,460 
030 
COMBAT TRAINING RANGES ........................................................
34,850 
34,850 
031 
MINIMUM ESSENTIAL EMERGENCY COMM N ........................
198,925 
198,925 
032 
WIDE AREA SURVEILLANCE (WAS) ............................................
6,943 
6,943 
033 
C3 COUNTERMEASURES ................................................................
19,580 
19,580 
034 
GCSS-AF FOS .....................................................................................
1,743 
1,743 
036 
THEATER BATTLE MGT C2 SYSTEM ...........................................
9,659 
9,659 
037 
AIR & SPACE OPERATIONS CTR-WPN SYS ................................
15,474 
15,474 
038 
AIR OPERATIONS CENTER (AOC) 10.2 ........................................
30,623 
15,323 
Fielding .........................................................................................
[–15,300 
] 
AIR FORCE COMMUNICATIONS 
039 
INFORMATION TRANSPORT SYSTEMS .......................................
40,043 
40,043 
040 
AFNET .................................................................................................
146,897 
146,897 
041 
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........
5,182 
5,182 
042 
USCENTCOM .....................................................................................
13,418 
13,418 
ORGANIZATION AND BASE 
052 
TACTICAL C-E EQUIPMENT ..........................................................
109,836 
109,836 
053 
RADIO EQUIPMENT .........................................................................
16,266 
16,266 
054 
CCTV/AUDIOVISUAL EQUIPMENT ...............................................
7,449 
7,449 
055 
BASE COMM INFRASTRUCTURE ..................................................
109,215 
109,215 
MODIFICATIONS 
056 
COMM ELECT MODS .......................................................................
65,700 
65,700 
PERSONAL SAFETY & RESCUE EQUIP 
058 
ITEMS LESS THAN $5 MILLION ...................................................
54,416 
54,416 
DEPOT PLANT+MTRLS HANDLING EQ 
059 
MECHANIZED MATERIAL HANDLING EQUIP ...........................
7,344 
7,344 
BASE SUPPORT EQUIPMENT 
060 
BASE PROCURED EQUIPMENT ....................................................
6,852 
6,852 
063 
MOBILITY EQUIPMENT ..................................................................
8,146 
8,146 
064 
ITEMS LESS THAN $5 MILLION ...................................................
28,427 
28,427 
SPECIAL SUPPORT PROJECTS 
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130 STAT. 2822 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
066 
DARP RC135 .......................................................................................
25,287 
25,287 
067 
DCGS-AF .............................................................................................
169,201 
169,201 
069 
SPECIAL UPDATE PROGRAM ........................................................
576,710 
576,710 
CLASSIFIED PROGRAMS 
070A 
CLASSIFIED PROGRAMS ................................................................
15,119,705 
15,119,705 
SPARES AND REPAIR PARTS 
072 
SPARES AND REPAIR PARTS ........................................................
15,784 
15,784 
TOTAL OTHER PROCUREMENT, AIR FORCE ............
17,438,056 
17,422,756 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT, WHS 
037 
MAJOR EQUIPMENT, OSD .............................................................
29,211 
29,211 
MAJOR EQUIPMENT, NSA 
036 
INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ..........
4,399 
4,399 
MAJOR EQUIPMENT, WHS 
040 
MAJOR EQUIPMENT, WHS ............................................................
24,979 
24,979 
MAJOR EQUIPMENT, DISA 
006 
INFORMATION SYSTEMS SECURITY ..........................................
21,347 
21,347 
007 
TELEPORT PROGRAM .....................................................................
50,597 
50,597 
008 
ITEMS LESS THAN $5 MILLION ...................................................
10,420 
10,420 
009 
NET CENTRIC ENTERPRISE SERVICES (NCES) .......................
1,634 
1,634 
010 
DEFENSE INFORMATION SYSTEM NETWORK .........................
87,235 
87,235 
011 
CYBER SECURITY INITIATIVE .....................................................
4,528 
4,528 
012 
WHITE HOUSE COMMUNICATION AGENCY .............................
36,846 
36,846 
013 
SENIOR LEADERSHIP ENTERPRISE ...........................................
599,391 
599,391 
015 
JOINT REGIONAL SECURITY STACKS (JRSS) ...........................
150,221 
150,221 
MAJOR EQUIPMENT, DLA 
017 
MAJOR EQUIPMENT .......................................................................
2,055 
2,055 
MAJOR EQUIPMENT, DSS 
020 
MAJOR EQUIPMENT .......................................................................
1,057 
1,057 
MAJOR EQUIPMENT, DCAA 
001 
ITEMS LESS THAN $5 MILLION ...................................................
2,964 
2,964 
MAJOR EQUIPMENT, TJS 
038 
MAJOR EQUIPMENT, TJS ...............................................................
7,988 
7,988 
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 
023 
THAAD ................................................................................................
369,608 
369,608 
024 
AEGIS BMD ........................................................................................
463,801 
528,801 
Increasing BMD capability for Aegis Ships ..............................
[65,000 
] 
025 
BMDS AN/TPY–2 RADARS ...............................................................
5,503 
5,503 
026 
ARROW UPPER TIER .......................................................................
120,000 
Increase for Arrow 3 Coproduction subject to Title XVI ..........
[120,000 
] 
027 
DAVID’S SLING .................................................................................
150,000 
Increase for DSWS Coproduction subject to Title XVI .............
[150,000 
] 
028 
AEGIS ASHORE PHASE III .............................................................
57,493 
57,493 
029 
IRON DOME .......................................................................................
42,000 
62,000 
Increase for Coproduction of Iron Dome Tamir Interceptors 
subject to Title XVI.
[20,000 
] 
030 
AEGIS BMD HARDWARE AND SOFTWARE ................................
50,098 
50,098 
MAJOR EQUIPMENT, DHRA 
003 
PERSONNEL ADMINISTRATION ...................................................
14,232 
14,232 
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 
AGENCY 
021 
VEHICLES ..........................................................................................
200 
200 
022 
OTHER MAJOR EQUIPMENT .........................................................
6,437 
6,437 
MAJOR EQUIPMENT, DODEA 
019 
AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .........
288 
288 
MAJOR EQUIPMENT, DCMA 
002 
MAJOR EQUIPMENT .......................................................................
92 
92 
MAJOR EQUIPMENT, DMACT 
018 
MAJOR EQUIPMENT .......................................................................
8,060 
8,060 
CLASSIFIED PROGRAMS 
040A 
CLASSIFIED PROGRAMS ................................................................
568,864 
568,864 
AVIATION PROGRAMS 
042 
ROTARY WING UPGRADES AND SUSTAINMENT .....................
150,396 
150,396 
043 
UNMANNED ISR ...............................................................................
21,190 
21,190 
045 
NON-STANDARD AVIATION ...........................................................
4,905 
4,905 
046 
U–28 .....................................................................................................
3,970 
3,970 
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130 STAT. 2823 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
047 
MH–47 CHINOOK ..............................................................................
25,022 
25,022 
049 
CV–22 MODIFICATION ....................................................................
19,008 
19,008 
051 
MQ–9 UNMANNED AERIAL VEHICLE .........................................
10,598 
10,598 
053 
PRECISION STRIKE PACKAGE .....................................................
213,122 
200,072 
SOCOM requested transfer ........................................................
[–13,050 
] 
054 
AC/MC–130J .......................................................................................
73,548 
86,598 
SOCOM requested transfer ........................................................
[13,050 
] 
055 
C–130 MODIFICATIONS ..................................................................
32,970 
32,970 
SHIPBUILDING 
056 
UNDERWATER SYSTEMS ...............................................................
37,098 
37,098 
AMMUNITION PROGRAMS 
057 
ORDNANCE ITEMS <$5M ................................................................
105,267 
105,267 
OTHER PROCUREMENT PROGRAMS 
058 
INTELLIGENCE SYSTEMS .............................................................
79,963 
79,963 
059 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........
13,432 
13,432 
060 
OTHER ITEMS <$5M ........................................................................
66,436 
66,436 
061 
COMBATANT CRAFT SYSTEMS ....................................................
55,820 
55,820 
062 
SPECIAL PROGRAMS .......................................................................
107,432 
107,432 
063 
TACTICAL VEHICLES ......................................................................
67,849 
67,849 
064 
WARRIOR SYSTEMS <$5M ..............................................................
245,781 
245,781 
065 
COMBAT MISSION REQUIREMENTS ...........................................
19,566 
19,566 
066 
GLOBAL VIDEO SURVEILLANCE ACTIVITIES ..........................
3,437 
3,437 
067 
OPERATIONAL ENHANCEMENTS INTELLIGENCE .................
17,299 
17,299 
069 
OPERATIONAL ENHANCEMENTS ................................................
219,945 
219,945 
CBDP 
070 
CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ...........
148,203 
148,203 
071 
CB PROTECTION & HAZARD MITIGATION ................................
161,113 
161,113 
TOTAL PROCUREMENT, DEFENSE-WIDE ...................
4,524,918 
4,879,918 
JOINT URGENT OPERATIONAL NEEDS FUND 
JOINT URGENT OPERATIONAL NEEDS FUND 
001 
JOINT URGENT OPERATIONAL NEEDS FUND .........................
99,300 
0 
Program decrease ........................................................................
[–99,300 
] 
TOTAL JOINT URGENT OPERATIONAL NEEDS 
FUND.
99,300 
0 
NATIONAL GUARD AND RESERVE EQUIPMENT 
UNDISTRIBUTED 
007 
MISCELLANEOUS EQUIPMENT ....................................................
250,000 
Program increase .........................................................................
[250,000 
] 
TOTAL NATIONAL GUARD AND RESERVE EQUIP-
MENT.
250,000 
TOTAL PROCUREMENT ....................................................
101,971,592 
102,422,660 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-
ATIONS. 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
MODIFICATION OF AIRCRAFT 
015 
MULTI SENSOR ABN RECON (MIP) .............................................
21,400 
21,400 
020 
EMARSS SEMA MODS (MIP) ..........................................................
42,700 
42,700 
026 
RQ–7 UAV MODS ..............................................................................
1,775 
1,775 
027 
UAS MODS .........................................................................................
4,420 
4,420 
GROUND SUPPORT AVIONICS 
030 
CMWS ..................................................................................................
56,115 
56,115 
031 
CIRCM .................................................................................................
108,721 
108,721 
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
235,131 
235,131 
MISSILE PROCUREMENT, ARMY 
AIR-TO-SURFACE MISSILE SYSTEM 
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130 STAT. 2824 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
004 
HELLFIRE SYS SUMMARY .............................................................
305,830 
305,830 
ANTI-TANK/ASSAULT MISSILE SYS 
007 
JAVELIN (AAWS-M) SYSTEM SUMMARY ....................................
15,567 
15,567 
008 
TOW 2 SYSTEM SUMMARY ............................................................
80,652 
80,652 
010 
GUIDED MLRS ROCKET (GMLRS) ................................................
75,991 
75,991 
012 
LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS .....
51,277 
51,277 
TOTAL MISSILE PROCUREMENT, ARMY ....................
529,317 
529,317 
PROCUREMENT OF W&TCV, ARMY 
MODIFICATION OF TRACKED COMBAT VEHICLES 
007 
PALADIN INTEGRATED MANAGEMENT (PIM) ..........................
125,184 
125,184 
009 
ASSAULT BRIDGE (MOD) ...............................................................
5,950 
5,950 
014 
ABRAMS UPGRADE PROGRAM .....................................................
72,000 
Army requested realignment (ERI) ............................................
[172,000 
] 
Realign APS Unit Set Requirements to Base ...........................
[–100,000 
] 
WEAPONS & OTHER COMBAT VEHICLES 
017 
MORTAR SYSTEMS ..........................................................................
22,410 
22,410 
SUPPORT EQUIPMENT & FACILITIES 
036 
BRADLEY PROGRAM .......................................................................
72,800 
Army requested realignment (ERI) ............................................
[72,800 
] 
TOTAL PROCUREMENT OF W&TCV, ARMY ...............
153,544 
298,344 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
002 
CTG, 7.62MM, ALL TYPES ...............................................................
9,642 
9,642 
004 
CTG, .50 CAL, ALL TYPES ...............................................................
6,607 
6,607 
005 
CTG, 20MM, ALL TYPES ..................................................................
1,077 
1,077 
006 
CTG, 25MM, ALL TYPES ..................................................................
28,534 
28,534 
007 
CTG, 30MM, ALL TYPES ..................................................................
20,000 
20,000 
008 
CTG, 40MM, ALL TYPES ..................................................................
7,423 
7,423 
MORTAR AMMUNITION 
009 
60MM MORTAR, ALL TYPES ..........................................................
10,000 
10,000 
010 
81MM MORTAR, ALL TYPES ..........................................................
2,677 
2,677 
TANK AMMUNITION 
012 
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ..........
8,999 
8,999 
ARTILLERY AMMUNITION 
014 
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................
30,348 
30,348 
015 
PROJ 155MM EXTENDED RANGE M982 ......................................
140 
140 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
29,655 
29,655 
MINES 
017 
MINES & CLEARING CHARGES, ALL TYPES .............................
16,866 
16,866 
NETWORKED MUNITIONS 
018 
SPIDER NETWORK MUNITIONS, ALL TYPES ............................
10,353 
10,353 
ROCKETS 
019 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
63,210 
63,210 
020 
ROCKET, HYDRA 70, ALL TYPES ..................................................
42,851 
42,851 
OTHER AMMUNITION 
022 
DEMOLITION MUNITIONS, ALL TYPES ......................................
6,373 
6,373 
023 
GRENADES, ALL TYPES .................................................................
4,143 
4,143 
024 
SIGNALS, ALL TYPES ......................................................................
1,852 
1,852 
MISCELLANEOUS 
027 
NON-LETHAL AMMUNITION, ALL TYPES ..................................
773 
773 
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..
301,523 
301,523 
OTHER PROCUREMENT, ARMY 
TACTICAL VEHICLES 
002 
SEMITRAILERS, FLATBED: ............................................................
4,180 
4,180 
008 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
147,476 
147,476 
010 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................
6,122 
6,122 
011 
PLS ESP ..............................................................................................
106,358 
106,358 
012 
HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........
203,766 
203,766 
013 
TACTICAL WHEELED VEHICLE PROTECTION KITS ...............
101,154 
101,154 
014 
MODIFICATION OF IN SVC EQUIP ..............................................
155,456 
155,456 
COMM—JOINT COMMUNICATIONS 
019 
WIN-T—GROUND FORCES TACTICAL NETWORK ....................
9,572 
9,572 
COMM—SATELLITE COMMUNICATIONS 
025 
SHF TERM ..........................................................................................
24,000 
24,000 
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130 STAT. 2825 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
COMM—INTELLIGENCE COMM 
047 
CI AUTOMATION ARCHITECTURE ..............................................
1,550 
1,550 
INFORMATION SECURITY 
051 
COMMUNICATIONS SECURITY (COMSEC) ................................
1,928 
1,928 
052 
DEFENSIVE CYBER OPERATIONS ...............................................
26,500 
26,500 
COMM—BASE COMMUNICATIONS 
056 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...
20,510 
20,510 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
062 
DCGS-A (MIP) ....................................................................................
33,032 
33,032 
064 
TROJAN (MIP) ...................................................................................
3,305 
3,305 
066 
CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................
7,233 
7,233 
069 
BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............
5,670 
5,670 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
070 
LIGHTWEIGHT COUNTER MORTAR RADAR ..............................
25,892 
25,892 
074 
FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ......
11,610 
11,610 
075 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 
23,890 
23,890 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
080 
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS .............
76,270 
76,270 
089 
MORTAR FIRE CONTROL SYSTEM ..............................................
2,572 
2,572 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
092 
AIR & MSL DEFENSE PLANNING & CONTROL SYS ................
69,958 
69,958 
ELECT EQUIP—AUTOMATION 
102 
AUTOMATED DATA PROCESSING EQUIP ..................................
9,900 
9,900 
ELECT EQUIP—AUDIO VISUAL SYS (A/V) 
108 
ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...............
96 
96 
CHEMICAL DEFENSIVE EQUIPMENT 
114 
CBRN DEFENSE ...............................................................................
1,841 
1,841 
BRIDGING EQUIPMENT 
115 
TACTICAL BRIDGING ......................................................................
26,000 
26,000 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
124 
ROBOTICS AND APPLIQUE SYSTEMS .........................................
268 
268 
128 
FAMILY OF BOATS AND MOTORS ...............................................
280 
280 
COMBAT SERVICE SUPPORT EQUIPMENT 
129 
HEATERS AND ECU’S ......................................................................
894 
894 
134 
FORCE PROVIDER ...........................................................................
53,800 
53,800 
135 
FIELD FEEDING EQUIPMENT ......................................................
2,665 
2,665 
136 
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
2,400 
2,400 
137 
FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ......
9,789 
9,789 
138 
ITEMS LESS THAN $5M (ENG SPT) ..............................................
300 
300 
PETROLEUM EQUIPMENT 
139 
QUALITY SURVEILLANCE EQUIPMENT ....................................
4,800 
4,800 
140 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
78,240 
78,240 
MEDICAL EQUIPMENT 
141 
COMBAT SUPPORT MEDICAL .......................................................
5,763 
5,763 
MAINTENANCE EQUIPMENT 
142 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
1,609 
1,609 
143 
ITEMS LESS THAN $5.0M (MAINT EQ) ........................................
145 
145 
CONSTRUCTION EQUIPMENT 
144 
GRADER, ROAD MTZD, HVY, 6X4 (CCE) ......................................
3,047 
3,047 
148 
TRACTOR, FULL TRACKED ............................................................
4,426 
4,426 
151 
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ..................
2,900 
2,900 
155 
ITEMS LESS THAN $5.0M (CONST EQUIP) .................................
96 
96 
GENERATORS 
158 
GENERATORS AND ASSOCIATED EQUIP ...................................
21,861 
21,861 
MATERIAL HANDLING EQUIPMENT 
160 
FAMILY OF FORKLIFTS ..................................................................
846 
846 
TEST MEASURE AND DIG EQUIPMENT (TMD) 
168 
TEST EQUIPMENT MODERNIZATION (TEMOD) .......................
1,140 
1,140 
OTHER SUPPORT EQUIPMENT 
170 
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT .............
8,500 
8,500 
TOTAL OTHER PROCUREMENT, ARMY ......................
1,309,610 
1,309,610 
JOINT IMPROVISED-THREAT DEFEAT FUND 
NETWORK ATTACK 
001 
RAPID ACQUISITION AND THREAT RESPONSE .......................
332,000 
332,000 
STAFF AND INFRASTRUCTURE 
002 
MISSION ENABLERS .......................................................................
62,800 
62,800 
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130 STAT. 2826 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TOTAL 
JOINT 
IMPROVISED-THREAT 
DEFEAT 
FUND.
394,800 
394,800 
AIRCRAFT PROCUREMENT, NAVY 
COMBAT AIRCRAFT 
002 
F/A–18E/F (FIGHTER) HORNET .....................................................
184,912 
184,912 
OTHER AIRCRAFT 
026 
STUASL0 UAV ...................................................................................
70,000 
70,000 
MODIFICATION OF AIRCRAFT 
037 
EP–3 SERIES ......................................................................................
7,505 
7,505 
047 
SPECIAL PROJECT AIRCRAFT ......................................................
14,869 
14,869 
051 
COMMON ECM EQUIPMENT .........................................................
70,780 
70,780 
059 
V–22 (TILT/ROTOR ACFT) OSPREY ...............................................
8,740 
8,740 
AIRCRAFT SPARES AND REPAIR PARTS 
063 
SPARES AND REPAIR PARTS ........................................................
1,500 
1,500 
AIRCRAFT SUPPORT EQUIP & FACILITIES 
065 
AIRCRAFT INDUSTRIAL FACILITIES ..........................................
524 
524 
TOTAL AIRCRAFT PROCUREMENT, NAVY .................
358,830 
358,830 
WEAPONS PROCUREMENT, NAVY 
TACTICAL MISSILES 
010 
HELLFIRE ..........................................................................................
8,600 
8,600 
TOTAL WEAPONS PROCUREMENT, NAVY .................
8,600 
8,600 
PROCUREMENT OF AMMO, NAVY & MC 
NAVY AMMUNITION 
001 
GENERAL PURPOSE BOMBS .........................................................
40,366 
40,366 
002 
AIRBORNE ROCKETS, ALL TYPES ...............................................
8,860 
8,860 
006 
AIR EXPENDABLE COUNTERMEASURES ..................................
7,060 
7,060 
013 
PYROTECHNIC AND DEMOLITION ..............................................
1,122 
1,122 
014 
AMMUNITION LESS THAN $5 MILLION .....................................
3,495 
3,495 
MARINE CORPS AMMUNITION 
015 
SMALL ARMS AMMUNITION .........................................................
1,205 
1,205 
017 
40 MM, ALL TYPES ...........................................................................
539 
539 
018 
60MM, ALL TYPES ............................................................................
909 
909 
020 
120MM, ALL TYPES ..........................................................................
530 
530 
022 
ROCKETS, ALL TYPES ....................................................................
469 
469 
023 
ARTILLERY, ALL TYPES .................................................................
1,196 
1,196 
024 
DEMOLITION MUNITIONS, ALL TYPES ......................................
261 
261 
025 
FUZE, ALL TYPES ............................................................................
217 
217 
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......
66,229 
66,229 
OTHER PROCUREMENT, NAVY 
OTHER SHORE ELECTRONIC EQUIPMENT 
081 
DCGS-N ...............................................................................................
12,000 
12,000 
OTHER ORDNANCE SUPPORT EQUIPMENT 
116 
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
40,000 
40,000 
CIVIL ENGINEERING SUPPORT EQUIPMENT 
124 
FIRE FIGHTING EQUIPMENT .......................................................
630 
630 
SUPPLY SUPPORT EQUIPMENT 
133 
FIRST DESTINATION TRANSPORTATION ..................................
25 
25 
COMMAND SUPPORT EQUIPMENT 
137 
COMMAND SUPPORT EQUIPMENT .............................................
10,562 
10,562 
139 
MEDICAL SUPPORT EQUIPMENT ................................................
5,000 
5,000 
CLASSIFIED PROGRAMS 
150A 
CLASSIFIED PROGRAMS ................................................................
1,660 
1,660 
TOTAL OTHER PROCUREMENT, NAVY .......................
69,877 
69,877 
PROCUREMENT, MARINE CORPS 
ARTILLERY AND OTHER WEAPONS 
006 
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ....
572 
572 
GUIDED MISSILES 
010 
JAVELIN .............................................................................................
1,606 
1,606 
OTHER SUPPORT (TEL) 
018 
MODIFICATION KITS ......................................................................
2,600 
2,600 
COMMAND AND CONTROL SYSTEM (NON-TEL) 
019 
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................
2,200 
2,200 
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130 STAT. 2827 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
INTELL/COMM EQUIPMENT (NON-TEL) 
026 
INTELLIGENCE SUPPORT EQUIPMENT .....................................
20,981 
20,981 
029 
RQ–11 UAV .........................................................................................
3,817 
3,817 
OTHER SUPPORT (NON-TEL) 
035 
COMMON COMPUTER RESOURCES ............................................
2,600 
2,600 
037 
RADIO SYSTEMS ..............................................................................
9,563 
9,563 
ENGINEER AND OTHER EQUIPMENT 
053 
EOD SYSTEMS ..................................................................................
75,000 
75,000 
TOTAL PROCUREMENT, MARINE CORPS ..................
118,939 
118,939 
AIRCRAFT PROCUREMENT, AIR FORCE 
OTHER AIRLIFT 
004 
C–130J .................................................................................................
73,000 
73,000 
OTHER AIRCRAFT 
015 
MQ–9 ...................................................................................................
273,600 
186,600 
Air Force requested transfer to line 61 for spares ....................
[–87,000 
] 
STRATEGIC AIRCRAFT 
019 
LARGE AIRCRAFT INFRARED COUNTERMEASURES ..............
135,801 
135,801 
TACTICAL AIRCRAFT 
020 
A–10 .....................................................................................................
23,850 
23,850 
OTHER AIRCRAFT 
047 
E–3 .......................................................................................................
6,600 
6,600 
056 
HC/MC–130 MODIFICATIONS ........................................................
13,550 
13,550 
057 
OTHER AIRCRAFT ............................................................................
7,500 
7,500 
059 
MQ–9 MODS .......................................................................................
112,068 
112,068 
AIRCRAFT SPARES AND REPAIR PARTS 
061 
INITIAL SPARES/REPAIR PARTS ..................................................
25,600 
87,000 
Air Force requested transfer from line 15 for spares ...............
[87,000 
] 
Compass Call Program Restructure ..........................................
[–25,600 
] 
OTHER PRODUCTION CHARGES 
077 
OTHER PRODUCTION CHARGES ..................................................
8,400 
8,400 
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....
679,969 
654,369 
MISSILE PROCUREMENT, AIR FORCE 
TACTICAL 
006 
PREDATOR HELLFIRE MISSILE ...................................................
145,125 
145,125 
CLASS IV 
011 
AGM–65D MAVERICK ......................................................................
9,720 
9,720 
TOTAL MISSILE PROCUREMENT, AIR FORCE .........
154,845 
154,845 
PROCUREMENT OF AMMUNITION, AIR FORCE 
CARTRIDGES 
002 
CARTRIDGES .....................................................................................
9,830 
9,830 
BOMBS 
004 
GENERAL PURPOSE BOMBS .........................................................
7,921 
7,921 
006 
JOINT DIRECT ATTACK MUNITION ............................................
140,126 
130,876 
Pricing adjustment ......................................................................
[–9,250 
] 
FLARES 
012 
FLARES ...............................................................................................
6,531 
6,531 
TOTAL PROCUREMENT OF AMMUNITION, AIR 
FORCE.
164,408 
155,158 
OTHER PROCUREMENT, AIR FORCE 
PASSENGER CARRYING VEHICLES 
001 
PASSENGER CARRYING VEHICLES ............................................
2,003 
2,003 
CARGO AND UTILITY VEHICLES 
002 
MEDIUM TACTICAL VEHICLE ......................................................
9,066 
9,066 
004 
ITEMS LESS THAN $5 MILLION ...................................................
12,264 
12,264 
SPECIAL PURPOSE VEHICLES 
006 
ITEMS LESS THAN $5 MILLION ...................................................
16,789 
16,789 
FIRE FIGHTING EQUIPMENT 
007 
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................
48,590 
48,590 
MATERIALS HANDLING EQUIPMENT 
008 
ITEMS LESS THAN $5 MILLION ...................................................
2,366 
2,366 
BASE MAINTENANCE SUPPORT 
009 
RUNWAY SNOW REMOV & CLEANING EQUIP .........................
6,468 
6,468 
010 
ITEMS LESS THAN $5 MILLION ...................................................
9,271 
9,271 
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130 STAT. 2828 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
ELECTRONICS PROGRAMS 
016 
AIR TRAFFIC CONTROL & LANDING SYS ..................................
42,650 
42,650 
SPCL COMM-ELECTRONICS PROJECTS 
029 
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................
7,500 
7,500 
033 
C3 COUNTERMEASURES ................................................................
620 
620 
ORGANIZATION AND BASE 
052 
TACTICAL C-E EQUIPMENT ..........................................................
8,100 
8,100 
MODIFICATIONS 
056 
COMM ELECT MODS .......................................................................
3,800 
3,800 
BASE SUPPORT EQUIPMENT 
061 
ENGINEERING AND EOD EQUIPMENT ......................................
53,900 
53,900 
SPECIAL SUPPORT PROJECTS 
067 
DCGS-AF .............................................................................................
800 
800 
CLASSIFIED PROGRAMS 
070A 
CLASSIFIED PROGRAMS ................................................................
3,609,978 
3,609,978 
TOTAL OTHER PROCUREMENT, AIR FORCE ............
3,834,165 
3,834,165 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT, DISA 
007 
TELEPORT PROGRAM .....................................................................
1,900 
1,900 
CLASSIFIED PROGRAMS 
040A 
CLASSIFIED PROGRAMS ................................................................
32,482 
32,482 
AVIATION PROGRAMS 
041 
MC–12 ..................................................................................................
5,000 
5,000 
043 
UNMANNED ISR ...............................................................................
11,880 
11,880 
046 
U–28 .....................................................................................................
38,283 
38,283 
AMMUNITION PROGRAMS 
057 
ORDNANCE ITEMS <$5M ................................................................
52,504 
52,504 
OTHER PROCUREMENT PROGRAMS 
058 
INTELLIGENCE SYSTEMS .............................................................
22,000 
22,000 
060 
OTHER ITEMS <$5M ........................................................................
11,580 
11,580 
062 
SPECIAL PROGRAMS .......................................................................
13,549 
13,549 
063 
TACTICAL VEHICLES ......................................................................
3,200 
3,200 
069 
OPERATIONAL ENHANCEMENTS ................................................
42,056 
22,806 
Classified adjustment ..................................................................
[–19,250 
] 
TOTAL PROCUREMENT, DEFENSE-WIDE ...................
234,434 
215,184 
TOTAL PROCUREMENT ....................................................
8,614,221 
8,704,921 
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-
ATIONS FOR BASE REQUIREMENTS. 
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIRE-
MENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
ROTARY 
006 
AH–64 APACHE BLOCK IIIA REMAN ...........................................
78,040 
78,040 
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
78,040 
78,040 
MISSILE PROCUREMENT, ARMY 
AIR-TO-SURFACE MISSILE SYSTEM 
004 
HELLFIRE SYS SUMMARY .............................................................
150,000 
150,000 
ANTI-TANK/ASSAULT MISSILE SYS 
007 
JAVELIN (AAWS-M) SYSTEM SUMMARY ....................................
104,200 
Army unfunded requirement ......................................................
[104,200 
] 
010 
GUIDED MLRS ROCKET (GMLRS) ................................................
76,000 
Army unfunded requirement ......................................................
[76,000 
] 
MODIFICATIONS 
014 
ATACMS MODS .................................................................................
15,900 
Army unfunded requirement ......................................................
[15,900 
] 
TOTAL MISSILE PROCUREMENT, ARMY ....................
150,000 
346,100 
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130 STAT. 2829 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIRE-
MENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES ...............................................................
4,000 
Army unfunded requirement ......................................................
[4,000 
] 
002 
CTG, 7.62MM, ALL TYPES ...............................................................
14,000 
Army unfunded requirement ......................................................
[14,000 
] 
003 
CTG, HANDGUN, ALL TYPES .........................................................
9,000 
Army unfunded requirement ......................................................
[9,000 
] 
004 
CTG, .50 CAL, ALL TYPES ...............................................................
20,000 
Army unfunded requirement ......................................................
[20,000 
] 
005 
CTG, 20MM, ALL TYPES ..................................................................
14,000 
Army unfunded requirement ......................................................
[14,000 
] 
007 
CTG, 30MM, ALL TYPES ..................................................................
8,200 
Army unfunded requirement ......................................................
[8,200 
] 
MORTAR AMMUNITION 
011 
120MM MORTAR, ALL TYPES ........................................................
30,000 
Army unfunded requirement ......................................................
[30,000 
] 
TANK AMMUNITION 
012 
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ..........
35,000 
Army unfunded requirement ......................................................
[35,000 
] 
ARTILLERY AMMUNITION 
015 
PROJ 155MM EXTENDED RANGE M982 ......................................
23,500 
Army unfunded requirement ......................................................
[23,500 
] 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
10,000 
Army unfunded requirement ......................................................
[10,000 
] 
ROCKETS 
019 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
30,000 
Army unfunded requirement ......................................................
[30,000 
] 
020 
ROCKET, HYDRA 70, ALL TYPES ..................................................
42,500 
Army unfunded requirement ......................................................
[27,500 
] 
Army unfunded requirement- guided hydra rockets ................
[15,000 
] 
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..
240,200 
OTHER PROCUREMENT, ARMY 
TACTICAL VEHICLES 
008 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
152,000 
152,000 
GENERATORS 
158 
GENERATORS AND ASSOCIATED EQUIP ...................................
9,900 
9,900 
TOTAL OTHER PROCUREMENT, ARMY ......................
161,900 
161,900 
JOINT IMPROVISED-THREAT DEFEAT FUND 
NETWORK ATTACK 
001 
RAPID ACQUISITION AND THREAT RESPONSE .......................
113,272 
113,272 
TOTAL 
JOINT 
IMPROVISED-THREAT 
DEFEAT 
FUND.
113,272 
113,272 
AIRCRAFT PROCUREMENT, NAVY 
MODIFICATION OF AIRCRAFT 
035 
SH–60 SERIES ...................................................................................
3,000 
3,000 
036 
H–1 SERIES ........................................................................................
3,740 
3,740 
051 
COMMON ECM EQUIPMENT .........................................................
27,460 
27,460 
TOTAL AIRCRAFT PROCUREMENT, NAVY .................
34,200 
34,200 
WEAPONS PROCUREMENT, NAVY 
STRATEGIC MISSILES 
003 
TOMAHAWK ......................................................................................
84,200 
Scope Increase .............................................................................
[84,200 
] 
TACTICAL MISSILES 
005 
SIDEWINDER ....................................................................................
33,000 
Navy unfunded requirement ......................................................
[33,000 
] 
TOTAL WEAPONS PROCUREMENT, NAVY .................
117,200 
PROCUREMENT OF AMMO, NAVY & MC 
NAVY AMMUNITION 
001 
GENERAL PURPOSE BOMBS .........................................................
58,000 
Navy unfunded requirement—JDAM components ...................
[58,000 
] 
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130 STAT. 2830 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIRE-
MENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
MARINE CORPS AMMUNITION 
023 
ARTILLERY, ALL TYPES .................................................................
19,200 
Marine Corps unfunded requirement- GMLRS AW munitions 
[19,200 
] 
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......
77,200 
OTHER PROCUREMENT, NAVY 
OTHER ORDNANCE SUPPORT EQUIPMENT 
116 
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
59,329 
59,329 
TOTAL OTHER PROCUREMENT, NAVY .......................
59,329 
59,329 
AIRCRAFT PROCUREMENT, AIR FORCE 
OTHER AIRCRAFT 
015 
MQ–9 ...................................................................................................
179,430 
179,430 
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....
179,430 
179,430 
MISSILE PROCUREMENT, AIR FORCE 
TACTICAL 
007 
SMALL DIAMETER BOMB ..............................................................
167,800 
167,800 
CLASS IV 
011 
AGM–65D MAVERICK ......................................................................
16,900 
16,900 
TOTAL MISSILE PROCUREMENT, AIR FORCE .........
184,700 
184,700 
PROCUREMENT OF AMMUNITION, AIR FORCE 
ROCKETS 
001 
ROCKETS ...........................................................................................
60,000 
60,000 
BOMBS 
006 
JOINT DIRECT ATTACK MUNITION ............................................
263,000 
263,000 
TOTAL PROCUREMENT OF AMMUNITION, AIR 
FORCE.
323,000 
323,000 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT, DISA 
007 
TELEPORT PROGRAM .....................................................................
2,000 
2,000 
016 
DEFENSE INFORMATION SYSTEMS NETWORK .......................
2,000 
2,000 
TOTAL PROCUREMENT, DEFENSE-WIDE ...................
4,000 
4,000 
TOTAL PROCUREMENT ....................................................
1,287,871 
1,918,571 
TITLE 
XLII—RESEARCH, 
DEVELOP-
MENT, TEST, AND EVALUATION 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
RESEARCH, DEVELOPMENT, TEST & EVAL, 
ARMY 
BASIC RESEARCH 
001 
0601101A 
IN-HOUSE 
LABORATORY 
INDEPENDENT 
RE-
SEARCH.
12,381 
12,381 
002 
0601102A 
DEFENSE RESEARCH SCIENCES ..................................
253,116 
253,116 
003 
0601103A 
UNIVERSITY RESEARCH INITIATIVES ........................
69,166 
69,166 
004 
0601104A 
UNIVERSITY AND INDUSTRY RESEARCH CENTERS 
94,280 
94,280 
SUBTOTAL BASIC RESEARCH ................................
428,943 
428,943 
APPLIED RESEARCH 
005 
0602105A 
MATERIALS TECHNOLOGY ............................................
31,533 
37,033 
Ground vehicle coating system ....................................
[5,500 
] 
006 
0602120A 
SENSORS AND ELECTRONIC SURVIVABILITY ..........
36,109 
38,109 
Program increase ..........................................................
[2,000 
] 
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130 STAT. 2831 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
007 
0602122A 
TRACTOR HIP ....................................................................
6,995 
6,995 
008 
0602211A 
AVIATION TECHNOLOGY ................................................
65,914 
65,914 
009 
0602270A 
ELECTRONIC WARFARE TECHNOLOGY .....................
25,466 
25,466 
010 
0602303A 
MISSILE TECHNOLOGY ...................................................
44,313 
44,313 
011 
0602307A 
ADVANCED WEAPONS TECHNOLOGY .........................
28,803 
28,803 
012 
0602308A 
ADVANCED CONCEPTS AND SIMULATION ................
27,688 
27,688 
013 
0602601A 
COMBAT 
VEHICLE 
AND 
AUTOMOTIVE 
TECH-
NOLOGY.
67,959 
67,959 
014 
0602618A 
BALLISTICS TECHNOLOGY ............................................
85,436 
85,436 
015 
0602622A 
CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 
TECHNOLOGY.
3,923 
3,923 
016 
0602623A 
JOINT SERVICE SMALL ARMS PROGRAM ..................
5,545 
5,545 
017 
0602624A 
WEAPONS AND MUNITIONS TECHNOLOGY ..............
53,581 
53,581 
018 
0602705A 
ELECTRONICS AND ELECTRONIC DEVICES .............
56,322 
56,322 
019 
0602709A 
NIGHT VISION TECHNOLOGY .......................................
36,079 
36,079 
020 
0602712A 
COUNTERMINE SYSTEMS ..............................................
26,497 
26,497 
021 
0602716A 
HUMAN FACTORS ENGINEERING TECHNOLOGY ....
23,671 
23,671 
022 
0602720A 
ENVIRONMENTAL QUALITY TECHNOLOGY ..............
22,151 
22,151 
023 
0602782A 
COMMAND, CONTROL, COMMUNICATIONS TECH-
NOLOGY.
37,803 
37,803 
024 
0602783A 
COMPUTER AND SOFTWARE TECHNOLOGY .............
13,811 
13,811 
025 
0602784A 
MILITARY ENGINEERING TECHNOLOGY ...................
67,416 
67,416 
026 
0602785A 
MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 
26,045 
26,045 
027 
0602786A 
WARFIGHTER TECHNOLOGY ........................................
37,403 
42,403 
Program Increase .........................................................
[5,000 
] 
028 
0602787A 
MEDICAL TECHNOLOGY .................................................
77,111 
77,111 
SUBTOTAL APPLIED RESEARCH ..........................
907,574 
920,074 
ADVANCED TECHNOLOGY DEVELOPMENT 
029 
0603001A 
WARFIGHTER ADVANCED TECHNOLOGY ..................
38,831 
38,831 
030 
0603002A 
MEDICAL ADVANCED TECHNOLOGY ..........................
68,365 
68,365 
031 
0603003A 
AVIATION ADVANCED TECHNOLOGY .........................
94,280 
94,280 
032 
0603004A 
WEAPONS AND MUNITIONS ADVANCED TECH-
NOLOGY.
68,714 
68,714 
033 
0603005A 
COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 
TECHNOLOGY.
122,132 
152,132 
Emerging requirement .................................................
[30,000 
] 
034 
0603006A 
SPACE APPLICATION ADVANCED TECHNOLOGY ....
3,904 
3,904 
035 
0603007A 
MANPOWER, PERSONNEL AND TRAINING AD-
VANCED TECHNOLOGY.
14,417 
14,417 
037 
0603009A 
TRACTOR HIKE .................................................................
8,074 
21,374 
Classified adjustment ...................................................
[13,300 
] 
038 
0603015A 
NEXT GENERATION TRAINING & SIMULATION 
SYSTEMS.
18,969 
18,969 
039 
0603020A 
TRACTOR ROSE .................................................................
11,910 
11,910 
040 
0603125A 
COMBATING TERRORISM—TECHNOLOGY DEVEL-
OPMENT.
27,686 
27,686 
041 
0603130A 
TRACTOR NAIL ..................................................................
2,340 
2,340 
042 
0603131A 
TRACTOR EGGS .................................................................
2,470 
2,470 
043 
0603270A 
ELECTRONIC WARFARE TECHNOLOGY .....................
27,893 
27,893 
044 
0603313A 
MISSILE AND ROCKET ADVANCED TECHNOLOGY
52,190 
52,190 
045 
0603322A 
TRACTOR CAGE .................................................................
11,107 
11,107 
046 
0603461A 
HIGH PERFORMANCE COMPUTING MODERNIZA-
TION PROGRAM.
177,190 
179,190 
Program increase ..........................................................
[2,000 
] 
047 
0603606A 
LANDMINE WARFARE AND BARRIER ADVANCED 
TECHNOLOGY.
17,451 
17,451 
048 
0603607A 
JOINT SERVICE SMALL ARMS PROGRAM ..................
5,839 
5,839 
049 
0603710A 
NIGHT VISION ADVANCED TECHNOLOGY ................
44,468 
44,468 
050 
0603728A 
ENVIRONMENTAL QUALITY TECHNOLOGY DEM-
ONSTRATIONS.
11,137 
11,137 
051 
0603734A 
MILITARY 
ENGINEERING 
ADVANCED 
TECH-
NOLOGY.
20,684 
20,684 
052 
0603772A 
ADVANCED TACTICAL COMPUTER SCIENCE AND 
SENSOR TECHNOLOGY.
44,239 
44,239 
053 
0603794A 
C3 ADVANCED TECHNOLOGY .......................................
35,775 
35,775 
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130 STAT. 2832 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
930,065 
975,365 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
054 
0603305A 
ARMY MISSLE DEFENSE SYSTEMS INTEGRATION
9,433 
9,433 
055 
0603308A 
ARMY SPACE SYSTEMS INTEGRATION .......................
23,056 
23,056 
056 
0603619A 
LANDMINE WARFARE AND BARRIER—ADV DEV .....
72,117 
72,117 
057 
0603627A 
SMOKE, OBSCURANT AND TARGET DEFEATING 
SYS-ADV DEV.
28,244 
28,244 
058 
0603639A 
TANK AND MEDIUM CALIBER AMMUNITION ...........
40,096 
40,096 
059 
0603747A 
SOLDIER SUPPORT AND SURVIVABILITY ..................
10,506 
10,506 
060 
0603766A 
TACTICAL 
ELECTRONIC 
SURVEILLANCE 
SYS-
TEM—ADV DEV.
15,730 
15,730 
061 
0603774A 
NIGHT VISION SYSTEMS ADVANCED DEVELOP-
MENT.
10,321 
10,321 
062 
0603779A 
ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/ 
VAL.
7,785 
7,785 
063 
0603790A 
NATO RESEARCH AND DEVELOPMENT .....................
2,300 
2,300 
064 
0603801A 
AVIATION—ADV DEV .......................................................
10,014 
10,014 
065 
0603804A 
LOGISTICS 
AND 
ENGINEER 
EQUIPMENT—ADV 
DEV.
20,834 
20,834 
066 
0603807A 
MEDICAL SYSTEMS—ADV DEV .....................................
33,503 
33,503 
067 
0603827A 
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ...
31,120 
40,520 
Accelerate small arms improvement ...........................
[9,400 
] 
068 
0604100A 
ANALYSIS OF ALTERNATIVES ......................................
6,608 
6,608 
069 
0604114A 
LOWER TIER AIR MISSILE DEFENSE (LTAMD) SEN-
SOR.
35,132 
35,132 
070 
0604115A 
TECHNOLOGY MATURATION INITIATIVES ...............
70,047 
61,038 
Excess growth ...............................................................
[–9,009 
] 
071 
0604120A 
ASSURED POSITIONING, NAVIGATION AND TIM-
ING (PNT).
83,279 
83,279 
073 
0305251A 
CYBERSPACE OPERATIONS FORCES AND FORCE 
SUPPORT.
40,510 
30,510 
Inadequate justification ...............................................
[–10,000 
] 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
550,635 
541,026 
SYSTEM DEVELOPMENT & DEMONSTRATION 
074 
0604201A 
AIRCRAFT AVIONICS .......................................................
83,248 
83,248 
075 
0604270A 
ELECTRONIC WARFARE DEVELOPMENT ...................
34,642 
34,642 
077 
0604290A 
MID-TIER 
NETWORKING 
VEHICULAR 
RADIO 
(MNVR).
12,172 
12,172 
078 
0604321A 
ALL SOURCE ANALYSIS SYSTEM .................................
3,958 
3,958 
079 
0604328A 
TRACTOR CAGE .................................................................
12,525 
12,525 
080 
0604601A 
INFANTRY SUPPORT WEAPONS ...................................
66,943 
66,943 
082 
0604611A 
JAVELIN ..............................................................................
20,011 
20,011 
083 
0604622A 
FAMILY OF HEAVY TACTICAL VEHICLES ..................
11,429 
11,429 
084 
0604633A 
AIR TRAFFIC CONTROL ..................................................
3,421 
3,421 
085 
0604641A 
TACTICAL UNMANNED GROUND VEHICLE (TUGV) 
39,282 
39,282 
086 
0604642A 
LIGHT TACTICAL WHEELED VEHICLES .....................
494 
494 
087 
0604645A 
ARMORED SYSTEMS MODERNIZATION (ASM)—ENG 
DEV.
9,678 
9,678 
088 
0604710A 
NIGHT VISION SYSTEMS—ENG DEV ...........................
84,519 
84,519 
089 
0604713A 
COMBAT FEEDING, CLOTHING, AND EQUIPMENT ..
2,054 
2,054 
090 
0604715A 
NON-SYSTEM TRAINING DEVICES—ENG DEV ..........
30,774 
30,774 
091 
0604741A 
AIR DEFENSE COMMAND, CONTROL AND INTEL-
LIGENCE—ENG DEV.
53,332 
61,332 
Program increase- all digital radar technology for 
CRAM.
[8,000 
] 
092 
0604742A 
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOP-
MENT.
17,887 
17,887 
093 
0604746A 
AUTOMATIC TEST EQUIPMENT DEVELOPMENT .....
8,813 
8,813 
094 
0604760A 
DISTRIBUTIVE 
INTERACTIVE 
SIMULATIONS 
(DIS)—ENG DEV.
10,487 
10,487 
095 
0604780A 
COMBINED 
ARMS 
TACTICAL 
TRAINER 
(CATT) 
CORE.
15,068 
15,068 
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130 STAT. 2833 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
096 
0604798A 
BRIGADE ANALYSIS, INTEGRATION AND EVALUA-
TION.
89,716 
89,716 
097 
0604802A 
WEAPONS AND MUNITIONS—ENG DEV .....................
80,365 
80,365 
098 
0604804A 
LOGISTICS AND ENGINEER EQUIPMENT—ENG 
DEV.
75,098 
86,198 
Program Increase- next generation signature man-
agement.
[11,100 
] 
099 
0604805A 
COMMAND, CONTROL, COMMUNICATIONS SYS-
TEMS—ENG DEV.
4,245 
4,245 
100 
0604807A 
MEDICAL MATERIEL/MEDICAL BIOLOGICAL DE-
FENSE EQUIPMENT—ENG DEV.
41,124 
41,124 
101 
0604808A 
LANDMINE WARFARE/BARRIER—ENG DEV ..............
39,630 
39,630 
102 
0604818A 
ARMY TACTICAL COMMAND & CONTROL HARD-
WARE & SOFTWARE.
205,590 
205,590 
103 
0604820A 
RADAR DEVELOPMENT ...................................................
15,983 
15,983 
104 
0604822A 
GENERAL FUND ENTERPRISE BUSINESS SYSTEM 
(GFEBS).
6,805 
6,805 
105 
0604823A 
FIREFINDER .......................................................................
9,235 
9,235 
106 
0604827A 
SOLDIER SYSTEMS—WARRIOR DEM/VAL ..................
12,393 
12,393 
107 
0604854A 
ARTILLERY SYSTEMS—EMD ..........................................
1,756 
1,756 
108 
0605013A 
INFORMATION TECHNOLOGY DEVELOPMENT ........
74,236 
74,236 
109 
0605018A 
INTEGRATED PERSONNEL AND PAY SYSTEM- 
ARMY (IPPS-A).
155,584 
144,584 
Unjustified growth ........................................................
[–11,000 
] 
110 
0605028A 
ARMORED MULTI-PURPOSE VEHICLE (AMPV) .........
184,221 
184,221 
111 
0605029A 
INTEGRATED GROUND SECURITY SURVEILLANCE 
RESPONSE CAPABILITY (IGSSR-C).
4,980 
4,980 
112 
0605030A 
JOINT TACTICAL NETWORK CENTER (JTNC) ...........
15,041 
15,041 
113 
0605031A 
JOINT TACTICAL NETWORK (JTN) ...............................
16,014 
16,014 
114 
0605032A 
TRACTOR TIRE ..................................................................
27,254 
27,254 
115 
0605033A 
GROUND-BASED 
OPERATIONAL SURVEILLANCE 
SYSTEM—EXPEDITIONARY (GBOSS-E).
5,032 
5,032 
116 
0605034A 
TACTICAL SECURITY SYSTEM (TSS) ............................
2,904 
2,904 
117 
0605035A 
COMMON 
INFRARED 
COUNTERMEASURES 
(CIRCM).
96,977 
96,977 
118 
0605036A 
COMBATING WEAPONS OF MASS DESTRUCTION 
(CWMD).
2,089 
2,089 
119 
0605041A 
DEFENSIVE CYBER TOOL DEVELOPMENT ................
33,836 
33,836 
120 
0605042A 
TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 
18,824 
18,824 
121 
0605047A 
CONTRACT WRITING SYSTEM .......................................
20,663 
20,663 
122 
0605051A 
AIRCRAFT SURVIVABILITY DEVELOPMENT .............
41,133 
41,133 
123 
0605052A 
INDIRECT FIRE PROTECTION CAPABILITY INC 2— 
BLOCK 1.
83,995 
83,995 
125 
0605380A 
AMF JOINT TACTICAL RADIO SYSTEM (JTRS) ..........
5,028 
5,028 
126 
0605450A 
JOINT AIR-TO-GROUND MISSILE (JAGM) ...................
42,972 
42,972 
128 
0605457A 
ARMY INTEGRATED AIR AND MISSILE DEFENSE 
(AIAMD).
252,811 
252,811 
131 
0605766A 
NATIONAL CAPABILITIES INTEGRATION (MIP) .......
4,955 
4,955 
132 
0605812A 
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-
NEERING 
AND 
MANUFACTURING 
DEVELOP-
MENT PH.
11,530 
11,530 
133 
0605830A 
AVIATION GROUND SUPPORT EQUIPMENT ..............
2,142 
2,142 
134 
0210609A 
PALADIN INTEGRATED MANAGEMENT (PIM) ...........
41,498 
41,498 
135 
0303032A 
TROJAN—RH12 ..................................................................
4,273 
4,273 
136 
0304270A 
ELECTRONIC WARFARE DEVELOPMENT ...................
14,425 
14,425 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
2,265,094 
2,273,194 
RDT&E MANAGEMENT SUPPORT 
137 
0604256A 
THREAT SIMULATOR DEVELOPMENT ........................
25,675 
25,675 
138 
0604258A 
TARGET SYSTEMS DEVELOPMENT .............................
19,122 
19,122 
139 
0604759A 
MAJOR T&E INVESTMENT .............................................
84,777 
84,777 
140 
0605103A 
RAND ARROYO CENTER ..................................................
20,658 
20,658 
141 
0605301A 
ARMY KWAJALEIN ATOLL .............................................
236,648 
236,648 
142 
0605326A 
CONCEPTS EXPERIMENTATION PROGRAM ...............
25,596 
25,596 
144 
0605601A 
ARMY TEST RANGES AND FACILITIES .......................
293,748 
293,748 
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130 STAT. 2834 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
145 
0605602A 
ARMY TECHNICAL TEST INSTRUMENTATION AND 
TARGETS.
52,404 
52,404 
146 
0605604A 
SURVIVABILITY/LETHALITY ANALYSIS ......................
38,571 
38,571 
147 
0605606A 
AIRCRAFT CERTIFICATION ............................................
4,665 
4,665 
148 
0605702A 
METEOROLOGICAL SUPPORT TO RDT&E ACTIVI-
TIES.
6,925 
6,925 
149 
0605706A 
MATERIEL SYSTEMS ANALYSIS ...................................
21,677 
21,677 
150 
0605709A 
EXPLOITATION OF FOREIGN ITEMS ...........................
12,415 
12,415 
151 
0605712A 
SUPPORT OF OPERATIONAL TESTING .......................
49,684 
49,684 
152 
0605716A 
ARMY EVALUATION CENTER ........................................
55,905 
55,905 
153 
0605718A 
ARMY MODELING & SIM X-CMD COLLABORATION 
& INTEG.
7,959 
7,959 
154 
0605801A 
PROGRAMWIDE ACTIVITIES ..........................................
51,822 
51,822 
155 
0605803A 
TECHNICAL INFORMATION ACTIVITIES ....................
33,323 
33,323 
156 
0605805A 
MUNITIONS STANDARDIZATION, EFFECTIVENESS 
AND SAFETY.
40,545 
40,545 
157 
0605857A 
ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 
SUPPORT.
2,130 
2,130 
158 
0605898A 
MANAGEMENT HQ—R&D ...............................................
49,885 
49,885 
159 
0303260A 
DEFENSE MILITARY DECEPTION INITIATIVE ..........
2,000 
2,000 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ..
1,136,134 
1,136,134 
OPERATIONAL SYSTEMS DEVELOPMENT 
161 
0603778A 
MLRS PRODUCT IMPROVEMENT PROGRAM .............
9,663 
9,663 
162 
0603813A 
TRACTOR PULL .................................................................
3,960 
3,960 
163 
0605024A 
ANTI-TAMPER TECHNOLOGY SUPPORT .....................
3,638 
3,638 
164 
0607131A 
WEAPONS AND MUNITIONS PRODUCT IMPROVE-
MENT PROGRAMS.
14,517 
14,517 
165 
0607133A 
TRACTOR SMOKE .............................................................
4,479 
4,479 
166 
0607134A 
LONG RANGE PRECISION FIRES (LRPF) .....................
39,275 
39,275 
167 
0607135A 
APACHE PRODUCT IMPROVEMENT PROGRAM ........
66,441 
66,441 
168 
0607136A 
BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 
46,765 
46,765 
169 
0607137A 
CHINOOK PRODUCT IMPROVEMENT PROGRAM ......
91,848 
91,848 
170 
0607138A 
FIXED WING PRODUCT IMPROVEMENT PROGRAM 
796 
796 
171 
0607139A 
IMPROVED TURBINE ENGINE PROGRAM ..................
126,105 
126,105 
172 
0607140A 
EMERGING TECHNOLOGIES FROM NIE .....................
2,369 
2,369 
173 
0607141A 
LOGISTICS AUTOMATION ...............................................
4,563 
4,563 
174 
0607665A 
FAMILY OF BIOMETRICS ................................................
12,098 
12,098 
175 
0607865A 
PATRIOT PRODUCT IMPROVEMENT ............................
49,482 
49,482 
176 
0202429A 
AEROSTAT JOINT PROJECT—COCOM EXERCISE .....
45,482 
2,482 
Program reduction ........................................................
[–43,000 
] 
178 
0203728A 
JOINT AUTOMATED DEEP OPERATION COORDINA-
TION SYSTEM (JADOCS).
30,455 
30,455 
179 
0203735A 
COMBAT VEHICLE IMPROVEMENT PROGRAMS .......
316,857 
316,857 
180 
0203740A 
MANEUVER CONTROL SYSTEM ....................................
4,031 
4,031 
181 
0203744A 
AIRCRAFT MODIFICATIONS/PRODUCT IMPROVE-
MENT PROGRAMS.
35,793 
35,793 
182 
0203752A 
AIRCRAFT ENGINE COMPONENT IMPROVEMENT 
PROGRAM.
259 
259 
183 
0203758A 
DIGITIZATION ....................................................................
6,483 
6,483 
184 
0203801A 
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 
PROGRAM.
5,122 
5,122 
185 
0203802A 
OTHER MISSILE PRODUCT IMPROVEMENT PRO-
GRAMS.
7,491 
7,491 
186 
0203808A 
TRACTOR CARD .................................................................
20,333 
20,333 
188 
0205410A 
MATERIALS HANDLING EQUIPMENT .........................
124 
124 
190 
0205456A 
LOWER TIER AIR AND MISSILE DEFENSE (AMD) 
SYSTEM.
69,417 
69,417 
191 
0205778A 
GUIDED 
MULTIPLE-LAUNCH 
ROCKET 
SYSTEM 
(GMLRS).
22,044 
22,044 
192 
0208053A 
JOINT TACTICAL GROUND SYSTEM ............................
12,649 
12,649 
194 
0303028A 
SECURITY AND INTELLIGENCE ACTIVITIES ............
11,619 
11,619 
195 
0303140A 
INFORMATION SYSTEMS SECURITY PROGRAM .......
38,280 
38,280 
196 
0303141A 
GLOBAL COMBAT SUPPORT SYSTEM ..........................
27,223 
27,223 
197 
0303142A 
SATCOM GROUND ENVIRONMENT (SPACE) ..............
18,815 
18,815 
198 
0303150A 
WWMCCS/GLOBAL COMMAND AND CONTROL SYS-
TEM.
4,718 
4,718 
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130 STAT. 2835 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
202 
0305204A 
TACTICAL UNMANNED AERIAL VEHICLES ...............
8,218 
8,218 
203 
0305206A 
AIRBORNE RECONNAISSANCE SYSTEMS ..................
11,799 
11,799 
204 
0305208A 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
32,284 
32,284 
205 
0305219A 
MQ–1C GRAY EAGLE UAS ...............................................
13,470 
13,470 
206 
0305232A 
RQ–11 UAV ..........................................................................
1,613 
1,613 
207 
0305233A 
RQ–7 UAV ............................................................................
4,597 
4,597 
209 
0310349A 
WIN-T INCREMENT 2—INITIAL NETWORKING .........
4,867 
4,867 
210 
0708045A 
END ITEM INDUSTRIAL PREPAREDNESS ACTIVI-
TIES.
62,287 
62,287 
210A 
9999999999 
CLASSIFIED PROGRAMS .................................................
4,625 
4,625 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
1,296,954 
1,253,954 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, ARMY.
7,515,399 
7,528,690 
RESEARCH, DEVELOPMENT, TEST & EVAL, 
NAVY 
BASIC RESEARCH 
001 
0601103N 
UNIVERSITY RESEARCH INITIATIVES ........................
101,714 
121,714 
Program increase ..........................................................
[20,000 
] 
002 
0601152N 
IN-HOUSE 
LABORATORY 
INDEPENDENT 
RE-
SEARCH.
18,508 
18,508 
003 
0601153N 
DEFENSE RESEARCH SCIENCES ..................................
422,748 
422,748 
SUBTOTAL BASIC RESEARCH ................................
542,970 
562,970 
APPLIED RESEARCH 
004 
0602114N 
POWER PROJECTION APPLIED RESEARCH ...............
41,371 
41,371 
005 
0602123N 
FORCE PROTECTION APPLIED RESEARCH ...............
158,745 
158,745 
006 
0602131M 
MARINE CORPS LANDING FORCE TECHNOLOGY ....
51,590 
51,590 
007 
0602235N 
COMMON PICTURE APPLIED RESEARCH ..................
41,185 
41,185 
008 
0602236N 
WARFIGHTER SUSTAINMENT APPLIED RESEARCH 
45,467 
45,467 
009 
0602271N 
ELECTROMAGNETIC 
SYSTEMS 
APPLIED 
RE-
SEARCH.
118,941 
118,941 
010 
0602435N 
OCEAN WARFIGHTING ENVIRONMENT APPLIED 
RESEARCH.
42,618 
72,618 
Service Life Extension Program—AGOR ...................
[30,000 
] 
011 
0602651M 
JOINT 
NON-LETHAL 
WEAPONS 
APPLIED 
RE-
SEARCH.
6,327 
6,327 
012 
0602747N 
UNDERSEA WARFARE APPLIED RESEARCH .............
126,313 
126,313 
013 
0602750N 
FUTURE 
NAVAL 
CAPABILITIES 
APPLIED 
RE-
SEARCH.
165,103 
165,103 
014 
0602782N 
MINE AND EXPEDITIONARY WARFARE APPLIED 
RESEARCH.
33,916 
33,916 
015 
0602898N 
SCIENCE AND TECHNOLOGY MANAGEMENT—ONR 
HEADQUARTERS.
29,575 
29,575 
SUBTOTAL APPLIED RESEARCH ..........................
861,151 
891,151 
ADVANCED TECHNOLOGY DEVELOPMENT 
016 
0603114N 
POWER PROJECTION ADVANCED TECHNOLOGY ....
96,406 
96,406 
017 
0603123N 
FORCE PROTECTION ADVANCED TECHNOLOGY .....
48,438 
48,438 
018 
0603271N 
ELECTROMAGNETIC SYSTEMS ADVANCED TECH-
NOLOGY.
26,421 
26,421 
019 
0603640M 
USMC ADVANCED TECHNOLOGY DEMONSTRA-
TION (ATD).
140,416 
140,416 
020 
0603651M 
JOINT NON-LETHAL WEAPONS TECHNOLOGY DE-
VELOPMENT.
13,117 
13,117 
021 
0603673N 
FUTURE NAVAL CAPABILITIES ADVANCED TECH-
NOLOGY DEVELOPMENT.
249,092 
247,092 
Capable manpower, and power and energy ...............
[–2,000 
] 
022 
0603680N 
MANUFACTURING TECHNOLOGY PROGRAM ...........
56,712 
56,712 
023 
0603729N 
WARFIGHTER 
PROTECTION 
ADVANCED 
TECH-
NOLOGY.
4,789 
4,789 
024 
0603747N 
UNDERSEA WARFARE ADVANCED TECHNOLOGY ..
25,880 
25,880 
025 
0603758N 
NAVY WARFIGHTING EXPERIMENTS AND DEM-
ONSTRATIONS.
60,550 
60,550 
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130 STAT. 2836 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
026 
0603782N 
MINE AND EXPEDITIONARY WARFARE ADVANCED 
TECHNOLOGY.
15,167 
15,167 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
736,988 
734,988 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
027 
0603207N 
AIR/OCEAN TACTICAL APPLICATIONS ........................
48,536 
48,536 
028 
0603216N 
AVIATION SURVIVABILITY .............................................
5,239 
5,239 
030 
0603251N 
AIRCRAFT SYSTEMS ........................................................
1,519 
1,519 
031 
0603254N 
ASW SYSTEMS DEVELOPMENT ....................................
7,041 
7,041 
032 
0603261N 
TACTICAL AIRBORNE RECONNAISSANCE .................
3,274 
3,274 
033 
0603382N 
ADVANCED COMBAT SYSTEMS TECHNOLOGY ........
57,034 
15,496 
Rapid prototype development excess growth .............
[–30,267 
] 
Unmanned rapid prototype development excess 
growth.
[–11,271 
] 
034 
0603502N 
SURFACE AND SHALLOW WATER MINE COUNTER-
MEASURES.
165,775 
143,548 
Excess prior year funds ................................................
[–1,500 
] 
LDUUV product development excess growth .............
[–13,800 
] 
USV with AQS–20 product development excess 
growth.
[–5,750 
] 
USV with AQS–20 support excess growth .................
[–1,177 
] 
035 
0603506N 
SURFACE SHIP TORPEDO DEFENSE ...........................
87,066 
87,066 
036 
0603512N 
CARRIER SYSTEMS DEVELOPMENT ............................
7,605 
7,605 
037 
0603525N 
PILOT FISH .........................................................................
132,068 
132,068 
038 
0603527N 
RETRACT LARCH ..............................................................
14,546 
14,546 
039 
0603536N 
RETRACT JUNIPER ...........................................................
115,435 
115,435 
040 
0603542N 
RADIOLOGICAL CONTROL .............................................
702 
702 
041 
0603553N 
SURFACE ASW ...................................................................
1,081 
1,081 
042 
0603561N 
ADVANCED SUBMARINE SYSTEM DEVELOPMENT
100,565 
100,565 
043 
0603562N 
SUBMARINE TACTICAL WARFARE SYSTEMS ............
8,782 
8,782 
044 
0603563N 
SHIP CONCEPT ADVANCED DESIGN ...........................
14,590 
14,590 
045 
0603564N 
SHIP PRELIMINARY DESIGN & FEASIBILITY STUD-
IES.
15,805 
15,805 
046 
0603570N 
ADVANCED NUCLEAR POWER SYSTEMS ...................
453,313 
453,313 
047 
0603573N 
ADVANCED SURFACE MACHINERY SYSTEMS ..........
36,655 
36,655 
048 
0603576N 
CHALK EAGLE ...................................................................
367,016 
367,016 
049 
0603581N 
LITTORAL COMBAT SHIP (LCS) .....................................
51,630 
51,630 
050 
0603582N 
COMBAT SYSTEM INTEGRATION .................................
23,530 
23,530 
051 
0603595N 
OHIO REPLACEMENT ......................................................
700,811 
700,811 
052 
0603596N 
LCS MISSION MODULES .................................................
160,058 
129,187 
Program Restructure ....................................................
[–30,871 
] 
053 
0603597N 
AUTOMATED TEST AND ANALYSIS .............................
8,000 
Program increase ..........................................................
[8,000 
] 
054 
0603599N 
FRIGATE DEVELOPMENT ...............................................
84,900 
84,900 
055 
0603609N 
CONVENTIONAL MUNITIONS ........................................
8,342 
8,342 
056 
0603611M 
MARINE CORPS ASSAULT VEHICLES ..........................
158,682 
138,762 
Product development prior year carryover .................
[–19,920 
] 
057 
0603635M 
MARINE CORPS GROUND COMBAT/SUPPORT SYS-
TEM.
1,303 
1,303 
058 
0603654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
46,911 
46,911 
060 
0603713N 
OCEAN ENGINEERING TECHNOLOGY DEVELOP-
MENT.
4,556 
4,556 
061 
0603721N 
ENVIRONMENTAL PROTECTION ..................................
20,343 
20,343 
062 
0603724N 
NAVY ENERGY PROGRAM ..............................................
52,479 
52,479 
063 
0603725N 
FACILITIES IMPROVEMENT ..........................................
5,458 
5,458 
064 
0603734N 
CHALK CORAL ...................................................................
245,860 
245,860 
065 
0603739N 
NAVY LOGISTIC PRODUCTIVITY ..................................
3,089 
3,089 
066 
0603746N 
RETRACT MAPLE ..............................................................
323,526 
323,526 
067 
0603748N 
LINK PLUMERIA ...............................................................
318,497 
318,497 
068 
0603751N 
RETRACT ELM ...................................................................
52,834 
52,834 
069 
0603764N 
LINK EVERGREEN ............................................................
48,116 
48,116 
070 
0603787N 
SPECIAL PROCESSES .......................................................
13,619 
13,619 
071 
0603790N 
NATO RESEARCH AND DEVELOPMENT .....................
9,867 
9,867 
072 
0603795N 
LAND ATTACK TECHNOLOGY .......................................
6,015 
6,015 
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130 STAT. 2837 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
073 
0603851M 
JOINT NON-LETHAL WEAPONS TESTING ..................
27,904 
27,904 
074 
0603860N 
JOINT PRECISION APPROACH AND LANDING SYS-
TEMS—DEM/VAL.
104,144 
102,722 
UCLASS test support unjustified request ..................
[–1,422 
] 
075 
0603925N 
DIRECTED ENERGY AND ELECTRIC WEAPON SYS-
TEMS.
32,700 
32,700 
076 
0604112N 
GERALD R. FORD CLASS NUCLEAR AIRCRAFT CAR-
RIER (CVN 78—80).
70,528 
70,528 
077 
0604122N 
REMOTE MINEHUNTING SYSTEM (RMS) ....................
3,001 
3,001 
078 
0604272N 
TACTICAL AIR DIRECTIONAL INFRARED COUN-
TERMEASURES (TADIRCM).
34,920 
34,920 
080 
0604292N 
MH-XX ..................................................................................
1,620 
1,620 
081 
0604454N 
LX (R) ...................................................................................
6,354 
6,354 
082 
0604536N 
ADVANCED UNDERSEA PROTOTYPING ......................
78,589 
44,189 
Ahead of need ...............................................................
[–34,400 
] 
084 
0604659N 
PRECISION 
STRIKE 
WEAPONS 
DEVELOPMENT 
PROGRAM.
9,910 
9,910 
085 
0604707N 
SPACE AND ELECTRONIC WARFARE (SEW) ARCHI-
TECTURE/ENGINEERING SUPPORT.
23,971 
23,971 
086 
0604786N 
OFFENSIVE ANTI-SURFACE WARFARE WEAPON 
DEVELOPMENT.
252,409 
250,371 
Increment II early to need ...........................................
[–2,038 
] 
087 
0605812M 
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-
NEERING 
AND 
MANUFACTURING 
DEVELOP-
MENT PH.
23,197 
23,197 
088 
0303354N 
ASW SYSTEMS DEVELOPMENT—MIP ..........................
9,110 
9,110 
089 
0304270N 
ELECTRONIC WARFARE DEVELOPMENT—MIP ........
437 
437 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
4,662,867 
4,518,451 
SYSTEM DEVELOPMENT & DEMONSTRATION 
090 
0603208N 
TRAINING SYSTEM AIRCRAFT ......................................
19,938 
19,938 
091 
0604212N 
OTHER HELO DEVELOPMENT ......................................
6,268 
6,268 
092 
0604214N 
AV–8B AIRCRAFT—ENG DEV .........................................
33,664 
33,664 
093 
0604215N 
STANDARDS DEVELOPMENT .........................................
1,300 
1,300 
094 
0604216N 
MULTI-MISSION HELICOPTER UPGRADE DEVEL-
OPMENT.
5,275 
5,275 
095 
0604218N 
AIR/OCEAN EQUIPMENT ENGINEERING ....................
3,875 
3,875 
096 
0604221N 
P–3 MODERNIZATION PROGRAM ..................................
1,909 
1,909 
097 
0604230N 
WARFARE SUPPORT SYSTEM ........................................
13,237 
13,237 
098 
0604231N 
TACTICAL COMMAND SYSTEM .....................................
36,323 
36,323 
099 
0604234N 
ADVANCED HAWKEYE ....................................................
363,792 
363,792 
100 
0604245N 
H–1 UPGRADES .................................................................
27,441 
27,441 
101 
0604261N 
ACOUSTIC SEARCH SENSORS .......................................
34,525 
34,525 
102 
0604262N 
V–22A ...................................................................................
174,423 
157,698 
Hardware development airframe excess growth ........
[–8,474 
] 
Refueling system development excess growth ...........
[–8,251 
] 
103 
0604264N 
AIR CREW SYSTEMS DEVELOPMENT ..........................
13,577 
13,577 
104 
0604269N 
EA–18 ...................................................................................
116,761 
116,761 
105 
0604270N 
ELECTRONIC WARFARE DEVELOPMENT ...................
48,766 
48,766 
106 
0604273N 
EXECUTIVE HELO DEVELOPMENT .............................
338,357 
338,357 
107 
0604274N 
NEXT GENERATION JAMMER (NGJ) ............................
577,822 
577,822 
108 
0604280N 
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS- 
NAVY).
2,365 
2,365 
109 
0604282N 
NEXT GENERATION JAMMER (NGJ) INCREMENT II 
52,065 
42,065 
Program growth ............................................................
[–10,000 
] 
110 
0604307N 
SURFACE COMBATANT COMBAT SYSTEM ENGI-
NEERING.
282,764 
282,764 
111 
0604311N 
LPD–17 CLASS SYSTEMS INTEGRATION ....................
580 
580 
112 
0604329N 
SMALL DIAMETER BOMB (SDB) ....................................
97,622 
97,622 
113 
0604366N 
STANDARD MISSILE IMPROVEMENTS ........................
120,561 
120,561 
114 
0604373N 
AIRBORNE MCM ................................................................
45,622 
45,622 
116 
0604378N 
NAVAL INTEGRATED FIRE CONTROL—COUNTER 
AIR SYSTEMS ENGINEERING.
25,750 
25,750 
118 
0604501N 
ADVANCED ABOVE WATER SENSORS .........................
85,868 
85,868 
119 
0604503N 
SSN–688 AND TRIDENT MODERNIZATION .................
117,476 
117,476 
120 
0604504N 
AIR CONTROL ....................................................................
47,404 
47,404 
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130 STAT. 2838 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
121 
0604512N 
SHIPBOARD AVIATION SYSTEMS .................................
112,158 
112,158 
122 
0604518N 
COMBAT INFORMATION CENTER CONVERSION .....
6,283 
6,283 
123 
0604522N 
AIR AND MISSILE DEFENSE RADAR (AMDR) SYS-
TEM.
144,395 
144,395 
124 
0604558N 
NEW DESIGN SSN .............................................................
113,013 
113,013 
125 
0604562N 
SUBMARINE TACTICAL WARFARE SYSTEM ..............
43,160 
43,160 
126 
0604567N 
SHIP CONTRACT DESIGN/ LIVE FIRE T&E .................
65,002 
85,002 
CVN Design ..................................................................
[20,000 
] 
127 
0604574N 
NAVY TACTICAL COMPUTER RESOURCES ................
3,098 
3,098 
128 
0604580N 
VIRGINIA PAYLOAD MODULE (VPM) ...........................
97,920 
97,920 
129 
0604601N 
MINE DEVELOPMENT .....................................................
10,490 
10,490 
130 
0604610N 
LIGHTWEIGHT TORPEDO DEVELOPMENT ................
20,178 
20,178 
131 
0604654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
7,369 
7,369 
132 
0604703N 
PERSONNEL, 
TRAINING, 
SIMULATION, 
AND 
HUMAN FACTORS.
4,995 
4,995 
133 
0604727N 
JOINT STANDOFF WEAPON SYSTEMS ........................
412 
412 
134 
0604755N 
SHIP SELF DEFENSE (DETECT & CONTROL) ............
134,619 
134,619 
135 
0604756N 
SHIP SELF DEFENSE (ENGAGE: HARD KILL) ............
114,475 
105,475 
Program Execution .......................................................
[–9,000 
] 
136 
0604757N 
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ......
114,211 
111,211 
Decoy development effort unjustified growth .............
[–3,000 
] 
137 
0604761N 
INTELLIGENCE ENGINEERING ....................................
11,029 
11,029 
138 
0604771N 
MEDICAL DEVELOPMENT ..............................................
9,220 
9,220 
139 
0604777N 
NAVIGATION/ID SYSTEM ................................................
42,723 
42,723 
140 
0604800M 
JOINT STRIKE FIGHTER (JSF)—EMD ..........................
531,426 
531,426 
141 
0604800N 
JOINT STRIKE FIGHTER (JSF)—EMD ..........................
528,716 
528,716 
142 
0604810M 
JOINT STRIKE FIGHTER FOLLOW ON DEVELOP-
MENT—MARINE CORPS.
74,227 
71,977 
Follow-on development excess funds ..........................
[–2,250 
] 
143 
0604810N 
JOINT STRIKE FIGHTER FOLLOW ON DEVELOP-
MENT—NAVY.
63,387 
61,137 
Follow-on development excess funds ..........................
[–2,250 
] 
144 
0605013M 
INFORMATION TECHNOLOGY DEVELOPMENT ........
4,856 
4,856 
145 
0605013N 
INFORMATION TECHNOLOGY DEVELOPMENT ........
97,066 
97,066 
146 
0605024N 
ANTI-TAMPER TECHNOLOGY SUPPORT .....................
2,500 
2,500 
147 
0605212N 
CH–53K RDTE .....................................................................
404,810 
373,297 
Program delay ...............................................................
[–31,513 
] 
148 
0605215N 
MISSION PLANNING ........................................................
33,570 
33,570 
149 
0605217N 
COMMON AVIONICS .........................................................
51,599 
51,599 
150 
0605220N 
SHIP TO SHORE CONNECTOR (SSC) ............................
11,088 
11,088 
151 
0605327N 
T-AO (X) ...............................................................................
1,095 
1,095 
152 
0605414N 
MQ-XX ..................................................................................
89,000 
77,000 
Excess Obligation .........................................................
[–12,000 
] 
153 
0605450N 
JOINT AIR-TO-GROUND MISSILE (JAGM) ...................
17,880 
17,880 
154 
0605500N 
MULTI-MISSION MARITIME AIRCRAFT (MMA) ..........
59,126 
59,126 
155 
0605504N 
MULTI-MISSION MARITIME (MMA) INCREMENT III 
182,220 
152,220 
Program execution ........................................................
[–30,000 
] 
156 
0204202N 
DDG–1000 ............................................................................
45,642 
45,642 
159 
0304231N 
TACTICAL COMMAND SYSTEM—MIP ..........................
676 
676 
160 
0304785N 
TACTICAL CRYPTOLOGIC SYSTEMS ............................
36,747 
36,747 
161 
0305124N 
SPECIAL APPLICATIONS PROGRAM ............................
35,002 
35,002 
162 
0306250M 
CYBER 
OPERATIONS 
TECHNOLOGY 
DEVELOP-
MENT.
4,942 
4,942 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
6,025,655 
5,928,917 
MANAGEMENT SUPPORT 
163 
0604256N 
THREAT SIMULATOR DEVELOPMENT ........................
16,633 
16,633 
164 
0604258N 
TARGET SYSTEMS DEVELOPMENT .............................
36,662 
36,662 
165 
0604759N 
MAJOR T&E INVESTMENT .............................................
42,109 
42,109 
166 
0605126N 
JOINT THEATER AIR AND MISSILE DEFENSE OR-
GANIZATION.
2,998 
2,998 
167 
0605152N 
STUDIES AND ANALYSIS SUPPORT—NAVY ...............
3,931 
3,931 
168 
0605154N 
CENTER FOR NAVAL ANALYSES ..................................
46,634 
46,634 
169 
0605285N 
NEXT GENERATION FIGHTER .......................................
1,200 
1,200 
171 
0605804N 
TECHNICAL INFORMATION SERVICES .......................
903 
903 
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130 STAT. 2839 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
172 
0605853N 
MANAGEMENT, TECHNICAL & INTERNATIONAL 
SUPPORT.
87,077 
87,077 
173 
0605856N 
STRATEGIC TECHNICAL SUPPORT ..............................
3,597 
3,597 
174 
0605861N 
RDT&E SCIENCE AND TECHNOLOGY MANAGE-
MENT.
62,811 
62,811 
175 
0605863N 
RDT&E SHIP AND AIRCRAFT SUPPORT ......................
106,093 
106,093 
176 
0605864N 
TEST AND EVALUATION SUPPORT ..............................
349,146 
349,146 
177 
0605865N 
OPERATIONAL TEST AND EVALUATION CAPA-
BILITY.
18,160 
18,160 
178 
0605866N 
NAVY SPACE AND ELECTRONIC WARFARE (SEW) 
SUPPORT.
9,658 
9,658 
179 
0605867N 
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 
6,500 
6,500 
180 
0605873M 
MARINE CORPS PROGRAM WIDE SUPPORT ..............
22,247 
22,247 
181 
0605898N 
MANAGEMENT HQ—R&D ...............................................
16,254 
16,254 
182 
0606355N 
WARFARE INNOVATION MANAGEMENT ....................
21,123 
21,123 
SUBTOTAL MANAGEMENT SUPPORT ..................
853,736 
853,736 
OPERATIONAL SYSTEMS DEVELOPMENT 
188 
0607658N 
COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ...
84,501 
84,501 
189 
0607700N 
DEPLOYABLE JOINT COMMAND AND CONTROL .....
2,970 
2,970 
190 
0101221N 
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ....
136,556 
136,556 
191 
0101224N 
SSBN SECURITY TECHNOLOGY PROGRAM ...............
33,845 
33,845 
192 
0101226N 
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 
9,329 
9,329 
193 
0101402N 
NAVY STRATEGIC COMMUNICATIONS .......................
17,218 
17,218 
195 
0204136N 
F/A–18 SQUADRONS .........................................................
189,125 
189,125 
196 
0204163N 
FLEET TELECOMMUNICATIONS (TACTICAL) ............
48,225 
48,225 
197 
0204228N 
SURFACE SUPPORT ..........................................................
21,156 
21,156 
198 
0204229N 
TOMAHAWK AND TOMAHAWK MISSION PLAN-
NING CENTER (TMPC).
71,355 
71,355 
199 
0204311N 
INTEGRATED SURVEILLANCE SYSTEM .....................
58,542 
57,058 
TASW prototypes excess growth .................................
[–1,484 
] 
200 
0204413N 
AMPHIBIOUS TACTICAL SUPPORT UNITS (DIS-
PLACEMENT CRAFT).
13,929 
13,929 
201 
0204460M 
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .....
83,538 
83,538 
202 
0204571N 
CONSOLIDATED TRAINING SYSTEMS DEVELOP-
MENT.
38,593 
38,593 
203 
0204574N 
CRYPTOLOGIC DIRECT SUPPORT ................................
1,122 
1,122 
204 
0204575N 
ELECTRONIC WARFARE (EW) READINESS SUP-
PORT.
99,998 
99,998 
205 
0205601N 
HARM IMPROVEMENT .....................................................
48,635 
48,635 
206 
0205604N 
TACTICAL DATA LINKS ...................................................
124,785 
124,785 
207 
0205620N 
SURFACE ASW COMBAT SYSTEM INTEGRATION ....
24,583 
24,583 
208 
0205632N 
MK–48 ADCAP ....................................................................
39,134 
39,134 
209 
0205633N 
AVIATION IMPROVEMENTS ...........................................
120,861 
120,861 
210 
0205675N 
OPERATIONAL NUCLEAR POWER SYSTEMS .............
101,786 
101,786 
211 
0206313M 
MARINE CORPS COMMUNICATIONS SYSTEMS ........
82,159 
82,159 
212 
0206335M 
COMMON AVIATION COMMAND AND CONTROL 
SYSTEM (CAC2S).
11,850 
11,850 
213 
0206623M 
MARINE CORPS GROUND COMBAT/SUPPORTING 
ARMS SYSTEMS.
47,877 
47,877 
214 
0206624M 
MARINE CORPS COMBAT SERVICES SUPPORT ........
13,194 
13,194 
215 
0206625M 
USMC 
INTELLIGENCE/ELECTRONIC 
WARFARE 
SYSTEMS (MIP).
17,171 
17,171 
216 
0206629M 
AMPHIBIOUS ASSAULT VEHICLE ................................
38,020 
38,020 
217 
0207161N 
TACTICAL AIM MISSILES ...............................................
56,285 
56,285 
218 
0207163N 
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 
(AMRAAM).
40,350 
40,350 
219 
0219902M 
GLOBAL 
COMBAT 
SUPPORT 
SYSTEM—MARINE 
CORPS (GCSS-MC).
9,128 
9,128 
223 
0303109N 
SATELLITE COMMUNICATIONS (SPACE) ....................
37,372 
37,372 
224 
0303138N 
CONSOLIDATED AFLOAT NETWORK ENTERPRISE 
SERVICES (CANES).
23,541 
23,541 
225 
0303140N 
INFORMATION SYSTEMS SECURITY PROGRAM .......
38,510 
38,510 
228 
0305192N 
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVI-
TIES.
6,019 
6,019 
229 
0305204N 
TACTICAL UNMANNED AERIAL VEHICLES ...............
8,436 
8,436 
230 
0305205N 
UAS INTEGRATION AND INTEROPERABILITY ..........
36,509 
33,509 
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130 STAT. 2840 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
Prior year carryover .....................................................
[–3,000 
] 
231 
0305208M 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
2,100 
2,100 
232 
0305208N 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
44,571 
44,571 
233 
0305220N 
MQ–4C TRITON ..................................................................
111,729 
111,729 
234 
0305231N 
MQ–8 UAV ...........................................................................
26,518 
26,518 
235 
0305232M 
RQ–11 UAV ..........................................................................
418 
418 
236 
0305233N 
RQ–7 UAV ............................................................................
716 
716 
237 
0305234N 
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ............
5,071 
5,071 
238 
0305239M 
RQ–21A .................................................................................
9,497 
9,497 
239 
0305241N 
MULTI-INTELLIGENCE SENSOR DEVELOPMENT ....
77,965 
77,965 
240 
0305242M 
UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS 
(MIP).
11,181 
11,181 
241 
0305421N 
RQ–4 MODERNIZATION ...................................................
181,266 
181,266 
242 
0308601N 
MODELING AND SIMULATION SUPPORT ...................
4,709 
4,709 
243 
0702207N 
DEPOT MAINTENANCE (NON-IF) ..................................
49,322 
49,322 
245 
0708730N 
MARITIME TECHNOLOGY (MARITECH) ......................
3,204 
3,204 
245A 
9999999999 
CLASSIFIED PROGRAMS .................................................
1,228,460 
1,228,460 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
3,592,934 
3,588,450 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, NAVY.
17,276,301 
17,078,663 
RESEARCH, DEVELOPMENT, TEST & EVAL, AF 
BASIC RESEARCH 
001 
0601102F 
DEFENSE RESEARCH SCIENCES ..................................
340,812 
340,812 
002 
0601103F 
UNIVERSITY RESEARCH INITIATIVES ........................
145,044 
145,044 
003 
0601108F 
HIGH ENERGY LASER RESEARCH INITIATIVES ......
14,168 
14,168 
SUBTOTAL BASIC RESEARCH ................................
500,024 
500,024 
APPLIED RESEARCH 
004 
0602102F 
MATERIALS ........................................................................
126,152 
131,152 
Precision measuring tools ............................................
[5,000 
] 
005 
0602201F 
AEROSPACE VEHICLE TECHNOLOGIES .....................
122,831 
127,831 
Reusable Hypersonic vehicle structures development 
[5,000 
] 
006 
0602202F 
HUMAN EFFECTIVENESS APPLIED RESEARCH .......
111,647 
111,647 
007 
0602203F 
AEROSPACE PROPULSION .............................................
185,671 
190,671 
Program increase ..........................................................
[5,000 
] 
008 
0602204F 
AEROSPACE SENSORS .....................................................
155,174 
155,174 
009 
0602601F 
SPACE TECHNOLOGY ......................................................
117,915 
117,915 
010 
0602602F 
CONVENTIONAL MUNITIONS ........................................
109,649 
109,649 
011 
0602605F 
DIRECTED ENERGY TECHNOLOGY .............................
127,163 
127,163 
012 
0602788F 
DOMINANT INFORMATION SCIENCES AND METH-
ODS.
161,650 
161,650 
013 
0602890F 
HIGH ENERGY LASER RESEARCH ...............................
42,300 
42,300 
SUBTOTAL APPLIED RESEARCH ..........................
1,260,152 
1,275,152 
ADVANCED TECHNOLOGY DEVELOPMENT 
014 
0603112F 
ADVANCED MATERIALS FOR WEAPON SYSTEMS ...
35,137 
45,137 
Metals Affordability Initiative .....................................
[10,000 
] 
015 
0603199F 
SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 
20,636 
20,636 
016 
0603203F 
ADVANCED AEROSPACE SENSORS ..............................
40,945 
40,945 
017 
0603211F 
AEROSPACE TECHNOLOGY DEV/DEMO ......................
130,950 
130,950 
018 
0603216F 
AEROSPACE PROPULSION AND POWER TECH-
NOLOGY.
94,594 
99,594 
Silicon Carbide for aerospace power application .......
[5,000 
] 
019 
0603270F 
ELECTRONIC COMBAT TECHNOLOGY ........................
58,250 
58,250 
020 
0603401F 
ADVANCED SPACECRAFT TECHNOLOGY ...................
61,593 
61,593 
021 
0603444F 
MAUI SPACE SURVEILLANCE SYSTEM (MSSS) .........
11,681 
11,681 
022 
0603456F 
HUMAN 
EFFECTIVENESS 
ADVANCED 
TECH-
NOLOGY DEVELOPMENT.
26,492 
26,492 
023 
0603601F 
CONVENTIONAL WEAPONS TECHNOLOGY ...............
102,009 
102,009 
024 
0603605F 
ADVANCED WEAPONS TECHNOLOGY .........................
39,064 
39,064 
025 
0603680F 
MANUFACTURING TECHNOLOGY PROGRAM ...........
46,344 
46,344 
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130 STAT. 2841 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
026 
0603788F 
BATTLESPACE KNOWLEDGE DEVELOPMENT AND 
DEMONSTRATION.
58,110 
58,110 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
725,805 
740,805 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
027 
0603260F 
INTELLIGENCE ADVANCED DEVELOPMENT ............
5,598 
5,598 
028 
0603438F 
SPACE CONTROL TECHNOLOGY ..................................
7,534 
7,534 
029 
0603742F 
COMBAT IDENTIFICATION TECHNOLOGY .................
24,418 
24,418 
030 
0603790F 
NATO RESEARCH AND DEVELOPMENT .....................
4,333 
4,333 
032 
0603830F 
SPACE SECURITY AND DEFENSE PROGRAM ............
32,399 
32,399 
033 
0603851F 
INTERCONTINENTAL BALLISTIC MISSILE—DEM/ 
VAL.
108,663 
108,663 
035 
0604015F 
LONG RANGE STRIKE—BOMBER .................................
1,358,309 
1,358,309 
036 
0604257F 
ADVANCED TECHNOLOGY AND SENSORS ................
34,818 
34,818 
037 
0604317F 
TECHNOLOGY TRANSFER ..............................................
3,368 
3,368 
038 
0604327F 
HARD AND DEEPLY BURIED TARGET DEFEAT SYS-
TEM (HDBTDS) PROGRAM.
74,308 
74,308 
039 
0604422F 
WEATHER SYSTEM FOLLOW-ON ..................................
118,953 
113,953 
Transfer 
Cloud 
Characterization 
and 
Theater 
Weather Imagery to NRO.
[–5,000 
] 
040 
0604425F 
SPACE SITUATION AWARENESS SYSTEMS ...............
9,901 
9,901 
041 
0604776F 
DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 
25,890 
25,890 
042 
0604857F 
OPERATIONALLY RESPONSIVE SPACE .......................
7,921 
18,421 
Program increase ..........................................................
[10,500 
] 
043 
0604858F 
TECH TRANSITION PROGRAM ......................................
347,304 
347,304 
044 
0605230F 
GROUND BASED STRATEGIC DETERRENT ................
113,919 
113,919 
046 
0207110F 
NEXT GENERATION AIR DOMINANCE ........................
20,595 
20,595 
047 
0207455F 
THREE 
DIMENSIONAL 
LONG-RANGE 
RADAR 
(3DELRR).
49,491 
49,491 
048 
0305164F 
NAVSTAR GLOBAL POSITIONING SYSTEM (USER 
EQUIPMENT) (SPACE).
278,147 
278,147 
049 
0305236F 
COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 
42,338 
42,338 
050 
0306250F 
CYBER 
OPERATIONS 
TECHNOLOGY 
DEVELOP-
MENT.
158,002 
158,002 
051 
0306415F 
ENABLED CYBER ACTIVITIES .......................................
15,842 
15,842 
052 
0901410F 
CONTRACTING INFORMATION TECHNOLOGY SYS-
TEM.
5,782 
5,782 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
2,847,833 
2,853,333 
SYSTEM DEVELOPMENT & DEMONSTRATION 
054 
0604270F 
ELECTRONIC WARFARE DEVELOPMENT ...................
12,476 
9,176 
Improved GPS ...............................................................
[–3,300 
] 
055 
0604281F 
TACTICAL DATA NETWORKS ENTERPRISE ...............
82,380 
82,380 
056 
0604287F 
PHYSICAL SECURITY EQUIPMENT ..............................
8,458 
8,458 
057 
0604329F 
SMALL DIAMETER BOMB (SDB)—EMD ........................
54,838 
47,038 
Improved GPS ...............................................................
[–7,800 
] 
058 
0604421F 
COUNTERSPACE SYSTEMS ............................................
34,394 
34,394 
059 
0604425F 
SPACE SITUATION AWARENESS SYSTEMS ...............
23,945 
23,945 
060 
0604426F 
SPACE FENCE ....................................................................
168,364 
168,364 
061 
0604429F 
AIRBORNE ELECTRONIC ATTACK ................................
9,187 
9,187 
062 
0604441F 
SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 
EMD.
181,966 
181,966 
063 
0604602F 
ARMAMENT/ORDNANCE DEVELOPMENT ..................
20,312 
20,312 
064 
0604604F 
SUBMUNITIONS ................................................................
2,503 
2,503 
065 
0604617F 
AGILE COMBAT SUPPORT ..............................................
53,680 
53,680 
066 
0604618F 
JOINT DIRECT ATTACK MUNITION .............................
9,901 
9,901 
067 
0604706F 
LIFE SUPPORT SYSTEMS ................................................
7,520 
7,520 
068 
0604735F 
COMBAT TRAINING RANGES .........................................
77,409 
77,409 
069 
0604800F 
F–35—EMD ..........................................................................
450,467 
450,467 
070 
0604853F 
EVOLVED EXPENDABLE LAUNCH VEHICLE PRO-
GRAM (SPACE)—EMD.
296,572 
160,000 
Launch System Development ......................................
[160,000 
] 
Next Generation Launch System Investment ............
[–296,572 
] 
070A 
0604XXXF 
ROCKET PROPULSION SYSTEM ....................................
220,000 
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130 STAT. 2842 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
Rocket Propulsion System Replacement of RD–180 ..
[220,000 
] 
071 
0604932F 
LONG RANGE STANDOFF WEAPON .............................
95,604 
95,604 
072 
0604933F 
ICBM FUZE MODERNIZATION .......................................
189,751 
189,751 
073 
0605030F 
JOINT TACTICAL NETWORK CENTER (JTNC) ...........
1,131 
1,131 
074 
0605213F 
F–22 MODERNIZATION INCREMENT 3.2B ..................
70,290 
70,290 
075 
0605214F 
GROUND ATTACK WEAPONS FUZE DEVELOPMENT 
937 
937 
076 
0605221F 
KC–46 ...................................................................................
261,724 
121,724 
Scope Reduction ............................................................
[–140,000 
] 
077 
0605223F 
ADVANCED PILOT TRAINING ........................................
12,377 
7,377 
Early to need .................................................................
[–5,000 
] 
078 
0605229F 
CSAR HH–60 RECAPITALIZATION .................................
319,331 
304,331 
Forward financing ........................................................
[–15,000 
] 
080 
0605431F 
ADVANCED EHF MILSATCOM (SPACE) .......................
259,131 
229,131 
Delayed analysis of alternatives .................................
[–30,000 
] 
081 
0605432F 
POLAR MILSATCOM (SPACE) .........................................
50,815 
50,815 
082 
0605433F 
WIDEBAND GLOBAL SATCOM (SPACE) .......................
41,632 
51,632 
COMSATCOM pilot program ......................................
[10,000 
] 
083 
0605458F 
AIR & SPACE OPS CENTER 10.2 RDT&E ......................
28,911 
28,911 
084 
0605931F 
B–2 DEFENSIVE MANAGEMENT SYSTEM ..................
315,615 
288,915 
Scope Reduction ............................................................
[–26,700 
] 
085 
0101125F 
NUCLEAR WEAPONS MODERNIZATION .....................
137,909 
137,909 
086 
0207171F 
F–15 EPAWSS .....................................................................
256,669 
256,669 
087 
0207701F 
FULL COMBAT MISSION TRAINING .............................
12,051 
12,051 
088 
0305176F 
COMBAT SURVIVOR EVADER LOCATOR .....................
29,253 
29,253 
089 
0307581F 
JSTARS RECAP ..................................................................
128,019 
128,019 
090 
0401319F 
PRESIDENTIAL AIRCRAFT REPLACEMENT (PAR) ....
351,220 
351,220 
091 
0701212F 
AUTOMATED TEST SYSTEMS ........................................
19,062 
19,062 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
4,075,804 
3,941,432 
MANAGEMENT SUPPORT 
092 
0604256F 
THREAT SIMULATOR DEVELOPMENT ........................
21,630 
21,630 
093 
0604759F 
MAJOR T&E INVESTMENT .............................................
66,385 
66,385 
094 
0605101F 
RAND PROJECT AIR FORCE ...........................................
34,641 
34,641 
096 
0605712F 
INITIAL OPERATIONAL TEST & EVALUATION .........
11,529 
11,529 
097 
0605807F 
TEST AND EVALUATION SUPPORT ..............................
661,417 
661,417 
098 
0605860F 
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ......
11,198 
11,198 
099 
0605864F 
SPACE TEST PROGRAM (STP) ........................................
27,070 
27,070 
100 
0605976F 
FACILITIES 
RESTORATION 
AND 
MODERNIZA-
TION—TEST AND EVALUATION SUPPORT.
134,111 
134,111 
101 
0605978F 
FACILITIES SUSTAINMENT—TEST AND EVALUA-
TION SUPPORT.
28,091 
28,091 
102 
0606017F 
REQUIREMENTS ANALYSIS AND MATURATION ......
29,100 
29,100 
103 
0606116F 
SPACE TEST AND TRAINING RANGE DEVELOP-
MENT.
18,528 
18,528 
104 
0606392F 
SPACE AND MISSILE CENTER (SMC) CIVILIAN 
WORKFORCE.
176,666 
176,666 
105 
0308602F 
ENTEPRISE INFORMATION SERVICES (EIS) ..............
4,410 
4,410 
106 
0702806F 
ACQUISITION AND MANAGEMENT SUPPORT ...........
14,613 
14,613 
107 
0804731F 
GENERAL SKILL TRAINING ...........................................
1,404 
1,404 
109 
1001004F 
INTERNATIONAL ACTIVITIES .......................................
4,784 
4,784 
SUBTOTAL MANAGEMENT SUPPORT ..................
1,245,577 
1,245,577 
OPERATIONAL SYSTEMS DEVELOPMENT 
110 
0603423F 
GLOBAL POSITIONING SYSTEM III—OPERATIONAL 
CONTROL SEGMENT.
393,268 
393,268 
111 
0604233F 
SPECIALIZED UNDERGRADUATE FLIGHT TRAIN-
ING.
15,427 
15,427 
112 
0604445F 
WIDE AREA SURVEILLANCE .........................................
46,695 
46,695 
115 
0605018F 
AF INTEGRATED PERSONNEL AND PAY SYSTEM 
(AF-IPPS).
10,368 
10,368 
116 
0605024F 
ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 
31,952 
31,952 
117 
0605117F 
FOREIGN MATERIEL ACQUISITION AND EXPLOI-
TATION.
42,960 
42,960 
118 
0605278F 
HC/MC–130 RECAP RDT&E .............................................
13,987 
13,987 
119 
0101113F 
B–52 SQUADRONS .............................................................
78,267 
78,267 
120 
0101122F 
AIR-LAUNCHED CRUISE MISSILE (ALCM) ..................
453 
453 
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130 STAT. 2843 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
121 
0101126F 
B–1B SQUADRONS ............................................................
5,830 
5,830 
122 
0101127F 
B–2 SQUADRONS ...............................................................
152,458 
152,458 
123 
0101213F 
MINUTEMAN SQUADRONS .............................................
182,958 
182,958 
124 
0101313F 
STRAT WAR PLANNING SYSTEM—USSTRATCOM ....
39,148 
39,148 
126 
0101316F 
WORLDWIDE 
JOINT 
STRATEGIC 
COMMUNICA-
TIONS.
6,042 
6,042 
128 
0102110F 
UH–1N REPLACEMENT PROGRAM ...............................
14,116 
14,116 
129 
0102326F 
REGION/SECTOR OPERATION CONTROL CENTER 
MODERNIZATION PROGRAM.
10,868 
10,868 
130 
0105921F 
SERVICE SUPPORT TO STRATCOM—SPACE ACTIVI-
TIES.
8,674 
8,674 
131 
0205219F 
MQ–9 UAV ...........................................................................
151,373 
161,373 
Auto take-off and landing capability ..........................
[10,000 
] 
133 
0207131F 
A–10 SQUADRONS .............................................................
14,853 
14,853 
134 
0207133F 
F–16 SQUADRONS .............................................................
132,795 
132,795 
135 
0207134F 
F–15E SQUADRONS ..........................................................
356,717 
356,717 
136 
0207136F 
MANNED DESTRUCTIVE SUPPRESSION .....................
14,773 
14,773 
137 
0207138F 
F–22A SQUADRONS ..........................................................
387,564 
379,464 
Improved GPS ...............................................................
[–8,100 
] 
138 
0207142F 
F–35 SQUADRONS .............................................................
153,045 
147,545 
Follow-on development—excess funds ........................
[–5,500 
] 
139 
0207161F 
TACTICAL AIM MISSILES ...............................................
52,898 
52,898 
140 
0207163F 
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 
(AMRAAM).
62,470 
62,470 
143 
0207227F 
COMBAT RESCUE—PARARESCUE ................................
362 
362 
144 
0207247F 
AF TENCAP .........................................................................
28,413 
28,413 
145 
0207249F 
PRECISION ATTACK SYSTEMS PROCUREMENT .......
649 
649 
146 
0207253F 
COMPASS CALL .................................................................
13,723 
50,823 
Compass Call Program Restructure ...........................
[37,100 
] 
147 
0207268F 
AIRCRAFT ENGINE COMPONENT IMPROVEMENT 
PROGRAM.
109,859 
109,859 
148 
0207325F 
JOINT 
AIR-TO-SURFACE 
STANDOFF 
MISSILE 
(JASSM).
30,002 
30,002 
149 
0207410F 
AIR & SPACE OPERATIONS CENTER (AOC) ...............
37,621 
25,343 
Weapon system modification .......................................
[–12,278 
] 
150 
0207412F 
CONTROL AND REPORTING CENTER (CRC) ..............
13,292 
13,292 
151 
0207417F 
AIRBORNE WARNING AND CONTROL SYSTEM 
(AWACS).
86,644 
86,644 
152 
0207418F 
TACTICAL AIRBORNE CONTROL SYSTEMS ...............
2,442 
2,442 
154 
0207431F 
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 
10,911 
15,911 
Geospatial software development ................................
[5,000 
] 
155 
0207444F 
TACTICAL AIR CONTROL PARTY-MOD ........................
11,843 
11,843 
156 
0207448F 
C2ISR TACTICAL DATA LINK .........................................
1,515 
1,515 
157 
0207452F 
DCAPES ...............................................................................
14,979 
14,979 
158 
0207590F 
SEEK EAGLE ......................................................................
25,308 
25,308 
159 
0207601F 
USAF MODELING AND SIMULATION ...........................
16,666 
16,666 
160 
0207605F 
WARGAMING AND SIMULATION CENTERS ...............
4,245 
4,245 
161 
0207697F 
DISTRIBUTED TRAINING AND EXERCISES ................
3,886 
3,886 
162 
0208006F 
MISSION PLANNING SYSTEMS .....................................
71,785 
71,785 
164 
0208087F 
AF OFFENSIVE CYBERSPACE OPERATIONS ..............
25,025 
25,025 
165 
0208088F 
AF DEFENSIVE CYBERSPACE OPERATIONS .............
29,439 
29,439 
168 
0301017F 
GLOBAL SENSOR INTEGRATED ON NETWORK 
(GSIN).
3,470 
3,470 
169 
0301112F 
NUCLEAR PLANNING AND EXECUTION SYSTEM 
(NPES).
4,060 
4,060 
175 
0301400F 
SPACE SUPERIORITY INTELLIGENCE ........................
13,880 
13,880 
176 
0302015F 
E–4B NATIONAL AIRBORNE OPERATIONS CENTER 
(NAOC).
30,948 
30,948 
177 
0303001F 
FAMILY OF ADVANCED BLOS TERMINALS (FAB-T)
42,378 
42,378 
178 
0303131F 
MINIMUM ESSENTIAL EMERGENCY COMMUNICA-
TIONS NETWORK (MEECN).
47,471 
47,471 
179 
0303140F 
INFORMATION SYSTEMS SECURITY PROGRAM .......
46,388 
46,388 
180 
0303141F 
GLOBAL COMBAT SUPPORT SYSTEM ..........................
52 
52 
181 
0303142F 
GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 
2,099 
2,099 
184 
0304260F 
AIRBORNE SIGINT ENTERPRISE ..................................
90,762 
90,762 
187 
0305099F 
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) .........
4,354 
4,354 
188 
0305110F 
SATELLITE CONTROL NETWORK (SPACE) .................
15,624 
15,624 
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130 STAT. 2844 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
189 
0305111F 
WEATHER SERVICE .........................................................
19,974 
22,974 
Commercial Weather Pilot Program ...........................
[3,000 
] 
190 
0305114F 
AIR TRAFFIC CONTROL, APPROACH, AND LAND-
ING SYSTEM (ATCALS).
9,770 
9,770 
191 
0305116F 
AERIAL TARGETS .............................................................
3,051 
3,051 
194 
0305128F 
SECURITY AND INVESTIGATIVE ACTIVITIES ...........
405 
405 
195 
0305145F 
ARMS CONTROL IMPLEMENTATION ...........................
4,844 
4,844 
196 
0305146F 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
339 
339 
199 
0305173F 
SPACE AND MISSILE TEST AND EVALUATION 
CENTER.
3,989 
3,989 
200 
0305174F 
SPACE INNOVATION, INTEGRATION AND RAPID 
TECHNOLOGY DEVELOPMENT.
3,070 
3,070 
201 
0305179F 
INTEGRATED BROADCAST SERVICE (IBS) .................
8,833 
8,833 
202 
0305182F 
SPACELIFT RANGE SYSTEM (SPACE) ..........................
11,867 
11,867 
203 
0305202F 
DRAGON U–2 ......................................................................
37,217 
37,217 
205 
0305206F 
AIRBORNE RECONNAISSANCE SYSTEMS ..................
3,841 
18,841 
Wide area motion imagery ...........................................
[15,000 
] 
206 
0305207F 
MANNED RECONNAISSANCE SYSTEMS .....................
20,975 
20,975 
207 
0305208F 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
18,902 
18,902 
208 
0305220F 
RQ–4 UAV ............................................................................
256,307 
256,307 
209 
0305221F 
NETWORK-CENTRIC COLLABORATIVE TARGETING 
22,610 
22,610 
211 
0305238F 
NATO AGS ...........................................................................
38,904 
38,904 
212 
0305240F 
SUPPORT TO DCGS ENTERPRISE .................................
23,084 
23,084 
213 
0305258F 
ADVANCED EVALUATION PROGRAM ..........................
116,143 
116,143 
214 
0305265F 
GPS III SPACE SEGMENT ................................................
141,888 
141,888 
215 
0305600F 
INTERNATIONAL 
INTELLIGENCE 
TECHNOLOGY 
AND ARCHITECTURES.
2,360 
2,360 
216 
0305614F 
JSPOC MISSION SYSTEM ................................................
72,889 
72,889 
217 
0305881F 
RAPID CYBER ACQUISITION ..........................................
4,280 
4,280 
218 
0305906F 
NCMC—TW/AA SYSTEM ...................................................
4,951 
4,951 
219 
0305913F 
NUDET DETECTION SYSTEM (SPACE) ........................
21,093 
21,093 
220 
0305940F 
SPACE SITUATION AWARENESS OPERATIONS ........
35,002 
35,002 
222 
0308699F 
SHARED EARLY WARNING (SEW) .................................
6,366 
6,366 
223 
0401115F 
C–130 AIRLIFT SQUADRON ............................................
15,599 
15,599 
224 
0401119F 
C–5 AIRLIFT SQUADRONS (IF) .......................................
66,146 
66,146 
225 
0401130F 
C–17 AIRCRAFT (IF) ..........................................................
12,430 
12,430 
226 
0401132F 
C–130J PROGRAM ..............................................................
16,776 
16,776 
227 
0401134F 
LARGE 
AIRCRAFT 
IR 
COUNTERMEASURES 
(LAIRCM).
5,166 
5,166 
229 
0401314F 
OPERATIONAL SUPPORT AIRLIFT ...............................
13,817 
13,817 
230 
0401318F 
CV–22 ...................................................................................
16,702 
16,702 
231 
0408011F 
SPECIAL TACTICS / COMBAT CONTROL .....................
7,164 
7,164 
232 
0702207F 
DEPOT MAINTENANCE (NON-IF) ..................................
1,518 
1,518 
233 
0708610F 
LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ..
61,676 
61,676 
234 
0708611F 
SUPPORT SYSTEMS DEVELOPMENT ...........................
9,128 
9,128 
235 
0804743F 
OTHER FLIGHT TRAINING .............................................
1,653 
1,653 
236 
0808716F 
OTHER PERSONNEL ACTIVITIES .................................
57 
57 
237 
0901202F 
JOINT PERSONNEL RECOVERY AGENCY ...................
3,663 
3,663 
238 
0901218F 
CIVILIAN COMPENSATION PROGRAM ........................
3,735 
3,735 
239 
0901220F 
PERSONNEL ADMINISTRATION ....................................
5,157 
5,157 
240 
0901226F 
AIR FORCE STUDIES AND ANALYSIS AGENCY .........
1,523 
1,523 
242 
0901538F 
FINANCIAL MANAGEMENT INFORMATION SYS-
TEMS DEVELOPMENT.
10,581 
10,581 
242A 
9999999999 
CLASSIFIED PROGRAMS .................................................
13,091,557 
13,091,557 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
17,457,056 
17,501,278 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, AF.
28,112,251 
28,057,601 
RESEARCH, DEVELOPMENT, TEST & EVAL, DW 
BASIC RESEARCH 
001 
0601000BR 
DTRA BASIC RESEARCH INITIATIVE ...........................
35,436 
35,436 
002 
0601101E 
DEFENSE RESEARCH SCIENCES ..................................
362,297 
362,297 
003 
0601110D8Z 
BASIC RESEARCH INITIATIVES ....................................
36,654 
36,654 
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130 STAT. 2845 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
004 
0601117E 
BASIC 
OPERATIONAL 
MEDICAL 
RESEARCH 
SCIENCE.
57,791 
57,791 
005 
0601120D8Z 
NATIONAL DEFENSE EDUCATION PROGRAM ..........
69,345 
79,345 
K–12 STEM program increase ....................................
[10,000 
] 
006 
0601228D8Z 
HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES/MINORITY INSTITUTIONS.
23,572 
33,572 
Program increase ..........................................................
[10,000 
] 
007 
0601384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 
44,800 
44,800 
SUBTOTAL BASIC RESEARCH ................................
629,895 
649,895 
APPLIED RESEARCH 
008 
0602000D8Z 
JOINT MUNITIONS TECHNOLOGY ...............................
17,745 
17,745 
009 
0602115E 
BIOMEDICAL TECHNOLOGY ..........................................
115,213 
115,213 
010 
0602230D8Z 
DEFENSE TECHNOLOGY INNOVATION ......................
30,000 
0 
Program decrease .........................................................
[–30,000 
] 
011 
0602234D8Z 
LINCOLN LABORATORY RESEARCH PROGRAM .......
48,269 
48,269 
012 
0602251D8Z 
APPLIED RESEARCH FOR THE ADVANCEMENT OF 
S&T PRIORITIES.
42,206 
42,206 
013 
0602303E 
INFORMATION 
& 
COMMUNICATIONS 
TECH-
NOLOGY.
353,635 
353,635 
014 
0602383E 
BIOLOGICAL WARFARE DEFENSE ...............................
21,250 
21,250 
015 
0602384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 
188,715 
188,715 
016 
0602668D8Z 
CYBER SECURITY RESEARCH .......................................
12,183 
12,183 
017 
0602702E 
TACTICAL TECHNOLOGY ...............................................
313,843 
313,843 
018 
0602715E 
MATERIALS AND BIOLOGICAL TECHNOLOGY .........
220,456 
214,456 
Program reduction ........................................................
[–6,000 
] 
019 
0602716E 
ELECTRONICS TECHNOLOGY .......................................
221,911 
221,911 
020 
0602718BR 
WEAPONS OF MASS DESTRUCTION DEFEAT TECH-
NOLOGIES.
154,857 
154,857 
021 
0602751D8Z 
SOFTWARE ENGINEERING INSTITUTE (SEI) AP-
PLIED RESEARCH.
8,420 
8,420 
022 
1160401BB 
SOF TECHNOLOGY DEVELOPMENT ............................
37,820 
37,820 
SUBTOTAL APPLIED RESEARCH ..........................
1,786,523 
1,750,523 
ADVANCED TECHNOLOGY DEVELOPMENT 
023 
0603000D8Z 
JOINT MUNITIONS ADVANCED TECHNOLOGY ........
23,902 
23,902 
025 
0603122D8Z 
COMBATING TERRORISM TECHNOLOGY SUPPORT 
73,002 
73,002 
026 
0603133D8Z 
FOREIGN COMPARATIVE TESTING ..............................
19,343 
29,343 
Anti-tunnel defense systems ........................................
[10,000 
] 
027 
0603160BR 
COUNTERPROLIFERATION 
INITIATIVES—PRO-
LIFERATION PREVENTION AND DEFEAT.
266,444 
266,444 
028 
0603176C 
ADVANCED CONCEPTS AND PERFORMANCE AS-
SESSMENT.
17,880 
17,880 
030 
0603178C 
WEAPONS TECHNOLOGY ...............................................
71,843 
71,843 
031 
0603179C 
ADVANCED C4ISR .............................................................
3,626 
3,626 
032 
0603180C 
ADVANCED RESEARCH ...................................................
23,433 
23,433 
033 
0603225D8Z 
JOINT DOD-DOE MUNITIONS TECHNOLOGY DE-
VELOPMENT.
17,256 
17,256 
035 
0603274C 
SPECIAL PROGRAM—MDA TECHNOLOGY .................
83,745 
11,795 
Program reduction ........................................................
[–71,950 
] 
036 
0603286E 
ADVANCED AEROSPACE SYSTEMS ..............................
182,327 
182,327 
037 
0603287E 
SPACE PROGRAMS AND TECHNOLOGY ......................
175,240 
165,240 
Program reduction ........................................................
[–10,000 
] 
038 
0603288D8Z 
ANALYTIC ASSESSMENTS ..............................................
12,048 
12,048 
039 
0603289D8Z 
ADVANCED INNOVATIVE ANALYSIS AND CON-
CEPTS.
57,020 
57,020 
041 
0603375D8Z 
TECHNOLOGY INNOVATION ..........................................
39,923 
19,923 
Program decrease .........................................................
[–20,000 
] 
042 
0603384BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
PRO-
GRAM—ADVANCED DEVELOPMENT.
127,941 
127,941 
043 
0603527D8Z 
RETRACT LARCH ..............................................................
181,977 
181,977 
044 
0603618D8Z 
JOINT ELECTRONIC ADVANCED TECHNOLOGY ......
22,030 
22,030 
045 
0603648D8Z 
JOINT CAPABILITY TECHNOLOGY DEMONSTRA-
TIONS.
148,184 
132,184 
Program decrease .........................................................
[–16,000 
] 
046 
0603662D8Z 
NETWORKED COMMUNICATIONS CAPABILITIES ....
9,331 
9,331 
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130 STAT. 2846 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
047 
0603680D8Z 
DEFENSE-WIDE MANUFACTURING SCIENCE AND 
TECHNOLOGY PROGRAM.
158,398 
158,398 
048 
0603680S 
MANUFACTURING TECHNOLOGY PROGRAM ...........
31,259 
31,259 
049 
0603699D8Z 
EMERGING CAPABILITIES TECHNOLOGY DEVEL-
OPMENT.
49,895 
49,895 
050 
0603712S 
GENERIC LOGISTICS R&D TECHNOLOGY DEM-
ONSTRATIONS.
11,011 
11,011 
052 
0603716D8Z 
STRATEGIC ENVIRONMENTAL RESEARCH PRO-
GRAM.
65,078 
65,078 
053 
0603720S 
MICROELECTRONICS 
TECHNOLOGY 
DEVELOP-
MENT AND SUPPORT.
97,826 
97,826 
054 
0603727D8Z 
JOINT WARFIGHTING PROGRAM .................................
7,848 
5,348 
Prior year carryover .....................................................
[–2,500 
] 
055 
0603739E 
ADVANCED ELECTRONICS TECHNOLOGIES .............
49,807 
49,807 
056 
0603760E 
COMMAND, CONTROL AND COMMUNICATIONS 
SYSTEMS.
155,081 
155,081 
057 
0603766E 
NETWORK-CENTRIC WARFARE TECHNOLOGY ........
428,894 
428,894 
058 
0603767E 
SENSOR TECHNOLOGY ...................................................
241,288 
241,288 
060 
0603781D8Z 
SOFTWARE ENGINEERING INSTITUTE ......................
14,264 
14,264 
061 
0603826D8Z 
QUICK REACTION SPECIAL PROJECTS ......................
74,943 
72,943 
QRSP .............................................................................
[–2,000 
] 
063 
0603833D8Z 
ENGINEERING SCIENCE & TECHNOLOGY ................
17,659 
17,659 
064 
0603941D8Z 
TEST & EVALUATION SCIENCE & TECHNOLOGY ....
87,135 
87,135 
065 
0604055D8Z 
OPERATIONAL ENERGY CAPABILITY IMPROVE-
MENT.
37,329 
41,329 
Competitive technology investment ............................
[4,000 
] 
066 
0303310D8Z 
CWMD SYSTEMS ...............................................................
44,836 
21,236 
Constellation program reduction .................................
[–23,600 
] 
067 
1160402BB 
SOF ADVANCED TECHNOLOGY DEVELOPMENT ......
61,620 
61,620 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
3,190,666 
3,058,616 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
ADVANCED COMPONENT DEVELOPMENT AND 
PROTOTYPES 
068 
0603161D8Z 
NUCLEAR AND CONVENTIONAL PHYSICAL SECU-
RITY EQUIPMENT RDT&E ADC&P.
28,498 
28,498 
069 
0603600D8Z 
WALKOFF ............................................................................
89,643 
89,643 
071 
0603821D8Z 
ACQUISITION ENTERPRISE DATA & INFORMATION 
SERVICES.
2,136 
2,136 
072 
0603851D8Z 
ENVIRONMENTAL SECURITY TECHNICAL CER-
TIFICATION PROGRAM.
52,491 
52,491 
073 
0603881C 
BALLISTIC MISSILE DEFENSE TERMINAL DE-
FENSE SEGMENT.
206,834 
206,834 
074 
0603882C 
BALLISTIC MISSILE DEFENSE MIDCOURSE DE-
FENSE SEGMENT.
862,080 
862,080 
075 
0603884BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
PRO-
GRAM—DEM/VAL.
138,187 
138,187 
076 
0603884C 
BALLISTIC MISSILE DEFENSE SENSORS ...................
230,077 
230,077 
077 
0603890C 
BMD ENABLING PROGRAMS ..........................................
401,594 
401,594 
078 
0603891C 
SPECIAL PROGRAMS—MDA ...........................................
321,607 
304,707 
Program reduction ........................................................
[–16,900 
] 
079 
0603892C 
AEGIS BMD .........................................................................
959,066 
939,066 
SM–3 IIA development excess growth ........................
[–20,000 
] 
080 
0603893C 
SPACE TRACKING & SURVEILLANCE SYSTEM .........
32,129 
32,129 
081 
0603895C 
BALLISTIC MISSILE DEFENSE SYSTEM SPACE 
PROGRAMS.
20,690 
20,690 
082 
0603896C 
BALLISTIC MISSILE DEFENSE COMMAND AND 
CONTROL, 
BATTLE 
MANAGEMENT 
AND 
COMMUNICATI.
439,617 
443,517 
Post Intercept Assessment Acceleration .....................
[3,900 
] 
083 
0603898C 
BALLISTIC 
MISSILE 
DEFENSE 
JOINT 
WARFIGHTER SUPPORT.
47,776 
47,776 
084 
0603904C 
MISSILE DEFENSE INTEGRATION & OPERATIONS 
CENTER (MDIOC).
54,750 
54,750 
085 
0603906C 
REGARDING TRENCH ......................................................
8,785 
8,785 
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130 STAT. 2847 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
086 
0603907C 
SEA BASED X-BAND RADAR (SBX) ................................
68,787 
68,787 
087 
0603913C 
ISRAELI COOPERATIVE PROGRAMS ............................
103,835 
268,735 
Increase for Cooperative Development Programs 
subject to Title XVI.
[164,900 
] 
088 
0603914C 
BALLISTIC MISSILE DEFENSE TEST ...........................
293,441 
293,441 
089 
0603915C 
BALLISTIC MISSILE DEFENSE TARGETS ...................
563,576 
563,576 
090 
0603920D8Z 
HUMANITARIAN DEMINING ..........................................
10,007 
10,007 
091 
0603923D8Z 
COALITION WARFARE .....................................................
10,126 
10,126 
092 
0604016D8Z 
DEPARTMENT OF DEFENSE CORROSION PRO-
GRAM.
3,893 
8,893 
Corrosion prevention ....................................................
[5,000 
] 
093 
0604115C 
TECHNOLOGY MATURATION INITIATIVES ...............
90,266 
90,266 
094 
0604132D8Z 
MISSILE DEFEAT PROJECT ...........................................
45,000 
45,000 
095 
0604250D8Z 
ADVANCED INNOVATIVE TECHNOLOGIES ................
844,870 
829,870 
SCO ................................................................................
[–15,000 
] 
097 
0604400D8Z 
DEPARTMENT OF DEFENSE (DOD) UNMANNED 
SYSTEM COMMON DEVELOPMENT.
3,320 
3,320 
099 
0604682D8Z 
WARGAMING 
AND 
SUPPORT 
FOR 
STRATEGIC 
ANALYSIS (SSA).
4,000 
4,000 
102 
0604826J 
JOINT C5 CAPABILITY DEVELOPMENT, INTEGRA-
TION AND INTEROPERABILITY ASSESSMENTS.
23,642 
23,642 
104 
0604873C 
LONG RANGE DISCRIMINATION RADAR (LRDR) ......
162,012 
162,012 
105 
0604874C 
IMPROVED HOMELAND DEFENSE INTERCEPTORS 
274,148 
274,148 
106 
0604876C 
BALLISTIC MISSILE DEFENSE TERMINAL DE-
FENSE SEGMENT TEST.
63,444 
63,444 
107 
0604878C 
AEGIS BMD TEST ..............................................................
95,012 
95,012 
108 
0604879C 
BALLISTIC MISSILE DEFENSE SENSOR TEST ..........
83,250 
83,250 
109 
0604880C 
LAND-BASED SM–3 (LBSM3) ...........................................
43,293 
43,293 
110 
0604881C 
AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT .............
106,038 
106,038 
111 
0604887C 
BALLISTIC MISSILE DEFENSE MIDCOURSE SEG-
MENT TEST.
56,481 
56,481 
112 
0604894C 
MULTI-OBJECT KILL VEHICLE .....................................
71,513 
71,513 
114 
0303191D8Z 
JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 
PROGRAM.
2,636 
2,636 
115 
0305103C 
CYBER SECURITY INITIATIVE ......................................
969 
969 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT AND PROTOTYPES.
6,919,519 
7,041,419 
115A 
0604XXXD 
WEATHER SYSTEM FOLLOW-ON ..................................
5,000 
Transfer 
Cloud 
Characterization 
and 
Theater 
Weather Imagery from USAF.
[5,000 
] 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
0 
5,000 
SYSTEM DEVELOPMENT AND DEMONSTRATION 
116 
0604161D8Z 
NUCLEAR AND CONVENTIONAL PHYSICAL SECU-
RITY EQUIPMENT RDT&E SDD.
10,324 
10,324 
117 
0604165D8Z 
PROMPT GLOBAL STRIKE CAPABILITY DEVELOP-
MENT.
181,303 
181,303 
118 
0604384BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
PRO-
GRAM—EMD.
266,231 
266,231 
120 
0604771D8Z 
JOINT TACTICAL INFORMATION DISTRIBUTION 
SYSTEM (JTIDS).
16,288 
16,288 
121 
0605000BR 
WEAPONS OF MASS DESTRUCTION DEFEAT CAPA-
BILITIES.
4,568 
4,568 
122 
0605013BL 
INFORMATION TECHNOLOGY DEVELOPMENT ........
11,505 
11,505 
123 
0605021SE 
HOMELAND PERSONNEL SECURITY INITIATIVE ....
1,658 
1,658 
124 
0605022D8Z 
DEFENSE EXPORTABILITY PROGRAM ........................
2,920 
2,920 
126 
0605070S 
DOD ENTERPRISE SYSTEMS DEVELOPMENT AND 
DEMONSTRATION.
12,631 
12,631 
128 
0605080S 
DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL 
SYSTEM.
26,657 
26,657 
129 
0605090S 
DEFENSE RETIRED AND ANNUITANT PAY SYSTEM 
(DRAS).
4,949 
4,949 
130 
0605140D8Z 
TRUSTED FOUNDRY ........................................................
69,000 
69,000 
131 
0605210D8Z 
DEFENSE-WIDE ELECTRONIC PROCUREMENT CA-
PABILITIES.
9,881 
9,881 
132 
0303141K 
GLOBAL COMBAT SUPPORT SYSTEM ..........................
7,600 
7,600 
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130 STAT. 2848 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
133 
0305304D8Z 
DOD ENTERPRISE ENERGY INFORMATION MAN-
AGEMENT (EEIM).
2,703 
2,703 
SUBTOTAL 
SYSTEM 
DEVELOPMENT 
AND 
DEMONSTRATION.
628,218 
628,218 
MANAGEMENT SUPPORT 
134 
0604774D8Z 
DEFENSE READINESS REPORTING SYSTEM (DRRS) 
4,678 
4,678 
135 
0604875D8Z 
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ..
4,499 
4,499 
136 
0604940D8Z 
CENTRAL TEST AND EVALUATION INVESTMENT 
DEVELOPMENT (CTEIP).
219,199 
219,199 
137 
0604942D8Z 
ASSESSMENTS AND EVALUATIONS ............................
28,706 
28,706 
138 
0605001E 
MISSION SUPPORT ...........................................................
69,244 
69,244 
139 
0605100D8Z 
JOINT MISSION ENVIRONMENT TEST CAPABILITY 
(JMETC).
87,080 
67,080 
Prior year carryover and minimize growth ................
[–20,000 
] 
140 
0605104D8Z 
TECHNICAL STUDIES, SUPPORT AND ANALYSIS ....
23,069 
23,069 
142 
0605126J 
JOINT INTEGRATED AIR AND MISSILE DEFENSE 
ORGANIZATION (JIAMDO).
32,759 
32,759 
144 
0605142D8Z 
SYSTEMS ENGINEERING ................................................
32,429 
32,429 
145 
0605151D8Z 
STUDIES AND ANALYSIS SUPPORT—OSD ..................
3,797 
3,797 
146 
0605161D8Z 
NUCLEAR MATTERS-PHYSICAL SECURITY ...............
5,302 
5,302 
147 
0605170D8Z 
SUPPORT TO NETWORKS AND INFORMATION IN-
TEGRATION.
7,246 
7,246 
148 
0605200D8Z 
GENERAL SUPPORT TO USD (INTELLIGENCE) .........
1,874 
1,874 
149 
0605384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 
85,754 
85,754 
158 
0605790D8Z 
SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ 
SMALL BUSINESS TECHNOLOGY TRANSFER.
2,187 
2,187 
159 
0605798D8Z 
DEFENSE TECHNOLOGY ANALYSIS ............................
22,650 
22,650 
160 
0605801KA 
DEFENSE 
TECHNICAL 
INFORMATION 
CENTER 
(DTIC).
43,834 
43,834 
161 
0605803SE 
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 
AND EVALUATION.
22,240 
22,240 
162 
0605804D8Z 
DEVELOPMENT TEST AND EVALUATION ..................
19,541 
23,541 
Program increase ..........................................................
[4,000 
] 
163 
0605898E 
MANAGEMENT HQ—R&D ...............................................
4,759 
4,759 
164 
0605998KA 
MANAGEMENT HQ—DEFENSE TECHNICAL INFOR-
MATION CENTER (DTIC).
4,400 
4,400 
165 
0606100D8Z 
BUDGET AND PROGRAM ASSESSMENTS ...................
4,014 
4,014 
166 
0203345D8Z 
DEFENSE 
OPERATIONS 
SECURITY 
INITIATIVE 
(DOSI).
2,072 
2,072 
167 
0204571J 
JOINT STAFF ANALYTICAL SUPPORT .........................
7,464 
7,464 
170 
0303166J 
SUPPORT TO INFORMATION OPERATIONS (IO) CA-
PABILITIES.
857 
857 
171 
0303260D8Z 
DEFENSE MILITARY DECEPTION PROGRAM OF-
FICE (DMDPO).
916 
916 
172 
0305172K 
COMBINED ADVANCED APPLICATIONS .....................
15,336 
15,336 
173 
0305193D8Z 
CYBER INTELLIGENCE ...................................................
18,523 
13,523 
Program decrease .........................................................
[–5,000 
] 
175 
0804767D8Z 
COCOM EXERCISE ENGAGEMENT AND TRAINING 
TRANSFORMATION (CE2T2)—MHA.
34,384 
34,384 
176 
0901598C 
MANAGEMENT HQ—MDA ...............................................
31,160 
31,160 
179 
0903235D8W 
JOINT SERVICE PROVIDER (JSP) ..................................
827 
827 
180A 
9999999999 
CLASSIFIED PROGRAMS .................................................
56,799 
56,799 
SUBTOTAL MANAGEMENT SUPPORT ..................
897,599 
876,599 
OPERATIONAL SYSTEM DEVELOPMENT 
181 
0604130V 
ENTERPRISE SECURITY SYSTEM (ESS) ......................
4,241 
4,241 
182 
0605127T 
REGIONAL INTERNATIONAL OUTREACH (RIO) AND 
PARTNERSHIP FOR PEACE INFORMATION MANA.
1,424 
1,424 
183 
0605147T 
OVERSEAS HUMANITARIAN ASSISTANCE SHARED 
INFORMATION SYSTEM (OHASIS).
287 
287 
184 
0607210D8Z 
INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT 
SUPPORT.
16,195 
16,195 
185 
0607310D8Z 
CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVEL-
OPMENT.
4,194 
4,194 
186 
0607327T 
GLOBAL THEATER SECURITY COOPERATION MAN-
AGEMENT INFORMATION SYSTEMS (G-TSCMIS).
7,861 
7,861 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
187 
0607384BP 
CHEMICAL AND BIOLOGICAL DEFENSE (OPER-
ATIONAL SYSTEMS DEVELOPMENT).
33,361 
33,361 
189 
0208043J 
PLANNING AND DECISION AID SYSTEM (PDAS) ......
3,038 
3,038 
190 
0208045K 
C4I INTEROPERABILITY .................................................
57,501 
57,501 
192 
0301144K 
JOINT/ALLIED COALITION INFORMATION SHAR-
ING.
5,935 
5,935 
196 
0302016K 
NATIONAL MILITARY COMMAND SYSTEM-WIDE 
SUPPORT.
575 
575 
197 
0302019K 
DEFENSE INFO INFRASTRUCTURE ENGINEERING 
AND INTEGRATION.
18,041 
18,041 
198 
0303126K 
LONG-HAUL COMMUNICATIONS—DCS ......................
13,994 
13,994 
199 
0303131K 
MINIMUM ESSENTIAL EMERGENCY COMMUNICA-
TIONS NETWORK (MEECN).
12,206 
12,206 
200 
0303135G 
PUBLIC KEY INFRASTRUCTURE (PKI) ........................
34,314 
34,314 
201 
0303136G 
KEY MANAGEMENT INFRASTRUCTURE (KMI) .........
36,602 
36,602 
202 
0303140D8Z 
INFORMATION SYSTEMS SECURITY PROGRAM .......
8,876 
8,876 
203 
0303140G 
INFORMATION SYSTEMS SECURITY PROGRAM .......
159,068 
161,068 
SHARKSEER Program Increase .................................
[2,000 
] 
204 
0303150K 
GLOBAL COMMAND AND CONTROL SYSTEM ...........
24,438 
24,438 
205 
0303153K 
DEFENSE SPECTRUM ORGANIZATION .......................
13,197 
13,197 
207 
0303228K 
JOINT INFORMATION ENVIRONMENT (JIE) ..............
2,789 
2,789 
209 
0303430K 
FEDERAL INVESTIGATIVE SERVICES INFORMA-
TION TECHNOLOGY.
75,000 
75,000 
210 
0303610K 
TELEPORT PROGRAM ......................................................
657 
657 
215 
0305103K 
CYBER SECURITY INITIATIVE ......................................
1,553 
1,553 
220 
0305186D8Z 
POLICY R&D PROGRAMS ................................................
6,204 
4,204 
Program decrease .........................................................
[–2,000 
] 
221 
0305199D8Z 
NET CENTRICITY ..............................................................
17,971 
17,971 
223 
0305208BB 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
5,415 
5,415 
226 
0305208K 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
3,030 
3,030 
229 
0305327V 
INSIDER THREAT ..............................................................
5,034 
5,034 
230 
0305387D8Z 
HOMELAND DEFENSE TECHNOLOGY TRANSFER 
PROGRAM.
2,037 
2,037 
236 
0307577D8Z 
INTELLIGENCE MISSION DATA (IMD) .........................
13,800 
13,800 
238 
0708012S 
PACIFIC DISASTER CENTERS ........................................
1,754 
1,754 
239 
0708047S 
DEFENSE PROPERTY ACCOUNTABILITY SYSTEM ...
2,154 
2,154 
240 
0902298J 
MANAGEMENT HQ—OJCS ..............................................
826 
826 
241 
1105219BB 
MQ–9 UAV ...........................................................................
17,804 
17,804 
244 
1160403BB 
AVIATION SYSTEMS .........................................................
159,143 
159,143 
245 
1160405BB 
INTELLIGENCE SYSTEMS DEVELOPMENT ................
7,958 
7,958 
246 
1160408BB 
OPERATIONAL ENHANCEMENTS .................................
64,895 
64,895 
247 
1160431BB 
WARRIOR SYSTEMS .........................................................
44,885 
44,885 
248 
1160432BB 
SPECIAL PROGRAMS ........................................................
1,949 
1,949 
249 
1160434BB 
UNMANNED ISR ................................................................
22,117 
22,117 
250 
1160480BB 
SOF TACTICAL VEHICLES ..............................................
3,316 
3,316 
251 
1160483BB 
MARITIME SYSTEMS ........................................................
54,577 
54,577 
252 
1160489BB 
GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...........
3,841 
3,841 
253 
1160490BB 
OPERATIONAL ENHANCEMENTS INTELLIGENCE ...
11,834 
11,834 
253A 
9999999999 
CLASSIFIED PROGRAMS .................................................
3,270,515 
3,270,515 
SUBTOTAL OPERATIONAL SYSTEM DEVELOP-
MENT.
4,256,406 
4,256,406 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, DW.
18,308,826 
18,266,676 
OPERATIONAL TEST & EVAL, DEFENSE 
MANAGEMENT SUPPORT 
001 
0605118OTE 
OPERATIONAL TEST AND EVALUATION ....................
78,047 
78,047 
002 
0605131OTE 
LIVE FIRE TEST AND EVALUATION ............................
48,316 
48,316 
003 
0605814OTE 
OPERATIONAL TEST ACTIVITIES AND ANALYSES ..
52,631 
52,631 
SUBTOTAL MANAGEMENT SUPPORT ..................
178,994 
178,994 
TOTAL OPERATIONAL TEST & EVAL, DE-
FENSE.
178,994 
178,994 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
TOTAL RDT&E .......................................................
71,391,771 
71,110,624 
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 
OVERSEAS CONTINGENCY OPERATIONS. 
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-
GENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
055 
0603308A 
ARMY SPACE SYSTEMS INTEGRATION ........................
9,375 
9,375 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
9,375 
9,375 
SYSTEM DEVELOPMENT & DEMONSTRATION 
091 
0604741A 
AIR DEFENSE COMMAND, CONTROL AND INTEL-
LIGENCE—ENG DEV.
78,700 
78,700 
114 
0605032A 
TRACTOR TIRE ....................................................................
10,000 
10,000 
117 
0605035A 
COMMON INFRARED COUNTERMEASURES (CIRCM) 
10,900 
10,900 
119 
0605041A 
DEFENSIVE CYBER TOOL DEVELOPMENT ..................
50,500 
50,500 
122 
0605051A 
AIRCRAFT SURVIVABILITY DEVELOPMENT ...............
73,110 
73,110 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
223,210 
223,210 
OPERATIONAL SYSTEMS DEVELOPMENT 
208 
0307665A 
BIOMETRICS ENABLED INTELLIGENCE ......................
7,104 
7,104 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
7,104 
7,104 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, ARMY.
239,689 
239,689 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
038 
0603527N 
RETRACT LARCH ................................................................
3,907 
3,907 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
3,907 
3,907 
OPERATIONAL SYSTEMS DEVELOPMENT 
245A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
36,426 
36,426 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
36,426 
36,426 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, NAVY.
40,333 
40,333 
SYSTEM DEVELOPMENT & DEMONSTRATION 
058 
0604421F 
COUNTERSPACE SYSTEMS ..............................................
425 
425 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
425 
425 
OPERATIONAL SYSTEMS DEVELOPMENT 
200 
0305174F 
SPACE INNOVATION, INTEGRATION AND RAPID 
TECHNOLOGY DEVELOPMENT.
4,715 
4,715 
242A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
27,765 
27,765 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
32,480 
32,480 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, AF.
32,905 
32,905 
OPERATIONAL SYSTEM DEVELOPMENT 
253A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
165,419 
165,419 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-
GENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
SUBTOTAL OPERATIONAL SYSTEM DEVEL-
OPMENT.
165,419 
165,419 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, DW.
165,419 
165,419 
TOTAL RDT&E ........................................................
478,346 
478,346 
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 
OVERSEAS 
CONTINGENCY 
OPERATIONS 
FOR 
BASE 
REQUIREMENTS. 
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-
GENCY OPERATIONS FOR BASE OPERATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2017 
Request 
Conference 
Authorized 
RESEARCH, 
DEVELOPMENT, 
TEST 
& 
EVAL, 
ARMY 
SYSTEM DEVELOPMENT & DEMONSTRATION 
090 
0604715A 
NON-SYSTEM TRAINING DEVICES—ENG DEV ...........
33 
33 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
33 
33 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, ARMY.
33 
33 
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
078 
0604272N 
TACTICAL AIR DIRECTIONAL INFRARED COUNTER-
MEASURES (TADIRCM).
37,990 
37,990 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
37,990 
37,990 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, NAVY.
37,990 
37,990 
TOTAL RDT&E ........................................................
38,023 
38,023 
TITLE XLIII—OPERATION AND 
MAINTENANCE 
SEC. 4301. OPERATION AND MAINTENANCE. 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, ARMY 
OPERATING FORCES 
010 
MANEUVER UNITS .......................................................
791,450 
841,450 
Home station training unfunded requirement ......
[50,000 
] 
020 
MODULAR SUPPORT BRIGADES ...............................
68,373 
68,373 
030 
ECHELONS ABOVE BRIGADE ....................................
438,823 
438,823 
040 
THEATER LEVEL ASSETS ..........................................
660,258 
660,258 
050 
LAND FORCES OPERATIONS SUPPORT ..................
863,928 
863,928 
060 
AVIATION ASSETS ........................................................
1,360,597 
1,461,097 
Eleventh CAB ...........................................................
[32,500 
] 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
Flying hour program unfunded requirement .........
[68,000 
] 
070 
FORCE READINESS OPERATIONS SUPPORT .........
3,086,443 
3,086,443 
080 
LAND FORCES SYSTEMS READINESS .....................
439,488 
439,488 
090 
LAND FORCES DEPOT MAINTENANCE ..................
1,013,452 
1,032,852 
Depot maintenance unfunded requirement ...........
[19,400 
] 
100 
BASE OPERATIONS SUPPORT ...................................
7,816,343 
7,838,443 
Eleventh CAB Support ............................................
[22,100 
] 
110 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
2,234,546 
2,319,946 
Restore Sustainment shortfalls ...............................
[85,400 
] 
120 
MANAGEMENT 
AND 
OPERATIONAL 
HEAD-
QUARTERS ..................................................................
452,105 
452,105 
130 
COMBATANT COMMANDERS CORE OPERATIONS 
155,658 
155,658 
170 
COMBATANT COMMANDS DIRECT MISSION SUP-
PORT ............................................................................
441,143 
441,143 
SUBTOTAL OPERATING FORCES ..................
19,822,607 
20,100,007 
MOBILIZATION 
180 
STRATEGIC MOBILITY ................................................
336,329 
336,329 
190 
ARMY PREPOSITIONED STOCKS ..............................
390,848 
415,848 
Program increase .....................................................
[25,000 
] 
200 
INDUSTRIAL PREPAREDNESS ..................................
7,401 
7,401 
SUBTOTAL MOBILIZATION .............................
734,578 
759,578 
TRAINING AND RECRUITING 
210 
OFFICER ACQUISITION ..............................................
131,942 
131,942 
220 
RECRUIT TRAINING ....................................................
47,846 
47,846 
230 
ONE STATION UNIT TRAINING ................................
45,419 
45,419 
240 
SENIOR RESERVE OFFICERS TRAINING CORPS ..
482,747 
482,747 
250 
SPECIALIZED SKILL TRAINING ................................
921,025 
927,525 
Defense Foreign Language Program ......................
[6,500 
] 
260 
FLIGHT TRAINING .......................................................
902,845 
945,779 
Graduate pilot training unfunded requirement ....
[5,405 
] 
School Air OPTEMPO unfunded requirement .......
[31,125 
] 
Train full ARPINT load of 990 ...............................
[6,404 
] 
270 
PROFESSIONAL DEVELOPMENT EDUCATION .....
216,583 
248,183 
Military Training and PME ....................................
[31,600 
] 
280 
TRAINING SUPPORT ....................................................
607,534 
607,534 
290 
RECRUITING AND ADVERTISING ............................
550,599 
525,599 
Unjustified program growth ....................................
[–25,000 
] 
300 
EXAMINING ...................................................................
187,263 
187,263 
310 
OFF-DUTY AND VOLUNTARY EDUCATION ............
189,556 
189,556 
320 
CIVILIAN EDUCATION AND TRAINING ..................
182,835 
182,835 
330 
JUNIOR RESERVE OFFICER TRAINING CORPS ....
171,167 
171,167 
SUBTOTAL TRAINING AND RECRUITING ..
4,637,361 
4,693,395 
ADMIN & SRVWIDE ACTIVITIES 
350 
SERVICEWIDE TRANSPORTATION ...........................
230,739 
295,739 
Restore cricital shortfalls ........................................
[65,000 
] 
360 
CENTRAL SUPPLY ACTIVITIES .................................
850,060 
850,060 
370 
LOGISTIC SUPPORT ACTIVITIES ..............................
778,757 
778,757 
380 
AMMUNITION MANAGEMENT ..................................
370,010 
370,010 
390 
ADMINISTRATION ........................................................
451,556 
451,556 
400 
SERVICEWIDE COMMUNICATIONS .........................
1,888,123 
1,888,123 
410 
MANPOWER MANAGEMENT ......................................
276,403 
276,403 
420 
OTHER PERSONNEL SUPPORT .................................
369,443 
369,443 
430 
OTHER SERVICE SUPPORT ........................................
1,096,074 
1,096,074 
440 
ARMY CLAIMS ACTIVITIES ........................................
207,800 
207,800 
450 
REAL ESTATE MANAGEMENT ..................................
240,641 
240,641 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
460 
FINANCIAL MANAGEMENT AND AUDIT READI-
NESS ............................................................................
250,612 
250,612 
470 
INTERNATIONAL MILITARY HEADQUARTERS .....
416,587 
416,587 
480 
MISC. SUPPORT OF OTHER NATIONS .....................
36,666 
36,666 
530 
CLASSIFIED PROGRAMS .............................................
1,151,023 
1,151,023 
SUBTOTAL ADMIN & SRVWIDE ACTIVI-
TIES ......................................................................
8,614,494 
8,679,494 
UNDISTRIBUTED 
540 
UNDISTRIBUTED ..........................................................
–400,200 
Excessive standard price for fuel ............................
[–56,100 
] 
Foreign Currency adjustments ...............................
[–194,100 
] 
Working Capital Fund Carryover Above Allow-
able Ceiling ...........................................................
[–150,000 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–400,200 
TOTAL OPERATION & MAINTENANCE, 
ARMY ................................................................
33,809,040 
33,832,274 
OPERATION & MAINTENANCE, ARMY RES 
OPERATING FORCES 
010 
MODULAR SUPPORT BRIGADES ...............................
11,435 
11,435 
020 
ECHELONS ABOVE BRIGADE ....................................
491,772 
511,772 
Home station training unfunded requirement ......
[20,000 
] 
030 
THEATER LEVEL ASSETS ..........................................
116,163 
116,163 
040 
LAND FORCES OPERATIONS SUPPORT ..................
563,524 
563,524 
050 
AVIATION ASSETS ........................................................
91,162 
91,162 
060 
FORCE READINESS OPERATIONS SUPPORT .........
347,459 
347,659 
Defense Language Program ....................................
[200 
] 
070 
LAND FORCES SYSTEMS READINESS .....................
101,926 
101,926 
080 
LAND FORCES DEPOT MAINTENANCE ..................
56,219 
56,219 
090 
BASE OPERATIONS SUPPORT ...................................
573,843 
573,843 
100 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
214,955 
223,055 
Restore Sustainment shortfalls ...............................
[8,100 
] 
110 
MANAGEMENT 
AND 
OPERATIONAL 
HEAD-
QUARTERS ..................................................................
37,620 
37,620 
SUBTOTAL OPERATING FORCES ..................
2,606,078 
2,634,378 
ADMIN & SRVWD ACTIVITIES 
120 
SERVICEWIDE TRANSPORTATION ...........................
11,027 
11,027 
130 
ADMINISTRATION ........................................................
16,749 
16,749 
140 
SERVICEWIDE COMMUNICATIONS .........................
17,825 
17,825 
150 
MANPOWER MANAGEMENT ......................................
6,177 
6,177 
160 
RECRUITING AND ADVERTISING ............................
54,475 
54,475 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
106,253 
106,253 
UNDISTRIBUTED 
180 
UNDISTRIBUTED ..........................................................
–6,800 
Excessive standard price for fuel ............................
[–6,800 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–6,800 
TOTAL OPERATION & MAINTENANCE, 
ARMY RES .......................................................
2,712,331 
2,733,831 
OPERATION & MAINTENANCE, ARNG 
OPERATING FORCES 
010 
MANEUVER UNITS .......................................................
708,251 
758,251 
Home station training unfunded requirement ......
[50,000 
] 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
020 
MODULAR SUPPORT BRIGADES ...............................
197,251 
197,251 
030 
ECHELONS ABOVE BRIGADE ....................................
792,271 
792,271 
040 
THEATER LEVEL ASSETS ..........................................
80,341 
80,341 
050 
LAND FORCES OPERATIONS SUPPORT ..................
37,138 
37,138 
060 
AVIATION ASSETS ........................................................
887,625 
884,825 
Unjustified program growth ....................................
[–2,800 
] 
070 
FORCE READINESS OPERATIONS SUPPORT .........
696,267 
690,152 
Defense Language Program ....................................
[200 
] 
Unjustified program growth ....................................
[–6,315 
] 
080 
LAND FORCES SYSTEMS READINESS .....................
61,240 
61,240 
090 
LAND FORCES DEPOT MAINTENANCE ..................
219,948 
219,948 
100 
BASE OPERATIONS SUPPORT ...................................
1,040,012 
1,040,012 
110 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
676,715 
691,115 
Restore Sustainment shortfalls ...............................
[14,400 
] 
120 
MANAGEMENT 
AND 
OPERATIONAL 
HEAD-
QUARTERS ..................................................................
1,021,144 
1,021,144 
SUBTOTAL OPERATING FORCES ..................
6,418,203 
6,473,688 
ADMIN & SRVWD ACTIVITIES 
130 
SERVICEWIDE TRANSPORTATION ...........................
6,396 
6,396 
140 
ADMINISTRATION ........................................................
68,528 
69,678 
State Partnership Program .....................................
[1,150 
] 
150 
SERVICEWIDE COMMUNICATIONS .........................
76,524 
76,524 
160 
MANPOWER MANAGEMENT ......................................
7,712 
7,712 
170 
OTHER PERSONNEL SUPPORT .................................
245,046 
245,046 
180 
REAL ESTATE MANAGEMENT ..................................
2,961 
2,961 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
407,167 
408,317 
UNDISTRIBUTED 
190 
UNDISTRIBUTED ..........................................................
–29,000 
Excessive standard price for fuel ............................
[–29,000 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–29,000 
TOTAL OPERATION & MAINTENANCE, 
ARNG ................................................................
6,825,370 
6,853,005 
OPERATION & MAINTENANCE, NAVY 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS ........
4,094,765 
4,094,765 
020 
FLEET AIR TRAINING .................................................
1,722,473 
1,722,473 
030 
AVIATION TECHNICAL DATA & ENGINEERING 
SERVICES ...................................................................
52,670 
52,670 
040 
AIR OPERATIONS AND SAFETY SUPPORT .............
97,584 
97,584 
050 
AIR SYSTEMS SUPPORT .............................................
446,733 
453,233 
Marine Corps unfunded requirement—accelerate 
readiness - H–1 .....................................................
[5,300 
] 
Marine Corps unfunded requirement—accelerate 
readiness - MV–22B .............................................
[1,200 
] 
060 
AIRCRAFT DEPOT MAINTENANCE ..........................
1,007,681 
1,071,681 
AC Depot maintenance unfunded requirement .....
[34,000 
] 
Navy unfunded requirement—Improve Afloat 
Readiness ..............................................................
[30,000 
] 
070 
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
38,248 
38,248 
080 
AVIATION LOGISTICS ..................................................
564,720 
598,220 
E–6B and F–35 sustainment unfunded require-
ment .......................................................................
[16,000 
] 
Marine Corps unfunded requirement—accelerate 
readiness - KC–130J ............................................
[6,800 
] 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
Marine Corps unfunded requirement—accelerate 
readiness - MV–22B .............................................
[10,700 
] 
090 
MISSION AND OTHER SHIP OPERATIONS .............
3,513,083 
3,861,283 
Cruiser Modernization .............................................
[90,200 
] 
Navy unfunded requirement—Improve Afloat 
Readiness ..............................................................
[158,000 
] 
Navy unfunded requirement—Restore 3 CG De-
ployments ..............................................................
[41,000 
] 
Navy unfunded requirement—Reverse PONCE 
(LPD–15) Inactivation ..........................................
[59,000 
] 
100 
SHIP OPERATIONS SUPPORT & TRAINING ...........
743,765 
763,465 
Navy 
unfunded 
requirement—Restore 
Fleet 
Training .................................................................
[19,700 
] 
110 
SHIP DEPOT MAINTENANCE ....................................
5,168,273 
5,486,873 
Cruiser Modernization .............................................
[71,100 
] 
Navy unfunded requirement—Ship Depot Whole-
ness ........................................................................
[238,000 
] 
Program increase .....................................................
[9,500 
] 
120 
SHIP DEPOT OPERATIONS SUPPORT ......................
1,575,578 
1,654,578 
Navy unfunded requirement—Increase Alfoat 
Readiness ..............................................................
[79,000 
] 
130 
COMBAT COMMUNICATIONS ....................................
558,727 
558,727 
140 
ELECTRONIC WARFARE .............................................
105,680 
105,680 
150 
SPACE SYSTEMS AND SURVEILLANCE ..................
180,406 
180,406 
160 
WARFARE TACTICS ......................................................
470,032 
470,032 
170 
OPERATIONAL METEOROLOGY AND OCEANOG-
RAPHY .........................................................................
346,703 
346,703 
180 
COMBAT SUPPORT FORCES ......................................
1,158,688 
1,158,688 
190 
EQUIPMENT MAINTENANCE ....................................
113,692 
113,692 
200 
DEPOT OPERATIONS SUPPORT ................................
2,509 
2,509 
210 
COMBATANT COMMANDERS CORE OPERATIONS 
91,019 
91,019 
220 
COMBATANT COMMANDERS DIRECT MISSION 
SUPPORT .....................................................................
74,780 
74,780 
230 
CRUISE MISSILE ...........................................................
106,030 
106,030 
240 
FLEET BALLISTIC MISSILE .......................................
1,233,805 
1,233,805 
250 
IN-SERVICE WEAPONS SYSTEMS SUPPORT .........
163,025 
163,025 
260 
WEAPONS MAINTENANCE .........................................
553,269 
553,269 
270 
OTHER WEAPON SYSTEMS SUPPORT .....................
350,010 
350,010 
280 
ENTERPRISE INFORMATION .....................................
790,685 
790,685 
290 
SUSTAINMENT, 
RESTORATION 
AND 
MOD-
ERNIZATION ..............................................................
1,642,742 
1,697,842 
Restore Sustainment shortfalls ...............................
[55,100 
] 
300 
BASE OPERATING SUPPORT .....................................
4,206,136 
4,206,136 
SUBTOTAL OPERATING FORCES ..................
31,173,511 
32,098,111 
MOBILIZATION 
310 
SHIP PREPOSITIONING AND SURGE ......................
893,517 
893,517 
320 
READY RESERVE FORCE ............................................
274,524 
274,524 
330 
AIRCRAFT ACTIVATIONS/INACTIVATIONS ............
6,727 
6,727 
340 
SHIP ACTIVATIONS/INACTIVATIONS ......................
288,154 
288,154 
350 
EXPEDITIONARY HEALTH SERVICES SYSTEMS ..
95,720 
95,720 
360 
INDUSTRIAL READINESS ...........................................
2,109 
2,109 
370 
COAST GUARD SUPPORT ...........................................
21,114 
21,114 
SUBTOTAL MOBILIZATION .............................
1,581,865 
1,581,865 
TRAINING AND RECRUITING 
380 
OFFICER ACQUISITION ..............................................
143,815 
143,815 
390 
RECRUIT TRAINING ....................................................
8,519 
8,519 
400 
RESERVE OFFICERS TRAINING CORPS ..................
143,445 
143,445 
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130 STAT. 2856 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
410 
SPECIALIZED SKILL TRAINING ................................
699,214 
699,214 
420 
FLIGHT TRAINING .......................................................
5,310 
5,310 
430 
PROFESSIONAL DEVELOPMENT EDUCATION .....
172,852 
172,852 
440 
TRAINING SUPPORT ....................................................
222,728 
222,728 
450 
RECRUITING AND ADVERTISING ............................
225,647 
225,647 
460 
OFF-DUTY AND VOLUNTARY EDUCATION ............
130,569 
130,569 
470 
CIVILIAN EDUCATION AND TRAINING ..................
73,730 
73,730 
480 
JUNIOR ROTC ................................................................
50,400 
50,400 
SUBTOTAL TRAINING AND RECRUITING ..
1,876,229 
1,876,229 
ADMIN & SRVWD ACTIVITIES 
490 
ADMINISTRATION ........................................................
917,453 
917,453 
500 
EXTERNAL RELATIONS ..............................................
14,570 
14,570 
510 
CIVILIAN MANPOWER AND PERSONNEL MAN-
AGEMENT ...................................................................
124,070 
124,070 
520 
MILITARY MANPOWER AND PERSONNEL MAN-
AGEMENT ...................................................................
369,767 
369,767 
530 
OTHER PERSONNEL SUPPORT .................................
285,927 
285,927 
540 
SERVICEWIDE COMMUNICATIONS .........................
319,908 
319,908 
570 
SERVICEWIDE TRANSPORTATION ...........................
171,659 
171,659 
590 
PLANNING, ENGINEERING AND DESIGN ..............
270,863 
270,863 
600 
ACQUISITION AND PROGRAM MANAGEMENT .....
1,112,766 
1,112,766 
610 
HULL, MECHANICAL AND ELECTRICAL SUP-
PORT ............................................................................
49,078 
49,078 
620 
COMBAT/WEAPONS SYSTEMS ...................................
24,989 
24,989 
630 
SPACE AND ELECTRONIC WARFARE SYSTEMS ...
72,966 
72,966 
640 
NAVAL INVESTIGATIVE SERVICE ............................
595,711 
595,711 
700 
INTERNATIONAL HEADQUARTERS AND AGEN-
CIES .............................................................................
4,809 
4,809 
730 
CLASSIFIED PROGRAMS .............................................
517,440 
517,440 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
4,851,976 
4,851,976 
UNDISTRIBUTED 
740 
UNDISTRIBUTED ..........................................................
–416,900 
Excessive standard price for fuel ............................
[–390,500 
] 
Foreign Currency adjustments ...............................
[–26,400 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–416,900 
TOTAL OPERATION & MAINTENANCE, 
NAVY .................................................................
39,483,581 
39,991,281 
OPERATION 
& 
MAINTENANCE, 
MARINE 
CORPS 
OPERATING FORCES 
010 
OPERATIONAL FORCES ..............................................
674,613 
760,313 
Enterprise network defense unfunded require-
ment .......................................................................
[5,700 
] 
Exercise program unfunded requirement ..............
[58,000 
] 
Marine Corps unfunded requirement- enhanced 
combat helmets .....................................................
[22,000 
] 
020 
FIELD LOGISTICS .........................................................
947,424 
983,674 
Critical/ no fail EOD unfunded requirement .........
[600 
] 
Marine Corps unfunded requirement- rifle combat 
optic modernization ..............................................
[13,200 
] 
Marine 
Corps 
unfunded 
requirement- 
SPMAGTF—C4 UUNS .........................................
[8,250 
] 
Nano/VTOL unfunded requirement ........................
[14,200 
] 
030 
DEPOT MAINTENANCE ...............................................
206,783 
214,583 
Depot maintenance unfunded requirement ...........
[7,800 
] 
VerDate Sep 11 2014 
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130 STAT. 2857 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
040 
MARITIME PREPOSITIONING ....................................
85,276 
85,276 
050 
SUSTAINMENT, RESTORATION & MODERNIZA-
TION .............................................................................
632,673 
694,673 
Facility demolition unfunded requirement ............
[39,200 
] 
Restore Sustainment shortfalls ...............................
[22,800 
] 
060 
BASE OPERATING SUPPORT .....................................
2,136,626 
2,136,626 
SUBTOTAL OPERATING FORCES ..................
4,683,395 
4,875,145 
TRAINING AND RECRUITING 
070 
RECRUIT TRAINING ....................................................
15,946 
15,946 
080 
OFFICER ACQUISITION ..............................................
935 
935 
090 
SPECIALIZED SKILL TRAINING ................................
99,305 
99,305 
100 
PROFESSIONAL DEVELOPMENT EDUCATION .....
45,495 
45,495 
110 
TRAINING SUPPORT ....................................................
369,979 
369,979 
120 
RECRUITING AND ADVERTISING ............................
165,566 
165,566 
130 
OFF-DUTY AND VOLUNTARY EDUCATION ............
35,133 
35,133 
140 
JUNIOR ROTC ................................................................
23,622 
23,622 
SUBTOTAL TRAINING AND RECRUITING ..
755,981 
755,981 
ADMIN & SRVWD ACTIVITIES 
150 
SERVICEWIDE TRANSPORTATION ...........................
34,534 
34,534 
160 
ADMINISTRATION ........................................................
355,932 
355,932 
180 
ACQUISITION AND PROGRAM MANAGEMENT .....
76,896 
76,896 
200 
CLASSIFIED PROGRAMS .............................................
47,520 
47,520 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
514,882 
514,882 
UNDISTRIBUTED 
210 
UNDISTRIBUTED ..........................................................
–6,400 
Excessive standard price for fuel ............................
[–4,900 
] 
Foreign Currency adjustments ...............................
[–1,500 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–6,400 
TOTAL OPERATION & MAINTENANCE, 
MARINE CORPS ............................................
5,954,258 
6,139,608 
OPERATION & MAINTENANCE, NAVY RES 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS ........
526,190 
526,190 
020 
INTERMEDIATE MAINTENANCE ..............................
6,714 
6,714 
030 
AIRCRAFT DEPOT MAINTENANCE ..........................
86,209 
90,209 
Navy unfunded requirement—Improve Afloat 
Readiness ..............................................................
[4,000 
] 
040 
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
389 
389 
050 
AVIATION LOGISTICS ..................................................
10,189 
10,189 
070 
SHIP OPERATIONS SUPPORT & TRAINING ...........
560 
860 
Navy 
unfunded 
requirement—Restore 
Fleet 
Training .................................................................
[300 
] 
090 
COMBAT COMMUNICATIONS ....................................
13,173 
13,173 
100 
COMBAT SUPPORT FORCES ......................................
109,053 
109,053 
120 
ENTERPRISE INFORMATION .....................................
27,226 
27,226 
130 
SUSTAINMENT, 
RESTORATION 
AND 
MOD-
ERNIZATION ..............................................................
27,571 
28,671 
Restore Sustainment shortfalls ...............................
[1,100 
] 
140 
BASE OPERATING SUPPORT .....................................
99,166 
99,166 
SUBTOTAL OPERATING FORCES ..................
906,440 
911,840 
ADMIN & SRVWD ACTIVITIES 
150 
ADMINISTRATION ........................................................
1,351 
1,351 
160 
MILITARY MANPOWER AND PERSONNEL MAN-
AGEMENT ...................................................................
13,251 
13,251 
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130 STAT. 2858 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
170 
SERVICEWIDE COMMUNICATIONS .........................
3,445 
3,445 
180 
ACQUISITION AND PROGRAM MANAGEMENT .....
3,169 
3,169 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
21,216 
21,216 
UNDISTRIBUTED 
200 
UNDISTRIBUTED ..........................................................
–26,600 
Excessive standard price for fuel ............................
[–26,600 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–26,600 
TOTAL OPERATION & MAINTENANCE, 
NAVY RES .......................................................
927,656 
906,456 
OPERATION & MAINTENANCE, MC RESERVE 
OPERATING FORCES 
010 
OPERATING FORCES ...................................................
94,154 
94,154 
020 
DEPOT MAINTENANCE ...............................................
18,594 
18,594 
030 
SUSTAINMENT, 
RESTORATION 
AND 
MOD-
ERNIZATION ..............................................................
25,470 
26,170 
Restore Sustainment shortfalls ...............................
[700 
] 
040 
BASE OPERATING SUPPORT .....................................
111,550 
111,550 
SUBTOTAL OPERATING FORCES ..................
249,768 
250,468 
ADMIN & SRVWD ACTIVITIES 
050 
SERVICEWIDE TRANSPORTATION ...........................
902 
902 
060 
ADMINISTRATION ........................................................
11,130 
11,130 
070 
RECRUITING AND ADVERTISING ............................
8,833 
8,833 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
20,865 
20,865 
UNDISTRIBUTED 
090 
UNDISTRIBUTED ..........................................................
–800 
Excessive standard price for fuel ............................
[–800 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–800 
TOTAL OPERATION & MAINTENANCE, 
MC RESERVE .................................................
270,633 
270,533 
OPERATION & MAINTENANCE, AIR FORCE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ......................................
3,294,124 
3,294,124 
020 
COMBAT ENHANCEMENT FORCES .........................
1,682,045 
1,684,845 
HH–60 unfunded requirement ................................
[2,800 
] 
030 
AIR OPERATIONS TRAINING (OJT, MAINTAIN 
SKILLS) ........................................................................
1,730,757 
1,730,757 
040 
DEPOT MAINTENANCE ...............................................
7,042,988 
7,156,064 
Compass Call Program Restructure .......................
[–56,500 
] 
Weapon system sustainment unfunded require-
ment .......................................................................
[169,576 
] 
050 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
1,657,019 
1,710,019 
Restore Sustainment shortfalls ...............................
[53,000 
] 
060 
BASE SUPPORT .............................................................
2,787,216 
2,787,216 
070 
GLOBAL C3I AND EARLY WARNING ........................
887,831 
927,831 
Air Force unfunded requirement—Ground Based 
Radars ...................................................................
[40,000 
] 
080 
OTHER COMBAT OPS SPT PROGRAMS ...................
1,070,178 
1,070,178 
100 
LAUNCH FACILITIES ...................................................
208,582 
208,582 
110 
SPACE CONTROL SYSTEMS .......................................
362,250 
362,250 
120 
COMBATANT COMMANDERS DIRECT MISSION 
SUPPORT .....................................................................
907,245 
907,245 
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130 STAT. 2859 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
130 
COMBATANT COMMANDERS CORE OPERATIONS 
199,171 
199,171 
135 
CLASSIFIED PROGRAMS .............................................
930,757 
930,757 
SUBTOTAL OPERATING FORCES ..................
22,760,163 
22,969,039 
MOBILIZATION 
140 
AIRLIFT OPERATIONS .................................................
1,703,059 
1,703,059 
150 
MOBILIZATION PREPAREDNESS ..............................
138,899 
138,899 
160 
DEPOT MAINTENANCE ...............................................
1,553,439 
1,619,863 
Weapon system sustainment unfunded require-
ment .......................................................................
[66,424 
] 
170 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
258,328 
266,628 
Restore Sustainment shortfalls ...............................
[8,300 
] 
180 
BASE SUPPORT .............................................................
722,756 
722,756 
SUBTOTAL MOBILIZATION .............................
4,376,481 
4,451,205 
TRAINING AND RECRUITING 
190 
OFFICER ACQUISITION ..............................................
120,886 
120,886 
200 
RECRUIT TRAINING ....................................................
23,782 
23,782 
210 
RESERVE OFFICERS TRAINING CORPS (ROTC) ....
77,692 
77,692 
220 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
236,254 
243,854 
Restore Sustainment shortfalls ...............................
[7,600 
] 
230 
BASE SUPPORT .............................................................
819,915 
819,915 
240 
SPECIALIZED SKILL TRAINING ................................
387,446 
387,446 
250 
FLIGHT TRAINING .......................................................
725,134 
725,134 
260 
PROFESSIONAL DEVELOPMENT EDUCATION .....
264,213 
264,213 
270 
TRAINING SUPPORT ....................................................
86,681 
86,681 
280 
DEPOT MAINTENANCE ...............................................
305,004 
305,004 
290 
RECRUITING AND ADVERTISING ............................
104,754 
104,754 
300 
EXAMINING ...................................................................
3,944 
3,944 
310 
OFF-DUTY AND VOLUNTARY EDUCATION ............
184,841 
184,841 
320 
CIVILIAN EDUCATION AND TRAINING ..................
173,583 
173,583 
330 
JUNIOR ROTC ................................................................
58,877 
58,877 
SUBTOTAL TRAINING AND RECRUITING ..
3,573,006 
3,580,606 
ADMIN & SRVWD ACTIVITIES 
340 
LOGISTICS OPERATIONS ............................................
1,107,846 
1,107,846 
350 
TECHNICAL SUPPORT ACTIVITIES .........................
924,185 
924,185 
360 
DEPOT MAINTENANCE ...............................................
48,778 
48,778 
370 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
321,013 
331,313 
Restore Sustainment shortfalls ...............................
[10,300 
] 
380 
BASE SUPPORT .............................................................
1,115,910 
1,115,910 
390 
ADMINISTRATION ........................................................
811,650 
811,650 
400 
SERVICEWIDE COMMUNICATIONS .........................
269,809 
269,809 
410 
OTHER SERVICEWIDE ACTIVITIES .........................
961,304 
961,304 
420 
CIVIL AIR PATROL .......................................................
25,735 
28,535 
Civil Air Patrol O&M Support ................................
[2,800 
] 
450 
INTERNATIONAL SUPPORT .......................................
90,573 
90,573 
460 
CLASSIFIED PROGRAMS .............................................
1,131,603 
1,131,603 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
6,808,406 
6,821,506 
UNDISTRIBUTED 
470 
UNDISTRIBUTED ..........................................................
–484,700 
Excessive standard price for fuel ............................
[–368,000 
] 
Foreign Currency adjustments ...............................
[–116,700 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–484,700 
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130 STAT. 2860 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TOTAL OPERATION & MAINTENANCE, 
AIR FORCE .....................................................
37,518,056 
37,337,656 
OPERATION & MAINTENANCE, AF RESERVE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ......................................
1,707,882 
1,707,882 
020 
MISSION SUPPORT OPERATIONS ............................
230,016 
230,016 
030 
DEPOT MAINTENANCE ...............................................
541,743 
541,743 
040 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
113,470 
116,170 
Restore Sustainment shortfalls ...............................
[2,700 
] 
050 
BASE SUPPORT .............................................................
384,832 
384,832 
SUBTOTAL OPERATING FORCES ..................
2,977,943 
2,980,643 
ADMINISTRATION AND SERVICEWIDE AC-
TIVITIES 
060 
ADMINISTRATION ........................................................
54,939 
54,939 
070 
RECRUITING AND ADVERTISING ............................
14,754 
14,754 
080 
MILITARY MANPOWER AND PERS MGMT (ARPC) 
12,707 
12,707 
090 
OTHER PERS SUPPORT (DISABILITY COMP) .........
7,210 
7,210 
100 
AUDIOVISUAL ...............................................................
376 
376 
SUBTOTAL 
ADMINISTRATION 
AND 
SERVICEWIDE ACTIVITIES ..........................
89,986 
89,986 
UNDISTRIBUTED 
110 
UNDISTRIBUTED ..........................................................
–59,700 
Excessive standard price for fuel ............................
[–59,700 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–59,700 
TOTAL OPERATION & MAINTENANCE, 
AF RESERVE ..................................................
3,067,929 
3,010,929 
OPERATION & MAINTENANCE, ANG 
OPERATING FORCES 
010 
AIRCRAFT OPERATIONS .............................................
3,282,238 
3,278,238 
Unjustifed growth ....................................................
[–4,000 
] 
020 
MISSION SUPPORT OPERATIONS ............................
723,062 
723,062 
030 
DEPOT MAINTENANCE ...............................................
1,824,329 
1,867,529 
Weapon system sustainment engines unfunded 
requirement ...........................................................
[3,200 
] 
Weapon system sustainment unfunded require-
ment .......................................................................
[40,000 
] 
040 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
245,840 
254,940 
Restore Sustainment shortfalls ...............................
[9,100 
] 
050 
BASE SUPPORT .............................................................
575,548 
575,548 
SUBTOTAL OPERATING FORCES ..................
6,651,017 
6,699,317 
ADMINISTRATION AND SERVICE-WIDE AC-
TIVITIES 
060 
ADMINISTRATION ........................................................
23,715 
23,715 
070 
RECRUITING AND ADVERTISING ............................
28,846 
28,846 
SUBTOTAL ADMINISTRATION AND SERV-
ICE-WIDE ACTIVITIES ...................................
52,561 
52,561 
UNDISTRIBUTED 
080 
UNDISTRIBUTED ..........................................................
–117,700 
Excessive standard price for fuel ............................
[–117,700 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–117,700 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TOTAL OPERATION & MAINTENANCE, 
ANG ...................................................................
6,703,578 
6,634,178 
OPERATION 
& 
MAINTENANCE, 
DEFENSE- 
WIDE 
OPERATING FORCES 
010 
JOINT CHIEFS OF STAFF ...........................................
506,113 
506,113 
020 
OFFICE OF THE SECRETARY OF DEFENSE ..........
524,439 
524,439 
030 
SPECIAL OPERATIONS COMMAND/OPERATING 
FORCES .......................................................................
4,898,159 
4,889,359 
Unjustified growth in total civilian compensation 
[–8,800 
] 
SUBTOTAL OPERATING FORCES ..................
5,928,711 
5,919,911 
TRAINING AND RECRUITING 
040 
DEFENSE ACQUISITION UNIVERSITY ....................
138,658 
138,658 
050 
JOINT CHIEFS OF STAFF ...........................................
85,701 
85,701 
070 
SPECIAL 
OPERATIONS 
COMMAND/TRAINING 
AND RECRUITING .....................................................
365,349 
365,349 
SUBTOTAL TRAINING AND RECRUITING ..
589,708 
589,708 
ADMINISTRATION AND SERVICEWIDE AC-
TIVITIES 
080 
CIVIL MILITARY PROGRAMS .....................................
160,480 
195,819 
National Guard Youth Challenge Program ...........
[10,339 
] 
STARBASE ...............................................................
[25,000 
] 
100 
DEFENSE CONTRACT AUDIT AGENCY ...................
630,925 
630,925 
110 
DEFENSE CONTRACT MANAGEMENT AGENCY ...
1,356,380 
1,356,380 
120 
DEFENSE HUMAN RESOURCES ACTIVITY ............
683,620 
683,620 
130 
DEFENSE INFORMATION SYSTEMS AGENCY .......
1,439,891 
1,439,891 
150 
DEFENSE LEGAL SERVICES AGENCY ....................
24,984 
24,984 
160 
DEFENSE LOGISTICS AGENCY .................................
357,964 
352,164 
Price Comparability Office unjustified growth ......
[–5,800 
] 
170 
DEFENSE MEDIA ACTIVITY .......................................
223,422 
223,422 
180 
DEFENSE PERSONNEL ACCOUNTING AGENCY ...
112,681 
112,681 
190 
DEFENSE SECURITY COOPERATION AGENCY .....
496,754 
621,754 
Transfer from Drug Interdiction and Counter- 
Drug Activities ......................................................
[125,000 
] 
200 
DEFENSE SECURITY SERVICE .................................
538,711 
538,711 
230 
DEFENSE TECHNOLOGY SECURITY ADMINIS-
TRATION .....................................................................
35,417 
35,417 
240 
DEFENSE THREAT REDUCTION AGENCY .............
448,146 
448,146 
260 
DEPARTMENT OF DEFENSE EDUCATION ACTIV-
ITY ................................................................................
2,671,143 
2,701,143 
Impact Aid ................................................................
[25,000 
] 
Impact Aid severe disabilities .................................
[5,000 
] 
270 
MISSILE DEFENSE AGENCY ......................................
446,975 
446,975 
290 
OFFICE OF ECONOMIC ADJUSTMENT ...................
155,399 
136,199 
Guam public health lab ...........................................
[–19,200 
] 
300 
OFFICE OF THE SECRETARY OF DEFENSE ..........
1,481,643 
1,487,293 
BRAC 2017 Round Planning and Analyses ...........
[–3,530 
] 
CWMD Sustainment: Constellation program re-
duction ...................................................................
[–3,800 
] 
DOD rewards early to need .....................................
[–1,000 
] 
Intelligence Management—program reduction .....
[–1,000 
] 
Reeadiness environmental protection initiative ....
[14,980 
] 
310 
SPECIAL 
OPERATIONS 
COMMAND/ADMIN 
& 
SVC-WIDE ACTIVITIES ............................................
89,429 
89,429 
320 
WASHINGTON HEADQUARTERS SERVICES ..........
629,874 
629,874 
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130 STAT. 2862 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
330 
CLASSIFIED PROGRAMS .............................................
14,069,333 
14,069,333 
SUBTOTAL 
ADMINISTRATION 
AND 
SERVICEWIDE ACTIVITIES ..........................
26,053,171 
26,224,160 
UNDISTRIBUTED 
340 
UNDISTRIBUTED ..........................................................
–47,100 
Excessive standard price for fuel ............................
[–17,800 
] 
Foreign Currency adjustments ...............................
[–34,300 
] 
Temporary Duty Assignment Per Diem Rate 
Waiver ...................................................................
[5,000 
] 
SUBTOTAL UNDISTRIBUTED ..........................
–47,100 
TOTAL OPERATION & MAINTENANCE, 
DEFENSE-WIDE ............................................
32,571,590 
32,686,679 
MISCELLANEOUS APPROPRIATIONS 
MISCELLANEOUS APPROPRIATIONS 
010 
US COURT OF APPEALS FOR THE ARMED 
FORCES, DEFENSE ...................................................
14,194 
14,194 
020 
OVERSEAS 
HUMANITARIAN, 
DISASTER 
AND 
CIVIC AID ....................................................................
105,125 
105,125 
030 
COOPERATIVE THREAT REDUCTION .....................
325,604 
325,604 
050 
ENVIRONMENTAL RESTORATION, ARMY ..............
170,167 
170,167 
060 
ENVIRONMENTAL RESTORATION, NAVY ..............
281,762 
281,762 
070 
ENVIRONMENTAL RESTORATION, AIR FORCE ....
371,521 
371,521 
080 
ENVIRONMENTAL RESTORATION, DEFENSE .......
9,009 
9,009 
090 
ENVIRONMENTAL 
RESTORATION 
FORMERLY 
USED SITES ................................................................
197,084 
197,084 
SUBTOTAL MISCELLANEOUS APPROPRIA-
TIONS ...................................................................
1,474,466 
1,474,466 
TOTAL MISCELLANEOUS APPROPRIA-
TIONS ...............................................................
1,474,466 
1,474,466 
TOTAL OPERATION & MAINTENANCE ....
171,318,488 
171,870,896 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-
GENCY OPERATIONS. 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, ARMY 
OPERATING FORCES 
010 
MANEUVER UNITS ............................................................
427,063 
416,263 
Army requested realignment (ERI) .............................
[–10,800 
] 
040 
THEATER LEVEL ASSETS ................................................
1,834,423 
1,834,423 
050 
LAND FORCES OPERATIONS SUPPORT .......................
558,086 
426,086 
Army requested realignment (ERI) .............................
[–132,000 
] 
060 
AVIATION ASSETS .............................................................
58,620 
58,620 
070 
FORCE READINESS OPERATIONS SUPPORT ..............
1,552,468 
1,550,468 
Army requested realignment (ERI) .............................
[–2,000 
] 
080 
LAND FORCES SYSTEMS READINESS ..........................
476,853 
476,853 
100 
BASE OPERATIONS SUPPORT ........................................
45,749 
45,749 
140 
ADDITIONAL ACTIVITIES ................................................
8,234,566 
8,234,566 
150 
COMMANDERS EMERGENCY RESPONSE PROGRAM 
5,000 
5,000 
160 
RESET ...................................................................................
1,100,722 
1,100,722 
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130 STAT. 2863 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
170 
COMBATANT COMMANDS DIRECT MISSION SUP-
PORT .................................................................................
79,568 
79,568 
SUBTOTAL OPERATING FORCES .......................
14,373,118 
14,228,318 
MOBILIZATION 
190 
ARMY PREPOSITIONED STOCKS ...................................
350,200 
130,000 
Army requested realignment (ERI) .............................
[–220,200 
] 
SUBTOTAL MOBILIZATION ...................................
350,200 
130,000 
ADMIN & SRVWIDE ACTIVITIES 
350 
SERVICEWIDE TRANSPORTATION ................................
720,399 
840,399 
Army requested realignment (ERI) .............................
[120,000 
] 
380 
AMMUNITION MANAGEMENT .......................................
13,974 
13,974 
420 
OTHER PERSONNEL SUPPORT ......................................
105,508 
105,508 
450 
REAL ESTATE MANAGEMENT .......................................
185,904 
185,904 
530 
CLASSIFIED PROGRAMS ..................................................
909,278 
909,278 
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ..
1,935,063 
2,055,063 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARMY .....................................................................
16,658,381 
16,413,381 
OPERATION & MAINTENANCE, ARMY RES 
OPERATING FORCES 
020 
ECHELONS ABOVE BRIGADE .........................................
6,252 
6,252 
040 
LAND FORCES OPERATIONS SUPPORT .......................
2,075 
2,075 
060 
FORCE READINESS OPERATIONS SUPPORT ..............
1,140 
1,140 
090 
BASE OPERATIONS SUPPORT ........................................
14,653 
14,653 
SUBTOTAL OPERATING FORCES .......................
24,120 
24,120 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARMY RES ............................................................
24,120 
24,120 
OPERATION & MAINTENANCE, ARNG 
OPERATING FORCES 
010 
MANEUVER UNITS ............................................................
10,564 
10,564 
020 
MODULAR SUPPORT BRIGADES ....................................
748 
748 
030 
ECHELONS ABOVE BRIGADE .........................................
5,751 
5,751 
040 
THEATER LEVEL ASSETS ................................................
200 
200 
060 
AVIATION ASSETS .............................................................
27,183 
27,183 
070 
FORCE READINESS OPERATIONS SUPPORT ..............
2,741 
2,741 
100 
BASE OPERATIONS SUPPORT ........................................
18,800 
18,800 
120 
MANAGEMENT 
AND 
OPERATIONAL 
HEAD-
QUARTERS .......................................................................
920 
920 
SUBTOTAL OPERATING FORCES .......................
66,907 
66,907 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARNG .....................................................................
66,907 
66,907 
AFGHANISTAN SECURITY FORCES FUND 
MINISTRY OF DEFENSE 
010 
SUSTAINMENT ...................................................................
2,173,341 
2,173,341 
020 
INFRASTRUCTURE ............................................................
48,262 
48,262 
030 
EQUIPMENT AND TRANSPORTATION ..........................
821,716 
821,716 
040 
TRAINING AND OPERATIONS ........................................
289,139 
289,139 
SUBTOTAL MINISTRY OF DEFENSE ..................
3,332,458 
3,332,458 
MINISTRY OF INTERIOR 
050 
SUSTAINMENT ...................................................................
860,441 
860,441 
060 
INFRASTRUCTURE ............................................................
20,837 
20,837 
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130 STAT. 2864 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
070 
EQUIPMENT AND TRANSPORTATION ..........................
8,153 
8,153 
080 
TRAINING AND OPERATIONS ........................................
41,326 
41,326 
SUBTOTAL MINISTRY OF INTERIOR ................
930,757 
930,757 
TOTAL AFGHANISTAN SECURITY FORCES 
FUND .....................................................................
4,263,215 
4,263,215 
IRAQ TRAIN AND EQUIP FUND 
IRAQ TRAIN AND EQUIP FUND 
010 
IRAQ TRAIN AND EQUIP FUND .....................................
919,500 
0 
Transfer to Counter-ISIL Fund ...................................
[–919,500 
] 
SUBTOTAL IRAQ TRAIN AND EQUIP FUND ....
919,500 
0 
TOTAL IRAQ TRAIN AND EQUIP FUND ........
919,500 
0 
SYRIA TRAIN AND EQUIP FUND 
SYRIA TRAIN AND EQUIP FUND 
010 
SYRIA TRAIN AND EQUIP FUND ...................................
250,000 
0 
Transfer to Counter-ISIL Fund ...................................
[–250,000 
] 
SUBTOTAL SYRIA TRAIN AND EQUIP FUND ..
250,000 
0 
TOTAL SYRIA TRAIN AND EQUIP FUND ......
250,000 
0 
COUNTER-ISIL FUND 
COUNTER-ISIL FUND 
010 
COUNTER-ISIL FUND .......................................................
1,169,500 
Transfer from Iraq Train and Equip ...........................
[919,500 
] 
Transfer from Syria Train and Equip .........................
[250,000 
] 
SUBTOTAL COUNTER-ISIL FUND .......................
1,169,500 
TOTAL COUNTER-ISIL FUND ...........................
1,169,500 
OPERATION & MAINTENANCE, NAVY 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS .............
427,452 
427,452 
040 
AIR OPERATIONS AND SAFETY SUPPORT ..................
4,603 
4,603 
050 
AIR SYSTEMS SUPPORT ...................................................
159,049 
159,049 
060 
AIRCRAFT DEPOT MAINTENANCE ...............................
113,994 
113,994 
070 
AIRCRAFT DEPOT OPERATIONS SUPPORT .................
1,840 
1,840 
080 
AVIATION LOGISTICS .......................................................
35,529 
35,529 
090 
MISSION AND OTHER SHIP OPERATIONS ..................
1,073,080 
1,073,080 
100 
SHIP OPERATIONS SUPPORT & TRAINING ................
17,306 
17,306 
110 
SHIP DEPOT MAINTENANCE ..........................................
2,128,431 
2,128,431 
130 
COMBAT COMMUNICATIONS .........................................
21,257 
21,257 
160 
WARFARE TACTICS ...........................................................
22,603 
22,603 
170 
OPERATIONAL METEOROLOGY AND OCEANOG-
RAPHY ..............................................................................
22,934 
22,934 
180 
COMBAT SUPPORT FORCES ...........................................
575,305 
575,305 
190 
EQUIPMENT MAINTENANCE .........................................
11,358 
11,358 
250 
IN-SERVICE WEAPONS SYSTEMS SUPPORT ...............
61,000 
61,000 
260 
WEAPONS MAINTENANCE ..............................................
309,045 
309,045 
270 
OTHER WEAPON SYSTEMS SUPPORT ..........................
8,000 
8,000 
290 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION ..................................................................................
7,819 
7,819 
300 
BASE OPERATING SUPPORT ..........................................
61,493 
61,493 
SUBTOTAL OPERATING FORCES .......................
5,062,098 
5,062,098 
MOBILIZATION 
330 
AIRCRAFT ACTIVATIONS/INACTIVATIONS .................
1,530 
1,530 
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130 STAT. 2865 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
350 
EXPEDITIONARY HEALTH SERVICES SYSTEMS .......
6,713 
6,713 
370 
COAST GUARD SUPPORT .................................................
162,692 
162,692 
SUBTOTAL MOBILIZATION ...................................
170,935 
170,935 
TRAINING AND RECRUITING 
410 
SPECIALIZED SKILL TRAINING .....................................
43,365 
43,365 
SUBTOTAL TRAINING AND RECRUITING .......
43,365 
43,365 
ADMIN & SRVWD ACTIVITIES 
490 
ADMINISTRATION .............................................................
3,764 
3,764 
500 
EXTERNAL RELATIONS ...................................................
515 
515 
520 
MILITARY MANPOWER AND PERSONNEL MANAGE-
MENT ................................................................................
5,409 
5,409 
530 
OTHER PERSONNEL SUPPORT ......................................
1,578 
1,578 
570 
SERVICEWIDE TRANSPORTATION ................................
126,700 
126,700 
600 
ACQUISITION AND PROGRAM MANAGEMENT ..........
9,261 
9,261 
640 
NAVAL INVESTIGATIVE SERVICE .................................
1,501 
1,501 
730 
CLASSIFIED PROGRAMS ..................................................
16,280 
16,280 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .......
165,008 
165,008 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
NAVY ......................................................................
5,441,406 
5,441,406 
OPERATION & MAINTENANCE, MARINE CORPS 
OPERATING FORCES 
010 
OPERATIONAL FORCES ...................................................
571,935 
571,935 
020 
FIELD LOGISTICS ..............................................................
266,094 
266,094 
030 
DEPOT MAINTENANCE ....................................................
147,000 
147,000 
060 
BASE OPERATING SUPPORT ..........................................
18,576 
18,576 
SUBTOTAL OPERATING FORCES .......................
1,003,605 
1,003,605 
TRAINING AND RECRUITING 
110 
TRAINING SUPPORT .........................................................
31,750 
31,750 
SUBTOTAL TRAINING AND RECRUITING .......
31,750 
31,750 
ADMIN & SRVWD ACTIVITIES 
150 
SERVICEWIDE TRANSPORTATION ................................
73,800 
73,800 
200 
CLASSIFIED PROGRAMS ..................................................
3,650 
3,650 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .......
77,450 
77,450 
TOTAL OPERATION & MAINTENANCE, MA-
RINE CORPS .......................................................
1,112,805 
1,112,805 
OPERATION & MAINTENANCE, NAVY RES 
OPERATING FORCES 
030 
AIRCRAFT DEPOT MAINTENANCE ...............................
16,500 
16,500 
050 
AVIATION LOGISTICS .......................................................
2,522 
2,522 
100 
COMBAT SUPPORT FORCES ...........................................
7,243 
7,243 
SUBTOTAL OPERATING FORCES .......................
26,265 
26,265 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
NAVY RES ............................................................
26,265 
26,265 
OPERATION & MAINTENANCE, MC RESERVE 
OPERATING FORCES 
010 
OPERATING FORCES ........................................................
2,500 
2,500 
040 
BASE OPERATING SUPPORT ..........................................
804 
804 
SUBTOTAL OPERATING FORCES .......................
3,304 
3,304 
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130 STAT. 2866 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
TOTAL OPERATION & MAINTENANCE, MC 
RESERVE ..............................................................
3,304 
3,304 
OPERATION & MAINTENANCE, AIR FORCE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ............................................
1,852,159 
1,890,159 
Enhancing readiness levels of DCA aircraft ...............
[10,000 
] 
ERI nuclear readiness ..................................................
[28,000 
] 
020 
COMBAT ENHANCEMENT FORCES ...............................
1,127,319 
1,127,319 
030 
AIR 
OPERATIONS 
TRAINING 
(OJT, 
MAINTAIN 
SKILLS) .............................................................................
152,278 
152,278 
040 
DEPOT MAINTENANCE ....................................................
1,061,506 
1,087,106 
Compass Call Program Restructure ............................
[25,600 
] 
050 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
56,700 
56,700 
060 
BASE SUPPORT ..................................................................
941,714 
941,714 
070 
GLOBAL C3I AND EARLY WARNING .............................
30,219 
30,219 
080 
OTHER COMBAT OPS SPT PROGRAMS .........................
213,696 
218,696 
Promoting additional DCA burden sharing ................
[5,000 
] 
100 
LAUNCH FACILITIES ........................................................
869 
869 
110 
SPACE CONTROL SYSTEMS ............................................
5,008 
5,008 
120 
COMBATANT COMMANDERS DIRECT MISSION SUP-
PORT .................................................................................
100,081 
100,081 
135 
CLASSIFIED PROGRAMS ..................................................
79,893 
79,893 
SUBTOTAL OPERATING FORCES .......................
5,621,442 
5,690,042 
MOBILIZATION 
140 
AIRLIFT OPERATIONS ......................................................
2,606,729 
2,606,729 
150 
MOBILIZATION PREPAREDNESS ...................................
108,163 
108,163 
160 
DEPOT MAINTENANCE ....................................................
891,102 
891,102 
180 
BASE SUPPORT ..................................................................
3,686 
3,686 
SUBTOTAL MOBILIZATION ...................................
3,609,680 
3,609,680 
TRAINING AND RECRUITING 
230 
BASE SUPPORT ..................................................................
52,740 
52,740 
240 
SPECIALIZED SKILL TRAINING .....................................
4,500 
4,500 
SUBTOTAL TRAINING AND RECRUITING .......
57,240 
57,240 
ADMIN & SRVWD ACTIVITIES 
340 
LOGISTICS OPERATIONS .................................................
86,716 
86,716 
380 
BASE SUPPORT ..................................................................
59,133 
59,133 
400 
SERVICEWIDE COMMUNICATIONS ..............................
165,348 
165,348 
410 
OTHER SERVICEWIDE ACTIVITIES ..............................
141,883 
116,825 
Program reduction ........................................................
[–25,058 
] 
450 
INTERNATIONAL SUPPORT ............................................
61 
61 
460 
CLASSIFIED PROGRAMS ..................................................
15,823 
15,823 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .......
468,964 
443,906 
TOTAL OPERATION & MAINTENANCE, AIR 
FORCE ...................................................................
9,757,326 
9,800,868 
OPERATION & MAINTENANCE, AF RESERVE 
OPERATING FORCES 
030 
DEPOT MAINTENANCE ....................................................
51,086 
51,086 
050 
BASE SUPPORT ..................................................................
6,500 
6,500 
SUBTOTAL OPERATING FORCES .......................
57,586 
57,586 
TOTAL OPERATION & MAINTENANCE, AF 
RESERVE ..............................................................
57,586 
57,586 
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130 STAT. 2867 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, ANG 
OPERATING FORCES 
020 
MISSION SUPPORT OPERATIONS ..................................
3,400 
3,400 
050 
BASE SUPPORT ..................................................................
16,600 
16,600 
SUBTOTAL OPERATING FORCES .......................
20,000 
20,000 
TOTAL OPERATION & MAINTENANCE, ANG 
20,000 
20,000 
OPERATION & MAINTENANCE, DEFENSE-WIDE 
OPERATING FORCES 
010 
JOINT CHIEFS OF STAFF ................................................
10,000 
Enhancing exercise of DCA aircraft ............................
[10,000 
] 
030 
SPECIAL 
OPERATIONS 
COMMAND/OPERATING 
FORCES ............................................................................
2,853,363 
2,853,363 
SUBTOTAL OPERATING FORCES .......................
2,853,363 
2,863,363 
ADMINISTRATION AND SERVICEWIDE ACTIVI-
TIES 
100 
DEFENSE CONTRACT AUDIT AGENCY ........................
13,436 
13,436 
110 
DEFENSE CONTRACT MANAGEMENT AGENCY ........
13,564 
13,564 
130 
DEFENSE INFORMATION SYSTEMS AGENCY ............
34,299 
34,299 
150 
DEFENSE LEGAL SERVICES AGENCY ..........................
111,986 
111,986 
170 
DEFENSE MEDIA ACTIVITY ............................................
13,317 
13,317 
190 
DEFENSE SECURITY COOPERATION AGENCY ..........
1,412,000 
2,162,000 
Transfer from Counterterrorism Partnership Fund ...
[750,000 
] 
260 
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 
67,000 
67,000 
300 
OFFICE OF THE SECRETARY OF DEFENSE ................
31,106 
31,106 
320 
WASHINGTON HEADQUARTERS SERVICES ...............
3,137 
3,137 
330 
CLASSIFIED PROGRAMS ..................................................
1,803,880 
1,803,880 
SUBTOTAL 
ADMINISTRATION 
AND 
SERVICEWIDE ACTIVITIES ...............................
3,503,725 
4,253,725 
TOTAL OPERATION & MAINTENANCE, DE-
FENSE-WIDE .......................................................
6,357,088 
7,117,088 
TOTAL OPERATION & MAINTENANCE .........
44,957,903 
45,516,445 
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-
GENCY OPERATIONS FOR BASE REQUIREMENTS. 
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 
BASE REQUIREMENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, ARMY 
OPERATING FORCES 
010 
MANEUVER UNITS ............................................................
317,093 
317,093 
020 
MODULAR SUPPORT BRIGADES ....................................
5,904 
5,904 
030 
ECHELONS ABOVE BRIGADE .........................................
38,614 
38,614 
040 
THEATER LEVEL ASSETS ................................................
8,361 
8,361 
050 
LAND FORCES OPERATIONS SUPPORT .......................
279,072 
279,072 
060 
AVIATION ASSETS .............................................................
106,424 
106,424 
070 
FORCE READINESS OPERATIONS SUPPORT ..............
253,533 
253,533 
090 
LAND FORCES DEPOT MAINTENANCE ........................
350,000 
350,000 
110 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
113,800 
Increase Restoration & Modernization funding ..........
[113,800 
] 
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130 STAT. 2868 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 
BASE REQUIREMENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
140 
ADDITIONAL ACTIVITIES ................................................
11,200 
11,200 
SUBTOTAL OPERATING FORCES .......................
1,370,201 
1,484,001 
TRAINING AND RECRUITING 
250 
SPECIALIZED SKILL TRAINING .....................................
3,565 
3,565 
270 
PROFESSIONAL DEVELOPMENT EDUCATION ...........
9,021 
9,021 
280 
TRAINING SUPPORT .........................................................
2,434 
2,434 
290 
RECRUITING AND ADVERTISING ..................................
284,800 
Recruiting and Advertising Add ..................................
[284,800 
] 
320 
CIVILIAN EDUCATION AND TRAINING .......................
1,254 
1,254 
SUBTOTAL TRAINING AND RECRUITING .......
16,274 
301,074 
ADMIN & SRVWIDE ACTIVITIES 
350 
SERVICEWIDE TRANSPORTATION ................................
200,000 
200,000 
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ..
200,000 
200,000 
UNDISTRIBUTED 
540 
UNDISTRIBUTED ...............................................................
563,400 
Additional funding to support increase in Army end 
strength ......................................................................
[563,400 
] 
SUBTOTAL UNDISTRIBUTED ...............................
563,400 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARMY .....................................................................
1,586,475 
2,548,475 
OPERATION & MAINTENANCE, ARMY RES 
OPERATING FORCES 
010 
MODULAR SUPPORT BRIGADES ....................................
708 
708 
020 
ECHELONS ABOVE BRIGADE .........................................
8,570 
8,570 
030 
THEATER LEVEL ASSETS ................................................
375 
375 
040 
LAND FORCES OPERATIONS SUPPORT .......................
13 
13 
050 
AVIATION ASSETS .............................................................
608 
608 
060 
FORCE READINESS OPERATIONS SUPPORT ..............
4,285 
4,285 
100 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
13,100 
Increase Restoration & Modernization funding ..........
[13,100 
] 
SUBTOTAL OPERATING FORCES .......................
14,559 
27,659 
UNDISTRIBUTED 
180 
UNDISTRIBUTED ...............................................................
82,700 
Additional funding to support increase in Army Re-
serve end strength .....................................................
[82,700 
] 
SUBTOTAL UNDISTRIBUTED ...............................
82,700 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARMY RES ............................................................
14,559 
110,359 
OPERATION & MAINTENANCE, ARNG 
OPERATING FORCES 
010 
MANEUVER UNITS ............................................................
5,585 
5,585 
030 
ECHELONS ABOVE BRIGADE .........................................
28,956 
28,956 
040 
THEATER LEVEL ASSETS ................................................
10,272 
10,272 
060 
AVIATION ASSETS .............................................................
5,621 
5,621 
070 
FORCE READINESS OPERATIONS SUPPORT ..............
9,694 
9,694 
110 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
1,500 
Increase Restoration & Modernization funding ..........
[1,500 
] 
SUBTOTAL OPERATING FORCES .......................
60,128 
61,628 
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130 STAT. 2869 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 
BASE REQUIREMENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
UNDISTRIBUTED 
190 
UNDISTRIBUTED ...............................................................
127,300 
Additional funding to support increase in Army Na-
tional Guard end strength ........................................
[127,300 
] 
SUBTOTAL UNDISTRIBUTED ...............................
127,300 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARNG .....................................................................
60,128 
188,928 
OPERATION & MAINTENANCE, NAVY 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS .............
500,000 
500,000 
110 
SHIP DEPOT MAINTENANCE ..........................................
775,000 
775,000 
290 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION ..................................................................................
19,270 
45,370 
Increase Restoration & Modernization funding ..........
[26,100 
] 
300 
BASE OPERATING SUPPORT ..........................................
158,032 
158,032 
SUBTOTAL OPERATING FORCES .......................
1,452,302 
1,478,402 
MOBILIZATION 
350 
EXPEDITIONARY HEALTH SERVICES SYSTEMS .......
3,597 
3,597 
SUBTOTAL MOBILIZATION ...................................
3,597 
3,597 
ADMIN & SRVWD ACTIVITIES 
540 
SERVICEWIDE COMMUNICATIONS ..............................
25,617 
25,617 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .......
25,617 
25,617 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
NAVY ......................................................................
1,481,516 
1,507,616 
OPERATION & MAINTENANCE, MARINE CORPS 
OPERATING FORCES 
010 
OPERATIONAL FORCES ...................................................
300,000 
300,000 
050 
SUSTAINMENT, RESTORATION & MODERNIZATION 
7,200 
Increase Restoration & Modernization funding ..........
[7,200 
] 
SUBTOTAL OPERATING FORCES .......................
300,000 
307,200 
TOTAL OPERATION & MAINTENANCE, MA-
RINE CORPS .......................................................
300,000 
307,200 
OPERATION & MAINTENANCE, NAVY RES 
OPERATING FORCES 
130 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION ..................................................................................
500 
Increase Restoration & Modernization funding ..........
[500 
] 
SUBTOTAL OPERATING FORCES .......................
500 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
NAVY RES ............................................................
500 
OPERATION & MAINTENANCE, MC RESERVE 
OPERATING FORCES 
030 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION ..................................................................................
1,000 
Increase Restoration & Modernization funding ..........
[1,000 
] 
SUBTOTAL OPERATING FORCES .......................
1,000 
TOTAL OPERATION & MAINTENANCE, MC 
RESERVE ..............................................................
1,000 
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130 STAT. 2870 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 
BASE REQUIREMENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, AIR FORCE 
OPERATING FORCES 
040 
DEPOT MAINTENANCE ....................................................
124,000 
124,000 
050 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
32,900 
Increase Restoration & Modernization funding ..........
[32,900 
] 
SUBTOTAL OPERATING FORCES .......................
124,000 
156,900 
MOBILIZATION 
170 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
5,100 
Increase Restoration & Modernization funding ..........
[5,100 
] 
SUBTOTAL MOBILIZATION ...................................
5,100 
TRAINING AND RECRUITING 
220 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
4,700 
Increase Restoration & Modernization funding ..........
[4,700 
] 
SUBTOTAL TRAINING AND RECRUITING .......
4,700 
ADMIN & SRVWD ACTIVITIES 
370 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
6,400 
Increase Restoration & Modernization funding ..........
[6,400 
] 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .......
6,400 
TOTAL OPERATION & MAINTENANCE, AIR 
FORCE ...................................................................
124,000 
173,100 
OPERATION & MAINTENANCE, AF RESERVE 
OPERATING FORCES 
040 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
1,600 
Increase Restoration & Modernization funding ..........
[1,600 
] 
SUBTOTAL OPERATING FORCES .......................
1,600 
TOTAL OPERATION & MAINTENANCE, AF 
RESERVE ..............................................................
1,600 
OPERATION & MAINTENANCE, ANG 
OPERATING FORCES 
040 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ....................................................................
4,300 
Increase Restoration & Modernization funding ..........
[4,300 
] 
SUBTOTAL OPERATING FORCES .......................
4,300 
TOTAL OPERATION & MAINTENANCE, ANG 
4,300 
OPERATION & MAINTENANCE, DEFENSE-WIDE 
OPERATING FORCES 
030 
SPECIAL 
OPERATIONS 
COMMAND/OPERATING 
FORCES ............................................................................
14,344 
14,344 
SUBTOTAL OPERATING FORCES .......................
14,344 
14,344 
ADMINISTRATION AND SERVICEWIDE ACTIVI-
TIES 
130 
DEFENSE INFORMATION SYSTEMS AGENCY ............
14,700 
14,700 
330 
CLASSIFIED PROGRAMS ..................................................
9,000 
9,000 
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130 STAT. 2871 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 
BASE REQUIREMENTS 
(In Thousands of Dollars) 
Line 
Item 
FY 2017 
Request 
Conference 
Authorized 
SUBTOTAL 
ADMINISTRATION 
AND 
SERVICEWIDE ACTIVITIES ...............................
23,700 
23,700 
TOTAL OPERATION & MAINTENANCE, DE-
FENSE-WIDE .......................................................
38,044 
38,044 
TOTAL OPERATION & MAINTENANCE .........
3,604,722 
4,881,122 
TITLE XLIV—MILITARY PERSONNEL 
SEC. 4401. MILITARY PERSONNEL. 
SEC. 4401. MILITARY PERSONNEL 
(In Thousands of Dollars) 
Item 
FY 2017 
Request 
Conference 
Authorized 
Military Personnel Appropriations .......................................
128,902,332 
128,202,564 
Military Personnel Pay Raise .......................................................
[330,000 
] 
Marine Corps—Bonus Pay/PCS Resotral/Foreign Language 
Bonus ..........................................................................................
[49,000 
] 
Foreign currency adjustments ......................................................
[–200,400 
] 
Historical unobligated balances ...................................................
[–880,050 
] 
National Guard State Partnership Program, Army, Special 
Training ......................................................................................
[841 
] 
National Guard State Partnership Program, Air Force, Special 
Training ......................................................................................
[841 
] 
Medicare-Eligible Retiree Health Fund Contributions ....
6,366,908 
6,366,908 
Total, Military Personnel ..................................................
135,269,240 
134,569,472 
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Item 
FY 2017 
Request 
Conference 
Authorized 
Military Personnel Appropriations .......................................
3,644,161 
3,644,161 
Total, Military Personnel Appropriations ....................
3,644,161 
3,644,161 
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 
OPERATIONS FOR BASE REQUIREMENTS. 
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE RE-
QUIREMENTS 
(In Thousands of Dollars) 
Item 
FY 2017 
Request 
Conference 
Authorized 
Military Personnel Appropriations .......................................
62,965 
1,350,465 
Fund Active Army End Strength to 476k ....................................
[719,000 
] 
Fund Army National Guard End Strength to 343k ....................
[129,600 
] 
Fund Army Reserves End Strength to 199k ...............................
[53,300 
] 
Fund Active Navy End Strength to 323.9k .................................
[29,600 
] 
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130 STAT. 2872 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE RE-
QUIREMENTS 
(In Thousands of Dollars) 
Item 
FY 2017 
Request 
Conference 
Authorized 
Fund Active Air Force End Strength to 321k .............................
[116,000 
] 
Fund Active Marine Corps End Strength to 185k ......................
[240,000 
] 
Total, Military Personnel ..................................................
62,965 
1,350,465 
TITLE XLV—OTHER AUTHORIZATIONS 
SEC. 4501. OTHER AUTHORIZATIONS. 
SEC. 4501. OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2017 
Request 
Conference 
Authorized 
WORKING CAPITAL FUND, ARMY 
SUPPLY MANAGEMENT—ARMY .............................................
56,469 
56,469 
TOTAL WORKING CAPITAL FUND, ARMY ................
56,469 
56,469 
WORKING CAPITAL FUND, AIR FORCE 
SUPPLIES AND MATERIALS .....................................................
63,967 
63,967 
TOTAL WORKING CAPITAL FUND, AIR FORCE .....
63,967 
63,967 
WORKING CAPITAL FUND, DEFENSE-WIDE 
SUPPLY CHAIN MANAGEMENT—DEF ...................................
37,132 
37,132 
TOTAL WORKING CAPITAL FUND, DEFENSE- 
WIDE ...................................................................................
37,132 
37,132 
WORKING CAPITAL FUND, DECA 
COMMISSARY ..............................................................................
1,214,045 
1,214,045 
TOTAL WORKING CAPITAL FUND, DECA ................
1,214,045 
1,214,045 
CHEM AGENTS & MUNITIONS DESTRUCTION 
OPERATION & MAINTENANCE ...............................................
147,282 
147,282 
RDT&E ...........................................................................................
388,609 
388,609 
PROCUREMENT ..........................................................................
15,132 
15,132 
TOTAL CHEM AGENTS & MUNITIONS DESTRUC-
TION ...................................................................................
551,023 
551,023 
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE ........................................................................
730,087 
605,087 
Transfer to Defense Security Cooperation Agency ......
[–125,000 
] 
DRUG DEMAND REDUCTION PROGRAM ..............................
114,713 
114,713 
TOTAL DRUG INTERDICTION & CTR-DRUG AC-
TIVITIES, DEF .................................................................
844,800 
719,800 
OFFICE OF THE INSPECTOR GENERAL 
OPERATION AND MAINTENANCE ..........................................
318,882 
318,882 
RDT&E ...........................................................................................
3,153 
3,153 
TOTAL OFFICE OF THE INSPECTOR GENERAL ....
322,035 
322,035 
DEFENSE HEALTH PROGRAM 
OPERATION & MAINTENANCE 
IN-HOUSE CARE ..........................................................................
9,240,160 
9,240,160 
PRIVATE SECTOR CARE ............................................................
15,738,759 
15,738,759 
CONSOLIDATED HEALTH SUPPORT ......................................
2,367,759 
2,367,759 
INFORMATION MANAGEMENT ...............................................
1,743,749 
1,743,749 
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130 STAT. 2873 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4501. OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2017 
Request 
Conference 
Authorized 
MANAGEMENT ACTIVITIES .....................................................
311,380 
311,380 
EDUCATION AND TRAINING ...................................................
743,231 
743,231 
BASE OPERATIONS/COMMUNICATIONS ...............................
2,086,352 
2,086,352 
SUBTOTAL OPERATION & MAINTENANCE .............
32,231,390 
32,231,390 
RDT&E 
RESEARCH ...................................................................................
9,097 
9,097 
EXPLORATRY DEVELOPMENT ................................................
58,517 
58,517 
ADVANCED DEVELOPMENT ....................................................
221,226 
221,226 
DEMONSTRATION/VALIDATION .............................................
96,602 
96,602 
ENGINEERING DEVELOPMENT ..............................................
364,057 
364,057 
MANAGEMENT AND SUPPORT ................................................
58,410 
58,410 
CAPABILITIES ENHANCEMENT ..............................................
14,998 
14,998 
SUBTOTAL RDT&E ...........................................................
822,907 
822,907 
PROCUREMENT 
INITIAL OUTFITTING ................................................................
20,611 
20,611 
REPLACEMENT & MODERNIZATION .....................................
360,727 
360,727 
JOINT OPERATIONAL MEDICINE INFORMATION SYS-
TEM ............................................................................................
2,413 
2,413 
DOD 
HEALTHCARE 
MANAGEMENT 
SYSTEM 
MOD-
ERNIZATION .............................................................................
29,468 
29,468 
SUBTOTAL PROCUREMENT .........................................
413,219 
413,219 
UNDISTRIBUTED 
Historical unobligated balances ....................................
[–399,100 
] 
Reduction for unjustified travel expenses ....................
[–6,500 
] 
Reimbursement rates for Comprehensive Autism 
Care Demonstration program .....................................
[32,000 
] 
SUBTOTAL UNDISTRIBUTED .......................................
–373,600 
TOTAL DEFENSE HEALTH PROGRAM ......................
33,467,516 
33,093,916 
TOTAL OTHER AUTHORIZATIONS .............................
36,556,987 
36,058,387 
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2017 
Request 
Conference 
Authorized 
WORKING CAPITAL FUND, ARMY 
INDUSTRIAL OPERATIONS 
SUPPLY MANAGEMENT—ARMY .............................................
46,833 
46,833 
TOTAL WORKING CAPITAL FUND, ARMY ................
46,833 
46,833 
WORKING CAPITAL FUND, DEFENSE-WIDE 
DEFENSE LOGISTICS AGENCY (DLA) ....................................
93,800 
93,800 
TOTAL WORKING CAPITAL FUND, DEFENSE- 
WIDE ...................................................................................
93,800 
93,800 
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE ........................................................................
191,533 
191,533 
TOTAL DRUG INTERDICTION & CTR-DRUG AC-
TIVITIES, DEF .................................................................
191,533 
191,533 
OFFICE OF THE INSPECTOR GENERAL 
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130 STAT. 2874 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2017 
Request 
Conference 
Authorized 
OPERATION AND MAINTENANCE ..........................................
22,062 
22,062 
TOTAL OFFICE OF THE INSPECTOR GENERAL ....
22,062 
22,062 
DEFENSE HEALTH PROGRAM 
OPERATION AND MAINTENANCE 
IN-HOUSE CARE ..........................................................................
95,366 
95,366 
PRIVATE SECTOR CARE ............................................................
235,620 
235,620 
CONSOLIDATED HEALTH SUPPORT ......................................
3,325 
3,325 
SUBTOTAL OPERATION AND MAINTENANCE .......
334,311 
334,311 
TOTAL DEFENSE HEALTH PROGRAM ......................
334,311 
334,311 
UKRAINE SECURITY ASSISTANCE 
UKRAINE SECURITY ASSISTANCE .........................................
350,000 
Program increase ...........................................................
[350,000 
] 
TOTAL UKRAINE SECURITY ASSISTANCE ..............
350,000 
COUNTERTERRORISM PARTNERSHIPS FUND 
COUNTERTERRORISM PARTNERSHIPS FUND ....................
1,000,000 
0 
Program decrease ...........................................................
[–250,000 
] 
Transfer to Counter-ISIL Fund ....................................
[–750,000 
] 
TOTAL COUNTERTERRORISM PARTNERSHIPS 
FUND ..................................................................................
1,000,000 
0 
TOTAL OTHER AUTHORIZATIONS .............................
1,688,539 
1,038,539 
SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 
OPERATIONS FOR BASE REQUIREMENTS. 
SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE 
REQUIREMENTS 
(In Thousands of Dollars) 
Program Title 
FY 2017 
Request 
Conference 
Authorized 
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE ........................................................................
23,800 
23,800 
TOTAL DRUG INTERDICTION & CTR-DRUG AC-
TIVITIES, DEF .................................................................
23,800 
23,800 
TOTAL OTHER AUTHORIZATIONS .............................
23,800 
23,800 
TITLE XLVI—MILITARY CONSTRUCTION 
SEC. 4601. MILITARY CONSTRUCTION. 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Alaska 
Army 
Fort Wainwright 
Unmanned Aerial Vehicle Hangar ..........
47,000 
47,000 
California 
Army 
Concord 
Access Control Point .................................
12,600 
12,600 
Colorado 
Army 
Fort Carson 
Automated 
Infantry 
Platoon 
Battle 
Course.
8,100 
8,100 
Army 
Fort Carson 
Unmanned Aerial Vehicle Hangar ..........
5,000 
5,000 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Cuba 
Army 
Guantanamo Bay 
Guantanamo Bay Naval Station Migra-
tion Complex.
33,000 
33,000 
Georgia 
Army 
Fort Gordon 
Access Control Point .................................
0 
0 
Army 
Fort Gordon 
Company Operations Facility ..................
0 
10,600 
Army 
Fort Gordon 
Cyber Protection Team Ops Facility .......
90,000 
90,000 
Army 
Fort Stewart 
Automated Qualification/Training Range 
14,800 
14,800 
Germany 
Army 
East Camp 
Grafenwoehr 
Training Support Center ..........................
22,000 
22,000 
Army 
Garmisch 
Dining Facility ..........................................
9,600 
9,600 
Army 
Wiesbaden Army 
Airfield 
Controlled Humidity Warehouse .............
16,500 
16,500 
Army 
Wiesbaden Army 
Airfield 
Hazardous Material Storage Building ....
2,700 
2,700 
Hawaii 
Army 
Fort Shafter 
Command and Control Facility, Incr 2 ...
40,000 
40,000 
Missouri 
Army 
Fort Leonard 
Wood 
Fire Station ...............................................
0 
6,900 
Texas 
Army 
Fort Hood 
Automated 
Infantry 
Platoon 
Battle 
Course.
7,600 
7,600 
Utah 
Army 
Camp Williams 
Live Fire Exercise Shoothouse .................
7,400 
7,400 
Virginia 
Army 
Fort Belvoir 
Secure Admin/Operations Facility, Incr 2 
64,000 
64,000 
Army 
Fort Belvoir 
Vehicle Maintenance Shop .......................
0 
23,000 
Worldwide Unspec-
ified 
Army 
Unspecified 
Worldwide Lo-
cations 
Host Nation Support FY17 ......................
18,000 
18,000 
Army 
Unspecified 
Worldwide Lo-
cations 
Minor Construction FY17 .........................
25,000 
35,000 
Army 
Unspecified 
Worldwide Lo-
cations 
Planning and Design FY17 ......................
80,159 
80,159 
Military Construction, Army Total ..............................................................
503,459 
553,959 
Arizona 
Navy 
Yuma 
VMX–22 Maintenance Hangar ................
48,355 
48,355 
California 
Navy 
Coronado 
Coastal Campus Entry Control Point .....
13,044 
13,044 
Navy 
Coronado 
Coastal Campus Utilities Infrastructure 
81,104 
81,104 
Navy 
Coronado 
Grace Hopper Data Center Power Up-
grades.
10,353 
10,353 
Navy 
Lemoore 
F–35C Engine Repair Facility .................
26,723 
26,723 
Navy 
Miramar 
Aircraft Maintenance Hangar, Incr 1 .....
0 
79,399 
Navy 
Miramar 
Communications Complex & Infrastruc-
ture Upgrade.
0 
34,700 
Navy 
Miramar 
F–35 Aircraft Parking Apron ...................
0 
40,000 
Navy 
San Diego 
Energy Security Hospital Microgrid ........
6,183 
0 
Navy 
Seal Beach 
Missile Magazines .....................................
21,007 
21,007 
Florida 
Navy 
Eglin AFB 
WMD Field Training Facilities ................
20,489 
20,489 
Navy 
Mayport NS 
Advanced Wastewater Treatment Plant
0 
0 
Navy 
Pensacola 
A-School Dormitory ...................................
0 
0 
Guam 
Navy 
Joint Region Mar-
ianas 
Hardening of Guam POL Infrastructure 
26,975 
26,975 
Navy 
Joint Region Mar-
ianas 
Power Upgrade—Harmon ........................
62,210 
62,210 
Hawaii 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Navy 
Barking Sands 
Upgrade 
Power 
Plant 
& 
Electrical 
Distrib Sys.
43,384 
43,384 
Navy 
Kaneohe Bay 
Regimental Consolidated Comm/Elec Fa-
cility.
72,565 
72,565 
Japan 
Navy 
Kadena AB 
Aircraft Maintenance Complex ................
26,489 
26,489 
Navy 
Sasebo 
Shore Power (Juliet Pier) .........................
16,420 
16,420 
Maine 
Navy 
Kittery 
Unaccompanied Housing ..........................
17,773 
17,773 
Navy 
Kittery 
Utility Improvements for Nuclear Plat-
forms.
30,119 
30,119 
Maryland 
Navy 
Patuxent River 
UCLASS RDT&E Hangar ........................
40,576 
40,576 
Nevada 
Navy 
Fallon 
Air Wing Simulator Facility ....................
13,523 
13,523 
North Carolina 
Navy 
Camp Lejeune 
Range Facilities Safety Improvements ...
18,482 
18,482 
Navy 
Cherry Point 
Central Heating Plant Conversion ..........
12,515 
12,515 
South Carolina 
Navy 
Beaufort 
Aircraft Maintenance Hangar ..................
83,490 
83,490 
Navy 
Parris Island 
Recruit Reconditioning Center & Bar-
racks.
29,882 
29,882 
Spain 
Navy 
Rota 
Communication Station ............................
23,607 
23,607 
Virginia 
Navy 
Norfolk 
Chambers Field Magazine Recap Ph I ....
0 
27,000 
Washington 
Navy 
Bangor 
SEAWOLF Class Service Pier .................
0 
73,000 
Navy 
Bangor 
Service Pier Electrical Upgrades .............
18,939 
18,939 
Navy 
Bangor 
Submarine Refit Maint Support Facility 
21,476 
21,476 
Navy 
Bremerton 
Nuclear Repair Facility ............................
6,704 
6,704 
Navy 
Whidbey Island 
EA–18G Maintenance Hangar .................
45,501 
45,501 
Navy 
Whidbey Island 
Triton Mission Control Facility ...............
30,475 
30,475 
Worldwide Unspec-
ified 
Navy 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
88,230 
88,230 
Navy 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
29,790 
29,790 
Navy 
Various World-
wide Locations 
Triton Forward Operating Base Hangar 
41,380 
41,380 
Military Construction, Navy Total ..............................................................
1,027,763 
1,275,679 
Alabama 
AF 
Maxwell AFB 
Jag School Expansion ...............................
0 
15,500 
Alaska 
AF 
Clear AFS 
Fire Station ...............................................
20,000 
20,000 
AF 
Eielson AFB 
F–35A ADAL Field Training Detach-
ment Fac.
22,100 
22,100 
AF 
Eielson AFB 
F–35A Aircraft Weather Shelter (Sqd 2) 
82,300 
82,300 
AF 
Eielson AFB 
F–35A Aircraft Weather Shelters (Sqd 1) 
79,500 
79,500 
AF 
Eielson AFB 
F–35A Earth Covered Magazines ............
11,300 
11,300 
AF 
Eielson AFB 
F–35A Hangar/Propulsion MX/Dispatch
44,900 
44,900 
AF 
Eielson AFB 
F–35A Hangar/Squad Ops/AMU Sq #2 ...
42,700 
42,700 
AF 
Eielson AFB 
F–35A Missile Maintenance Facility .......
12,800 
12,800 
AF 
Joint Base Elmen-
dorf-Richardson 
Add/Alter AWACS Alert Hangar .............
29,000 
29,000 
Arizona 
AF 
Luke AFB 
F–35A Squad Ops/Aircraft Maint Unit 
#5.
20,000 
20,000 
Australia 
AF 
Darwin 
APR—Aircraft MX Support Facility ........
1,800 
1,800 
AF 
Darwin 
APR—Expand Parking Apron ..................
28,600 
28,600 
California 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
AF 
Edwards AFB 
Flightline Fire Station ..............................
24,000 
24,000 
Colorado 
AF 
Buckley AFB 
Small Arms Range Complex ....................
13,500 
13,500 
Delaware 
AF 
Dover AFB 
Aircraft Maintenance Hangar ..................
39,000 
39,000 
Florida 
AF 
Eglin AFB 
Advanced Munitions Technology Com-
plex.
75,000 
75,000 
AF 
Eglin AFB 
Dormitories (288 rooms) ...........................
0 
35,000 
AF 
Eglin AFB 
Flightline Fire Station ..............................
13,600 
13,600 
AF 
Patrick AFB 
Fire/Crash Rescue Station .......................
13,500 
13,500 
Georgia 
AF 
Moody AFB 
Personnel Recovery 4-Bay Hangar/Helo 
MX Unit.
30,900 
30,900 
Germany 
AF 
Ramstein AB 
37 
AS 
Squadron 
Operations/Aircraft 
Maint Unit.
13,437 
13,437 
AF 
Spangdahlem AB 
EIC—Site Development and Infrastruc-
ture.
43,465 
43,465 
Guam 
AF 
Joint Region Mar-
ianas 
APR—Munitions Storage Igloos, Ph 2 ....
35,300 
35,300 
AF 
Joint Region Mar-
ianas 
APR—SATCOM C4I Facility ...................
14,200 
14,200 
AF 
Joint Region Mar-
ianas 
Block 40 Maintenance Hangar ................
31,158 
31,158 
Illinois 
AF 
Scott AFB 
Consolidated Corrosion Facility add/alter 
0 
41,000 
Japan 
AF 
Kadena AB 
APR—Replace Munitions Structures ......
19,815 
19,815 
AF 
Yokota AB 
C–130J Corrosion Control Hangar ..........
23,777 
23,777 
AF 
Yokota AB 
Construct Combat Arms Training & 
Maint Fac.
8,243 
8,243 
Kansas 
AF 
McConnell AFB 
Air Traffic Control Tower .........................
11,200 
11,200 
AF 
McConnell AFB 
KC–46A ADAL Taxiway Delta ................
5,600 
5,600 
AF 
McConnell AFB 
KC–46A Alter Flight Simulator Bldgs ....
3,000 
3,000 
Louisiana 
AF 
Barksdale AFB 
Consolidated Communication Facility ....
21,000 
21,000 
Mariana Islands 
AF 
Unspecified Loca-
tion 
APR—Land Acquisition ............................
9,000 
9,000 
Maryland 
AF 
Joint Base An-
drews 
21 Points Enclosed Firing Range ............
13,000 
13,000 
AF 
Joint Base An-
drews 
Consolidated Communications Center ....
0 
50,000 
AF 
Joint Base An-
drews 
PAR Relocate JADOC Satellite Site ........
3,500 
3,500 
Massachusetts 
AF 
Hanscom AFB 
Construct Vandenberg Gate Complex .....
0 
10,965 
AF 
Hanscom AFB 
System Management Engineering Facil-
ity.
20,000 
20,000 
Montana 
AF 
Malmstrom AFB 
Missile Maintenance Facility ...................
14,600 
14,600 
Nevada 
AF 
Nellis AFB 
F–35A POL Fill Stand Addition ..............
10,600 
10,600 
New Mexico 
AF 
Cannon AFB 
North Fitness Center ................................
21,000 
21,000 
AF 
Holloman AFB 
Hazardous Cargo Pad and Taxiway ........
10,600 
10,600 
AF 
Kirtland AFB 
Combat Rescue Helicopter Simulator .....
7,300 
7,300 
Ohio 
AF 
Wright-Patterson 
AFB 
Relocated Entry Control Facility 26A .....
12,600 
12,600 
Oklahoma 
AF 
Altus AFB 
KC–46A FTU/FTC Simulator Facility Ph 
2.
11,600 
11,600 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
AF 
Tinker AFB 
E–3G Mission and Flight Simulator 
Training Facility.
0 
26,000 
AF 
Tinker AFB 
KC–46A Depot System Integration Lab-
oratory.
17,000 
17,000 
South Carolina 
AF 
Joint Base 
Charleston 
Fire & Rescue Station ..............................
0 
17,000 
Texas 
AF 
Joint Base San 
Antonio 
BMT Recruit Dormitory 6 ........................
67,300 
67,300 
Turkey 
AF 
Incirlik AB 
Airfield Fire/Crash Rescue Station ..........
13,449 
13,449 
United Arab Emir-
ates 
AF 
Al Dhafra 
Large Aircraft Maintenance Hangar .......
35,400 
35,400 
United Kingdom 
AF 
RAF Croughton 
JIAC Consolidation—Ph 3 .......................
53,082 
53,082 
AF 
RAF Croughton 
Main Gate Complex ..................................
16,500 
16,500 
Utah 
AF 
Hill AFB 
649 MUNS Munitions Storage Maga-
zines.
6,600 
6,600 
AF 
Hill AFB 
649 MUNS Precision Guided Missile MX 
Facility.
8,700 
8,700 
AF 
Hill AFB 
649 MUNS STAMP/Maint & Inspection 
Facility.
12,000 
12,000 
AF 
Hill AFB 
Composite Aircraft Antenna Calibration 
Fac.
7,100 
7,100 
AF 
Hill AFB 
F–35A Munitions Maintenance Complex 
10,100 
10,100 
Virginia 
AF 
Joint Base Lang-
ley-Eustis 
Air Force Targeting Center ......................
45,000 
45,000 
AF 
Joint Base Lang-
ley-Eustis 
Fuel System Maintenance Dock ..............
14,200 
14,200 
Washington 
AF 
Fairchild AFB 
Pipeline Dorm, USAF SERE School (150 
RM).
27,000 
27,000 
Worldwide Unspec-
ified 
AF 
Various World-
wide Locations 
Planning & Design ....................................
143,582 
143,582 
AF 
Various World-
wide Locations 
Unspecified Minor Military Construction 
30,000 
40,000 
Wyoming 
AF 
F. E. Warren AFB 
Missile Transfer Facility Bldg 4331 ........
5,550 
5,550 
Military Construction, Air Force Total ......................................................
1,481,058 
1,686,523 
Alaska 
Def-Wide 
Clear AFS 
Long Range Discrim Radar Sys Complex 
Ph 1.
155,000 
155,000 
Def-Wide 
Fort Greely 
Missile Defense Complex Switchgear Fa-
cility.
9,560 
9,560 
Def-Wide 
Joint Base Elmen-
dorf-Richardson 
Construct Truck Offload Facility .............
4,900 
4,900 
Arizona 
Def-Wide 
Fort Huachuca 
JITC Building 52110 Renovation ............
4,493 
4,493 
California 
Def-Wide 
Coronado 
SOF Human Performance Training Cen-
ter.
15,578 
15,578 
Def-Wide 
Coronado 
SOF Seal Team Ops Facility ....................
47,290 
47,290 
Def-Wide 
Coronado 
SOF Seal Team Ops Facility ....................
47,290 
47,290 
Def-Wide 
Coronado 
SOF Special RECON Team ONE Oper-
ations Fac.
20,949 
20,949 
Def-Wide 
Coronado 
SOF Training Detachment ONE Ops Fa-
cility.
44,305 
44,305 
Def-Wide 
Travis AFB 
Replace Hydrant Fuel System .................
26,500 
26,500 
Delaware 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Def-Wide 
Dover AFB 
Welch ES/Dover MS Replacement ...........
44,115 
44,115 
Diego Garcia 
Def-Wide 
Diego Garcia 
Improve Wharf Refueling Capability ......
30,000 
30,000 
Florida 
Def-Wide 
Patrick AFB 
Replace Fuel Tanks ..................................
10,100 
10,100 
Georgia 
Def-Wide 
Fort Benning 
SOF Tactical Unmanned Aerial Vehicle 
Hangar.
4,820 
4,820 
Def-Wide 
Fort Gordon 
Medical Clinic Replacement .....................
25,000 
25,000 
Germany 
Def-Wide 
Kaiserlautern AB 
Sembach Elementary/Middle School Re-
placement.
45,221 
45,221 
Def-Wide 
Rhine Ordnance 
Barracks 
Medical Center Replacement Incr 6 ........
58,063 
58,063 
Japan 
Def-Wide 
Iwakuni 
Construct Truck Offload & Loading Fa-
cilities.
6,664 
6,664 
Def-Wide 
Kadena AB 
Kadena Elementary School Replacement 
84,918 
84,918 
Def-Wide 
Kadena AB 
Medical Materiel Warehouse ...................
20,881 
20,881 
Def-Wide 
Kadena AB 
SOF Maintenance Hangar .......................
42,823 
42,823 
Def-Wide 
Kadena AB 
SOF Simulator Facility (MC–130) ...........
12,602 
12,602 
Def-Wide 
Yokota AB 
Airfield Apron ............................................
41,294 
41,294 
Def-Wide 
Yokota AB 
Hangar/AMU .............................................
39,466 
39,466 
Def-Wide 
Yokota AB 
Operations and Warehouse Facilities .....
26,710 
26,710 
Def-Wide 
Yokota AB 
Simulator Facility .....................................
6,261 
6,261 
Kwajalein 
Def-Wide 
Kwajalein Atoll 
Replace Fuel Storage Tanks ....................
85,500 
85,500 
Maine 
Def-Wide 
Kittery 
Medical/Dental Clinic Replacement ........
27,100 
27,100 
Maryland 
Def-Wide 
Bethesda Naval 
Hospital 
MEDCEN Addition/Alteration Incr 1 ......
50,000 
50,000 
Def-Wide 
Fort Meade 
Access Control Facility .............................
21,000 
21,000 
Def-Wide 
Fort Meade 
NSAW Campus Feeders Phase 3 .............
17,000 
17,000 
Def-Wide 
Fort Meade 
NSAW Recapitalize Building #2 Incr 2 ...
195,000 
195,000 
Missouri 
Def-Wide 
St. Louis 
Land 
Acquisition—Next 
NGA 
West 
Campus.
801 
801 
North Carolina 
Def-Wide 
Camp Lejeune 
Dental Clinic Replacement .......................
31,000 
31,000 
Def-Wide 
Fort Bragg 
SOF Combat Medic Training Facility .....
10,905 
10,905 
Def-Wide 
Fort Bragg 
SOF Parachute Rigging Facility ..............
21,420 
21,420 
Def-Wide 
Fort Bragg 
SOF Special Tactics Facility (Ph 3) .........
30,670 
30,670 
Def-Wide 
Fort Bragg 
SOF Tactical Equipment Maintenance 
Facility.
23,598 
23,598 
South Carolina 
Def-Wide 
Joint Base 
Charleston 
Construct Hydrant Fuel System ..............
17,000 
17,000 
Texas 
Def-Wide 
Red River Army 
Depot 
Construct Warehouse & Open Storage ...
44,700 
44,700 
Def-Wide 
Sheppard AFB 
Medical/Dental Clinic Replacement ........
91,910 
91,910 
United Kingdom 
Def-Wide 
RAF Croughton 
Croughton Elem/Middle/High School Re-
placement.
71,424 
71,424 
Def-Wide 
RAF Lakenheath 
Construct Hydrant Fuel System ..............
13,500 
13,500 
Virginia 
Def-Wide 
Pentagon 
Pentagon Metro Entrance Facility ..........
12,111 
12,111 
Def-Wide 
Pentagon 
Upgrade IT Facilities Infrastructure— 
RRMC.
8,105 
8,105 
Wake Island 
Def-Wide 
Wake Island 
Test Support Facility ................................
11,670 
11,670 
Worldwide Unspec-
ified 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Battalion Complex ....................................
0 
0 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Contingency Construction ........................
10,000 
0 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Energy Conservation Investment Pro-
gram Design.
10,000 
0 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Energy Conservation Investment Pro-
gram.
150,000 
150,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Exercise Related Minor Construction .....
8,631 
8,631 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design, Defense Wide .......
13,450 
23,450 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design, DODEA ................
23,585 
23,585 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design, NGA ......................
71,647 
36,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design, NSA ......................
24,000 
24,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design, WHS .....................
3,427 
3,427 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
3,000 
3,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
3,000 
3,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
5,994 
5,994 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
8,500 
8,500 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Milcon ........................
3,913 
3,913 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Worldwide Unspecified Minor Construc-
tion.
2,414 
2,414 
Def-Wide 
Various World-
wide Locations 
Planning & Design, DLA ..........................
27,660 
27,660 
Def-Wide 
Various World-
wide Locations 
Planning and Design, SOCOM ................
27,653 
27,653 
Worldwide Unspec-
ified Locations 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning & Design, MDA .........................
0 
15,000 
Military Construction, Defense-Wide Total ..............................................
2,056,091 
2,025,444 
Worldwide Unspec-
ified 
NATO 
NATO Security 
Investment Pro-
gram 
NATO Security Investment Program ......
177,932 
177,932 
NATO Security Investment Program Total ...............................................
177,932 
177,932 
Colorado 
Army NG 
Fort Carson 
National Guard Readiness Center ..........
0 
16,500 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Hawaii 
Army NG 
Hilo 
Combined Support Maintenance Shop ....
31,000 
31,000 
Iowa 
Army NG 
Davenport 
National Guard Readiness Center ..........
23,000 
23,000 
Kansas 
Army NG 
Fort Leavenworth 
National Guard Readiness Center ..........
29,000 
29,000 
New Hampshire 
Army NG 
Hooksett 
National Guard Vehicle Maintenance 
Shop.
11,000 
11,000 
Army NG 
Rochester 
National Guard Vehicle Maintenance 
Shop.
8,900 
8,900 
Oklahoma 
Army NG 
Ardmore 
National Guard Readiness Center ..........
22,000 
22,000 
Pennsylvania 
Army NG 
Fort Indiantown 
Gap 
Access Control Buildings ..........................
0 
20,000 
Army NG 
York 
National Guard Readiness Center ..........
9,300 
9,300 
Rhode Island 
Army NG 
East Greenwich 
National Guard/Reserve Center Building 
(JFHQ).
20,000 
20,000 
Utah 
Army NG 
Camp Williams 
National Guard Readiness Center ..........
37,000 
37,000 
Worldwide Unspec-
ified 
Army NG 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
8,729 
8,729 
Army NG 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
12,001 
12,001 
Wyoming 
Army NG 
Camp Guernsey 
General Instruction Building ...................
0 
31,000 
Army NG 
Laramie 
National Guard Readiness Center ..........
21,000 
21,000 
Military Construction, Army National Guard Total ...............................
232,930 
300,430 
Arizona 
Army Res 
Phoenix 
Army Reserve Center ...............................
0 
30,000 
California 
Army Res 
Barstow 
Equipment Concentration Site ................
0 
0 
Army Res 
Camp Parks 
Transient Training Barracks ...................
19,000 
19,000 
Army Res 
Fort Hunter 
Liggett 
Emergency Services Center .....................
21,500 
21,500 
Virginia 
Army Res 
Dublin 
Organizational Maintenance Shop/AMSA 
6,000 
6,000 
Washington 
Army Res 
Joint Base Lewis- 
McChord 
Army Reserve Center ...............................
0 
0 
Wisconsin 
Army Res 
Fort McCoy 
AT/MOB Dining Facility ..........................
11,400 
11,400 
Worldwide Unspec-
ified 
Army Res 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
7,500 
7,500 
Army Res 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
2,830 
2,830 
Military Construction, Army Reserve Total .............................................
68,230 
98,230 
Louisiana 
N/MC Res 
New Orleans 
Joint Reserve Intelligence Center ...........
11,207 
11,207 
New York 
N/MC Res 
Brooklyn 
Electric Feeder Ductbank .........................
1,964 
1,964 
N/MC Res 
Syracuse 
Marine Corps Reserve Center ..................
13,229 
13,229 
Texas 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
N/MC Res 
Galveston 
Reserve Center Annex ..............................
8,414 
8,414 
Worldwide Unspec-
ified 
N/MC Res 
Unspecified 
Worldwide Lo-
cations 
MCNR Planning & Design .......................
3,783 
3,783 
Military Construction, Naval Reserve Total .............................................
38,597 
38,597 
Connecticut 
Air NG 
Bradley IAP 
Construct Small Air Terminal .................
6,300 
6,300 
Florida 
Air NG 
Jacksonville IAP 
Replace Fire Crash/Rescue Station .........
9,000 
9,000 
Hawaii 
Air NG 
Joint Base Pearl 
Harbor-Hickam 
F–22 Composite Repair Facility ..............
11,000 
11,000 
Iowa 
Air NG 
Sioux Gateway 
Airport 
Construct Consolidated Support Func-
tions.
12,600 
12,600 
Maryland 
Air NG 
Joint Base An-
drews 
Munitions Load Crew Trng/Corrosion 
Cntrl Facility.
0 
5,000 
Minnesota 
Air NG 
Duluth IAP 
Load Crew Training/Weapon Shops ........
7,600 
7,600 
New Hampshire 
Air NG 
Pease Inter-
national Trade 
Port 
KC–46A Install Fuselage Trainer Bldg 
251.
1,500 
1,500 
North Carolina 
Air NG 
Charlotte/Douglas 
IAP 
C–17 Corrosion Control/Fuel Cell Hang-
ar.
29,600 
29,600 
Air NG 
Charlotte/Douglas 
IAP 
C–17 Type III Hydrant Refueling Sys-
tem.
21,000 
21,000 
Ohio 
Air NG 
Toledo Express 
Airport 
Indoor Small Arms Range ........................
0 
6,000 
South Carolina 
Air NG 
McEntire ANGS 
Replace Operations and Training Facil-
ity.
8,400 
8,400 
Texas 
Air NG 
Ellington Field 
Consolidate Crew Readiness Facility ......
4,500 
4,500 
Vermont 
Air NG 
Burlington IAP 
F–35 Beddown 4-Bay Flight Simulator ..
4,500 
4,500 
Worldwide Unspec-
ified 
Air NG 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
17,495 
17,495 
Air NG 
Various World-
wide Locations 
Planning and Design ................................
10,462 
10,462 
Military Construction, Air National Guard Total ...................................
143,957 
154,957 
Guam 
AF Res 
Andersen AFB 
Reserve Medical Training Facility ..........
0 
0 
Massachusetts 
AF Res 
Westover ARB 
Indoor Small Arms Range ........................
0 
0 
North Carolina 
AF Res 
Seymour Johnson 
AFB 
KC–46A ADAL Bldg for AGE/Fuselage 
Training.
5,700 
5,700 
AF Res 
Seymour Johnson 
AFB 
KC–46A ADAL Squadron Operations Fa-
cilities.
2,250 
2,250 
AF Res 
Seymour Johnson 
AFB 
KC–46A Two Bay Corrosion/Fuel Cell 
Hangar.
90,000 
90,000 
Pennsylvania 
AF Res 
Pittsburgh IAP 
C–17 ADAL Fuel Hydrant System ..........
22,800 
22,800 
AF Res 
Pittsburgh IAP 
C–17 Const/OverlayTaxiway and Apron
8,200 
8,200 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
AF Res 
Pittsburgh IAP 
C–17 Construct Two Bay Corrosion/Fuel 
Hangar.
54,000 
54,000 
Utah 
AF Res 
Hill AFB 
ADAL Life Support Facility .....................
0 
0 
Worldwide Unspec-
ified 
AF Res 
Unspecified 
Worldwide Lo-
cations 
Planning & Design ....................................
4,500 
4,500 
AF Res 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
1,500 
1,500 
Military Construction, Air Force Reserve Total ......................................
188,950 
188,950 
Korea 
FH Con Army 
Camp Humphreys 
Family Housing New Construction, Incr 
1.
143,563 
100,000 
FH Con Army 
Camp Walker 
Family Housing New Construction .........
54,554 
54,554 
Worldwide Unspec-
ified 
FH Con Army 
Unspecified 
Worldwide Lo-
cations 
Planning & Design ....................................
2,618 
2,618 
Family Housing Construction, Army Total ...............................................
200,735 
157,172 
Worldwide Unspec-
ified 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Furnishings ...............................................
10,178 
10,178 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Housing Privatization Support ................
19,146 
19,146 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
131,761 
131,761 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Maintenance ..............................................
60,745 
60,745 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Management ..............................................
40,344 
40,344 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Miscellaneous ............................................
400 
400 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Services ......................................................
7,993 
7,993 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Utilities ......................................................
55,428 
55,428 
Family Housing Operation And Maintenance, Army Total ..................
325,995 
325,995 
Mariana Islands 
FH Con Navy 
Guam 
Replace Andersen Housing Ph I ..............
78,815 
78,815 
Worldwide Unspec-
ified 
FH Con Navy 
Unspecified 
Worldwide Lo-
cations 
Construction Improvements .....................
11,047 
11,047 
FH Con Navy 
Unspecified 
Worldwide Lo-
cations 
Planning & Design ....................................
4,149 
4,149 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Family Housing Construction, Navy And Marine Corps Total ............
94,011 
94,011 
Worldwide Unspec-
ified 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Furnishings ...............................................
17,457 
17,457 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Housing Privatization Support ................
26,320 
26,320 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
54,689 
54,689 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Maintenance ..............................................
81,254 
81,254 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Management ..............................................
51,291 
51,291 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Miscellaneous ............................................
364 
364 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Services ......................................................
12,855 
12,855 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Utilities ......................................................
56,685 
56,685 
Family Housing Operation And Maintenance, Navy And Marine 
Corps Total.
300,915 
300,915 
Worldwide Unspec-
ified 
FH Con AF 
Unspecified 
Worldwide Lo-
cations 
Construction Improvements .....................
56,984 
56,984 
FH Con AF 
Unspecified 
Worldwide Lo-
cations 
Planning & Design ....................................
4,368 
4,368 
Family Housing Construction, Air Force Total .......................................
61,352 
61,352 
Worldwide Unspec-
ified 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Furnishings ...............................................
31,690 
31,690 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Housing Privatization Support ................
41,809 
41,809 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
20,530 
20,530 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Maintenance ..............................................
85,469 
85,469 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Management ..............................................
42,919 
42,919 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Miscellaneous ............................................
1,745 
1,745 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Services ......................................................
13,026 
13,026 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Utilities ......................................................
37,241 
37,241 
Family Housing Operation And Maintenance, Air Force Total ...........
274,429 
274,429 
Worldwide Unspec-
ified 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Furnishings ...............................................
20 
20 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Furnishings ...............................................
500 
500 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Furnishings ...............................................
399 
399 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
40,984 
40,984 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
11,044 
11,044 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Maintenance ..............................................
349 
349 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Maintenance ..............................................
800 
800 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Management ..............................................
388 
388 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Services ......................................................
32 
32 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Utilities ......................................................
4,100 
4,100 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Utilities ......................................................
174 
174 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Utilities ......................................................
367 
367 
Family Housing Operation And Maintenance, Defense-Wide Total ...
59,157 
59,157 
Worldwide Unspec-
ified 
FHIF 
Unspecified 
Worldwide Lo-
cations 
Program Expenses ....................................
3,258 
3,258 
DoD Family Housing Improvement Fund Total ......................................
3,258 
3,258 
Worldwide Unspec-
ified 
BRAC 
Base Realignment 
& Closure, 
Army 
Base Realignment and Closure ................
14,499 
24,499 
Base Realignment and Closure—Army Total ...........................................
14,499 
24,499 
Worldwide Unspec-
ified 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
BRAC 
Base Realignment 
& Closure, 
Navy 
Base Realignment & Closure ...................
110,606 
135,606 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DON–100: Planning, Design and Man-
agement.
4,604 
4,604 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DON–101: Various Locations ...................
10,461 
10,461 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DON–138: NAS Brunswick, ME ..............
557 
557 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DON–157: MCSA Kansas City, MO ........
100 
100 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DON–172: NWS Seal Beach, Concord, 
CA.
4,648 
4,648 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DON–84: JRB Willow Grove & Cambria 
Reg AP.
3,397 
3,397 
Base Realignment and Closure—Navy Total ............................................
134,373 
159,373 
Worldwide Unspec-
ified 
BRAC 
Unspecified 
Worldwide Lo-
cations 
DoD BRAC Activities—Air Force ............
56,365 
56,365 
Base Realignment and Closure—Air Force Total ....................................
56,365 
56,365 
Worldwide Unspec-
ified 
PYS 
Unspecified 
Worldwide Lo-
cations 
Planning and Design, Defense Wide .......
0 
–30,000 
PYS 
Worldwide 
Air Force ....................................................
0 
–51,460 
PYS 
Worldwide 
Army ..........................................................
0 
–29,602 
PYS 
Worldwide 
Defense-Wide .............................................
0 
–141,600 
PYS 
Worldwide 
Navy ...........................................................
0 
0 
Worldwide Unspec-
ified Locations 
PYS 
Worldwide 
HAP ............................................................
0 
–25,000 
PYS 
Worldwide 
NSIP ...........................................................
0 
–30,000 
Prior Year Savings Total ...............................................................................
0 
–307,662 
Total, Military Construction .........................................................................
7,444,056 
7,709,565 
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Worldwide Unspec-
ified 
Army 
Unspecified World-
wide Locations 
ERI: Planning and Design .........................
18,900 
18,900 
Military Construction, Army Total ..................................................................
18,900 
18,900 
Iceland 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2017 
Request 
Conference 
Authorized 
Navy 
Keflavik 
ERI: P–8A Aircraft Rinse Rack .................
5,000 
5,000 
Navy 
Keflavik 
ERI: P–8A Hangar Upgrade ......................
14,600 
14,600 
Worldwide Unspec-
ified 
Navy 
Unspecified World-
wide Locations 
ERI: Planning and Design .........................
1,800 
1,800 
Military Construction, Navy Total ..................................................................
21,400 
21,400 
Bulgaria 
AF 
Graf Ignatievo 
ERI: Construct Sq Ops/Operational Alert 
Fac.
3,800 
3,800 
AF 
Graf Ignatievo 
ERI: Fighter Ramp Extension ...................
7,000 
7,000 
AF 
Graf Ignatievo 
ERI: Upgrade Munitions Storage Area .....
2,600 
2,600 
Djibouti 
AF 
Chabelley Airfield 
OCO: Construct Chabelley Access Road ...
3,600 
3,600 
AF 
Chabelley Airfield 
OCO: Construct Parking Apron and Taxi-
way.
6,900 
6,900 
Estonia 
AF 
Amari AB 
ERI: Construct Bulk Fuel Storage ............
6,500 
6,500 
Germany 
AF 
Spangdahlem AB 
ERI: Construct High Cap Trim Pad & 
Hush House.
1,000 
1,000 
AF 
Spangdahlem AB 
ERI: F/A–22 Low Observable/Comp Re-
pair Fac.
12,000 
12,000 
AF 
Spangdahlem AB 
ERI: 
F/A–22 
Upgrade 
Infrastructure/ 
Comm/Util.
1,600 
1,600 
AF 
Spangdahlem AB 
ERI: Upgrade Hardened Aircraft Shelters 
2,700 
2,700 
AF 
Spangdahlem AB 
ERI: Upgrade Munitions Storage Doors ...
1,400 
1,400 
Lithuania 
AF 
Siauliai 
ERI: Munitions Storage ..............................
3,000 
3,000 
Poland 
AF 
Lask AB 
ERI: Construct Squadron Operations Fa-
cility.
4,100 
4,100 
AF 
Powidz AB 
ERI: Construct Squadron Operations Fa-
cility.
4,100 
4,100 
Romania 
AF 
Campia Turzii 
ERI: Construct Munitions Storage Area ...
3,000 
3,000 
AF 
Campia Turzii 
ERI: Construct Squadron Operations Fa-
cility.
3,400 
3,400 
AF 
Campia Turzii 
ERI: Construct Two-Bay Hangar ..............
6,100 
6,100 
AF 
Campia Turzii 
ERI: Extend Parking Aprons .....................
6,000 
6,000 
Worldwide Unspec-
ified 
AF 
Unspecified World-
wide Locations 
CTP: Planning and Design .........................
9,000 
8,551 
AF 
Unspecified World-
wide Locations 
OCO: Planning and Design ........................
940 
940 
Military Construction, Air Force Total ..........................................................
88,740 
88,291 
Worldwide Unspec-
ified 
Def-Wide 
Unspecified World-
wide Locations 
ERI: Unspecified Minor Construction .......
5,000 
5,000 
Military Construction, Defense-Wide Total ..................................................
5,000 
5,000 
Total, Military Construction .............................................................................
134,040 
133,591 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 
OPERATIONS FOR BASE REQUIREMENTS. 
SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE 
REQUIREMENTS 
(In Thousands of Dollars) 
Service 
State/Country and In-
stallation 
Project 
FY 2017 
Request 
Conference 
Authorized 
Djibouti 
Navy 
Camp Lemonier 
OCO: Medical/Dental Facility ........................
37,409 
37,409 
Worldwide Unspecified 
Navy 
Unspecified World-
wide Locations 
Planning and Design ......................................
1,000 
1,000 
Military Construction, Navy Total ................................................................
38,409 
38,409 
Total, Military Construction ...........................................................................
38,409 
38,409 
TITLE XLVII—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
Discretionary Summary By Appropriation 
Energy And Water Development, And Related Agencies 
Appropriation Summary: 
Energy Programs 
Nuclear Energy ..............................................................
151,876 
136,616 
Atomic Energy Defense Activities 
National nuclear security administration: 
Weapons activities ..................................................
9,243,147 
9,429,029 
Defense nuclear nonproliferation ..........................
1,807,916 
1,886,916 
Naval reactors .........................................................
1,420,120 
1,417,620 
Federal salaries and expenses ...............................
412,817 
395,517 
Total, National nuclear security administration 
12,884,000 
13,129,082 
Environmental and other defense activities: 
Defense environmental cleanup .............................
5,382,050 
5,273,558 
Other defense activities ..........................................
791,552 
789,552 
Total, Environmental & other defense activities 
6,173,602 
6,063,110 
Total, Atomic Energy Defense Activities .....................
19,057,602 
19,192,192 
Total, Discretionary Funding .......................................................
19,209,478 
19,328,808 
Nuclear Energy 
Idaho sitewide safeguards and security .....................................
129,303 
129,303 
Idaho operations and maintenance .............................................
7,313 
7,313 
Consent Based Siting ...................................................................
15,260 
0 
Denial of funds for defense-only repository ........................
[–15,260 
] 
Total, Nuclear Energy .....................................................................
151,876 
136,616 
Weapons Activities 
Directed stockpile work 
Life extension programs 
B61 Life extension program ..........................................
616,079 
616,079 
W76 Life extension program .........................................
222,880 
222,880 
W88 Alt 370 ....................................................................
281,129 
281,129 
W80–4 Life extension program .....................................
220,253 
220,253 
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130 STAT. 2889 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
Total, Life extension programs ......................................
1,340,341 
1,340,341 
Stockpile systems 
B61 Stockpile systems ...................................................
57,313 
57,313 
W76 Stockpile systems ..................................................
38,604 
38,604 
W78 Stockpile systems ..................................................
56,413 
56,413 
W80 Stockpile systems ..................................................
64,631 
64,631 
B83 Stockpile systems ...................................................
41,659 
41,659 
W87 Stockpile systems ..................................................
81,982 
81,982 
W88 Stockpile systems ..................................................
103,074 
103,074 
Total, Stockpile systems ...................................................
443,676 
443,676 
Weapons dismantlement and disposition 
Operations and maintenance ........................................
68,984 
56,000 
Denial of dismantlement acceleration ...................
[–12,984 
] 
Stockpile services 
Production support .........................................................
457,043 
457,043 
Research and development support ..............................
34,187 
34,187 
R&D certification and safety .........................................
156,481 
156,481 
Management, technology, and production ...................
251,978 
251,978 
Total, Stockpile services ..................................................
899,689 
899,689 
Nuclear material commodities 
Uranium sustainment ...................................................
20,988 
20,988 
Plutonium sustainment .................................................
184,970 
184,970 
Tritium sustainment ......................................................
109,787 
109,787 
Domestic uranium enrichment .....................................
50,000 
50,000 
Strategic materials sustainment ..................................
212,092 
212,092 
Total, Nuclear material commodities ...........................
577,837 
577,837 
Total, Directed stockpile work ..............................................
3,330,527 
3,317,543 
Research, development, test and evaluation (RDT&E) 
Science 
Advanced certification ...................................................
58,000 
58,000 
Primary assessment technologies .................................
99,000 
99,000 
Dynamic materials properties .......................................
106,000 
106,000 
Advanced radiography ...................................................
50,500 
50,500 
Secondary assessment technologies ..............................
76,000 
76,000 
Academic alliances and partnerships ...........................
52,484 
52,484 
Total, Science ......................................................................
441,984 
441,984 
Engineering 
Enhanced surety ............................................................
37,196 
37,196 
Weapon systems engineering assessment technology
16,958 
16,958 
Nuclear survivability .....................................................
43,105 
43,105 
Enhanced surveillance ...................................................
42,228 
42,228 
Total, Engineering .............................................................
139,487 
139,487 
Inertial confinement fusion ignition and high yield 
Ignition ...........................................................................
75,432 
75,432 
Support of other stockpile programs ............................
23,363 
23,363 
Diagnostics, cryogenics and experimental support .....
68,696 
68,696 
Pulsed power inertial confinement fusion ....................
5,616 
5,616 
Joint program in high energy density laboratory 
plasmas .......................................................................
9,492 
9,492 
Facility operations and target production ....................
340,360 
340,360 
Total, Inertial confinement fusion and high yield ....
522,959 
522,959 
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130 STAT. 2890 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
Advanced simulation and computing ..................................
663,184 
656,184 
Program decrease ...........................................................
[–7,000 
] 
Stockpile Responsiveness Program ......................................
0 
40,000 
Program increase ...........................................................
[40,000 
] 
Advanced manufacturing 
Additive manufacturing .................................................
12,000 
12,000 
Component manufacturing development .....................
46,583 
46,583 
Processing technology development ..............................
28,522 
28,522 
Total, Advanced manufacturing ....................................
87,105 
87,105 
Total, RDT&E .............................................................................
1,854,719 
1,887,719 
Infrastructure and operations (formerly RTBF) 
Operating 
Operations of facilities 
Kansas City Plant ...................................................
101,000 
101,000 
Lawrence Livermore National Laboratory ...........
70,500 
70,500 
Los Alamos National Laboratory ...........................
196,500 
196,500 
Nevada Test Site .....................................................
92,500 
92,500 
Pantex ......................................................................
55,000 
55,000 
Sandia National Laboratory ..................................
118,000 
118,000 
Savannah River Site ...............................................
83,500 
83,500 
Y–12 National security complex ............................
107,000 
107,000 
Total, Operations of facilities ..................................
824,000 
824,000 
Safety and environmental operations ..................................
110,000 
110,000 
Maintenance and repair of facilities ....................................
294,000 
324,000 
Address high-priority preventative maintenance ........
[30,000 
] 
Recapitalization: 
Infrastructure and safety ..............................................
554,643 
630,509 
Address high-priority deferred maintenance ........
[75,866 
] 
Capability based investment .........................................
112,639 
112,639 
Total, Recapitalization .....................................................
667,282 
743,148 
Construction: 
17–D–640 U1a Complex Enhancements Project, 
NNSS ...........................................................................
11,500 
11,500 
17–D–630 Electrical Infrastructure Upgrades, LLNL 
25,000 
25,000 
16–D–515 Albuquerque complex upgrades project .....
15,047 
15,047 
15–D–613 Emergency Operations Center, Y–12 .........
2,000 
2,000 
15–D–302 TA–55 Reinvestment project, Phase 3, 
LANL ...........................................................................
21,455 
21,455 
07–D–220–04 Transuranic liquid waste facility, 
LANL ...........................................................................
17,053 
17,053 
06–D–141 PED/Construction, UPF Y–12, Oak Ridge, 
TN ................................................................................
575,000 
575,000 
04–D–125 Chemistry and metallurgy research re-
placement project, LANL ...........................................
159,615 
159,615 
Total, Construction ...........................................................
826,670 
826,670 
Total, Infrastructure and operations ...................................
2,721,952 
2,827,818 
Secure transportation asset 
Operations and equipment ...................................................
179,132 
179,132 
Program direction .................................................................
103,600 
103,600 
Total, Secure transportation asset .......................................
282,732 
282,732 
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130 STAT. 2891 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
Defense nuclear security 
Operations and maintenance ...............................................
657,133 
693,133 
Support to physical security infrastructure recapital-
ization and CSTART ..................................................
[36,000 
] 
Construction: 
14–D–710 Device assembly facility argus installation 
project, NV ..................................................................
13,000 
13,000 
17–D–710 West end protected area reduction project, 
Y–12 .............................................................................
0 
24,000 
Total, Defense nuclear security ............................................
670,133 
730,133 
Information technology and cybersecurity .................................
176,592 
176,592 
Legacy contractor pensions ..........................................................
248,492 
248,492 
Rescission of prior year balances ................................................
–42,000 
–42,000 
Total, Weapons Activities ...............................................................
9,243,147 
9,429,029 
Defense Nuclear Nonproliferation 
Defense Nuclear Nonproliferation Programs 
Defense Nuclear Nonproliferation R&D 
Global material security ................................................
337,108 
337,108 
Material management and minimization ....................
341,094 
321,094 
Program decrease ....................................................
[–20,000 
] 
Nonproliferation and arms control ...............................
124,703 
124,703 
Defense Nuclear Nonproliferation R&D .......................
393,922 
417,922 
Acceleration of low-yield detection experiments ..
[4,000 
] 
Nuclear detection technology and new challenges 
such as 3D printing .............................................
[20,000 
] 
Low Enriched Uranium R&D for Naval Reactors .......
0 
5,000 
Low Enriched Uranium R&D for Naval Reactors 
[5,000 
] 
Nonproliferation Construction: 
99–D–143 Mixed Oxide (MOX) Fuel Fabrication 
Facility, SRS ........................................................
270,000 
340,000 
Increase to support construction ....................
[70,000 
] 
Total, Nonproliferation construction ....................
270,000 
340,000 
Total, Defense Nuclear Nonproliferation Programs
1,466,827 
1,545,827 
Legacy contractor pensions ..........................................................
83,208 
83,208 
Nuclear counterterrorism and incident response program .......
271,881 
271,881 
Rescission of prior year balances ................................................
–14,000 
–14,000 
Total, Defense Nuclear Nonproliferation ..................................
1,807,916 
1,886,916 
Naval Reactors 
Naval reactors operations and infrastructure ............................
449,682 
447,182 
Naval reactors development ........................................................
437,338 
437,338 
Ohio replacement reactor systems development ........................
213,700 
213,700 
S8G Prototype refueling ..............................................................
124,000 
124,000 
Program direction .........................................................................
47,100 
47,100 
Construction: 
17–D–911, BL Fire System Upgrade ...................................
1,400 
1,400 
15–D–904 NRF Overpack Storage Expansion 3 .................
700 
700 
15–D–902 KS Engineroom team trainer facility ................
33,300 
33,300 
14–D–901 Spent fuel handling recapitalization project, 
NRF ....................................................................................
100,000 
100,000 
10–D–903, Security upgrades, KAPL ..................................
12,900 
12,900 
Total, Construction ..................................................................
148,300 
148,300 
Total, Naval Reactors ......................................................................
1,420,120 
1,417,620 
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130 STAT. 2892 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
Federal Salaries And Expenses 
Program direction .........................................................................
412,817 
395,517 
Program decrease ..................................................................
[–17,300 
] 
Total, Office Of The Administrator .............................................
412,817 
395,517 
Defense Environmental Cleanup 
Closure sites: 
Closure sites administration ................................................
9,389 
9,389 
Hanford site: 
River corridor and other cleanup operations ......................
69,755 
114,755 
Acceleration of priority programs .................................
[45,000 
] 
Central plateau remediation ................................................
620,869 
644,369 
Acceleration of priority programs .................................
[23,500 
] 
Richland community and regulatory support .....................
14,701 
14,701 
Construction: 
15–D–401 Containerized sludge removal annex, RL ..
11,486 
11,486 
Total, Hanford site ....................................................................
716,811 
785,311 
Idaho National Laboratory: 
Idaho cleanup and waste disposition ...................................
359,088 
359,088 
Idaho community and regulatory support ...........................
3,000 
3,000 
Total, Idaho National Laboratory .........................................
362,088 
362,088 
Los Alamos National Laboratory 
EMLA cleanup activities ......................................................
185,606 
195,606 
Program Increase ...........................................................
[10,000 
] 
EMLA community and regulatory support .........................
3,394 
3,394 
Total, Los Alamos National Laboratory ..............................
189,000 
199,000 
NNSA sites 
Lawrence Livermore National Laboratory ..........................
1,396 
1,396 
Separations Process Research Unit .....................................
3,685 
3,685 
Nevada ...................................................................................
62,176 
62,176 
Sandia National Laboratories ..............................................
4,130 
4,130 
Total, NNSA sites and Nevada off-sites ...............................
71,387 
71,387 
Oak Ridge Reservation: 
OR Nuclear facility D & D 
OR Nuclear facility D & D ............................................
93,851 
93,851 
Construction: 
14–D–403 Outfall 200 Mercury Treatment Facil-
ity .........................................................................
5,100 
5,100 
Total, OR Nuclear facility D & D ...................................
98,951 
98,951 
U233 Disposition Program ...................................................
37,311 
37,311 
OR cleanup and disposition ..................................................
54,557 
54,557 
OR reservation community and regulatory support ...........
4,400 
4,400 
Oak Ridge technology development .....................................
3,000 
3,000 
Total, Oak Ridge Reservation ................................................
198,219 
198,219 
Office of River Protection: 
Waste treatment and immobilization plant 
WTP operations ..............................................................
3,000 
3,000 
15–D–409 Low activity waste pretreatment system, 
ORP .............................................................................
73,000 
73,000 
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130 STAT. 2893 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
01–D–416 A–D/ORP–0060 / Major construction ..........
690,000 
690,000 
Total, Waste treatment and immobilization plant ....
766,000 
766,000 
Tank farm activities 
Rad liquid tank waste stabilization and disposition ...
721,456 
721,456 
Total, Tank farm activities ..............................................
721,456 
721,456 
Total, Office of River protection ...........................................
1,487,456 
1,487,456 
Savannah River sites: 
Nuclear Material Management ............................................
311,062 
311,062 
Environmental Cleanup ........................................................
152,504 
152,504 
SR community and regulatory support ...............................
11,249 
11,249 
Radioactive liquid tank waste: 
Radioactive liquid tank waste stabilization and dis-
position ........................................................................
645,332 
645,332 
Construction: 
15–D–402—Saltstone Disposal Unit #6, SRS .......
7,577 
7,577 
17–D–401—Saltstone Disposal Unit #7 ................
9,729 
9,729 
05–D–405 Salt waste processing facility, Savan-
nah River Site ......................................................
160,000 
160,000 
Total, Construction ....................................................
177,306 
177,306 
Total, Radioactive liquid tank waste ...........................
822,638 
822,638 
Total, Savannah River site .....................................................
1,297,453 
1,297,453 
Waste Isolation Pilot Plant 
Operations and maintenance ...............................................
257,188 
267,188 
Program increase ...........................................................
[10,000 
] 
Construction: 
15–D–411 Safety significant confinement ventilation 
system, WIPP .............................................................
2,532 
2,532 
15–D–412 Exhaust shaft, WIPP ...................................
2,533 
2,533 
Total, Construction ...........................................................
5,065 
5,065 
Total, Waste Isolation Pilot Plant .........................................
262,253 
272,253 
Program direction .........................................................................
290,050 
290,050 
Program support ...........................................................................
14,979 
14,979 
Safeguards and Security ..............................................................
255,973 
255,973 
Technology development ..............................................................
30,000 
30,000 
Infrastructure recapitalization ....................................................
41,892 
0 
Defense Uranium enrichment D&D ...........................................
155,100 
0 
Ahead of need ........................................................................
[–155,100 
] 
Subtotal, Defense environmental cleanup .................................
5,382,050 
5,273,558 
Total, Defense Environmental Cleanup .....................................
5,382,050 
5,273,558 
Other Defense Activities 
Environment, health, safety and security 
Environment, health, safety and security ...........................
130,693 
128,693 
Program direction .................................................................
66,519 
66,519 
Total, Environment, health, safety and security ..............
197,212 
195,212 
Independent enterprise assessments 
Independent enterprise assessments ...................................
24,580 
24,580 
Program direction .................................................................
51,893 
51,893 
Total, Independent enterprise assessments .......................
76,473 
76,473 
Specialized security activities ......................................................
237,912 
237,912 
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130 STAT. 2894 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
Conference 
Authorized 
Office of Legacy Management 
Legacy management .............................................................
140,306 
140,306 
Program direction .................................................................
14,014 
14,014 
Total, Office of Legacy Management ...................................
154,320 
154,320 
Defense-related activities 
Defense related administrative support 
Chief financial officer ............................................................
23,642 
23,642 
Chief information officer .......................................................
93,074 
93,074 
Project management oversight and assessments ...............
3,000 
3,000 
Total, Defense related administrative support .................
119,716 
116,716 
Office of hearings and appeals ....................................................
5,919 
5,919 
Subtotal, Other defense activities ...............................................
791,552 
789,552 
Total, Other Defense Activities ....................................................
791,552 
789,552 
DIVISION E—UNIFORM CODE OF 
MILITARY JUSTICE REFORM 
SEC. 5001. SHORT TITLE. 
This division may be cited as the ‘‘Military Justice Act of 
2016’’. 
TITLE LI—GENERAL PROVISIONS 
Sec. 5101. Definitions. 
Sec. 5102. Clarification of persons subject to UCMJ while on inactive-duty training. 
Sec. 5103. Staff judge advocate disqualification due to prior involvement in case. 
Sec. 5104. Conforming amendment relating to military magistrates. 
Sec. 5105. Rights of victim. 
SEC. 5101. DEFINITIONS. 
(a) MILITARY JUDGE.—Paragraph (10) of section 801 of title 
10, United States Code (article 1 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘(10) The term ‘military judge’ means a judge advocate 
designated under section 826(c) of this title (article 26(c)) who 
is detailed under section 826(a) or section 830a of this title 
(article 26(a) or 30a).’’. 
(b) JUDGE ADVOCATE.—Paragraph (13) of such section (article) 
is amended— 
(1) in subparagraph (A), by striking ‘‘the Army or the 
Navy’’ and inserting ‘‘the Army, the Navy, or the Air Force’’; 
and 
(2) in subparagraph (B), by striking ‘‘the Air Force or’’. 
SEC. 5102. CLARIFICATION OF PERSONS SUBJECT TO UCMJ WHILE 
ON INACTIVE-DUTY TRAINING. 
Paragraph (3) of section 802(a) of title 10, United States Code 
(article 2(a) of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘(3)(A) While on inactive-duty training and during any 
of the periods specified in subparagraph (B)— 
10 USC 101 note. 
Military Justice 
Act of 2016. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(i) members of a reserve component; and 
‘‘(ii) members of the Army National Guard of the 
United States or the Air National Guard of the United 
States, but only when in Federal service. 
‘‘(B) The periods referred to in subparagraph (A) are the 
following: 
‘‘(i) Travel to and from the inactive-duty training site 
of the member, pursuant to orders or regulations. 
‘‘(ii) Intervals between consecutive periods of inactive- 
duty training on the same day, pursuant to orders or 
regulations. 
‘‘(iii) Intervals between inactive-duty training on 
consecutive days, pursuant to orders or regulations.’’. 
SEC. 5103. STAFF JUDGE ADVOCATE DISQUALIFICATION DUE TO PRIOR 
INVOLVEMENT IN CASE. 
Subsection (c) of section 806 of title 10, United States Code 
(article 6 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘(c)(1) No person who, with respect to a case, serves in a 
capacity specified in paragraph (2) may later serve as a staff judge 
advocate or legal officer to any reviewing or convening authority 
upon the same case. 
‘‘(2) The capacities referred to in paragraph (1) are, with respect 
to the case involved, any of the following: 
‘‘(A) Preliminary hearing officer, court member, military 
judge, military magistrate, or appellate judge. 
‘‘(B) Counsel who have acted in the same case or appeared 
in any proceeding before a military judge, military magistrate, 
preliminary hearing officer, or appellate court.’’. 
SEC. 5104. CONFORMING AMENDMENT RELATING TO MILITARY MAG-
ISTRATES. 
The first sentence of section 806a(a) of title 10, United States 
Code (article 6a(a) of the Uniform Code of Military Justice), is 
amended by striking ‘‘military judge’’ and all that follows through 
the end of the sentence and inserting ‘‘military appellate judge, 
military judge, or military magistrate to perform the duties of 
the position involved.’’. 
SEC. 5105. RIGHTS OF VICTIM. 
(a) DESIGNATION OF REPRESENTATIVE.—Subsection (c) of section 
806b of title 10, United States Code (article 6b of the Uniform 
Code of Military Justice), is amended in the first sentence by 
striking ‘‘the military judge’’ and all that follows through the end 
of the sentence and inserting the following: ‘‘the legal guardians 
of the victim or the representatives of the victim’s estate, family 
members, or any other person designated as suitable by the military 
judge, may assume the rights of the victim under this section.’’. 
(b) RULE OF CONSTRUCTION.—Subsection (d) of such section 
(article) is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) to impair the exercise of discretion under sections 
830 and 834 of this title (articles 30 and 34).’’. 
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130 STAT. 2896 
PUBLIC LAW 114–328—DEC. 23, 2016 
(c) INTERVIEW OF VICTIM.—Such section (article) is amended 
by adding at the end the following new subsection: 
‘‘(f) COUNSEL FOR ACCUSED INTERVIEW OF VICTIM OF ALLEGED 
OFFENSE.—(1) Upon notice by counsel for the Government to counsel 
for the accused of the name of an alleged victim of an offense 
under this chapter who counsel for the Government intends to 
call as a witness at a proceeding under this chapter, counsel for 
the accused shall make any request to interview the victim through 
the Special Victims’ Counsel or other counsel for the victim, if 
applicable. 
‘‘(2) If requested by an alleged victim who is subject to a 
request for interview under paragraph (1), any interview of the 
victim by counsel for the accused shall take place only in the 
presence of the counsel for the Government, a counsel for the 
victim, or, if applicable, a victim advocate.’’. 
TITLE LII—APPREHENSION AND 
RESTRAINT 
Sec. 5121. Restraint of persons charged. 
Sec. 5122. Modification of prohibition of confinement of members of the Armed 
Forces with enemy prisoners and certain others. 
SEC. 5121. RESTRAINT OF PERSONS CHARGED. 
Section 810 of title 10, United States Code (article 10 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 810. Art. 10. Restraint of persons charged 
‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), any person 
subject to this chapter who is charged with an offense under this 
chapter may be ordered into arrest or confinement as the cir-
cumstances require. 
‘‘(2) When a person subject to this chapter is charged only 
with an offense that is normally tried by summary court-martial, 
the person ordinarily shall not be ordered into confinement. 
‘‘(b) NOTIFICATION TO ACCUSED AND RELATED PROCEDURES.— 
(1) When a person subject to this chapter is ordered into arrest 
or confinement before trial, immediate steps shall be taken— 
‘‘(A) to inform the person of the specific offense of which 
the person is accused; and 
‘‘(B) to try the person or to dismiss the charges and release 
the person. 
‘‘(2) To facilitate compliance with paragraph (1), the President 
shall prescribe regulations setting forth procedures relating to 
referral for trial, including procedures for prompt forwarding of 
the charges and specifications and, if applicable, the preliminary 
hearing report submitted under section 832 of this title (article 
32).’’. 
SEC. 5122. MODIFICATION OF PROHIBITION OF CONFINEMENT OF 
MEMBERS OF THE ARMED FORCES WITH ENEMY PRIS-
ONERS AND CERTAIN OTHERS. 
Section 812 of title 10, United States Code (article 12 of the 
Uniform Code of Military Justice), is amended to read as follows: 
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‘‘§ 812. Art. 12. Prohibition of confinement of members of 
the armed forces with enemy prisoners and certain 
others 
‘‘No member of the armed forces may be placed in confinement 
in immediate association with— 
‘‘(1) enemy prisoners; or 
‘‘(2) other individuals— 
‘‘(A) who are detained under the law of war and are 
foreign nationals; and 
‘‘(B) who are not members of the armed forces.’’. 
TITLE LIII—NON-JUDICIAL 
PUNISHMENT 
Sec. 5141. Modification of confinement as non-judicial punishment. 
SEC. 5141. MODIFICATION OF CONFINEMENT AS NON-JUDICIAL 
PUNISHMENT. 
Section 815 of title 10, United States Code (article 15 of the 
Uniform Code of Military Justice), is amended— 
(1) in subsection (b)— 
(A) in paragraph (2)(A), by striking ‘‘on bread and 
water or diminished rations’’; and 
(B) in the undesignated matter after paragraph (2), 
by striking ‘‘on bread and water or diminished rations’’ 
in the sentence beginning ‘‘No two or more’’; and 
(2) in subsection (d), by striking ‘‘on bread and water or 
diminished rations’’ in paragraphs (2) and (3). 
TITLE LIV—COURT-MARTIAL 
JURISDICTION 
Sec. 5161. Courts-martial classified. 
Sec. 5162. Jurisdiction of general courts-martial. 
Sec. 5163. Jurisdiction of special courts-martial. 
Sec. 5164. Summary court-martial as non-criminal forum. 
SEC. 5161. COURTS-MARTIAL CLASSIFIED. 
Section 816 of title 10, United States Code (article 16 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 816. Art 16. Courts-martial classified 
‘‘(a) IN GENERAL.—The three kinds of courts-martial in each 
of the armed forces are the following: 
‘‘(1) General courts-martial, as described in subsection (b). 
‘‘(2) Special courts-martial, as described in subsection (c). 
‘‘(3) Summary courts-martial, as described in subsection 
(d). 
‘‘(b) GENERAL COURTS-MARTIAL.—General courts-martial are of 
the following three types: 
‘‘(1) A general court-martial consisting of a military judge 
and eight members, subject to sections 825(d)(3) and 829 of 
this title (articles 25(d)(3) and 29). 
‘‘(2) In a capital case, a general court-martial consisting 
of a military judge and the number of members determined 
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under section 825a of this title (article 25a), subject to sections 
825(d)(3) and 829 of this title (articles 25(d)(3) and 29). 
‘‘(3) A general court-martial consisting of a military judge 
alone, if, before the court is assembled, the accused, knowing 
the identity of the military judge and after consultation with 
defense counsel, requests, orally on the record or in writing, 
a court composed of a military judge alone and the military 
judge approves the request. 
‘‘(c) SPECIAL COURTS-MARTIAL.—Special courts-martial are of 
the following two types: 
‘‘(1) A special court-martial consisting of a military judge 
and four members, subject to sections 825(d)(3) and 829 of 
this title (articles 25(d)(3) and 29). 
‘‘(2) A special court-martial consisting of a military judge 
alone— 
‘‘(A) if the case is so referred by the convening 
authority, subject to section 819 of this title (article 19) 
and such limitations as the President may prescribe by 
regulation; or 
‘‘(B) if the case is referred under paragraph (1) and, 
before the court is assembled, the accused, knowing the 
identity of the military judge and after consultation with 
defense counsel, requests, orally on the record or in writing, 
a court composed of a military judge alone and the military 
judge approves the request. 
‘‘(d) SUMMARY COURT-MARTIAL.—A summary court-martial con-
sists of one commissioned officer.’’. 
SEC. 5162. JURISDICTION OF GENERAL COURTS-MARTIAL. 
Section 818 of title 10, United States Code (article 18 of the 
Uniform Code of Military Justice), is amended— 
(1) in subsection (b), by striking ‘‘section 816(1)(B) of this 
title (article 16(1)(B))’’ and inserting ‘‘section 816(b)(3) of this 
title (article 16(b)(3))’’; and 
(2) by striking subsection (c) and inserting the following 
new subsection (c): 
‘‘(c) Consistent with sections 819 and 820 of this title (articles 
19 and 20), only general courts-martial have jurisdiction over the 
following offenses: 
‘‘(1) A violation of subsection (a) or (b) of section 920 of 
this title (article 120). 
‘‘(2) A violation of subsection (a) or (b) of section 920b 
of this title (article 120b). 
‘‘(3) An attempt to commit an offense specified in paragraph 
(1) or (2) that is punishable under section 880 of this title 
(article 80).’’. 
SEC. 5163. JURISDICTION OF SPECIAL COURTS-MARTIAL. 
Section 819 of title 10, United States Code (article 19 of the 
Uniform Code of Military Justice), is amended— 
(1) by striking ‘‘Subject to’’ in the first sentence and 
inserting the following: 
‘‘(a) IN GENERAL.—Subject to’’; 
(2) by striking ‘‘A bad-conduct discharge’’ and all that fol-
lows through the end; and 
(3) by adding after subsection (a), as designated by para-
graph (1), the following new subsections: 
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‘‘(b) ADDITIONAL LIMITATION.—Neither a bad-conduct discharge, 
nor confinement for more than six months, nor forfeiture of pay 
for more than six months may be adjudged if charges and specifica-
tions are referred to a special court-martial consisting of a military 
judge alone under section 816(c)(2)(A) of this title (article 
16(c)(2)(A)). 
‘‘(c) MILITARY MAGISTRATE.—If charges and specifications are 
referred to a special court-martial consisting of a military judge 
alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), 
the military judge, with the consent of the parties, may designate 
a military magistrate to preside over the special court-martial.’’. 
SEC. 5164. SUMMARY COURT-MARTIAL AS NON-CRIMINAL FORUM. 
Section 820 of title 10, United States Code (article 20 of the 
Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Subject to’’; 
and 
(2) by adding at the end the following new subsection: 
‘‘(b) NON-CRIMINAL FORUM.—A summary court-martial is a non- 
criminal forum. A finding of guilty at a summary court-martial 
does not constitute a criminal conviction.’’. 
TITLE LV—COMPOSITION OF COURTS- 
MARTIAL 
Sec. 5181. Technical amendment relating to persons authorized to convene general 
courts-martial. 
Sec. 5182. Who may serve on courts-martial and related matters. 
Sec. 5183. Number of court-martial members in capital cases. 
Sec. 5184. Detailing, qualifications, and other matters relating to military judges. 
Sec. 5185. Military magistrates. 
Sec. 5186. Qualifications of trial counsel and defense counsel. 
Sec. 5187. Assembly and impaneling of members and related matters. 
SEC. 5181. TECHNICAL AMENDMENT RELATING TO PERSONS AUTHOR-
IZED TO CONVENE GENERAL COURTS-MARTIAL. 
Section 822(a)(6) of title 10, United States Code (article 22(a)(6) 
of the Uniform Code of Military Justice), is amended by striking 
‘‘in chief’’. 
SEC. 5182. WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MAT-
TERS. 
(a) WHO MAY SERVE ON COURTS-MARTIAL.—Subsection (c) of 
section 825 of title 10, United States Code (article 25 of the Uniform 
Code of Military Justice), is amended to read as follows: 
‘‘(c)(1) Any enlisted member on active duty is eligible to serve 
on a general or special court-martial for the trial of any other 
enlisted member. 
‘‘(2) Before a court-martial with a military judge and members 
is assembled for trial, an enlisted member who is an accused 
may personally request, orally on the record or in writing, that— 
‘‘(A) the membership of the court-martial be comprised 
entirely of officers; or 
‘‘(B) enlisted members comprise at least one-third of the 
membership of the court-martial, regardless of whether enlisted 
members have been detailed to the court-martial. 
‘‘(3) Except as provided in paragraph (4), after such a request, 
the accused may not be tried by a general or special court-martial 
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PUBLIC LAW 114–328—DEC. 23, 2016 
if the membership of the court-martial is inconsistent with the 
request. 
‘‘(4) If, because of physical conditions or military exigencies, 
a sufficient number of eligible officers or enlisted members, as 
the case may be, is not available to carry out paragraph (2), the 
trial may nevertheless be held. In that event, the convening 
authority shall make a detailed written statement of the reasons 
for nonavailability. The statement shall be appended to the record.’’. 
(b) WHO MAY SENTENCE.—Such section (article) is further 
amended— 
(1) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d)(1) Except as provided in paragraph (2) for capital offenses, 
the accused in a court-martial with a military judge and members 
may, after the findings are announced and before any matter is 
presented in the sentencing phase, request, orally on the record 
or in writing, sentencing by members. 
‘‘(2) In a capital case, the accused shall be sentenced by the 
members for all offenses for which the court-martial may sentence 
the accused to death in accordance with section 853(c) of this 
title (article 53(c)). 
‘‘(3) In a capital case, if the accused is convicted of a non- 
capital offense, the accused shall be sentenced for such non-capital 
offense in accordance with section 853(b) of this title (article 53(b)), 
regardless of whether the accused is convicted of an offense for 
which the court-martial may sentence the accused to death.’’. 
(c) DETAIL
OF
MEMBERS.—Subsection (e) of such section 
(article), as redesignated by subsection (b)(1) of this section, is 
amended by adding at the end the following new paragraph: 
‘‘(3) The convening authority shall detail not less than the 
number of members necessary to impanel the court-martial under 
section 829 of this title (article 29).’’. 
SEC. 5183. NUMBER OF COURT-MARTIAL MEMBERS IN CAPITAL CASES. 
Section 825a of title 10, United States Code (article 25a of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 825a. Art. 25a. Number of court-martial members in capital 
cases 
‘‘(a) IN GENERAL.—In a case in which the accused may be 
sentenced to death, the number of members shall be 12. 
‘‘(b) CASE NO LONGER CAPITAL.—Subject to section 829 of this 
title (article 29)— 
‘‘(1) if a case is referred for trial as a capital case and, 
before the members are impaneled, the accused may no longer 
be sentenced to death, the number of members shall be eight; 
and 
‘‘(2) if a case is referred for trial as a capital case and, 
after the members are impaneled, the accused may no longer 
be sentenced to death, the number of members shall remain 
12.’’. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS 
RELATING TO MILITARY JUDGES. 
(a) DETAIL TO SPECIAL COURTS-MARTIAL.—Subsection (a) of sec-
tion 826 of title 10, United States Code (article 26 of the Uniform 
Code of Military Justice), is amended— 
(1) in the first sentence, by inserting after ‘‘each general’’ 
the following: ‘‘and special’’; and 
(2) by striking the second sentence. 
(b) QUALIFICATIONS.—Subsection (b) of such section (article) 
is amended by striking ‘‘qualified for duty’’ and inserting ‘‘qualified, 
by reason of education, training, experience, and judicial tempera-
ment, for duty’’. 
(c) DETAIL AND ASSIGNMENT.—Subsection (c) of such section 
(article) is amended to read as follows: 
‘‘(c)(1) In accordance with regulations prescribed under sub-
section (a), a military judge of a general or special court-martial 
shall be designated for detail by the Judge Advocate General of 
the armed force of which the military judge is a member. 
‘‘(2) Neither the convening authority nor any member of the 
staff of the convening authority shall prepare or review any report 
concerning the effectiveness, fitness, or efficiency of the military 
judge so detailed, which relates to the military judge’s performance 
of duty as a military judge. 
‘‘(3) A commissioned officer who is certified to be qualified 
for duty as a military judge of a general court-martial— 
‘‘(A) may perform such duties only when the officer is 
assigned and directly responsible to the Judge Advocate General 
of the armed force of which the military judge is a member; 
and 
‘‘(B) may perform duties of a judicial or nonjudicial nature 
other than those relating to the officer’s primary duty as a 
military judge of a general court-martial when such duties 
are assigned to the officer by or with the approval of that 
Judge Advocate General. 
‘‘(4) In accordance with regulations prescribed by the President, 
assignments of military judges under this section (article) shall 
be for appropriate minimum periods, subject to such exceptions 
as may be authorized in the regulations.’’. 
(d) DETAIL
TO
A DIFFERENT ARMED FORCE.—Such section 
(article) is further amended by adding at the end the following 
new subsection: 
‘‘(f) A military judge may be detailed under subsection (a) 
to a court-martial or a proceeding under section 830a of this title 
(article 30a) that is convened in a different armed force, when 
so permitted by the Judge Advocate General of the armed force 
of which the military judge is a member.’’. 
(e) CHIEF TRIAL JUDGES.—Such section (article), as amended 
by subsection (d), is further amended by adding at the end the 
following new subsection: 
‘‘(g) In accordance with regulations prescribed by the President, 
each Judge Advocate General shall designate a chief trial judge 
from among the members of the applicable trial judiciary.’’. 
SEC. 5185. MILITARY MAGISTRATES. 
Subchapter V of chapter 47 of title 10, United States Code, 
is amended by inserting after section 826 (article 26 of the Uniform 
Code of Military Justice) the following new section (article): 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 826a. Art. 26a. Military magistrates 
‘‘(a) QUALIFICATIONS.—A military magistrate shall be a commis-
sioned officer of the armed forces who— 
‘‘(1) is a member of the bar of a Federal court or a member 
of the bar of the highest court of a State; and 
‘‘(2) is certified to be qualified, by reason of education, 
training, experience, and judicial temperament, for duty as 
a military magistrate by the Judge Advocate General of the 
armed force of which the officer is a member. 
‘‘(b) DUTIES.—In accordance with regulations prescribed by the 
Secretary concerned, in addition to duties when designated under 
section 819 or 830a of this title (article 19 or 30a), a military 
magistrate may be assigned to perform other duties of a nonjudicial 
nature.’’. 
SEC. 5186. QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE 
COUNSEL. 
Section 827 of title 10, United States Code (article 27 of the 
Uniform Code of Military Justice), is amended— 
(1) in the first sentence of paragraph (2) of subsection 
(a), by striking ‘‘No person’’ and all that follows through ‘‘trial 
counsel,’’ the first place it appears and inserting ‘‘No person 
who, with respect to a case, has served as a preliminary hearing 
officer, court member, military judge, military magistrate, or 
appellate judge, may later serve as trial counsel,’’; 
(2) in the first sentence of subsection (b), by striking ‘‘Trial 
counsel or defense counsel’’ and inserting ‘‘Trial counsel, defense 
counsel, or assistant defense counsel’’; and 
(3) by striking subsection (c) and inserting the following 
new subsections: 
‘‘(c)(1) Defense counsel and assistant defense counsel detailed 
for a special court-martial shall have the qualifications set forth 
in subsection (b). 
‘‘(2) Trial counsel and assistant trial counsel detailed for a 
special court-martial and assistant trial counsel detailed for a gen-
eral court-martial must be determined to be competent to perform 
such duties by the Judge Advocate General, under such rules as 
the President may prescribe. 
‘‘(d) To the greatest extent practicable, in any capital case, 
at least one defense counsel shall, as determined by the Judge 
Advocate General, be learned in the law applicable to such cases. 
If necessary, this counsel may be a civilian and, if so, may be 
compensated in accordance with regulations prescribed by the Sec-
retary of Defense.’’. 
SEC. 5187. ASSEMBLY AND IMPANELING OF MEMBERS AND RELATED 
MATTERS. 
Section 829 of title 10, United States Code (article 29 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 829. Art 29. Assembly and impaneling of members; detail 
of new members and military judges 
‘‘(a) ASSEMBLY.—The military judge shall announce the 
assembly of a general or special court-martial with members. After 
such a court-martial is assembled, no member may be absent, 
unless the member is excused— 
‘‘(1) as a result of a challenge; 
10 USC 826a 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) under subsection (b)(1)(B); or 
‘‘(3) by order of the military judge or the convening 
authority for disability or other good cause. 
‘‘(b) IMPANELING.—(1) Under rules prescribed by the President, 
the military judge of a general or special court-martial with mem-
bers shall— 
‘‘(A) after determination of challenges, impanel the court- 
martial; and 
‘‘(B) excuse the members who, having been assembled, 
are not impaneled. 
‘‘(2) In a general court-martial, the military judge shall 
impanel— 
‘‘(A) 12 members in a capital case; and 
‘‘(B) eight members in a noncapital case. 
‘‘(3) In a special court-martial, the military judge shall impanel 
four members. 
‘‘(c) ALTERNATE MEMBERS.—In addition to members under sub-
section (b), the military judge shall impanel alternate members, 
if the convening authority authorizes alternate members. 
‘‘(d) DETAIL
OF NEW MEMBERS.—(1) If, after members are 
impaneled, the membership of the court-martial is reduced to— 
‘‘(A) fewer than 12 members with respect to a general 
court-martial in a capital case; 
‘‘(B) fewer than six members with respect to a general 
court-martial in a noncapital case; or 
‘‘(C) fewer than four members with respect to a special 
court-martial; 
the trial may not proceed unless the convening authority details 
new members and, from among the members so detailed, the mili-
tary judge impanels new members sufficient in number to provide 
the membership specified in paragraph (2). 
‘‘(2) The membership referred to in paragraph (1) is as follows: 
‘‘(A) 12 members with respect to a general court-martial 
in a capital case. 
‘‘(B) At least six but not more than eight members with 
respect to a general court-martial in a noncapital case. 
‘‘(C) Four members with respect to a special court-martial. 
‘‘(e) DETAIL OF NEW MILITARY JUDGE.—If the military judge 
is unable to proceed with the trial because of disability or otherwise, 
a new military judge shall be detailed to the court-martial. 
‘‘(f) EVIDENCE.—(1) In the case of new members under sub-
section (d), the trial may proceed with the new members present 
after the evidence previously introduced is read or, in the case 
of audiotape, videotape, or similar recording, is played, in the pres-
ence of the new members, the military judge, the accused, and 
counsel for both sides. 
‘‘(2) In the case of a new military judge under subsection 
(e), the trial shall proceed as if no evidence had been introduced, 
unless the evidence previously introduced is read or, in the case 
of audiotape, videotape, or similar recording, is played, in the pres-
ence of the new military judge, the accused, and counsel for both 
sides.’’. 
TITLE LVI—PRE-TRIAL PROCEDURE 
Sec. 5201. Charges and specifications. 
Sec. 5202. Certain proceedings conducted before referral. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 5203. Preliminary hearing required before referral to general court-martial. 
Sec. 5204. Disposition guidance. 
Sec. 5205. Advice to convening authority before referral for trial. 
Sec. 5206. Service of charges and commencement of trial. 
SEC. 5201. CHARGES AND SPECIFICATIONS. 
Section 830 of title 10, United States Code (article 30 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 830. Art 30. Charges and specifications 
‘‘(a) IN GENERAL.—Charges and specifications— 
‘‘(1) may be preferred only by a person subject to this 
chapter; and 
‘‘(2) shall be preferred by presentment in writing, signed 
under oath before a commissioned officer of the armed forces 
who is authorized to administer oaths. 
‘‘(b) REQUIRED CONTENT.—The writing under subsection (a) 
shall state that— 
‘‘(1) the signer has personal knowledge of, or has inves-
tigated, the matters set forth in the charges and specifications; 
and 
‘‘(2) the matters set forth in the charges and specifications 
are true, to the best of the knowledge and belief of the signer. 
‘‘(c) DUTY OF PROPER AUTHORITY.—When charges and specifica-
tions are preferred under subsection (a), the proper authority shall, 
as soon as practicable— 
‘‘(1) inform the person accused of the charges and specifica-
tions; and 
‘‘(2) determine what disposition should be made of the 
charges and specifications in the interest of justice and dis-
cipline.’’. 
SEC. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL. 
Subchapter VI of chapter 47 of title 10, United States Code, 
is amended by inserting after section 830 (article 30 of the Uniform 
Code of Military Justice) the following new section (article): 
‘‘§ 830a. Art. 30a. Certain proceedings conducted before 
referral 
‘‘(a) IN GENERAL.—(1) Proceedings may be conducted to review 
the following matters before referral of charges and specifications 
to court-martial for trial in accordance with regulations prescribed 
by the President: 
‘‘(A) Pre-referral investigative subpoenas. 
‘‘(B) Pre-referral warrants or orders for electronic commu-
nications. 
‘‘(C) Pre-referral matters referred by an appellate court. 
‘‘(2) The regulations prescribed under paragraph (1) shall— 
‘‘(A) include procedures for the review of such rulings that 
may be ordered under this section as the President considers 
appropriate; and 
‘‘(B) provide such limitations on the relief that may be 
ordered under this section as the President considers appro-
priate. 
‘‘(3) If any matter in a proceeding under this section becomes 
a subject at issue with respect to charges that have been referred 
to a general or special court-martial, the matter shall be transferred 
to the military judge detailed to the court-martial. 
10 USC 830a. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(b) DETAIL
OF MILITARY JUDGE.—The Secretary concerned 
shall prescribe regulations providing for the manner in which mili-
tary judges are detailed to proceedings under subsection (a)(1). 
‘‘(c) DISCRETION TO DESIGNATE MAGISTRATE TO PRESIDE.—In 
accordance with regulations prescribed by the Secretary concerned, 
a military judge detailed to a proceeding under subsection (a)(1), 
other than a proceeding described in subparagraph (B) of that 
subsection, may designate a military magistrate to preside over 
the proceeding.’’. 
SEC. 5203. PRELIMINARY HEARING REQUIRED BEFORE REFERRAL TO 
GENERAL COURT-MARTIAL. 
(a) IN GENERAL.—Section 832 of title 10, United States Code 
(article 32 of the Uniform Code of Military Justice), is amended 
by striking the section heading and subsections (a), (b), and (c) 
and inserting the following: 
‘‘§ 832. Art. 32. Preliminary hearing required before referral 
to general court-martial 
‘‘(a) IN GENERAL.—(1)(A) Except as provided in subparagraph 
(B), a preliminary hearing shall be held before referral of charges 
and specifications for trial by general court-martial. The preliminary 
hearing shall be conducted by an impartial hearing officer, detailed 
by the convening authority in accordance with subsection (b). 
‘‘(B) Under regulations prescribed by the President, a prelimi-
nary hearing need not be held if the accused submits a written 
waiver to the convening authority and the convening authority 
determines that a hearing is not required. 
‘‘(2) The purpose of the preliminary hearing shall be limited 
to determining the following: 
‘‘(A) Whether or not the specification alleges an offense 
under this chapter. 
‘‘(B) Whether or not there is probable cause to believe 
that the accused committed the offense charged. 
‘‘(C) Whether or not the convening authority has court- 
martial jurisdiction over the accused and over the offense. 
‘‘(D) A recommendation as to the disposition that should 
be made of the case. 
‘‘(b) HEARING OFFICER.—(1) A preliminary hearing under this 
section shall be conducted by an impartial hearing officer, who— 
‘‘(A) whenever practicable, shall be a judge advocate who 
is certified under section 827(b)(2) of this title (article 27(b)(2)); 
or 
‘‘(B) when it is not practicable to appoint a judge advocate 
because of exceptional circumstances, is not a judge advocate 
so certified. 
‘‘(2) In the case of a hearing officer under paragraph (1)(B), 
a judge advocate who is certified under section 827(b)(2) of this 
title (article 27(b)(2)) shall be available to provide legal advice 
to the hearing officer. 
‘‘(3) Whenever practicable, the hearing officer shall be equal 
in grade or senior in grade to military counsel who are detailed 
to represent the accused or the Government at the preliminary 
hearing. 
‘‘(c) REPORT TO CONVENING AUTHORITY.—After a preliminary 
hearing under this section, the hearing officer shall submit to 
the convening authority a written report (accompanied by a 
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recording of the preliminary hearing under subsection (e)) that 
includes the following: 
‘‘(1) For each specification, a statement of the reasoning 
and conclusions of the hearing officer with respect to determina-
tions under subsection (a)(2), including a summary of relevant 
witness testimony and documentary evidence presented at the 
hearing and any observations of the hearing officer concerning 
the testimony of witnesses and the availability and admissi-
bility of evidence at trial. 
‘‘(2) Recommendations for any necessary modifications to 
the form of the charges or specifications. 
‘‘(3) An analysis of any additional information submitted 
after the hearing by the parties or by a victim of an offense, 
that, under such rules as the President may prescribe, is rel-
evant to disposition under sections 830 and 834 of this title 
(articles 30 and 34). 
‘‘(4) A statement of action taken on evidence adduced with 
respect to uncharged offenses, as described in subsection (f).’’. 
(b) SUNDRY AMENDMENTS.—Subsection (d) of such section 
(article) is amended— 
(1) in paragraph (1), by striking ‘‘subsection (a)’’ in the 
first sentence and inserting ‘‘this section’’; 
(2) in paragraph (2), by striking ‘‘in defense’’ and all that 
follows through the end and inserting ‘‘that is relevant to 
the issues for determination under subsection (a)(2).’’; 
(3) in paragraph (3), by adding at the end the following 
new sentence: ‘‘A declination under this paragraph shall not 
serve as the sole basis for ordering a deposition under section 
849 of this title (article 49).’’; and 
(4) in paragraph (4), by striking ‘‘the limited purposes 
of the hearing, as provided in subsection (a)(2)’’ and inserting 
‘‘determinations under subsection (a)(2)’’. 
(c) REFERENCE TO MCM.—Subsection (e) of such section (article) 
is amended by striking ‘‘as prescribed by the Manual for Courts- 
Martial’’ in the second sentence and inserting ‘‘under such rules 
as the President may prescribe’’. 
(d) EFFECT
OF VIOLATION.—Subsection (g) of such section 
(article) is amended by adding at the end the following new sen-
tence: ‘‘A defect in a report under subsection (c) is not a basis 
for relief if the report is in substantial compliance with that sub-
section.’’. 
(e) CONFORMING AMENDMENTS.—The following provisions are 
each amended by striking ‘‘investigating officer’’ and inserting 
‘‘preliminary hearing officer’’: 
(1) Section 806b(a)(3) of title 10, United States Code (article 
6b(a)(3) of the Uniform Code of Military Justice). 
(2) Section 825(d)(2) of such title (article 25(d)(2) of the 
Uniform Code of Military Justice). 
(3) Section 826(d) of such title (article 26(d) of the Uniform 
Code of Military Justice). 
SEC. 5204. DISPOSITION GUIDANCE. 
Section 833 of title 10, United States Code (article 33 of the 
Uniform Code of Military Justice), is amended to read as follows: 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 833. Art 33. Disposition guidance 
‘‘The President shall direct the Secretary of Defense to issue, 
in consultation with the Secretary of the department in which 
the Coast Guard is operating when it is not operating as a service 
in the Navy, non-binding guidance regarding factors that com-
manders, convening authorities, staff judge advocates, and judge 
advocates should take into account when exercising their duties 
with respect to disposition of charges and specifications in the 
interest of justice and discipline under sections 830 and 834 of 
this title (articles 30 and 34). Such guidance shall take into account, 
with appropriate consideration of military requirements, the prin-
ciples contained in official guidance of the Attorney General to 
attorneys for the Government with respect to disposition of Federal 
criminal cases in accordance with the principle of fair and even-
handed administration of Federal criminal law.’’. 
SEC. 5205. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL 
FOR TRIAL. 
Section 834 of title 10, United States Code (article 34 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 834. Art. 34. Advice to convening authority before referral 
for trial 
‘‘(a) GENERAL COURT-MARTIAL.— 
‘‘(1) STAFF
JUDGE
ADVOCATE
ADVICE
REQUIRED
BEFORE 
REFERRAL.—Before referral of charges and specifications to a 
general court-martial for trial, the convening authority shall 
submit the matter to the staff judge advocate for advice, which 
the staff judge advocate shall provide to the convening authority 
in writing. The convening authority may not refer a specifica-
tion under a charge to a general court-martial unless the staff 
judge advocate advises the convening authority in writing 
that— 
‘‘(A) the specification alleges an offense under this 
chapter; 
‘‘(B) there is probable cause to believe that the accused 
committed the offense charged; and 
‘‘(C) a court-martial would have jurisdiction over the 
accused and the offense. 
‘‘(2) STAFF JUDGE ADVOCATE RECOMMENDATION AS TO DIS-
POSITION.—Together with the written advice provided under 
paragraph (1), the staff judge advocate shall provide a written 
recommendation to the convening authority as to the disposition 
that should be made of the specification in the interest of 
justice and discipline. 
‘‘(3) STAFF JUDGE ADVOCATE ADVICE AND RECOMMENDATION 
TO ACCOMPANY REFERRAL.—When a convening authority makes 
a referral for trial by general court-martial, the written advice 
of the staff judge advocate under paragraph (1) and the written 
recommendation of the staff judge advocate under paragraph 
(2) with respect to each specification shall accompany the 
referral. 
‘‘(b) SPECIAL COURT-MARTIAL; CONVENING AUTHORITY CON-
SULTATION WITH JUDGE ADVOCATE.—Before referral of charges and 
specifications to a special court-martial for trial, the convening 
authority shall consult a judge advocate on relevant legal issues. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(c) GENERAL AND SPECIAL COURTS-MARTIAL; CORRECTION OF 
CHARGES AND SPECIFICATIONS BEFORE REFERRAL.—Before referral 
for trial by general court-martial or special court-martial, changes 
may be made to charges and specifications— 
‘‘(1) to correct errors in form; and 
‘‘(2) when applicable, to conform to the substance of the 
evidence contained in a report under section 832(c) of this 
title (article 32(c)). 
‘‘(d) REFERRAL DEFINED.—In this section, the term ‘referral’ 
means the order of a convening authority that charges and specifica-
tions against an accused be tried by a specified court-martial.’’. 
SEC. 5206. SERVICE OF CHARGES AND COMMENCEMENT OF TRIAL. 
Section 835 of title 10, United States Code (article 35 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 835. Art. 35. Service of charges; commencement of trial 
‘‘(a) IN GENERAL.—Trial counsel detailed for a court-martial 
under section 827 of this title (article 27) shall cause to be served 
upon the accused a copy of the charges and specifications referred 
for trial. 
‘‘(b) COMMENCEMENT OF TRIAL.—(1) Subject to paragraphs (2) 
and (3), no trial or other proceeding of a general court-martial 
or a special court-martial (including any session under section 
839(a) of this title (article 39(a)) may be held over the objection 
of the accused— 
‘‘(A) with respect to a general court-martial, from the time 
of service through the fifth day after the date of service; or 
‘‘(B) with respect to a special court-martial, from the time 
of service through the third day after the date of service. 
‘‘(2) An objection under paragraph (1) may be raised only at 
the first session of the trial or other proceeding and only if the 
first session occurs before the end of the applicable period under 
paragraph (1)(A) or (1)(B). If the first session occurs before the 
end of the applicable period, the military judge shall, at that session, 
inquire as to whether the defense objects under this subsection. 
‘‘(3) This subsection shall not apply in time of war.’’. 
TITLE LVII—TRIAL PROCEDURE 
Sec. 5221. Duties of assistant defense counsel. 
Sec. 5222. Sessions. 
Sec. 5223. Technical amendment relating to continuances. 
Sec. 5224. Conforming amendments relating to challenges. 
Sec. 5225. Statute of limitations. 
Sec. 5226. Former jeopardy. 
Sec. 5227. Pleas of the accused. 
Sec. 5228. Subpoena and other process. 
Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evi-
dence. 
Sec. 5230. Contempt. 
Sec. 5231. Depositions. 
Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records 
of courts of inquiry. 
Sec. 5233. Conforming amendment relating to defense of lack of mental responsi-
bility. 
Sec. 5234. Voting and rulings. 
Sec. 5235. Votes required for conviction, sentencing, and other matters. 
Sec. 5236. Findings and sentencing. 
Sec. 5237. Plea agreements. 
Sec. 5238. Record of trial. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 5221. DUTIES OF ASSISTANT DEFENSE COUNSEL. 
Section 838(e) of title 10, United States Code (article 38(e) 
of the Uniform Code of Military Justice), is amended by striking 
‘‘, under the direction’’ and all that follows through ‘‘(article 27),’’. 
SEC. 5222. SESSIONS. 
Section 839 of title 10, United States Code (article 39 of the 
Uniform Code of Military Justice), is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) by striking ‘‘if permitted by regulations of the 
Secretary concerned,’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) by redesignating paragraph (4) as paragraph (5); 
and 
(C) by inserting after paragraph (3) the following new 
paragraph (4): 
‘‘(4) conducting a sentencing proceeding and sentencing 
the accused in non-capital cases unless the accused requests 
sentencing by members under section 825 of this title (article 
25); and’’; and 
(2) in the second sentence of subsection (c), by striking 
‘‘, in cases in which a military judge has been detailed to 
the court,’’. 
SEC. 5223. TECHNICAL AMENDMENT RELATING TO CONTINUANCES. 
Section 840 of title 10, United States Code (article 40 of the 
Uniform Code of Military Justice), is amended by striking ‘‘court- 
martial without a military judge’’ and inserting ‘‘summary court- 
martial’’. 
SEC. 5224. CONFORMING AMENDMENTS RELATING TO CHALLENGES. 
Section 841 of title 10, United States Code (article 41 of the 
Uniform Code of Military Justice), is amended— 
(1) in subsection (a)(1), by striking ‘‘, or, if none, the court,’’ 
in the second sentence; 
(2) in subsection (a)(2), by striking ‘‘minimum’’ in the first 
sentence; and 
(3) in subsection (b)(2), by striking ‘‘minimum’’. 
SEC. 5225. STATUTE OF LIMITATIONS. 
(a) INCREASE IN PERIOD FOR CHILD ABUSE OFFENSES.—Sub-
section (b)(2)(A) of section 843 of title 10, United States Code 
(article 43 of the Uniform Code of Military Justice), is amended 
by striking ‘‘five years’’ and inserting ‘‘ten years’’. 
(b) INCREASE
IN PERIOD
FOR FRAUDULENT ENLISTMENT
OR 
APPOINTMENT OFFENSES.—Such section (article) is further amended 
by adding at the end the following new subsection: 
‘‘(h) FRAUDULENT ENLISTMENT
OR APPOINTMENT.—A person 
charged with fraudulent enlistment or fraudulent appointment 
under section 904a(1) of this title (article 104a(1)) may be tried 
by court-martial if the sworn charges and specifications are received 
by an officer exercising summary court-martial jurisdiction with 
respect to that person, as follows: 
‘‘(1) In the case of an enlisted member, during the period 
of the enlistment or five years, whichever provides a longer 
period. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) In the case of an officer, during the period of the 
appointment or five years, whichever provides a longer period.’’. 
(c) DNA EVIDENCE.—Such section (article), as amended by sub-
section (b) of this section, is further amended by adding at the 
end the following new subsection: 
‘‘(i) DNA EVIDENCE.—If DNA testing implicates an identified 
person in the commission of an offense punishable by confinement 
for more than one year, no statute of limitations that would other-
wise preclude prosecution of the offense shall preclude such prosecu-
tion until a period of time following the implication of the person 
by DNA testing has elapsed that is equal to the otherwise applicable 
limitation period.’’. 
(d) CONFORMING AMENDMENTS.—Subsection (b)(2)(B) of such 
section (article) is amended by striking clauses (i) through (v) and 
inserting the following new clauses: 
‘‘(i) Any offense in violation of section 920, 920a, 920b, 
920c, or 930 of this title (article 120, 120a, 120b, 120c, or 
130), unless the offense is covered by subsection (a). 
‘‘(ii) Maiming in violation of section 928a of this title (article 
128a). 
‘‘(iii) Aggravated assault, assault consummated by a bat-
tery, or assault with intent to commit specified offenses in 
violation of section 928 of this title (article 128). 
‘‘(iv) Kidnapping in violation of section 925 of this title 
(article 125).’’. 
(e) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSIST-
ENCY.—Such section (article) is further amended— 
(1) in subsection (a), by inserting ‘‘NO LIMITATION
FOR 
CERTAIN OFFENSES.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘FIVE-YEAR LIMITATION 
FOR TRIAL BY COURT-MARTIAL.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘TOLLING FOR ABSENCE 
WITHOUT LEAVE OR FLIGHT FROM JUSTICE.—’’ after ‘‘(c)’’; 
(4) in subsection (d), by inserting ‘‘TOLLING FOR ABSENCE 
FROM US OR MILITARY JURISDICTION.—’’ after ‘‘(d)’’; 
(5) in subsection (e), by inserting ‘‘EXTENSION
FOR 
OFFENSES IN TIME OF WAR DETRIMENTAL TO PROSECUTION OF 
WAR.—’’ after ‘‘(e)’’; 
(6) in subsection (f), by inserting ‘‘EXTENSION FOR OTHER 
OFFENSES IN TIME OF WAR.—’’ after ‘‘(f)’’; and 
(7) in subsection (g), by inserting ‘‘DEFECTIVE OR INSUFFI-
CIENT CHARGES.—’’ after ‘‘(g)’’. 
(f) APPLICATION.—The amendments made by subsections (a), 
(b), (c), and (d) shall apply to the prosecution of any offense com-
mitted before, on, or after the date of the enactment of this sub-
section if the applicable limitation period has not yet expired. 
SEC. 5226. FORMER JEOPARDY. 
Subsection (c) of section 844 of title 10, United States Code 
(article 44 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘(c)(1) A court-martial with a military judge alone is a trial 
in the sense of this section (article) if, without fault of the accused— 
‘‘(A) after introduction of evidence; and 
‘‘(B) before announcement of findings under section 853 
of this title (article 53); 
10 USC 843 note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
the case is dismissed or terminated by the convening authority 
or on motion of the prosecution for failure of available evidence 
or witnesses. 
‘‘(2) A court-martial with a military judge and members is 
a trial in the sense of this section (article) if, without fault of 
the accused— 
‘‘(A) after the members, having taken an oath as members 
under section 842 of this title (article 42) and after completion 
of challenges under section 841 of this title (article 41), are 
impaneled; and 
‘‘(B) before announcement of findings under section 853 
of this title (article 53); 
the case is dismissed or terminated by the convening authority 
or on motion of the prosecution for failure of available evidence 
or witnesses.’’. 
SEC. 5227. PLEAS OF THE ACCUSED. 
(a) PLEAS OF GUILTY.—Subsection (b) of section 845 of title 
10, United States Code (article 45 of the Uniform Code of Military 
Justice), is amended— 
(1) in the first sentence, by striking ‘‘may be adjudged’’ 
and inserting ‘‘is mandatory’’; and 
(2) in the second sentence— 
(A) by striking ‘‘or by a court-martial without a military 
judge’’; and 
(B) by striking ‘‘, if permitted by regulations of the 
Secretary concerned,’’. 
(b) HARMLESS
ERROR.—Such section (article) is further 
amended by adding at the end the following new subsection: 
‘‘(c) HARMLESS ERROR.—A variance from the requirements of 
this article is harmless error if the variance does not materially 
prejudice the substantial rights of the accused.’’. 
(c) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSIST-
ENCY.—Such section (article) is further amended— 
(1) in subsection (a), by inserting ‘‘IRREGULAR AND SIMILAR 
PLEAS.—’’ after ‘‘(a)’’; and 
(2) in subsection (b), by inserting ‘‘PLEAS OF GUILTY.— 
’’ after ‘‘(b)’’. 
SEC. 5228. SUBPOENA AND OTHER PROCESS. 
(a) AMENDMENTS TO UCMJ ARTICLE.— 
(1) IN GENERAL.—Subsection (a) of section 846 of title 10, 
United States Code (article 46 of the Uniform Code of Military 
Justice), is amended by striking ‘‘The counsel for the Govern-
ment, the counsel for the accused,’’ and inserting ‘‘In a case 
referred for trial by court-martial, the trial counsel, the defense 
counsel,’’. 
(2) SUBPOENA AND OTHER PROCESS GENERALLY.—Subsection 
(b) of such section (article) is amended to read as follows: 
‘‘(b) SUBPOENA
AND OTHER PROCESS GENERALLY.—Any sub-
poena or other process issued under this section (article)— 
‘‘(1) shall be similar to that which courts of the United 
States having criminal jurisdiction may issue; 
‘‘(2) shall be executed in accordance with regulations pre-
scribed by the President; and 
‘‘(3) shall run to any part of the United States and to 
the Commonwealths and possessions of the United States.’’. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(3) SUBPOENA AND OTHER PROCESS FOR WITNESSES.—Sub-
section (c) of such section (article) is amended to read as follows: 
‘‘(c) SUBPOENA AND OTHER PROCESS FOR WITNESSES.—A sub-
poena or other process may be issued to compel a witness to 
appear and testify— 
‘‘(1) before a court-martial, military commission, or court 
of inquiry; 
‘‘(2) at a deposition under section 849 of this title (article 
49); or 
‘‘(3) as otherwise authorized under this chapter.’’. 
(4) OTHER
MATTERS.—Such section (article) is further 
amended by adding at the end the following new subsections: 
‘‘(d) SUBPOENA AND OTHER PROCESS FOR EVIDENCE.— 
‘‘(1) IN GENERAL.—A subpoena or other process may be 
issued to compel the production of evidence— 
‘‘(A) for a court-martial, military commission, or court 
of inquiry; 
‘‘(B) for a deposition under section 849 of this title 
(article 49); 
‘‘(C) for an investigation of an offense under this 
chapter; or 
‘‘(D) as otherwise authorized under this chapter. 
‘‘(2) INVESTIGATIVE SUBPOENA.—An investigative subpoena 
under paragraph (1)(C) may be issued before referral of charges 
to a court-martial only if a general court-martial convening 
authority has authorized counsel for the Government to issue 
such a subpoena or a military judge issues such a subpoena 
pursuant to section 830a of this title (article 30a). 
‘‘(3) WARRANT OR ORDER FOR WIRE OR ELECTRONIC COMMU-
NICATIONS.—With respect to an investigation of an offense 
under this chapter, a military judge detailed in accordance 
with section 826 or 830a of this title (article 26 or 30a) may 
issue warrants or court orders for the contents of, and records 
concerning, wire or electronic communications in the same 
manner as such warrants and orders may be issued by a 
district court of the United States under chapter 121 of title 
18, subject to such limitations as the President may prescribe 
by regulation. 
‘‘(e) REQUEST
FOR
RELIEF
FROM
SUBPOENA
OR
OTHER 
PROCESS.—If a person requests relief from a subpoena or other 
process under this section (article) on grounds that compliance 
is unreasonable or oppressive or is prohibited by law, a military 
judge detailed in accordance with section 826 or 830a of this title 
(article 26 or 30a) shall review the request and shall— 
‘‘(1) order that the subpoena or other process be modified 
or withdrawn, as appropriate; or 
‘‘(2) order the person to comply with the subpoena or other 
process.’’. 
(5) SECTION HEADING.—The heading of such section (article) 
is amended to read as follows: 
‘‘§ 846. Art. 46. Opportunity to obtain witnesses and other 
evidence in trials by court-martial’’. 
(b) CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES 
CODE.— 
(1) Section 2703 of title 18, United States Code, is 
amended— 
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(A) in the first sentence of subsection (a); 
(B) in subsection (b)(1)(A); and 
(C) in subsection (c)(1)(A); 
by inserting after ‘‘warrant procedures’’ the following: ‘‘and, 
in the case of a court-martial or other proceeding under chapter 
47 of title 10 (the Uniform Code of Military Justice), issued 
under section 846 of that title, in accordance with regulations 
prescribed by the President’’. 
(2) Section 2711(3) of title 18, United States Code, is 
amended— 
(A) in subparagraph (A), by striking ‘‘or’’ at the end; 
(B) in subparagraph (B), by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(C) a court-martial or other proceeding under chapter 
47 of title 10 (the Uniform Code of Military Justice) to 
which a military judge has been detailed; and’’. 
SEC. 5229. REFUSAL OF PERSON NOT SUBJECT TO UCMJ TO APPEAR, 
TESTIFY, OR PRODUCE EVIDENCE. 
(a) IN GENERAL.—Subsection (a) of section 847 of title 10, 
United States Code (article 47 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘(a) IN GENERAL.—(1) Any person described in paragraph (2) 
who— 
‘‘(A) willfully neglects or refuses to appear; or 
‘‘(B) willfully refuses to qualify as a witness or to testify 
or to produce any evidence which that person is required to 
produce; 
is guilty of an offense against the United States. 
‘‘(2) The persons referred to in paragraph (1) are the following: 
‘‘(A) Any person not subject to this chapter who— 
‘‘(i) is issued a subpoena or other process described 
in subsection (c) of section 846 of this title (article 46); 
and 
‘‘(ii) is provided a means for reimbursement from the 
Government for fees and mileage at the rates allowed to 
witnesses attending the courts of the United States or, 
in the case of extraordinary hardship, is advanced such 
fees and mileage. 
‘‘(B) Any person not subject to this chapter who is issued 
a subpoena or other process described in subsection (d) of 
section 846 of this title (article 46).’’. 
(b) SECTION HEADING.—The heading of such section (article) 
is amended to read as follows: 
‘‘§ 847. Art. 47. Refusal of person not subject to chapter to 
appear, testify, or produce evidence’’. 
SEC. 5230. CONTEMPT. 
(a) AUTHORITY TO PUNISH.—Subsection (a) of section 848 of 
title 10, United States Code (article 48 of the Uniform Code of 
Military Justice), is amended to read as follows: 
‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to any proceeding 
under this chapter, a judicial officer specified in paragraph (2) 
may punish for contempt any person who— 
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130 STAT. 2914 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) uses any menacing word, sign, or gesture in the pres-
ence of the judicial officer during the proceeding; 
‘‘(B) disturbs the proceeding by any riot or disorder; or 
‘‘(C) willfully disobeys a lawful writ, process, order, rule, 
decree, or command issued with respect to the proceeding. 
‘‘(2) A judicial officer referred to in paragraph (1) is any of 
the following: 
‘‘(A) Any judge of the Court of Appeals for the Armed 
Forces and any judge of a Court of Criminal Appeals under 
section 866 of this title (article 66). 
‘‘(B) Any military judge detailed to a court-martial, a pro-
vost court, a military commission, or any other proceeding 
under this chapter. 
‘‘(C) Any military magistrate designated to preside under 
section 819 of this title (article 19). 
‘‘(D) The president of a court of inquiry.’’. 
(b) REVIEW.—Such section (article) is further amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) REVIEW.—A punishment under this section— 
‘‘(1) if imposed by a military judge or military magistrate, 
may be reviewed by the Court of Criminal Appeals in accord-
ance with the uniform rules of procedure for the Courts of 
Criminal Appeals under section 866(g) of this title (article 
66(g)); 
‘‘(2) if imposed by a judge of the Court of Appeals for 
the Armed Forces or a judge of a Court of Criminal Appeals, 
shall constitute a judgment of the court, subject to review 
under the applicable provisions of section 867 or 867a of this 
title (article 67 or 67a); and 
‘‘(3) if imposed by a court of inquiry, shall be subject 
to review by the convening authority in accordance with rules 
prescribed by the President.’’. 
(c) SECTION HEADING.—The heading of such section (article) 
is amended to read as follows: 
‘‘§ 848. Art. 48. Contempt’’. 
SEC. 5231. DEPOSITIONS. 
Section 849 of title 10, United States Code (article 49 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 849. Art. 49. Depositions 
‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), a convening 
authority or a military judge may order depositions at the request 
of any party. 
‘‘(2) A deposition may be ordered under paragraph (1) only 
if the requesting party demonstrates that, due to exceptional cir-
cumstances, it is in the interest of justice that the testimony of 
a prospective witness be preserved for use at a court-martial, mili-
tary commission, court of inquiry, or other military court or board. 
‘‘(3) A party who requests a deposition under this section shall 
give to every other party reasonable written notice of the time 
and place for the deposition. 
‘‘(4) A deposition under this section shall be taken before, 
and authenticated by, an impartial officer, as follows: 
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‘‘(A) Whenever practicable, by an impartial judge advocate 
certified under section 827(b) of this title (article 27(b)). 
‘‘(B) In exceptional circumstances, by an impartial military 
or civil officer authorized to administer oaths by (i) the laws 
of the United States or (ii) the laws of the place where the 
deposition is taken. 
‘‘(b) REPRESENTATION BY COUNSEL.—Representation of the par-
ties with respect to a deposition shall be by counsel detailed in 
the same manner as trial counsel and defense counsel are detailed 
under section 827 of this title (article 27). In addition, the accused 
shall have the right to be represented by civilian or military counsel 
in the same manner as such counsel are provided for in section 
838(b) of this title (article 38(b)). 
‘‘(c) ADMISSIBILITY AND USE AS EVIDENCE.—A deposition order 
under subsection (a) does not control the admissibility of the deposi-
tion in a court-martial or other proceeding under this chapter. 
Except as provided by subsection (d), a party may use all or part 
of a deposition as provided by the rules of evidence. 
‘‘(d) CAPITAL CASES.—Testimony by deposition may be pre-
sented in capital cases only by the defense.’’. 
SEC. 5232. ADMISSIBILITY OF SWORN TESTIMONY BY AUDIOTAPE OR 
VIDEOTAPE FROM RECORDS OF COURTS OF INQUIRY. 
(a) IN GENERAL.—Section 850 of title 10, United States Code 
(article 50 of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(d) AUDIOTAPE OR VIDEOTAPE.—Sworn testimony that— 
‘‘(1) is recorded by audiotape, videotape, or similar method; 
and 
‘‘(2) is contained in the duly authenticated record of pro-
ceedings of a court of inquiry; 
is admissible before a court-martial, military commission, court 
of inquiry, or military board, to the same extent as sworn testimony 
may be read in evidence before any such body under subsection 
(a), (b), or (c).’’. 
(b) SECTION HEADING.—The heading of such section (article) 
is amended to read as follows: 
‘‘§ 850. Art. 50. Admissibility of sworn testimony from records 
of courts of inquiry’’. 
(c) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSIST-
ENCY.—Such section (article) is further amended— 
(1) in subsection (a), by inserting ‘‘USE AS EVIDENCE BY 
ANY PARTY.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘USE AS EVIDENCE BY 
DEFENSE.—’’ after ‘‘(b)’’; and 
(3) in subsection (c), by inserting ‘‘USE
IN COURTS
OF 
INQUIRY AND MILITARY BOARDS.—’’ after ‘‘(c)’’. 
SEC. 5233. CONFORMING AMENDMENT RELATING TO DEFENSE OF 
LACK OF MENTAL RESPONSIBILITY. 
Section 850a(c) of title 10, United States Code (article 50a(c) 
of the Uniform Code of Military Justice), is amended by striking 
‘‘, or the president of a court-martial without a military judge,’’. 
SEC. 5234. VOTING AND RULINGS. 
Section 851 of title 10, United States Code (article 51 of the 
Uniform Code of Military Justice), is amended— 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(1) in subsection (a), by striking ‘‘, and by members of 
a court-martial without a military judge upon questions of 
challenge,’’ in the first sentence; 
(2) in subsection (b)— 
(A) in the first sentence, by striking ‘‘and, except for 
questions of challenge, the president of a court-martial 
without a military judge’’; and 
(B) in the second sentence, by striking ‘‘, or by the 
president’’ and all that follows through the end of the 
subsection and inserting ‘‘is final and constitutes the ruling 
of the court, except that the military judge may change 
a ruling at any time during trial.’’; and 
(3) in subsection (c), by striking ‘‘or the president of a 
court-martial without a military judge’’ in the matter before 
paragraph (1). 
SEC. 5235. VOTES REQUIRED FOR CONVICTION, SENTENCING, AND 
OTHER MATTERS. 
Section 852 of title 10, United States Code (article 52 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 852. Art. 52. Votes required for conviction, sentencing, 
and other matters 
‘‘(a) IN GENERAL.—No person may be convicted of an offense 
in a general or special court-martial, other than— 
‘‘(1) after a plea of guilty under section 845(b) of this 
title (article 45(b)); 
‘‘(2) by a military judge in a court-martial with a military 
judge alone, under section 816 of this title (article 16); or 
‘‘(3) in a court-martial with members under section 816 
of this title (article 16), by the concurrence of at least three- 
fourths of the members present when the vote is taken. 
‘‘(b) LEVEL OF CONCURRENCE REQUIRED.— 
‘‘(1) IN
GENERAL.—Except as provided in subsection (a) 
and in paragraph (2), all matters to be decided by members 
of a general or special court-martial shall be determined by 
a majority vote, but a reconsideration of a finding of guilty 
or reconsideration of a sentence, with a view toward decreasing 
the sentence, may be made by any lesser vote which indicates 
that the reconsideration is not opposed by the number of votes 
required for that finding or sentence. 
‘‘(2) SENTENCING.—A sentence of death requires (A) a 
unanimous finding of guilty of an offense in this chapter 
expressly made punishable by death and (B) a unanimous 
determination by the members that the sentence for that 
offense shall include death. All other sentences imposed by 
members shall be determined by the concurrence of at least 
three-fourths of the members present when the vote is taken.’’. 
SEC. 5236. FINDINGS AND SENTENCING. 
Section 853 of title 10, United States Code (article 53 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 853. Art. 53. Findings and sentencing 
‘‘(a) ANNOUNCEMENT.—A court-martial shall announce its 
findings and sentence to the parties as soon as determined. 
‘‘(b) SENTENCING GENERALLY.— 
‘‘(1) GENERAL AND SPECIAL COURTS-MARTIAL.— 
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130 STAT. 2917 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) SENTENCING BY MILITARY JUDGE.—Except as pro-
vided in subparagraph (B), and in subsection (c) for capital 
offenses, if the accused is convicted of an offense in a 
trial by general or special court-martial, the military judge 
shall sentence the accused. 
‘‘(B) SENTENCING BY MEMBERS.—If the accused is con-
victed of an offense in a trial by general or special court- 
martial consisting of a military judge and members and 
the accused elects sentencing by members under section 
825 of this title (article 25), the members shall sentence 
the accused. 
‘‘(C) SENTENCE OF THE ACCUSED.—The sentence deter-
mined pursuant to this paragraph constitutes the sentence 
of the accused. 
‘‘(2) SUMMARY COURTS-MARTIAL.—If the accused is convicted 
of an offense in a trial by summary court-martial, the court- 
martial shall sentence the accused. 
‘‘(c) SENTENCING FOR CAPITAL OFFENSES.— 
‘‘(1) IN GENERAL.—In a capital case, if the accused is con-
victed of an offense for which the court-martial may sentence 
the accused to death, the members shall determine whether 
the sentence for that offense shall be death or a lesser author-
ized punishment. 
‘‘(2) LESSER
AUTHORIZED
PUNISHMENTS.—In accordance 
with regulations prescribed by the President, the court-martial 
may include in any sentence to death or life in prison without 
eligibility for parole other lesser punishments authorized under 
this chapter. 
‘‘(3) OTHER NON-CAPITAL OFFENSES.—In a capital case, if 
the accused is convicted of a non-capital offense, the accused 
shall be sentenced for such non-capital offense in accordance 
with subsection (b), regardless of whether the accused is con-
victed of an offense for which the court-martial may sentence 
the accused to death.’’. 
SEC. 5237. PLEA AGREEMENTS. 
Subchapter VII of chapter 47 of title 10, United States Code, 
is amended by inserting after section 853 (article 53 of the Uniform 
Code of Military Justice), as amended by section 5236 of this 
Act, the following new section (article): 
‘‘§ 853a. Art. 53a. Plea agreements 
‘‘(a) IN GENERAL.—(1) At any time before the announcement 
of findings under section 853 of this title (article 53), the convening 
authority and the accused may enter into a plea agreement with 
respect to such matters as— 
‘‘(A) the manner in which the convening authority will 
dispose of one or more charges and specifications; and 
‘‘(B) limitations on the sentence that may be adjudged 
for one or more charges and specifications. 
‘‘(2) The military judge of a general or special court-martial 
may not participate in discussions between the parties concerning 
prospective terms and conditions of a plea agreement. 
‘‘(b) LIMITATION ON ACCEPTANCE OF PLEA AGREEMENTS.—The 
military judge of a general or special court-martial shall reject 
a plea agreement that— 
10 USC 853a. 
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130 STAT. 2918 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(1) contains a provision that has not been accepted by 
both parties; 
‘‘(2) contains a provision that is not understood by the 
accused; or 
‘‘(3) except as provided in subsection (c), contains a provi-
sion for a sentence that is less than the mandatory minimum 
sentence applicable to an offense referred to in section 856(b)(2) 
of this title (article 56(b)(2)). 
‘‘(c) LIMITED CONDITIONS FOR ACCEPTANCE OF PLEA AGREEMENT 
FOR
SENTENCE
BELOW
MANDATORY
MINIMUM
FOR
CERTAIN 
OFFENSES.—With respect to an offense referred to in section 
856(b)(2) of this title (article 56(b)(2))— 
‘‘(1) the military judge may accept a plea agreement that 
provides for a sentence of bad conduct discharge; and 
‘‘(2) upon recommendation of the trial counsel, in exchange 
for substantial assistance by the accused in the investigation 
or prosecution of another person who has committed an offense, 
the military judge may accept a plea agreement that provides 
for a sentence that is less than the mandatory minimum sen-
tence for the offense charged. 
‘‘(d) BINDING EFFECT OF PLEA AGREEMENT.—Upon acceptance 
by the military judge of a general or special court-martial, a plea 
agreement shall bind the parties and the military judge.’’. 
SEC. 5238. RECORD OF TRIAL. 
Section 854 of title 10, United States Code (article 54 of the 
Uniform Code of Military Justice), is amended— 
(1) by striking subsection (a) and inserting the following 
new subsection (a): 
‘‘(a) GENERAL AND SPECIAL COURTS-MARTIAL.—Each general or 
special court-martial shall keep a separate record of the proceedings 
in each case brought before it. The record shall be certified by 
a court-reporter, except that in the case of death, disability, or 
absence of a court reporter, the record shall be certified by an 
official selected as the President may prescribe by regulation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(b) Each special and summary court- 
martial’’ and inserting ‘‘ (b) SUMMARY COURTS-MARTIAL.— 
Each summary court-martial’’; and 
(B) by striking ‘‘authenticated’’ and inserting ‘‘cer-
tified’’; 
(3) by striking subsection (c) and inserting the following 
new subsection (c): 
‘‘(c) CONTENTS OF RECORD.—(1) Except as provided in para-
graph (2), the record shall contain such matters as the President 
may prescribe by regulation. 
‘‘(2) In accordance with regulations prescribed by the President, 
a complete record of proceedings and testimony shall be prepared 
in any case of a sentence of death, dismissal, discharge, confinement 
for more than six months, or forfeiture of pay for more than six 
months.’’; 
(4) in subsection (d)— 
(A) by striking ‘‘(d) A copy’’ and inserting ‘‘(d) COPY 
TO ACCUSED.—A copy’’; and 
(B) by striking ‘‘authenticated’’ and inserting ‘‘cer-
tified’’; and 
(5) in subsection (e)— 
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130 STAT. 2919 
PUBLIC LAW 114–328—DEC. 23, 2016 
(A) by striking ‘‘(e) In the case’’ and inserting ‘‘(e) 
COPY TO VICTIM.—In the case’’; 
(B) by striking ‘‘involving a sexual assault or other 
offense covered by section 920 of this title (article 120),’’ 
in the first sentence and inserting ‘‘, upon request,’’; and 
(C) by striking ‘‘authenticated’’ in the second sentence 
and inserting ‘‘certified’’. 
TITLE LVIII—SENTENCES 
Sec. 5301. Sentencing. 
Sec. 5302. Effective date of sentences. 
Sec. 5303. Sentence of reduction in enlisted grade. 
SEC. 5301. SENTENCING. 
(a) IN GENERAL.—Section 856 of title 10, United States Code 
(article 56 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 856. Art. 56. Sentencing 
‘‘(a) SENTENCE MAXIMUMS.—The punishment which a court- 
martial may direct for an offense may not exceed such limits as 
the President may prescribe for that offense. 
‘‘(b) SENTENCE MINIMUMS FOR CERTAIN OFFENSES.—(1) Except 
as provided in subsection (d) of section 853a of this title (article 
53a), punishment for any offense specified in paragraph (2) shall 
include dismissal or dishonorable discharge, as applicable. 
‘‘(2) The offenses referred to in paragraph (1) are as follows: 
‘‘(A) Rape under subsection (a) of section 920 of this title 
(article 120). 
‘‘(B) Sexual assault under subsection (b) of such section 
(article). 
‘‘(C) Rape of a child under subsection (a) of section 920b 
of this title (article 120b). 
‘‘(D) Sexual assault of a child under subsection (b) of such 
section (article). 
‘‘(E) An attempt to commit an offense specified in subpara-
graph (A), (B), (C), or (D) that is punishable under section 
880 of this title (article 80). 
‘‘(F) Conspiracy to commit an offense specified in subpara-
graph (A), (B), (C), or (D) that is punishable under section 
881 of this title (article 81). 
‘‘(c) IMPOSITION OF SENTENCE.— 
‘‘(1) IN GENERAL.—In sentencing an accused under section 
853 of this title (article 53), a court-martial shall impose punish-
ment that is sufficient, but not greater than necessary, to 
promote justice and to maintain good order and discipline in 
the armed forces, taking into consideration— 
‘‘(A) the nature and circumstances of the offense and 
the history and characteristics of the accused; 
‘‘(B) the impact of the offense on— 
‘‘(i) the financial, social, psychological, or medical 
well-being of any victim of the offense; and 
‘‘(ii) the mission, discipline, or efficiency of the 
command of the accused and any victim of the offense; 
‘‘(C) the need for the sentence— 
‘‘(i) to reflect the seriousness of the offense; 
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130 STAT. 2920 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) to promote respect for the law; 
‘‘(iii) to provide just punishment for the offense; 
‘‘(iv) to promote adequate deterrence of misconduct; 
‘‘(v) to protect others from further crimes by the 
accused; 
‘‘(vi) to rehabilitate the accused; and 
‘‘(vii) to provide, in appropriate cases, the oppor-
tunity for retraining and return to duty to meet the 
needs of the service; and 
‘‘(D) the sentences available under this chapter. 
‘‘(2) SENTENCING BY MILITARY JUDGE.—In announcing the 
sentence in a general or special court-martial in which the 
accused is sentenced by a military judge alone under section 
853 of this title (article 53), the military judge shall, with 
respect to each offense of which the accused is found guilty, 
specify the term of confinement, if any, and the amount of 
the fine, if any. If the accused is sentenced to confinement 
for more than one offense, the military judge shall specify 
whether the terms of confinement are to run consecutively 
or concurrently. 
‘‘(3) SENTENCING
BY
MEMBERS.—In a general or special 
court-martial in which the accused has elected sentencing by 
members, the court-martial shall announce a single sentence 
for all of the offenses of which the accused was found guilty. 
‘‘(4) SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGI-
BILITY FOR PAROLE.—(A) If an offense is subject to a sentence 
of confinement for life, a court-martial may impose a sentence 
of confinement for life without eligibility for parole. 
‘‘(B) An accused who is sentenced to confinement for life 
without eligibility for parole shall be confined for the remainder 
of the accused’s life unless— 
‘‘(i) the sentence is set aside or otherwise modified 
as a result of— 
‘‘(I) action taken by the convening authority or 
the Secretary concerned; or 
‘‘(II) any other action taken during post-trial proce-
dure and review under any other provision of sub-
chapter IX of this chapter; 
‘‘(ii) the sentence is set aside or otherwise modified 
as a result of action taken by a Court of Criminal Appeals, 
the Court of Appeals for the Armed Forces, or the Supreme 
Court; or 
‘‘(iii) the accused is pardoned. 
‘‘(d) APPEAL OF SENTENCE BY THE UNITED STATES.—(1) With 
the approval of the Judge Advocate General concerned, the Govern-
ment may appeal a sentence to the Court of Criminal Appeals, 
on the grounds that— 
‘‘(A) the sentence violates the law; or 
‘‘(B) the sentence is plainly unreasonable. 
‘‘(2) An appeal under this subsection must be filed within 
60 days after the date on which the judgment of a court-martial 
is entered into the record under section 860c of this title (article 
60c).’’. 
(b) CONFORMING AMENDMENT.—Section 856a of title 10, United 
States Code (article 56a of the Uniform Code of Military Justice), 
is repealed. 
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130 STAT. 2921 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 5302. EFFECTIVE DATE OF SENTENCES. 
(a) IN GENERAL.—Section 857 of title 10, United States Code 
(article 57 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 857. Art. 57. Effective date of sentences 
‘‘(a) EXECUTION OF SENTENCES.—A court-martial sentence shall 
be executed and take effect as follows: 
‘‘(1) FORFEITURE AND REDUCTION.—A forfeiture of pay or 
allowances shall be applicable to pay and allowances accruing 
on and after the date on which the sentence takes effect. 
Any forfeiture of pay or allowances or reduction in grade that 
is included in a sentence of a court-martial takes effect on 
the earlier of— 
‘‘(A) the date that is 14 days after the date on which 
the sentence is adjudged; or 
‘‘(B) in the case of a summary court-martial, the date 
on which the sentence is approved by the convening 
authority. 
‘‘(2) CONFINEMENT.—Any period of confinement included 
in a sentence of a court-martial begins to run from the date 
the sentence is adjudged by the court-martial, but periods 
during which the sentence to confinement is suspended or 
deferred shall be excluded in computing the service of the 
term of confinement. 
‘‘(3) APPROVAL OF SENTENCE OF DEATH.—If the sentence 
of the court-martial extends to death, that part of the sentence 
providing for death may not be executed until approved by 
the President. In such a case, the President may commute, 
remit, or suspend the sentence, or any part thereof, as the 
President sees fit. That part of the sentence providing for 
death may not be suspended. 
‘‘(4) APPROVAL OF DISMISSAL.—If in the case of a commis-
sioned officer, cadet, or midshipman, the sentence of a court- 
martial extends to dismissal, that part of the sentence providing 
for dismissal may not be executed until approved by the Sec-
retary concerned or such Under Secretary or Assistant Sec-
retary as may be designated by the Secretary concerned. In 
such a case, the Secretary, Under Secretary, or Assistant Sec-
retary, as the case may be, may commute, remit, or suspend 
the sentence, or any part of the sentence, as the Secretary 
sees fit. In time of war or national emergency he may commute 
a sentence of dismissal to reduction to any enlisted grade. 
A person so reduced may be required to serve for the duration 
of the war or emergency and six months thereafter. 
‘‘(5) COMPLETION
OF
APPELLATE
REVIEW.—If a sentence 
extends to death, dismissal, or a dishonorable or bad-conduct 
discharge, that part of the sentence extending to death, dis-
missal, or a dishonorable or bad-conduct discharge may be 
executed, in accordance with service regulations, after comple-
tion of appellate review (and, with respect to death or dismissal, 
approval under paragraph (3) or (4), as appropriate). 
‘‘(6) OTHER SENTENCES.—Except as otherwise provided in 
this subsection, a general or special court-martial sentence 
is effective upon entry of judgment and a summary court- 
martial sentence is effective when the convening authority acts 
on the sentence. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(b) DEFERRAL OF SENTENCES.— 
‘‘(1) IN GENERAL.—On application by an accused, the con-
vening authority or, if the accused is no longer under his 
or her jurisdiction, the officer exercising general court-martial 
jurisdiction over the command to which the accused is currently 
assigned, may, in his or her sole discretion, defer the effective 
date of a sentence of confinement, reduction, or forfeiture. The 
deferment shall terminate upon entry of judgment or, in the 
case of a summary court-martial, when the convening authority 
acts on the sentence. The deferment may be rescinded at any 
time by the officer who granted it or, if the accused is no 
longer under his jurisdiction, by the officer exercising general 
court-martial jurisdiction over the command to which the 
accused is currently assigned. 
‘‘(2) DEFERRAL
OF
CERTAIN
PERSONS
SENTENCED
TO 
CONFINEMENT.—In any case in which a court-martial sentences 
a person referred to in paragraph (3) to confinement, the con-
vening authority may defer the service of the sentence to 
confinement, without the consent of that person, until after 
the person has been permanently released to the armed forces 
by a State or foreign country referred to in that paragraph. 
‘‘(3) COVERED PERSONS.—Paragraph (2) applies to a person 
subject to this chapter who— 
‘‘(A) while in the custody of a State or foreign country 
is temporarily returned by that State or foreign country 
to the armed forces for trial by court-martial; and 
‘‘(B) after the court-martial, is returned to that State 
or foreign country under the authority of a mutual agree-
ment or treaty, as the case may be. 
‘‘(4) STATE DEFINED.—In this subsection, the term ‘State’ 
includes the District of Columbia and any Commonwealth, terri-
tory, or possession of the United States. 
‘‘(5) DEFERRAL WHILE REVIEW PENDING.—In any case in 
which a court-martial sentences a person to confinement, but 
in which review of the case under section 867(a)(2) of this 
title (article 67(a)(2)) is pending, the Secretary concerned may 
defer further service of the sentence to confinement while that 
review is pending. 
‘‘(c) APPELLATE REVIEW.— 
‘‘(1) COMPLETION OF APPELLATE REVIEW.—Appellate review 
is complete under this section when— 
‘‘(A) a review under section 865 of this title (article 
65) is completed; or 
‘‘(B) a review under section 866 of this title (article 
66) is completed by a Court of Criminal Appeals and— 
‘‘(i) the time for the accused to file a petition for 
review by the Court of Appeals for the Armed Forces 
has expired and the accused has not filed a timely 
petition for such review and the case is not otherwise 
under review by that Court; 
‘‘(ii) such a petition is rejected by the Court of 
Appeals for the Armed Forces; or 
‘‘(iii) review is completed in accordance with the 
judgment of the Court of Appeals for the Armed Forces 
and— 
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130 STAT. 2923 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(I) a petition for a writ of certiorari is not 
filed within the time limits prescribed by the 
Supreme Court; 
‘‘(II) such a petition is rejected by the Supreme 
Court; or 
‘‘(III) review is otherwise completed in accord-
ance with the judgment of the Supreme Court. 
‘‘(2) COMPLETION AS FINAL JUDGMENT OF LEGALITY OF PRO-
CEEDINGS.—The completion of appellate review shall constitute 
a final judgment as to the legality of the proceedings.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Subchapter VIII of chapter 47 of title 10, United States 
Code, is amended by striking section 857a (article 57a of the 
Uniform Code of Military Justice). 
(2) Subchapter IX of chapter 47 of title 10, United States 
Code, is amended by striking section 871 (article 71 of the 
Uniform Code of Military Justice). 
(3) The second sentence of subsection (a)(1) of section 858b 
of title 10, United States Code (article 58b of the Uniform 
Code of Military Justice), is amended by striking ‘‘section 857(a) 
of this title (article 57(a))’’ and inserting ‘‘section 857 of this 
title (article 57)’’. 
SEC. 5303. SENTENCE OF REDUCTION IN ENLISTED GRADE. 
Section 858a of title 10, United States Code (article 58a of 
the Uniform Code of Military Justice), is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Unless otherwise provided in regula-
tions to be prescribed by the Secretary concerned, a’’ and 
inserting ‘‘A’’; 
(B) by striking ‘‘as approved by the convening 
authority’’ and inserting ‘‘as set forth in the judgment 
of the court-martial entered into the record under section 
860c of this title (article 60c)’’; and 
(C) in the matter after paragraph (3), by striking ‘‘of 
that approval’’ and inserting ‘‘on which the judgment is 
so entered’’; and 
(2) in subsection (b), by striking ‘‘disapproved, or, as finally 
approved’’ and inserting ‘‘reduced, or, as finally affirmed’’. 
TITLE LIX—POST-TRIAL PROCEDURE 
AND REVIEW OF COURTS-MARTIAL 
Sec. 5321. Post-trial processing in general and special courts-martial. 
Sec. 5322. Limited authority to act on sentence in specified post-trial cir-
cumstances. 
Sec. 5323. Post-trial actions in summary courts-martial and certain general and 
special courts-martial. 
Sec. 5324. Entry of judgment. 
Sec. 5325. Waiver of right to appeal and withdrawal of appeal. 
Sec. 5326. Appeal by the United States. 
Sec. 5327. Rehearings. 
Sec. 5328. Judge advocate review of finding of guilty in summary court-martial. 
Sec. 5329. Transmittal and review of records. 
Sec. 5330. Courts of Criminal Appeals. 
Sec. 5331. Review by Court of Appeals for the Armed Forces. 
Sec. 5332. Supreme Court review. 
Sec. 5333. Review by Judge Advocate General. 
Sec. 5334. Appellate defense counsel in death penalty cases. 
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130 STAT. 2924 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 5335. Authority for hearing on vacation of suspension of sentence to be con-
ducted by qualified judge advocate. 
Sec. 5336. Extension of time for petition for new trial. 
Sec. 5337. Restoration. 
Sec. 5338. Leave requirements pending review of certain court-martial convictions. 
SEC. 5321. POST-TRIAL PROCESSING IN GENERAL AND SPECIAL 
COURTS-MARTIAL. 
Section 860 of title 10, United States Code (article 60 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 860. Art 60. Post-trial processing in general and special 
courts-martial 
‘‘(a) STATEMENT OF TRIAL RESULTS.—(1) The military judge 
of a general or special court-martial shall enter into the record 
of trial a document entitled ‘Statement of Trial Results’, which 
shall set forth— 
‘‘(A) each plea and finding; 
‘‘(B) the sentence, if any; and 
‘‘(C) such other information as the President may prescribe 
by regulation. 
‘‘(2) Copies of the Statement of Trial Results shall be provided 
promptly to the convening authority, the accused, and any victim 
of the offense. 
‘‘(b) POST-TRIAL MOTIONS.—In accordance with regulations pre-
scribed by the President, the military judge in a general or special 
court-martial shall address all post-trial motions and other post- 
trial matters that— 
‘‘(1) may affect a plea, a finding, the sentence, the State-
ment of Trial Results, the record of trial, or any post-trial 
action by the convening authority; and 
‘‘(2) are subject to resolution by the military judge before 
entry of judgment.’’. 
SEC. 5322. LIMITED AUTHORITY TO ACT ON SENTENCE IN SPECIFIED 
POST-TRIAL CIRCUMSTANCES. 
Subchapter IX of chapter 47 of title 10, United States Code, 
is amended by inserting after section 860 (article 60 of the Uniform 
Code of Military Justice), as amended by section 5321 of this 
Act, the following new section (article): 
‘‘§ 860a. Art. 60a. Limited authority to act on sentence in 
specified post-trial circumstances 
‘‘(a) IN GENERAL.—(1) The convening authority of a general 
or special court-martial described in paragraph (2)— 
‘‘(A) may act on the sentence of the court-martial only 
as provided in subsection (b), (c), or (d); and 
‘‘(B) may not act on the findings of the court-martial. 
‘‘(2) The courts-martial referred to in paragraph (1) are the 
following: 
‘‘(A) A general or special court-martial in which the max-
imum sentence of confinement established under subsection 
(a) of section 856 of this title (article 56) for any offense of 
which the accused is found guilty is more than two years. 
‘‘(B) A general or special court-martial in which the total 
of the sentences of confinement imposed, running consecutively, 
is more than six months. 
10 USC 860a 
note. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(C) A general or special court-martial in which the sen-
tence imposed includes a dismissal, dishonorable discharge, 
or bad-conduct discharge. 
‘‘(D) A general or special court-martial in which the accused 
is found guilty of a violation of subsection (a) or (b) of section 
920 of this title (article 120), section 920b of this title (article 
120b), or such other offense as the Secretary of Defense may 
specify by regulation. 
‘‘(3) Except as provided in subsection (d), the convening 
authority may act under this section only before entry of judgment. 
‘‘(4) Under regulations prescribed by the Secretary concerned, 
a commissioned officer commanding for the time being, a successor 
in command, or any person exercising general court-martial jurisdic-
tion may act under this section in place of the convening authority. 
‘‘(b) REDUCTION, COMMUTATION, AND SUSPENSION
OF SEN-
TENCES GENERALLY.—(1) Except as provided in subsection (c) or 
(d), the convening authority may not reduce, commute, or suspend 
any of the following sentences: 
‘‘(A) A sentence of confinement, if the total period of confine-
ment imposed for all offenses involved, running consecutively, 
is greater than six months. 
‘‘(B) A sentence of dismissal, dishonorable discharge, or 
bad-conduct discharge. 
‘‘(C) A sentence of death. 
‘‘(2) The convening authority may reduce, commute, or suspend 
any sentence not specified in paragraph (1). 
‘‘(c) SUSPENSION OF CERTAIN SENTENCES UPON RECOMMENDA-
TION OF MILITARY JUDGE.—(1) Upon recommendation of the military 
judge, as included in the Statement of Trial Results, together with 
an explanation of the facts supporting the recommendation, the 
convening authority may suspend— 
‘‘(A) a sentence of confinement, in whole or in part; or 
‘‘(B) a sentence of dismissal, dishonorable discharge, or 
bad-conduct discharge. 
‘‘(2) The convening authority may not, under paragraph (1)— 
‘‘(A) suspend a mandatory minimum sentence; or 
‘‘(B) suspend a sentence to an extent in excess of the 
suspension recommended by the military judge. 
‘‘(d) REDUCTION OF SENTENCE FOR SUBSTANTIAL ASSISTANCE 
BY ACCUSED.—(1) Upon a recommendation by the trial counsel, 
if the accused, after sentencing and before entry of judgment, pro-
vides substantial assistance in the investigation or prosecution of 
another person, the convening authority may reduce, commute, 
or suspend a sentence, in whole or in part, including any mandatory 
minimum sentence. 
‘‘(2) Upon a recommendation by a trial counsel, designated 
in accordance with rules prescribed by the President, if the accused, 
after entry of judgment, provides substantial assistance in the 
investigation or prosecution of another person, a convening 
authority, designated under such regulations, may reduce, commute, 
or suspend a sentence, in whole or in part, including any mandatory 
minimum sentence. 
‘‘(3) In evaluating whether the accused has provided substantial 
assistance under this subsection, the convening authority may con-
sider the presentence assistance of the accused. 
‘‘(e) SUBMISSIONS BY ACCUSED AND VICTIM.—(1) In accordance 
with rules prescribed by the President, in determining whether 
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130 STAT. 2926 
PUBLIC LAW 114–328—DEC. 23, 2016 
to act under this section, the convening authority shall consider 
matters submitted in writing by the accused or any victim of an 
offense. Such rules shall include— 
‘‘(A) procedures for notice of the opportunity to make such 
submissions; 
‘‘(B) the deadlines for such submissions; and 
‘‘(C) procedures for providing the accused and any victim 
of an offense with a copy of the recording of any open sessions 
of the court-martial and copies of, or access to, any admitted, 
unsealed exhibits. 
‘‘(2) The convening authority shall not consider under this 
section any submitted matters that relate to the character of a 
victim unless such matters were presented as evidence at trial 
and not excluded at trial. 
‘‘(f) DECISION OF CONVENING AUTHORITY.—(1) The decision of 
the convening authority under this section shall be forwarded to 
the military judge, with copies provided to the accused and to 
any victim of the offense. 
‘‘(2) If, under this section, the convening authority reduces, 
commutes, or suspends the sentence, the decision of the convening 
authority shall include a written explanation of the reasons for 
such action. 
‘‘(3) If, under subsection (d)(2), the convening authority reduces, 
commutes, or suspends the sentence, the decision of the convening 
authority shall be forwarded to the chief trial judge for appropriate 
modification of the entry of judgment, which shall be transmitted 
to the Judge Advocate General for appropriate action.’’. 
SEC. 5323. POST-TRIAL ACTIONS IN SUMMARY COURTS-MARTIAL AND 
CERTAIN GENERAL AND SPECIAL COURTS-MARTIAL. 
Subchapter IX of chapter 47 of title 10, United States Code, 
is amended by inserting after section 860a (article 60a of the 
Uniform Code of Military Justice), as added by section 5322 of 
this Act, the following new section (article): 
‘‘§ 860b. Art. 60b. Post-trial actions in summary courts-mar-
tial and certain general and special courts-martial 
‘‘(a) IN GENERAL.—(1) In a court-martial not specified in section 
860a(a)(2) of this title (article 60a(a)(2)), the convening authority 
may— 
‘‘(A) dismiss any charge or specification by setting aside 
the finding of guilty; 
‘‘(B) change a finding of guilty to a charge or specification 
to a finding of guilty to a lesser included offense; 
‘‘(C) disapprove the findings and the sentence and dismiss 
the charges and specifications; 
‘‘(D) disapprove the findings and the sentence and order 
a rehearing as to the findings and the sentence; 
‘‘(E) disapprove, commute, or suspend the sentence, in 
whole or in part; or 
‘‘(F) disapprove the sentence and order a rehearing as 
to the sentence. 
‘‘(2) In a summary court-martial, the convening authority shall 
approve the sentence or take other action on the sentence under 
paragraph (1). 
‘‘(3) Except as provided in paragraph (4), the convening 
authority may act under this section only before entry of judgment. 
10 USC 860b 
note. 
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130 STAT. 2927 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(4) The convening authority may act under this section after 
entry of judgment in a general or special court-martial in the 
same manner as the convening authority may act under section 
860a(d)(2) of this title (article 60a(d)(2)). Such action shall be for-
warded to the chief trial judge, who shall ensure appropriate modi-
fication to the entry of judgment and shall transmit the entry 
of judgment to the Judge Advocate General for appropriate action. 
‘‘(5) Under regulations prescribed by the Secretary concerned, 
a commissioned officer commanding for the time being, a successor 
in command, or any person exercising general court-martial jurisdic-
tion may act under this section in place of the convening authority. 
‘‘(b) LIMITATIONS
ON REHEARINGS.—The convening authority 
may not order a rehearing under this section— 
‘‘(1) as to the findings, if there is insufficient evidence 
in the record to support the findings; 
‘‘(2) to reconsider a finding of not guilty of any specification 
or a ruling which amounts to a finding of not guilty; or 
‘‘(3) to reconsider a finding of not guilty of any charge, 
unless there has been a finding of guilty under a specification 
laid under that charge, which sufficiently alleges a violation 
of some article of this chapter. 
‘‘(c) SUBMISSIONS BY ACCUSED AND VICTIM.—In accordance with 
rules prescribed by the President, in determining whether to act 
under this section, the convening authority shall consider matters 
submitted in writing by the accused or any victim of the offense. 
Such rules shall include the matter required by section 860a(e) 
of this title (article 60a(e)). 
‘‘(d) DECISION
OF CONVENING AUTHORITY.—(1) In a general 
or special court-martial, the decision of the convening authority 
under this section shall be forwarded to the military judge, with 
copies provided to the accused and to any victim of the offense. 
‘‘(2) If the convening authority acts on the findings or the 
sentence under subsection (a)(1), the decision of the convening 
authority shall include a written explanation of the reasons for 
such action.’’. 
SEC. 5324. ENTRY OF JUDGMENT. 
Subchapter IX of chapter 47 of title 10, United States Code, 
is amended by inserting after section 860b (article 60b of the 
Uniform Code of Military Justice), as added by section 5323 of 
this Act, the following new section (article): 
‘‘§ 860c. Art. 60c. Entry of judgment 
‘‘(a) ENTRY
OF JUDGMENT
OF GENERAL
OR SPECIAL COURT- 
MARTIAL.—(1) In accordance with rules prescribed by the President, 
in a general or special court-martial, the military judge shall enter 
into the record of trial the judgment of the court. The judgment 
of the court shall consist of the following: 
‘‘(A) The Statement of Trial Results under section 860 
of this title (article 60). 
‘‘(B) Any modifications of, or supplements to, the Statement 
of Trial Results by reason of— 
‘‘(i) any post-trial action by the convening authority; 
or 
‘‘(ii) any ruling, order, or other determination of the 
military judge that affects a plea, a finding, or the sentence. 
10 USC 860c 
note. 
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130 STAT. 2928 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) Under rules prescribed by the President, the judgment 
under paragraph (1) shall be— 
‘‘(A) provided to the accused and to any victim of the 
offense; and 
‘‘(B) made available to the public. 
‘‘(b) SUMMARY COURT-MARTIAL JUDGMENT.—The findings and 
sentence of a summary court-martial, as modified by any post- 
trial action by the convening authority under section 860b of this 
title (article 60b), constitutes the judgment of the court-martial 
and shall be recorded and distributed under rules prescribed by 
the President.’’. 
SEC. 5325. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OF 
APPEAL. 
Section 861 of title 10, United States Code (article 61 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 861. Art. 61. Waiver of right to appeal; withdrawal of 
appeal 
‘‘(a) WAIVER OF RIGHT TO APPEAL.—After entry of judgment 
in a general or special court-martial, under procedures prescribed 
by the Secretary concerned, the accused may waive the right to 
appellate review in each case subject to such review under section 
866 of this title (article 66). Such a waiver shall be— 
‘‘(1) signed by the accused and by defense counsel; and 
‘‘(2) attached to the record of trial. 
‘‘(b) WITHDRAWAL OF APPEAL.—In a general or special court- 
martial, the accused may withdraw an appeal at any time. 
‘‘(c) DEATH PENALTY CASE EXCEPTION.—Notwithstanding sub-
sections (a) and (b), an accused may not waive the right to appeal 
or withdraw an appeal with respect to a judgment that includes 
a sentence of death. 
‘‘(d) WAIVER OR WITHDRAWAL AS BAR.—A waiver or withdrawal 
under this section bars review under section 866 of this title (article 
66).’’. 
SEC. 5326. APPEAL BY THE UNITED STATES. 
Section 862 of title 10, United States Code (article 62 of the 
Uniform Code of Military Justice), is amended— 
(1) in paragraph (1) of subsection (a)— 
(A) in the matter before subparagraph (A), by striking 
‘‘court-martial’’ and all that follows through the colon at 
the end and inserting ‘‘general or special court-martial, 
or in a pretrial proceeding under section 830a of this title 
(article 30a), the United States may appeal the following:’’; 
and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(G) An order or ruling of the military judge entering 
a finding of not guilty with respect to a charge or specification 
following the return of a finding of guilty by the members.’’; 
(2) in paragraph (2) of subsection (a)— 
(A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(B) An appeal of an order or ruling may not be taken when 
prohibited by section 844 of this title (article 44).’’; and 
(3) by adding at the end the following: 
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130 STAT. 2929 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(d) The United States may appeal a ruling or order of a 
military magistrate in the same manner as had the ruling or 
order been made by a military judge, except that the issue shall 
first be presented to the military judge who designated the military 
magistrate or to a military judge detailed to hear the issue. 
‘‘(e) The provisions of this section shall be liberally construed 
to effect its purposes.’’. 
SEC. 5327. REHEARINGS. 
Section 863 of title 10, United States Code (article 63 of the 
Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each rehearing’’; 
(2) in the second sentence, by striking ‘‘may be approved’’ 
and inserting ‘‘may be adjudged’’; 
(3) by striking the third sentence; and 
(4) by adding at the end the following new subsections: 
‘‘(b) If the sentence adjudged by the first court-martial was 
in accordance with a plea agreement under section 853a of this 
title (article 53a) and the accused at the rehearing does not comply 
with the agreement, or if a plea of guilty was entered for an 
offense at the first court-martial and a plea of not guilty was 
entered at the rehearing, the sentence as to those charges or speci-
fications may include any punishment not in excess of that which 
could have been adjudged at the first court-martial. 
‘‘(c) If, after appeal by the Government under section 856(d) 
of this title (article 56(d)), the sentence adjudged is set aside and 
a rehearing on sentence is ordered by the Court of Criminal Appeals 
or Court of Appeals for the Armed Forces, the court-martial may 
impose any sentence that is in accordance with the order or ruling 
setting aside the adjudged sentence, subject to such limitations 
as the President may prescribe by regulation.’’. 
SEC. 5328. JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUM-
MARY COURT-MARTIAL. 
(a) IN GENERAL.—Subsection (a) of section 864 of title 10, 
United States Code (article 64 of the Uniform Code of Military 
Justice), is amended by striking the first two sentences and 
inserting the following: 
‘‘(a) IN GENERAL.—Under regulations prescribed by the Sec-
retary concerned, each summary court-martial in which there is 
a finding of guilty shall be reviewed by a judge advocate. A judge 
advocate may not review a case under this subsection if the judge 
advocate has acted in the same case as an accuser, preliminary 
hearing officer, member of the court, military judge, or counsel 
or has otherwise acted on behalf of the prosecution or defense.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The heading of such section (article) is amended to 
read as follows: 
‘‘§ 864. Art. 64. Judge advocate review of finding of guilty 
in summary court-martial’’. 
(2) Subsection (b) of such section (article) is amended— 
(A) by striking ‘‘(b) The record’’ and inserting ‘‘(b) 
RECORD.—The record’’; 
(B) in paragraph (1), by adding ‘‘or’’ at the end; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as paragraph (2). 
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130 STAT. 2930 
PUBLIC LAW 114–328—DEC. 23, 2016 
(3) Subsection (c)(3) of such section (article) is amended 
by striking ‘‘section 869(b) of this title (article 69(b)).’’ and 
inserting ‘‘section 869 of this title (article 69).’’. 
SEC. 5329. TRANSMITTAL AND REVIEW OF RECORDS. 
Section 865 of title 10, United States Code (article 65 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 865. Art. 65. Transmittal and review of records 
‘‘(a) TRANSMITTAL OF RECORDS.— 
‘‘(1) FINDING OF GUILTY IN GENERAL OR SPECIAL COURT- 
MARTIAL.—If the judgment of a general or special court-martial 
entered under section 860c of this title (article 60c) includes 
a finding of guilty, the record shall be transmitted to the 
Judge Advocate General. 
‘‘(2) OTHER CASES.—In all other cases, records of trial by 
court-martial and related documents shall be transmitted and 
disposed of as the Secretary concerned may prescribe by regula-
tion. 
‘‘(b) CASES FOR DIRECT APPEAL.— 
‘‘(1) AUTOMATIC REVIEW.—If the judgment includes a sen-
tence of death, dismissal of a commissioned officer, cadet, or 
midshipman, dishonorable discharge or bad-conduct discharge, 
or confinement for 2 years or more, the Judge Advocate General 
shall forward the record of trial to the Court of Criminal 
Appeals for review under section 866(b)(2) of this title (article 
66(b)(2)). 
‘‘(2) CASES ELIGIBLE FOR DIRECT APPEAL REVIEW.— 
‘‘(A) IN
GENERAL.—If the case is eligible for direct 
review under section 866(b)(1) of this title (article 66(b)(1)), 
the Judge Advocate General shall— 
‘‘(i) forward a copy of the record of trial to an 
appellate defense counsel who shall be detailed to 
review the case and, upon request of the accused, to 
represent the accused before the Court of Criminal 
Appeals; and 
‘‘(ii) upon written request of the accused, forward 
a copy of the record of trial to civilian counsel provided 
by the accused. 
‘‘(B) INAPPLICABILITY.—Subparagraph (A) shall not 
apply if the accused— 
‘‘(i) waives the right to appeal under section 861 
of this title (article 61); or 
‘‘(ii) declines in writing the detailing of appellate 
defense counsel under subparagraph (A)(i). 
‘‘(c) NOTICE OF RIGHT TO APPEAL.— 
‘‘(1) IN GENERAL.—The Judge Advocate General shall pro-
vide notice to the accused of the right to file an appeal under 
section 866(b)(1) of this title (article 66(b)(1)) by means of 
depositing in the United States mails for delivery by first 
class certified mail to the accused at an address provided by 
the accused or, if no such address has been provided by the 
accused, at the latest address listed for the accused in the 
official service record of the accused. 
‘‘(2) INAPPLICABILITY UPON WAIVER OF APPEAL.—Paragraph 
(1) shall not apply if the accused waives the right to appeal 
under section 861 of this title (article 61). 
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130 STAT. 2931 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(d) REVIEW BY JUDGE ADVOCATE GENERAL.— 
‘‘(1) BY WHOM.—A review conducted under this subsection 
may be conducted by an attorney within the Office of the 
Judge Advocate General or another attorney designated under 
regulations prescribed by the Secretary concerned. 
‘‘(2) REVIEW OF CASES NOT ELIGIBLE FOR DIRECT APPEAL.— 
‘‘(A) IN GENERAL.—A review under subparagraph (B) 
shall be completed in each general and special court-martial 
that is not eligible for direct appeal under paragraph (1) 
or (3) of section 866(b) of this title (article 66(b)). 
‘‘(B) SCOPE
OF
REVIEW.—A review referred to in 
subparagraph (A) shall include a written decision providing 
each of the following: 
‘‘(i) A conclusion as to whether the court had juris-
diction over the accused and the offense. 
‘‘(ii) A conclusion as to whether the charge and 
specification stated an offense. 
‘‘(iii) A conclusion as to whether the sentence was 
within the limits prescribed as a matter of law. 
‘‘(iv) A response to each allegation of error made 
in writing by the accused. 
‘‘(3) REVIEW WHEN DIRECT APPEAL IS WAIVED, WITHDRAWN, 
OR NOT FILED.— 
‘‘(A) IN GENERAL.—A review under subparagraph (B) 
shall be completed in each general and special court-martial 
if— 
‘‘(i) the accused waives the right to appeal or with-
draws appeal under section 861 of this title (article 
61); or 
‘‘(ii) the accused does not file a timely appeal in 
a case eligible for direct appeal under subparagraph 
(A), (B), or (C) of section 866(b)(1) of this title (article 
66(b)(1)). 
‘‘(B) SCOPE
OF
REVIEW.—A review referred to in 
subparagraph (A) shall include a written decision limited 
to providing conclusions on the matters specified in clauses 
(i), (ii), and (iii) of paragraph (2)(B). 
‘‘(e) REMEDY.— 
‘‘(1) IN GENERAL.—If after a review of a record under sub-
section (d), the attorney conducting the review believes correc-
tive action may be required, the record shall be forwarded 
to the Judge Advocate General, who may set aside the findings 
or sentence, in whole or in part. 
‘‘(2) REHEARING.—In setting aside findings or sentence, the 
Judge Advocate General may order a rehearing, except that 
a rehearing may not be ordered in violation of section 844 
of this title (article 44). 
‘‘(3) REMEDY WITHOUT REHEARING.— 
‘‘(A) DISMISSAL WHEN NO REHEARING ORDERED.—If the 
Judge Advocate General sets aside findings and sentence 
and does not order a rehearing, the Judge Advocate General 
shall dismiss the charges. 
‘‘(B) DISMISSAL WHEN REHEARING IMPRACTICAL.—If the 
Judge Advocate General sets aside findings and orders 
a rehearing and the convening authority determines that 
a rehearing would be impractical, the convening authority 
shall dismiss the charges.’’. 
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130 STAT. 2932 
PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 5330. COURTS OF CRIMINAL APPEALS. 
(a) APPELLATE MILITARY JUDGES.—Subsection (a) of section 866 
of title 10, United States Code (article 66 of the Uniform Code 
of Military Justice), is amended— 
(1) in the second sentence, by striking ‘‘subsection (f)’’ and 
inserting ‘‘subsection (h)’’; 
(2) in the fourth sentence, by inserting after ‘‘highest court 
of a State’’ the following: ‘‘and must be certified by the Judge 
Advocate General as qualified, by reason of education, training, 
experience, and judicial temperament, for duty as an appellate 
military judge’’; and 
(3) by adding at the end the following new sentence: ‘‘In 
accordance with regulations prescribed by the President, assign-
ments of appellate military judges under this section (article) 
shall be for appropriate minimum periods, subject to such 
exceptions as may be authorized in the regulations.’’. 
(b) REVISION
OF
APPELLATE
PROCEDURES.—Such section 
(article) is further amended— 
(1) by redesignating subsections (e), (f), (g), and (h) as 
subsections (g), (h), (i), and (j), respectively; and 
(2) by striking subsections (b), (c), and (d) and inserting 
the following new subsections: 
‘‘(b) REVIEW.— 
‘‘(1) APPEALS BY ACCUSED.—A Court of Criminal Appeals 
shall have jurisdiction over a timely appeal from the judgment 
of a court-martial, entered into the record under section 860c 
of this title (article 60c), as follows: 
‘‘(A) On appeal by the accused in a case in which 
the sentence extends to confinement for more than six 
months and the case is not subject to automatic review 
under paragraph (3). 
‘‘(B) On appeal by the accused in a case in which 
the Government previously filed an appeal under section 
862 of this title (article 62). 
‘‘(C) On appeal by the accused in a case that the 
Judge Advocate General has sent to the Court of Criminal 
Appeals for review of the sentence under section 856(d) 
of this title (article 56(d)). 
‘‘(D) In a case in which the accused filed an application 
for review with the Court under section 869(d)(1)(B) of 
this title (article 69(d)(1)(B)) and the application has been 
granted by the Court. 
‘‘(2) REVIEW OF CERTAIN SENTENCES.—A Court of Criminal 
Appeals shall have jurisdiction over all cases that the Judge 
Advocate General orders sent to the Court for review under 
section 856(d) of this title (article 56(d)). 
‘‘(3) AUTOMATIC
REVIEW.—A Court of Criminal Appeals 
shall have jurisdiction over a court-martial in which the judg-
ment entered into the record under section 860c of this title 
(article 60c) includes a sentence of death, dismissal of a commis-
sioned officer, cadet, or midshipman, dishonorable discharge 
or bad-conduct discharge, or confinement for 2 years or more. 
‘‘(c) TIMELINESS.—An appeal under subsection (b)(1) is timely 
if it is filed as follows: 
‘‘(1) In the case of an appeal by the accused under sub-
section (b)(1)(A) or (b)(1)(B), if filed before the later of— 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) the end of the 90-day period beginning on the 
date the accused is provided notice of appellate rights 
under section 865(c) of this title (article 65(c)); or 
‘‘(B) the date set by the Court of Criminal Appeals 
by rule or order. 
‘‘(2) In the case of an appeal by the accused under sub-
section (b)(1)(C), if filed before the later of— 
‘‘(A) the end of the 90-day period beginning on the 
date the accused is notified that the application for review 
has been granted by letter placed in the United States 
mails for delivery by first class certified mail to the accused 
at an address provided by the accused or, if no such address 
has been provided by the accused, at the latest address 
listed for the accused in his official service record; or 
‘‘(B) the date set by the Court of Criminal Appeals 
by rule or order. 
‘‘(d) DUTIES.— 
‘‘(1) CASES APPEALED BY ACCUSED.—In any case before the 
Court of Criminal Appeals under subsection (b), the Court 
may act only with respect to the findings and sentence as 
entered into the record under section 860c of this title (article 
60c). The Court may affirm only such findings of guilty, and 
the sentence or such part or amount of the sentence, as the 
Court finds correct in law and fact and determines, on the 
basis of the entire record, should be approved. In considering 
the record, the Court may weigh the evidence, judge the credi-
bility of witnesses, and determine controverted questions of 
fact, recognizing that the trial court saw and heard the wit-
nesses. 
‘‘(2) ERROR OR EXCESSIVE DELAY.—In any case before the 
Court of Criminal Appeals under subsection (b), the Court 
may provide appropriate relief if the accused demonstrates 
error or excessive delay in the processing of the court-martial 
after the judgment was entered into the record under section 
860c of this title (article 60c). 
‘‘(e) CONSIDERATION OF APPEAL OF SENTENCE BY THE UNITED 
STATES.— 
‘‘(1) IN GENERAL.—In considering a sentence on appeal or 
review as provided in section 856(d) of this title (article 56(d)), 
the Court of Criminal Appeals may consider— 
‘‘(A) whether the sentence violates the law; and 
‘‘(B) whether the sentence is plainly unreasonable. 
‘‘(2) RECORD ON APPEAL OR REVIEW.—In an appeal or review 
under this subsection or section 856(d) of this title (article 
56(d)), the record on appeal or review shall consist of— 
‘‘(A) any portion of the record in the case that is des-
ignated as pertinent by either of the parties; 
‘‘(B) the information submitted during the sentencing 
proceeding; and 
‘‘(C) any information required by rule or order of the 
Court of Criminal Appeals. 
‘‘(f) LIMITS OF AUTHORITY.— 
‘‘(1) SET ASIDE OF FINDINGS.— 
‘‘(A) IN GENERAL.—If the Court of Criminal Appeals 
sets aside the findings, the Court— 
‘‘(i) may affirm any lesser included offense; and 
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130 STAT. 2934 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(ii) may, except when prohibited by section 844 
of this title (article 44), order a rehearing. 
‘‘(B) DISMISSAL WHEN NO REHEARING ORDERED.—If the 
Court of Criminal Appeals sets aside the findings and 
does not order a rehearing, the Court shall order that 
the charges be dismissed. 
‘‘(C) DISMISSAL WHEN REHEARING IMPRACTICABLE.—If 
the Court of Criminal Appeals orders a rehearing on a 
charge and the convening authority finds a rehearing 
impracticable, the convening authority may dismiss the 
charge. 
‘‘(2) SET ASIDE OF SENTENCE.—If the Court of Criminal 
Appeals sets aside the sentence, the Court may— 
‘‘(A) modify the sentence to a lesser sentence; or 
‘‘(B) order a rehearing. 
‘‘(3) ADDITIONAL PROCEEDINGS.—If the Court determines 
that additional proceedings are warranted, the Court may order 
a hearing as may be necessary to address a substantial issue, 
subject to such limitations as the Court may direct and under 
such regulations as the President may prescribe.’’. 
(c) ACTION WHEN REHEARING IMPRACTICABLE AFTER REHEARING 
ORDER.—Subsection (g) of such section (article), as redesignated 
by subsection (b)(1) of this section, is amended— 
(1) in the first sentence, by striking ‘‘convening authority’’ 
and inserting ‘‘appropriate authority’’; and 
(2) by striking the last sentence. 
(d) SECTION HEADING.—The heading of such section (article) 
is amended to read as follows: 
‘‘§ 866. Art. 66. Courts of Criminal Appeals’’. 
(e) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSIST-
ENCY.—Such section (article) is further amended— 
(1) in subsection (a), by inserting ‘‘COURTS OF CRIMINAL 
APPEALS.—’’ after ‘‘(a)’’; 
(2) in subsection (g), as redesignated by subsection (b)(1) 
of this section, by inserting ‘‘ACTION IN ACCORDANCE WITH 
DECISIONS OF COURTS.—’’ after ‘‘(g)’’; 
(3) in subsection (h), as so redesignated, by inserting 
‘‘RULES OF PROCEDURE.—’’ after ‘‘(h)’’; 
(4) in subsection (i), as so redesignated, by inserting 
‘‘PROHIBITION
ON
EVALUATION
OF
OTHER
MEMBERS
OF 
COURTS.—’’ after ‘‘(i)’’; and 
(5) in subsection (j), as so redesignated, by inserting ‘‘INELI-
GIBILITY
OF MEMBERS
OF COURTS TO REVIEW RECORDS
OF 
CASES INVOLVING CERTAIN PRIOR MEMBER SERVICE.—’’ after 
‘‘(j)’’. 
SEC. 5331. REVIEW BY COURT OF APPEALS FOR THE ARMED FORCES. 
(a) JAG NOTIFICATION.—Subsection (a)(2) of section 867 of title 
10, United States Code (article 67 of the Uniform Code of Military 
Justice), is amended by inserting after ‘‘the Judge Advocate Gen-
eral’’ the following: ‘‘, after appropriate notification to the other 
Judge Advocates General and the Staff Judge Advocate to the 
Commandant of the Marine Corps,’’. 
(b) BASIS FOR REVIEW.—Subsection (c) of such section (article) 
is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
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130 STAT. 2935 
PUBLIC LAW 114–328—DEC. 23, 2016 
(2) by designating the second sentence as paragraph (2); 
(3) by designating the third sentence as paragraph (3); 
(4) by designating the fourth sentence as paragraph (4); 
and 
(5) in paragraph (1), as designated by paragraph (1) of 
this subsection, by striking ‘‘only with respect to’’ and all that 
follows through the end of the sentence and inserting ‘‘only 
with respect to— 
‘‘(A) the findings and sentence set forth in the entry of 
judgment, as affirmed or set aside as incorrect in law by the 
Court of Criminal Appeals; or 
‘‘(B) a decision, judgment, or order by a military judge, 
as affirmed or set aside as incorrect in law by the Court 
of Criminal Appeals.’’. 
SEC. 5332. SUPREME COURT REVIEW. 
The second sentence of section 867a(a) of title 10, United States 
Code (article 67a(a) of the Uniform Code of Military Justice), is 
amended by inserting before ‘‘Court of Appeals’’ the following: 
‘‘United States’’. 
SEC. 5333. REVIEW BY JUDGE ADVOCATE GENERAL. 
Section 869 of title 10, United States Code (article 69 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 869. Art. 69. Review by Judge Advocate General 
‘‘(a) IN GENERAL.—Upon application by the accused and subject 
to subsections (b), (c), and (d), the Judge Advocate General may 
modify or set aside, in whole or in part, the findings and sentence 
in a court-martial that is not reviewed under section 866 of this 
title (article 66). 
‘‘(b) TIMING.—To qualify for consideration, an application under 
subsection (a) must be submitted to the Judge Advocate General 
not later than one year after the date of completion of review 
under section 864 or 865 of this title (article 64 or 65), as the 
case may be. The Judge Advocate General may, for good cause 
shown, extend the period for submission of an application, but 
may not consider an application submitted more than three years 
after such completion date. 
‘‘(c) SCOPE.—(1)(A) In a case reviewed under section 864 or 
865(b) of this title (article 64 or 65(b)), the Judge Advocate General 
may set aside the findings or sentence, in whole or in part on 
the grounds of newly discovered evidence, fraud on the court, lack 
of jurisdiction over the accused or the offense, error prejudicial 
to the substantial rights of the accused, or the appropriateness 
of the sentence. 
‘‘(B) In setting aside findings or sentence, the Judge Advocate 
General may order a rehearing, except that a rehearing may not 
be ordered in violation of section 844 of this title (article 44). 
‘‘(C) If the Judge Advocate General sets aside findings and 
sentence and does not order a rehearing, the Judge Advocate Gen-
eral shall dismiss the charges. 
‘‘(D) If the Judge Advocate General sets aside findings and 
orders a rehearing and the convening authority determines that 
a rehearing would be impractical, the convening authority shall 
dismiss the charges. 
‘‘(2) In a case reviewed under section 865(b) of this title (article 
65(b)), review under this section is limited to the issue of whether 
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130 STAT. 2936 
PUBLIC LAW 114–328—DEC. 23, 2016 
the waiver or withdrawal of an appeal was invalid under the 
law. If the Judge Advocate General determines that the waiver 
or withdrawal of an appeal was invalid, the Judge Advocate General 
shall order appropriate corrective action under rules prescribed 
by the President. 
‘‘(d) COURT OF CRIMINAL APPEALS.—(1) A Court of Criminal 
Appeals may review the action taken by the Judge Advocate General 
under subsection (c)— 
‘‘(A) in a case sent to the Court of Criminal Appeals by 
order of the Judge Advocate General; or 
‘‘(B) in a case submitted to the Court of Criminal Appeals 
by the accused in an application for review. 
‘‘(2) The Court of Criminal Appeals may grant an application 
under paragraph (1)(B) only if— 
‘‘(A) the application demonstrates a substantial basis for 
concluding that the action on review under subsection (c) con-
stituted prejudicial error; and 
‘‘(B) the application is filed not later than the earlier of— 
‘‘(i) 60 days after the date on which the accused is 
notified of the decision of the Judge Advocate General; 
or 
‘‘(ii) 60 days after the date on which a copy of the 
decision of the Judge Advocate General is deposited in 
the United States mails for delivery by first-class certified 
mail to the accused at an address provided by the accused 
or, if no such address has been provided by the accused, 
at the latest address listed for the accused in his official 
service record. 
‘‘(3) The submission of an application for review under this 
subsection does not constitute a proceeding before the Court of 
Criminal Appeals for purposes of section 870(c)(1) of this title 
(article 70(c)(1)). 
‘‘(e) ACTION ONLY ON MATTERS OF LAW.—Notwithstanding sec-
tion 866 of this title (article 66), in any case reviewed by a Court 
of Criminal Appeals under subsection (d), the Court may take 
action only with respect to matters of law.’’. 
SEC. 5334. APPELLATE DEFENSE COUNSEL IN DEATH PENALTY CASES. 
Section 870 of title 10, United States Code (article 70 of the 
Uniform Code of Military Justice), is amended by adding at the 
end the following new subsection: 
‘‘(f) To the greatest extent practicable, in any capital case, 
at least one defense counsel under subsection (c) shall, as deter-
mined by the Judge Advocate General, be learned in the law 
applicable to such cases. If necessary, this counsel may be a civilian 
and, if so, may be compensated in accordance with regulations 
prescribed by the Secretary of Defense.’’. 
SEC. 5335. AUTHORITY FOR HEARING ON VACATION OF SUSPENSION 
OF SENTENCE TO BE CONDUCTED BY QUALIFIED JUDGE 
ADVOCATE. 
(a) IN GENERAL.—Subsection (a) of section 872 of title 10, 
United States Code (article 72 of the Uniform Code of Military 
Justice), is amended by inserting after the first sentence the fol-
lowing new sentence: ‘‘The special court-martial convening authority 
may detail a judge advocate, who is certified under section 827(b) 
of this title (article 27(b)), to conduct the hearing.’’. 
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130 STAT. 2937 
PUBLIC LAW 114–328—DEC. 23, 2016 
(b) TECHNICAL AMENDMENTS.—Such section (article) is further 
amended— 
(1) in the last sentence of subsection (a), by striking ‘‘if 
he so desires’’ and inserting ‘‘if the probationer so desires’’; 
and 
(2) in the second sentence of subsection (b)— 
(A) by striking ‘‘If he’’ and inserting ‘‘If the officer 
exercising general court-martial jurisdiction’’; and 
(B) by striking ‘‘section 871(c) of this title (article 71(c))’’ 
and inserting ‘‘section 857 of this title (article 57)’’. 
SEC. 5336. EXTENSION OF TIME FOR PETITION FOR NEW TRIAL. 
The first sentence of section 873 of title 10, United States 
Code (article 73 of the Uniform Code of Military Justice), is amended 
by striking ‘‘two years after approval by the convening authority 
of a court-martial sentence’’ and inserting ‘‘three years after the 
date of the entry of judgment under section 860c of this title 
(article 60c)’’. 
SEC. 5337. RESTORATION. 
Section 875 of title 10, United States Code (article 75 of the 
Uniform Code of Military Justice), is amended by adding at the 
end the following new subsection: 
‘‘(d) The President shall prescribe regulations, with such limita-
tions as the President considers appropriate, governing eligibility 
for pay and allowances for the period after the date on which 
an executed part of a court-martial sentence is set aside.’’. 
SEC. 5338. LEAVE REQUIREMENTS PENDING REVIEW OF CERTAIN 
COURT-MARTIAL CONVICTIONS. 
Section 876a of title 10, United States Code (article 76a of 
the Uniform Code of Military Justice), is amended— 
(1) in the first sentence, by striking ‘‘, as approved under 
section 860 of this title (article 60),’’; and 
(2) in the second sentence, by striking ‘‘on which the sen-
tence is approved under section 860 of this title (article 60)’’ 
and inserting ‘‘of the entry of judgment under section 860c 
of this title (article 60c)’’. 
TITLE LX—PUNITIVE ARTICLES 
Sec. 5401. Reorganization of punitive articles. 
Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts. 
Sec. 5403. Soliciting commission of offenses. 
Sec. 5404. Malingering. 
Sec. 5405. Breach of medical quarantine. 
Sec. 5406. Missing movement; jumping from vessel. 
Sec. 5407. Offenses against correctional custody and restriction. 
Sec. 5408. Disrespect toward superior commissioned officer; assault of superior 
commissioned officer. 
Sec. 5409. Willfully disobeying superior commissioned officer. 
Sec. 5410. Prohibited activities with military recruit or trainee by person in posi-
tion of special trust. 
Sec. 5411. Offenses by sentinel or lookout. 
Sec. 5412. Disrespect toward sentinel or lookout. 
Sec. 5413. Release of prisoner without authority; drinking with prisoner. 
Sec. 5414. Penalty for acting as a spy. 
Sec. 5415. Public records offenses. 
Sec. 5416. False or unauthorized pass offenses. 
Sec. 5417. Impersonation offenses. 
Sec. 5418. Insignia offenses. 
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130 STAT. 2938 
PUBLIC LAW 114–328—DEC. 23, 2016 
Sec. 5419. False official statements; false swearing. 
Sec. 5420. Parole violation. 
Sec. 5421. Wrongful taking, opening, etc. of mail matter. 
Sec. 5422. Improper hazarding of vessel or aircraft. 
Sec. 5423. Leaving scene of vehicle accident. 
Sec. 5424. Drunkenness and other incapacitation offenses. 
Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless 
operation of vehicle, aircraft, or vessel. 
Sec. 5426. Endangerment offenses. 
Sec. 5427. Communicating threats. 
Sec. 5428. Technical amendment relating to murder. 
Sec. 5429. Child endangerment. 
Sec. 5430. Rape and sexual assault offenses. 
Sec. 5431. Deposit of obscene matter in the mail. 
Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices. 
Sec. 5433. False pretenses to obtain services. 
Sec. 5434. Robbery. 
Sec. 5435. Receiving stolen property. 
Sec. 5436. Offenses concerning Government computers. 
Sec. 5437. Bribery. 
Sec. 5438. Graft. 
Sec. 5439. Kidnapping. 
Sec. 5440. Arson; burning property with intent to defraud. 
Sec. 5441. Assault. 
Sec. 5442. Burglary and unlawful entry. 
Sec. 5443. Stalking. 
Sec. 5444. Subornation of perjury. 
Sec. 5445. Obstructing justice. 
Sec. 5446. Misprision of serious offense. 
Sec. 5447. Wrongful refusal to testify. 
Sec. 5448. Prevention of authorized seizure of property. 
Sec. 5449. Wrongful interference with adverse administrative proceeding. 
Sec. 5450. Retaliation. 
Sec. 5451. Extraterritorial application of certain offenses. 
Sec. 5452. Table of sections. 
SEC. 5401. REORGANIZATION OF PUNITIVE ARTICLES. 
Sections of subchapter X of chapter 47 of title 10, United 
States Code (articles of the Uniform Code of Military Justice), 
are transferred within subchapter X and redesignated as follows: 
(1) ENLISTMENT AND SEPARATION.—Sections 883 and 884 
(articles 83 and 84) are transferred so as to appear (in that 
order) after section 904 (article 104) and are redesignated as 
sections 904a and 904b (articles 104a and 104b), respectively. 
(2) RESISTANCE, FLIGHT, BREACH OF ARREST, AND ESCAPE.— 
Section 895 (article 95) is transferred so as to appear after 
section 887 (article 87) and is redesignated as section 887a 
(article 87a). 
(3) NONCOMPLIANCE WITH PROCEDURAL RULES.—Section 898 
(article 98) is transferred so as to appear after section 931 
(article 131) and is redesignated as section 931f (article 131f). 
(4) CAPTURED
OR
ABANDONED
PROPERTY.—Section 903 
(article 103) is transferred so as to appear after section 908 
(article 108) and is redesignated as section 908a (article 108a). 
(5) AIDING THE ENEMY.—Section 904 (article 104) is redesig-
nated as section 903b (article 103b). 
(6) MISCONDUCT AS PRISONER.—Section 905 (article 105) 
is transferred so as to appear after section 897 (article 97) 
and is redesignated as section 898 (article 98). 
(7) SPIES; ESPIONAGE.—Sections 906 and 906a (articles 106 
and 106a) are transferred so as to appear (in that order) after 
section 902 (article 102) and are redesignated as sections 903 
and 903a (articles 103 and 103a), respectively. 
(8) MISBEHAVIOR OF SENTINEL.—Section 913 (article 113) 
is transferred so as to appear after section 894 (article 94) 
and is redesignated as section 895 (article 95). 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(9) DRUNKEN OR RECKLESS OPERATION OF A VEHICLE, AIR-
CRAFT, OR
VESSEL.—Section 911 (article 111) is transferred 
so as to appear after section 912a (article 912a) and is redesig-
nated as section 913 (article 113). 
(10) HOUSEBREAKING.—Section 930 (article 130) is redesig-
nated as section 929a (article 129a). 
(11) STALKING.—Section 920a (article 120a) is transferred 
so as to appear after section 929a (article 129a), as redesignated 
by paragraph (10), and is redesignated as section 930 (article 
130). 
(12) FORGERY.—Section 923 (article 123) is transferred so 
as to appear after section 904b (article 104b), as transferred 
and redesignated by paragraph (1), and is redesignated as 
section 905 (article 105). 
(13) MAIMING.— 
(A) IN GENERAL.—Section 924 (article 124) is trans-
ferred so as to appear after section 928 (article 128) and 
is redesignated as section 928a (article 128a). 
(B) 
CONFORMING
AMENDMENTS.—Section 
919a(b) 
(article 919a(b)) is amended— 
(i) by striking ‘‘924,’’ and inserting ‘‘928a,’’; and 
(ii) by striking ‘‘124,’’ and inserting ‘‘128a’’. 
(14) FRAUDS
AGAINST
THE
UNITED
STATES.—Section 932 
of (article 132) is transferred so as to appear after section 
923a (article 123a) and is redesignated as section 924 (article 
124). 
SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED 
OFFENSES, AND ATTEMPTS. 
Section 879 of title 10, United States Code (article 79 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 879. Art. 79. Conviction of offense charged, lesser included 
offenses, and attempts 
‘‘(a) IN GENERAL.—An accused may be found guilty of any 
of the following: 
‘‘(1) The offense charged. 
‘‘(2) A lesser included offense. 
‘‘(3) An attempt to commit the offense charged. 
‘‘(4) An attempt to commit a lesser included offense, if 
the attempt is an offense in its own right. 
‘‘(b) LESSER INCLUDED OFFENSE DEFINED.—In this section 
(article), the term ‘lesser included offense’ means— 
‘‘(1) an offense that is necessarily included in the offense 
charged; and 
‘‘(2) any lesser included offense so designated by regulation 
prescribed by the President. 
‘‘(c) REGULATORY AUTHORITY.—Any designation of a lesser 
included offense in a regulation referred to in subsection (b) shall 
be reasonably included in the greater offense.’’. 
SEC. 5403. SOLICITING COMMISSION OF OFFENSES. 
Section 882 of title 10, United States Code (article 82 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 882. Art. 82. Soliciting commission of offenses 
‘‘(a) SOLICITING COMMISSION OF OFFENSES GENERALLY.—Any 
person subject to this chapter who solicits or advises another to 
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130 STAT. 2940 
PUBLIC LAW 114–328—DEC. 23, 2016 
commit an offense under this chapter (other than an offense speci-
fied in subsection (b)) shall be punished as a court-martial may 
direct. 
‘‘(b) SOLICITING
DESERTION, MUTINY, SEDITION, 
OR
MIS-
BEHAVIOR BEFORE THE ENEMY.—Any person subject to this chapter 
who solicits or advises another to violate section 885 of this title 
(article 85), section 894 of this title (article 94), or section 99 
of this title (article 99)— 
‘‘(1) if the offense solicited or advised is attempted or is 
committed, shall be punished with the punishment provided 
for the commission of the offense; and 
‘‘(2) if the offense solicited or advised is not attempted 
or committed, shall be punished as a court-martial may direct.’’. 
SEC. 5404. MALINGERING. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 882 (article 82 of the Uniform 
Code of Military Justice), as amended by section 5403 of this 
Act, the following new section (article): 
‘‘§ 883. Art. 83. Malingering 
‘‘Any person subject to this chapter who, with the intent to 
avoid work, duty, or service— 
‘‘(1) feigns illness, physical disablement, mental lapse, or 
mental derangement; or 
‘‘(2) intentionally inflicts self-injury; 
shall be punished as a court-martial may direct.’’. 
SEC. 5405. BREACH OF MEDICAL QUARANTINE. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 883 (article 83 of the Uniform 
Code of Military Justice), as added by section 5404 of this Act, 
the following new section (article): 
‘‘§ 884. Art. 84. Breach of medical quarantine 
‘‘Any person subject to this chapter— 
‘‘(1) who is ordered into medical quarantine by a person 
authorized to issue such order; and 
‘‘(2) who, with knowledge of the quarantine and the limits 
of the quarantine, goes beyond those limits before being 
released from the quarantine by proper authority; 
shall be punished as a court-martial may direct.’’. 
SEC. 5406. MISSING MOVEMENT; JUMPING FROM VESSEL. 
Section 887 of title 10, United States Code (article 87 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 887. Art. 87. Missing movement; jumping from vessel 
‘‘(a) MISSING MOVEMENT.—Any person subject to this chapter 
who, through neglect or design, misses the movement of a ship, 
aircraft, or unit with which the person is required in the course 
of duty to move shall be punished as a court-martial may direct. 
‘‘(b) JUMPING FROM VESSEL INTO
THE WATER.—Any person 
subject to this chapter who wrongfully and intentionally jumps 
into the water from a vessel in use by the armed forces shall 
be punished as a court-martial may direct.’’. 
10 USC 884. 
10 USC 883. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
SEC. 
5407. 
OFFENSES 
AGAINST 
CORRECTIONAL 
CUSTODY 
AND 
RESTRICTION. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 887a (article 87a of the 
Uniform Code of Military Justice), as transferred and redesignated 
by section 5401(2) of this Act, the following new section (article): 
‘‘§ 887b. Art. 87b. Offenses against correctional custody and 
restriction 
‘‘(a) ESCAPE FROM CORRECTIONAL CUSTODY.—Any person sub-
ject to this chapter— 
‘‘(1) who is placed in correctional custody by a person 
authorized to do so; 
‘‘(2) who, while in correctional custody, is under physical 
restraint; and 
‘‘(3) who escapes from the physical restraint before being 
released from the physical restraint by proper authority; 
shall be punished as a court-martial may direct. 
‘‘(b) BREACH OF CORRECTIONAL CUSTODY.—Any person subject 
to this chapter— 
‘‘(1) who is placed in correctional custody by a person 
authorized to do so; 
‘‘(2) who, while in correctional custody, is under restraint 
other than physical restraint; and 
‘‘(3) who goes beyond the limits of the restraint before 
being released from the correctional custody or relieved of the 
restraint by proper authority; 
shall be punished as a court-martial may direct. 
‘‘(c) BREACH
OF RESTRICTION.—Any person subject to this 
chapter— 
‘‘(1) who is ordered to be restricted to certain limits by 
a person authorized to do so; and 
‘‘(2) who, with knowledge of the limits of the restriction, 
goes beyond those limits before being released by proper 
authority; 
shall be punished as a court-martial may direct.’’. 
SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER; 
ASSAULT OF SUPERIOR COMMISSIONED OFFICER. 
Section 889 of title 10, United States Code (article 89 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 889. Art. 89. Disrespect toward superior commissioned 
officer; assault of superior commissioned officer 
‘‘(a) DISRESPECT.—Any person subject to this chapter who 
behaves with disrespect toward that person’s superior commissioned 
officer shall be punished as a court-martial may direct. 
‘‘(b) ASSAULT.—Any person subject to this chapter who strikes 
that person’s superior commissioned officer or draws or lifts up 
any weapon or offers any violence against that officer while the 
officer is in the execution of the officer’s office shall be punished— 
‘‘(1) if the offense is committed in time of war, by death 
or such other punishment as a court-martial may direct; and 
‘‘(2) if the offense is committed at any other time, by 
such punishment, other than death, as a court-martial may 
direct.’’. 
10 USC 887b. 
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SEC. 
5409. 
WILLFULLY 
DISOBEYING 
SUPERIOR 
COMMISSIONED 
OFFICER. 
Section 890 of title 10, United States Code (article 90 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 890. Art. 90. Willfully disobeying superior commissioned 
officer 
‘‘Any person subject to this chapter who willfully disobeys a 
lawful command of that person’s superior commissioned officer shall 
be punished— 
‘‘(1) if the offense is committed in time of war, by death 
or such other punishment as a court-martial may direct; and 
‘‘(2) if the offense is committed at any other time, by 
such punishment, other than death, as a court-martial may 
direct.’’. 
SEC. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR 
TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 893 (article 93 of the Uniform 
Code of Military Justice), the following new section (article): 
‘‘§ 893a. Art. 93a. Prohibited activities with military recruit 
or trainee by person in position of special trust 
‘‘(a) ABUSE OF TRAINING LEADERSHIP POSITION.—Any person 
subject to this chapter— 
‘‘(1) who is an officer, a noncommissioned officer, or a 
petty officer; 
‘‘(2) who is in a training leadership position with respect 
to a specially protected junior member of the armed forces; 
and 
‘‘(3) who engages in prohibited sexual activity with such 
specially protected junior member of the armed forces; 
shall be punished as a court-martial may direct. 
‘‘(b) ABUSE OF POSITION AS MILITARY RECRUITER.—Any person 
subject to this chapter— 
‘‘(1) who is a military recruiter and engages in prohibited 
sexual activity with an applicant for military service; or 
‘‘(2) who is a military recruiter and engages in prohibited 
sexual activity with a specially protected junior member of 
the armed forces who is enlisted under a delayed entry program; 
shall be punished as a court-martial may direct. 
‘‘(c) CONSENT.—Consent is not a defense for any conduct at 
issue in a prosecution under this section (article). 
‘‘(d) DEFINITIONS.—In this section (article): 
‘‘(1) SPECIALLY PROTECTED JUNIOR MEMBER OF THE ARMED 
FORCES.—The term ‘specially protected junior member of the 
armed forces’ means— 
‘‘(A) a member of the armed forces who is assigned 
to, or is awaiting assignment to, basic training or other 
initial active duty for training, including a member who 
is enlisted under a delayed entry program; 
‘‘(B) a member of the armed forces who is a cadet, 
a midshipman, an officer candidate, or a student in any 
other officer qualification program; and 
‘‘(C) a member of the armed forces in any program 
that, by regulation prescribed by the Secretary concerned, 
10 USC 893a. 
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is identified as a training program for initial career quali-
fication. 
‘‘(2) TRAINING LEADERSHIP POSITION.—The term ‘training 
leadership position’ means, with respect to a specially protected 
junior member of the armed forces, any of the following: 
‘‘(A) Any drill instructor position or other leadership 
position in a basic training program, an officer candidate 
school, a reserve officers’ training corps unit, a training 
program for entry into the armed forces, or any program 
that, by regulation prescribed by the Secretary concerned, 
is identified as a training program for initial career quali-
fication. 
‘‘(B) Faculty and staff of the United States Military 
Academy, the United States Naval Academy, the United 
States Air Force Academy, and the United States Coast 
Guard Academy. 
‘‘(3) APPLICANT FOR MILITARY SERVICE.—The term ‘applicant 
for military service’ means a person who, under regulations 
prescribed by the Secretary concerned, is an applicant for 
original enlistment or appointment in the armed forces. 
‘‘(4) MILITARY
RECRUITER.—The term ‘military recruiter’ 
means a person who, under regulations prescribed by the Sec-
retary concerned, has the primary duty to recruit persons for 
military service. 
‘‘(5) PROHIBITED SEXUAL ACTIVITY.—The term ‘prohibited 
sexual activity’ means, as specified in regulations prescribed 
by the Secretary concerned, inappropriate physical intimacy 
under circumstances described in such regulations.’’. 
SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT. 
Section 895 of title 10, United States Code (article 95 of the 
Uniform Code of Military Justice), as transferred and redesignated 
by section 5401(8) of this Act, is amended to read as follows: 
‘‘§ 895. Art. 95. Offenses by sentinel or lookout 
‘‘(a) DRUNK OR SLEEPING ON POST, OR LEAVING POST BEFORE 
BEING RELIEVED.—Any sentinel or lookout who is drunk on post, 
who sleeps on post, or who leaves post before being regularly 
relieved, shall be punished— 
‘‘(1) if the offense is committed in time of war, by death 
or such other punishment as a court-martial may direct; and 
‘‘(2) if the offense is committed other than in time of war, 
by such punishment, other than death, as a court-martial may 
direct. 
‘‘(b) LOITERING OR WRONGFULLY SITTING ON POST.—Any sen-
tinel or lookout who loiters or wrongfully sits down on post shall 
be punished as a court-martial may direct.’’. 
SEC. 5412. DISRESPECT TOWARD SENTINEL OR LOOKOUT. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 895 (article 95 of the Uniform 
Code of Military Justice), as amended by section 5411 of this 
Act, the following new section (article): 
‘‘§ 895a. Art. 95a. Disrespect toward sentinel or lookout 
‘‘(a) DISRESPECTFUL LANGUAGE TOWARD SENTINEL OR LOOK-
OUT.—Any person subject to this chapter who, knowing that another 
person is a sentinel or lookout, uses wrongful and disrespectful 
10 USC 895a. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
language that is directed toward and within the hearing of the 
sentinel or lookout, who is in the execution of duties as a sentinel 
or lookout, shall be punished as a court-martial may direct. 
‘‘(b) DISRESPECTFUL BEHAVIOR TOWARD SENTINEL
OR LOOK-
OUT.—Any person subject to this chapter who, knowing that another 
person is a sentinel or lookout, behaves in a wrongful and dis-
respectful manner that is directed toward and within the sight 
of the sentinel or lookout, who is in the execution of duties as 
a sentinel or lookout, shall be punished as a court-martial may 
direct.’’. 
SEC. 5413. RELEASE OF PRISONER WITHOUT AUTHORITY; DRINKING 
WITH PRISONER. 
Section 896 of title 10, United States Code (article 96 of the 
Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 896. Art. 96. Release of prisoner without authority; 
drinking with prisoner 
‘‘(a) RELEASE OF PRISONER WITHOUT AUTHORITY.—Any person 
subject to this chapter— 
‘‘(1) who, without authority to do so, releases a prisoner; 
or 
‘‘(2) who, through neglect or design, allows a prisoner to 
escape; 
shall be punished as a court-martial may direct, whether or not 
the prisoner was committed in strict compliance with the law. 
‘‘(b) DRINKING WITH PRISONER.—Any person subject to this 
chapter who unlawfully drinks any alcoholic beverage with a pris-
oner shall be punished as a court-martial may direct.’’. 
SEC. 5414. PENALTY FOR ACTING AS A SPY. 
Section 903 of title 10, United States Code (article 103 of 
the Uniform Code of Military Justice), as transferred and redesig-
nated by section 5401(7) of this Act, is amended by inserting before 
the period at the end of the first sentence the following: ‘‘or such 
other punishment as a court-martial or a military commission may 
direct’’. 
SEC. 5415. PUBLIC RECORDS OFFENSES. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 903b (article 103b of the 
Uniform Code of Military Justice), as redesignated by section 
5401(5) of this Act, the following new section (article): 
‘‘§ 904. Art. 104. Public records offenses 
‘‘Any person subject to this chapter who, willfully and unlaw-
fully— 
‘‘(1) alters, conceals, removes, mutilates, obliterates, or 
destroys a public record; or 
‘‘(2) takes a public record with the intent to alter, conceal, 
remove, mutilate, obliterate, or destroy the public record; 
shall be punished as a court-martial may direct.’’. 
SEC. 5416. FALSE OR UNAUTHORIZED PASS OFFENSES. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 905 (article 105 of the Uniform 
Code of Military Justice), as transferred and redesignated by section 
5401(12) of this Act, the following new section (article): 
10 USC 904. 
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‘‘§ 905a. Art. 105a. False or unauthorized pass offenses 
‘‘(a) WRONGFUL MAKING, ALTERING, ETC.—Any person subject 
to this chapter who, wrongfully and falsely, makes, alters, counter-
feits, or tampers with a military or official pass, permit, discharge 
certificate, or identification card shall be punished as a court- 
martial may direct. 
‘‘(b) WRONGFUL SALE, ETC.—Any person subject to this chapter 
who wrongfully sells, gives, lends, or disposes of a false or unauthor-
ized military or official pass, permit, discharge certificate, or identi-
fication card, knowing that the pass, permit, discharge certificate, 
or identification card is false or unauthorized, shall be punished 
as a court-martial may direct. 
‘‘(c) WRONGFUL USE OR POSSESSION.—Any person subject to 
this chapter who wrongfully uses or possesses a false or unauthor-
ized military or official pass, permit, discharge certificate, or identi-
fication card, knowing that the pass, permit, discharge certificate, 
or identification card is false or unauthorized, shall be punished 
as a court-martial may direct.’’. 
SEC. 5417. IMPERSONATION OFFENSES. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 905a (article 105a of the 
Uniform Code of Military Justice), as added by section 5416 of 
this Act, the following new section (article): 
‘‘§ 906. Art. 106. Impersonation of officer, noncommissioned 
or petty officer, or agent or official 
‘‘(a) IN GENERAL.—Any person subject to this chapter who, 
wrongfully and willfully, impersonates— 
‘‘(1) an officer, a noncommissioned officer, or a petty officer; 
‘‘(2) an agent of superior authority of one of the armed 
forces; or 
‘‘(3) an official of a government; 
shall be punished as a court-martial may direct. 
‘‘(b) IMPERSONATION WITH INTENT TO DEFRAUD.—Any person 
subject to this chapter who, wrongfully, willfully, and with intent 
to defraud, impersonates any person referred to in paragraph (1), 
(2), or (3) of subsection (a) shall be punished as a court-martial 
may direct. 
‘‘(c) IMPERSONATION
OF
GOVERNMENT
OFFICIAL
WITHOUT 
INTENT
TO DEFRAUD.—Any person subject to this chapter who, 
wrongfully, willfully, and without intent to defraud, impersonates 
an official of a government by committing an act that exercises 
or asserts the authority of the office that the person claims to 
have shall be punished as a court-martial may direct.’’. 
SEC. 5418. INSIGNIA OFFENSES. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 906 (article 106 of the Uniform 
Code of Military Justice), as added by section 5417 of this Act, 
the following new section (article): 
‘‘§ 906a. Art. 106a. Wearing unauthorized insignia, decoration, 
badge, ribbon, device, or lapel button 
‘‘Any person subject to this chapter— 
‘‘(1) who is not authorized to wear an insignia, decoration, 
badge, ribbon, device, or lapel button; and 
10 USC 906a. 
10 USC 906. 
10 USC 905a. 
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‘‘(2) who wrongfully wears such insignia, decoration, badge, 
ribbon, device, or lapel button upon the person’s uniform or 
civilian clothing; 
shall be punished as a court-martial may direct.’’. 
SEC. 5419. FALSE OFFICIAL STATEMENTS; FALSE SWEARING. 
Section 907 of title 10, United States Code (article 107 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 907. Art. 107. False official statements; false swearing 
‘‘(a) FALSE OFFICIAL STATEMENTS.—Any person subject to this 
chapter who, with intent to deceive— 
‘‘(1) signs any false record, return, regulation, order, or 
other official document, knowing it to be false; or 
‘‘(2) makes any other false official statement knowing it 
to be false; 
shall be punished as a court-martial may direct. 
‘‘(b) FALSE SWEARING.—Any person subject to this chapter— 
‘‘(1) who takes an oath that— 
‘‘(A) is administered in a matter in which such oath 
is required or authorized by law; and 
‘‘(B) is administered by a person with authority to 
do so; and 
‘‘(2) who, upon such oath, makes or subscribes to a state-
ment; 
if the statement is false and at the time of taking the oath, the 
person does not believe the statement to be true, shall be punished 
as a court-martial may direct.’’. 
SEC. 5420. PAROLE VIOLATION. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 907 (article 107 of the Uniform 
Code of Military Justice), as amended by section 5419 of this 
Act, the following new section (article): 
‘‘§ 907a. Art. 107a. Parole violation 
‘‘Any person subject to this chapter— 
‘‘(1) who, having been a prisoner as the result of a court- 
martial conviction or other criminal proceeding, is on parole 
with conditions; and 
‘‘(2) who violates the conditions of parole; 
shall be punished as a court-martial may direct.’’. 
SEC. 5421. WRONGFUL TAKING, OPENING, ETC. OF MAIL MATTER. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 909 (article 109 of the Uniform 
Code of Military Justice), the following new section (article): 
‘‘§ 909a. Art. 109a. Mail matter: wrongful taking, opening, 
etc. 
‘‘(a) TAKING.—Any person subject to this chapter who, with 
the intent to obstruct the correspondence of, or to pry into the 
business or secrets of, any person or organization, wrongfully takes 
mail matter before the mail matter is delivered to or received 
by the addressee shall be punished as a court-martial may direct. 
‘‘(b) OPENING, SECRETING, DESTROYING, STEALING.—Any person 
subject to this chapter who wrongfully opens, secretes, destroys, 
or steals mail matter before the mail matter is delivered to or 
10 USC 909a. 
10 USC 907a. 
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received by the addressee shall be punished as a court-martial 
may direct.’’. 
SEC. 5422. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT. 
Section 910 of title 10, United States Code (article 110 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 910. Art. 110. Improper hazarding of vessel or aircraft 
‘‘(a) WILLFUL AND WRONGFUL HAZARDING.—Any person subject 
to this chapter who, willfully and wrongfully, hazards or suffers 
to be hazarded any vessel or aircraft of the armed forces shall 
be punished by death or such other punishment as a court-martial 
may direct. 
‘‘(b) NEGLIGENT HAZARDING.—Any person subject to this chapter 
who negligently hazards or suffers to be hazarded any vessel or 
aircraft of the armed forces shall be punished as a court-martial 
may direct.’’. 
SEC. 5423. LEAVING SCENE OF VEHICLE ACCIDENT. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 910 (article 110 of the Uniform 
Code of Military Justice), as amended by section 5422 of this 
Act, the following new section (article): 
‘‘§ 911. Art. 111. Leaving scene of vehicle accident 
‘‘(a) DRIVER.—Any person subject to this chapter— 
‘‘(1) who is the driver of a vehicle that is involved in 
an accident that results in personal injury or property damage; 
and 
‘‘(2) who wrongfully leaves the scene of the accident— 
‘‘(A) without providing assistance to an injured person; 
or 
‘‘(B) without providing personal identification to others 
involved in the accident or to appropriate authorities; 
shall be punished as a court-martial may direct. 
‘‘(b) SENIOR PASSENGER.—Any person subject to this chapter— 
‘‘(1) who is a passenger in a vehicle that is involved in 
an accident that results in personal injury or property damage; 
‘‘(2) who is the superior commissioned or noncommissioned 
officer of the driver of the vehicle or is the commander of 
the vehicle; and 
‘‘(3) who wrongfully and unlawfully orders, causes, or per-
mits the driver to leave the scene of the accident— 
‘‘(A) without providing assistance to an injured person; 
or 
‘‘(B) without providing personal identification to others 
involved in the accident or to appropriate authorities; 
shall be punished as a court-martial may direct.’’. 
SEC. 5424. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES. 
Section 912 of title 10, United States Code (article 112 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 912. Art. 112. Drunkenness and other incapacitation 
offenses 
‘‘(a) DRUNK ON DUTY.—Any person subject to this chapter who 
is drunk on duty shall be punished as a court-martial may direct. 
10 USC 911. 
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‘‘(b) INCAPACITATION FOR DUTY FROM DRUNKENNESS OR DRUG 
USE.—Any person subject to this chapter who, as a result of indul-
gence in any alcoholic beverage or any drug, is incapacitated for 
the proper performance of duty shall be punished as a court-martial 
may direct. 
‘‘(c) DRUNK PRISONER.—Any person subject to this chapter who 
is a prisoner and, while in such status, is drunk shall be punished 
as a court-martial may direct.’’. 
SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVIC-
TION 
OF 
DRUNKEN 
OR 
RECKLESS 
OPERATION 
OF 
VEHICLE, AIRCRAFT, OR VESSEL. 
Subsection (b)(3) of section 913 of title 10, United States Code 
(article 113 of the Uniform Code of Military Justice), as transferred 
and redesignated by section 5401(9) of this Act, is amended— 
(1) by striking ‘‘0.10 grams’’ both places it appears and 
inserting ‘‘0.08 grams’’; and 
(2) by adding at the end the following new sentence: ‘‘The 
Secretary may by regulation prescribe limits that are lower 
than the limits specified in the preceding sentence, if such 
lower limits are based on scientific developments, as reflected 
in Federal law of general applicability.’’. 
SEC. 5426. ENDANGERMENT OFFENSES. 
Section 914 of title 10, United States Code (article 114 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 914. Art. 114. Endangerment offenses 
‘‘(a) RECKLESS ENDANGERMENT.—Any person subject to this 
chapter who engages in conduct that— 
‘‘(1) is wrongful and reckless or is wanton; and 
‘‘(2) is likely to produce death or grievous bodily harm 
to another person; 
shall be punished as a court-martial may direct. 
‘‘(b) DUELING.—Any person subject to this chapter— 
‘‘(1) who fights or promotes, or is concerned in or connives 
at fighting, a duel; or 
‘‘(2) who, having knowledge of a challenge sent or about 
to be sent, fails to report the facts promptly to the proper 
authority; 
shall be punished as a court-martial may direct. 
‘‘(c) FIREARM DISCHARGE, ENDANGERING HUMAN LIFE.—Any 
person subject to this chapter who, willfully and wrongly, discharges 
a firearm, under circumstances such as to endanger human life 
shall be punished as a court-martial may direct. 
‘‘(d) CARRYING CONCEALED WEAPON.—Any person subject to 
this chapter who unlawfully carries a dangerous weapon concealed 
on or about his person shall be punished as a court-martial may 
direct.’’. 
SEC. 5427. COMMUNICATING THREATS. 
Section 915 of title 10, United States Code (article 115 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 915. Art. 115. Communicating threats 
‘‘(a) COMMUNICATING THREATS GENERALLY.—Any person subject 
to this chapter who wrongfully communicates a threat to injure 
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130 STAT. 2949 
PUBLIC LAW 114–328—DEC. 23, 2016 
the person, property, or reputation of another shall be punished 
as a court-martial may direct. 
‘‘(b) COMMUNICATING THREAT TO USE EXPLOSIVE, ETC.—Any 
person subject to this chapter who wrongfully communicates a 
threat to injure the person or property of another by use of (1) 
an explosive, (2) a weapon of mass destruction, (3) a biological 
or chemical agent, substance, or weapon, or (4) a hazardous mate-
rial, shall be punished as a court-martial may direct. 
‘‘(c) COMMUNICATING
FALSE
THREAT
CONCERNING
USE
OF 
EXPLOSIVE, ETC.—Any person subject to this chapter who mali-
ciously communicates a false threat concerning injury to the person 
or property of another by use of (1) an explosive, (2) a weapon 
of mass destruction, (3) a biological or chemical agent, substance, 
or weapon, or (4) a hazardous material, shall be punished as a 
court-martial may direct. As used in the preceding sentence, the 
term ‘false threat’ means a threat that, at the time the threat 
is communicated, is known to be false by the person communicating 
the threat.’’. 
SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER. 
Section 918(4) of title 10, United States Code (article 118(4) 
of the Uniform Code of Military Justice), is amended by striking 
‘‘forcible sodomy,’’. 
SEC. 5429. CHILD ENDANGERMENT. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 919a (article 119a of the 
Uniform Code of Military Justice), the following new section 
(article): 
‘‘§ 919b. Art. 119b. Child endangerment 
‘‘Any person subject to this chapter— 
‘‘(1) who has a duty for the care of a child under the 
age of 16 years; and 
‘‘(2) who, through design or culpable negligence, endangers 
the child’s mental or physical health, safety, or welfare; 
shall be punished as a court-martial may direct.’’. 
SEC. 5430. RAPE AND SEXUAL ASSAULT OFFENSES. 
(a) OFFENSE OF SEXUAL ASSAULT.—Subsection (b) of section 
920 of title 10, United States Code (article 120 of the Uniform 
Code of Military Justice), is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraph (B); and 
(B) by redesignating subparagraphs (C) and (D) as 
subparagraphs (B) and (C), respectively; and 
(2) in paragraph (2)— 
(A) by striking ‘‘another person when’’ and inserting 
‘‘another person— 
‘‘(B) when’’; and 
(B) by inserting before subparagraph (B), as added 
by subparagraph (A) of this paragraph, the following new 
subparagraph: 
‘‘(A) without the consent of the other person; or’’. 
(b) DEFINITIONS.— 
(1) SEXUAL ACT.—Paragraph (1) of subsection (g) of such 
section (article) is amended to read as follows: 
‘‘(1) SEXUAL ACT.—The term ‘sexual act’ means— 
10 USC 919b. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(A) the penetration, however slight, of the penis into 
the vulva or anus or mouth; 
‘‘(B) contact between the mouth and the penis, vulva, 
scrotum, or anus; or 
‘‘(C) the penetration, however slight, of the vulva or 
penis or anus of another by any part of the body or any 
object, with an intent to abuse, humiliate, harass, or 
degrade any person or to arouse or gratify the sexual 
desire of any person.’’. 
(2) SEXUAL CONTACT.—Paragraph (2) of such subsection 
is amended to read as follows: 
‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means 
touching, or causing another person to touch, either directly 
or through the clothing, the vulva, penis, scrotum, anus, groin, 
brest, inner thigh, or buttocks of any person, with an intent 
to abuse, humiliate, harass, or degrade any person or to arouse 
or gratify the sexual desire of any person. Touching may be 
accomplished by any part of the body or an object.’’. 
(3) REPEAL OF DEFINITION OF BODILY HARM.—Such sub-
section is further amended— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraphs (4) through (8) as 
paragraphs (3) through (7), respectively. 
(4) CONSENT.—Paragraph (7) of such subsection, as redesig-
nated by paragraph (3)(B) of this subsection, is further 
amended— 
(A) in subparagraph (A)— 
(i) in the second sentence, by striking ‘‘or submis-
sion resulting from the use of force, threat of force, 
or placing another in fear’’; 
(ii) by inserting after the second sentence, as 
amended by clause (i) of this subparagraph the fol-
lowing new sentence: ‘‘Submission resulting from the 
use of force, threat of force, or placing another person 
in fear also does not constitute consent.’’; and 
(iii) in the last sentence, by striking ‘‘shall not’’ 
and inserting ‘‘does not’’; 
(B) in subparagraph (B), by striking ‘‘subparagraph 
(B) or (D)’’ and inserting ‘‘subparagraph (B) or (C)’’; and 
(C) in subparagraph (C)— 
(i) by striking the first sentence; and 
(ii) in the last sentence, by striking ‘‘, or whether’’ 
and all that follows and inserting a period. 
(5) INCAPABLE OF CONSENTING.—Such subsection is further 
amended by adding at the end the following new paragraph 
(8): 
‘‘(8) INCAPABLE OF CONSENTING.—The term ‘incapable of 
consenting’ means the person is— 
‘‘(A) incapable of appraising the nature of the conduct 
at issue; or 
‘‘(B) physically incapable of declining participation in, 
or communicating unwillingess to engage in, the sexual 
act at issue.’’. 
(c) RAPE AND SEXUAL ASSAULT OF A CHILD.—Subsection (h)(1) 
of section 920b of title 10, United States Code (article 120b of 
the Uniform Code of Military Justice), is amended by inserting 
before the period at the end the following: ‘‘, except that the term 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘sexual act’ also includes the intentional touching, not through 
the clothing, of the genitalia of another person who has not attained 
the age of 16 years with an intent to abuse, humiliate, harass, 
degrade, or arouse or gratify the sexual desire of any person’’. 
SEC. 5431. DEPOSIT OF OBSCENE MATTER IN THE MAIL. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 920 (article 120 of the Uniform 
Code of Military Justice), the following new section (article): 
‘‘§ 920a. Art. 120a. Mails: deposit of obscene matter 
‘‘Any person subject to this chapter who, wrongfully and know-
ingly, deposits obscene matter for mailing and delivery shall be 
punished as a court-martial may direct.’’. 
SEC. 5432. FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND 
OTHER ACCESS DEVICES. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 921 (article 121 of the Uniform 
Code of Military Justice), the following new section (article): 
‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, debit cards, 
and other access devices 
‘‘(a) IN GENERAL.—Any person subject to this chapter who, 
knowingly and with intent to defraud, uses— 
‘‘(1) a stolen credit card, debit card, or other access device; 
‘‘(2) a revoked, cancelled, or otherwise invalid credit card, 
debit card, or other access device; or 
‘‘(3) a credit card, debit card, or other access device without 
the authorization of a person whose authorization is required 
for such use; 
to obtain money, property, services, or anything else of value shall 
be punished as a court-martial may direct. 
‘‘(b) ACCESS DEVICE DEFINED.—In this section (article), the 
term ‘access device’ has the meaning given that term in section 
1029 of title 18.’’. 
SEC. 5433. FALSE PRETENSES TO OBTAIN SERVICES. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 921a (article 121a of the 
Uniform Code of Military Justice), as added by section 5432 of 
this Act, the following new section (article): 
‘‘§ 921b. Art. 121b. False pretenses to obtain services 
‘‘Any person subject to this chapter who, with intent to defraud, 
knowingly uses false pretenses to obtain services shall be punished 
as a court-martial may direct.’’. 
SEC. 5434. ROBBERY. 
Section 922 of title 10, United States Code (article 122 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 922. Art. 122. Robbery 
‘‘Any person subject to this chapter who takes anything of 
value from the person or in the presence of another, against his 
will, by means of force or violence or fear of immediate or future 
injury to his person or property or to the person or property of 
a relative or member of his family or of anyone in his company 
10 USC 921b. 
10 USC 921a. 
10 USC 920a. 
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130 STAT. 2952 
PUBLIC LAW 114–328—DEC. 23, 2016 
at the time of the robbery, is guilty of robbery and shall be punished 
as a court-martial may direct.’’. 
SEC. 5435. RECEIVING STOLEN PROPERTY. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 922 (article 122 of the Uniform 
Code of Military Justice), as amended by section 5434 of this 
Act, the following new section (article): 
‘‘§ 922a. Art. 122a. Receiving stolen property 
‘‘Any person subject to this chapter who wrongfully receives, 
buys, or conceals stolen property, knowing the property to be stolen 
property, shall be punished as a court-martial may direct.’’. 
SEC. 5436. OFFENSES CONCERNING GOVERNMENT COMPUTERS. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 922a (article 122a of the 
Uniform Code of Military Justice), as added by section 5435 of 
this Act, the following new section (article): 
‘‘§ 923. Art. 123. Offenses concerning Government computers 
‘‘(a) IN GENERAL.—Any person subject to this chapter who— 
‘‘(1) knowingly accesses a Government computer, with an 
unauthorized purpose, and by doing so obtains classified 
information, with reason to believe such information could be 
used to the injury of the United States, or to the advantage 
of any foreign nation, and intentionally communicates, delivers, 
transmits, or causes to be communicated, delivered, or trans-
mitted such information to any person not entitled to receive 
it; 
‘‘(2) intentionally accesses a Government computer, with 
an unauthorized purpose, and thereby obtains classified or 
other protected information from any Government computer; 
or 
‘‘(3) knowingly causes the transmission of a program, 
information, code, or command, and as a result of such conduct, 
intentionally causes damage without authorization to a Govern-
ment computer; 
shall be punished as a court-martial may direct. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘computer’ has the meaning given that term 
in section 1030 of title 18. 
‘‘(2) The term ‘Government computer’ means a computer 
owned or operated by or on behalf of the United States Govern-
ment. 
‘‘(3) The term ‘damage’ has the meaning given that term 
in section 1030 of title 18.’’. 
SEC. 5437. BRIBERY. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 924 (article 124 of the Uniform 
Code of Military Justice), as transferred and redesignated by section 
5401(14) of this Act, the following new section (article): 
‘‘§ 924a. Art. 124a. Bribery 
‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING
OF VALUE.— 
Any person subject to this chapter— 
10 USC 924a. 
10 USC 923. 
10 USC 922a. 
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130 STAT. 2953 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(1) who occupies an official position or who has official 
duties; and 
‘‘(2) who wrongfully asks, accepts, or receives a thing of 
value with the intent to have the person’s decision or action 
influenced with respect to an official matter in which the United 
States is interested; 
shall be punished as a court-martial may direct. 
‘‘(b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any 
person subject to this chapter who wrongfully promises, offers, 
or gives a thing of value to another person, who occupies an official 
position or who has official duties, with the intent to influence 
the decision or action of the other person with respect to an official 
matter in which the United States is interested, shall be punished 
as a court-martial may direct.’’. 
SEC. 5438. GRAFT. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 924a (article 124a of the 
Uniform Code of Military Justice), as added by section 5437 of 
this Act, the following new section (article): 
‘‘§ 924b. Art. 124b. Graft 
‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING
OF VALUE.— 
Any person subject to this chapter— 
‘‘(1) who occupies an official position or who has official 
duties; and 
‘‘(2) who wrongfully asks, accepts, or receives a thing of 
value as compensation for or in recognition of services rendered 
or to be rendered by the person with respect to an official 
matter in which the United States is interested; 
shall be punished as a court-martial may direct. 
‘‘(b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any 
person subject to this chapter who wrongfully promises, offers, 
or gives a thing of value to another person, who occupies an official 
position or who has official duties, as compensation for or in recogni-
tion of services rendered or to be rendered by the other person 
with respect to an official matter in which the United States is 
interested, shall be punished as a court-martial may direct.’’. 
SEC. 5439. KIDNAPPING. 
Section 925 of title 10, United States Code (article 125 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 925. Art. 125. Kidnapping 
‘‘Any person subject to this chapter who wrongfully— 
‘‘(1) seizes, confines, inveigles, decoys, or carries away 
another person; and 
‘‘(2) holds the other person against that person’s will; 
shall be punished as a court-martial may direct.’’. 
SEC. 5440. ARSON; BURNING PROPERTY WITH INTENT TO DEFRAUD. 
Section 926 of title 10, United States Code (article 126 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 926. Art. 126. Arson; burning property with intent to 
defraud 
‘‘(a) AGGRAVATED ARSON.—Any person subject to this chapter 
who, willfully and maliciously, burns or sets on fire an inhabited 
10 USC 924b. 
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130 STAT. 2954 
PUBLIC LAW 114–328—DEC. 23, 2016 
dwelling, or any other structure, movable or immovable, wherein, 
to the knowledge of that person, there is at the time a human 
being, is guilty of aggravated arson and shall be punished as 
a court-martial may direct. 
‘‘(b) SIMPLE ARSON.—Any person subject to this chapter who, 
willfully and maliciously, burns or sets fire to the property of 
another is guilty of simple arson and shall be punished as a court- 
martial may direct. 
‘‘(c) BURNING PROPERTY WITH INTENT TO DEFRAUD.—Any per-
son subject to this chapter who, willfully, maliciously, and with 
intent to defraud, burns or sets fire to any property shall be pun-
ished as a court-martial may direct.’’. 
SEC. 5441. ASSAULT. 
Section 928 of title 10, United States Code (article 128 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 928. Art. 128. Assault 
‘‘(a) ASSAULT.—Any person subject to this chapter who, unlaw-
fully and with force or violence— 
‘‘(1) attempts to do bodily harm to another person; 
‘‘(2) offers to do bodily harm to another person; or 
‘‘(3) does bodily harm to another person; 
is guilty of assault and shall be punished as a court-martial may 
direct. 
‘‘(b) AGGRAVATED
ASSAULT.—Any person subject to this 
chapter— 
‘‘(1) who, with the intent to do bodily harm, offers to do 
bodily harm with a dangerous weapon; or 
‘‘(2) who, in committing an assault, inflicts substantial 
bodily harm, or grievous bodily harm on another person; 
is guilty of aggravated assault and shall be punished as a court- 
martial may direct. 
‘‘(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED OFFENSES.— 
‘‘(1) IN GENERAL.—Any person subject to this chapter who 
commits assault with intent to commit an offense specified 
in paragraph (2) shall be punished as a court-martial may 
direct. 
‘‘(2) OFFENSES SPECIFIED.—The offenses referred to in para-
graph (1) are murder, voluntary manslaughter, rape, sexual 
assault, rape of a child, sexual assault of a child, robbery, 
arson, burglary, and kidnapping.’’. 
SEC. 5442. BURGLARY AND UNLAWFUL ENTRY. 
Section 929 of title 10, United States Code (article 129 of 
the Uniform Code of Military Justice), and section 929a of such 
title (article 129a), as redesignated by section 5401(10) of this 
Act, are amended to read as follows: 
‘‘§ 929. Art. 129. Burglary; unlawful entry 
‘‘(a) BURGLARY.—Any person subject to this chapter who, with 
intent to commit an offense under this chapter, breaks and enters 
the building or structure of another shall be punished as a court- 
martial may direct. 
‘‘(b) UNLAWFUL ENTRY.—Any person subject to this chapter 
who unlawfully enters— 
‘‘(1) the real property of another; or 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) the personal property of another which amounts to 
a structure usually used for habitation or storage; 
shall be punished as a court-martial may direct.’’. 
SEC. 5443. STALKING. 
Section 930 of title 10, United States Code (article 130 of 
the Uniform Code of Military Justice), as transferred and redesig-
nated by section 5401(11) of this Act, is amended to read as follows: 
‘‘§ 930. Art. 130. Stalking 
‘‘(a) IN GENERAL.—Any person subject to this chapter— 
‘‘(1) who wrongfully engages in a course of conduct directed 
at a specific person that would cause a reasonable person 
to fear death or bodily harm, including sexual assault, to him-
self or herself, to a member of his or her immediate family, 
or to his or her intimate partner; 
‘‘(2) who has knowledge, or should have knowledge, that 
the specific person will be placed in reasonable fear of death 
or bodily harm, including sexual assault, to himself or herself, 
to a member of his or her immediate family, or to his or 
her intimate partner; and 
‘‘(3) whose conduct induces reasonable fear in the specific 
person of death or bodily harm, including sexual assault, to 
himself or herself, to a member of his or her immediate family, 
or to his or her intimate partner; 
is guilty of stalking and shall be punished as a court-martial may 
direct. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘conduct’ means conduct of any kind, 
including use of surveillance, the mails, an interactive computer 
service, an electronic communication service, or an electronic 
communication system. 
‘‘(2) The term ‘course of conduct’ means— 
‘‘(A) a repeated maintenance of visual or physical prox-
imity to a specific person; 
‘‘(B) a repeated conveyance of verbal threat, written 
threats, or threats implied by conduct, or a combination 
of such threats, directed at or toward a specific person; 
or 
‘‘(C) a pattern of conduct composed of repeated acts 
evidencing a continuity of purpose. 
‘‘(3) The term ‘repeated’, with respect to conduct, means 
two or more occasions of such conduct. 
‘‘(4) The term ‘immediate family’, in the case of a specific 
person, means— 
‘‘(A) that person’s spouse, parent, brother or sister, 
child, or other person to whom he or she stands in loco 
parentis; or 
‘‘(B) any other person living in his or her household 
and related to him or her by blood or marriage. 
‘‘(5) The term ‘intimate partner’, in the case of a specific 
person, means— 
‘‘(A) a former spouse of the specific person, a person 
who shares a child in common with the specific person, 
or a person who cohabits with or has cohabited as a spouse 
with the specific person; or 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(B) a person who has been in a social relationship 
of a romantic or intimate nature with the specific person, 
as determined by the length of the relationship, the type 
of relationship, and the frequency of interaction between 
the persons involved in the relationship.’’. 
SEC. 5444. SUBORNATION OF PERJURY. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931 (article 131 of the Uniform 
Code of Military Justice), the following new section (article): 
‘‘§ 931a. Art. 131a. Subornation of perjury 
‘‘(a) IN GENERAL.—Any person subject to this chapter who 
induces and procures another person— 
‘‘(1) to take an oath; and 
‘‘(2) to falsely testify, depose, or state upon such oath; 
shall, if the conditions specified in subsection (b) are satisfied, 
be punished as a court-martial may direct. 
‘‘(b) CONDITIONS.—The conditions referred to in subsection (a) 
are the following: 
‘‘(1) The oath is administered with respect to a matter 
for which such oath is required or authorized by law. 
‘‘(2) The oath is administered by a person having authority 
to do so. 
‘‘(3) Upon the oath, the other person willfully makes or 
subscribes a statement. 
‘‘(4) The statement is material. 
‘‘(5) The statement is false. 
‘‘(6) When the statement is made or subscribed, the person 
subject to this chapter and the other person do not believe 
that the statement is true.’’. 
SEC. 5445. OBSTRUCTING JUSTICE. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931a (article 131a of the 
Uniform Code of Military Justice), as added by section 5444 of 
this Act, the following new section (article): 
‘‘§ 931b. Art. 131b. Obstructing justice 
‘‘Any person subject to this chapter who engages in conduct 
in the case of a certain person against whom the accused had 
reason to believe there were or would be criminal or disciplinary 
proceedings pending, with intent to influence, impede, or otherwise 
obstruct the due administration of justice shall be punished as 
a court-martial may direct.’’. 
SEC. 5446. MISPRISION OF SERIOUS OFFENSE. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931b (article 131b of the 
Uniform Code of Military Justice), as added by section 5445 of 
this Act, the following new section (article): 
‘‘§ 931c. Art. 131c. Misprision of serious offense 
‘‘Any person subject to this chapter— 
‘‘(1) who knows that another person has committed a 
serious offense; and 
10 USC 931c. 
10 USC 931b. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(2) wrongfully conceals the commission of the offense and 
fails to make the commission of the offense known to civilian 
or military authorities as soon as possible; 
shall be punished as a court-martial may direct.’’. 
SEC. 5447. WRONGFUL REFUSAL TO TESTIFY. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931c (article 131c of the 
Uniform Code of Military Justice), as added by section 5446 of 
this Act, the following new section (article): 
‘‘§ 931d. Art. 131d. Wrongful refusal to testify 
‘‘Any person subject to this chapter who, in the presence of 
a court-martial, a board of officers, a military commission, a court 
of inquiry, a preliminary hearing, or an officer taking a deposition, 
of or for the United States, wrongfully refuses to qualify as a 
witness or to answer a question after having been directed to 
do so by the person presiding shall be punished as a court-martial 
may direct.’’. 
SEC. 5448. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931d (article 131d of the 
Uniform Code of Military Justice), as added by section 5447 of 
this Act, the following new section (article): 
‘‘§ 931e. Art. 131e. Prevention of authorized seizure of prop-
erty 
‘‘Any person subject to this chapter who, knowing that one 
or more persons authorized to make searches and seizures are 
seizing, are about to seize, or are endeavoring to seize property, 
destroys, removes, or otherwise disposes of the property with intent 
to prevent the seizure thereof shall be punished as a court-martial 
may direct.’’. 
SEC. 5449. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRA-
TIVE PROCEEDING. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931f (article 131f of the 
Uniform Code of Military Justice), as transferred and redesignated 
by section 5401(3) of this Act, the following new section (article): 
‘‘§ 931g. Art. 131g. Wrongful interference with adverse 
administrative proceeding 
‘‘Any person subject to this chapter who, having reason to 
believe that an adverse administrative proceeding is pending 
against any person subject to this chapter, wrongfully acts with 
the intent— 
‘‘(1) to influence, impede, or obstruct the conduct of the 
proceeding; or 
‘‘(2) otherwise to obstruct the due administration of justice; 
shall be punished as a court-martial may direct.’’. 
SEC. 5450. RETALIATION. 
Subchapter X of chapter 47 of title 10, United States Code, 
is amended by inserting after section 931g (article 131g of the 
Uniform Code of Military Justice), as added by section 5449 of 
this Act, the following new section (article): 
10 USC 931g. 
10 USC 931e. 
10 USC 931d. 
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130 STAT. 2958 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘§ 932. Art. 132. Retaliation 
‘‘(a) IN GENERAL.—Any person subject to this chapter who, 
with the intent to retaliate against any person for reporting or 
planning to report a criminal offense, or making or planning to 
make a protected communication, or with the intent to discourage 
any person from reporting a criminal offense or making or planning 
to make a protected communication— 
‘‘(1) wrongfully takes or threatens to take an adverse per-
sonnel action against any person; or 
‘‘(2) wrongfully withholds or threatens to withhold a favor-
able personnel action with respect to any person; 
shall be punished as a court-martial may direct. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘protected communication’ means the fol-
lowing: 
‘‘(A) A lawful communication to a Member of Congress 
or an Inspector General. 
‘‘(B) A communication to a covered individual or 
organization in which a member of the armed forces com-
plains of, or discloses information that the member reason-
ably believes constitutes evidence of, any of the following: 
‘‘(i) A violation of law or regulation, including a 
law or regulation prohibiting sexual harassment or 
unlawful discrimination. 
‘‘(ii) Gross mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific 
danger to public health or safety. 
‘‘(2) The term ‘Inspector General’ has the meaning given 
that term in section 1034(h) of this title. 
‘‘(3) The term ‘covered individual or organization’ means 
any recipient of a communication specified in clauses (i) through 
(v) of section 1034(b)(1)(B) of this title. 
‘‘(4) The term ‘unlawful discrimination’ means discrimina-
tion on the basis of race, color, religion, sex, or national origin.’’. 
SEC. 5451. EXTRATERRITORIAL APPLICATION OF CERTAIN OFFENSES. 
Section 934 of title 10, United States Code (article 134 of 
the Uniform Code of Military Justice), is amended by adding at 
the end the following new sentence: ‘‘As used in the preceding 
sentence, the term ‘crimes and offenses not capital’ includes any 
conduct engaged in outside the United States, as defined in section 
5 of title 18, that would constitute a crime or offense not capital 
if the conduct had been engaged in within the special maritime 
and territorial jurisdiction of the United States, as defined in section 
7 of title 18.’’. 
SEC. 5452. TABLE OF SECTIONS. 
The table of sections at the beginning of subchapter X of chapter 
47 of title 10, United States Code (the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘SUBCHAPTER X—PUNITIVE ARTICLES 
‘‘Sec. Art.
‘‘877. Art. 77. Principals. 
‘‘878. Art. 78. Accessory after the fact. 
‘‘879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts. 
‘‘880. Art. 80. Attempts. 
‘‘881. Art. 81. Conspiracy. 
‘‘882. Art. 82. Soliciting commission of offenses. 
10 USC 932. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘883. Art. 83. Malingering. 
‘‘884. Art. 84. Breach of medical quarantine. 
‘‘885. Art. 85. Desertion. 
‘‘886. Art. 86. Absence without leave. 
‘‘887. Art. 87. Missing movement; jumping from vessel. 
‘‘887a. Art. 87a. Resistence, flight, breach of arrest, and escape. 
‘‘887b. Art. 87b. Offenses against correctional custody and restriction. 
‘‘888. Art. 88. Contempt toward officials. 
‘‘889. Art. 89. Disrespect toward superior commissioned officer; assault of superior 
commissioned officer. 
‘‘890. Art. 90. Willfully disobeying superior commissioned officer. 
‘‘891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned offi-
cer, or petty officer. 
‘‘892. Art. 92. Failure to obey order or regulation. 
‘‘893. Art. 93. Cruelty and maltreatment. 
‘‘893a. Art. 93a. Prohibited activities with military recruit or trainee by person in 
position of special trust. 
‘‘894. Art. 94. Mutiny or sedition. 
‘‘895. Art. 95. Offenses by sentinel or lookout. 
‘‘895a. Art. 95a. Disrespect toward sentinel or lookout. 
‘‘896. Art. 96. Release of prisoner without authority; drinking with prisoner. 
‘‘897. Art. 97. Unlawful detention. 
‘‘898. Art. 98. Misconduct as prisoner. 
‘‘899. Art. 99. Misbehavior before the enemy. 
‘‘900. Art. 100. Subordinate compelling surrender. 
‘‘901. Art. 101. Improper use of countersign. 
‘‘902. Art. 102. Forcing a safeguard. 
‘‘903. Art. 103. Spies. 
‘‘903a. Art. 103a. Espionage. 
‘‘903b. Art. 103b. Aiding the enemy. 
‘‘904. Art. 104. Public records offenses. 
‘‘904a. Art. 104a. Fraudulent enlistment, appointment, or separation. 
‘‘904b. Art. 104b. Unlawful enlistment, appointment, or separation. 
‘‘905. Art. 105. Forgery. 
‘‘905a. Art. 105a. False or unauthorized pass offenses. 
‘‘906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent 
or official. 
‘‘906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, 
or lapel button. 
‘‘907. Art. 107. False official statements; false swearing. 
‘‘907a. Art. 107a. Parole violation. 
‘‘908. Art. 108. Military property of the United States—Loss damage, destruction, 
or wrongful disposition. 
‘‘908a. Art. 108a. Captured or abandoned property. 
‘‘909. Art. 109. Property other than military property of the United States—Waste, 
spoilage, or destruction. 
‘‘909a. Art. 109a. Mail matter: wrongful taking, opening, etc.. 
‘‘910. Art. 110. Improper hazarding of vessel or aircraft. 
‘‘911. Art. 111. Leaving scene of vehicle accident. 
‘‘912. Art. 112. Drunkenness and other incapacitation offenses. 
‘‘912a. Art. 112a. Wrongful use, possession, etc., of controlled substances. 
‘‘913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel. 
‘‘914. Art. 114. Endangerment offenses. 
‘‘915. Art. 115. Communicating threats. 
‘‘916. Art. 116. Riot or breach of peace. 
‘‘917. Art. 117. Provoking speeches or gestures. 
‘‘918. Art. 118. Murder. 
‘‘919. Art. 119. Manslaughter. 
‘‘919a. Art. 119a. Death or injury of an unborn child. 
‘‘919b. Art. 119b. Child endangerment. 
‘‘920. Art. 120. Rape and sexual assault generally. 
‘‘920a. Art. 120a. Mails: deposit of obscene matter. 
‘‘920b. Art. 120b. Rape and sexual assault of a child. 
‘‘920c. Art. 120c. Other sexual misconduct. 
‘‘921. Art. 121. Larceny and wrongful appropriation. 
‘‘921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access de-
vices. 
‘‘921b. Art. 121b. False pretenses to obtain services. 
‘‘922. Art. 122. Robbery. 
‘‘922a. Art. 122a. Receiving stolen property. 
‘‘923. Art. 123. Offenses concerning Government computers. 
‘‘923a. Art. 123a. Making, drawing, or uttering check, draft, or order without suffi-
cient funds. 
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130 STAT. 2960 
PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘924. Art. 124. Frauds against the United States. 
‘‘924a. Art. 124a. Bribery. 
‘‘924b. Art. 124b. Graft. 
‘‘925. Art. 125. Kidnapping. 
‘‘926. Art. 126. Arson; burning property with intent to defraud. 
‘‘927. Art. 127. Extortion. 
‘‘928. Art. 128. Assault. 
‘‘928a. Art 128a. Maiming. 
‘‘929. Art. 129. Burglary; unlawful entry. 
‘‘930. Art. 130. Stalking. 
‘‘931. Art. 131. Perjury. 
‘‘931a. Art. 131a. Subornation of perjury. 
‘‘931b. Art. 131b. Obstructing justice. 
‘‘931c. Art. 131c. Misprision of serious offense. 
‘‘931d. Art. 131d. Wrongful refusal to testify. 
‘‘931e. Art. 131e. Prevention of authorized seizure of property. 
‘‘931f. Art. 131f. Noncompliance with procedural rules. 
‘‘931g. Art. 131g. Wrongful interference with adverse administrative proceeding. 
‘‘932. Art. 132. Retaliation. 
‘‘933. Art. 133. Conduct unbecoming an officer and a gentleman. 
‘‘934. Art. 134. General article.’’. 
TITLE LXI—MISCELLANEOUS 
PROVISIONS 
Sec. 5501. Technical amendments relating to courts of inquiry. 
Sec. 5502. Technical amendment to Article 136. 
Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers 
upon commissioning. 
Sec. 5504. Military justice case management; data collection and accessibility. 
SEC. 5501. TECHNICAL AMENDMENTS RELATING TO COURTS OF 
INQUIRY. 
Section 935(c) of title 10, United States Code (article 135(c) 
of the Uniform Code of Military Justice), is amended— 
(1) by striking ‘‘(c) Any person’’ and inserting ‘‘(c)(1) Any 
person’’; 
(2) by designating the second and third sentences as para-
graphs (2) and (3), respectively; and 
(3) in paragraph (2), as so designated, by striking ‘‘subject 
to this chapter or employed by the Department of Defense’’ 
and inserting ‘‘who is (A) subject to this chapter, (B) employed 
by the Department of Defense, or (C) with respect to the Coast 
Guard, employed by the department in which the Coast Guard 
is operating when it is not operating as a service in the Navy, 
and’’. 
SEC. 5502. TECHNICAL AMENDMENT TO ARTICLE 136. 
Section 936 of title 10, United States Code (article 136 of 
the Uniform Code of Military Justice), is amended by striking 
the last five words in the section heading. 
SEC. 5503. ARTICLES OF UNIFORM CODE OF MILITARY JUSTICE TO 
BE EXPLAINED TO OFFICERS UPON COMMISSIONING. 
Section 937 of title 10, United States Code (article 137 of 
the Uniform Code of Military Justice), is amended— 
(1) in subsection (a), by striking ‘‘(a)(1) The sections of 
this title (articles of the Uniform Code of Military Justice)’’ 
and inserting ‘‘ (a) ENLISTED MEMBERS.—(1) The sections (arti-
cles) of this chapter (the Uniform Code of Military Justice)’’; 
(2) by striking subsection (b); and 
(3) by adding after subsection (a) the following new sub-
sections: 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(b) OFFICERS.—(1) The sections (articles) of this chapter (the 
Uniform Code of Military Justice) specified in paragraph (2) shall 
be carefully explained to each officer at the time of (or within 
six months after)— 
‘‘(A) the initial entrance of the officer on active duty as 
an officer; or 
‘‘(B) the initial commissioning of the officer in a reserve 
component. 
‘‘(2) This subsection applies with respect to the sections (arti-
cles) specified in subsection (a)(3) and such other sections (articles) 
as the Secretary concerned may prescribe by regulation. 
‘‘(c) TRAINING FOR CERTAIN OFFICERS.—Under regulations pre-
scribed by the Secretary concerned, officers with the authority to 
convene courts-martial or to impose non-judicial punishment shall 
receive periodic training regarding the purposes and administration 
of this chapter. Under regulations prescribed by the Secretary of 
Defense, officers assigned to duty in a joint command or a combatant 
command, who have such authority, shall receive additional special-
ized training regarding the purposes and administration of this 
chapter with respect to joint commands and the combatant com-
mands. 
‘‘(d) AVAILABILITY AND MAINTENANCE OF TEXT.—The text of 
this chapter (the Uniform Code of Military Justice) and the text 
of the regulations prescribed by the President under this chapter 
shall be— 
‘‘(1) made available to a member on active duty or to 
a member of a reserve component, upon request by the member, 
for the member’s personal examination; and 
‘‘(2) maintained by the Secretary of Defense in electronic 
formats that are updated periodically and made available on 
the Internet.’’. 
SEC. 5504. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION 
AND ACCESSIBILITY. 
(a) IN GENERAL.—Subchapter XI of chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), is amended 
by adding at the end the following new section (article): 
‘‘§ 940a. Art. 140a. Case management; data collection and 
accessibility 
‘‘The Secretary of Defense shall prescribe uniform standards 
and criteria for conduct of each of the following functions at all 
stages of the military justice system, including pretrial, trial, post- 
trial, and appellate processes, using, insofar as practicable, the 
best practices of Federal and State courts: 
‘‘(1) Collection and analysis of data concerning substantive 
offenses and procedural matters in a manner that facilitates 
case management and decision making within the military 
justice system, and that enhances the quality of periodic reviews 
under section 946 of this title (article 146). 
‘‘(2) Case processing and management. 
‘‘(3) Timely, efficient, and accurate production and distribu-
tion of records of trial within the military justice system. 
‘‘(4) Facilitation of access to docket information, filings, 
and records, taking into consideration restrictions appropriate 
to judicial proceedings and military records.’’. 
(b) EFFECTIVE DATES.— 
10 USC 940a 
note. 
10 USC 940a. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(1) IN GENERAL.—Not later than 2 years after the date 
of the enactment of this Act, the Secretary of Defense shall 
carry out section 940a of title 10, United States Code (article 
140a of the Uniform Code of Military Justice), as added by 
subsection (a). 
(2) STANDARDS AND CRITERIA.—Not later than 4 years after 
the date of the enactment of this Act, the standards and criteria 
under section 940a of title 10, United States Code (article 
140a of the Uniform Code of Military Justice), as added by 
subsection (a), shall take effect. 
TITLE LXII—MILITARY JUSTICE REVIEW 
PANEL AND ANNUAL REPORTS 
Sec. 5521. Military Justice Review Panel. 
Sec. 5522. Annual reports. 
SEC. 5521. MILITARY JUSTICE REVIEW PANEL. 
Section 946 of title 10, United States Code (article 146 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘§ 946. Art. 146. Military Justice Review Panel 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a panel to conduct independent periodic reviews and assessments 
of the operation of this chapter. The panel shall be known as 
the ‘Military Justice Review Panel’ (in this section referred to 
as the ‘Panel’). 
‘‘(b) MEMBERS.— 
‘‘(1) NUMBER OF MEMBERS.—The Panel shall be composed 
of thirteen members. 
‘‘(2) APPOINTMENT OF CERTAIN MEMBERS.—Each of the fol-
lowing shall appoint one member of the Panel: 
‘‘(A) The Secretary of Defense (in consultation with 
the Secretary of the department in which the Coast Guard 
is operating when it is not operating as a service in the 
Navy). 
‘‘(B) The Attorney General. 
‘‘(C) The Judge Advocates General of the Army, Navy, 
Air Force, and Coast Guard, and the Staff Judge Advocate 
to the Commandant of the Marine Corps. 
‘‘(3) APPOINTMENT OF REMAINING MEMBERS BY SECRETARY 
OF
DEFENSE.—The Secretary of Defense shall appoint the 
remaining members of the Panel, taking into consideration 
recommendations made by each of the following: 
‘‘(A) The chairman and ranking minority member of 
the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representa-
tives. 
‘‘(B) The Chief Justice of the United States. 
‘‘(C) The Chief Judge of the United States Court of 
Appeals for the Armed Forces. 
‘‘(c) QUALIFICATIONS OF MEMBERS.—The members of the Panel 
shall be appointed from among private United States citizens with 
expertise in criminal law, as well as appropriate and diverse experi-
ence in investigation, prosecution, defense, victim representation, 
or adjudication with respect to courts-martial, Federal civilian 
courts, or State courts. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(d) CHAIR.—The Secretary of Defense shall select the chair 
of the Panel from among the members. 
‘‘(e) TERM; VACANCIES.—Each member shall be appointed for 
a term of eight years, and no member may serve more than one 
term. Any vacancy shall be filled in the same manner as the 
original appointment. 
‘‘(f) REVIEWS AND REPORTS.— 
‘‘(1) INITIAL REVIEW OF RECENT AMENDMENTS TO UCMJ.— 
During fiscal year 2020, the Panel shall conduct an initial 
review and assessment of the implementation of the amend-
ments made to this chapter during the preceding five years. 
In conducting the initial review and assessment, the Panel 
may review such other aspects of the operation of this chapter 
as the Panel considers appropriate. 
‘‘(2) SENTENCING DATA COLLECTION AND REPORT.—During 
fiscal year 2020, the Panel shall gather and analyze sentencing 
data collected from each of the armed forces from general 
and special courts-martial applying offense-based sentencing 
under section 856 of this title (article 56). The sentencing 
data shall include the number of accused who request member 
sentencing and the number who request sentencing by military 
judge alone, the offenses which the accused were convicted 
of, and the resulting sentence for each offense in each case. 
The Judge Advocates General and the Staff Judge Advocate 
to the Commandant of the Marine Corps shall provide the 
sentencing data in the format and for the duration established 
by the chair of the Panel. Not later than October 31, 2020, 
the Panel shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives through the 
Secretary of Defense a report setting forth the Panel’s findings 
and recommendations on the need for sentencing reform. 
‘‘(3) PERIODIC COMPREHENSIVE REVIEWS.—During fiscal year 
2024 and every eight years thereafter, the Panel shall conduct 
a comprehensive review and assessment of the operation of 
this chapter. 
‘‘(4) PERIODIC INTERIM REVIEWS.—During fiscal year 2028 
and every eight years thereafter, the Panel shall conduct an 
interim review and assessment of such other aspects of the 
operation of this chapter as the Panel considers appropriate. 
In addition, at the request of the Secretary of Defense, the 
Panel may, at any time, review and assess other specific mat-
ters relating to the operation of this chapter. 
‘‘(5) REPORTS.—Not later than December 31 of each year 
during which the Panel conducts a review and assessment 
under this subsection, the Panel shall submit to the Committees 
on Armed Services of the Senate and the House of Representa-
tives a report setting forth the results of such review and 
assessment, including the Panel’s findings and recommenda-
tions. 
‘‘(g) HEARINGS.—The Panel may hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence as the Panel considers appropriate to carry out its 
duties under this section. 
‘‘(h) INFORMATION FROM FEDERAL AGENCIES.—Upon request 
of the chair of the Panel, a department or agency of the Federal 
Government shall provide information that the Panel considers 
necessary to carry out its duties under this section. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
‘‘(i) ADMINISTRATIVE MATTERS.— 
‘‘(1) MEMBERS TO SERVE WITHOUT PAY.—Members of the 
Panel shall serve without pay, but shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, while away from their homes or regular 
places of business in the performance of services for the Panel. 
‘‘(2) STAFFING AND RESOURCES.—The Secretary of Defense 
shall provide staffing and resources to support the Panel. 
‘‘(j) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Panel.’’. 
SEC. 5522. ANNUAL REPORTS. 
Subchapter XII of chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), is amended by adding at 
the end the following new section (article): 
‘‘§ 946a. Art. 146a. Annual reports 
‘‘(a) COURT OF APPEALS FOR THE ARMED FORCES.—Not later 
than December 31 each year, the Court of Appeals for the Armed 
Forces shall submit a report that, with respect to the previous 
fiscal year, provides information on the number and status of com-
pleted and pending cases before the Court, and such other matters 
as the Court considers appropriate regarding the operation of this 
chapter. 
‘‘(b) SERVICE REPORTS.—Not later than December 31 each year, 
the Judge Advocates General and the Staff Judge Advocate to 
the Commandant of the Marine Corps shall each submit a report, 
with respect to the preceding fiscal year, containing the following: 
‘‘(1) Data on the number and status of pending cases. 
‘‘(2) 
Information 
on 
the 
appellate 
review 
process, 
including— 
‘‘(A) information on compliance with processing time 
goals; 
‘‘(B) descriptions of the circumstances surrounding 
cases in which general or special court-martial convictions 
were (i) reversed because of command influence or denial 
of the right to speedy review or (ii) otherwise remitted 
because of loss of records of trial or other administrative 
deficiencies; and 
‘‘(C) an analysis of each case in which a provision 
of this chapter was held unconstitutional. 
‘‘(3)(A) An explanation of measures implemented by the 
armed force concerned to ensure the ability of judge advocates— 
‘‘(i) to participate competently as trial counsel and 
defense counsel in cases under this chapter; 
‘‘(ii) to preside as military judges in cases under this 
chapter; and 
‘‘(iii) to perform the duties of Special Victims’ Counsel, 
when so designated under section 1044e of this title. 
‘‘(B) The explanation under subparagraph (A) shall specifi-
cally identify the measures that focus on capital cases, national 
security cases, sexual assault cases, and proceedings of military 
commissions. 
‘‘(4) The independent views of each Judge Advocate General 
and of the Staff Judge Advocate to the Commandant of the 
Marine Corps as to the sufficiency of resources available within 
10 USC 946a. 
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the respective armed forces, including total workforce, funding, 
training, and officer and enlisted grade structure, to capably 
perform military justice functions. 
‘‘(5) Such other matters regarding the operation of this 
chapter as may be appropriate. 
‘‘(c) SUBMISSION.—Each report under this section shall be sub-
mitted— 
‘‘(1) to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Rep-
resentatives; and 
‘‘(2) to the Secretary of Defense, the Secretaries of the 
military departments, and the Secretary of the department 
in which the Coast Guard is operating when it is not operating 
as a service in the Navy.’’. 
TITLE LXIII—CONFORMING 
AMENDMENTS AND EFFECTIVE DATES 
Sec. 5541. Amendments to UCMJ subchapter tables of sections. 
Sec. 5542. Effective dates. 
SEC. 5541. AMENDMENTS TO UCMJ SUBCHAPTER TABLES OF SEC-
TIONS. 
The tables of sections for the specified subchapters of chapter 
47 of title 10, United States Code (the Uniform Code of Military 
Justice), are amended as follows: 
(1) SUBCHAPTER
II; APPREHENSION
AND
RESTRAINT.—The 
table of sections at the beginning of subchapter II is amended— 
(A) by striking the item relating to section 810 (article 
10) and inserting the following new item: 
‘‘810. Art. 10. Restraint of persons charged.’’; and 
(B) by striking the item relating to section 812 (article 
12) and inserting the following new item: 
‘‘812. Art. 12. Prohibition of confinement of members of the armed forces with 
enemy prisoners and certain others.’’. 
(2) SUBCHAPTER V; COMPOSITION OF COURTS-MARTIAL.—The 
table of sections at the beginning of subchapter V is amended— 
(A) by striking the item relating to section 825a (article 
25a) and inserting the following new item: 
‘‘825. Art. 25a. Number of court-martial members in capital cases.’’; 
(B) by inserting after the item relating to section 826 
(article 26) the following new item: 
‘‘826a. Art. 26a. Military magistrates.’’; and 
(C) by striking the item relating to section 829 (article 
29) and inserting the following new item: 
‘‘829. Art. 29. Assembly and impaneling of members; detail of new members and 
military judges.’’. 
(3) SUBCHAPTER VI; PRE-TRIAL PROCEDURE.—The table of 
sections at the beginning of subchapter VI is amended— 
10 USC 
prec. 830. 
10 USC 
prec. 822. 
10 USC 
prec. 807. 
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PUBLIC LAW 114–328—DEC. 23, 2016 
(A) by inserting after the item relating to section 830 
(article 30) the following new item: 
‘‘830. Art. 30a. Certain proceedings conducted before referral.’’; and 
(B) by striking the items relating to sections 832 
through 835 (articles 32 through 35) and inserting the 
following new items: 
‘‘832. Art. 32. Preliminary hearing required before referral to general court-martial. 
‘‘833. Art. 33. Disposition guidance. 
‘‘834. Art. 34. Advice to convening authority before referral for trial. 
‘‘835. Art. 35. Service of charges; commencement of trial.’’. 
(4) SUBCHAPTER VII; TRIAL PROCEDURE.—The table of sec-
tions at the beginning of subchapter VII is amended— 
(A) by striking the items relating to sections 846 
through 848 (articles 46 through 48) and inserting the 
following new items: 
‘‘846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by court- 
martial. 
‘‘847. Art. 47. Refusal of person not subject to chapter to appear, testify, or produce 
evidence. 
‘‘848. Art. 48. Contempt.’’; 
(B) by striking the item relating to section 850 (article 
50) and inserting the following new item: 
‘‘850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry.’’; 
(C) by striking the items relating to section 852 (article 
52) and inserting the following new item: 
‘‘852. Art. 52. Votes required for conviction, sentencing, and other matters.’’; and 
(D) by striking the item relating to section 853 (article 
53) and inserting the following new items: 
‘‘853. Art. 53. Findings and sentencing. 
‘‘853a. Art. 53a. Plea agreements.’’. 
(5) SUBCHAPTER
VIII; SENTENCES.—The table of sections 
at the beginning of subchapter VIII is amended— 
(A) by striking the item relating to section 856 (article 
56) and inserting the following new item: 
‘‘856. Art. 56. Sentencing.’’; and 
(B) by striking the items relating to sections 856a 
and 857a (articles 56a and 57a). 
(6) SUBCHAPTER IX; POST-TRIAL PROCEDURE.—The table of 
sections at the beginning of subchapter IX is amended— 
(A) by striking the items relating to sections 860 and 
61 (articles 60 and 61) and inserting the following new 
items: 
‘‘860. Art. 60. Post-trial processing in general and special courts-martial. 
‘‘860a. Art. 60a. Limited authority to act on sentence in specified post-trial cir-
cumstances. 
‘‘860b. Art. 60b. Post-trial actions in summary courts-martial and certain general 
and special courts-martial. 
‘‘860c. Art. 60c. Entry of judgment. 
‘‘861. Art. 61. Waiver of right to appeal; withdrawal of appeal.’’; 
10 USC 
prec. 859. 
10 USC 
prec. 855. 
10 USC 
prec. 836. 
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130 STAT. 2967 
PUBLIC LAW 114–328—DEC. 23, 2016 
(B) by striking the items relating to sections 864 
through 866 (articles 64 through 66) and inserting the 
following new items: 
‘‘864. Art. 64. Judge advocate review of finding of guilty in summary court-martial. 
‘‘865. Art. 65. Transmittal and review of records. 
‘‘866. Art. 66. Courts of Criminal Appeals.’’; 
(C) by striking the item relating to section 869 (article 
69) and inserting the following new item: 
‘‘869. Art. 69. Review by Judge Advocate General.’’; and 
(D) by striking the item relating to section 871 (article 
71). 
(7) SUBCHAPTER XI; MISCELLANEOUS PROVISIONS.—The table 
of sections at the beginning of subchapter XI is amended— 
(A) by striking the item relating to section 936 (article 
136) and inserting the following new item: 
‘‘936. Art. 136. Authority to administer oaths.’’; and 
(B) by inserting after the item relating to section 940 
(article 140) the following new item: 
‘‘940a. Art. 140a. Case management; data collection and accessibility.’’. 
(8) SUBCHAPTER XII; UNITED STATES COURT OF APPEALS FOR 
THE ARMED FORCES.—The table of sections at the beginning 
of subchapter XII is amended by striking the item relating 
to section 946 (article 146) and inserting the following new 
items: 
‘‘946. Art. 146. Military Justice Review Panel. 
‘‘946a. Art. 146a. Annual reports.’’. 
SEC. 5542. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in this division, 
the amendments made by this division shall take effect on the 
date designated by the President, which date shall be not later 
than the first day of the first calendar month that begins two 
years after the date of the enactment of this Act. 
(b) IMPLEMENTING REGULATIONS.—The President shall pre-
scribe regulations implementing this division and the amendments 
made by this division by not later than one year after the date 
of the enactment of this Act, except as otherwise provided in this 
division. 
(c) APPLICABILITY.— 
(1) IN GENERAL.—Subject to the provisions of this division 
and the amendments made by this division, the President shall 
prescribe in regulations whether, and to what extent, the 
amendments made by this division shall apply to a case in 
which one or more actions under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), have been 
taken before the effective date of such amendments. 
(2) INAPPLICABILITY TO CASES IN WHICH CHARGES ALREADY 
REFERRED TO TRIAL ON EFFECTIVE DATE.—Except as otherwise 
provided in this division or the amendments made by this 
division, the amendments made by this division shall not apply 
to any case in which charges are referred to trial by court- 
martial before the effective date of such amendments. Pro-
ceedings in any such case shall be held in the same manner 
10 USC 801 note. 
10 USC 
prec. 941. 
10 USC 
prec. 935. 
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130 STAT. 2968 
PUBLIC LAW 114–328—DEC. 23, 2016 
LEGISLATIVE HISTORY—S. 2943 (H.R. 4909): 
HOUSE REPORTS: Nos. 114–840 (Comm. of Conference) and 114–537, Pt. 2 
(Comm. on Armed Services) accompanying H.R. 4909. 
SENATE REPORTS: No. 114–255 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
June 6–10, 13, 14, considered and passed Senate. 
July 7, considered and passed House, amended, in lieu of H.R. 4909, pursu-
ant to H. Res. 809. 
Dec. 2, House agreed to conference report. 
Dec. 7, 8, Senate considered and agreed to conference report. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 
Dec. 23, Presidential statement. 
and with the same effect as if such amendments had not 
been enacted. 
(3) PUNITIVE ARTICLE AMENDMENTS.— 
(A) IN GENERAL.—The amendments made by title LX 
shall not apply to any offense committed before the effective 
date of such amendments. 
(B) CONSTRUCTION.—Nothing in subparagraph (A) 
shall be construed to invalidate the prosecution of any 
offense committed before the effective date of such amend-
ments. 
(4) 
SENTENCING
AMENDMENTS.—The 
regulations 
pre-
scribing the authorized punishments for any offense committed 
before the effective date of the amendments made by title 
LVIII shall apply to the authorized punishments for the offense, 
as in effect at the time the offense is committed. 
Approved December 23, 2016. 
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